76DDecision‑making

76D Decision‑making

Scope (1) This section applies to decisions to be made by a Cross‑boundary Authority for a State or the Northern Territory on matters that are within the Cross‑boundary Authority’s functions or powers. Decision‑making (2) The Cross‑boundary Authority must not make: (a) a decision under section 291A to specify a condition in an original cross‑boundary greenhouse gas assessment permit; or (b) a decision to give an offer document under section 307B; or (c) a decision to give an offer document under subsection 311B(3); or (d) a decision under section 320A to specify a condition in an original cross‑boundary greenhouse gas holding lease; or (e) a decision to give an offer document under subsection 350B(3); or (f) a decision under section 358A to specify a condition in a cross‑boundary greenhouse gas injection licence; or (g) a decision under subsection 439B(2) to extend the term of a cross‑boundary greenhouse gas assessment permit or cross‑boundary greenhouse gas holding lease; or (h) a decision under paragraph 439C(2)(b) to allow a longer period; unless: (i) the responsible Commonwealth Minister; and (j) the responsible State Minister or the responsible Northern Territory Minister, as the case may be; agree about the decision. (3) If: (a) the responsible Commonwealth Minister; and (b) the responsible State Minister or the responsible Northern Territory Minister, as the case may be; disagree about a decision (other than a decision covered by subsection (2)), the responsible Commonwealth Minister may decide the matter, and the responsible Commonwealth Minister’s decision has effect as the Cross‑boundary Authority’s decision. (4) If: (a) the responsible Commonwealth Minister gives: (i) in the case of a State—the responsible State Minister; or (ii) in the case of the Northern Territory—the responsible Northern Territory Minister; written notice of a decision (other than a decision covered by subsection (2)) that the responsible Commonwealth Minister thinks should be made on a matter; and (b) 30 days pass after the notice is given, and: (i) in the case of a State—the responsible State Minister has not told the responsible Commonwealth Minister what decision the responsible State Minister thinks should be made; or (ii) in the case of the Northern Territory—the responsible Northern Territory Minister has not told the responsible Commonwealth Minister what decision the responsible Northern Territory Minister thinks should be made; the responsible Commonwealth Minister may decide the matter, and the responsible Commonwealth Minister’s decision has effect as the Cross‑boundary Authority’s decision.