128Exception to section 127

128 Exception to section 127

Despite section 127(2)(c), the Minister may grant a special access authorisation in respect of an area that is the subject of an exploration permit, a retention lease or a greenhouse gas injection and monitoring licence without the consent of the holder of the permit, lease or licence if—

(a) in the opinion of the Minister, the likely geological information to be gained if the authorisation is granted in respect of that area will be of significant benefit to Victoria; and

(b) the Minister—

(i) notifies the holder of the permit, lease or licence in writing that the Minister is proposing to exercise his or her powers under this section, and of the reasons why he or she is proposing to do so; and

(ii) gives the holder 28 days to make any submissions it wishes in relation to the proposal; and

(c) the Minister considers any submissions made in response to the notice and also takes into account any commercial consequences to the holder of the permit, lease or licence that may be likely if the authorisation is granted.