Document ID: chunk:federal_register_of_legislation:C2024C00828:section:313
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 313
Character Range: 840965–843321

313  Variation of declaration of identified greenhouse gas storage formation

Scope
 (1) This section applies if a declaration is in force under section 312 or 312A in relation to a part of a geological formation.

Variation of declaration
 (2) The responsible Commonwealth Minister may, by writing, vary the declaration.
 (3) A variation of the declaration may be made:
 (a) if the part is wholly situated in:
 (i) the permit area of a greenhouse gas assessment permit; or
 (ii) the lease area of a greenhouse gas holding lease; or
 (iii) the licence area of a greenhouse gas injection licence; or
 (iv) the licence area of a petroleum production licence; or
 (v) the lease area of a petroleum retention lease;
  on the application of the registered holder of the permit, lease or licence; or
 (b) on the responsible Commonwealth Minister's own initiative.

Application for variation
 (4) An application for a variation of the declaration must:
 (a) set out the proposed variation; and
 (b) specify the reasons for the proposed variation.

Criteria
 (5) In deciding whether to vary the declaration, the responsible Commonwealth Minister must have regard to:
 (a) any new information; and
 (b) any new analysis; and
 (c) any relevant scientific or technological developments; and
 (d) such other matters (if any) as the responsible Commonwealth Minister considers relevant.

Consultation
 (6) Before varying a declaration under subsection (2) on the responsible Commonwealth Minister's own initiative, the responsible Commonwealth Minister must consult:
 (a) if the part is wholly situated in the permit area of a greenhouse gas assessment permit—the permittee; or
 (b) if the part is wholly situated in the lease area of a greenhouse gas holding lease—the lessee; or
 (c) if the part is wholly situated in the licence area of a greenhouse gas injection licence—the licensee; or
 (d) if the part is wholly situated in the licence area of a petroleum production licence—the licensee; or
 (e) if the part is wholly situated in the lease area of a petroleum retention lease—the lessee.

Publication
 (7) A copy of a variation under subsection (2) must be published in the Gazette.

Varied declarations
 (8) If a declaration in force under section 312 or 312A is varied, a reference in this Act to the declaration is a reference to the declaration as varied.