161Significant risk of a significant adverse impact—notification that there is no significant adverse impact

161 Significant risk of a significant adverse impact—notification that there is no 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 that there is not a significant risk, as described in the sections mentioned in regulation 158(1), 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

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 each titleholder that would be affected by the significant risk, in writing, 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 the person mentioned in subregulation (2)(a) within 10 days after the Minister receives the objection; and

(b) give the person 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.