Greenhouse Gas Storage Act 2009
sec.442Land in a GHG authority’s area taken before the commencement
Start here
Get a plain-English read of sec.442
Turn the raw legal text into a practical explanation grounded in Greenhouse Gas Storage Act 2009.
sec.442 Land in a GHG authority’s area taken before the commencement
This section applies if— land in a GHG authority’s area was taken under a resumption law before the commencement; and at the commencement, the entity taking the land has not taken action indicating the GHG authority was extinguished (wholly or partly) when the land was taken. serving a copy of the resumption notice for the taking of the land on the GHG authority holder (in the holder’s capacity as the holder of the authority) entering into a resumption agreement under the ALA with the GHG authority holder for the taking of the land negotiating, or taking other action relating to, the compensation payable to the GHG authority holder for the taking of the land paying compensation to the GHG authority holder for the taking of the land arranging for the taking of the land to be recorded in the GHG register against the GHG authority The taking of the land did not extinguish (wholly or partly) the GHG authority or any other GHG interest relating to the authority. Subsection (2) does not affect the ending of a GHG interest (wholly or partly) in any other way, including, for example— by the entity taking the land acquiring the GHG interest (wholly or partly) under a separate commercial agreement or other arrangement with the holder of the interest; or by the GHG interest holder surrendering the interest (wholly or partly) under this Act. s 442 ins 2012 No. 20 s 43 amd 2013 No. 23 s 352 sch 1 pt 1 (sec.442-ssec.1) This section applies if— land in a GHG authority’s area was taken under a resumption law before the commencement; and at the commencement, the entity taking the land has not taken action indicating the GHG authority was extinguished (wholly or partly) when the land was taken. serving a copy of the resumption notice for the taking of the land on the GHG authority holder (in the holder’s capacity as the holder of the authority) entering into a resumption agreement under the ALA with the GHG authority holder for the taking of the land negotiating, or taking other action relating to, the compensation payable to the GHG authority holder for the taking of the land paying compensation to the GHG authority holder for the taking of the land arranging for the taking of the land to be recorded in the GHG register against the GHG authority (sec.442-ssec.2) The taking of the land did not extinguish (wholly or partly) the GHG authority or any other GHG interest relating to the authority. (sec.442-ssec.3) Subsection (2) does not affect the ending of a GHG interest (wholly or partly) in any other way, including, for example— by the entity taking the land acquiring the GHG interest (wholly or partly) under a separate commercial agreement or other arrangement with the holder of the interest; or by the GHG interest holder surrendering the interest (wholly or partly) under this Act.
- (a) land in a GHG authority’s area was taken under a resumption law before the commencement; and