Document ID: chunk:federal_register_of_legislation:C2024C00828:section:388:p2
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 388 (pt 2/2)
Character Range: 1131838–1133253

safety.
 (5) Subsection (4) does not limit the matters to which the responsible Commonwealth Minister may have regard in deciding whether to refuse to give the applicant a pre‑certificate notice.

Circumstances in which a pre‑certificate notice must not be given
 (6) The responsible Commonwealth Minister must not give the applicant a pre‑certificate notice in relation to the identified greenhouse gas storage formation unless the responsible Commonwealth Minister is satisfied that:
 (a) either:
 (i) the relevant statutory requirements have been complied with; or
 (ii) any of the relevant statutory requirements have not been complied with, but there are sufficient grounds to warrant the issue of the site closing certificate; or
 (b) if any conditions are specified in the regulations—those conditions have been satisfied.
 (7) For the purposes of paragraph (6)(a), each of the following is a relevant statutory requirement:
 (a) the conditions to which the greenhouse gas injection licence is, or has from time to time been, subject;
 (b) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
 (c) the provisions of the regulations.

Decision must be made within 5 years
 (8) If an application for a site closing certificate has been made under section 386, the responsible Commonwealth Minister must make a decision on the application within 5 years after the application was made.