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PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 392BD Resolving disputes

PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 392BD

Resolving disputes

392BD Resolving disputes

(1) This section applies if, under section 392BB , a geothermal lease or GHG lease holder has objected to the carrying out of an authorised activity by a petroleum authority holder.
(2) This section also applies if there is a dispute between a petroleum authority holder and a geothermal permit or GHG authority holder about whether an authorised activity for the petroleum authority can be carried out under section 392BC .
(3) Either of the parties may, by a notice in the approved form, ask the Minister to decide—
(a) for section 392BB —whether the authorised activity may be carried out under that section; or
(b) for section 392BC —whether the authorised activity may be carried out under that section.
(4) Before making the decision, the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period.
(5) The Minister must, after complying with subsection (4) and considering any submission made under that subsection, decide the matter and give the parties notice of the decision.
(6) The Minister’s decision binds the parties.
(7) If the request is about a matter mentioned in subsection (1) , the Minister may impose conditions on any decision that the authorised activity may be carried out.
(8) In this section—


"parties" means—
(a) for a request about a matter mentioned in subsection (1) —the petroleum authority holder and the geothermal lease or GHG lease holder; or
(b) for a request about a matter mentioned in subsection (2) —the petroleum authority holder and the geothermal permit or GHG authority holder.