149   Refusal to grant petroleum retention lease

             (1)  This section applies if an application for a petroleum retention lease has been made under section 147.

             (2)  If the Joint Authority is not satisfied as to the matters referred to in paragraph 148(b) in relation to the unused area, the Joint Authority must, by written notice given to the applicant, refuse to grant a petroleum retention lease to the applicant.

Note:          Consultation procedures apply—see section 262.

             (3)  If the Joint Authority is not satisfied as to the matter in paragraph 148(c), the Joint Authority must, by written notice given to the applicant, refuse to grant a petroleum retention lease to the applicant.

Note:          Consultation procedures apply—see section 262.

             (4)  If the Joint Authority is not satisfied of the matters (if any) prescribed by the regulations for the purposes of paragraph 148(d), the Joint Authority may, by written notice given to the applicant, refuse to grant a petroleum retention lease to the applicant.

Note:          Consultation procedures apply—see section 262.

24  Subsection 153(4)

Repeal the subsection, substitute:

             (4)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (4A)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the expiry date of the lease.

          (4B)  For the purposes of subsection (4A), disregard the effect of subsection (5).

Note 1:       Part 2.10 contains additional provisions about application procedures.

Note 2:       Section 256 requires the application to be accompanied by an application fee.

Note 3:       Section 258 enables the Titles Administrator to require the applicant to give further information.

25  After paragraph 154(2)(b)

Insert:

             ; and (c)  the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the lease; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and

                     (d)  the Joint Authority is satisfied of the matters (if any) prescribed by the regulations;

26  At the end of section 154

Add:

             (4)  Without limiting paragraph (3)(b), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the lease, the Joint Authority must have regard to:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the lease; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and

                     (b)  any other matters prescribed by the regulations.

27  After subsection 155(4)

Insert:

Refusal on other grounds

          (4A)  The Joint Authority must, by written notice given to the applicant, refuse to renew the lease if the Joint Authority is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                     (a)  carry out the operations and works that will be authorised by the lease; and

                     (b)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease.

Note:          Consultation procedures apply—see section 262.

          (4B)  The Joint Authority may, by written notice given to the applicant, refuse to renew the lease if the Joint Authority is not satisfied of the matters (if any) prescribed by the regulations.

Note:          Consultation procedures apply—see section 262.

28  After subsection 168(5)

Insert:

          (5A)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).

29  Subsection 168(6)

Repeal the subsection, substitute:

             (6)  An application or a variation of an application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (6A)  If the approved form requires the application or variation to be accompanied by information or documents, an application or variation under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator:

                     (a)  for an application—before the end of the application period; or

                     (b)  for a variation—within 10 days after the variation is made.

30  Subsection 170(3)

Repeal the subsection, substitute:

             (3)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (3A)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the 10-day period that began on the day after the application was made.

31  After paragraph 171(1)(b)

Insert:

                   (ba)  the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and

32  After paragraph 171(1)(e)

Insert:

             ; and (f)  the Joint Authority is satisfied of the matters (if any) prescribed by the regulations;

33  After subsection 173(4)

Insert:

Technical advice and financial resources

          (4A)  If the Joint Authority is not satisfied as to the matter in paragraph 171(1)(ba), the Joint Authority must, by written notice given to the applicant, refuse to grant a petroleum production licence to the applicant.

34  After subsection 173(7)

Insert:

Other prescribed matters

          (7A)  If the Joint Authority is not satisfied of the matters (if any) prescribed by the regulations for the purposes of paragraph 171(1)(f), the Joint Authority may, by written notice given to the applicant, refuse to grant a petroleum production licence to the applicant.

35  Subsection 178(3)

Repeal the subsection (not including the heading), substitute:

             (3)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  specify the amount that the applicant would be prepared to pay for the grant of the licence; and

                     (c)  be accompanied by any information or documents required by the form.

          (3A)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Joint Authority before the end of the period specified in the notice published under subsection (1).

Note 1:       Part 2.10 contains additional provisions about application procedures.

Note 2:       Section 256 requires the application to be accompanied by an application fee.

Note 3:       Section 258 enables the Titles Administrator to require the applicant to give further information.

36  After subsection 178(4)

Insert:

          (4A)  An application under this section is taken to be accompanied by a deposit of 10% of the amount that the applicant has specified under paragraph (3)(b) if the deposit is received by the Titles Administrator, on behalf of the Commonwealth, before the end of the period specified in the notice published under subsection (1).

37  At the end of section 179

Add:

             (3)  In deciding whether to give the applicant an offer document, the Joint Authority:

                     (a)  must have regard to the matters specified in subsection (4); and

                     (b)  may have regard to any other matters the Joint Authority considers relevant.

             (4)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence;

                     (b)  the matters specified in section 695YB as they apply to the applicant;

                     (c)  if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;

                     (d)  any other matters prescribed by the regulations.

38  After subsection 180(2)

Insert:

          (2A)  In deciding whether to reject an application, the Joint Authority:

                     (a)  must have regard to the matters specified in subsection (2B); and

                     (b)  may have regard to any other matters the Joint Authority considers relevant.

          (2B)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence;

                     (b)  the matters specified in section 695YB as they apply to the applicant;

                     (c)  if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;

                     (d)  any other matters prescribed by the regulations.

39  Subsection 184(5)

Repeal the subsection, substitute:

             (5)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (5A)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the expiry date of the licence.

          (5B)  For the purposes of subsection (5A), disregard the effect of subsection (6).

Note 1:       Part 2.10 contains additional provisions about application procedures.

Note 2:       Section 256 requires the application to be accompanied by an application fee.

40  After paragraphs 185(2)(b) and (3)(b)

Insert:

                     (c)  the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and

                     (d)  the Joint Authority is satisfied of the matters (if any) prescribed by the regulations;

41  At the end of section 185 (before the note)

Add:

             (5)  Without limiting paragraph (4)(b), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the licence, the Joint Authority must have regard to:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and

                     (b)  any other matters prescribed by the regulations.

42  At the end of section 186

Add:

Refusal on other grounds

             (4)  The Joint Authority must, by written notice given to the applicant, refuse to renew the licence if the Joint Authority is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                     (a)  carry out the operations and works that will be authorised by the licence; and

                     (b)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence.

Note:          Consultation procedures apply—see section 262.

             (5)  The Joint Authority may, by written notice given to the applicant, refuse to renew the licence if the Joint Authority is not satisfied of the matters (if any) prescribed by the regulations.

Note:          Consultation procedures apply—see section 262.

43  Subsection 198(2)

Repeal the subsection, substitute:

             (2)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  describe the place (which must be in an offshore area) at which the proposed infrastructure facilities will be constructed and operated; and

                     (c)  be accompanied by any information or documents required by the form.

             (3)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the 10-day period that began on the day after the application was made.

Note 1:       Part 2.10 contains additional provisions about application procedures.

Note 2:       Section 256 requires the application to be accompanied by an application fee.

Note 3:       Section 258 enables the Titles Administrator to require the applicant to give further information.

44  Section 199

Before “If”, insert “(1)”.

45  At the end of section 199

Add:

             (2)  In deciding whether to give the applicant an offer document, the Joint Authority:

                     (a)  must have regard to the matters specified in subsection (3); and

                     (b)  may have regard to any other matters the Joint Authority considers relevant.

             (3)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence;

                     (b)  the matters specified in section 695YB as they apply to the applicant;

                     (c)  if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;

                     (d)  any other matters prescribed by the regulations.

46  Subsection 204(2)

Repeal the subsection, substitute:

             (2)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

             (3)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the 10-day period that began on the day after the application was made.

Note 1:       Part 2.10 contains additional provisions about application procedures.

Note 2:       Section 256 requires the application to be accompanied by an application fee.

Note 3:       Section 258 enables the Titles Administrator to require the applicant to give further information.

47  After subsection 205(1)

Insert:

          (1A)  In deciding whether to vary the licence, the Joint Authority:

                     (a)  must have regard to the matters specified in subsection (1B); and

                     (b)  may have regard to any other matters the Joint Authority considers relevant.

          (1B)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence as varied; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence as varied;

                     (b)  any other matters prescribed by the regulations.

48  Subsections 217(2) and (3)

Repeal the subsections, substitute:

             (2)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

             (3)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the 10-day period that began on the day after the application was made.

Note 1:       Part 2.10 contains additional provisions about application procedures.

Note 2:       Section 256 requires the application to be accompanied by an application fee.

Note 3:       Section 258 enables the Titles Administrator to require the applicant to give further information.

Note 4:       If a pipeline licensee wants to alter the pipeline, the licensee will need to apply under section 226 for the variation of the licence.

49  After subsection 221(2)

Insert:

          (2A)  In deciding whether to give the applicant an offer document under subsection (2), the Joint Authority:

                     (a)  must have regard to the matters specified in subsection (2B); and

                     (b)  may have regard to any other matters the Joint Authority considers relevant.

          (2B)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence;

                     (b)  the matters specified in section 695YB as they apply to the applicant;

                     (c)  if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;

                     (d)  any other matters prescribed by the regulations.

50  After paragraph 221(3)(c)

Insert:

            ; and (d)  the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and

                     (e)  the Joint Authority is satisfied of the matters (if any) prescribed by the regulations;

51  After subsection 221(4)

Insert:

          (4A)  Without limiting paragraph (4)(d), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the licence, the Joint Authority must have regard to:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and

                     (b)  any other matters prescribed by the regulations.

52  After subsection 221(5)

Insert:

          (5A)  In deciding whether to give the applicant an offer document under subsection (5), the Joint Authority:

                     (a)  must have regard to the matters specified in subsection (5B); and

                     (b)  may have regard to any other matters the Joint Authority considers relevant.

          (5B)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence;

                     (b)  the matters specified in section 695YB as they apply to the applicant;

                     (c)  if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;

                     (d)  any other matters prescribed by the regulations.

53  Subsection 221(6)

Repeal the subsection (not including the heading or the notes), substitute:

             (6)  An offer document under this section must specify the route to be followed by the petroleum pipeline.

54  After subsection 222(2)

Insert:

          (2A)  In deciding whether to give the applicant an offer document under subsection (2), the Joint Authority:

                     (a)  must have regard to the matters specified in subsection (2B); and

                     (b)  may have regard to any other matters the Joint Authority considers relevant.

          (2B)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence;

                     (b)  the matters specified in section 695YB as they apply to the applicant;

                     (c)  if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;

                     (d)  any other matters prescribed by the regulations.

55  After paragraph 222(3)(d)

Insert:

             ; and (e)  the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and

                      (f)  the Joint Authority is satisfied of the matters (if any) prescribed by the regulations;

56  After subsection 222(4)

Insert:

          (4A)  Without limiting paragraph (4)(e), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the licence, the Joint Authority must have regard to:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and

                     (b)  any other matters prescribed by the regulations.

57  After subsection 222(5)

Insert:

          (5A)  In deciding whether to give the applicant an offer document under subsection (5), the Joint Authority:

                     (a)  must have regard to the matters specified in subsection (5B); and

                     (b)  may have regard to any other matters the Joint Authority considers relevant.

          (5B)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence;

                     (b)  the matters specified in section 695YB as they apply to the applicant;

                     (c)  if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;

                     (d)  any other matters prescribed by the regulations.

58  After paragraph 222(6)(d)

Insert:

             ; and (e)  the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and

                      (f)  the Joint Authority is satisfied of the matters (if any) prescribed by the regulations;

59  After subsection 222(7)

Insert:

          (7A)  Without limiting paragraph (7)(e), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the licence, the Joint Authority must have regard to:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and

                     (b)  any other matters prescribed by the regulations.

60  Subsection 222(8)

Repeal the subsection (not including the heading or the notes), substitute:

             (8)  An offer document under this section must specify the route to be followed by the greenhouse gas pipeline.

61  After subsection 223(2)

Insert:

          (2A)  If:

                     (a)  the application is for a pipeline licence in relation to the construction of a petroleum pipeline for the conveyance of petroleum recovered in a petroleum production licence area; and

                     (b)  the applicant is the petroleum production licensee; and

                     (c)  the Joint Authority is not satisfied of the matters (if any) prescribed by the regulations;

the Joint Authority may, by written notice given to the applicant, refuse to grant the pipeline licence.

Note:          Consultation procedures apply—see section 262.

62  At the end of section 223

Add:

             (4)  Without limiting subsection (3), in deciding whether to refuse to grant the pipeline licence, the Joint Authority must have regard to the matters (if any) prescribed by the regulations.

Refusal on other grounds

             (5)  The Joint Authority must, by written notice given to the applicant, refuse to grant the pipeline licence if the Joint Authority is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                     (a)  carry out the operations and works that will be authorised by the licence; and

                     (b)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence.

Note:          Consultation procedures apply—see section 262.

63  After subsection 224(2)

Insert:

          (2A)  If:

                     (a)  the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:

                              (i)  the conveyance of a greenhouse gas substance within a petroleum production licence area in that offshore area; or

                             (ii)  the conveyance of a greenhouse gas substance from a place outside a petroleum production licence area to a place in the petroleum production licence area; and

                     (b)  either:

                              (i)  if subparagraph (a)(i) applies—the greenhouse gas substance is a by-product of petroleum recovery operations carried on under the petroleum production licence; or

                             (ii)  if subparagraph (a)(ii) applies—the greenhouse gas substance is to be injected into the seabed or subsoil for the purpose of enhancing petroleum recovery operations carried on under the petroleum production licence; and

                     (c)  the applicant is the petroleum production licensee; and

                     (d)  the Joint Authority is not satisfied of the matters (if any) prescribed by the regulations;

the Joint Authority may, by written notice given to the applicant, refuse to grant the pipeline licence.

Note:          Consultation procedures apply—see section 262.

64  After subsection 224(4)

Insert:

          (4A)  If:

                     (a)  the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:

                              (i)  the conveyance of a greenhouse gas substance within a greenhouse gas injection licence area in that offshore area; or

                             (ii)  the conveyance of a greenhouse gas substance from a place outside a greenhouse gas injection area to a place in the greenhouse gas injection licence area; and

                     (b)  the greenhouse gas substance is to be injected into an identified greenhouse gas storage formation that is wholly situated in the greenhouse gas injection licence area; and

                     (c)  the applicant is the greenhouse gas injection licensee; and

                     (d)  the Joint Authority is not satisfied of the matters (if any) prescribed by the regulations;

the Joint Authority may, by written notice given to the applicant, refuse to grant the pipeline licence.

Note:          Consultation procedures apply—see section 262.

65  At the end of section 224

Add:

             (6)  Without limiting subsection (5), in deciding whether to refuse to grant the pipeline licence, the Joint Authority must have regard to the matters (if any) prescribed by the regulations.

Refusal on other grounds

             (7)  The Joint Authority must, by written notice given to the applicant, refuse to grant the pipeline licence if the Joint Authority is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                     (a)  carry out the operations and works that will be authorised by the licence; and

                     (b)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence.

Note:          Consultation procedures apply—see section 262.

66  Subsection 226(2)

Repeal the subsection, substitute:

             (2)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (2A)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the 10-day period that began on the day after the application was made.

Note 1:       Part 2.10 contains additional provisions about application procedures.

Note 2:       Section 256 requires the application to be accompanied by an application fee.

Note 3:       Section 258 enables the Titles Administrator to require the applicant to give further information.

67  Subsection 226(4)

Omit “After considering any submissions made to the Titles Administrator under subsection (3)”, substitute “Subject to subsection (4A)”.

68  After subsection 226(4)

Insert:

          (4A)  In deciding whether to vary the licence, the Joint Authority:

                     (a)  must have regard to any submissions made to the Titles Administrator under subsection (3); and

                     (b)  may have regard to:

                              (i)  the matters specified in subsection (4B); and

                             (ii)  any other matters the Joint Authority considers relevant.

          (4B)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence as varied; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence as varied;

                     (b)  any other matters prescribed by the regulations.

69  At the end of section 255

Add:

             (3)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (2).

70  After subsection 256(4)

Insert:

          (4A)  The application is taken to be accompanied by a fee if the fee is received before the end of the 10-day period that began on the day after the application was made.

71  After subsection 264(2)

Insert:

       (2AA)  In making a decision under subsection (2), the Joint Authority may have regard to:

                     (a)  whether the technical advice and financial resources available to the permittee, lessee or licensee are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and

                     (b)  any other matters prescribed by the regulations; and

                     (c)  any other matters the Joint Authority considers relevant.

72  Subsection 295(1) (table item 3, column headed “In this case…”)

Omit “or (g)”, substitute “, (g) or (i)”.

73  Subsection 295A(1) (table item 3, column headed “In this case…”)

Omit “or (i)”, substitute “, (i) or (ja)”.

74  Subsection 296(3)

Repeal the subsection (not including the heading), substitute:

             (3)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (3A)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the period specified in the notice published under subsection (1).

Note 1:       Part 3.8 contains additional provisions about application procedures.

Note 2:       Section 427 requires the application to be accompanied by an application fee.

Note 3:       Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.

75  After subsection 298(2)

Insert:

          (2A)  In deciding whether to give the applicant an offer document, the responsible Commonwealth Minister:

                     (a)  must have regard to the matters specified in subsection (2B); and

                     (b)  may have regard to any other matters the responsible Commonwealth Minister considers relevant.

          (2B)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the permit; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;

                     (b)  the matters specified in section 695YB as they apply to the applicant;

                     (c)  if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;

                     (d)  any other matters prescribed by the regulations.

76  Subsection 302A(3)

Repeal the subsection, substitute:

             (3)  An application under subsection (2) must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (3A)  If the approved form requires the application to be accompanied by information or documents, an application under subsection (2) is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before at least one of the existing work-bid greenhouse gas assessment permits expires.

          (3B)  For the purposes of subsection (3A), disregard the effect of subsection (4).

Note 1:       Part 3.8 contains additional provisions about application procedures.

Note 2:       Section 427 requires the application to be accompanied by an application fee.

77  Section 302B

Before “If”, insert “(1)”.

78  At the end of section 302B

Add:

             (2)  In deciding whether to grant the greenhouse gas assessment permit to the applicant, the responsible Commonwealth Minister:

                     (a)  must have regard to the matters specified in subsection (3); and

                     (b)  may have regard to any other matters the responsible Commonwealth Minister considers relevant.

             (3)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the permit; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;

                     (b)  any other matters prescribed by the regulations.

79  Paragraph 303(6)(a)

Repeal the paragraph, substitute:

                     (a)  be in the approved form; and

                    (aa)  be accompanied by any information or documents required by the form; and

80  After subsection 303(6) (before the notes)

Insert:

             (7)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the period specified in the notice published under subsection (1).

81  At the end of section 305

Add:

             (3)  In deciding whether to give the applicant an offer document, the responsible Commonwealth Minister:

                     (a)  must have regard to:

                              (i)  the matters specified in the notice under paragraph 303(3)(b); and

                             (ii)  the matters specified in subsection (4); and

                     (b)  may have regard to any other matters the responsible Commonwealth Minister considers relevant.

             (4)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the permit; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;

                     (b)  the matters specified in section 695YB as they apply to the applicant;

                     (c)  if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;

                     (d)  any other matters prescribed by the regulations.

82  After subsection 306(3)

Insert:

          (3A)  In deciding whether to give an offer document to the person referred to in column 3 of the table in subsection (3), the responsible Commonwealth Minister:

                     (a)  must have regard to:

                              (i)  the matters specified in the notice under paragraph 303(3)(b); and

                             (ii)  the matters specified in subsection (3B); and

                     (b)  may have regard to any other matters the responsible Commonwealth Minister considers relevant.

          (3B)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the person are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the permit; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;

                     (b)  the matters specified in section 695YB as they apply to the person;

                     (c)  if the person is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;

                     (d)  any other matters prescribed by the regulations.

83  Subsection 307A(3)

Repeal the subsection, substitute:

             (3)  An application under subsection (2) for a greenhouse gas assessment permit must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (3A)  If the approved form requires the application to be accompanied by information or documents, an application under subsection (2) is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the earlier of the following:

                     (a)  the expiry date of the existing greenhouse gas assessment permit;

                     (b)  the expiry date of the existing State/Territory greenhouse gas assessment title.

          (3B)  For the purposes of subsection (3A), disregard the effect of subsection (4).

Note 1:       Part 3.8 contains additional provisions about application procedures.

Note 2:       Section 427 requires the application to be accompanied by an application fee.

Note 3:       Section 429A enables the Titles Administrator to require the applicant to give further information.

84  At the end of section 307B

Add:

             (3)  In deciding whether to give the applicant an offer document, the Cross-boundary Authority:

                     (a)  must have regard to the matters specified in subsection (4); and

                     (b)  may have regard to any other matters the Cross-boundary Authority considers relevant.

             (4)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the permit; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;

                     (b)  any other matters prescribed by the regulations.

85  Subsection 308(5)

Repeal the subsection, substitute:

             (5)  An application to renew a greenhouse gas assessment permit must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (5A)  If the approved form requires the application to be accompanied by information or documents, an application to renew a greenhouse gas assessment permit is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the expiry date of the permit.

          (5B)  For the purposes of subsection (5A), disregard the effect of subsection (6).

Note 1:       Part 3.8 contains additional provisions about application procedures.

Note 2:       Section 427 requires the application to be accompanied by an application fee.

Note 3:       Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.

86  After paragraph 309(2)(b)

Insert:

               and (c)  the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the permit; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit; and

                     (d)  the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;

87  After subsection 309(3)

Insert:

          (3A)  Without limiting paragraph (3)(c), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the permit, the responsible Commonwealth Minister must have regard to:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the permit; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit; and

                     (b)  any other matters prescribed by the regulations.

88  After subsection 309(4)

Insert:

          (4A)  Without limiting paragraph (4)(c), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the permit, the responsible Commonwealth Minister must have regard to:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the permit; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit; and

                     (b)  any other matters prescribed by the regulations.

89  After subsection 310(3)

Insert:

          (3A)  The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the permit if the responsible Commonwealth Minister is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                     (a)  carry out the operations and works that will be authorised by the permit; and

                     (b)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit.

Note:          Consultation procedures apply—see section 434.

          (3B)  The responsible Commonwealth Minister may, by written notice given to the applicant, refuse to renew the permit if the responsible Commonwealth Minister is not satisfied of the matters (if any) prescribed by the regulations.

Note:          Consultation procedures apply—see section 434.

90  Subsection 311A(7)

Omit “Cross-boundary Authority”, substitute “Titles Administrator”.

91  Subsection 311A(8)

Repeal the subsection, substitute:

             (8)  An application to renew a cross-boundary greenhouse gas assessment permit must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (8A)  If the approved form requires the application to be accompanied by information or documents, an application to renew a cross-boundary greenhouse gas assessment permit is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the expiry date of the permit.

          (8B)  For the purposes of subsection (8A), disregard the effect of subsection (9).

Note 1:       Part 3.8 contains additional provisions about application procedures.

Note 2:       Section 427 requires the application to be accompanied by an application fee.

Note 3:       Section 429A enables the Titles Administrator to require the applicant to give further information.

92  Subsection 311B(2)

Repeal the subsection (not including the heading or the note), substitute:

             (2)  If:

                     (a)  each of the following has been complied with:

                              (i)  the conditions to which the cross-boundary greenhouse gas assessment permit is, or has from time to time been, subject;

                             (ii)  the provisions of this Chapter, Chapter 5, Chapter 6 and Part 8.1;

                            (iii)  the provisions of the regulations; and

                     (b)  the Cross-boundary Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the permit; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit; and

                     (c)  the Cross-boundary Authority is satisfied of the matters (if any) prescribed by the regulations;

the Cross-boundary Authority must give the applicant a written notice (called an offer document ) telling the applicant that the Cross-boundary Authority is prepared to renew the permit, so long as:

                     (d)  in a case where part of the permit area is in the coastal waters of a State—the State has consented to the giving of the offer document; or

                     (e)  in a case where part of the permit area is in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document.

93  After subsection 311B(3)

Insert:

          (3A)  Without limiting paragraph (3)(c), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the permit, the Cross-boundary Authority must have regard to:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the permit; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit; and

                     (b)  any other matters prescribed by the regulations.

94  After subsection 311C(2)

Insert:

          (2A)  The Cross-boundary Authority must, by written notice given to the applicant, refuse to renew the permit if the Cross-boundary Authority is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                     (a)  carry out the operations and works that will be authorised by the permit; and

                     (b)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit.

Note:          Consultation procedures apply—see section 434A.

          (2B)  The Cross-boundary Authority may, by written notice given to the applicant, refuse to renew the permit if the Cross-boundary Authority is not satisfied of the matters (if any) prescribed by the regulations.

Note:          Consultation procedures apply—see section 434A.

95  Subsection 312(8)

Omit “the approved”, substitute “an approved”.

96  After subsection 312(10)

Insert:

        (10A)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (8).

97  Subsection 312A(8)

Omit “the approved”, substitute “an approved”.

98  After subsection 312A(10)

Insert:

        (10A)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (8).

99  Subsection 323(1) (table item 3, column headed “In this case…”)

Omit “or (g)”, substitute “, (g) or (i)”.

100  Subsection 323A(1) (table item 3, column headed “In this case…”)

Omit “or (i)”, substitute “, (i) or (ja)”.

101  Subsection 324(7)

Repeal the subsection (not including the heading), substitute:

             (7)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (7A)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the application period.

Note 1:       Part 3.8 contains additional provisions about application procedures.

Note 2:       Section 427 requires the application to be accompanied by an application fee.

Note 3:       Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.

102  Subsection 324(11)

Omit “the approved”, substitute “an approved”.

103  At the end of section 324

Add:

           (15)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (11).

104  After paragraph 325(1)(b)

Insert:

               and (c)  the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the lease; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and

                     (d)  the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;

105  After paragraph 325(2)(b)

Insert:

               and (c)  the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the lease; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and

                     (d)  the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;

106  Paragraph 326(2)(a)

After “(1)(b)”, insert “or (1)(c)”.

107  Paragraph 326(2)(b)

After “(2)(b)”, insert “or (2)(c)”.

108  At the end of section 326

Add:

             (3)  If the responsible Commonwealth Minister is not satisfied as to:

                     (a)  in the case of an application made under subsection 324(2)—a matter (if any) prescribed by the regulations for the purposes of paragraph 325(1)(d); or

                     (b)  in the case of an application made under subsection 324(3), (4) or (5)—a matter (if any) prescribed by the regulations for the purposes of paragraph 325(2)(d);

the responsible Commonwealth Minister may, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.

109  Subsection 329A(7)

Repeal the subsection (not including the heading), substitute:

             (7)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (7A)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the application period.

Note 1:       Part 3.8 contains additional provisions about application procedures.

Note 2:       Section 427 requires the application to be accompanied by an application fee.

Note 3:       Section 429A enables the Titles Administrator to require the applicant to give further information.

110  Subsection 329A(11)

Omit “the approved”, substitute “an approved”.

111  At the end of section 329A

Add:

           (15)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (11).

112  After paragraph 329B(1)(b)

Insert:

           ; and (ba)  the Cross-boundary Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the lease; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and

                   (bb)  the Cross-boundary Authority is satisfied of the matters (if any) prescribed by the regulations;

113  After paragraph 329B(2)(b)

Insert:

           ; and (ba)  the Cross-boundary Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the lease; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and

                   (bb)  the Cross-boundary Authority is satisfied of the matters (if any) prescribed by the regulations;

114  Paragraph 329C(2)(a)

After “(1)(b)”, insert “or (1)(ba)”.

115  Paragraph 329C(2)(b)

After “(2)(b)”, insert “or (2)(ba)”.

116  At the end of section 329C

Add:

             (3)  If the Cross-boundary Authority is not satisfied as to:

                     (a)  in the case of an application made under subsection 329A(2)—a matter (if any) prescribed by the regulations for the purposes of paragraph 329B(1)(bb); or

                     (b)  in the case of an application made under subsection 329A(3), (4) or (5)—a matter (if any) prescribed by the regulations for the purposes of paragraph 329B(2)(bb);

the Cross-boundary Authority may, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.

117  Subsection 330(2)

Repeal the subsection, substitute:

             (2)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (2A)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the application period.

Note 1:       Part 3.8 contains additional provisions about application procedures.

Note 2:       Section 427 requires the application to be accompanied by an application fee.

Note 3:       Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.

118  Subsection 330(5)

Omit “the approved”, substitute “an approved”.

119  At the end of section 330

Add:

             (9)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (5).

120  After paragraph 331(b)

Insert:

               and (c)  the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the lease; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and

                     (d)  the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;

121  Section 332

Before “If”, insert “(1)”.

122  At the end of section 332

Add:

             (2)  If:

                     (a)  an application for a greenhouse gas holding lease has been made under section 330; and

                     (b)  the responsible Commonwealth Minister is not satisfied of the matter referred to in paragraph 331(c);

the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant

Note:          Consultation procedures apply—see section 434.

             (3)  If:

                     (a)  an application for a greenhouse gas holding lease has been made under section 330; and

                     (b)  the responsible Commonwealth Minister is not satisfied of the matters (if any) prescribed by the regulations for the purposes of paragraph 331(d);

the responsible Commonwealth Minister may, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.

Note:          Consultation procedures apply—see section 434.

123  Subsection 335A(2)

Repeal the subsection, substitute:

             (2)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (2A)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the application period.

Note 1:       Part 3.8 contains additional provisions about application procedures.

Note 2:       Section 427 requires the application to be accompanied by an application fee.

Note 3:       Section 429A enables the Titles Administrator to require the applicant to give further information.

124  Subsection 335A(5)

Omit “the approved”, substitute “an approved”.

125  At the end of section 335A

Add:

             (9)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (5).

126  After paragraph 335B(b)

Insert:

           ; and (ba)  the Cross-boundary Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the lease; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and

                   (bb)  the Cross-boundary Authority is satisfied of the matters (if any) prescribed by the regulations;

127  Section 335C

Before “If”, insert “(1)”.

128  At the end of section 335C

Add:

             (2)  If:

                     (a)  an application for a greenhouse gas holding lease has been made under section 335A; and

                     (b)  the Cross-boundary Authority is not satisfied as to the matter referred to in paragraph 335B(ba);

the Cross-boundary Authority must, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.

Note:          Consultation procedures apply—see section 434A.

             (3)  If:

                     (a)  an application for a greenhouse gas holding lease has been made under section 335A; and

                     (b)  the Cross-boundary Authority is not satisfied of the matters (if any) prescribed by the regulations for the purposes of paragraph 335B(bb);

the Cross-boundary Authority may, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.

Note:          Consultation procedures apply—see section 434A.

129  Paragraph 336(1)(d)

Omit “or (g)”, substitute “, (g) or (i)”.

130  Paragraph 336(1)(e)

Omit “or (g)”, substitute “, (g) or (i)”.

131  Subsection 336(2)

Repeal the subsection, substitute:

             (2)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (2A)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the application period.

Note 1:       Part 3.8 contains additional provisions about application procedures.

Note 2:       Section 427 requires the application to be accompanied by an application fee.

Note 3:       Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.

132  Subsection 336(5)

Omit “the approved”, substitute “an approved”.

133  At the end of section 336

Add:

             (9)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (5).

134  Section 337

Repeal the section, substitute:

337   Grant of special greenhouse gas holding lease—offer document

                   If:

                     (a)  an application for a special greenhouse gas holding lease has been made under section 336; and

                     (b)  the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the lease; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and

                     (c)  the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;

the responsible Commonwealth Minister must give the applicant a written notice (called an offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a special greenhouse gas holding lease over the block or blocks covered by the application.

Note 1:       Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).

Note 2:       If the applicant breaches a requirement under section 429 to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document—see subsection 429(3).

135  After section 337

Insert:

337A   Refusal to grant special greenhouse gas holding lease

             (1)  This section applies if an application for a special greenhouse gas holding lease has been made under section 336.

             (2)  If the responsible Commonwealth Minister is not satisfied as to the matter in paragraph 337(b), the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant a special greenhouse gas holding lease to the applicant.

             (3)  If the responsible Commonwealth Minister is not satisfied of the matters (if any) prescribed by the regulations for the purposes of paragraph 337(c), the responsible Commonwealth Minister may, by written notice given to the applicant, refuse to grant a special greenhouse gas holding lease to the applicant.

136  Paragraph 342A(1)(e)

Omit “or (i)”, substitute “, (i) or (ja)”.

137  Paragraph 342A(1)(f)

Omit “or (i)”, substitute “, (i) or (ja)”.

138  Subsection 342A(2)

Repeal the subsection, substitute:

             (2)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (2A)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the application period.

Note 1:       Part 3.8 contains additional provisions about application procedures.

Note 2:       Section 427 requires the application to be accompanied by an application fee.

Note 3:       Section 429A enables the Titles Administrator to require the applicant to give further information.

139  Subsection 342A(5)

Omit “the approved”, substitute “an approved”.

140  At the end of section 342A

Add:

             (9)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (5).

141  Paragraph 342B(2)(a)

Omit “or”, substitute “and”.

142  At the end of subsection 342B(2) (before the notes)

Add:

             ; and (c)  the Cross-boundary Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the lease; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and

                     (d)  the Cross-boundary Authority is satisfied of the matters (if any) prescribed by the regulations.

143  After section 342B

Insert:

342BA   Refusal to grant special cross-boundary greenhouse gas holding lease

             (1)  This section applies if an application for a special cross-boundary greenhouse gas holding lease has been made under section 342A.

             (2)  If the Cross-boundary Authority is not satisfied as to the matter in paragraph 342B(2)(c), the Cross-boundary Authority must, by written notice given to the applicant, refuse to grant a special cross-boundary greenhouse gas holding lease to the applicant.

             (3)  If the Cross-boundary Authority is not satisfied of the matters (if any) prescribed by the regulations for the purposes of paragraph 342B(2)(d), the Cross-boundary Authority may, by written notice given to the applicant, refuse to grant a special cross-boundary greenhouse gas holding lease to the applicant.

144  Subsection 343(2)

Repeal the subsection (not including the heading), substitute:

             (2)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (2A)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the 10-day period that began on the day after the application was made.

Note 1:       Part 3.8 contains additional provisions about application procedures.

Note 2:       Section 427 requires the application to be accompanied by an application fee.

Note 3:       Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.

145  Subsection 343(4)

Omit “the approved”, substitute “an approved”.

146  At the end of section 343

Add:

             (8)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).

147  At the end of subsection 344(2) (before the notes)

Add “if:

                     (a)  the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the lease; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and

                     (b)  the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations.”

148  After section 344

Insert:

344A   Refusal to grant greenhouse gas holding lease

             (1)  If:

                     (a)  an application for a greenhouse gas holding lease has been made under section 343; and

                     (b)  the responsible Commonwealth Minister is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the lease; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease;

the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant the lease to the applicant.

             (2)  If:

                     (a)  an application for a greenhouse gas holding lease has been made under section 343; and

                     (b)  the responsible Commonwealth Minister is not satisfied of the matters (if any) prescribed by the regulations;

the responsible Commonwealth Minister may, by written notice given to the applicant, refuse to grant the lease to the applicant.

149  Subsection 347(5)

Repeal the subsection, substitute:

             (5)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (5A)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the expiry date of the lease.

          (5B)  For the purposes of subsection (5A), disregard the effect of subsection (6).

Note 1:       Part 3.8 contains additional provisions about application procedures.

Note 2:       Section 427 requires the application to be accompanied by an application fee.

Note 3:       Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.

150  After paragraph 348(2)(b)

Insert:

               and (c)  the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the lease; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and

                     (d)  the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;

151  At the end of section 348

Add:

             (4)  Without limiting paragraph (3)(b), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the lease, the responsible Commonwealth Minister must have regard to:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the lease; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and

                     (b)  any other matters prescribed by the regulations.

152  At the end of section 349

Add:

Refusal on other grounds

             (7)  The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the lease if the responsible Commonwealth Minister is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                     (a)  carry out the operations and works that will be authorised by the lease; and

                     (b)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease.

Note:          Consultation procedures apply—see section 434.

             (8)  The responsible Commonwealth Minister may, by written notice given to the applicant, refuse to renew the lease if the responsible Commonwealth Minister is not satisfied of the matters (if any) prescribed by the regulations.

Note:          Consultation procedures apply—see section 434.

153  Subsection 350A(6)

Repeal the subsection, substitute:

             (6)  An application to renew a cross-boundary greenhouse gas holding lease must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (6A)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the expiry date of the lease.

          (6B)  For the purposes of subsection (6A), disregard the effect of subsection (7).

Note 1:       Part 3.8 contains additional provisions about application procedures.

Note 2:       Section 427 requires the application to be accompanied by an application fee.

Note 3:       Section 429A enables the Titles Administrator to require the applicant to give further information.

154  After paragraph 350B(2)(b)

Insert:

             and (ba)  the Cross-boundary Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the lease; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and

                   (bb)  the Cross-boundary Authority is satisfied of the matters (if any) prescribed by the regulations;

155  At the end of section 350B

Add:

             (4)  Without limiting paragraph (3)(b), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the lease, the Cross-boundary Authority must have regard to:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the lease; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and

                     (b)  the matters (if any) prescribed by the regulations.

156  At the end of section 350C

Add:

Refusal on other grounds

             (7)  The Cross-boundary Authority must, by written notice given to the applicant, refuse to renew the lease if the Cross-boundary Authority is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                     (a)  carry out the operations and works that will be authorised by the lease; and

                     (b)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease.

Note:          Consultation procedures apply—see section 434A.

             (8)  The Cross-boundary Authority may, by written notice given to the applicant, refuse to renew the lease if the Cross-boundary Authority is not satisfied of the matters (if any) prescribed by the regulations.

Note:          Consultation procedures apply—see section 434A.

157  Paragraph 353(1)(c)

Omit “or (g)”, substitute “, (g) or (i)”.

158  Paragraph 353A(1)(c)

Omit “or (i)”, substitute “, (i) or (ja)”.

159  Subsection 361(10)

Repeal the subsection, substitute:

           (10)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by a draft site plan for the identified greenhouse gas storage formation or draft site plans for each of the identified greenhouse gas storage formations; and

                     (c)  be accompanied by any other information or documents required by the form.

        (10A)  An application under this section is taken to be accompanied by the draft site plan or plans referred to in paragraph (10)(b) if the plan or plans are given to the responsible Commonwealth Minister before the end of the 10-day period that began on the day after the application was made.

        (10B)  If the approved form requires the application to be accompanied by any other information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the 10-day period that began on the day after the application was made.

Note 1:       Part 3.8 contains additional provisions about application procedures.

Note 2:       Section 427 requires the application to be accompanied by an application fee.

Note 3:       Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.

160  Subsection 361(12)

Omit “the approved”, substitute “an approved”.

161  At the end of section 361

Add:

           (16)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (12).

162  Paragraph 362(1)(g)

Repeal the paragraph, substitute:

                     (g)  the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and

163  After paragraph 362(1)(h)

Insert:

               and (i)  the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;

164  Paragraph 362(2)(g)

Repeal the paragraph, substitute:

                     (g)  the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and

165  After paragraph 362(2)(h)

Insert:

               and (i)  the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;

166  Subsection 368A(9)

Repeal the subsection, substitute:

             (9)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by a draft site plan for the identified greenhouse gas storage formation or draft site plans for each of the identified greenhouse gas storage formations; and

                     (c)  be accompanied by any other information or documents required by the form.

          (9A)  An application under this section is taken to be accompanied by the draft site plan or plans referred to in paragraph (9)(b) if the plan or plans are given to the Titles Administrator before the expiry date of the cross-boundary greenhouse gas assessment permit or a cross-boundary greenhouse gas holding lease (as the case may be).

          (9B)  If the approved form requires the application to be accompanied by any other information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the expiry date of the cross-boundary greenhouse gas assessment permit or a cross-boundary greenhouse gas holding lease (as the case may be).

Note 1:       Part 3.8 contains additional provisions about application procedures.

Note 2:       Section 427 requires the application to be accompanied by an application fee.

Note 3:       Section 429A enables the Titles Administrator to require the applicant to give further information.

167  Subsection 368A(11)

Omit “the approved”, substitute “an approved”.

168  At the end of section 368A

Add:

           (15)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (11).

169  Paragraph 368B(1)(i)

Repeal the paragraph, substitute:

                      (i)  the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and

170  After paragraph 368B(1)(j)

Insert:

              and (ja)  the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;

171  Paragraph 368B(2)(i)

Repeal the paragraph, substitute:

                      (i)  the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and

172  After paragraph 368B(2)(j)

Insert:

              and (ja)  the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;

173  Subsection 369(9)

Repeal the subsection, substitute:

             (9)  An application under this section must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by a draft site plan for the identified greenhouse gas storage formation or draft site plans for each of the identified greenhouse gas storage formations; and

                     (c)  be accompanied by any other information or documents required by the form.

          (9A)  An application under this section is taken to be accompanied by the draft site plan or plans referred to in paragraph (9)(b) if the plan or plans are given to the responsible Commonwealth Minister before the end of the 10-day period that began on the day after the application was made.

          (9B)  If the approved form requires the application to be accompanied by any other information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the 10-day period that began on the day after the application was made.

Note 1:       Part 3.8 contains additional provisions about application procedures.

Note 2:       Section 427 requires the application to be accompanied by an application fee.

Note 3:       Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.

174  Subsection 369(11)

Omit “the approved”, substitute “an approved”.

175  At the end of section 369

Add:

           (15)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (11).

176  Paragraph 370(h)

Repeal the paragraph, substitute:

                     (h)  the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and

177  After paragraph 370(i)

Insert:

               and (j)  the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;

178  Subsection 374(2)

Repeal the subsection, substitute:

             (2)  An application under subsection (1) must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (2A)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the 10-day period that began on the day after the application was made.

179  After subsection 374(3)

Insert:

          (3A)  In making a decision under subsection (3), the responsible Commonwealth Minister:

                     (a)  must have regard to the matters specified in subsection (3B); and

                     (b)  may have regard to any other matters the responsible Commonwealth Minister considers relevant.

          (3B)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence as varied; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence as varied;

                     (b)  any other matters prescribed by the regulations.

180  Subsection 374A(2)

Repeal the subsection, substitute:

             (2)  An application under subsection (1) must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by any information or documents required by the form.

          (2A)  If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the 10-day period that began on the day after the application was made.

181  After subsection 374A(3)

Insert:

          (3A)  In making a decision under subsection (3), the responsible Commonwealth Minister:

                     (a)  must have regard to the matters specified in subsection (3B); and

                     (b)  may have regard to any other matters the responsible Commonwealth Minister considers relevant.

          (3B)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the applicant are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the licence as varied; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence as varied;

                     (b)  any other matters prescribed by the regulations.

182  After subsection 386(2)

Insert:

          (2A)  An application under this section is taken to be accompanied by the report referred to in paragraph (2)(a) if that report is given to the responsible Commonwealth Minister:

                     (a)  if, as a result of the operation of this section, the application needs to be made within a particular period—before the end of that period; or

                     (b)  in any other case—before the end of the 10-day period that began on the day after the application was made.

          (2B)  An application under this section is taken to be accompanied by the report referred to in paragraph (2)(b) if that report is given to the responsible Commonwealth Minister:

                     (a)  if, as a result of the operation of this section, the application needs to be made within a particular period—before the end of that period; or

                     (b)  in any other case—before the end of the 10-day period that began on the day after the application was made.

          (2C)  An application under this section is taken to be accompanied by the suggestions referred to in paragraph (2)(c) if those suggestions are given to the responsible Commonwealth Minister:

                     (a)  if, as a result of the operation of this section, the application needs to be made within a particular period—before the end of that period; or

                     (b)  in any other case—before the end of the 10-day period that began on the day after the application was made.

          (2D)  If the regulations specify information for the purposes of paragraph (2)(d), an application under this section is taken to be accompanied by the information if the information is given to the responsible Commonwealth Minister:

                     (a)  if, as a result of the operation of this section, the application needs to be made within a particular period—before the end of that period; or

                     (b)  in any other case—before the end of the 10-day period that began on the day after the application was made.

183  Subsection 387(3)

Omit “the approved”, substitute “an approved”.

184  At the end of section 387

Add:

             (7)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (3).

185  At the end of section 426

Add:

             (3)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (2).

186  After subsection 427(4)

Insert:

          (4A)  The application is taken to be accompanied by a fee if the fee is received before the end of the 10-day period that began on the day after the application was made.

187  After subsection 436(2)

Insert:

          (2A)  In making a decision under subsection (2), the responsible Commonwealth Minister may have regard to:

                     (a)  whether the technical advice and financial resources available to the permittee, lessee or licensee are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and

                     (b)  any other matters prescribed by the regulations; and

                     (c)  any other matters the responsible Commonwealth Minister considers relevant.

188  After subsection 439A(3)

Insert:

          (3A)  In making a decision under subsection (3), the Cross-boundary Authority may have regard to:

                     (a)  whether the technical advice and financial resources available to the permittee, lessee or licensee are sufficient to:

                              (i)  carry out the operations and works that will be authorised by the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and

                     (b)  any other matters prescribed by the regulations; and

                     (c)  any other matters the Cross-boundary Authority considers relevant.

189  Subsection 473(2)

Repeal the subsection (including the note), substitute:

             (2)  An application must be made in an approved manner.

Note:          Section 516A requires the application to be accompanied by an application fee.

             (3)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (2).

190  Section 474

Repeal the section, substitute:

474   Documents to accompany application

             (1)  An application for approval of a transfer must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by an instrument of transfer, in the form approved in an instrument under subsection (4), executed by:

                              (i)  the registered holder or, if there are 2 or more registered holders, by each registered holder; and

                             (ii)  the transferee or, if there are 2 or more transferees, by each transferee; and

                     (c)  be accompanied by any other information or documents required by the form.

             (2)  An application for approval of a transfer is taken to be accompanied by the instrument of transfer referred to in paragraph (1)(b) if that instrument is given to the Titles Administrator before the end of the period applicable under subsection 476(1).

             (3)  If the approved form requires the application to be accompanied by any other information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the period applicable under subsection 476(1).

             (4)  The Titles Administrator may, by notifiable instrument, approve a form for the purposes of paragraph (1)(b).

191  After subsection 478(2)

Insert:

             (3)  Before deciding whether to approve a transfer of a title, the Titles Administrator may consult with one or more of the following:

                     (a)  the Joint Authority;

                     (b)  NOPSEMA;

                     (c)  the responsible Commonwealth Minister.

          (3A)  In deciding whether to approve a transfer of a title, the Titles Administrator:

                     (a)  must have regard to the matters specified in subsection (3B); and

                     (b)  may have regard to the matters raised in consultations (if any) under subsection (3); and

                     (c)  may have regard to any other matters the Titles Administrator considers relevant.

          (3B)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the transferee or transferees are sufficient to:

                              (i)  carry out the operations and works that are authorised by the title; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the title;

                     (b)  the matters specified in section 695YB as they apply to the transferee or transferees;

                     (c)  if the transferee or transferees is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;

                     (d)  any other matters prescribed by the regulations.

192  Subsection 479(2)

Repeal the subsection (not including the heading), substitute:

             (2)  The Titles Administrator must immediately endorse a memorandum of approval on the instrument of transfer.

193  Subsection 479(5)

Repeal the subsection, substitute:

             (5)  If the transfer is registered:

                     (a)  a copy of the instrument of transfer endorsed with the memorandum of approval must be:

                              (i)  retained by the Titles Administrator; and

                             (ii)  made available for inspection in accordance with this Chapter; and

                     (b)  if the instrument of transfer was provided in hard copy—the instrument of transfer endorsed with the memorandum of approval must be returned to the person who applied for approval of the transfer; and

                     (c)  if the instrument of transfer was provided electronically—a copy of the instrument of transfer endorsed with the memorandum of approval must be given to the person who applied for approval of the transfer.

194  Subsection 488(4)

Repeal the subsection, substitute:

Applications must be made in approved manner

             (4)  An application must be made in an approved manner.

Note:          Section 516A requires the application to be accompanied by an application fee.

             (5)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).

195  Subsection 489(1)

Repeal the subsection (not including the heading), substitute:

             (1)  An application for approval of a dealing must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by the instrument evidencing the dealing; and

                     (c)  be accompanied by any other information or documents required by the form.

          (1A)  An application for approval of a dealing is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument:

                     (a)  has already been lodged with the Titles Administrator for the purposes of another application; or

                     (b)  is given to the Titles Administrator before the end of the period applicable under subsection 491(1) or section 503 (as the case may be).

          (1B)  If the approved form requires the application to be accompanied by any other information or documents, an application for approval of a dealing is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the period applicable under subsection 491(1) or section 503 (as the case may be).

196  Subsection 489(2)

Omit “instrument setting out such details (if any) as are prescribed”, substitute “instrument in a form approved in an instrument under subsection (5)”.

197  After subsection 489(2)

Insert:

          (2A)  An application for approval of a dealing is taken to be accompanied by the instrument referred to in subsection (2) if that instrument is given to the Titles Administrator before the end of the period applicable under subsection 491(1) or section 503 (as the case may be).

198  Subsection 489(4A)

Repeal the subsection.

199  At the end of section 489

Add:

             (5)  The Titles Administrator may, by notifiable instrument, approve a form for the purposes of subsection (2).

200  After subsection 493(2)

Insert:

             (3)  In deciding whether to approve a dealing, the Titles Administrator:

                     (a)  must have regard to the matters (if any) prescribed by the regulations; and

                     (b)  may have regard to any other matters the Titles Administrator considers relevant.

201  Subsection 494(2)

Repeal the subsection (not including the heading), substitute:

             (2)  The Titles Administrator must immediately endorse a memorandum of approval on the instrument evidencing the dealing.

202  Subsections 495(2) and (3)

Repeal the subsections, substitute:

Application accompanied by supplementary instrument

             (2)  If the application for approval of the dealing was accompanied by a supplementary instrument:

                     (a)  a copy of the supplementary instrument, endorsed with a copy of the memorandum of approval, must be:

                              (i)  retained by the Titles Administrator; and

                             (ii)  made available for inspection in accordance with this Chapter; and

                     (b)  if the supplementary instrument was provided in hard copy—the supplementary instrument must be returned to the person who applied for approval; and

                     (c)  if the supplementary instrument was provided electronically—a copy of the supplementary instrument must be given to the person who applied for approval; and

                     (d)  a copy of the instrument evidencing the dealing must not be made available for inspection in accordance with this Chapter; and

                     (e)  if the instrument evidencing the dealing was provided in hard copy—the instrument evidencing the dealing, endorsed with a memorandum of approval, must be returned to the person who applied for approval; and

                      (f)  if the instrument evidencing the dealing was provided electronically—a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be given to the person who applied for approval.

Note:          For inspection, see section 515.

Application not accompanied by supplementary instrument

             (3)  If the application for approval of the dealing was not accompanied by a supplementary instrument:

                     (a)  a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be:

                              (i)  retained by the Titles Administrator; and

                             (ii)  made available for inspection in accordance with this Chapter; and

                     (b)  if the instrument evidencing the dealing was provided in hard copy—the instrument evidencing the dealing, endorsed with a memorandum of approval, must be returned to the person who applied for approval; and

                     (c)  if the instrument evidencing the dealing was provided electronically—a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be given to the person who applied for approval.

Note:          For inspection, see section 515.

203  Subsection 498(4)

Repeal the subsection, substitute:

Applications must be made in approved manner

             (4)  An application must be made in an approved manner.

Note:          Section 516A requires the application to be accompanied by an application fee.

             (5)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).

204  Subsection 499(1)

Repeal the subsection (not including the heading), substitute:

             (1)  A provisional application for approval of a dealing must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by the instrument evidencing the dealing; and

                     (c)  be accompanied by any other information or documents required by the form.

          (1A)  A provisional application for approval of a dealing is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument:

                     (a)  has already been lodged with the Titles Administrator for the purposes of another application; or

                     (b)  is given to the Titles Administrator before the end of the period applicable under section 501.

          (1B)  If the approved form requires the application to be accompanied by any other information or documents, a provisional application for approval of a dealing is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the period applicable under section 501.

205  Subsection 499(2)

Omit “instrument setting out such details (if any) as are prescribed”, substitute “instrument in a form approved in an instrument under subsection (5)”.

206  After subsection 499(2)

Insert:

          (2A)  A provisional application for approval of a dealing is taken to be accompanied by the instrument referred to in subsection (2) if that instrument is given to the Titles Administrator before the end of the period applicable under section 501.

207  Subsection 499(4A)

Repeal the subsection.

208  At the end of section 499

Add:

             (5)  The Titles Administrator may, by notifiable instrument, approve a form for the purposes of subsection (2).

209  After subsection 516A(3)

Insert:

          (3A)  An eligible application is taken to be accompanied by a fee if the fee is received before the end of the 10-day period that began on the day after the application was made.

210  Subsection 525(2)

Repeal the subsection (including the note), substitute:

             (2)  An application must be made in an approved manner.

Note:          Section 565A requires the application to be accompanied by an application fee.

             (3)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (2).

211  Section 526

Repeal the section, substitute:

526   Documents to accompany application

             (1)  An application for approval of a transfer must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by an instrument of transfer, in the form approved in an instrument under subsection (4), executed by:

                              (i)  the registered holder or, if there are 2 or more registered holders, by each registered holder; and

                             (ii)  the transferee or, if there are 2 or more transferees, by each transferee; and

                     (c)  be accompanied by any other information or documents required by the form.

             (2)  An application for approval of a transfer is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument is given to the Titles Administrator before the end of the period applicable under subsection 527(1).

             (3)  If the approved form requires the application to be accompanied by any other information or documents, an application for approval of a transfer is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the period applicable under subsection 527(1).

             (4)  The Titles Administrator may, by notifiable instrument, approve a form for the purposes of paragraph (1)(b).

212  After subsection 529(2)

Insert:

          (2A)  Before deciding whether to approve a transfer of a title, the Titles Administrator may consult with one or more of the following:

                     (a)  the Cross-boundary Authority;

                     (b)  NOPSEMA;

                     (c)  the responsible Commonwealth Minister.

          (2B)  In deciding whether to approve a transfer of a title, the Titles Administrator:

                     (a)  must have regard to the matters specified in subsection (2C); and

                     (b)  may have regard to the matters raised in consultations (if any) under subsection (2A); and

                     (c)  may have regard to any other matters the Titles Administrator considers relevant.

          (2C)  The matters are as follows:

                     (a)  whether the technical advice and financial resources available to the transferee or transferees are sufficient to:

                              (i)  carry out the operations and works that are authorised by the title; and

                             (ii)  discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the title;

                     (b)  the matters specified in section 695YB as they apply to the transferee or transferees;

                     (c)  if the transferee or transferees is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;

                     (d)  any other matters prescribed by the regulations.

213  Subsection 530(2)

Repeal the subsection (not including the heading), substitute:

             (2)  The Titles Administrator must immediately endorse a memorandum of approval on the instrument of transfer.

214  Subsection 530(5)

Repeal the subsection, substitute:

             (5)  If the transfer is registered:

                     (a)  a copy of the instrument of transfer endorsed with the memorandum of approval must be:

                              (i)  retained by the Titles Administrator; and

                             (ii)  made available for inspection in accordance with this Chapter; and

                     (b)  if the instrument of transfer was provided in hard copy—the instrument of transfer endorsed with the memorandum of approval must be returned to the person who applied for approval of the transfer; and

                     (c)  if the instrument of transfer was provided electronically—a copy of the instrument of transfer endorsed with the memorandum of approval must be given to the person who applied for approval of the transfer.

215  Subsection 539(4)

Repeal the subsection, substitute:

Applications must be made in approved manner

             (4)  An application must be made in an approved manner.

Note:          Section 565A requires the application to be accompanied by an application fee.

             (5)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).

216  Subsection 540(1)

Repeal the subsection (not including the heading), substitute:

             (1)  An application for approval of a dealing must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by the instrument evidencing the dealing; and

                     (c)  be accompanied by any other information or documents required by the form.

          (1A)  An application for approval of a dealing is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument:

                     (a)  has already been lodged with the Titles Administrator for the purposes of another application; or

                     (b)  is given to the Titles Administrator before the end of the period applicable under subsection 541(1) or section 552 (as the case may be).

          (1B)  If the approved form requires the application to be accompanied by any other information or documents, an application for approval of a dealing is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the period applicable under subsection 541(1) or section 552 (as the case may be).

217  Subsection 540(2)

Omit “instrument setting out such details (if any) as are prescribed”, substitute “instrument in a form approved in an instrument under subsection (4)”.

218  After subsection 540(2)

Insert:

          (2A)  An application for approval of a dealing is taken to be accompanied by the instrument referred to in subsection (2) if that instrument is given to the Titles Administrator before the end of the period applicable under subsection 541(1) or section 552 (as the case may be).

219  Subsection 540(4)

Repeal the subsection, substitute:

             (4)  The Titles Administrator may, by notifiable instrument, approve a form for the purposes of subsection (2).

220  After subsection 543(2)

Insert:

          (2A)  In deciding whether to approve a dealing, the Titles Administrator:

                     (a)  must have regard to the matters (if any) prescribed by the regulations; and

                     (b)  may have regard to any other matters the Titles Administrator considers relevant.

221  Subsection 544(2)

Repeal the subsection (not including the heading), substitute:

             (2)  The Titles Administrator must immediately endorse a memorandum of approval on the instrument evidencing the dealing.

222  Subsections 545(2) and (3)

Repeal the subsections, substitute:

Application accompanied by supplementary instrument

             (2)  If the application for approval of the dealing was accompanied by a supplementary instrument:

                     (a)  a copy of the supplementary instrument, endorsed with a copy of the memorandum of approval, must be:

                              (i)  retained by the Titles Administrator; and

                             (ii)  made available for inspection in accordance with this Chapter; and

                     (b)  if the supplementary instrument was provided in hard copy—the supplementary instrument must be returned to the person who applied for approval; and

                     (c)  if the supplementary instrument was provided electronically—a copy of the supplementary instrument must be given to the person who applied for approval; and

                     (d)  a copy of the instrument evidencing the dealing must not be made available for inspection in accordance with this Chapter; and

                     (e)  if the instrument evidencing the dealing was provided in hard copy—the instrument evidencing the dealing, endorsed with a memorandum of approval, must be returned to the person who applied for approval; and

                      (f)  if the instrument evidencing the dealing was provided electronically—a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be given to the person who applied for approval.

Note:          For inspection, see section 564.

Application not accompanied by supplementary instrument

             (3)  If the application for approval of the dealing was not accompanied by a supplementary instrument:

                     (a)  a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be:

                              (i)  retained by the Titles Administrator; and

                             (ii)  made available for inspection in accordance with this Chapter; and

                     (b)  if the instrument evidencing the dealing was provided in hard copy—the instrument evidencing the dealing, endorsed with a memorandum of approval, must be returned to the person who applied for approval; and

                     (c)  if the instrument evidencing the dealing was provided electronically—a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be given to the person who applied for approval.

Note:          For inspection, see section 564.

223  Subsection 548(4)

Repeal the subsection, substitute:

Applications must be made in approved manner

             (4)  A provisional application must be made in an approved manner.

Note:          Section 565A requires the application to be accompanied by an application fee.

             (5)  The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).

224  Subsection 549(1)

Repeal the subsection (not including the heading), substitute:

             (1)  A provisional application for approval of a dealing must:

                     (a)  be in the approved form; and

                     (b)  be accompanied by the instrument evidencing the dealing; and

                     (c)  be accompanied by any other information or documents required by the form.

          (1A)  A provisional application for approval of a dealing is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument:

                     (a)  has already been lodged with the Titles Administrator for the purposes of another application; or

                     (b)  is given to the Titles Administrator before the end of the period applicable under section 550.

          (1B)  If the approved form requires the application to be accompanied by any other information or documents, a provisional application for approval of a dealing is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the period applicable under section 550.

225  Subsection 549(2)

Omit “instrument setting out such details (if any) as are prescribed”, substitute “instrument in a form approved in an instrument under subsection (4)”.

226  After subsection 549(2)

Insert:

          (2A)  A provisional application for approval of a dealing is taken to be accompanied by the instrument referred to in subsection (2) if that instrument:

                     (a)  has already been lodged with the Titles Administrator for the purposes of another application; or

                     (b)  is given to the Titles Administrator before the end of the period applicable under section 550.

227  Subsection 549(4)

Repeal the subsection, substitute:

             (4)  The Titles Administrator may, by notifiable instrument, approve a form for the purposes of subsection (2).

228  After subsection 565A(3)

Insert:

          (3A)  An eligible application is taken to be accompanied by a fee if the fee is received before the end of the 10-day period that began on the day after the application was made.

229  Subsection 611B(2) (table item 2, column headed “is an authorised applicant in relation to the following civil penalty provisions in this Act (to the extent indicated) …”, after paragraph (j))

Insert:

(jaa) subsection 695YC(4);

230  Subsection 611B(2) (table item 3, column headed “is an authorised applicant in relation to the following civil penalty provisions in this Act (to the extent indicated) …”, before paragraph (h))

Insert:

(gh) subsection 695YC(4);

231  At the end of Chapter 6

Add: