Greenhouse Gas Storage Act 2009
sec.221Resolving disputes
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sec.221 Resolving disputes
This section applies if under section 219 a relevant lease holder has objected to the carrying out of a GHG storage activity by a GHG authority holder. This section also applies if there is a dispute between a GHG authority holder and an exploration authority (non-GHG) holder about whether an authorised activity for the GHG authority can be carried out under section 220 . Either of the parties may by a notice in the approved form ask the Minister to decide— for section 219 —whether the authorised activity may be carried out under that section; or for section 220 —whether the authorised activity may be carried out under that section. Before making the decision the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period. The Minister must, after complying with subsection (4) and considering any submission made under that subsection, decide the matter and give the parties notice of the decision. The Minister’s decision binds the parties. If the request is about a matter mentioned in subsection (1) , the Minister may impose conditions on any decision that the authorised activity may be carried out. In this section— parties means— for a request about a matter mentioned in subsection (1) —the GHG authority holder and the relevant lease holder; or for a request about a matter mentioned in subsection (2) —the GHG authority holder and the exploration authority (non-GHG) holder. s 221 amd 2010 No. 31 s 502 sch 2 pt 4 (sec.221-ssec.1) This section applies if under section 219 a relevant lease holder has objected to the carrying out of a GHG storage activity by a GHG authority holder. (sec.221-ssec.2) This section also applies if there is a dispute between a GHG authority holder and an exploration authority (non-GHG) holder about whether an authorised activity for the GHG authority can be carried out under section 220 . (sec.221-ssec.3) Either of the parties may by a notice in the approved form ask the Minister to decide— for section 219 —whether the authorised activity may be carried out under that section; or for section 220 —whether the authorised activity may be carried out under that section. (sec.221-ssec.4) Before making the decision the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period. (sec.221-ssec.5) The Minister must, after complying with subsection (4) and considering any submission made under that subsection, decide the matter and give the parties notice of the decision. (sec.221-ssec.6) The Minister’s decision binds the parties. (sec.221-ssec.7) If the request is about a matter mentioned in subsection (1) , the Minister may impose conditions on any decision that the authorised activity may be carried out. (sec.221-ssec.8) In this section— parties means— for a request about a matter mentioned in subsection (1) —the GHG authority holder and the relevant lease holder; or for a request about a matter mentioned in subsection (2) —the GHG authority holder and the exploration authority (non-GHG) holder.