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Petroleum and Gas (Production and Safety) Act 2004
sec.468Criteria for decision
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### sec.468 Criteria for decision
The Minister may grant the part 5 permission only if satisfied of each of the following—
the applicant has given each owner of the land a consultation notice and the applicant has shown that each owner of the land has received the notice;
either—
the consultation period has ended and the Minister is reasonably satisfied the applicant has made reasonable attempts to consult with each owner of the land; or
before the end of the consultation period each owner of the land has—
agreed to the grant of the part 5 permission; or
given the applicant permission to enter the land;
the applicant has decided the site of the pipeline or facility;
it is reasonable to site the pipeline or petroleum facility on the land;
the land the subject of the part 5 permission is the minimum area needed for the permission;
the granting of the part 5 permission is in the public interest.
In deciding the application any submissions lodged by an owner of the land during the consultation period must be considered.
(sec.468-ssec.1) The Minister may grant the part 5 permission only if satisfied of each of the following— the applicant has given each owner of the land a consultation notice and the applicant has shown that each owner of the land has received the notice; either— the consultation period has ended and the Minister is reasonably satisfied the applicant has made reasonable attempts to consult with each owner of the land; or before the end of the consultation period each owner of the land has— agreed to the grant of the part 5 permission; or given the applicant permission to enter the land; the applicant has decided the site of the pipeline or facility; it is reasonable to site the pipeline or petroleum facility on the land; the land the subject of the part 5 permission is the minimum area needed for the permission; the granting of the part 5 permission is in the public interest.
(sec.468-ssec.2) In deciding the application any submissions lodged by an owner of the land during the consultation period must be considered.
- (a) the applicant has given each owner of the land a consultation notice and the applicant has shown that each owner of the land has received the notice;
- (b) either— (i) the consultation period has ended and the Minister is reasonably satisfied the applicant has made reasonable attempts to consult with each owner of the land; or (ii) before the end of the consultation period each owner of the land has— (A) agreed to the grant of the part 5 permission; or (B) given the applicant permission to enter the land;
- (i) the consultation period has ended and the Minister is reasonably satisfied the applicant has made reasonable attempts to consult with each owner of the land; or
- (ii) before the end of the consultation period each owner of the land has— (A) agreed to the grant of the part 5 permission; or (B) given the applicant permission to enter the land;
- (A) agreed to the grant of the part 5 permission; or
- (B) given the applicant permission to enter the land;
- (c) the applicant has decided the site of the pipeline or facility;
- (d) it is reasonable to site the pipeline or petroleum facility on the land;
- (e) the land the subject of the part 5 permission is the minimum area needed for the permission;
- (f) the granting of the part 5 permission is in the public interest.
- (i) the consultation period has ended and the Minister is reasonably satisfied the applicant has made reasonable attempts to consult with each owner of the land; or
- (ii) before the end of the consultation period each owner of the land has— (A) agreed to the grant of the part 5 permission; or (B) given the applicant permission to enter the land;
- (A) agreed to the grant of the part 5 permission; or
- (B) given the applicant permission to enter the land;
- (A) agreed to the grant of the part 5 permission; or
- (B) given the applicant permission to enter the land;