Document ID: chunk:federal_register_of_legislation:F2024C01250:reg:12
Version: federal_register_of_legislation:F2024C01250
Segment Type: reg
Provision Reference: reg 12
Character Range: 18664–21455

12  Notice of intended determination
 (1) Before making a determination in accordance with a SROSAI section, the decision‑maker must give the following a notice in writing of the decision‑maker's intended determination:
 (a) for an intended determination in accordance with section 25, 27, 27A or 29 of the Act—the registered holder of the title under which the main operation or operations are being, or could be, carried on;
 (b) for an intended determination in accordance with section 26 of the Act—the applicant for the petroleum production licence;
 (c) for an intended determination in accordance with section 28 or 28A of the Act—the applicant for the greenhouse gas injection licence;
 (d) the registered holder of each existing title that is a potentially affected title;
 (e) for an intended determination in accordance with section 27A or 28A of the Act—the holder of each existing State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title that is a potentially affected title;
 (f) a person covered by subsection (2).
 (2) If:
 (a) the intended determination is required by any of the following provisions of the Act:
 (i) subsection 100(6);
 (ii) subsection 137(6);
 (iii) subsection 163(6);
 (iv) subparagraph 171(1)(d)(ii);
 (v) subparagraph 173(6)(b)(ii);
 (vi) subsection 292(6);
 (vii) subsection 292A(6);
 (viii) subsection 321(6);
 (ix) subsection 321A(6);
 (x) paragraph 362(1)(c) or (e);
 (xi) paragraph 362(2)(c) or (e);
 (xii) paragraph 368B(1)(c), (f) or (g);
 (xiii) paragraph 368B(2)(c), (f) or (g);
 (xiv) paragraph 370(d) or (f); and
 (b) a future potentially affected title is referred to in the provision; and
 (c) the provision refers to an existing title, State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title that relates to the future potentially affected title;
the registered holder of the existing title, or the holder of the existing State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title, is covered by this subsection.
 (3) The notice given under subsection (1) must:
 (a) set out details of the determination that is intended to be made; and
 (b) set out the reasons for the intended determination; and
 (c) invite a person to whom the notice has been given to make a written submission to the decision‑maker about the intended determination; and
 (d) specify a time limit for making that submission.
 (4) In making a determination, the decision‑maker must take into account any submissions made in accordance with the notice.

Part 3—Applications for declarations of identified greenhouse gas storage formations