160Significant risk of a significant adverse impact—notification that there is a significant adverse impact

160 Significant risk of a significant adverse impact—notification that there is a significant adverse impact

(1) This regulation is made for the purposes of sections 27(1), 28(1), 29(1), 30(1) and 31(1) of the Act.

(2) If the Minister determines under regulation 157 that there is a significant risk of a significant adverse impact, the Minister must—

(a) notify, in writing, the person to whose operations the determination relates of the determination and its terms within 15 days after making the determination; and

(b) include in the notification the reasons for making the determination; and

(c) include in the notification an explanation of the person's responsibilities under the Act.

Each of sections 27(1), 28(1), 29(1), 30(1) and 31(1) of the Act refers to a different risk question. Broadly, a risk question is whether there is a significant risk that an operation that could be carried on under a particular licence described in the relevant section will have a significant adverse impact on other operations that are described in the section.

(3) The Minister must also—

(a) notify, in writing, each titleholder that would be affected by the significant risk of the determination and its terms within 15 days after making the determination; and

The titleholder will be—

(a) the holder of a greenhouse gas injection licence (see section 27 or 28 of the Act); or

(b) the holder of a petroleum exploration permit, petroleum retention lease or petroleum production licence (see section 29, 30 or 31 of the Act).

(4) A titleholder mentioned in subregulation (3)(a) may object to the determination.

(5) The titleholder must give the objection to the Minister within 60 days after the person is notified of the determination.

(6) The Minister must—

(a) notify each titleholder mentioned in subregulation (3)(a) within 10 days after the Minister receives the objection; and

(b) give each titleholder a notice setting out a proposed timetable for the consideration of the objection.

(7) The timetable is not binding on the Minister.

While the intention is that the Minister will act in accordance with the timetable, circumstances may require the timetable to be changed to ensure that the objection will be considered fairly.