Document ID: chunk:federal_register_of_legislation:C2024C00828:section:347
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 347
Character Range: 951838–954413

347  Application for renewal of greenhouse gas holding lease (other than a cross‑boundary greenhouse gas holding lease)
 (1A) This section does not apply to a cross‑boundary greenhouse gas holding lease.

Application for renewal
 (1) The registered holder of a greenhouse gas holding lease (other than a special greenhouse gas holding lease) may apply to the responsible Commonwealth Minister for the renewal by the responsible Commonwealth Minister of the lease.
 (2) A greenhouse gas holding lease cannot be renewed more than once.
 (3) An application to renew a greenhouse gas holding lease must be made:
 (a) not more than 12 months before the expiry date of the lease; and
 (b) at least 180 days before the expiry date of the lease.
 (4) Despite subsection (3), the responsible Commonwealth Minister may accept an application to renew a greenhouse gas holding lease if the application is made:
 (a) later than 180 days before the expiry date of the lease; and
 (b) before the expiry date of the lease.
 (5) An application under this section must:
 (a) be in the approved form; and
 (b) be accompanied by any information or documents required by the form.
 (5A) If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the expiry date of the lease.
 (5B) For the purposes of subsection (5A), disregard the effect of subsection (6).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.

Extension of duration of greenhouse gas holding lease pending decision on application
 (6) If:
 (a) a greenhouse gas holding lessee makes an application to renew the lease; and
 (b) the lease would, apart from this subsection, expire:
 (i) before the responsible Commonwealth Minister grants, or refuses to grant, the renewal of the lease; or
 (ii) before the application lapses as provided by section 431;
the lease continues in force:
 (c) until the responsible Commonwealth Minister grants, or refuses to grant, the renewal of the lease; or
 (d) until the application so lapses;
whichever happens first.
 (7) Subsection (6) has effect subject to this Chapter but despite section 322.
Note: See the notes at the end of section 322.