Document ID: chunk:federal_register_of_legislation:C2024C00828:section:350c:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 350C (pt 1/2)
Character Range: 970325–973150

350C  Refusal to renew cross‑boundary greenhouse gas holding lease

Scope
 (1) This section applies if an application to renew a greenhouse gas holding lease has been made under section 350A.

Refusal on grounds of non‑compliance with conditions
 (2) If:
 (a) any of:
 (i) the conditions to which the greenhouse gas holding lease is, or has from time to time been, subject; or
 (ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
 (iii) the provisions of the regulations;
  have not been complied with; and
 (b) the Cross‑boundary Authority is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas holding lease;
the Cross‑boundary Authority must, by written notice given to the applicant, refuse to renew the lease.
Note: Consultation procedures apply—see section 434A.

Refusal on grounds that the applicant is in a position to inject and permanently store a greenhouse gas substance
 (3) If the Cross‑boundary Authority is satisfied that the applicant is, at the time of the application, in a position to:
 (a) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
 (b) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
the Cross‑boundary Authority must, by written notice given to the applicant, refuse to renew the lease.
Note: Consultation procedures apply—see section 434A.
 (4) If:
 (a) the Cross‑boundary Authority makes a decision under subsection (3) refusing to renew the lease; and
 (b) a notice of refusal is given to the applicant; and
 (c) within 12 months after the notice was given, the lessee applies for a greenhouse gas injection licence over one or more of the blocks comprised in the lease; and
 (d) the lease would, apart from this subsection, expire:
 (i) before the Cross‑boundary Authority grants, or refuses to grant, the greenhouse gas injection licence; or
 (ii) before the application lapses;
the lease continues in force until:
 (e) the Cross‑boundary Authority grants, or refuses to grant, the greenhouse gas injection licence; or
 (f) the application lapses;
whichever happens first.
 (5) If:
 (a) the Cross‑boundary Authority makes a decision under subsection (3) refusing to renew the lease; and
 (b) a notice of refusal is given to the applicant; and
 (c) subsection (4) does not apply; and
 (d) the lease would, apart from this subsection, expire within 12 months after the notice was given;
the lease continues in force until the end of the 12‑month period beginning on the day on which the notice was given.
 (6) Subsections (4) and (5) have effect