Victorian Consolidated Legislation

Greenhouse Gas Geological Sequestration Act 2008 - SECT 159

Minister may vary conditions unilaterally

159. Minister may vary conditions unilaterally



(1) This section does not apply to an injection testing plan, an injection and
monitoring plan or a special access well plan.

(2) The Minister may vary any condition imposed on an authority.

(3) To do this, the Minister must-

   (a)  notify the holder of the authority in writing of the variation
        the Minister proposes to make and invite the holder to make any
        submissions it may wish to make in respect of the proposal within the
        time specified by the Minister; and

   (b)  consider any submissions made by the holder of the authority.

(4) The Minister must allow a period of at least 28 days for the purposes of
subsection (3)(a).

(5) If, after complying with subsection (3), the Minister decides to vary the
condition, he or she must give the holder of the authority notice in writing
of the decision.





(6) The Minister may only vary a condition on a retention lease or an
injection and monitoring licence if at least 5 years have elapsed since the
condition was imposed or last varied (whichever is the later event) under this
section.

(7) For the purposes of subsection (6), a condition is not imposed or varied
if the holder of the authority, in response to a notice under subsection
(3)(a), does not object to the imposition or variation of the condition.