Document ID: chunk:federal_register_of_legislation:C2024C00828:section:312a:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 312A (pt 1/3)
Character Range: 834131–837151

312A  Declaration of identified greenhouse gas storage formation—cross‑boundary

Scope
 (1) This section applies if:
 (a) a cross‑boundary greenhouse gas assessment permit is in force; and
 (b) the permittee has reasonable grounds to believe that:
 (i) a part of a geological formation is an eligible greenhouse gas storage formation; and
 (ii) the part is wholly situated in the permit area; and
 (iii) the part extends to the permit area of the precursor greenhouse gas assessment permit and the relevant area of the precursor State/Territory greenhouse gas assessment title; and
 (c) there is no identified greenhouse gas storage formation wholly situated within the permit area of the precursor greenhouse gas assessment permit; and
 (d) there is no State/Territory identified greenhouse gas storage formation wholly situated within the relevant area of the precursor State/Territory greenhouse gas assessment title.
Note 1: For precursor greenhouse gas assessment permit, see subsection (16).
Note 2: For precursor State/Territory greenhouse gas assessment title, see subsection (17).

Application for declaration of identified greenhouse gas storage formation
 (2) The permittee may apply to the responsible Commonwealth Minister for the declaration of the part referred to in paragraph (1)(b) as an identified greenhouse gas storage formation.
 (3) An application under this section must set out:
 (a) the applicant's reasons for believing that the part referred to in paragraph (1)(b) is an eligible greenhouse gas storage formation; and
 (b) assuming that the part referred to in paragraph (1)(b) is an eligible greenhouse gas storage formation:
 (i) the fundamental suitability determinants of the eligible greenhouse gas storage formation; and
 (ii) an estimate of the spatial extent of the eligible greenhouse gas storage formation; and
 (c) such other information (if any) as is specified in the regulations.
 (4) An estimate of spatial extent must comply with such requirements as are specified in the regulations.

Requirement to give further information or carry out further analysis
 (5) The responsible Commonwealth Minister may, by written notice given to the applicant, require the applicant:
 (a) to give the responsible Commonwealth Minister, within the period specified in the notice, further information in connection with the application; or
 (b) to:
 (i) carry out such further analysis of relevant information as is specified in the notice; and
 (ii) give the responsible Commonwealth Minister, within the period specified in the notice, a written report of the results of that analysis.
 (6) If the applicant breaches a requirement under subsection (5), the responsible Commonwealth Minister may, by written notice given to the applicant:
 (a) refuse to consider the application; or
 (b) refuse to take any action, or any further action, in relation to the application.

Variation of application
 (7) At any time before the responsible Commonwealth Minister makes a decision on an application