39Approval and registration of variation

39 Approval and registration of variation (1) If an access agreement is varied, the party who proposed the variation must apply to the Minister for the approval and registration of the variation on the register. (2) The party must make the application within 28 days after the variation is made (including by order of the Tribunal under Division 8).

Petroleum Regulations 2020 26 (3) The application must: (b) be accompanied by a copy of the agreement between the parties that varies the approved access agreement that is verified in a manner acceptable to the Minister; and (4) A variation does not have effect until it is approved by the Minister. (5) The Minister is not required to approve a variation of an access agreement if the access agreement, as varied, would not be able to be approved by the Minister if it were an original access agreement under this Part. (5A) Subregulation (5) does not apply in relation to an agreement registered under regulation 69. (6) A variation that is made by order of the Tribunal does not require the approval of the Minister. (6A) The Minister must make a decision under subregulation (4) within 28 days after receiving the application for approval or within such longer period as the Minister may reasonably require. (6B) The Minister must give the parties notice of the Minister's decision on an application under this regulation within a reasonable period after the Minister has made the decision. (7) The Minister must take steps to have a variation registered within a reasonable time. (8) The Minister may register a variation in such manner as the Minister considers appropriate.

Division 8 Resolution of disputes and review of decisions by Tribunal Petroleum Regulations 2020 27 Division 8 Resolution of disputes and review of decisions by Tribunal 40 Applications to Tribunal – general (1) The following matters may be dealt with by the Tribunal: (a) an application to the Tribunal by a party to an approved access agreement to determine a dispute between the parties about the operation or effect of the agreement, including a dispute as to any amount payable under the agreement; (b) an application to the Tribunal by a party to an approved access agreement to address an alleged breach of the agreement; (c) an application to the Tribunal by a designated person for the payment of costs under this Part; (d) an application to the Tribunal by an interest holder as to whether any costs claimed by a designated person under this Part are reasonable costs or were necessarily incurred; (e) an application to the Tribunal by a party to an approved access agreement to vary the agreement after complying with the processes under Division 7. (2) The Tribunal may, on an application under this regulation, do one or more of the following: (a) make any determination as to the operation or effect of an approved access agreement; (b) order or direct a party to an approved access agreement to take such action as the Tribunal considers appropriate, or to refrain (temporarily or permanently) from any action or activity as the Tribunal considers appropriate, including an order to pay an amount that, according to a determination of the Tribunal, is payable under the agreement; (c) if the Tribunal finds that there has been a material breach of an approved access agreement and that in the circumstances the agreement should be brought to an end – determine that the agreement be terminated;