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NATIONAL PARKS ACT 1975 - SECT 40A Leases etc. under the Offshore Petroleum and Greenhouse Gas Storage Act 2010 deemed to be subject to conditions

NATIONAL PARKS ACT 1975 - SECT 40A

Leases etc. under the Offshore Petroleum and Greenhouse Gas Storage Act 2010 deemed to be subject to conditions

Except as provided for under section 40B(2), a lease, licence, permit or other authority under the Offshore Petroleum and Greenhouse Gas Storage Act 2010 that is either wholly or partly over land in a marine national park or a marine sanctuary is deemed to be subject to the conditions that—

S. 40A(a) amended by No. 10/2010 s. 800(Sch. 6 item 9.2(b)).

        (a)     exploration for petroleum or greenhouse gas storage must not be carried out under the lease, licence, permit or other authority in the park or sanctuary unless—

              (i)     it is done from a vessel or aircraft and is carried out in a manner that does not detrimentally affect the seabed of the park or any flora or fauna of the park; and

              (ii)     before the exploration is carried out, the Minister consents to the carrying out of the exploration, subject to any terms and conditions that the Minister thinks fit to impose; and

              (iii)     the exploration is carried out in accordance with any terms and conditions that the Minister has imposed on his or her consent; and

S. 40A(b) amended by No. 10/2010 s. 800(Sch. 6 item 9.2(c)).

        (b)     any other operations that are authorised by the lease, licence, permit or other authority are not carried out in the park or sanctuary.

S. 40B inserted by No. 40/2002 s. 12.