Greenhouse Gas Storage Act 2009
sec.138Minister may add excluded land
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sec.138 Minister may add excluded land
The Minister may amend a GHG lease by adding excluded land for the GHG lease to its area only if— the GHG lease as amended complies with section 135 ; and the GHG lease holder consents. If land mentioned in subsection (1) is added to the area of the GHG lease, the land ceases to be excluded land for the lease. The Minister may amend the provisions of the GHG lease in a way that reflects the inclusion of the excluded land. Also, the Minister may give the GHG lease holder a notice— withdrawing from a stated day, the approval of the development plan for the GHG lease; and directing the holder to give the Minister a proposed later development plan for the GHG lease that— complies with the later development plan requirements; and changes the development plan for the GHG lease to reflect the inclusion of the excluded land. The amended provisions of the GHG lease or the proposed later development plan must not be— inconsistent with the mandatory conditions for GHG leases; or the same as or substantially the same as or inconsistent with any relevant environmental condition. (sec.138-ssec.1) The Minister may amend a GHG lease by adding excluded land for the GHG lease to its area only if— the GHG lease as amended complies with section 135 ; and the GHG lease holder consents. (sec.138-ssec.2) If land mentioned in subsection (1) is added to the area of the GHG lease, the land ceases to be excluded land for the lease. (sec.138-ssec.3) The Minister may amend the provisions of the GHG lease in a way that reflects the inclusion of the excluded land. (sec.138-ssec.4) Also, the Minister may give the GHG lease holder a notice— withdrawing from a stated day, the approval of the development plan for the GHG lease; and directing the holder to give the Minister a proposed later development plan for the GHG lease that— complies with the later development plan requirements; and changes the development plan for the GHG lease to reflect the inclusion of the excluded land. (sec.138-ssec.5) The amended provisions of the GHG lease or the proposed later development plan must not be— inconsistent with the mandatory conditions for GHG leases; or the same as or substantially the same as or inconsistent with any relevant environmental condition.
- (a) the GHG lease as amended complies with section 135 ; and
- (b) the GHG lease holder consents.
- (a) withdrawing from a stated day, the approval of the development plan for the GHG lease; and
- (b) directing the holder to give the Minister a proposed later development plan for the GHG lease that— (i) complies with the later development plan requirements; and (ii) changes the development plan for the GHG lease to reflect the inclusion of the excluded land.
- (i) complies with the later development plan requirements; and