Greenhouse Gas Storage Act 2009
sec.371Minister’s power to ensure compliance by GHG authority holder
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sec.371 Minister’s power to ensure compliance by GHG authority holder
This section applies if— the holder of a GHG authority has not complied with a requirement under this Act, of the holder; and no other provision of this Act allows someone other than the holder to ensure compliance with the requirement. The Minister may take any action the Minister considers appropriate to ensure all or part of the requirement is complied with if— subsections (3) and (4) have been complied with; or the holder has agreed to the Minister taking the action. The Minister must give the holder notice— stating the requirement and the action the Minister proposes to take; and inviting the holder to within a stated reasonable period make submissions to the Minister about the proposed action. The Minister must consider any submissions made by the holder within the stated period. A decision to take the action does not take effect until the holder is given an information notice about the decision. The State may recover from the holder as a debt any reasonable costs it incurs in the exercise of the power under subsection (2) . (sec.371-ssec.1) This section applies if— the holder of a GHG authority has not complied with a requirement under this Act, of the holder; and no other provision of this Act allows someone other than the holder to ensure compliance with the requirement. (sec.371-ssec.2) The Minister may take any action the Minister considers appropriate to ensure all or part of the requirement is complied with if— subsections (3) and (4) have been complied with; or the holder has agreed to the Minister taking the action. (sec.371-ssec.3) The Minister must give the holder notice— stating the requirement and the action the Minister proposes to take; and inviting the holder to within a stated reasonable period make submissions to the Minister about the proposed action. (sec.371-ssec.4) The Minister must consider any submissions made by the holder within the stated period. (sec.371-ssec.5) A decision to take the action does not take effect until the holder is given an information notice about the decision. (sec.371-ssec.6) The State may recover from the holder as a debt any reasonable costs it incurs in the exercise of the power under subsection (2) .
- (a) the holder of a GHG authority has not complied with a requirement under this Act, of the holder; and
- (b) no other provision of this Act allows someone other than the holder to ensure compliance with the requirement.
- (a) subsections (3) and (4) have been complied with; or
- (b) the holder has agreed to the Minister taking the action.
- (a) stating the requirement and the action the Minister proposes to take; and
- (b) inviting the holder to within a stated reasonable period make submissions to the Minister about the proposed action.