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Offshore Petroleum and Greenhouse Gas Storage Act 2006
76DDecision‑making
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#### 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.