Subdiv 1Hydrogen generation licence

Subdivision 1—Hydrogen generation licence 14—Hydrogen generation licence (1) A hydrogen generation licence, subject to the conditions of the licence, authorises the licensee— (a) to construct, install, operate, maintain and decommission a hydrogen generation facility within the licence area (which must not exceed 5 km² in area); and (b) to generate hydrogen for a commercial purpose; and (c) to undertake other regulated activities of a prescribed kind within the licence area as specified in the licence. (2) The Minister must, before granting a hydrogen generation licence, be satisfied— (a) that the applicant for the licence has, or will acquire, a right or interest in respect of land comprising the proposed licence area sufficient to undertake the proposed operations; and (b) to the extent that the proposed licence area comprises native title land— (i) to the extent that the native title land is the subject of a native title declaration or is within the area of a claim that is registered in a native title register—that a native title agreement is in place that authorises the grant of the licence; and (ii) of the matters specified in any guidelines issued by the Minister for the purposes of this paragraph. If there is an indigenous land use agreement registered under the Native Title Act 1993 of the Commonwealth authorising the grant of a right or interest in respect of land sufficient to undertake the proposed operations, that agreement may also authorise the grant of the licence. 15—Term and renewal of licence (1) A hydrogen generation licence may be granted for a term determined by the Minister and notified to the licensee. (2) The holder of a hydrogen generation licence may, before the date of expiry of the licence (or at a time after the expiry of the licence as allowed by the Minister), apply to the Minister for the renewal of the licence for a further term as may be determined by the Minister and specified in the licence. (3) An application for the renewal of a hydrogen generation licence— (4) The Minister must not renew a hydrogen generation licence unless the Minister is satisfied that the applicant for the renewal has met the criteria prescribed by the regulations for the purposes of this subsection. (5) If an application for the renewal of a hydrogen generation licence is not decided before the date on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal dates from the date on which the licence would, but for this subsection, have expired. (6) If the Minister decides to grant a renewal, the hydrogen generation licence will be renewed for a term determined by the Minister and specified in the licence. 16—Minister may grant certain licences under Petroleum and Geothermal Energy Act 2000 (1) An applicant for, or the holder of, a hydrogen generation licence may, by written notice to the Minister, request that the Minister— (a) determine an application for a designated licence; and (b) determine a related matter. (2) A request under subsection (1) may only be made if the proposed designated licence is associated with authorised operations undertaken, or proposed to be undertaken, under a hydrogen generation licence. (3) The Minister must, before granting a request under subsection (1), notify the relevant Minister of the Minister's intention to grant the request. (4) If the Minister grants a request under subsection (1), the Minister may grant a designated licence, or determine a related matter, in accordance with the relevant designated provision. (5) For the purposes of granting a designated licence or determining a related matter— (a) a reference to the relevant Minister in a designated provision will be taken to be a reference to the Minister; and (b) a relevant Minister must not exercise a power under a designated provision that is exercised by the Minister pursuant to this section. (6) To avoid doubt, subsection (5) does not apply to any provision of the Petroleum and Geothermal Energy Act 2000 that is not referred to in that subsection. (7) In this section— designated licence means either of the following licences under the Petroleum and Geothermal Energy Act 2000: (a) a gas storage licence; (b) a pipeline licence; designated provision means— (a) in the case of granting a gas storage licence—Part 6 of the Petroleum and Geothermal Energy Act 2000; and (b) in the case of granting a pipeline licence—Part 8 of the Petroleum and Geothermal Energy Act 2000; and (c) in the case of determining a related matter—any other provision of the Petroleum and Geothermal Energy Act 2000 prescribed by the regulations for the purposes of this definition that allows for the determination of a related matter; related matter means— (a) the variation, revocation or renewal of a designated licence granted by the Minister; or (b) any other matter prescribed by the regulations for the purposes of this definition that is related to a designated licence granted by the Minister; relevant Minister means the Minister responsible for the administration of the Petroleum and Geothermal Energy Act 2000.