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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Greenhouse Gas Storage Bill
2008
Queensland
Greenhouse Gas Storage Bill 2008
Contents
Page
Chapter 1 Preliminary
Part 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Part 2 Purposes and application of Act
3 Purposes of Act and their achievement . . . . . . . . . . . . . . . . . . . . 38
4 Facilitation of Act by Petroleum and Gas (Production and
Safety) Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
6 Application of Act to coastal waters of the State . . . . . . . . . . . . . 40
7 Relationship with Nature Conservation Act 1992 . . . . . . . . . . . . . 40
8 Relationship with Geothermal Act and principal mining and
petroleum Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
9 Act does not affect other rights or remedies. . . . . . . . . . . . . . . . . 41
10 Native title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Part 3 Interpretation
Division 1 Dictionary
11 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 2 Key definitions
12 What is a GHG stream . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
13 What is a GHG stream storage site . . . . . . . . . . . . . . . . . . . . . . . 42
14 What is GHG stream storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
15 What is GHG storage exploration. . . . . . . . . . . . . . . . . . . . . . . . . 43
16 What is GHG storage injection testing . . . . . . . . . . . . . . . . . . . . . 43
17 What is a GHG stream pipeline . . . . . . . . . . . . . . . . . . . . . . . . . . 43
18 Types of authority under Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
19 Who is an eligible person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
20 What are the conditions of a GHG authority. . . . . . . . . . . . . . . . . 44
Greenhouse Gas Storage Bill 2008
Contents
21 What are the provisions of a GHG authority. . . . . . . . . . . . . . . . . 45
22 What is an authorised activity for a GHG authority . . . . . . . . . . . 45
23 What is a GHG storage activity . . . . . . . . . . . . . . . . . . . . . . . . . . 46
24 What is a work program for a GHG permit . . . . . . . . . . . . . . . . . . 46
25 What is a development plan for a GHG lease . . . . . . . . . . . . . . . 46
26 Graticulation of earth's surface into blocks and sub-blocks . . . . . 46
Part 4 State ownership of GHG storage reservoirs
27 GHG storage reservoirs the property of the State . . . . . . . . . . . . 47
28 Reservation in land grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Chapter 2 GHG exploration permits
Part 1 Key authorised activities
29 Operation of pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
30 Principal authorised activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
31 Incidental activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Part 2 Obtaining GHG permits
Division 1 Preliminary
32 Operation of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Division 2 Competitive tenders
33 Call for tenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
34 Right to tender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
35 Requirements for making tender . . . . . . . . . . . . . . . . . . . . . . . . . 51
36 Requirements for verification statement . . . . . . . . . . . . . . . . . . . . 52
37 Right to terminate call for tenders . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 3 Deciding tenders
38 Process for deciding tenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
39 Provisions for preferred tenderers . . . . . . . . . . . . . . . . . . . . . . . . 53
40 Deciding whether to grant GHG permit . . . . . . . . . . . . . . . . . . . . 53
41 Provisions of GHG permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
42 Criteria for decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
43 Notice to unsuccessful tenderers . . . . . . . . . . . . . . . . . . . . . . . . . 55
Part 3 Area provisions
44 Area of GHG permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
45 References to sub-blocks of GHG permit. . . . . . . . . . . . . . . . . . . 56
46 Minister's power to decide excluded land . . . . . . . . . . . . . . . . . . . 57
47 Minister may add excluded land . . . . . . . . . . . . . . . . . . . . . . . . . . 57
48 Area of GHG permit reduced on grant of GHG lease .... 58
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49 Effect of ending of declaration of potential storage area . . . . . . . 58
Part 4 Work programs
Division 1 Function and purpose
50 Function and purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 2 Requirements for proposed initial work programs
51 Operation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
52 Program period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
53 General requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
54 Water issues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 3 Approval of proposed initial work programs
55 Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
56 Verification may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
57 Referral to Water Act Minister. . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 4 Requirements for proposed later work programs
58 Operation of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
59 General requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
60 Program period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
61 Implementation of evaluation program for potential storage area 64
Division 5 Approval of proposed later work programs
62 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
63 GHG permit taken to have work program until decision on
whether to approve proposed work program . . . . . . . . . . . . . . . . 64
64 Deciding whether to approve proposed program . . . . . . . . . . . . . 65
65 Steps after, and taking effect of, decision. . . . . . . . . . . . . . . . . . . 65
Division 6 Amending work programs
66 Restrictions on amending work program . . . . . . . . . . . . . . . . . . . 66
67 Applying for approval to amend . . . . . . . . . . . . . . . . . . . . . . . . . . 67
68 Requirements for making application . . . . . . . . . . . . . . . . . . . . . . 67
69 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
70 Steps after, and taking effect of, decision. . . . . . . . . . . . . . . . . . . 69
Part 5 Key mandatory conditions
Division 1 Preliminary
71 Operation of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 2 Standard relinquishment condition and related provisions
72 Standard relinquishment condition . . . . . . . . . . . . . . . . . . . . . . . . 70
73 Consequence of failure to comply with relinquishment condition . 71
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74 Part usually required to be relinquished . . . . . . . . . . . . . . . . . . . . 71
75 Sub-blocks that can not be counted towards relinquishment . . . . 71
76 Adjustments for sub-blocks that can not be counted . . . . . . . . . . 72
77 Adjustment for particular potential storage areas. . . . . . . . . . . . . 72
78 Relinquishment must be by blocks . . . . . . . . . . . . . . . . . . . . . . . . 73
79 Ending of GHG permit if all of its area relinquished . . . . . . . . . . . 73
Division 3 Other mandatory conditions
80 Compliance with test plan for GHG storage injection testing . . . . 73
81 Restriction on substances that may be used for GHG storage
injection testing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
82 Restriction on substances that may be used for GHG stream
storage ..................................... 74
83 Restriction on GHG streams that may be used . . . . . . . . . . . . . . 74
84 Water Act authorisation required for taking or interference with
water ..................................... 75
85 Obligation to consult with particular owners and occupiers . . . . . 75
86 Annual rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
87 Civil penalty for nonpayment of annual rent . . . . . . . . . . . . . . . . . 76
88 Requirement to have work program . . . . . . . . . . . . . . . . . . . . . . . 76
89 Compliance with GHG storage exploration activities in work
program .................................. 76
90 Penalty relinquishment if work program not finished within
extended period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
91 Obligation to give proposed later work program. . . . . . . . . . . . . . 77
92 Consequence of failure to comply with notice to give
proposed later work program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Part 6 Renewals
93 Conditions for renewal application . . . . . . . . . . . . . . . . . . . . . . . . 79
94 Requirements for making application . . . . . . . . . . . . . . . . . . . . . . 79
95 Continuing effect of GHG permit for renewal application . . . . . . . 80
96 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
97 Provisions and term of renewed GHG permit. . . . . . . . . . . . . . . . 81
98 Criteria for decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
99 Information notice about refusal . . . . . . . . . . . . . . . . . . . . . . . . . . 83
100 When refusal takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Part 7 Potential storage areas
101 Applying for potential storage area. . . . . . . . . . . . . . . . . . . . . . . . 83
102 Deciding potential storage area application . . . . . . . . . . . . . . . . . 84
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103 Inclusion of evaluation program in work program . . . . . . . . . . . . . 85
104 Term of declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
105 Potential storage area still part of GHG permit. . . . . . . . . . . . . . . 86
Part 8 Provisions to facilitate transition to GHG lease
106 Application of pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
107 Ministerial direction to apply for GHG lease . . . . . . . . . . . . . . . . . 86
108 Taking proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Chapter 3 GHG injection and storage leases
Part 1 Key authorised activities
109 Operation of pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
110 Principal authorised activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
111 GHG stream pipeline and water pipeline construction and
operation ..................................... 89
112 Incidental activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Part 2 Transition from GHG permit to GHG lease
Division 1 Applying for GHG lease
113 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
114 Requirements for making permit-related application . . . . . . . . . . 91
115 Requirements for verification statement . . . . . . . . . . . . . . . . . . . . 92
116 Continuing effect of GHG permit for permit-related application 92
Division 2 Deciding permit-related applications
117 Deciding whether to grant GHG lease . . . . . . . . . . . . . . . . . . . . . 93
118 Requirements for grant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
119 Exception for particular relevant arrangements . . . . . . . . . . . . . . 94
120 Provisions of GHG lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
121 Provisions about grant and conditions of GHG lease for
significant project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
122 Information notice about refusal . . . . . . . . . . . . . . . . . . . . . . . . . . 96
123 When refusal takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Part 3 Obtaining GHG lease by competitive tender
Division 1 Preliminary
124 Operation of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Division 2 Calls for tenders
125 Call for tenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
126 Right to tender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
127 Right to terminate call for tenders . . . . . . . . . . . . . . . . . . . . . . . . 98
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Division 3 Deciding tenders
128 Process for deciding tenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
129 Provisions for preferred tenderers . . . . . . . . . . . . . . . . . . . . . . . . 99
130 Deciding whether to grant GHG lease . . . . . . . . . . . . . . . . . . . . . 99
131 Provisions of GHG lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
132 Criteria for decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
133 Notice to unsuccessful tenderers . . . . . . . . . . . . . . . . . . . . . . . . . 100
Part 4 Term and area provisions
134 Term of GHG lease. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
135 Area of GHG lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
136 References to sub-blocks of GHG lease . . . . . . . . . . . . . . . . . . . 101
137 Minister's power to decide excluded land . . . . . . . . . . . . . . . . . . . 102
138 Minister may add excluded land . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Part 5 Development plans
Division 1 Function and purpose
139 Function and purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Division 2 Requirements for proposed initial development plans
140 Operation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
141 General requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
142 Site plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
143 Petroleum wells to be assumed . . . . . . . . . . . . . . . . . . . . . . . . . . 106
144 Water issues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
145 Monitoring and verification plan . . . . . . . . . . . . . . . . . . . . . . . . . . 107
146 Plan period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Division 3 Approval of proposed initial development plans
147 Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
148 Verification may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
149 Referral to Water Act Minister. . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Division 4 Requirements for proposed later development plans
150 Operation of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
151 General requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Division 5 Approval of proposed later development plans
152 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
153 GHG lease taken to have development plan until decision on
whether to approve proposed development plan . . . . . . . . . . . . . 110
154 Deciding whether to approve proposed plan . . . . . . . . . . . . . . . . 110
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155 Steps after, and taking effect of, decision. . . . . . . . . . . . . . . . . . . 111
Division 6 Amending development plans
156 Restrictions on amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
157 Applying for approval to amend . . . . . . . . . . . . . . . . . . . . . . . . . . 112
158 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
159 Steps after, and taking effect of, decision. . . . . . . . . . . . . . . . . . . 113
Part 6 Key mandatory conditions for GHG leases
160 Operation of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
161 Compliance with test plan for GHG storage injection testing . . . . 113
162 Restriction on substances that may be used for GHG storage
injection testing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
163 Restriction on substances that may be used for GHG stream
storage .................................... 114
164 Restriction on GHG streams that may be used . . . . . . . . . . . . . . 114
165 Water Act authorisation required for taking or interference with
water ....................................... 115
166 Obligation to consult with particular owners and occupiers . . . . . 115
167 Obligation to commence GHG stream storage. . . . . . . . . . . . . . . 115
168 Annual rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
169 Civil penalty for nonpayment of annual rent . . . . . . . . . . . . . . . . . 116
170 Requirement to have development plan . . . . . . . . . . . . . . . . . . . . 116
171 Compliance with development plan . . . . . . . . . . . . . . . . . . . . . . . 116
172 Obligation to give proposed later development plan. . . . . . . . . . . 117
173 Consequence of failure to comply with notice to give
proposed later development plan . . . . . . . . . . . . . . . . . . . . . . . . . 118
Part 7 Surrenders
174 When surrender is permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
175 Part of GHG lease area can not be surrendered . . . . . . . . . . . . . 119
176 Timing of surrender application . . . . . . . . . . . . . . . . . . . . . . . . . . 119
177 Requirements for making surrender application. . . . . . . . . . . . . . 119
178 Minister may require further report or work for surrender of
GHG lease ...................................... 120
179 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
180 Notice and taking effect of decision . . . . . . . . . . . . . . . . . . . . . . . 121
181 Responsibility for injected GHG streams after decommissioning. 121
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Chapter 4 Coordination with other authorities
Part 1 Preliminary
182 Relationship with chs 2, 3 and 5. . . . . . . . . . . . . . . . . . . . . . . . . . 122
183 What is an overlapping authority . . . . . . . . . . . . . . . . . . . . . . . . . 122
184 What is an exploration authority (non-GHG) . . . . . . . . . . . . . . . . 123
185 General provision about the power to grant GHG authorities
for land subject to other authorities . . . . . . . . . . . . . . . . . . . . . . . 123
Part 2 Coordination arrangements for GHG leases
186 GHG coordination arrangements that may be made . . . . . . . . . . 124
187 Other provisions about and effect of GHG coordination
arrangement ................................... 124
188 Applying for ministerial approval of proposed GHG
coordination arrangement ........................... 125
189 Ministerial approval of proposed GHG coordination
arrangement ............................... 125
190 Approval does not confer right to surrender or renew . . . . . . . . . 126
191 Grant of pipeline licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
192 Amendment or cancellation by parties to arrangement . . . . . . . . 127
193 Minister's power to cancel arrangement . . . . . . . . . . . . . . . . . . . . 127
194 Cancellation does not affect relevant leases . . . . . . . . . . . . . . . . 128
Part 3 Obtaining GHG lease if overlapping authority
Division 1 Preliminary
195 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Division 2 Requirements for application
196 Requirements for making application . . . . . . . . . . . . . . . . . . . . . . 129
197 Content requirements for GHG statement . . . . . . . . . . . . . . . . . . 129
Division 3 Consultation provisions
198 Applicant's information obligation . . . . . . . . . . . . . . . . . . . . . . . . . 130
199 Submissions by overlapping authority holder . . . . . . . . . . . . . . . . 130
Division 4 Resource management decision if overlapping
non-geothermal authority about exploration
200 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
201 Resource management decision . . . . . . . . . . . . . . . . . . . . . . . . . 132
202 Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
203 Restrictions on giving overlapping authority priority . . . . . . . . . . . 132
Division 5 Process if resource management decision is to give
overlapping authority priority
204 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
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205 Notice to applicant and overlapping authority holder ..... 133
206 Relevant lease application for all of the land . . . . . . . . . . . . . . . . 134
207 Relevant lease application for part of the land . . . . . . . . . . . . . . . 134
208 No relevant lease application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Division 6 Resource management decision not to grant and not to
give priority
209 Lapsing of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Division 7 Deciding application
210 Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
211 Application may be refused if no reasonable prospects of GHG
coordination arrangement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
212 Additional criteria for deciding provisions of GHG lease . . . . . . . 137
213 Publication of outcome of application . . . . . . . . . . . . . . . . . . . . . . 137
Part 4 Priority to particular mining or petroleum lease applications
214 Earlier mining or petroleum lease application . . . . . . . . . . . . . . . 138
215 Proposed mining or petroleum lease for which EIS approval
given .................................... 138
216 Proposed mining or petroleum lease declared a significant
project .................................. 139
Part 5 GHG lease applications in response to invitation under
another Act
217 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
218 Additional ground for refusing application . . . . . . . . . . . . . . . . . . 140
Part 6 Additional provisions for GHG authorities
Division 1 Restrictions on authorised activities other than for GHG
leases
219 Overlapping mining or petroleum lease . . . . . . . . . . . . . . . . . . . . 141
220 Overlapping exploration authority (non-GHG) . . . . . . . . . . . . . . . 142
221 Resolving disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Division 2 Additional conditions
222 Notice of grant by particular GHG authority holders ........ 143
223 Condition to notify particular other authority holders of
proposed start of particular authorised activities . . . . . . . . . . . . . 144
224 Continuance of GHG coordination arrangement after transfer . . . 145
Division 3 Restriction on Minister's power to amend GHG lease if
overlapping authority
225 Interests of overlapping authority holder to be considered. . . . . . 145
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Part 7 Additional provisions for development plans if overlapping
authority
226 Operation of pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
227 Statement about interests of overlapping authority holder . 146
228 Consistency with overlapping authority's development plan
and with any relevant coordination arrangement . . . . . . . . . . . . . 146
229 Additional criteria for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Part 8 Additional provisions for safety management plans
230 Grant of GHG lease does not affect obligation to make plan . . . . 147
231 Requirements for consultation with particular overlapping
authority holders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
232 Application of P&G Act provisions for resolving disputes about
reasonableness of proposed provision. . . . . . . . . . . . . . . . . . . . . 149
Chapter 5 General provisions for GHG authorities
Part 1 GHG injection and storage data acquisition authorities
Division 1 Obtaining authority
233 Who may apply for GHG data acquisition authority . . . . . . . . . . . 150
234 Requirements for making application . . . . . . . . . . . . . . . . . . . . . . 150
235 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
236 Provisions of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
237 Notice of refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Division 2 Provisions for GHG data acquisition authorities
238 Key authorised activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
239 Additional condition of relevant GHG tenure . . . . . . . . . . . . . . . . 152
240 Authority holder is the relevant GHG tenure holder from time to
time ......................................... 153
241 Authority ends if relevant GHG tenure ends . . . . . . . . . . . . . . . . . 153
242 Relationship with subsequent GHG tenure . . . . . . . . . . . . . . . . . 153
243 Annual rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
244 End of authority report for GHG data acquisition authority 154
Part 2 GHG storage viability assessment
245 Minister's power to require GHG viability report . . . . . . . . . . . . . . 155
246 Required content of GHG viability report . . . . . . . . . . . . . . . . . . . 155
247 Minister's power to obtain independent viability assessment . . . . 156
248 Costs of independent viability assessment . . . . . . . . . . . . . . . . . 157
Part 3 Ownership and decommissioning of GHG stream pipelines
249 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
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250 General provision about ownership while tenure is in force for
pipeline ...................................... 158
251 Ownership afterwards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
252 Obligation to decommission pipelines on cessation or
reduction of tenure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Part 4 Reporting and information provisions
Division 1 General reporting provisions
253 Requirement of GHG tenure holder to report outcome of GHG
storage injection testing ........................... 160
254 Monitoring reports by GHG lease holder . . . . . . . . . . . . . . . . . . . 160
255 Relinquishment report by GHG permit holder . . . . . . . . . . . . . . . 162
256 End of tenure report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
257 Power to require information or reports about authorised
activities to be kept or given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
Division 2 Records and samples
258 Requirement to keep records and samples . . . . . . . . . . . . . . . . . 164
259 Requirement to give records and samples . . . . . . . . . . . . . . . . . . 165
Division 3 Releasing required information
260 Meaning of required information. . . . . . . . . . . . . . . . . . . . . . . . . . 166
261 Public release of required information . . . . . . . . . . . . . . . . . . . . . 166
262 Chief executive may use required information . . . . . . . . . . . . . . . 167
Part 5 General provisions for wells
Division 1 Responsibility for wells
263 Former petroleum wells assumed by GHG tenure holder . . . . . . 167
264 Requirements for drilling GHG well . . . . . . . . . . . . . . . . . . . . . . . 168
Division 2 Decommissioning of wells
265 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
266 Restriction on decommissioning well . . . . . . . . . . . . . . . . . . . . . . 168
267 Obligation to decommission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
268 Right of entry to facilitate decommissioning for GHG permit . . . . 169
269 Responsibility for well after decommissioning . . . . . . . . . . . . . . . 170
Part 6 Security
270 Operation and purpose of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
271 Power to require security for GHG authority. . . . . . . . . . . . . . . . . 171
272 Minister's power to require additional security . . . . . . . . . . . . . . . 172
273 Interest on security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
274 Power to use security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
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275 Replenishment of security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
276 Security not affected by change in authority holder . . . . . . . . . . . 174
277 Retention of security after GHG authority ends . . . . . . . . . . . . . . 174
Part 7 Private land
Division 1 Preliminary
278 Application of pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
Division 2 Requirement for entry notice for entry to private land in
area of GHG authority
279 Requirement for entry notice to carry out authorised activities . . 175
280 Waiver of entry notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
281 Required contents of entry notice. . . . . . . . . . . . . . . . . . . . . . . . . 176
282 Giving entry notice by publication. . . . . . . . . . . . . . . . . . . . . . . . . 177
Division 3 Requirement for further notice before carrying out
authorised activities on private land
283 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
284 Requirement to give further notice . . . . . . . . . . . . . . . . . . . . . . . . 178
285 Failure to give further notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
Division 4 Access to private land outside area of GHG authority
Subdivision 1 Preliminary
286 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
Subdivision 2 Access rights and access agreements
287 Access rights of GHG authority holder . . . . . . . . . . . . . . . . . . . . . 179
288 Restriction on exercise of access rights . . . . . . . . . . . . . . . . . . . . 179
289 Owner or occupier must not unreasonably refuse to make
access agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
290 Principles for deciding whether access is reasonable . . . . . . . . . 181
291 Provisions for access and access agreements . . . . . . . . . . . . . . 182
292 Access agreement binds successors and assigns . . . . . . . . . . . . 182
Subdivision 3 Land Court resolution
293 Power of Land Court to decide access agreement. . . . . . . . . . . . 182
294 Power of Land Court to vary access agreement . . . . . . . . . . . . . 183
295 Criteria for deciding access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
Division 5 Provisions for dealings or change in ownership
or occupancy
296 Entry notice or waiver of entry notice or access agreement not
affected by a dealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
297 Change in ownership or occupancy . . . . . . . . . . . . . . . . . . . . . . . 184
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Division 6 Periodic notice after entry of land
298 Notice to owners and occupiers . . . . . . . . . . . . . . . . . . . . . . . . . . 184
Division 7 Access to carry out rehabilitation and environmental
management
299 Right of access for authorised activities includes access for
rehabilitation and environmental management. . . . . . . . . . . . . . . 185
Part 8 Public land
Division 1 Public roads
Subdivision 1 Preliminary
300 Significant projects excluded from div 1 . . . . . . . . . . . . . . . . . . . . 186
301 What is a notifiable road use . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
Subdivision 2 Notifiable road uses
302 Notice of notifiable road use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
303 Directions about notifiable road use . . . . . . . . . . . . . . . . . . . . . . . 188
304 Obligation to comply with road use directions . . . . . . . . . . . . . . . 189
Subdivision 3 Compensation for notifiable road uses
305 Liability to compensate public road authority . . . . . . . . . . . . . . . . 189
306 Compensation agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
307 Deciding compensation through Land Court . . . . . . . . . . . . . . . . 191
308 Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
309 Land Court review of compensation . . . . . . . . . . . . . . . . . . . . . . . 192
310 Compensation to be addressed before carrying out notifiable
road use ....................................... 193
311 Compensation not affected by change in administration or
holder ...................................... 193
Division 2 Other public land
312 Requirement for entry notice to carry out authorised activities . . 194
313 Waiver of entry notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
314 Required contents of entry notice. . . . . . . . . . . . . . . . . . . . . . . . . 195
315 Conditions public land authority may impose . . . . . . . . . . . . . . . . 196
Part 9 Access to land in area of particular other authorities
316 Application of pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
317 Access to land in area of mining lease or petroleum lease . . . . . 197
318 Access to land in area of another type of authority . . . . . . . . . . . 198
Part 10 General compensation provisions
319 General liability to compensate . . . . . . . . . . . . . . . . . . . . . . . . . . 198
320 Compensation agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
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321 Deciding compensation through Land Court . . . . . . . . . . . . . . . . 201
322 Land Court review of compensation . . . . . . . . . . . . . . . . . . . . . . . 201
323 Orders Land Court may make . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
324 Compensation to be addressed before entry to private land . . . . 202
325 Compensation not affected by change in ownership or
occupancy .................................... 203
Part 11 Ownership of equipment and improvements
326 Application of pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
327 Ownership of equipment and improvements . . . . . . . . . . . . . . . . 205
Part 12 General provisions for conditions and authorised activities
Division 1 Other mandatory conditions for all GHG authorities
328 Operation of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
329 Obligation to prevent spread of declared pests . . . . . . . . . . . . . . 206
330 Requirement to consider using formed roads . . . . . . . . . . . . . . . 207
331 Obligation to comply with Act and prescribed standards . . . . . . . 208
332 Obligation to survey if Minister requires . . . . . . . . . . . . . . . . . . . . 208
333 Notice of petroleum discovery . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
Division 2 General provisions for when authority ends or area reduced
334 Obligation to remove equipment and improvements . . . . . . . . . . 209
335 Authorisation to enter to facilitate compliance . . . . . . . . . . . . . . . 210
Division 3 Provisions for authorised activities
336 Authorised activities may be carried out despite rights of
owner or occupier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
337 General restrictions on right to carry out authorised activity . . . . 211
338 Who may carry out authorised activity for GHG authority
holder ...................................... 212
Part 13 GHG register
339 GHG register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
340 Keeping of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
341 Access to register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
342 Arrangements with other departments for copies from GHG
register ..................................... 214
343 Supply of statistical data from GHG register . . . . . . . . . . . . . . . . 215
344 Chief executive may correct register . . . . . . . . . . . . . . . . . . . . . . 216
Part 14 Dealings
Division 1 Preliminary
345 What is a dealing with a GHG authority . . . . . . . . . . . . . . . . . . . . 217
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346 Prohibited dealings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
347 What is a third party transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
Division 2 Registration of dealings generally
348 Registration required for all dealings . . . . . . . . . . . . . . . . . . . . . . 219
349 Approval requirement for third party transfer . . . . . . . . . . . . . . . . 219
350 Obtaining registration other than third party transfer . . . . . . . . . . 219
351 Effect of approval and registration . . . . . . . . . . . . . . . . . . . . . . . . 219
Division 3 Approval and registration of third party transfers
352 Applying for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
353 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
354 Security may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
355 Information notice about refusal . . . . . . . . . . . . . . . . . . . . . . . . . . 221
Part 15 Enforcement of end of authority and area reduction
obligations
356 Power of authorised person to ensure compliance . . . . . . . . . . . 221
357 Requirements for entry to ensure compliance . . . . . . . . . . . . . . . 222
358 Duty to avoid damage in exercising remedial powers. . . . . . . . . . 223
359 Notice of damage because of exercise of remedial powers . . . . . 223
360 Compensation for exercise of remedial powers . . . . . . . . . . . . . . 224
361 Ownership of thing removed in exercise of remedial powers . . . . 224
362 Recovery of costs of and compensation for exercise of
remedial power ................................... 225
Part 16 Dealing with serious situations
363 What is a serious situation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
364 Minister's power to give direction . . . . . . . . . . . . . . . . . . . . . . . . . 226
365 Requirements for giving serious situation direction . . . . . . . . . . . 226
366 Failure to comply with serious situation direction . . . . . . . . . . . . . 227
367 Serious situation direction applies despite other instruments . . . 228
368 Powers under P&G Act not affected . . . . . . . . . . . . . . . . . . . . . . . 228
Part 17 Miscellaneous provisions
369 GHG authority does not create an interest in land . . . . . . . . . . . . 228
370 Joint holders of a GHG authority . . . . . . . . . . . . . . . . . . . . . . . . . 228
371 Minister's power to ensure compliance by GHG authority holder 229
372 Interest on amounts owing to the State ............... 230
373 Recovery of unpaid amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
374 Power to correct or amend authority . . . . . . . . . . . . . . . . . . . . . . 231
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375 Replacement of instrument for GHG authority . . . . . . . . . . . . . . . 231
376 Joint and several liability for conditions and for debts to State . . . 232
377 Notice of authority holder's agents . . . . . . . . . . . . . . . . . . . . . . . . 232
Chapter 6 Enforcement, offences and proceedings
Part 1 Noncompliance action for GHG authorities
Division 1 Preliminary
378 Operation of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
Division 2 Noncompliance action by Minister
379 Types of noncompliance action that may be taken. . . . . . . . . . . . 234
380 When noncompliance action may be taken . . . . . . . . . . . . . . . . . 235
Division 3 Procedure for noncompliance action
381 Notice of proposed noncompliance action other than
immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
382 Considering submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
383 Decision on proposed noncompliance action. . . . . . . . . . . . . . . . 237
384 Notice and taking effect of decision . . . . . . . . . . . . . . . . . . . . . . . 238
385 Consequence of failure to comply with relinquishment
requirement .................................... 238
Part 2 General offences
Division 1 Restrictions relating to GHG storage activities
386 Restriction on GHG storage activities . . . . . . . . . . . . . . . . . . . . . 239
387 GHG tenure holder's measurement obligations . . . . . . . . . . . . . . 240
388 Duty to avoid interference in carrying out GHG storage
activities .................................. 240
Division 2 Interference with authorised activities
389 Obstruction of GHG authority holder . . . . . . . . . . . . . . . . . . . . . . 241
390 Restriction on building on pipeline land for GHG tenure . . . . . . . 241
391 Restriction on changing surface of pipeline land for a GHG
tenure ..................................... 242
Division 3 Other offences
392 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 242
393 Executive officers must ensure corporation does not commit
particular offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
394 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
Part 3 Appeals
395 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
396 Period to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
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397 Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
398 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
399 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
400 Land Court's powers on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . 246
401 Restriction on Land Court's powers for decision not to grant
GHG lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
402 Appeals from Land Court's decision. . . . . . . . . . . . . . . . . . . . . . . 247
Part 4 Evidence and legal proceedings
Division 1 Evidentiary provisions
403 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
404 Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
405 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
406 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
Division 2 Offence proceedings
407 Offences under Act are summary. . . . . . . . . . . . . . . . . . . . . . . . . 249
408 Statement of complainant's knowledge . . . . . . . . . . . . . . . . . . . . 249
409 Conduct of representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
410 Additional orders that may be made on conviction. . . . . . . . . . . . 250
Chapter 7 Miscellaneous provisions
Part 1 Applications, lodging documents and making submissions
411 Place for making applications, lodging documents or making
submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
412 Substantial compliance with application requirements may be
accepted ....................................... 251
413 Additional information may be required about application . . . . . . 252
414 Particular criteria generally not exhaustive. . . . . . . . . . . . . . . . . . 253
415 Particular grounds for refusal generally not exhaustive . . . . . . . . 253
416 Amending applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
417 Withdrawal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
418 Minister's power to refund application fee . . . . . . . . . . . . . . . . . . 255
Part 2 Other miscellaneous provisions
419 General public interest criteria for ministerial decisions . . . . . . . . 255
420 Provision for entry by State to carry out authority-related activity 256
421 Name and address for service . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
422 Additional information about reports and other matters . . . . . . . . 256
423 References to right to enter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
424 Application of provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
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425 Protection from liability for particular persons . . . . . . . . . . . . . . . 257
426 Delegation by Minister or chief executive . . . . . . . . . . . . . . . . . . . 258
427 Ministerial directions about the giving of information . . . . . . . . . . 258
428 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
429 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
Chapter 8 Transitional provisions
430 Definitions for ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
431 Conversion of Zerogen's P&G Act ATPs . . . . . . . . . . . . . . . . . . . 261
432 New GHG permit for Zerogen. . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
433 Authorised activities under Zerogen GHG permits may start
from assent .................................... 263
434 Deciding provisions of new GHG permit . . . . . . . . . . . . . . . . . . . 263
435 Test plan for new GHG permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
436 Functions under chapter may be performed before assent . . . . . 264
Chapter 9 Amendment of other Acts
Part 1 Amendment of Aboriginal Land Act 1991
437 Act amended in pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
438 Amendment of s 41 (Provision about resumption of transferred
land etc.) ........................................ 264
439 Amendment of s 78 (Provision about resumption of granted
land etc.) .................................... 265
Part 2 Amendment of Coastal Protection and Management Act
1995
440 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
441 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 265
Part 3 Amendment of Dangerous Goods Safety Management Act
2001
442 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
443 Amendment of s 3 (Application of Act) . . . . . . . . . . . . . . . . . . . . . 266
Part 4 Amendment of Duties Act 2001
444 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
445 Amendment of s 137 (Exemption--mining and petroleum
legislation) ................................ 266
Part 5 Amendment of Electrical Safety Act 2002
446 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
447 Amendment of s 6 (Application of Act to mines and petroleum
plant) ........................................ 267
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Part 6 Amendment of Electricity Act 1994
448 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
449 Amendment of s 40H (Contracting out of s 40E, 40G(a) or (b)
or 97) ........................................ 268
450 Amendment of s 53 (Making or amending terms of standard
large customer or street lighting customer retail contract) . . . . . . 268
451 Amendment of ch 5A, pt 1, div 2, hdg (Definitions for ch 5A). . . . 268
452 Amendment of ch 5A, pt 8, div 4, hdg (General offences
for ch 5A) ..................................... 269
Part 7 Amendment of Environmental Protection Act 1994
453 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
454 Replacement of s 18 (Meaning of environmentally relevant
activity) ...................................... 269
18 Meaning of environmentally relevant activity . . . . . . . 269
455 Amendment of s 19 (Environmentally relevant activity may be
prescribed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
456 Amendment of s 37 (When EIS process applies). . . . . . . . . . . . . 270
457 Amendment of s 38 (Who is an affected person for a project) . . . 270
458 Amendment of ch 4 hdg (Development approvals and
registration (other than for mining or petroleum activities)) . . . . . 270
459 Omission of ch 4A (Environmental authorities for petroleum
activities) .................................... 271
460 Insertion of new ch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
Chapter 5A Other environmental authorities
Part 1 Preliminary
309A What this chapter is about . . . . . . . . . . . . . . . . . . . . . 271
309B Types of environmental authorities (chapter 5A
activities) ........................... 271
309C Levels for chapter 5A activities . . . . . . . . . . . . . . . . . . 272
309D What is a relevant resource authority . . . . . . . . . . . . . 272
309E What is resource legislation . . . . . . . . . . . . . . . . . . . . 273
309F What is a relevant chapter 5A activity . . . . . . . . . . . . 273
309G What is a chapter 5A activity project . . . . . . . . . . . . . 273
Part 2 Applying for and obtaining environmental
authority
Division 1 Preliminary
309H Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
Division 2 General provisions for applications
Subdivision 1 Restriction on who may apply
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309I Restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
Subdivision 2 Chapter 5A activity projects
309J Single application required for chapter 5A activity
project ............................... 275
309K Single environmental authority required for
chapter 5A activity project . . . . . . . . . . . . . . . . . . . . . 275
Subdivision 3 Joint applications
309L Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 276
309M Joint application may be made . . . . . . . . . . . . . . . . . . 276
309N Appointment of principal applicant . . . . . . . . . . . . . . . 276
309O Effect of appointment . . . . . . . . . . . . . . . . . . . . . . . . . 277
Division 3 Level 2 chapter 5A activities
Subdivision 1 Code compliant authorities
309P Operation of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
309Q Requirements for application . . . . . . . . . . . . . . . . . . . 278
309R Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 278
309S Steps after granting application and the giving of
financial assurance ....................... 278
309T Code compliance condition . . . . . . . . . . . . . . . . . . . . 279
Subdivision 2 Non-code compliant authorities
309U Operation of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
309V Requirements for application . . . . . . . . . . . . . . . . . . . 280
309W Conditions may be requested. . . . . . . . . . . . . . . . . . . 281
309X Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 281
309Y Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . 282
309Z Conditions that may and must be imposed . . . . . . . . 282
310 Steps after granting application and the giving of
financial assurance. . . . . . . . . . . . . . . . . . . . . . . . . . . 284
310A Information notice about particular decisions . . . . . . . 285
Division 4 Level 1 chapter 5A activities
310B Operation of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
310C Requirements for application . . . . . . . . . . . . . . . . . . . 285
310D Environmental management plan. . . . . . . . . . . . . . . . 286
310E EIS may be required. . . . . . . . . . . . . . . . . . . . . . . . . . 287
310F Public access to application . . . . . . . . . . . . . . . . . . . . 288
310G Public notice of application . . . . . . . . . . . . . . . . . . . . . 288
310H Required contents of application notice . . . . . . . . . . . 289
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310I Declaration of compliance . . . . . . . . . . . . . . . . . . . . . 289
310J Substantial compliance may be accepted . . . . . . . . . 290
310K Right to make submission . . . . . . . . . . . . . . . . . . . . . 290
310L Acceptance of submission . . . . . . . . . . . . . . . . . . . . . 291
310M Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 291
310N Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . 291
310O Conditions that may and must be imposed . . . . . . . . 292
310P Steps after granting application and the giving of
financial assurance. . . . . . . . . . . . . . . . . . . . . . . . . . . 294
310Q Information notice about particular decisions . . . . . . . 295
Division 5 Term of environmental authority (chapter 5A
activities)
310R Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
Part 3 Amendments by application
Division 1 Making amendment application
310S Who may apply for amendment . . . . . . . . . . . . . . . . . 296
310T Code compliance condition may be amended . . . . . . 296
310U Requirements for amendment application . . . . . . . . . 296
Division 2 Processing amendment application
310V EIS may be required. . . . . . . . . . . . . . . . . . . . . . . . . . 297
310W Public notice may be required if application is for
level 1 activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
310X Public notice process . . . . . . . . . . . . . . . . . . . . . . . . . 298
310Y Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 299
310Z Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . 300
Division 3 Miscellaneous provisions
311 Steps after making decision . . . . . . . . . . . . . . . . . . . . 300
311A When amendment takes effect. . . . . . . . . . . . . . . . . . 301
311B Information notice about particular decisions . . . . . . . 301
Part 4 Transfers
311C Transfer only by approval . . . . . . . . . . . . . . . . . . . . . . 302
311D General requirements for transfer application . . . . . . 303
311E Amendment application may accompany transfer
application ........................... 304
311F Additional requirement for transfer application for
code compliant authority if no amendment
application made .................... 304
311G Audit statement may be required . . . . . . . . . . . . . . . . 305
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311H Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 305
311I Additional ground for refusal. . . . . . . . . . . . . . . . . . . . 306
311J Steps after making decision . . . . . . . . . . . . . . . . . . . . 306
Part 5 Surrenders
Division 1 Surrender applications
311K Surrender only by approval . . . . . . . . . . . . . . . . . . . . 307
311L Requirements for surrender application . . . . . . . . . . . 307
Division 2 Final rehabilitation reports
311M Content requirements for final rehabilitation report . . 308
311N Amending report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309
311O FRR assessment report may be given . . . . . . . . . . . . 309
Division 3 General provisions for processing surrender
applications
311P Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 310
311Q Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . 310
311R Steps after making decision . . . . . . . . . . . . . . . . . . . . 311
Division 4 Additional surrender process provisions for
greenhouse gas storage activities
Subdivision 1 Preliminary
311S Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
Subdivision 2 Residual risks requirements
311T Payment may be required for residual risks of
rehabilitation ........................ 311
311U Criteria for decision to make requirement. . . . . . . . . . 312
311V Amount and form of payment . . . . . . . . . . . . . . . . . . . 313
311W Information notice about GHG residual risks
requirement ......................... 314
311X Restriction on surrender taking effect if
residual risks requirement made . . . . . . . . . . . . . . . . 314
Subdivision 3 Directions
311Y Directions to carry out rehabilitation may be given if
surrender refused . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
Division 5 Additional surrender provisions for petroleum
activities
311Z Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
312 Surrender may be partial . . . . . . . . . . . . . . . . . . . . . . 315
312A When surrender application required . . . . . . . . . . . . . 316
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312B Notice by administering authority to make surrender
application ......................... 317
312C Failure to comply with surrender notice . . . . . . . . . . . 317
Part 6 Amendment, cancellation or suspension by
administering authority
Division 1 Conditions for amendment, cancellation or
suspension
Subdivision 1 Amendments
312D Corrections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318
312E Other amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . 318
Subdivision 2 Cancellation or suspension
312F Conditions for cancellation or suspension . . . . . . . . . 320
Division 2 Procedure for amendment without agreement
or for cancellation or suspension
312G Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
312H Notice of proposed action. . . . . . . . . . . . . . . . . . . . . . 321
312I Considering representations . . . . . . . . . . . . . . . . . . . 322
312J Decision on proposed action . . . . . . . . . . . . . . . . . . . 322
312K Notice of proposed action decision . . . . . . . . . . . . . . 323
Division 3 Steps after making decision
312L Steps for corrections. . . . . . . . . . . . . . . . . . . . . . . . . . 323
312M Steps for amendment by agreement . . . . . . . . . . . . . 324
312N Steps for amendment without agreement or for
cancellation or suspension . . . . . . . . . . . . . . . . . . . . . 324
Part 7 Financial assurance
312O Financial assurance may be required before
authority is issued or transferred . . . . . . . . . . . . . . . . 325
312P Power to require financial assurance if not
previously required or to require a change to
financial assurance ..................... 326
312Q Replenishment of financial assurance . . . . . . . . . . . . 327
Part 8 Principal holders
312R Application of pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . 328
312S Appointment of principal holder . . . . . . . . . . . . . . . . . 328
312T Effect of appointment . . . . . . . . . . . . . . . . . . . . . . . . . 328
Part 9 Miscellaneous provisions
312U Grounds for refusing application for or to transfer
non-code compliant authority . . . . . . . . . . . . . . . . . . . 329
312V Restrictions on authority or transfer taking effect . . . . 330
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461 Amendment of s 316 (Annual fee and return) . . . . . . . . . . . . . . . 331
462 Amendment of s 318A (Changing anniversary day). . . . . . . . . . . 331
463 Amendment of s 367 (Claims on financial assurances) . . . . . . . . 331
464 Replacement of s 426A (Environmental authority required for
petroleum activity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331
426A Environmental authority required for chapter 5A
activity .............................. 331
465 Amendment of s 430 (Contravention of condition of
environmental authority). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332
466 Amendment of s 452 (Entry of place--general) . . . . . . . . . . . . . . 333
467 Amendment of s 520 (Dissatisfied person) . . . . . . . . . . . . . . . . . 333
468 Amendment of s 540 (Required registers) . . . . . . . . . . . . . . . . . . 333
469 Amendment of s 579 (Compensation) . . . . . . . . . . . . . . . . . . . . . 334
470 Insertion of new ch 13, pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334
Part 11 Transitional provisions for Greenhouse Gas
Storage Act 2008
Division 1 Preliminary
647 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 334
Division 2 Provisions for Zerogen
648 New environmental authority for Zerogen's
converted GHG permits . . . . . . . . . . . . . . . . . . . . . . . 335
649 New environmental authority for Zerogen's new
GHG permit ............................ 335
Division 3 Provisions for replacement of former chapter
4A with chapter 5A
650 References to former chapter 4A . . . . . . . . . . . . . . . . 336
651 Environmental authorities (petroleum activities)
other than converted authorities. . . . . . . . . . . . . . . . . 336
652 References to environmental authorities
(petroleum activities) and their levels . . . . . . . . . . . . . 337
653 Migration of undecided applications . . . . . . . . . . . . . . 337
654 Migration of decisions and documents . . . . . . . . . . . . 337
655 Migration of outstanding appeals . . . . . . . . . . . . . . . . 338
471 Amendment of sch 2 (Original decisions). . . . . . . . . . . . . . . . . . . 338
472 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 339
Part 8 Amendment of Fire and Rescue Service Act 1990
473 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346
474 Amendment of s 95 (Application of part) . . . . . . . . . . . . . . . . . . . 346
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Part 9 Amendment of Foreign Ownership of Land Register Act
1988
475 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346
476 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 346
Part 10 Amendment of Forestry Act 1959
477 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
478 Amendment of s 37 (Mining leases over State forest, timber
reserve or forest entitlement area) . . . . . . . . . . . . . . . . . . . . . . . . 347
479 Amendment of s 39 (Interfering with forest products on State
forests etc.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348
480 Amendment of s 44 (Construction of other Acts etc.). . . . . . . . . . 348
481 Amendment of s 45 (Forest products etc. which are the
property of the Crown) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348
482 Amendment of s 47 (Sale of forests products on Crown
holdings or mining leases etc.). . . . . . . . . . . . . . . . . . . . . . . . . . . 348
483 Amendment of s 53 (Interference with forest products on
Crown holdings and mining leases) . . . . . . . . . . . . . . . . . . . . . . . 348
484 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 349
Part 11 Amendment of Geothermal Exploration Act 2004
485 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349
486 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349
7A Relationship with Greenhouse Gas Storage Act
2008 .............................. 349
487 Amendment of s 12 (Geothermal energy reservation in land
grants) ................................... 350
488 Insertion of new s 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350
12A Provision for entry by State to carry out geothermal
energy activity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350
489 Amendment of s 13 (Prohibition on geothermal exploration
without permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351
490 Insertion of new ch 4, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351
Part 5 Provisions for GHG authorities
Division 1 Preliminary
83A Relationship with other provisions . . . . . . . . . . . . . . . 351
83B What is an overlapping GHG authority. . . . . . . . . . . . 352
83C General provision about permits for land subject to
GHG authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352
Division 2 Restrictions on authorised activities
83D Permit overlapping with GHG lease . . . . . . . . . . . . . . 352
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83E Overlaps with other GHG authorities . . . . . . . . . . . . . 353
83F Resolving disputes about the restrictions. . . . . . . . . . 353
Division 3 Additional conditions
83G Notice by geothermal exploration permit holder to
particular GHG authority holders or applicants . . . . . 354
83H Condition to notify particular GHG authority
holders of proposed start of any authorised activity . . 355
Division 4 Additional provisions for safety management
plans
83I Requirements for consultation with particular GHG
tenure holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356
83J Application of P&G Act provisions for resolving
disputes about reasonableness of proposed
provision ............................ 357
Division 5 Restriction on power to amend permit if
overlapping GHG authority
83K Interests of overlapping GHG authority holder to be
considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358
491 Insertion of new s 136A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358
136A Protection from liability for particular persons . . . . . . 358
492 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 359
Part 12 Amendment of Integrated Planning Act 1997
493 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360
494 Amendment of s 1.3.5 (Definitions for terms used in
development) ................................. 360
495 Amendment of s 5.1.7 (Infrastructure charges) . . . . . . . . . . . . . . 360
496 Amendment of s 5.1.17 (Regulated infrastructure charges). . . . . 361
497 Amendment of sch 8 (Assessable development and
self-assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . 361
498 Amendment of sch 9 (Development that is exempt from
assessment against a planning scheme) . . . . . . . . . . . . . . . . . . . 361
499 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 362
Part 13 Amendment of Land Act 1994
500 Act amended in pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362
501 Amendment of s 20 (Dealing with mining interests) . . . . . . . . . . . 362
502 Amendment of s 43 (Only Parliament may delete land from or
cancel an existing deed of grant in trust) . . . . . . . . . . . . . . . . . . . 363
Part 14 Amendment of Land Protection (Pest and Stock Route
Management) Act 2002
503 Act amended in pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363
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504 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 364
Part 15 Amendment of Land Title Act 1994
505 Act amended in pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364
506 Amendment of s 185 (Exceptions to s 184) . . . . . . . . . . . . . . . . . 364
Part 16 Amendment of Local Government Act 1993
507 Act amended in pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365
508 Amendment of s 4 (Meaning of owner of land) . . . . . . . . . . . . . . 365
Part 17 Amendment of Mineral Resources Act 1989
509 Act amended in pt 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365
510 Insertion of new s 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366
3B Relationship with Greenhouse Gas Storage Act 2008 366
511 Insertion of new pt 7AAC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366
Part 7AAC Provisions for GHG authorities
Division 1 Preliminary
318ELAM Relationship with pts 3 to 7AAB . . . . . . . . . . . . . . . . . 366
318ELAN What is an overlapping GHG authority. . . . . . . . . . . . 367
318ELAO What is the GHG public interest . . . . . . . . . . . . . . . . . 367
318ELAP General provision about mining tenements for land
subject to GHG authority . . . . . . . . . . . . . . . . . . . . . . 367
Division 2 Obtaining mining lease if overlapping GHG
tenure
Subdivision 1 Preliminary
318ELAQ Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 368
Subdivision 2 Requirements for application
318ELAR Requirements for making application . . . . . . . . . . . . . 368
318ELAS Content requirements for GHG statement . . . . . . . . . 369
Subdivision 3 Consultation provisions
318ELAT Applicant's information obligation . . . . . . . . . . . . . . . . 369
318ELAU Submissions by GHG tenure holder . . . . . . . . . . . . . . 369
Subdivision 4 Resource management decision if overlapping
GHG permit
318ELAV Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . 370
318ELAW Operation of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 371
318ELAX Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . 371
318ELAY Restrictions on giving overlapping authority priority . . 371
Subdivision 5 Process if resource management decision is
to give overlapping authority priority
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318ELAZ Application of sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . 372
318ELBA Notice to applicant and GHG permit holder ... 372
318ELBB GHG lease application for all of the land . . . . . . . . . . 372
318ELBC GHG lease application for part of the land . . . . . . . . . 373
318ELBD No GHG lease application . . . . . . . . . . . . . . . . . . . . . 374
Subdivision 6 Resource management decision not to
recommend grant and not to give priority
318ELBE Lapsing of application. . . . . . . . . . . . . . . . . . . . . . . . . 374
Subdivision 7 Deciding application
318ELBF Application of sdiv 7 . . . . . . . . . . . . . . . . . . . . . . . . . . 374
318ELBG Application may be refused if no reasonable
prospects of future GHG coordination arrangement . 375
318ELBH Additional criteria for deciding provisions of mining
lease ............................. 376
318ELBI Publication of outcome of application . . . . . . . . . . . . . 376
Division 3 Priority to particular GHG lease applications
318ELBJ Earlier GHG lease application . . . . . . . . . . . . . . . . . . 377
318ELBK Proposed GHG lease for which EIS approval given 377
318ELBL Proposed GHG lease declared a significant project 378
Division 4 Mining lease applications in response to
invitation under GHG storage Act
318ELBM Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 378
318ELBN Minister may refuse application . . . . . . . . . . . . . . . . . 379
Division 5 Additional provisions for particular mining
tenements
Subdivision 1 Restrictions on authorised activities for
particular mining tenements
318ELBO Prospecting permit overlapping with GHG lease . . . . 379
318ELBP Other overlapping authorities . . . . . . . . . . . . . . . . . . . 380
318ELBQ Resolving disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . 380
Subdivision 2 Provisions about conditions
318ELBR Notice by particular mining tenement holders to
particular GHG authority holders or applicants . . . . . 381
318ELBS Restriction on recommendation to vary
conditions of particular mining leases . . . . . . . . . . . . 382
318ELBT Condition to notify particular GHG authority
holders of proposed start of particular authorised
activities ........................... 382
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318ELBU Requirement to continue GHG coordination
arrangement after renewal of or dealing with
mining lease ........................ 383
512 Amendment of s 403 (Offences regarding land subject to
mining claim or mining lease). . . . . . . . . . . . . . . . . . . . . . . . . . . . 384
513 Insertion of new s 764A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384
764A Application of public interest provisions to
undecided applications. . . . . . . . . . . . . . . . . . . . . . . . 384
514 Amendment of pt 19, div 10 hdg (Transitional provision for
Clean Energy Act 2008) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384
515 Insertion of new s 767A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385
767A Application of s 208(3A) to existing applications . . . . 385
516 Insertion of new pt 19, div 11, sdiv 3 . . . . . . . . . . . . . . . . . . . . . . 385
Subdivision 3 Miscellaneous provision
772 Existing applications. . . . . . . . . . . . . . . . . . . . . . . . . . 385
773 Minor corrections to section numbers . . . . . . . . . . . . 386
517 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 386
Part 18 Amendment of Nature Conservation Act 1992
518 Act amended in pt 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
519 Amendment of s 27 (Prohibition on mining) . . . . . . . . . . . . . . . . . 388
520 Amendment of s 45 (Conservation agreements) . . . . . . . . . . . . . 389
521 Amendment of s 70QA (Prohibition on mining in forest reserves) 389
522 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 389
Part 19 Amendment of Petroleum Act 1923
523 Act amended in pt 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390
524 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 390
525 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391
4A Relationship with Greenhouse Gas Storage Act 2008 391
526 Amendment of s 18 (Authority to prospect) . . . . . . . . . . . . . . . . . 391
527 Amendment of s 40 (Lease to holder of authority to prospect) . . 392
528 Amendment of s 44 (Form etc. of lease) . . . . . . . . . . . . . . . . . . . 392
529 Amendment of s 74Z (Obligation to comply with Act and
prescribed standards). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392
530 Amendment of s 75U (Obligation to decommission) . . . . . . . . . . 392
531 Insertion of new pt 6FA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393
Part 6FA Provisions for GHG authorities
Division 1 Preliminary
78CA Relationship with other provisions . . . . . . . . . . . . . . . 393
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78CB What is an overlapping GHG authority. . . . . . . . . . . . 393
78CC General provision about 1923 Act petroleum
tenures for land subject to GHG authority . . . . . . . . . 393
Division 2 Restrictions on authorised activities for
authorities to prospect
78CD Overlapping GHG lease . . . . . . . . . . . . . . . . . . . . . . . 394
78CE Overlaps with other GHG authorities . . . . . . . . . . . . . 394
78CF Resolving disputes about the restrictions. . . . . . . . . . 395
Division 3 Leases with overlapping GHG authority
Subdivision 1 Continuance of coordination arrangements
after renewal or dealing
78CG Requirement to continue GHG coordination
arrangement ........................ 396
Subdivision 2 Later development plans
78CH Operation of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 397
78CI Statement about interests of GHG tenure holder . . . 397
78CJ Consistency with GHG tenure's development plan
and with any relevant coordination arrangement . . . . 398
Division 4 Provisions for all 1923 Act petroleum tenures
Subdivision 1 Safety management plans
78CK Requirements for consultation with particular GHG
tenure holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398
78CL Application of 2004 Act provisions for resolving
disputes about reasonableness of proposed
provision ............................ 400
Subdivision 2 Other provisions
78CM Condition to notify particular GHG authority holders
of proposed start of particular authorised activities . . 400
78CN Restriction on power to amend. . . . . . . . . . . . . . . . . . 401
532 Amendment of s 79M (Application of pt 6J) . . . . . . . . . . . . . . . . . 401
Part 20 Amendment of Petroleum and Gas (Production and Safety)
Act 2004
533 Act amended in pt 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
534 Amendment of s 3 (Purpose of Act) . . . . . . . . . . . . . . . . . . . . . . . 402
535 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
3A Secondary purpose--facilitation of Geothermal
Exploration Act 2004 and Greenhouse Gas
Storage Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
536 Insertion of new section 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403
6B Relationship with GHG storage Act . . . . . . . . . . . . . . 403
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537 Amendment of s 16 (What is a pipeline) . . . . . . . . . . . . . . . . . . . 403
538 Amendment of s 22 (What is an authorised activity) . . . . . . . . . . 404
539 Amendment of ch 2 hdg (Petroleum tenures and related
matters) .................................... 404
540 Amendment of s 31 (Operation of div 1) . . . . . . . . . . . . . . . . . . . 404
541 Amendment of s 32 (Exploration and testing) . . . . . . . . . . . . . . . 404
542 Amendment of s 64 (Operation of div 4) . . . . . . . . . . . . . . . . . . . 405
543 Amendment of s 73 (Permitted period for production or storage
testing) ....................................... 405
544 Amendment of s 108 (Operation of sdiv 1). . . . . . . . . . . . . . . . . . 405
545 Amendment of s 109 (Exploration, production and storage
activities) ..................................... 405
546 Amendment of s 110 (Petroleum pipeline and water pipeline
construction and operation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406
547 Amendment of s 150 (Operation of div 5) . . . . . . . . . . . . . . . . . . 406
548 Amendment of s 152 (Permitted period for production or
storage testing) .................................. 406
549 Amendment of s 180 (Key authorised activities) . . . . . . . . . . . . . 406
550 Amendment of s 193 (Operation of div 2) . . . . . . . . . . . . . . . . . . 407
551 Amendment of s 292 (Obligation to decommission). . . . . . . . . . . 407
552 Amendment of s 293 (Right of entry to facilitate
decommissioning) ............................. 407
553 Amendment of s 340 (Right to grant if particular requirements
met) ........................................ 407
554 Insertion of new ch 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408
Chapter 3A Provisions for GHG authorities
Part 1 Preliminary
392AA Relationship with chs 2 and 3. . . . . . . . . . . . . . . . . . . 408
392AB What is an overlapping GHG authority. . . . . . . . . . . . 409
392AC What is the GHG public interest . . . . . . . . . . . . . . . . . 409
392AD General provision about petroleum authorities for
land subject to GHG authority . . . . . . . . . . . . . . . . . . 409
Part 2 Obtaining petroleum lease if overlapping GHG
tenure
Division 1 Preliminary
392AE Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 410
Division 2 Requirements for application
392AF Requirements for making application . . . . . . . . . . . . . 410
392AG Content requirements for GHG statement . . . . . . . . . 411
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Division 3 Consultation provisions
392AH Applicant's information obligation . . . . . . . . . . . . . . . . 412
392AI Submissions by GHG tenure holder . . . . . . . . . . . . . . 412
Division 4 Resource management decision if overlapping
GHG permit
392AJ Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 413
392AK Resource management decision . . . . . . . . . . . . . . . . 413
392AL Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . 414
392AM Restrictions on giving overlapping authority priority . . 414
Division 5 Process if resource management decision is
to give overlapping authority priority
392AN Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 415
392AO Notice to applicant and GHG permit holder ... 415
392AP GHG lease application for all of the land . . . . . . . . . . 415
392AQ GHG lease application for part of the land . . . . . . . . . 416
392AR No relevant lease application . . . . . . . . . . . . . . . . . . . 416
Division 6 Resource management decision not to grant
and not to give priority
392AS Lapsing of application. . . . . . . . . . . . . . . . . . . . . . . . . 417
Division 7 Deciding application
392AT Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 417
392AU Application may be refused if no reasonable
prospects of future GHG coordination arrangement . 418
392AV Additional criteria for deciding provisions of
petroleum lease ...................... 418
392AW Publication of outcome of application . . . . . . . . . . . . . 419
Part 3 Priority to particular GHG lease applications
392AX Earlier GHG lease application . . . . . . . . . . . . . . . . . . 419
392AY Proposed GHG lease for which EIS approval given 420
392AZ Proposed mining or petroleum lease declared a
significant project . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420
Part 4 Petroleum lease applications in response to
invitation under GHG storage Act
392BA Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 421
392BB Additional ground for refusing application . . . . . . . . . 421
Part 5 Additional provisions for petroleum authorities
Division 1 Restrictions on authorised activities for
particular petroleum authorities
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392BC Overlapping GHG lease . . . . . . . . . . . . . . . . . . . . . . . 422
392BD Overlapping GHG permit . . . . . . . . . . . . . . . . . . . . . . 423
392BE Resolving disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . 423
Division 2 Additional conditions
392BF Notice by authority to prospect holder to particular
GHG authority holders or applicants . . . . . . . . . . . . . 424
392BG Condition to notify particular GHG authority holders
of proposed start of particular authorised activities . . 425
392BH Requirement to continue GHG coordination
arrangement after renewal of or dealing with
petroleum lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426
Division 3 Restriction on Minister's power to amend
petroleum lease if overlapping GHG tenure
392BI Interests of overlapping GHG tenure holder to be
considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427
Part 6 Additional provisions for development plans if
overlapping GHG tenure
392BJ Operation of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427
392BK Statement about interests of GHG tenure holder 427
392BL Consistency with GHG tenure's development plan
and with any relevant coordination arrangement . . . . 427
392BM Additional criteria for approval . . . . . . . . . . . . . . . . . . 428
Part 7 Additional provisions for safety management
plans
392BN Grant of petroleum lease does not affect obligation
to make plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428
392BO Requirements for consultation with particular GHG
tenure holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429
392BP Application of provisions for resolving disputes
about reasonableness of proposed provision. . . . . . . 430
555 Amendment of s 400 (Restriction if there is an existing mining
lease) ....................................... 430
556 Amendment of s 402 (Licence may extend transportation right
to other prescribed substances) . . . . . . . . . . . . . . . . . . . . . . . . . . 431
557 Amendment of s 422 (Obligations in operating pipeline) . . . . . . . 431
558 Amendment of s 476 (Notice requirements). . . . . . . . . . . . . . . . . 431
559 Replacement of ch 5, pt 4, hdg (Access to land in area of
another petroleum authority or a mining tenement) . . . . . . . . . . . 432
560 Amendment of s 528 (Application of pt 4) . . . . . . . . . . . . . . . . . . 432
561 Amendment of s 547 (Requirement to keep records and
samples) ..................................... 432
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Greenhouse Gas Storage Bill 2008
Contents
562 Amendment of s 553 (Power to require information or reports
about authorised activities to be kept or given) . . . . . . . . . . . . . . 432
563 Amendment of s 557 (Obligation to comply with Act and
prescribed standards). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432
564 Amendment of s 573 (Deciding application). . . . . . . . . . . . . . . . . 433
565 Amendment of s 669 (Making safety requirement). . . . . . . . . . . . 433
566 Amendment of s 670 (What is an operating plant) . . . . . . . . . . . . 433
567 Amendment of s 675 (Content requirements for safety
management plans) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
568 Amendment of s 690 (Content requirements for safety reports) . 434
569 Replacement of s 691 (Obligation to give information to coal or
oil shale exploration tenement holder) . . . . . . . . . . . . . . . . . . . . . 435
691 Obligation to give information to particular authority
holders .............................. 435
570 Replacement of s 699A (Operator's obligation for adjacent or
overlapping coal mining operations). . . . . . . . . . . . . . . . . . . . . . . 436
699A Operator's obligation for particular adjacent or
overlapping authorities . . . . . . . . . . . . . . . . . . . . . . . . 436
571 Amendment of s 705 (Application of sdiv 1). . . . . . . . . . . . . . . . . 436
572 Amendment of s 705A (Requirement to have principal
hazard management plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 437
573 Amendment of s 705B (Content requirements for principal
hazard management plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 437
574 Amendment of s 705C (Resolving disputes about provision
proposed by mining lease holder) . . . . . . . . . . . . . . . . . . . . . . . . 437
575 Amendment of s 708B (Chief inspector may issue safety alerts
and instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 438
576 Amendment of s 736 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . 438
577 Amendment of s 744 (Inspector's additional entry power for
emergency or incident). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439
578 Amendment of s 746 (Authorised officer's additional entry
power for petroleum authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . 439
579 Amendment of s 769 (Testing seized things) . . . . . . . . . . . . . . . . 439
580 Amendment of s 780 (Power to give compliance direction) . . . . . 439
581 Amendment of s 781 (Requirements for giving compliance
direction) ....................................... 439
582 Amendment of s 802 (Restriction on pipeline construction or
operation) ................................... 440
583 Amendment of s 892 (Provisions for deciding application and
grant of petroleum lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440
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Greenhouse Gas Storage Bill 2008
Contents
584 Amendment of s 910 (Renewal application provisions apply for
making and deciding grant application) . . . . . . . . . . . . . . . . . . . . 440
585 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 440
Part 21 Amendment of Queensland Competition Authority Act 1997
586 Act amended in pt 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 442
587 Amendment of s 70 (Meaning of facility) . . . . . . . . . . . . . . . . . . . 443
Part 22 Amendment of Queensland Heritage Act 1992
588 Act amended in pt 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443
589 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 443
Part 23 Amendment of State Development and Public Works
Organisation Act 1971
590 Act amended in pt 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 444
591 Amendment of s 26 (Declaration of significant project) . . . . . . . . 444
592 Amendment of s 35 (Coordinator-General evaluates EIS,
submissions, other material and prepares report) . . . . . . . . . . . . 444
593 Amendment of s 35I (Coordinator-General's change report) . . . . 444
594 Amendment of pt 4, div 6, sdiv 1, hdg (Relationship for
non-code compliant environmental authority (petroleum
activities)) .................................... 445
595 Amendment of section 47B (Application of sdiv 1). . . . . . . . . . . . 445
596 Insertion of new pt 4, div 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445
Division 6B Relationship with Greenhouse Gas Storage
Act 2008
49D Application of div 6B. . . . . . . . . . . . . . . . . . . . . . . . . . 445
49E Application of Coordinator-General's report to
proposed lease. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446
597 Amendment of section 175A (EIS must not, under particular
other Acts, be required for PNG pipeline project). . . . . . . . . . . . . 446
Part 24 Amendment of Survey and Mapping Infrastructure Act 2003
598 Act amended in pt 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446
599 Amendment of s 21 (Power to place a permanent survey mark) . 446
Part 25 Amendment of Torres Strait Islander Land Act 1991
600 Act amended in pt 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
601 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 447
602 Amendment of s 128 (Creation of interests in transferable and
claimable land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
Part 26 Amendment of Valuation of Land Act 1944
603 Act amended in pt 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 448
604 Amendment of s 26 (Valuation of petroleum leases) . . . . . . . . . . 448
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Greenhouse Gas Storage Bill 2008
Contents
Part 27 Amendment of Water Supply (Safety and Reliability) Act
2008
605 Act amended in pt 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 449
606 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 449
Part 28 Amendment of Whistleblowers Protection Act 1994
607 Act amended in pt 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 449
608 Amendment of sch 2 (Offences endangering the environment) . . 449
Part 29 Amendment of Workplace Health and Safety Act 1995
609 Act amended in pt 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450
610 Amendment of s 3 (Application of Act) . . . . . . . . . . . . . . . . . . . . . 450
Schedule 1 Decisions subject to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . 451
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453
Page 36
2008
A Bill
for
An Act to facilitate greenhouse gas geological storage and to
amend the Aboriginal Land Act 1991, Coastal Protection and
Management Act 1995, Dangerous Goods Safety Management
Act 2001, Duties Act 2001, Electrical Safety Act 2002, Electricity
Act 1994, Environmental Protection Act 1994, Fire and Rescue
Service Act 1990, Foreign Ownership of Land Register Act
1988, Forestry Act 1959, Geothermal Exploration Act 2004,
Integrated Planning Act 1997, Land Act 1994, Land Protection
(Pest and Stock Route Management) Act 2002, Land Title Act
1994, Local Government Act 1993, Mineral Resources Act 1989,
Nature Conservation Act 1992, Petroleum Act 1923, Petroleum
and Gas (Production and Safety) Act 2004, Queensland
Competition Authority Act 1997, Queensland Heritage Act 1992,
State Development and Public Works Organisation Act 1971,
Survey and Mapping Infrastructure Act 2003, Torres Strait
Islander Land Act 1991, Valuation of Land Act 1944, Water
Supply (Safety and Reliability) Act 2008, Whistleblowers
Protection Act 1994 and the Workplace Health and Safety Act
1995
Greenhouse Gas Storage Bill 2008
Chapter 1 Preliminary
Part 1 Introduction
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
Part 1 Introduction 3
1 Short title 4
This Act may be cited as the Greenhouse Gas Storage Act 5
2008. 6
2 Commencement 7
Chapters 2 and 3 commence on a day to be fixed by 8
proclamation. 9
Part 2 Purposes and application of 10
Act 11
3 Purposes of Act and their achievement 12
(1) The main purpose of this Act is to help reduce the impact of 13
greenhouse gas emissions on the environment. 14
(2) The main purpose is achieved principally by facilitating the 15
process called greenhouse gas geological storage, also called 16
greenhouse gas storage (GHG storage). 17
(3) This Act facilitates GHG storage by-- 18
(a) providing for the granting of authorities (called `GHG 19
authorities') to explore for or use underground 20
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Greenhouse Gas Storage Bill 2008
Chapter 1 Preliminary
Part 2 Purposes and application of Act
[s 4]
geological formations or structures to store carbon 1
dioxide, or carry out related activities; and 2
(b) creating a regulatory system for the carrying out of 3
activities relating to GHG authorities. 4
(4) Other purposes of this Act are to ensure the following for the 5
carrying out of the activities-- 6
(a) minimisation of conflict with other land uses; 7
(b) constructive consultation with people affected by the 8
activities; 9
(c) appropriate compensation for owners or occupiers 10
adversely affected by the activities; 11
(d) responsible land and resource management. 12
4 Facilitation of Act by Petroleum and Gas (Production and 13
Safety) Act 2004 14
The Petroleum and Gas (Production and Safety) Act 2004 (the 15
P&G Act) also facilitates the operation of this Act by-- 16
(a) providing for survey licences under that Act to be able 17
to be granted for potential GHG stream pipelines; and 18
(b) providing for pipeline licences under that Act to be able 19
to be granted for GHG streams; and 20
(c) applying chapter 9 of that Act (the P&G Act safety 21
provisions) to particular authorised activities for GHG 22
authorities; and 23
(d) applying its provisions about investigations and some of 24
its provisions about enforcement to authorised activities 25
for GHG authorities. 26
5 Act binds all persons 27
(1) This Act binds all persons, including the State and to the 28
extent the legislative power of the Parliament permits, the 29
Commonwealth and the other States. 30
Page 39
Greenhouse Gas Storage Bill 2008
Chapter 1 Preliminary
Part 2 Purposes and application of Act
[s 6]
(2) However, the Commonwealth or a State can not be prosecuted 1
for an offence against this Act. 2
6 Application of Act to coastal waters of the State 3
(1) This Act applies to the coastal waters of the State as if the 4
coastal waters of the State were part of the State. 5
(2) However, this Act does not apply to the adjacent area under 6
the Petroleum (Submerged Lands) Act 1982. 7
Note-- 8
The definition of the adjacent area in the Petroleum (Submerged Lands) 9
Act 1982, section 4(1) is extended for pipelines under that Act, part 3, 10
division 4. The provisions effectively cover pipelines in the coastal 11
waters of the State. 12
7 Relationship with Nature Conservation Act 1992 13
This Act is subject to the Nature Conservation Act 1992, 14
sections 27 and 70QA. 15
Editor's note-- 16
Nature Conservation Act 1992, sections 27 (Prohibition on mining and 17
GHG storage activities) and 70QA (Prohibition on mining and GHG 18
storage activities in forest reserves) 19
8 Relationship with Geothermal Act and principal mining 20
and petroleum Acts 21
The relationship between this Act and the following Acts is 22
provided for under chapter 4, parts 2 to 8 and-- 23
(a) for the Geothermal Act--chapter 4, part 5 of that Act; 24
(b) for the Mineral Resources Act--part 7AAC of that Act; 25
(c) for the 1923 Act--section 40(1A) and part 6FA of that 26
Act; 27
(d) for the P&G Act--chapter 3A of that Act. 28
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Greenhouse Gas Storage Bill 2008
Chapter 1 Preliminary
Part 2 Purposes and application of Act
[s 9]
9 Act does not affect other rights or remedies 1
(1) Subject to sections 269 and 425 this Act does not affect or 2
limit a civil right or remedy that exists apart from this Act, 3
whether at common law or otherwise. 4
Editor's note-- 5
sections 269 (Responsibility for well after decommissioning), and 425 6
(Protection from liability for particular persons) 7
(2) Without limiting subsection (1), compliance with this Act 8
does not necessarily show that a civil obligation that exists 9
apart from this Act has been satisfied or has not been 10
breached. 11
(3) In addition, a breach of an obligation under this Act does not 12
of itself give rise to an action for breach of statutory duty or 13
another civil right or remedy. 14
(4) This Act does not limit a court's powers under the Penalties 15
and Sentences Act 1992 or another law. 16
10 Native title 17
(1) This section applies for applying this Act to land where native 18
title exists. 19
(2) A native title holder within the meaning of the Native Title Act 20
1993 (Cwlth), section 224 has the procedural and other rights 21
that the holder has under that Act. 22
(3) Subsection (2) applies despite any other provision of this Act. 23
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Greenhouse Gas Storage Bill 2008
Chapter 1 Preliminary
Part 3 Interpretation
[s 11]
Part 3 Interpretation 1
Division 1 Dictionary 2
11 Definitions 3
The dictionary in schedule 2 defines particular words used in 4
this Act. 5
Division 2 Key definitions 6
12 What is a GHG stream 7
(1) A GHG stream is a stream of carbon dioxide or a substance 8
that overwhelmingly consists of carbon dioxide. 9
(2) The stream may be in a gaseous or liquid state. 10
Note-- 11
The lawful use by a GHG tenure holder of any particular GHG stream for 12
injection or GHG stream storage is subject to requirements under chapters 13
2 and 3 and to approval of the relevant work program or development plan. 14
13 What is a GHG stream storage site 15
A GHG stream storage site is-- 16
(a) the spatial extent of an underground geological 17
formation or structure that is suitable to store a GHG 18
stream (a GHG storage reservoir); and 19
(b) the site at which a GHG stream is or may be injected 20
into the GHG storage reservoir. 21
14 What is GHG stream storage 22
(1) GHG stream storage is-- 23
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Greenhouse Gas Storage Bill 2008
Chapter 1 Preliminary
Part 3 Interpretation
[s 15]
(a) the process of injecting a GHG stream into a GHG 1
storage reservoir for the purpose of storing the injected 2
GHG stream in the reservoir; and 3
(b) monitoring the behaviour of the injected GHG stream in 4
the reservoir. 5
(2) To remove any doubt, it is declared that injecting a GHG 6
stream for the purpose of enhanced petroleum recovery 7
authorised under the 1923 Act or the P&G Act is not GHG 8
stream storage. 9
15 What is GHG storage exploration 10
GHG storage exploration is carrying out an activity for the 11
purpose of finding GHG stream storage sites. 12
16 What is GHG storage injection testing 13
GHG storage injection testing is the evaluation or testing of 14
an underground geological formation or structure for GHG 15
stream storage by injecting carbon dioxide or water into it. 16
17 What is a GHG stream pipeline 17
(1) A GHG stream pipeline is a pipe or system of pipes for 18
transporting a GHG stream for GHG stream storage. 19
(2) A reference to a GHG stream pipeline includes-- 20
(a) a part of the pipeline; and 21
(b) a thing connected to or associated with the pipeline that 22
is necessary for its operation. 23
Examples of things that may be included in a reference to a pipeline-- 24
· meter stations, scraper stations, valve stations, pumping stations or 25
compressor stations 26
· plant and equipment, machinery and tanks 27
· corrosion protection apparatus 28
· communications equipment and towers 29
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Chapter 1 Preliminary
Part 3 Interpretation
[s 18]
18 Types of authority under Act 1
(1) The types of authority under this Act are-- 2
(a) a GHG exploration permit (also called a GHG 3
permit)-- 4
(i) granted under section 40; or 5
Note-- 6
See also sections 431 (Conversion of Zerogen's P&G Act ATPs) 7
and 432 (New GHG permit for Zerogen). 8
(ii) continued in force under section 95 or 116; or 9
(iii) renewed under section 96; and 10
(b) a GHG injection and storage lease (also called a GHG 11
lease) granted under section 117 or 130; and 12
(c) a GHG injection and storage data acquisition 13
authority (also called a GHG data acquisition 14
authority) granted under section 235. 15
(2) GHG permits and GHG leases are collectively referred to as a 16
GHG tenure. 17
(3) All authorities under this Act are collectively referred to as a 18
GHG authority. 19
19 Who is an eligible person 20
An eligible person is-- 21
(a) an adult; or 22
(b) a company or a registered body under the Corporations 23
Act; or 24
(c) a government owned corporation. 25
20 What are the conditions of a GHG authority 26
(1) The conditions of a GHG authority are-- 27
(a) the conditions stated in it from time to time; and 28
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Chapter 1 Preliminary
Part 3 Interpretation
[s 21]
(b) the GHG authority holder's obligations under chapters 2 1
to 5; and 2
(c) any condition of the GHG authority under chapters 2 to 3
5; and 4
(d) a condition that the holder must ensure each person 5
acting for the holder who carries out an authorised 6
activity for the GHG authority complies with its 7
conditions to the extent they apply to the carrying out of 8
the activity. 9
Note-- 10
For who may carry out an authorised activity for the holder, see section 11
338 (Who may carry out authorised activity for GHG authority holder). 12
(2) A condition mentioned in subsection (1)(b) or (c) is a 13
mandatory condition of the GHG authority. 14
21 What are the provisions of a GHG authority 15
(1) A reference in this Act to a GHG authority includes a 16
reference to its provisions. 17
(2) A reference in this Act to the provisions of a GHG authority is 18
a reference to its mandatory or other conditions and anything 19
written in it. 20
22 What is an authorised activity for a GHG authority 21
An authorised activity, for a GHG authority, is an activity that 22
its holder is under this Act or the authority, entitled to carry 23
out in relation to the authority. 24
Notes-- 25
1 The provisions of the GHG authority may restrict the carrying out 26
of authorised activities. See sections 41, 97, 120, 236 and 379(3). 27
2 The carrying out of authorised activities is subject to the restrictions 28
and the holder's rights and obligations under chapters 2 to 5. See 29
section 337. 30
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Part 3 Interpretation
[s 23]
23 What is a GHG storage activity 1
A GHG storage activity is any authorised activity for any 2
GHG authority. 3
24 What is a work program for a GHG permit 4
(1) The work program for a GHG permit is its current initial or 5
later work program approved under chapter 2, part 4 as 6
amended from time to time under that part. 7
(2) For subsection (1), the work program is current if the period to 8
which the program applies has started and not ended. 9
25 What is a development plan for a GHG lease 10
(1) The development plan for a GHG lease is its current initial or 11
later development plan approved under chapter 3, part 5 as 12
amended from time to time under that part. 13
(2) For subsection (1), the development plan is current if the 14
period to which the plan applies has started and has not ended. 15
26 Graticulation of earth's surface into blocks and 16
sub-blocks 17
(1) A block is the land resulting from a notional division of the 18
earth's surface-- 19
(a) by 2 meridians of longitude 5 minutes apart, each 20
meridian being a multiple of 5 minutes of longitude 21
from the meridian of Greenwich; and 22
(b) by 2 parallels of latitude 5 minutes apart, each parallel 23
being a multiple of 5 minutes of latitude from the 24
equator. 25
(2) A sub-block is the land resulting from a notional division of a 26
block into 25 areas, each sub-block being bounded by 2 27
meridians 1 minute of longitude apart and 2 parallels of 28
latitude 1 minute of latitude apart. 29
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Chapter 1 Preliminary
Part 4 State ownership of GHG storage reservoirs
[s 27]
(3) Each block and sub-block must be identified in the way 1
approved by the chief executive. 2
Part 4 State ownership of GHG 3
storage reservoirs 4
27 GHG storage reservoirs the property of the State 5
(1) All GHG storage reservoirs in land in the State are and are 6
taken always to have been the property of the State. 7
(2) To remove any doubt, it is declared that-- 8
(a) a person does not acquire any property in a GHG storage 9
reservoir or petroleum in it only because the person 10
creates or discovers the reservoir; and 11
Note-- 12
For other provisions about the ownership of petroleum, see the 13
P&G Act, sections 26 to 28 and chapter 2, part 6, division 3. 14
(b) subsection (1) applies whether or not the land is 15
freehold or other land. 16
(3) This section applies despite any other Act, grant, title or other 17
document in force from the commencement of this section. 18
(4) In this section-- 19
the State does not include any of the adjacent area under the 20
Petroleum (Submerged Lands) Act 1982. 21
28 Reservation in land grants 22
(1) This section applies to each grant under another Act of a right 23
relating to land. 24
(2) This section applies whether the grant was made before or 25
after the commencement of this section. 26
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Part 4 State ownership of GHG storage reservoirs
[s 28]
(3) The grant is taken to contain a reservation to the State of-- 1
(a) all GHG storage reservoirs in the land, whenever 2
created; and 3
(b) the exclusive right to do the following in relation to the 4
land-- 5
(i) to enter and carry out any authority-related 6
activity; 7
(ii) to authorise under the provisions of this Act or 8
another Act others to carry out any 9
authority-related activity; 10
(iii) to regulate under the provisions of this Act or 11
another Act authority-related activities carried out 12
by others. 13
Note-- 14
See however, section 420 (Provision for entry by State to carry out 15
authority-related activity). 16
(4) In this section-- 17
authority-related activity means any activity that may be 18
carried out under this Act by the holder of any GHG authority. 19
grant, of a right, includes an authority, lease, licence, permit 20
or other instrument of tenure, however called. 21
Chapter 2 GHG exploration permits 22
Notes-- 23
1 For the requirement to have a GHG tenure, see section 386. 24
2 Chapter 4 imposes requirements for and restrictions on the granting 25
of, and restrictions on authorised activities that may be carried out 26
under, particular GHG tenures. See section 182. 27
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Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 1 Key authorised activities
[s 29]
Part 1 Key authorised activities 1
29 Operation of pt 1 2
This part provides for the key authorised activities for a GHG 3
permit. 4
Notes-- 5
1 For other authorised activities, see chapter 5, part 7, division 4 6
(Access to private land outside area of GHG authority) and part 12 7
(General provisions for conditions and authorised activities). 8
2 For general restrictions on authorised activities, their relationship 9
with owner's and occupiers' rights and who may carry out 10
authorised activities for a GHG authority holder, see chapter 5, part 11
12, division 3. 12
30 Principal authorised activities 13
The GHG permit holder may carry out the following activities 14
in the permit's area-- 15
(a) GHG storage exploration; 16
(b) evaluating the feasibility of GHG stream storage, 17
including for example, by GHG storage injection 18
testing. 19
31 Incidental activities 20
(1) The GHG permit holder may carry out any other activity (an 21
incidental activity) in the permit's area if carrying it out is 22
reasonably necessary for or is incidental to GHG storage 23
exploration. 24
Examples of incidental activities-- 25
1 constructing or operating facilities, plant or works, including for 26
example, communication systems, compressors, powerlines, 27
pumping stations, reservoirs, roads, evaporation or storage ponds 28
and tanks 29
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Chapter 2 GHG exploration permits
Part 2 Obtaining GHG permits
[s 32]
2 constructing or using temporary structures or structures of an 1
industrial or technical nature, including for example, mobile and 2
temporary camps 3
(2) However, constructing or using a structure other than a 4
temporary structure, for office or residential accommodation 5
is not an incidental activity. 6
Note-- 7
For development generally, see the Integrated Planning Act 1997, 8
chapter 3 (Integrated development assessment system (IDAS)) and 9
schedule 9 (Development that is exempt from assessment against a 10
planning scheme). 11
Part 2 Obtaining GHG permits 12
Division 1 Preliminary 13
32 Operation of pt 2 14
(1) This part provides for a process for the granting of GHG 15
permits by competitive tender. 16
(2) To remove any doubt, it is declared that a GHG permit can 17
only be granted under this part. 18
Division 2 Competitive tenders 19
33 Call for tenders 20
(1) The Minister may by gazette notice invite tenders for a GHG 21
permit (a call for tenders). 22
(2) The call must state-- 23
(a) the day and time by which tenders in response to it must 24
be made (the closing time for the call); and 25
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Greenhouse Gas Storage Bill 2008
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Part 2 Obtaining GHG permits
[s 34]
(b) any criteria (special criteria) other than the work 1
program criteria and capability criteria proposed to be 2
used to decide whether to grant the GHG permit or to 3
decide its provisions 4
(3) The call may state other relevant matters, including for 5
example, matters relevant to the work program criteria and 6
capability criteria. 7
34 Right to tender 8
(1) Any person may by a tender made under section 35, tender for 9
a proposed GHG permit the subject of a call for tenders. 10
Note-- 11
See however section 40(2) (Deciding whether to grant GHG permit). 12
(2) However, a tender can not be made-- 13
(a) after the closing time for the call; or 14
(b) for only part of the proposed GHG permit's area. 15
35 Requirements for making tender 16
A tender for a GHG permit must-- 17
(a) be made to the Minister in the approved form; and 18
(b) include-- 19
(i) a statement about how and when the tenderer 20
proposes to consult with and keep informed each 21
owner and occupier of private or public land on 22
which authorised activities for the proposed GHG 23
permit are or are likely to be carried out; and 24
(ii) a proposed work program that complies with the 25
initial work program requirements; and 26
(iii) a verification statement that complies with section 27
36; and 28
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Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 2 Obtaining GHG permits
[s 36]
(c) state that the applicant agrees to, as soon as practicable 1
after the grant of the GHG permit to the applicant, give 2
each of the owners or occupiers a notice-- 3
(i) describing the activities proposed to be carried out 4
on the land; and 5
(ii) stating where and when the activities will be 6
carried out; and 7
(d) be accompanied by the fee prescribed under a 8
regulation. 9
36 Requirements for verification statement 10
For section 35(b)(iii), a verification statement must-- 11
(a) be made by an appropriately qualified independent 12
person; and 13
(b) verify that in the person's opinion the tenderer has-- 14
(i) the financial and technical resources to carry out 15
GHG storage exploration under the proposed GHG 16
permit; and 17
(ii) the ability to manage the GHG storage exploration. 18
37 Right to terminate call for tenders 19
(1) The Minister may by gazette notice terminate a call for 20
tenders at any time before deciding whether to grant a GHG 21
permit to a person who has made a tender in response to the 22
call. 23
(2) All tenders in response to the call lapse when the call is 24
terminated. 25
(3) No amount, whether by way of compensation, reimbursement 26
or otherwise, is payable by the State to any person for or in 27
connection with the termination. 28
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Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 2 Obtaining GHG permits
[s 38]
Division 3 Deciding tenders 1
38 Process for deciding tenders 2
Subject to section 42, any process the Minister considers 3
appropriate may be used to decide a call for tenders, including 4
for example, by a process appointing a preferred tenderer on 5
the tenders made in response to the call. 6
39 Provisions for preferred tenderers 7
(1) The Minister may require a preferred tenderer for the call for 8
tenders to-- 9
(a) pay any amounts necessarily incurred or to be incurred 10
to enable the GHG permit to be granted; and 11
(b) to do all or any of the following within a stated 12
reasonable period-- 13
(i) pay the annual rent for the first year of the GHG 14
permit; 15
(ii) give under section 271, security for the GHG 16
permit. 17
(2) If a preferred tenderer does not-- 18
(a) comply with a requirement under subsection (1); or 19
(b) do all things reasonably necessary to allow a GHG 20
permit to be granted to the tenderer; 21
the Minister may appoint another tenderer to be the preferred 22
tenderer. 23
40 Deciding whether to grant GHG permit 24
(1) The Minister may, after the closing time for the call for 25
tenders-- 26
(a) grant a GHG permit to 1 tenderer; or 27
(b) refuse to grant any GHG permit. 28
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Part 2 Obtaining GHG permits
[s 41]
(2) However-- 1
(a) before deciding to grant the GHG permit, the Minister 2
must decide whether to approve the applicant's 3
proposed initial work program for the permit; and 4
(b) the Minister can not grant the GHG permit unless-- 5
(i) the tenderer is an eligible person; and 6
(ii) the proposed program has been approved; and 7
(iii) a relevant environmental authority has been issued. 8
41 Provisions of GHG permit 9
(1) Each GHG permit must state its term and area. 10
(2) The term-- 11
(a) must be for at least the required program period for the 12
initial work program for the GHG permit under the call 13
for tenders; but 14
(b) must end no later than 12 years after the GHG permit 15
takes effect. 16
(3) The GHG permit may also state-- 17
(a) conditions or other provisions of the GHG permit other 18
than conditions or provisions that are-- 19
(i) inconsistent with the mandatory conditions for 20
GHG permits; or 21
(ii) the same as or substantially the same as or 22
inconsistent with any relevant environmental 23
condition; and 24
(b) the day it takes effect; and 25
(c) GHG permit's relinquishment days. 26
(4) However, the provisions of the GHG permit may exclude or 27
restrict the carrying out of an authorised activity for the 28
permit. 29
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Part 2 Obtaining GHG permits
[s 42]
(5) The day of effect must not be before the day the GHG permit 1
is granted. 2
(6) If no day of effect is stated, the GHG permit takes effect on 3
the day it is granted. 4
(7) The first relinquishment day must not be later than 4 years 5
after the day the GHG permit is to take effect. 6
(8) The second and any later relinquishment days must not be 7
later than 4 years after the previous relinquishment day. 8
(9) If relinquishment days are not stated, they are taken to be-- 9
(a) the day that is the fourth anniversary of the GHG 10
permit's day of effect; and 11
(b) each day during its term that is the end of a 4 yearly 12
interval after the day of effect. 13
42 Criteria for decisions 14
(1) In deciding whether to grant a GHG permit or deciding its 15
provisions the Minister must consider-- 16
(a) any special criteria; and 17
(b) the applicant's proposed initial work program; and 18
(c) the extent to which the Minister is of the opinion that the 19
tenderer is capable of carrying out authorised activities 20
for the GHG permit, having regard to the tenderer's-- 21
(i) financial and technical resources; and 22
(ii) ability to manage GHG storage exploration. 23
(2) The matters mentioned in subsection (1)(c) are the capability 24
criteria. 25
(3) A person satisfies the capability criteria if the Minister forms 26
the opinion mentioned in subsection (1)(c). 27
43 Notice to unsuccessful tenderers 28
After a call for tenders has been decided, the Minister must 29
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Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 3 Area provisions
[s 44]
give each tenderer not granted the GHG permit notice of the 1
decision. 2
Part 3 Area provisions 3
44 Area of GHG permit 4
(1) This section provides for the area of a GHG permit. 5
(2) The area does not include excluded land for the GHG permit. 6
(3) Unless the Minister otherwise decides, the area must form a 7
single parcel of land. 8
(4) The area must not include any of the following (unavailable 9
land)-- 10
(a) land in the area of another GHG tenure; 11
(b) excluded land for a GHG tenure; 12
(c) land that a regulation prescribes as land over which a 13
GHG permit can not be granted. 14
(5) The area may include a part of a block only if the part is all 15
areas within the block that are left after taking away all 16
unavailable land within the block (a residual block). 17
(6) The area must be no more than 100 blocks or residual blocks, 18
in any combination. 19
45 References to sub-blocks of GHG permit 20
(1) This section applies if a GHG permit states that its area 21
includes land within a block without including or excluding 22
any particular sub-block. 23
(2) The reference to the block is a reference to all sub-blocks 24
within the block to the extent they do not consist of 25
unavailable land. 26
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Chapter 2 GHG exploration permits
Part 3 Area provisions
[s 46]
(3) To remove any doubt, it is declared that if land within any of 1
the sub-blocks ceases to be unavailable land, the cessation 2
itself does not cause the land to be within the permit's area. 3
46 Minister's power to decide excluded land 4
(1) The Minister may decide excluded land for a GHG permit or 5
proposed GHG permit. 6
(2) However, the power under subsection (1) may be exercised 7
only when the Minister is deciding whether to-- 8
(a) grant or renew the GHG permit; or 9
(b) approve any later work program for the GHG permit. 10
(3) However, excluded land can not be a whole block. 11
(4) Excluded land may be described in a way the Minister 12
considers appropriate, including for example, by area or by 13
reference to a stated type of land. 14
(5) Land ceases to be excluded land for a GHG permit if-- 15
(a) the block in which the land is located is relinquished or 16
for any other reason ceases to be in the permit's area; or 17
(b) a GHG lease is granted over any of the GHG permit's 18
area and the land is excluded land for the lease. 19
47 Minister may add excluded land 20
(1) The Minister may amend a GHG permit by adding excluded 21
land for the GHG permit to its area only if-- 22
(a) the GHG permit as amended complies with section 44; 23
and 24
(b) the GHG permit holder consents. 25
(2) If land mentioned in subsection (1) is added to the GHG 26
permit's area the land ceases to be excluded land for the 27
permit. 28
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Chapter 2 GHG exploration permits
Part 3 Area provisions
[s 48]
(3) The Minister may amend the provisions of the GHG permit in 1
a way that reflects the inclusion of the excluded land. 2
(4) Also, the Minister may give the GHG permit holder a 3
notice-- 4
(a) withdrawing from a stated day, the approval of the work 5
program for the GHG permit; and 6
(b) directing the holder to give the Minister a proposed later 7
work program for the GHG permit that-- 8
(i) complies with the later work program 9
requirements; and 10
(ii) changes the work program for the GHG permit to 11
reflect the inclusion of the excluded land. 12
(5) The amended provisions of the GHG permit or the proposed 13
later work program must not be-- 14
(a) inconsistent with the mandatory conditions for GHG 15
permits; or 16
(b) the same as or substantially the same as or inconsistent 17
with any relevant environmental condition. 18
48 Area of GHG permit reduced on grant of GHG 19
lease 20
(1) Land ceases to be included in the area of a GHG permit if a 21
GHG lease is granted to the permit holder over the land. 22
(2) If a GHG lease is granted to the GHG permit holder over all of 23
the area of a GHG permit, the permit ends. 24
49 Effect of ending of declaration of potential storage area 25
(1) This section applies if-- 26
(a) all or part of the area of a GHG permit is a potential 27
storage area; and 28
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Chapter 2 GHG exploration permits
Part 4 Work programs
[s 50]
(b) the declaration of the potential storage area ends more 1
than 12 years after the GHG permit originally took 2
effect. 3
(2) If the declaration applied to a part of the GHG permit's area, 4
the part ceases to be included in the area. 5
(3) If the declaration applies to all of the GHG permit's area, the 6
permit ends. 7
Part 4 Work programs 8
Division 1 Function and purpose 9
50 Function and purpose 10
(1) The work program for a GHG permit gives detailed 11
information about the nature and extent of activities to be 12
carried out under the permit. 13
(2) The purposes of giving the information are to-- 14
(a) allow resource management decisions to be made; and 15
(b) ensure appropriate development of the GHG permit. 16
Division 2 Requirements for proposed initial 17
work programs 18
51 Operation of div 2 19
This division provides for requirements (the initial work 20
program requirements) for a proposed work program for a 21
proposed GHG permit. 22
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Chapter 2 GHG exploration permits
Part 4 Work programs
[s 52]
52 Program period 1
(1) The proposed program must state its period. 2
(2) The period must be the same as the required period under the 3
relevant call for tenders. 4
53 General requirements 5
(1) The proposed program must provide for all of the following-- 6
(a) an overview of the activities proposed to be carried out 7
under the proposed GHG permit during all of its term; 8
(b) for each year of the program period-- 9
(i) the extent and nature of GHG storage exploration 10
proposed to be carried out during the year; and 11
(ii) generally where the activities are proposed to be 12
carried out; and 13
(iii) the estimated cost of the activities; 14
(c) maps that show where the activities are proposed to be 15
carried out; 16
(d) the composition of GHG streams proposed to be 17
injected under the GHG permit; 18
(e) a description of any pipeline land for the GHG permit; 19
(f) reasons why the program is considered appropriate; 20
(g) another matter prescribed under a regulation. 21
(2) The proposed program may include any other information 22
relevant to the work program criteria. 23
(3) The composition of GHG streams to be injected under the 24
proposed GHG permit must comply with section 83. 25
(4) A regulation may impose requirements about the form of the 26
work program. 27
(5) In this section-- 28
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Chapter 2 GHG exploration permits
Part 4 Work programs
[s 54]
year, of the program period, means-- 1
(a) the period starting on the day the program period starts 2
and ending on the first anniversary of that day; and 3
(b) each subsequent period of 12 months or less during the 4
program period starting on each anniversary of that day 5
and ending on-- 6
(i) the next anniversary of that day; or 7
(ii) if the program period ends before the next 8
anniversary--the day the program period ends. 9
54 Water issues 10
(1) In preparing the proposed work program, the proposed GHG 11
permit holder must have regard to potential groundwater 12
issues. 13
(2) The proposed work program must include a plan for the 14
treatment and disposal of any water taken or that may be taken 15
because of the carrying out of authorised activities for the 16
proposed GHG permit. 17
Division 3 Approval of proposed initial work 18
programs 19
Note-- 20
For the requirement for approval of an initial work program, see section 21
40 (Deciding whether to grant GHG permit). 22
55 Criteria 23
(1) In deciding whether to approve a proposed initial work 24
program the Minister must consider-- 25
(a) the potential of the proposed area of the GHG permit for 26
GHG storage exploration; and 27
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Part 4 Work programs
[s 56]
(b) the extent and nature of and when and where the 1
tenderer proposes to carry out the proposed GHG 2
storage exploration; and 3
(c) any relevant authorisation required under the Water Act. 4
(2) The matters mentioned in subsection (1) are the work 5
program criteria. 6
56 Verification may be required 7
(1) The Minister may by notice require the applicant to give the 8
Minister within a stated reasonable period a document made 9
by an appropriately qualified independent person that 10
verifies-- 11
(a) an assessment of data supplied in the proposed initial 12
work program; or 13
(b) the source of the data; or 14
(c) the work done for the proposed program. 15
(2) If the applicant does not comply with the requirement, the 16
Minister may refuse to approve the proposed program. 17
(3) The applicant must pay any costs incurred in complying with 18
the requirement. 19
57 Referral to Water Act Minister 20
The Minister can not approve the proposed work program 21
unless-- 22
(a) the Minister has given the Water Act Minister a copy of 23
the proposed work program; and 24
(b) the Water Act Minister has approved the proposed work 25
program to the extent it relates to potential groundwater 26
issues. 27
Page 62
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 4 Work programs
[s 58]
Division 4 Requirements for proposed later 1
work programs 2
58 Operation of div 4 3
This division provides for requirements (the later work 4
program requirements) for a proposed later work program for 5
a GHG permit. 6
Note-- 7
For the requirements to give a proposed later work program, see 8
sections 91 (Obligation to give proposed later work program), 138 9
(Minister may add excluded land) and 379 (Types of noncompliance 10
action that may be taken). 11
59 General requirements 12
The proposed program must-- 13
(a) other than for the program period, comply with the 14
initial work program requirements; and 15
(b) state the extent to which the current work program for 16
the GHG permit has been complied with; and 17
(c) if there have been any amendments to the GHG permit 18
or the current work program, state-- 19
(i) whether the changes have been incorporated in the 20
proposed program; and 21
(ii) any effect the changes have on the proposed 22
program; and 23
(d) state the effect of the discovery of any GHG stream 24
storage site on the proposed program. 25
60 Program period 26
(1) The proposed program must state its period. 27
(2) The period must not be longer than-- 28
Page 63
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 4 Work programs
[s 61]
(a) if the term of the rest, or the renewed term, of the GHG 1
permit is less than 4 years--the rest of its term or 2
renewed term; or 3
(b) if the term of the rest, or the renewed term, of the GHG 4
permit is 4 years or more, the following-- 5
(i) generally--4 years from the start of the period; 6
(ii) if the Minister approves a longer period--the 7
longer period. 8
(3) However, the Minister can not approve a period longer than 9
the rest of the term or renewed term of the GHG permit. 10
61 Implementation of evaluation program for potential 11
storage area 12
If under section 103, an evaluation program is taken to be an 13
additional part of the existing work program for the GHG 14
permit, the proposed program must include work necessary to 15
implement the evaluation program for the period of that 16
program. 17
Division 5 Approval of proposed later work 18
programs 19
62 Application of div 5 20
This division applies if, under this Act, a proposed later work 21
program is given to the Minister for approval. 22
63 GHG permit taken to have work program until decision on 23
whether to approve proposed work program 24
(1) This section applies until-- 25
(a) if the approval is given--the holder is given notice of 26
the approval; or 27
(b) if the approval is refused--when the refusal takes effect. 28
Page 64
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 4 Work programs
[s 64]
(2) Despite the ending of the program period for the current work 1
program for the GHG permit-- 2
(a) the GHG permit is taken to have a work program; and 3
(b) the holder may carry out any authorised activity for the 4
GHG permit. 5
64 Deciding whether to approve proposed program 6
(1) The Minister may approve or refuse to approve the proposed 7
program. 8
(2) In deciding whether to approve the proposed program the 9
Minister must consider each of the following-- 10
(a) the work program criteria and capability criteria and any 11
special criteria that applied for deciding the application 12
for the GHG permit; 13
(b) the extent to which the current work program has been 14
complied with; 15
(c) any amendments made to the GHG permit or its current 16
work program and the reasons for the changes; 17
(d) any GHG storage viability report or independent 18
viability assessment for the GHG permit. 19
(3) Also, if the GHG permit was granted in response to a tender, 20
any other work program proposed by other tenderers for the 21
permit must be considered. 22
(4) However, subsection (3) applies only to the extent the other 23
program includes the period of the proposed plan. 24
65 Steps after, and taking effect of, decision 25
(1) If the Minister decides to approve the proposed later work 26
program, the Minister must give the holder notice of the 27
decision. 28
Page 65
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 4 Work programs
[s 66]
(2) If the Minister decides to refuse to approve the later work 1
program, the Minister must give the holder an information 2
notice about the decision. 3
(3) An approval takes effect when the holder is given the notice or 4
if the notice states a later day of effect, on that later day. 5
(4) A refusal does not take effect until the end of the appeal 6
period for the decision to refuse. 7
Division 6 Amending work programs 8
66 Restrictions on amending work program 9
(1) A GHG permit holder may amend the work program for the 10
permit only if-- 11
(a) an application for approval of the amendment has been 12
made under this division and the amendment has been 13
approved under this division; and 14
(b) if the amendment is to extend the period of the work 15
program--the requirements under subsection (2) have 16
been complied with. 17
(2) For subsection (1)(b), the requirements are each of the 18
following-- 19
(a) if the work program is the initial work program for the 20
GHG permit--the Minister must be satisfied the work 21
program needs to be amended for a reason beyond the 22
holder's control; 23
(b) the period of the work program, or any earlier work 24
program for the GHG permit, must not have previously 25
been extended; 26
(c) the extension can not be for a term that ends later than-- 27
(i) 1 year after the current period of the work 28
program; or 29
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Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 4 Work programs
[s 67]
(ii) 12 years after the GHG permit originally took 1
effect; 2
(d) within 3 months before the making of the application-- 3
(i) a person (the designated person) became a holder 4
of the GHG permit; or 5
(ii) a person (also the designated person) obtained 6
registration of a transfer of a share in the GHG 7
permit; 8
(e) the share or proposed share of the designated person in 9
the GHG permit is at least 50%; 10
(f) the designated person is not under the Corporations Act, 11
section 64B, an entity connected with another person 12
who is a holder of the GHG permit. 13
67 Applying for approval to amend 14
(1) A GHG permit holder may apply for approval to amend the 15
work program for the permit. 16
(2) However, the application can not be made less than 20 17
business days before the end of the period stated in the work 18
program for carrying out work under the program. 19
(3) Subsection (2) does not apply if the Minister is satisfied the 20
work program needs to be amended for a reason beyond the 21
holder's control. 22
68 Requirements for making application 23
The application must be-- 24
(a) made to the Minister in the approved form; and 25
(b) accompanied by the fee prescribed under a regulation. 26
69 Deciding application 27
(1) If the proposed amendment-- 28
Page 67
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 4 Work programs
[s 69]
(a) does not relate to the initial work program for the GHG 1
permit; and 2
(b) is to substitute the carrying out of an authorised activity 3
(the original activity) with another authorised activity; 4
the Minister may approve the amendment only if satisfied the 5
other activity is at least of an equivalent use for GHG storage 6
exploration as the original activity. 7
(2) If the application is to extend the period of the work program 8
for the GHG permit, the Minister may approve the 9
amendment only if satisfied-- 10
(a) the requirements under section 66(2) have been 11
complied with; and 12
(b) the designated person mentioned in section 66(2) is 13
likely to provide additional financial or technical 14
resources for the GHG permit; and 15
(c) the work program will be finished within the period of 16
the extension. 17
Note-- 18
For additional provisions about relinquishment if the period is extended, 19
see sections 72(1)(c) and 90. 20
(3) Otherwise, the Minister may approve the amendment only if 21
satisfied it is necessary because of a circumstance-- 22
(a) not related to-- 23
(i) the applicant's financial or technical resources or 24
ability to manage GHG storage exploration; or 25
(ii) the results of exploration; and 26
(b) the happening of which is or was beyond the applicant's 27
control; and 28
(c) that could not have been prevented by a reasonable 29
person in the applicant's position. 30
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Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 5 Key mandatory conditions
[s 70]
(4) Also, if the amendment is approved under subsection (3), any 1
relinquishment day for the GHG permit may be deferred for a 2
period relating to a circumstance mentioned in subsection (3). 3
(5) A deferral under subsection (4)-- 4
(a) can not be for longer than 12 years after the GHG permit 5
took effect; and 6
(b) does not defer any later relinquishment day for the GHG 7
permit. 8
(6) If under this section an amendment is approved, a condition 9
may be imposed on the GHG permit requiring its holder to 10
relinquish by a notice to the chief executive at least a stated 11
percentage of the permit's area on or before a stated day. 12
70 Steps after, and taking effect of, decision 13
(1) If the Minister decides to approve the proposed amendment, 14
the Minister must give the holder notice of the decision. 15
(2) If the Minister decides to refuse to approve the proposed 16
amendment, the Minister must give the applicant an 17
information notice about the decision. 18
(3) The refusal takes effect when the holder is given the notice or 19
if the notice states a later day of effect, on that later day. 20
Part 5 Key mandatory conditions 21
Division 1 Preliminary 22
71 Operation of pt 5 23
This part provides for particular mandatory conditions for 24
GHG permits. 25
Page 69
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 5 Key mandatory conditions
[s 72]
Division 2 Standard relinquishment condition 1
and related provisions 2
72 Standard relinquishment condition 3
(1) It is a condition (the relinquishment condition) of each GHG 4
permit that its holder must relinquish part of its area as 5
provided for under this division-- 6
(a) on or before each of its relinquishment days; and 7
(b) if section 76(3) applies--on the day provided for under 8
that subsection; and 9
(c) if under part 4, division 6, the period of the work 10
program for the GHG permit has been extended--the 11
day on which the extended period ends. 12
(2) However, if under section 69(4), a relinquishment day for the 13
GHG permit (the original day) is deferred for a stated period, 14
for the relinquishment condition-- 15
(a) the relinquishment that was required on or before the 16
original day is taken to have been deferred until the end 17
of the stated period; but 18
(b) the relinquishments required under the relinquishment 19
condition on any later relinquishment days for the GHG 20
permit must be made as if the deferral has not been 21
granted. 22
(3) A relinquishment required under the relinquishment 23
condition-- 24
(a) must be made by notice to the chief executive (a 25
relinquishment notice); and 26
(b) takes effect on the day after lodgment under paragraph 27
(a). 28
(4) This section does not prevent the holder from relinquishing by 29
relinquishment notice more than the part provided for under 30
this division. 31
Page 70
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 5 Key mandatory conditions
[s 73]
73 Consequence of failure to comply with relinquishment 1
condition 2
(1) If the holder of a GHG permit does not comply with the 3
relinquishment condition, the Minister must give the holder a 4
notice requiring the holder to comply with the condition 5
within 20 business days after the giving of the notice. 6
(2) If the holder does not comply with the requirement, the GHG 7
permit is cancelled. 8
74 Part usually required to be relinquished 9
(1) This section applies for the relinquishment for-- 10
(a) each relinquishment day for the GHG permit; and 11
(b) any other day mentioned in section 72(1)(b) or (c) that 12
applies to the GHG permit. 13
(2) The relinquishment must have the effect that by the day at 14
least 8.33% of the original sub-blocks of the permit have been 15
relinquished for each year that has passed since the GHG 16
permit originally took effect. 17
(3) This section is subject to sections 76 and 77. 18
75 Sub-blocks that can not be counted towards 19
relinquishment 20
(1) The following can not be counted as sub-blocks relinquished 21
for the relinquishment condition-- 22
(a) sub-blocks relinquished under a condition imposed 23
under section 69(6); 24
(b) sub-blocks in an area that under section 48, have ceased 25
to be included in the GHG permit; 26
(c) the mere declaration of the sub-blocks as a potential 27
storage area for the GHG permit; 28
(d) sub-blocks the subject of an application for a GHG lease 29
or potential storage area; 30
Page 71
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 5 Key mandatory conditions
[s 76]
(e) sub-blocks relinquished under a penalty relinquishment. 1
(2) To remove any doubt, it is declared that a potential storage 2
area can be relinquished and can be counted as an area 3
relinquished for the relinquishment condition. 4
(3) In this section-- 5
penalty relinquishment means a relinquishment that is-- 6
(a) made under section 90 or under a requirement under 7
section 379(1)(b); and 8
(b) more than the sub-blocks required to be relinquished 9
under the relinquishment condition. 10
76 Adjustments for sub-blocks that can not be counted 11
(1) This section applies for a relinquishment day if after taking 12
away all sub-blocks that under section 75 can not be counted 13
for the relinquishment condition, the balance of the 14
sub-blocks of the GHG permit is less than the sub-blocks 15
required to be relinquished under section 74. 16
(2) The relinquishment condition is taken to have been complied 17
with if the GHG permit holder gives a relinquishment notice 18
for all of the balance. 19
(3) However, if-- 20
(a) a sub-block not counted for the relinquishment 21
condition was the subject of an application for a GHG 22
lease or potential storage area; and 23
(b) the result of the application is that it is refused; 24
the GHG permit holder must within 20 business days after the 25
appeal period for the decision to refuse give a relinquishment 26
notice for that sub-block. 27
77 Adjustment for particular potential storage areas 28
If the only way to comply with the relinquishment condition is 29
to relinquish all or part of a potential storage area for the GHG 30
Page 72
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 5 Key mandatory conditions
[s 78]
permit, the relinquishment condition is taken to be complied 1
with if all remaining original sub-blocks of the permit are 2
relinquished. 3
78 Relinquishment must be by blocks 4
(1) A relinquishment under the relinquishment condition can only 5
be by blocks. 6
(2) However, if a block contains an area that, under section 75 can 7
not be counted as a relinquishment, subsection (1) is complied 8
with if all of the rest of the land within the block is 9
relinquished. 10
79 Ending of GHG permit if all of its area relinquished 11
If all of the area of a GHG permit is relinquished, the permit 12
ends. 13
Division 3 Other mandatory conditions 14
80 Compliance with test plan for GHG storage injection 15
testing 16
(1) A GHG permit holder may carry out GHG storage injection 17
testing only in accordance with the following-- 18
(a) a test plan for that purpose approved by the Minister; 19
(b) all conditions of the approval. 20
(2) The holder may ask the Minister to approve a test plan 21
proposed by the holder. 22
(3) The proposed test plan must comply with any requirements 23
prescribed under a regulation. 24
(4) The Minister may impose conditions on the granting of the 25
approval. 26
Page 73
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 5 Key mandatory conditions
[s 81]
(5) If the Minister decides to refuse to approve the proposed test 1
plan or to impose conditions on the granting of the approval, 2
the Minister must give the holder an information notice about 3
the decision. 4
81 Restriction on substances that may be used for GHG 5
storage injection testing 6
A GHG permit holder can not use a substance other than a 7
GHG stream or water for injection for GHG storage. 8
82 Restriction on substances that may be used for GHG 9
stream storage 10
A GHG permit holder can not use a substance other than a 11
GHG stream for GHG stream storage. 12
83 Restriction on GHG streams that may be used 13
A GHG permit holder may use a GHG stream for GHG 14
storage injection testing or GHG stream storage only if it 15
consists only of carbon dioxide and-- 16
(a) a substance incidentally derived from-- 17
(i) the process called carbon dioxide capture, 18
transport and geological storage, also called carbon 19
capture and storage; or 20
(ii) GHG storage; or 21
(b) a detection agent prescribed under a regulation at the 22
rate or concentration prescribed under a regulation. 23
Note-- 24
A stream is a GHG stream only if is a stream of carbon dioxide or a 25
substance that overwhelmingly consists of carbon dioxide. See section 26
12 (What is a GHG stream). 27
Page 74
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 5 Key mandatory conditions
[s 84]
84 Water Act authorisation required for taking or 1
interference with water 2
A GHG permit holder can not take or interfere with water as 3
defined under the Water Act unless the taking or interference 4
is authorised under that Act. 5
Note-- 6
For relevant Water Act provisions, see sections 19 and 808 of that Act. 7
85 Obligation to consult with particular owners and 8
occupiers 9
(1) A GHG permit holder must consult or use reasonable 10
endeavours to consult with each owner and occupier of private 11
or public land on which authorised activities for the permit are 12
or are likely to be carried out. 13
(2) The consultation must be about the carrying out of authorised 14
activities for the GHG permit (including for example, crossing 15
access land for the permit) to the extent they relate to the 16
owners and occupiers. 17
(3) The consultation must be carried out in the way and at the 18
times-- 19
(a) provided for in the GHG permit; or 20
(b) if the GHG permit does not provide for how the 21
consultation must be carried out--approved by the 22
Minister. 23
(4) This section does not limit chapter 5, parts 7 and 8. 24
(5) A failure to comply with this section does not prevent 25
authorised activities for the GHG permit from being carried 26
out. 27
86 Annual rent 28
(1) A GHG permit holder must pay the State the annual rent as 29
prescribed under a regulation. 30
Page 75
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 5 Key mandatory conditions
[s 87]
(2) The annual rent must be paid in the way, and on or before the 1
day prescribed under a regulation. 2
87 Civil penalty for nonpayment of annual rent 3
(1) If a GHG permit holder does not pay the annual rent as 4
required under section 86, the holder must also pay the State a 5
civil penalty. 6
(2) The amount of the penalty is 15% of the rent. 7
(3) The penalty-- 8
(a) must be paid on the day after the last day for payment of 9
the rent; and 10
(b) is still payable even if the holder later pays the rent. 11
Note-- 12
See also section 372 (Interest on amounts owing to the State). 13
88 Requirement to have work program 14
The holder of a GHG permit must have a work program for 15
the permit. 16
89 Compliance with GHG storage exploration activities in 17
work program 18
A GHG permit holder must carry out the GHG storage 19
exploration activities proposed in the permit's work program. 20
90 Penalty relinquishment if work program not finished 21
within extended period 22
(1) If-- 23
(a) under part 4, division 6, the period of the work program 24
for a GHG permit has been extended; and 25
(b) the work program is not finished on or before the day on 26
which the extended period ends; 27
Page 76
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 5 Key mandatory conditions
[s 91]
its holder must relinquish a part of the original sub-blocks of 1
the GHG permit that the Minister is satisfied corresponds to 2
the amount of the work under the work program that was not 3
finished. 4
(2) The holder must give the chief executive written notice of the 5
relinquishment within 20 business days after the end of the 6
extended period. 7
(3) If the holder does not comply with subsection (2), the 8
Minister may take action under section 379(1)(b). 9
91 Obligation to give proposed later work program 10
(1) This section imposes an obligation on a GHG permit holder to 11
give the Minister a proposed later work program for the 12
permit. 13
Notes-- 14
1 For approval of the proposed program, see part 4, division 5. 15
2 If the holder wishes to renew the GHG permit, a proposed later 16
work program must be included in the renewal application. See 17
section 94(1). 18
(2) The obligation is complied with only if the proposed later 19
work program-- 20
(a) complies with the later work program requirements; and 21
(b) is accompanied by the relevant fee. 22
(3) A proposed later work program must be given to the Minister 23
at least 40 but no more than 100 business days before the end 24
of the program period for the current work program for the 25
GHG permit (the current work program period). 26
(4) However, if before the end of the current work program period 27
a decision is made to refuse to approve a proposed later work 28
program given under subsection (3), the holder may within the 29
period give another proposed later work program. 30
(5) If the holder does not give the Minister any proposed later 31
work program before the end of the current work program 32
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Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 5 Key mandatory conditions
[s 92]
period or if subsection (4) applies and the holder has not given 1
the Minister another proposed later work program within the 2
current work program period-- 3
(a) the Minister must give the holder a notice requiring the 4
holder to give the Minister a proposed later work 5
program for the GHG permit within 40 business days 6
after the giving of the notice; and 7
(b) the holder must comply with the requirement. 8
(6) In this section-- 9
relevant fee, for the giving of the proposed program, means-- 10
(a) if the proposed program is given within the time 11
required under subsection (3)--the fee prescribed under 12
a regulation; or 13
(b) if the proposed program is given after the time required 14
under subsection (3)-- 15
(i) if it is given under subsection (4)--nil; or 16
(ii) if it is not given under subsection (4)--an amount 17
that is 10 times the prescribed fee. 18
92 Consequence of failure to comply with notice to give 19
proposed later work program 20
(1) If a GHG permit holder does not comply with a requirement 21
under section 91(5)(a), the permit is cancelled. 22
(2) However, the cancellation does not take effect until the 23
Minister gives the holder a notice stating that the GHG permit 24
has been cancelled because of the operation of subsection (1). 25
Page 78
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 6 Renewals
[s 93]
Part 6 Renewals 1
93 Conditions for renewal application 2
(1) A GHG permit holder may apply to renew the permit only if 3
none of the following is outstanding-- 4
(a) annual rent for the GHG permit; 5
(b) a civil penalty under section 87 for nonpayment of 6
annual rent; 7
(c) security required for the GHG permit, as required under 8
section 271; 9
(d) interest payable under section 372 on annual rent or a 10
civil penalty. 11
(2) Also, the application can not be made-- 12
(a) more than 60 business days before the end of the GHG 13
permit's term; or 14
(b) after the GHG permit has ended. 15
94 Requirements for making application 16
(1) The application must-- 17
(a) be made to the Minister in the approved form; and 18
(b) include a statement about how and when the applicant 19
proposes to consult with and keep informed each owner 20
and occupier of private or public land on which 21
authorised activities for the renewed GHG permit are or 22
are likely to be carried out; and 23
(c) include a proposed later work program for the renewed 24
GHG permit; and 25
(d) be accompanied by-- 26
(i) the application fee prescribed under a regulation; 27
and 28
Page 79
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 6 Renewals
[s 95]
(ii) if the application is made less than 20 business 1
days before end of the GHG permit's term--an 2
amount that is 10 times the application fee. 3
(2) The proposed work program must comply with the later work 4
program requirements. 5
95 Continuing effect of GHG permit for renewal application 6
(1) This section applies if before the application is decided the 7
GHG permit's term ends. 8
(2) Despite the ending of the term, the GHG permit continues in 9
force until the earlier of the following to happen-- 10
(a) the start of any renewed term of the GHG permit; 11
(b) a refusal of the application takes effect; 12
(c) the application is withdrawn; 13
(d) the GHG permit is cancelled under this Act. 14
(3) Also, if the applicant has applied for a declaration of a 15
potential storage area for the GHG permit, it continues in 16
force until the declaration application is decided but only for 17
the area of the proposed GHG potential storage area applied 18
for. 19
(4) If the GHG permit is continued in force under subsection (3), 20
the evaluation program included in the declaration application 21
is taken to be the work program for the permit. 22
(5) If the GHG permit is renewed, subsections (2) and (3) are 23
taken never to have applied for the period from the end of the 24
term of the GHG permit being renewed as stated in that 25
permit. 26
96 Deciding application 27
(1) The Minister may grant or refuse the renewal. 28
(2) However-- 29
Page 80
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 6 Renewals
[s 97]
(a) before deciding to grant the renewal, the Minister must 1
decide whether to approve the applicant's proposed later 2
work program for the renewed GHG permit; and 3
(b) the renewal can not be granted unless-- 4
(i) the proposed program has been approved; and 5
(ii) the applicant satisfies the capability criteria; and 6
(iii) the Minister is satisfied the applicant-- 7
(A) continues to satisfy any special criteria that 8
applied for deciding the application for the 9
GHG permit being renewed; and 10
(B) has substantially complied with the GHG 11
permit being renewed; and 12
(iv) a relevant environmental authority has been issued. 13
(3) Also, if the applicant has been given a notice under section 14
107 to apply for a GHG lease, the application must not be 15
decided until the issue of whether a GHG lease will be granted 16
is decided. 17
(4) Subsection (3) does not limit the power under section 108 to 18
take a proposed action as stated in the notice. 19
(5) The Minister may as a condition of deciding to grant the 20
application require the applicant to do all or any of the 21
following within a stated reasonable period-- 22
(a) pay the annual rent for the first year of the renewed 23
GHG permit; 24
(b) give under section 271, security for the renewed GHG 25
permit. 26
(6) If the applicant does not comply with the requirement, the 27
application may be refused. 28
97 Provisions and term of renewed GHG permit 29
(1) Subject to this section, section 41 applies to the renewed GHG 30
permit as if it were a GHG permit granted under part 2. 31
Page 81
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 6 Renewals
[s 97]
(2) To remove any doubt, it is declared that the conditions of the 1
renewed GHG permit may be different from the conditions or 2
other provisions of the GHG permit being renewed. 3
(3) The area of the renewed GHG permit must not be more than 4
the area of the GHG permit being renewed immediately 5
before the renewed GHG permit is to take effect. 6
(4) The first relinquishment day for the renewed GHG permit 7
must not be later than 4 years after the day the renewed GHG 8
permit is to take effect. 9
(5) If the renewed GHG permit is decided before the end of the 10
term of the GHG permit being renewed as stated in that GHG 11
permit (the previous term), the term of the renewed GHG 12
permit is taken to start from the end of the previous term. 13
(6) If the renewed GHG permit is decided after the previous term, 14
the term of the renewed GHG permit starts immediately after 15
the end of the previous term, but-- 16
(a) the conditions of the renewed GHG permit do not start 17
until its holder is given notice of them; and 18
(b) until the notice is given, the conditions of the GHG 19
permit being renewed apply to the renewed GHG permit 20
as if they were its conditions. 21
(7) The term of the renewed GHG permit must not end more than 22
12 years from when it originally took effect. 23
(8) However, if any part of the renewed GHG permit's area is a 24
potential storage area, the term of the renewed GHG permit 25
for that part may be for a longer period that-- 26
(a) ends no later than when the declaration ends; and 27
(b) is no more than the last term of the GHG permit being 28
renewed. 29
(9) To remove any doubt, it is declared that subsection (8)(b) does 30
not prevent a renewal of the renewed GHG permit. 31
Page 82
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 7 Potential storage areas
[s 98]
98 Criteria for decisions 1
In deciding whether to grant the renewal or deciding the 2
provisions of the renewed GHG permit the Minister must 3
consider-- 4
(a) the work program criteria; and 5
(b) whether the applicant continues to satisfy the capability 6
criteria and any special criteria. 7
99 Information notice about refusal 8
If the Minister decides to refuse the application, the Minister 9
must give the applicant an information notice about the 10
decision. 11
100 When refusal takes effect 12
A refusal of the application does not take effect until end of 13
the appeal period for the decision to refuse. 14
Part 7 Potential storage areas 15
101 Applying for potential storage area 16
(1) The holder of a GHG permit may apply for a declaration by 17
the Minister that all or a stated part of its area is a potential 18
storage area for the permit. 19
(2) The application must be-- 20
(a) made to the Minister in the approved form; and 21
(b) accompanied by the fee prescribed under a regulation. 22
(3) The application may be made-- 23
(a) for more than 1 part of the GHG permit's area; and 24
Page 83
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 7 Potential storage areas
[s 102]
(b) even if another part of the GHG permit's area is already 1
a potential storage area. 2
(4) The application must include-- 3
(a) a report for or that includes the proposed potential 4
storage area that-- 5
(i) meets the requirements under section 246 for a 6
GHG viability report; and 7
(ii) is still relevant to the circumstances of the 8
proposed potential storage area; and 9
(b) an evaluation program for-- 10
(i) potential GHG stream storage in the proposed 11
potential storage area; and 12
(ii) market opportunities for potential GHG stream 13
storage. 14
(5) However, subsection (4)(a) does not apply if-- 15
(a) a GHG viability report or an independent viability 16
assessment relates to or includes the proposed potential 17
storage area; and 18
(b) the report or assessment is still relevant to the 19
circumstances of the proposed potential storage area. 20
102 Deciding potential storage area application 21
(1) The Minister may declare a part the subject of the application 22
to be a potential storage area only if satisfied-- 23
(a) the area is no more than is needed to cover the 24
maximum extent of a GHG stream storage site identified 25
in the report; and 26
(b) the applicant does not and will not soon have an 27
available GHG stream for GHG stream storage in the 28
area to be declared, but a GHG stream is likely to 29
become available for GHG stream storage in the area. 30
(2) The area declared must form a single parcel of land. 31
Page 84
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 7 Potential storage areas
[s 103]
(3) In deciding the application, regard must be had to whether the 1
conditions of the relevant GHG permit have been substantially 2
complied with. 3
(4) To remove any doubt, it is declared that the declaration may 4
be made even if the GHG permit has been continued in force 5
under section 95 or 116. 6
(5) If the Minister decides to refuse the application, the Minister 7
must give the applicant an information notice about the 8
decision. 9
103 Inclusion of evaluation program in work program 10
(1) If the declaration is made, the evaluation program that 11
accompanied the application is taken to be an additional part 12
of the existing work program for the GHG permit. 13
(2) If there is an inconsistency between the evaluation program 14
and the rest of the work program, the evaluation program 15
prevails to the extent of the inconsistency. 16
104 Term of declaration 17
(1) A declaration of a potential storage area continues in force for 18
the period stated in the declaration. 19
(2) The period can not be more than 10 years. 20
(3) In deciding a shorter period the Minister must consider-- 21
(a) when any discovery of a GHG stream storage site was 22
made; and 23
(b) any GHG viability report or independent viability 24
assessment for or that includes the proposed potential 25
storage area. 26
(4) Despite subsection (1), the declaration ceases if the GHG 27
permit holder gives the chief executive a notice stating that the 28
holder no longer wishes the area to be a potential storage area. 29
Page 85
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 8 Provisions to facilitate transition to GHG lease
[s 105]
105 Potential storage area still part of GHG permit 1
A declaration of a potential storage area does not change the 2
land the subject of the declaration from being-- 3
(a) part of the area of the GHG permit the subject of the 4
application for the declaration; and 5
(b) subject to the GHG permit. 6
Part 8 Provisions to facilitate 7
transition to GHG lease 8
106 Application of pt 8 9
This part applies if the Minister reasonably considers the 10
holder of a GHG permit should apply for a GHG lease for all 11
or part of the permit's area because a GHG stream is or soon 12
will be available for GHG stream storage in the area. 13
107 Ministerial direction to apply for GHG lease 14
(1) The Minister may give the GHG permit holder a notice stating 15
each of the following-- 16
(a) that the Minister proposes to do either of the following, 17
(the proposed action) unless the holder has made an 18
appropriate lease application-- 19
(i) excise a stated area from the area of the GHG 20
permit; 21
(ii) cancel the GHG permit; 22
(b) the grounds for the proposed action; 23
(c) the facts and circumstances forming the basis for the 24
grounds; 25
Page 86
Greenhouse Gas Storage Bill 2008
Chapter 2 GHG exploration permits
Part 8 Provisions to facilitate transition to GHG lease
[s 108]
(d) that the holder may within a stated period, make 1
submissions to the Minister about why the holder should 2
not make a GHG lease application for the stated area. 3
(2) The stated period must be reasonable but must not be more 4
than 6 months. 5
(3) In this section-- 6
appropriate lease application means a GHG lease application 7
for-- 8
(a) the stated area or an area that is substantially the same as 9
the stated area; or 10
(b) another area the Minister reasonably considers will 11
effectively allow the holder to carry out authorised 12
activities for a GHG lease in relation to the stated area. 13
108 Taking proposed action 14
(1) Proposed action under section 107 may be taken only if-- 15
(a) the stated period under that section has ended; and 16
(b) either-- 17
(i) the holder has not made an appropriate GHG lease 18
application under that section; or 19
(ii) any appropriate lease application under that section 20
made by the holder has been refused; and 21
(c) the Minister has considered any submissions made by 22
the holder within the period. 23
(2) The decision does not take effect until the holder is given an 24
information notice about the decision. 25
(3) A refusal of the application takes effect at end of the appeal 26
period for the decision to refuse. 27
Page 87
Greenhouse Gas Storage Bill 2008
Chapter 3 GHG injection and storage leases
Part 1 Key authorised activities
[s 109]
Chapter 3 GHG injection and storage 1
leases 2
Notes-- 3
1 For the requirement to have a GHG tenure, see section 386. 4
2 Chapter 4 imposes requirements for and restrictions on the granting 5
of, and restrictions on authorised activities that may be carried out 6
under, particular GHG tenures. See section 182. 7
Part 1 Key authorised activities 8
109 Operation of pt 1 9
This part provides for the key authorised activities for a GHG 10
lease. 11
Notes-- 12
1 For other authorised activities, see chapter 5, part 7, division 4 13
(Access to private land outside area of GHG authority) and part 12 14
(General provisions for conditions and authorised activities). 15
2 For general restrictions on authorised activities, their relationship 16
with owner's and occupiers' rights and who may carry out 17
authorised activities for a GHG authority holder, see chapter 5, part 18
12, division 3. 19
110 Principal authorised activities 20
The GHG lease holder may carry out the following activities 21
in the lease's area-- 22
(a) GHG storage exploration; 23
(b) evaluating the feasibility of GHG stream storage, 24
including for example, by GHG storage injection 25
testing; 26
(c) compressing or otherwise processing a GHG stream for 27
GHG stream storage; 28
(d) GHG stream storage 29
Page 88
Greenhouse Gas Storage Bill 2008
Chapter 3 GHG injection and storage leases
Part 1 Key authorised activities
[s 111]
(e) monitoring and verifying the behaviour of the GHG 1
streams. 2
111 GHG stream pipeline and water pipeline construction and 3
operation 4
(1) The GHG lease holder may construct and operate GHG 5
stream pipelines and water pipelines in the lease's area. 6
Note-- 7
The P&G Act provides for the granting of licences that will allow the 8
investigation and surveying for, and the construction and operation of, 9
GHG stream pipelines outside the area of a GHG lease. See sections 16, 10
394 and 402 of that Act. 11
(2) However, if a GHG stream pipeline or water pipeline extends 12
beyond the area of the GHG lease, subsection (1) applies only 13
if the pipeline is completely within-- 14
(a) the GHG lease's area; and 15
(b) the area of 1 or more other GHG leases that are-- 16
(i) contiguous to the GHG lease; and-- 17
(ii) also held by the holder or are subject to a GHG 18
coordination arrangement to which the holder is a 19
party. 20
(3) Also, if the pipeline is a water pipeline, the pipeline may only 21
be operated to transport water for the carrying out of an 22
authorised activity for the GHG lease or another GHG lease 23
mentioned in subsection (2)(b) on an area mentioned in 24
subsection (2). 25
(4) Subsection (3) does not prevent the GHG lease holder from 26
constructing or operating a water pipeline if the holder can 27
otherwise lawfully do so. 28
(5) In this section-- 29
operate, a GHG stream pipeline, includes use, inspect, test, 30
maintain, repair, alter, add to and replace the pipeline. 31
Page 89
Greenhouse Gas Storage Bill 2008
Chapter 3 GHG injection and storage leases
Part 1 Key authorised activities
[s 112]
water pipeline means-- 1
(a) a pipe or system of pipes for transporting water; and 2
(b) a thing connected to or associated with the pipeline that 3
is necessary for its operation, including for example, a 4
thing mentioned in the examples to section 17(2)(b). 5
112 Incidental activities 6
(1) The GHG lease holder may carry out an activity (an 7
incidental activity) in the lease's area if carrying out the 8
activity is reasonably necessary for or is incidental to another 9
authorised activity for the lease. 10
Examples of incidental activities-- 11
1 constructing or operating facilities, plant or works, including for 12
example, communication systems, compressors, powerlines, 13
pumping stations, reservoirs, roads, evaporation or storage ponds 14
and tanks 15
2 constructing or using temporary structures or structures of an 16
industrial or technical nature, including for example, mobile and 17
temporary camps 18
(2) However, constructing or using a structure other than a 19
temporary structure, for office or residential accommodation 20
is not an incidental activity. 21
Editor's note-- 22
For development generally, see the Integrated Planning Act 1997, 23
chapter 3 (Integrated development assessment system (IDAS)) and 24
schedule 9 (Development that is exempt from assessment against a 25
planning scheme). 26
Page 90
Greenhouse Gas Storage Bill 2008
Chapter 3 GHG injection and storage leases
Part 2 Transition from GHG permit to GHG lease
[s 113]
Part 2 Transition from GHG permit to 1
GHG lease 2
Division 1 Applying for GHG lease 3
113 Who may apply 4
(1) A GHG permit holder may apply for a GHG lease over all or 5
part of the permit's area. 6
(2) Also, a person other than the holder may apply for the GHG 7
lease-- 8
(a) jointly with the holder; or 9
(b) with the holder's consent. 10
(3) An application under this section is a permit-related 11
application. 12
114 Requirements for making permit-related application 13
A permit-related application must-- 14
(a) be made to the Minister in the approved form; and 15
(b) address the capability criteria; and 16
(c) include-- 17
(i) a statement about how and when the applicant 18
proposes to consult with and keep informed each 19
owner and occupier of private or public land on 20
which authorised activities for the proposed GHG 21
lease are or are likely to be carried out; 22
(ii) a proposed development plan that complies with 23
the initial development plan requirements; and 24
(iii) a verification statement that complies with section 25
115. 26
Page 91
Greenhouse Gas Storage Bill 2008
Chapter 3 GHG injection and storage leases
Part 2 Transition from GHG permit to GHG lease
[s 115]
(d) be accompanied by the fee prescribed under a 1
regulation. 2
115 Requirements for verification statement 3
For section 114(c)(iii), a verification statement must-- 4
(a) be made by an appropriately qualified independent 5
person; and 6
(b) verify that, in the person's opinion, the applicant has-- 7
(i) the financial and technical resources to carry out 8
authorised activities for the proposed GHG lease; 9
and 10
(ii) the ability to carry out GHG stream storage. 11
116 Continuing effect of GHG permit for permit-related 12
application 13
(1) This section applies if other than for subsection (2), the 14
relevant GHG permit would other than by cancellation under 15
this Act, end before the permit-related application is decided. 16
(2) The GHG permit continues in force for the area the subject of 17
the application until the earlier of the following to happen-- 18
(a) the start of the term of the GHG lease; 19
(b) a refusal of the application takes effect; 20
(c) the application is withdrawn. 21
(3) Despite any ending of the program period for the current work 22
program for the GHG permit-- 23
(a) the GHG permit is taken to have a work program; and 24
(b) the holder may carry out any authorised activity for the 25
GHG permit. 26
Page 92
Greenhouse Gas Storage Bill 2008
Chapter 3 GHG injection and storage leases
Part 2 Transition from GHG permit to GHG lease
[s 117]
Division 2 Deciding permit-related 1
applications 2
117 Deciding whether to grant GHG lease 3
(1) Subject to sections 119 and 121, the Minister may grant a 4
GHG lease applied for under a permit-related application only 5
if the Minister is satisfied the requirements mentioned in 6
section 118 (the requirements for grant) have been complied 7
with. 8
(2) The application must be refused if the Minister is not satisfied 9
any requirement for grant other than the requirement 10
mentioned section 118(1)(c) has been complied with. 11
(3) If the Minister is satisfied the requirements for grant other 12
than the requirement mentioned section 118(1)(c) have been 13
complied with, the Minister may grant the GHG lease. 14
118 Requirements for grant 15
(1) The requirements for grant are each of the following-- 16
(a) the applicant is an eligible person; 17
(b) the proposed area of the proposed GHG lease-- 18
(i) is appropriate for the authorised activities proposed 19
to be carried out; and 20
(ii) contains an adequately identified GHG stream 21
storage site that is adequate for the proposed 22
purpose of the GHG lease; 23
(c) the conditions of the relevant GHG permit have been 24
substantially complied with; 25
(d) the Minister has approved the applicant's proposed 26
initial development plan for the GHG lease; 27
(e) a relevant environmental authority has been issued; 28
(f) the applicant has established that-- 29
Page 93
Greenhouse Gas Storage Bill 2008
Chapter 3 GHG injection and storage leases
Part 2 Transition from GHG permit to GHG lease
[s 119]
(i) GHG stream storage in the GHG lease's area is or 1
is likely to happen within 5 years after the lease is 2
to take effect; or 3
(ii) the applicant has entered into a contract, GHG 4
coordination arrangement or other arrangement for 5
GHG stream storage in the GHG lease's area (a 6
relevant arrangement); 7
(g) the applicant has paid the annual rent for the first year of 8
the proposed GHG lease; 9
(h) the applicant has given under section 271, security for 10
the GHG lease; 11
(i) the Minister is of the opinion that the applicant is 12
capable of carrying out authorised activities for the 13
GHG lease having regard to the applicant's-- 14
(i) financial and technical resources; and 15
(ii) ability to carry out GHG stream storage. 16
(2) The matters mentioned in subsection (1)(i) are the capability 17
criteria. 18
(3) A person satisfies the capability criteria if the Minister forms 19
the opinion about the person mentioned in subsection (1)(i). 20
119 Exception for particular relevant arrangements 21
The application may be refused if the Minister-- 22
(a) is not satisfied of the matter under section 118(1)(f)(i); 23
and 24
(b) is satisfied the applicant has entered into a relevant 25
arrangement, but the Minister reasonably believes-- 26
(i) the arrangement is not an arms-length commercial 27
transaction; or 28
(ii) supply under the arrangement is unlikely to be 29
carried out. 30
Page 94
Greenhouse Gas Storage Bill 2008
Chapter 3 GHG injection and storage leases
Part 2 Transition from GHG permit to GHG lease
[s 120]
120 Provisions of GHG lease 1
(1) A GHG lease must state its area. 2
(2) A GHG lease may also state-- 3
(a) conditions or other provisions of the GHG lease other 4
than conditions or provisions that are-- 5
(i) inconsistent with the mandatory conditions for 6
GHG leases; or 7
(ii) the same as or substantially the same as or 8
inconsistent with any relevant environmental 9
condition; and 10
(b) a day for the GHG lease to take effect; and 11
(c) a day by which GHG stream storage under the GHG 12
lease is to start (the storage commencement day). 13
(3) However, the provisions of the GHG lease may exclude or 14
restrict the carrying out of an authorised activity for the lease. 15
(4) The day of effect must not be before the day the GHG lease is 16
granted. 17
(5) If no day of effect is decided, the GHG lease takes effect on 18
the day it is granted. 19
(6) The storage commencement day may be more than 5 years 20
after the day of effect only if the Minister is satisfied the 21
holder has entered into a relevant arrangement. 22
(7) In deciding the provisions of the GHG lease the Minister must 23
consider the development plan criteria and capability criteria. 24
(8) This section applies subject to section 121. 25
121 Provisions about grant and conditions of GHG lease for 26
significant project 27
(1) This section applies if a proposed GHG lease is for a 28
significant project. 29
Page 95
Greenhouse Gas Storage Bill 2008
Chapter 3 GHG injection and storage leases
Part 2 Transition from GHG permit to GHG lease
[s 122]
(2) The Minister must not grant the GHG lease until the Minister 1
has been given the Coordinator-General's report for the 2
project. 3
(3) Any Coordinator-General's conditions for the GHG lease 4
must be stated in the lease. 5
(4) Any other condition of the GHG lease stated under section 6
120 must not be inconsistent with the Coordinator-General's 7
conditions. 8
(5) If a mandatory condition for GHG leases conflicts with any of 9
the Coordinator-General's conditions, the mandatory 10
condition prevails to the extent of the inconsistency. 11
(6) In this section-- 12
Coordinator-General's conditions, for the proposed GHG 13
lease, means the conditions for the lease stated in the 14
Coordinator-General's report for the significant project. 15
Coordinator-General's report means the 16
Coordinator-General's report under the State Development 17
and Public Works Organisation Act 1971 for the EIS for the 18
significant project. 19
122 Information notice about refusal 20
If the Minister decides to refuse the application, the Minister 21
must give the applicant an information notice about the 22
decision. 23
123 When refusal takes effect 24
A refusal of the application does not take effect until the end 25
of the appeal period for the decision to refuse. 26
Page 96
Greenhouse Gas Storage Bill 2008
Chapter 3 GHG injection and storage leases
Part 3 Obtaining GHG lease by competitive tender
[s 124]
Part 3 Obtaining GHG lease by 1
competitive tender 2
Division 1 Preliminary 3
124 Operation of pt 3 4
(1) This part provides for a process for the granting of GHG 5
leases by competitive tender. 6
(2) To remove any doubt, it is declared that a GHG lease can only 7
be granted under this part or part 2. 8
Division 2 Calls for tenders 9
125 Call for tenders 10
(1) The Minister may by gazette notice invite tenders for a GHG 11
lease (a call for tenders). 12
(2) The call must state-- 13
(a) the day and time by which tenders in response to it must 14
be made (the closing time for the call); and 15
(b) any criteria (special criteria) other than the development 16
plan criteria and capability criteria proposed to be used 17
to decide whether to grant the GHG lease or to decide its 18
provisions. 19
(3) The call may state other relevant matters, including for 20
example, matters relevant to the development plan, capability 21
or special criteria. 22
126 Right to tender 23
(1) Any person may tender for a proposed GHG lease the subject 24
of a call for tenders. 25
Page 97
Greenhouse Gas Storage Bill 2008
Chapter 3 GHG injection and storage leases
Part 3 Obtaining GHG lease by competitive tender
[s 127]
Note-- 1
See however, section 130(2) (Deciding whether to grant GHG lease). 2
(2) However, a tender-- 3
(a) must comply with the requirements under section 114 4
for making an permit-related application; and 5
(b) must be made to the Minister in the approved form; and 6
(c) can not be made-- 7
(i) after the closing time for the call; or 8
(ii) for only part of the area of the proposed GHG 9
lease. 10
127 Right to terminate call for tenders 11
(1) The Minister may by gazette notice terminate a call for 12
tenders at any time before deciding whether to grant a GHG 13
lease to a person who has made a tender in response to the 14
call. 15
(2) All tenders in response to the call lapse when the call is 16
terminated. 17
(3) No amount, whether by way of compensation, reimbursement 18
or otherwise, is payable by the State to any person for or in 19
connection with the termination. 20
Division 3 Deciding tenders 21
128 Process for deciding tenders 22
Subject to section 132, any process the Minister considers 23
appropriate may be used to decide a call for tenders, including 24
for example, by a process appointing a preferred tenderer on 25
the tenders made in response to the call. 26
Page 98
Greenhouse Gas Storage Bill 2008
Chapter 3 GHG injection and storage leases
Part 3 Obtaining GHG lease by competitive tender
[s 129]
129 Provisions for preferred tenderers 1
(1) The Minister may require a preferred tenderer for the call for 2
tenders to-- 3
(a) pay any amounts necessarily incurred or to be incurred 4
to enable the GHG lease to be granted; and 5
(b) to do all or any of the following within a stated 6
reasonable period-- 7
(i) pay the annual rent for the first year of the GHG 8
lease; 9
(ii) give security for the GHG lease as required under 10
section 271. 11
(2) If a preferred tenderer does not-- 12
(a) comply with a requirement under subsection (1); or 13
(b) do all things reasonably necessary to allow a GHG lease 14
to be granted to the tenderer; 15
the Minister may appoint another tenderer to be the preferred 16
tenderer. 17
130 Deciding whether to grant GHG lease 18
(1) The Minister may, after the closing time for the call for 19
tenders-- 20
(a) grant a GHG lease to 1 tenderer; or 21
(b) refuse to grant any GHG lease. 22
(2) However-- 23
(a) before deciding to grant the GHG lease, the Minister 24
must decide whether to approve the applicant's 25
proposed initial development plan for the GHG lease; 26
and 27
(b) the Minister can not grant the GHG lease unless-- 28
(i) the tenderer is an eligible person; and 29
Page 99
Greenhouse Gas Storage Bill 2008
Chapter 3 GHG injection and storage leases
Part 4 Term and area provisions
[s 131]
(ii) the proposed plan has been approved; and 1
(iii) the Minister is satisfied the requirements for grant 2
other than the requirement mentioned in section 3
118(1)(c) have been complied with; and 4
(iv) a relevant environmental authority has been issued. 5
(3) This section applies subject to section 121. 6
131 Provisions of GHG lease 7
Sections 120 and 121 apply to a GHG lease granted under this 8
part as if the tender for the lease was a permit-related 9
application. 10
132 Criteria for decisions 11
(1) In considering whether to grant a GHG lease or its provisions 12
the Minister must consider the development plan criteria, 13
capability criteria and any special criteria. 14
(2) The Minister may give the weight to each of the development 15
plan, capability and special criteria that the Minister considers 16
appropriate in the circumstances. 17
133 Notice to unsuccessful tenderers 18
After a call for tenders has been decided, the Minister must 19
give each tenderer not granted the GHG lease notice of the 20
decision. 21
Part 4 Term and area provisions 22
134 Term of GHG lease 23
A GHG lease-- 24
Page 100
Greenhouse Gas Storage Bill 2008
Chapter 3 GHG injection and storage leases
Part 4 Term and area provisions
[s 135]
(a) does not have a fixed term; and 1
(b) continues in force until it is surrendered or otherwise 2
ends under this Act. 3
135 Area of GHG lease 4
(1) This section provides for the area of a GHG lease. 5
(2) The area does not include excluded land for the GHG lease. 6
(3) Unless the Minister otherwise decides, the area must form a 7
single parcel of land. 8
(4) The area must not include any of the following (unavailable 9
land)-- 10
(a) land in the area of another GHG tenure other than land 11
that will under section 48, cease to be included in the 12
area of a GHG permit on the grant of the GHG lease; 13
(b) excluded land for another GHG tenure; 14
(c) land that a regulation prescribes as land over which a 15
GHG lease can not be granted. 16
(5) The area may include a part of a sub-block only if the part is 17
all areas within the sub-block that are left after taking away all 18
unavailable land within the sub-block. 19
136 References to sub-blocks of GHG lease 20
(1) This section applies if a GHG lease states that its area includes 21
land within a block without including or excluding any 22
particular sub-block. 23
(2) The reference to the block is a reference to all sub-blocks 24
within the block to the extent they do not consist of 25
unavailable land. 26
(3) To remove any doubt, it is declared that if land within any of 27
the sub-blocks ceases to be unavailable land, the cessation 28
itself does not cause the land to be within the GHG lease's 29
area. 30
Page 101
Greenhouse Gas Storage Bill 2008
Chapter 3 GHG injection and storage leases
Part 4 Term and area provisions
[s 137]
137 Minister's power to decide excluded land 1
(1) The Minister may decide excluded land for a GHG lease or 2
proposed GHG lease. 3
(2) However, the power under subsection (1) may be exercised 4
only when the Minister is deciding whether to-- 5
(a) grant the GHG lease; or 6
(b) approve any later development plan for the GHG lease. 7
(3) However, excluded land-- 8
(a) must be within any sub-block that the GHG lease states 9
is included in its area; and 10
(b) can not be a whole sub-block. 11
(4) For subsection (3)(a), if the instrument-- 12
(a) states that the GHG lease's area includes land within a 13
block; but 14
(b) does not include or exclude any particular sub-block 15
within that block; 16
the reference to the block is a reference to all sub-blocks 17
within the block other than any sub-block that is completely 18
within the area of another GHG tenure. 19
(5) Excluded land may be described in a way the Minister 20
considers appropriate, including for example, by area or by 21
reference to a stated type of land. 22
(6) Land ceases to be excluded land for a GHG lease if for any 23
reason, the sub-block in which the land is located ceases to be 24
in the lease's area. 25
138 Minister may add excluded land 26
(1) The Minister may amend a GHG lease by adding excluded 27
land for the GHG lease to its area only if-- 28
(a) the GHG lease as amended complies with section 135 29
and 30
Page 102
Greenhouse Gas Storage Bill 2008
Chapter 3 GHG injection and storage leases
Part 5 Development plans
[s 139]
(b) the GHG lease holder consents. 1
(2) If land mentioned in subsection (1) is added to the area of the 2
GHG lease, the land ceases to be excluded land for the lease. 3
(3) The Minister may amend the provisions of the GHG lease in a 4
way that reflects the inclusion of the excluded land. 5
(4) Also, the Minister may give the GHG lease holder a notice-- 6
(a) withdrawing from a stated day, the approval of the 7
development plan for the GHG lease; and 8
(b) directing the holder to give the Minister a proposed later 9
development plan for the GHG lease that-- 10
(i) complies with the later development plan 11
requirements; and 12
(ii) changes the development plan for the GHG lease 13
to reflect the inclusion of the excluded land. 14
(5) The amended provisions of the GHG lease or the proposed 15
later development plan must not be-- 16
(a) inconsistent with the mandatory conditions for GHG 17
leases; or 18
(b) the same as or substantially the same as or inconsistent 19
with any relevant environmental condition. 20
Part 5 Development plans 21
Division 1 Function and purpose 22
139 Function and purpose 23
(1) The development plan for a GHG lease (the relevant lease) 24
gives detailed information about the nature and extent of 25
activities to be carried out under the relevant lease. 26
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Part 5 Development plans
[s 140]
(2) The development plan may-- 1
(a) also relate to another GHG lease or proposed GHG lease 2
if the other GHG lease or proposed GHG lease relates to 3
the relevant lease; and 4
(b) provide that when the plan is approved it will replace 5
any development plan for the other lease. 6
(3) The purposes of giving the information are to-- 7
(a) allow resource management decisions to be made; and 8
(b) ensure appropriate development of the GHG lease. 9
Division 2 Requirements for proposed initial 10
development plans 11
140 Operation of div 2 12
This division provides for requirements (the initial 13
development plan requirements) for a proposed initial 14
development plan for a proposed GHG lease. 15
141 General requirements 16
(1) The proposed plan must provide for all of the following-- 17
(a) an overview of the activities proposed to be carried out 18
under the proposed GHG lease during all of its term; 19
(b) a description of the activities proposed to be carried out 20
under the GHG lease during each year of the plan 21
period; 22
(c) each of the following for each GHG stream storage site 23
in the GHG lease's area-- 24
(i) a site plan that complies with section 142; 25
(ii) a verifiable estimate of the GHG stream storage 26
site's capacity; 27
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Part 5 Development plans
[s 142]
(iii) a monitoring and verification plan that complies 1
with section 145; 2
(d) the composition of GHG streams proposed to be 3
injected or used for GHG stream storage under the GHG 4
lease; 5
(e) a description of any pipeline land for the GHG lease; 6
(f) reasons why the plan is considered appropriate; 7
(g) another matter prescribed under a regulation. 8
(2) The proposed plan may include any other information relevant 9
to the development plan criteria 10
(3) The composition of GHG streams to be injected under 11
proposed GHG lease must comply with section 164. 12
(4) A regulation may impose requirements about the form of the 13
development plan. 14
(5) In this section-- 15
year, of the plan period, means-- 16
(a) the period starting on the day the plan period starts and 17
ending on the first anniversary of that day; and 18
(b) each subsequent period of 12 months or less during the 19
plan period starting on each anniversary of that day and 20
ending on-- 21
(i) the next anniversary of that day; or 22
(ii) if the plan period ends before the next 23
anniversary--the day the plan period ends. 24
142 Site plan 25
(1) A site plan for a GHG stream storage site must consist of 26
maps, geological cross-sections, three dimensional models 27
and other appropriate information about the site. 28
(2) Without limiting subsection (1), the site plan must show each 29
of the following-- 30
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Chapter 3 GHG injection and storage leases
Part 5 Development plans
[s 143]
(a) the geological structure and geochemical composition 1
of the relevant GHG storage reservoir; 2
(b) the GHG storage reservoir's properties, including the 3
potential interaction of carbon dioxide with its rock 4
matrix and fluids; 5
(c) the proposed rate of GHG stream injection; 6
(d) the proposed composition of the GHG streams to be 7
injected; 8
(e) the expected migration pathway of the GHG streams; 9
(f) the operations and techniques to be used to monitor and 10
verify the behaviour of GHG streams during the term of 11
the GHG lease. 12
(3) The site plan must include any other information prescribed 13
under a regulation. 14
143 Petroleum wells to be assumed 15
If under the 1923 Act, section 75U or the P&G Act section 16
292, the proposed GHG lease holder proposes to assume 17
responsibility for a petroleum well, the proposed plan must-- 18
(a) identify the wells; and 19
(b) describe the GHG storage activities proposed to be 20
carried out relating to the wells. 21
Note-- 22
See also sections 263 (Former petroleum wells assumed by GHG tenure 23
holder) and 267 (Obligation to decommission). 24
144 Water issues 25
(1) In preparing the proposed plan, the proposed GHG lease 26
holder must have regard to potential groundwater issues. 27
(2) The proposed plan must include a plan for the treatment and 28
disposal of any water taken or that may be taken because of 29
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Chapter 3 GHG injection and storage leases
Part 5 Development plans
[s 145]
the carrying out of authorised activities for the proposed GHG 1
lease. 2
145 Monitoring and verification plan 3
The proposed development plan must include a plan for the 4
observation and monitoring of the migration pathway or 5
pathways of GHG streams before, during and after injection 6
into the relevant GHG storage reservoir. 7
146 Plan period 8
(1) The proposed plan must state its period. 9
(2) If the proposed plan relates to a tender, the period must be the 10
same as the required period under the relevant call for tenders. 11
(3) If the proposed plan relates to a permit-related application, the 12
period must not be longer than 5 years from when the 13
proposed GHG lease is to take effect. 14
Division 3 Approval of proposed initial 15
development plans 16
Note-- 17
For the requirement for approval of an initial development plan, see 18
sections 117 and 130. 19
147 Criteria for decision 20
(1) In deciding whether to approve a proposed development plan 21
the Minister must consider-- 22
(a) the potential of the area of the proposed GHG lease for 23
GHG stream storage and related activities; and 24
(b) the nature and extent of the activities and when and 25
where they are proposed to be carried out; and 26
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Part 5 Development plans
[s 148]
(c) whether GHG stream storage under the GHG lease will 1
be optimised in the best interests of the State; and 2
(d) the nature and extent of water disposal and treatment 3
activities; and 4
(e) any relevant authorisation required under the Water Act. 5
(2) The matters mentioned in subsection (1) are the development 6
plan criteria. 7
148 Verification may be required 8
(1) The Minister may by notice require the applicant to give the 9
Minister within a stated reasonable period a document made 10
by an appropriately qualified independent person that 11
verifies-- 12
(a) an assessment of data supplied in the proposed initial 13
development plan; or 14
(b) the source of the data; or 15
(c) the work done for the development plan. 16
(2) If the applicant does not comply with the requirement, the 17
Minister may refuse to approve the development plan. 18
(3) The applicant must pay any costs incurred in complying with 19
the requirement. 20
149 Referral to Water Act Minister 21
The Minister can not approve the proposed plan unless-- 22
(a) the Minister has given the Water Act Minister a copy of 23
the proposed plan; and 24
(b) the Water Act Minister has approved the proposed 25
development plan to the extent it relates to potential 26
groundwater issues. 27
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Chapter 3 GHG injection and storage leases
Part 5 Development plans
[s 150]
Division 4 Requirements for proposed later 1
development plans 2
150 Operation of div 4 3
This division provides for requirements (the later 4
development plan requirements) for a proposed later 5
development plan for a GHG lease. 6
Note-- 7
For the requirements to give a proposed later development plan, see 8
sections 47 (Minister may add excluded land), 172 (Obligation to give 9
proposed later development program) and 379 (Types of noncompliance 10
action that may be taken). 11
151 General requirements 12
(1) The proposed plan must-- 13
(a) comply with the initial development plan requirements; 14
and 15
(b) highlight any significant changes from the current 16
development plan for the GHG lease; and 17
(c) if the current development plan has not been complied 18
with--state the details of and the reasons for each 19
noncompliance. 20
(2) If the effect of the proposed plan is to significantly change an 21
activity provided for under the current development plan for 22
the GHG lease, the proposed plan must also state reasons for 23
the change. 24
(3) Also, for a significant change that is a reduction of GHG 25
stream injection, the proposed plan must include an evaluation 26
of the following in the GHG lease's area-- 27
(a) the potential for GHG stream storage; 28
(b) market opportunities for GHG stream storage. 29
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Chapter 3 GHG injection and storage leases
Part 5 Development plans
[s 152]
Division 5 Approval of proposed later 1
development plans 2
152 Application of div 5 3
This division applies if-- 4
(a) under this Act, a proposed later development plan is 5
given to the Minister for approval; or 6
(b) the Minister is considering an application under section 7
188 for approval of a proposed GHG coordination 8
arrangement. 9
153 GHG lease taken to have development plan until decision 10
on whether to approve proposed development plan 11
(1) This section applies until-- 12
(a) if the approval is given--the holder is given notice of 13
the approval; or 14
(b) if the approval is refused--when the refusal takes effect. 15
(2) Despite the ending of the plan period for the current 16
development plan for the GHG lease-- 17
(a) the GHG lease is taken to have a development plan; and 18
(b) the holder may carry out any authorised activity for the 19
GHG lease. 20
154 Deciding whether to approve proposed plan 21
(1) The Minister may approve or refuse to approve the proposed 22
plan. 23
(2) In deciding whether to approve the proposed plan the Minister 24
must consider each of the following-- 25
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Greenhouse Gas Storage Bill 2008
Chapter 3 GHG injection and storage leases
Part 5 Development plans
[s 155]
(a) the development plan criteria; 1
(b) the extent to which the current development plan for the 2
GHG lease has been complied with; 3
(c) if the proposed plan provides for a significant change 4
that is a reduction of GHG stream injection-- 5
(i) whether the reduction is reasonable; and 6
(ii) whether the GHG lease holder has taken all 7
reasonable steps to prevent the reduction. 8
(3) Also, if the GHG lease was granted in response to a tender, 9
any other development plan proposed by other tenderers for 10
the lease must be considered. 11
(4) However, subsection (3) applies only to the extent the other 12
plan includes the period of the proposed plan. 13
155 Steps after, and taking effect of, decision 14
(1) If the Minister decides to approve the proposed later 15
development plan, the Minister must give the holder notice of 16
the decision. 17
(2) The approval takes effect when the holder is given the notice 18
or if the notice states a later day of effect, on that later day. 19
(3) If the Minister decides to refuse to approve the proposed plan, 20
the Minister must give the holder an information notice about 21
the decision. 22
(4) The refusal does not takes effect until the end the appeal 23
period for the decision to refuse. 24
Division 6 Amending development plans 25
156 Restrictions on amendment 26
(1) A GHG lease holder may amend the development plan for the 27
GHG lease. 28
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Chapter 3 GHG injection and storage leases
Part 5 Development plans
[s 157]
(2) However, the amendment is subject to approval under this 1
division. 2
(3) Also, a development plan can not be amended-- 3
(a) in a way that provides for a cessation of GHG stream 4
injection under a GHG lease; or 5
Note-- 6
See section 176 (Timing of surrender application). 7
(b) if the plan as amended would not comply with the later 8
development plan requirements. 9
157 Applying for approval to amend 10
(1) A GHG lease holder may apply to for approval to amend the 11
development plan for the lease. 12
(2) The application must be-- 13
(a) made to the Minister in the approved form; and 14
(b) accompanied by the fee prescribed under a regulation. 15
158 Deciding application 16
In deciding whether to approve the proposed amendment the 17
Minister must consider-- 18
(a) the development plan criteria; and 19
(b) the extent to which the current development plan for the 20
GHG lease has been complied with; and 21
(c) if the proposed plan provides for a significant change 22
that is a reduction of GHG stream injection-- 23
(i) whether the reduction is reasonable; and 24
(ii) whether the GHG lease holder has taken all 25
reasonable steps to prevent the reduction. 26
Page 112
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Chapter 3 GHG injection and storage leases
Part 6 Key mandatory conditions for GHG leases
[s 159]
159 Steps after, and taking effect of, decision 1
(1) If the Minister decides to approve the proposed amendment, 2
the Minister must give the holder notice of the decision. 3
(2) If the Minister decides to refuse to approve the proposed 4
amendment, the Minister must give the applicant an 5
information notice about the decision. 6
(3) The refusal takes effect when the holder is given the notice or 7
if the notice states a later day of effect, on that later day. 8
Part 6 Key mandatory conditions for 9
GHG leases 10
160 Operation of pt 6 11
This part provides for particular mandatory conditions for 12
GHG leases. 13
161 Compliance with test plan for GHG storage injection 14
testing 15
(1) A GHG lease holder may carry out GHG storage injection 16
testing only in accordance with the following-- 17
(a) a test plan for that purpose approved by the Minister; 18
(b) all conditions of the approval. 19
(2) The holder may ask the Minister to approve a test plan 20
proposed by the holder. 21
(3) The proposed test plan must comply with any requirements 22
prescribed under a regulation. 23
(4) The Minister may impose conditions on the granting of the 24
approval. 25
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Chapter 3 GHG injection and storage leases
Part 6 Key mandatory conditions for GHG leases
[s 162]
(5) If the Minister decides to refuse to approve the proposed test 1
plan or to impose conditions on the granting of the approval, 2
the Minister must give the holder an information notice about 3
the decision. 4
162 Restriction on substances that may be used for GHG 5
storage injection testing 6
A GHG lease holder can not use a substance other than a 7
GHG stream or water for injection for GHG storage. 8
163 Restriction on substances that may be used for GHG 9
stream storage 10
A GHG lease holder can not use a substance other than a 11
GHG stream for GHG stream storage. 12
164 Restriction on GHG streams that may be used 13
A GHG lease holder may use a GHG stream for GHG storage 14
injection testing or GHG stream storage only if it consists 15
only of carbon dioxide and-- 16
(a) a substance incidentally derived from-- 17
(i) the process called carbon dioxide capture, 18
transport and geological storage, also called carbon 19
capture and storage; or 20
(ii) GHG storage; or 21
(b) a detection agent prescribed under a regulation at the 22
rate or concentration prescribed under a regulation. 23
Note-- 24
A stream is a GHG stream only if is a stream of carbon dioxide or a 25
substance that overwhelmingly consists of carbon dioxide. See section 26
12 (What is a GHG stream). 27
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Chapter 3 GHG injection and storage leases
Part 6 Key mandatory conditions for GHG leases
[s 165]
165 Water Act authorisation required for taking or 1
interference with water 2
A GHG lease holder can not take or interfere with water as 3
defined under the Water Act unless the taking or interference 4
is authorised under that Act. 5
Note-- 6
For relevant Water Act provisions, see sections 19 and 808 of that Act. 7
166 Obligation to consult with particular owners and 8
occupiers 9
(1) A GHG lease holder must consult or use reasonable 10
endeavours to consult with each owner and occupier of private 11
or public land on which authorised activities for the GHG 12
lease are or are likely to be carried out. 13
(2) The consultation must be about the carrying out of authorised 14
activities for the GHG lease (including for example, crossing 15
access land for the lease) to the extent they relate to the 16
owners and occupiers. 17
(3) The consultation must be carried out in the way and at the 18
times-- 19
(a) provided for in the GHG lease; or 20
(b) if the GHG lease does not provide for how the 21
consultation must be carried out--approved by the 22
Minister. 23
(4) This section does not limit chapter 5, parts 7 and 8. 24
(5) A failure to comply with this section does not prevent 25
authorised activities for the GHG lease from being carried out. 26
167 Obligation to commence GHG stream storage 27
A GHG lease holder must start GHG stream storage under the 28
GHG lease on or before the later of the following-- 29
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Chapter 3 GHG injection and storage leases
Part 6 Key mandatory conditions for GHG leases
[s 168]
(a) the end of 5 years after the GHG lease takes effect; 1
(b) any storage commencement day for the GHG lease. 2
168 Annual rent 3
(1) A GHG lease holder must pay the State the annual rent as 4
prescribed under a regulation. 5
(2) The annual rent must be paid in the way, and on or before the 6
day, prescribed under a regulation. 7
169 Civil penalty for nonpayment of annual rent 8
(1) If a GHG lease holder does not pay the annual rent as required 9
under section 168, the holder must also pay the State a civil 10
penalty. 11
(2) The amount of the penalty is 15% of the rent. 12
(3) The penalty-- 13
(a) must be paid on the day after the last day for payment of 14
the rent; and 15
(b) is still payable even if the holder later pays the rent. 16
Note-- 17
See also section 372 (Interest on amounts owing to the State). 18
170 Requirement to have development plan 19
The holder of a GHG lease must have a development plan for 20
the lease. 21
171 Compliance with development plan 22
A GHG lease holder must comply with the development plan 23
for the lease. 24
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Chapter 3 GHG injection and storage leases
Part 6 Key mandatory conditions for GHG leases
[s 172]
172 Obligation to give proposed later development plan 1
(1) This section imposes an obligation on a GHG lease holder to 2
give the Minister a proposed later development plan for the 3
lease. 4
(2) The obligation is complied with only if the proposed later 5
development plan-- 6
(a) complies with the later development plan requirements; 7
and 8
(b) is accompanied by the relevant fee. 9
(3) A proposed later development plan must be given to the 10
Minister-- 11
(a) at least 40 but no more than 100 business days before 12
the end of the plan period for its current development 13
plan (the current plan period); or 14
(b) as soon as practicable after the holder proposes or 15
becomes aware of a significant change to the nature and 16
extent of an authorised activity that is not already dealt 17
with under the current development plan for the GHG 18
lease. 19
(4) However, if before the end of the current plan period a 20
decision is made to refuse to approve a proposed later 21
development plan given under subsection (3), the holder may 22
within the period give the Minister another proposed later 23
development plan. 24
(5) If the holder does not give the Minister any proposed later 25
development plan before the end of the current plan period or 26
if subsection (4) applies and the holder does not give the 27
Minister another proposed later development plan within the 28
current plan period-- 29
(a) the Minister must give the holder a notice requiring the 30
holder to give the Minister a proposed later development 31
plan for the GHG lease within 40 business days after the 32
giving of the notice; and 33
(b) the holder must comply with the requirement. 34
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Chapter 3 GHG injection and storage leases
Part 7 Surrenders
[s 173]
(6) In this section-- 1
relevant fee, for the lodgment of the proposed plan, means-- 2
(a) if the proposed plan is given within the time required 3
under subsection (3)--the fee prescribed under a 4
regulation; or 5
(b) if the proposed plan is given after the time required 6
under subsection (3) and-- 7
(i) if it is given under subsection (4)--nil; or 8
(ii) if it is not given under subsection (4)--an amount 9
that is 10 times the prescribed fee. 10
173 Consequence of failure to comply with notice to give 11
proposed later development plan 12
(1) If a GHG lease holder does not comply with a requirement 13
under section 172(5)(a), the lease is cancelled. 14
(2) However, the cancellation does not take effect until the 15
Minister gives the holder a notice stating that the GHG lease 16
has been cancelled because of the operation of subsection (1). 17
Part 7 Surrenders 18
174 When surrender is permitted 19
A GHG lease holder may surrender the lease only if, under 20
this part-- 21
(a) an application (a surrender application) has been made 22
for approval of the surrender; and 23
(b) the surrender has been approved. 24
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Chapter 3 GHG injection and storage leases
Part 7 Surrenders
[s 175]
175 Part of GHG lease area can not be surrendered 1
A GHG lease holder can not surrender part of the lease's area. 2
176 Timing of surrender application 3
(1) If-- 4
(a) GHG stream injection under a GHG lease ceases; and 5
(b) all GHG wells in the GHG lease's area have been 6
decommissioned in the way required under section 267; 7
the GHG lease holder must make a surrender application for 8
the lease within 60 business days. 9
Maximum penalty--500 penalty units 10
(2) The GHG lease holder can not make a surrender application 11
for the lease before all of the events mentioned in subsection 12
(1) have happened. 13
177 Requirements for making surrender application 14
(1) A surrender application must be-- 15
(a) made to the Minister in the approved form; and 16
(b) accompanied by the fee prescribed under a regulation. 17
(2) A surrender application must also be accompanied by a report 18
by the applicant stating each of the following-- 19
(a) the authorised activities for the GHG lease carried out 20
on the area the subject of the application; 21
(b) the results of the activities; 22
(c) the applicant's modelling of the behaviour of GHG 23
streams injected under the GHG lease; 24
(d) information relevant to the modelling and the 25
applicant's analysis of the information; 26
(e) the applicant's assessment of-- 27
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Chapter 3 GHG injection and storage leases
Part 7 Surrenders
[s 178]
(i) the behaviour of GHG streams injected under the 1
GHG lease; and 2
(ii) the expected migration pathway or pathways of the 3
GHG streams; and 4
(iii) the short-term and long-term consequences of the 5
migration; 6
(f) the applicant's suggestions for the approach to be taken 7
by the State if the surrender is approved, to monitor and 8
verify the behaviour of the GHG streams; 9
(g) any other information prescribed under a regulation. 10
Maximum penalty for subsection (2)--500 penalty units. 11
178 Minister may require further report or work for surrender 12
of GHG lease 13
(1) Before deciding whether to approve the surrender of a GHG 14
lease the Minister may by notice require the applicant to do 15
either or both of the following-- 16
(a) give the Minister a report about whether the risks 17
associated with GHG stream storage under the GHG 18
lease have been reduced as much as is reasonably 19
practicable; 20
(b) carry out stated work to reduce the risks. 21
(2) The applicant must comply with the requirement. 22
Maximum penalty--500 penalty units. 23
(3) Until the applicant complies with the requirement, the 24
Minister need not decide the application. 25
179 Deciding application 26
(1) The Minister may approve a surrender only if-- 27
(a) up to the day the application was made, the holder had 28
submitted all reports required to be submitted under this 29
Act; and 30
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Chapter 3 GHG injection and storage leases
Part 7 Surrenders
[s 180]
(b) the Minister considers the risks associated with GHG 1
stream storage under the GHG lease have been reduced 2
as much as is reasonably practicable; and 3
(c) all of the relevant environmental authority has been 4
cancelled or surrendered. 5
(2) In deciding whether to approve a surrender the Minister must 6
consider the extent to which the applicant has complied with 7
the conditions of the GHG lease. 8
180 Notice and taking effect of decision 9
(1) If the Minister decides to approve a surrender, the Minister 10
must give the applicant notice of the decision. 11
(2) The surrender takes effect on the day after the decision is 12
made. 13
(3) If the Minister decides to refuse a surrender, the Minister must 14
give the applicant an information notice about the decision. 15
181 Responsibility for injected GHG streams after 16
decommissioning 17
(1) This section applies on the surrender of a GHG lease. 18
(2) Any GHG stream injected into a GHG storage reservoir in the 19
former GHG lease's area in compliance with section 164 20
becomes the property of the State. 21
(3) Subsection (2) applies despite-- 22
(a) the GHG stream being on or part of land owned by 23
someone else; or 24
(b) the sale or other disposal of the land 25
Page 121
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Chapter 4 Coordination with other authorities
Part 1 Preliminary
[s 182]
Chapter 4 Coordination with other 1
authorities 2
Part 1 Preliminary 3
182 Relationship with chs 2, 3 and 5 4
(1) Requirements and restrictions under this chapter relating to 5
the granting of a GHG tenure apply as well as any relevant 6
requirements under chapter 2, 3 or 5. 7
(2) If this chapter imposes a requirement for or a restriction on the 8
granting of a GHG tenure, it can not be granted if the 9
restriction applies or if the requirement has not been complied 10
with. 11
(3) If a provision of this chapter conflicts with a provision of 12
chapter 2, 3 or 5, the provision of this chapter prevails to the 13
extent of the inconsistency. 14
(4) This chapter does not otherwise limit or affect the 15
requirements of chapter 2, 3 or 5. 16
(5) Subsection (6) applies if this chapter imposes a requirement 17
for or a restriction on the carrying out of an authorised activity 18
for a GHG authority. 19
(6) Despite chapters 2, 3 and 5, the activity is not an authorised 20
activity for the GHG authority while the restriction applies or 21
if the requirement has not been complied with. 22
183 What is an overlapping authority 23
(1) An overlapping authority, for a GHG authority, is any 24
authority of the following types all or part of the area of which 25
is in the GHG authority's area-- 26
(a) an exploration authority (non-GHG); 27
(b) a petroleum lease; 28
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Chapter 4 Coordination with other authorities
Part 1 Preliminary
[s 184]
(c) a mining lease. 1
(2) An overlapping authority, for a proposed GHG authority, is 2
another authority of a type mentioned in subsection (1) (the 3
other authority) all or part of the area of which will if the 4
proposed GHG authority is granted be in the other authority's 5
area. 6
184 What is an exploration authority (non-GHG) 7
An exploration authority (non-GHG) is-- 8
(a) an ATP; or 9
(b) any of the following under the Mineral Resources Act-- 10
(i) a mining claim; 11
(ii) an exploration permit; 12
(iii) a mineral development licence or 13
(c) a geothermal exploration permit. 14
185 General provision about the power to grant GHG 15
authorities for land subject to other authorities 16
Subject to the other provisions of this chapter and chapters 2, 17
3 and 5, another Act relating to the granting of overlapping 18
authorities for GHG authorities or an authority under that Act 19
does not limit or otherwise affect-- 20
(a) the power under this Act to grant a GHG authority over 21
land in the area of an overlapping authority for the 22
proposed GHG authority; or 23
(b) the carrying out of authorised activities for a GHG 24
authority. 25
Page 123
Greenhouse Gas Storage Bill 2008
Chapter 4 Coordination with other authorities
Part 2 Coordination arrangements for GHG leases
[s 186]
Part 2 Coordination arrangements for 1
GHG leases 2
186 GHG coordination arrangements that may be made 3
(1) The holder of a GHG lease may make an arrangement with 4
the holder of an overlapping authority for the GHG lease 5
about GHG stream storage under the lease. 6
(2) A person who proposes to enter into a lease of a type 7
mentioned in subsection (1) may enter into an arrangement 8
mentioned in subsection (1). 9
(3) An arrangement of a type mentioned in subsection (1) that 10
under section 189, has taken effect and has not ceased to 11
operate according to its terms and has not been cancelled 12
under this part is a GHG coordination arrangement. 13
(4) A lease or proposed lease of a type mentioned in subsection 14
(1) is a relevant lease for a GHG coordination arrangement. 15
187 Other provisions about and effect of GHG coordination 16
arrangement 17
(1) A GHG coordination arrangement may-- 18
(a) be for any term; and 19
(b) have more than 2 relevant leases; and 20
(c) be included in, or form part of, a coordination 21
arrangement under the P&G Act. 22
(2) A person other than the holder or proposed holder of a 23
relevant lease may also be a party to the arrangement. 24
(3) A proposed GHG coordination arrangement has no effect 25
unless it is approved by the Minister under section 189. 26
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[s 188]
188 Applying for ministerial approval of proposed GHG 1
coordination arrangement 2
(1) The parties to a proposed GHG coordination arrangement 3
may jointly apply for approval of the arrangement. 4
(2) The application must be-- 5
(a) made to the Minister in the approved form; and 6
(b) accompanied by-- 7
(i) the original or a certified copy of the proposed 8
arrangement; and 9
(ii) the fee prescribed under a regulation. 10
(3) If the proposed arrangement is inconsistent with the current 11
development plan for the GHG lease, the application must be 12
accompanied by a proposed later development plan for the 13
lease. 14
189 Ministerial approval of proposed GHG coordination 15
arrangement 16
(1) The Minister may approve the proposed arrangement only 17
if-- 18
(a) the Minister is satisfied-- 19
(i) the arrangement clearly identifies the safety 20
responsibilities of each party to the arrangement 21
for the land the subject of the arrangement; and 22
(ii) the spatial relationship between the relevant leases 23
for the arrangement is appropriate; and 24
(b) for an application required to be accompanied by a 25
proposed later development plan for a relevant 26
lease--the proposed plan has been approved; and 27
(c) the arrangement is consistent with the purposes of this 28
Act. 29
(2) In considering whether to approve the proposed arrangement 30
the Minister may have regard to any coordination arrangement 31
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[s 190]
or proposed coordination arrangement under the P&G Act or 1
other agreement the Minister considers relevant. 2
(3) The Minister may refuse to approve a proposed GHG 3
coordination arrangement that provides for a party to the 4
arrangement to be granted a pipeline licence for a GHG 5
stream pipeline if the Minister considers that-- 6
(a) having regard to the requirements under the P&G Act 7
chapter 4, the pipeline licence would not be granted if 8
the party were to apply for it; or 9
(b) not enough information has been given to decide 10
whether the licence should be granted; or 11
(c) the spatial relationship between the GHG tenure and an 12
overlapping authority is not appropriate for a GHG 13
coordination arrangement. 14
(4) If a relevant lease has not been granted, the approval does not 15
take effect until the GHG tenure takes effect. 16
190 Approval does not confer right to surrender or renew 17
(1) This section applies if the term of a GHG coordination 18
arrangement is longer than the current term of any relevant 19
lease for the arrangement. 20
(2) To remove any doubt, it is declared that the approval of the 21
arrangement does not impose an obligation or create a right-- 22
(a) to approve a surrender application for a GHG lease; or 23
(b) to renew any other type of relevant lease. 24
191 Grant of pipeline licence 25
(1) This section applies if a GHG coordination arrangement 26
provides for a party to the arrangement to be granted a 27
pipeline licence for a GHG stream pipeline. 28
(2) The Minister may if the party applies under the P&G Act, 29
chapter 4, part 2, grant the pipeline licence. 30
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[s 192]
(3) The P&G Act, section 412 applies as if the application were a 1
pipeline licence application under that Act. 2
(4) However, the provisions of the pipeline licence must be 3
consistent with the arrangement. 4
192 Amendment or cancellation by parties to arrangement 5
(1) A GHG coordination arrangement may be amended or 6
cancelled by the parties to the arrangement only with the 7
Minister's approval. 8
(2) A purported amendment or cancellation of a GHG 9
coordination arrangement by the parties to it has no effect 10
unless it complies with subsection (1). 11
193 Minister's power to cancel arrangement 12
(1) The Minister may by complying with subsections (2) and (3), 13
cancel a GHG coordination arrangement. 14
(2) If the Minister proposes to cancel the arrangement, the 15
Minister must give each holder of a relevant lease a notice 16
stating-- 17
(a) that the Minister proposes to cancel the arrangement; 18
and 19
(b) reasons for the proposed cancellation; and 20
(c) that the holder may make submissions to the Minister 21
about the proposed cancellation or the likely impact of 22
the cancellation on the relevant leases. 23
(3) Before cancelling the arrangement, the Minister must 24
consider-- 25
(a) any submissions made by a holder within the stated 26
period; and 27
(b) the likely impact of the cancellation on the relevant 28
leases; and 29
(c) the public interest. 30
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[s 194]
(4) If the Minister decides to cancel the arrangement, the Minister 1
must give each of the holders an information notice about the 2
decision. 3
(5) The cancellation takes effect on the end of the appeal period 4
for the decision to cancel or if a later day of effect is stated in 5
the information notice, on that day. 6
(6) When the decision takes effect, the arrangement and the 7
Minister's approval of it cease to have effect. 8
194 Cancellation does not affect relevant leases 9
The cancellation of a former GHG coordination arrangement 10
does not affect any relevant lease. 11
Part 3 Obtaining GHG lease if 12
overlapping authority 13
Division 1 Preliminary 14
195 Application of pt 3 15
This part applies if-- 16
(a) a person (the applicant) wishes to make a GHG lease 17
application; and 18
(b) there is an overlapping authority for the proposed GHG 19
lease. 20
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[s 196]
Division 2 Requirements for application 1
196 Requirements for making application 2
(1) The GHG lease application must include-- 3
(a) a statement that complies with section 197 (a GHG 4
statement); and 5
(b) other information that addresses the matters mentioned 6
in subsection (2) (the GHG assessment criteria). 7
(2) The GHG assessment criteria are-- 8
(a) compliance with the P&G Act safety provisions; and 9
(b) the additional requirements under part 7 for proposed 10
initial development plans; and 11
(c) the potential for the parties to make a GHG coordination 12
arrangement for the proposed GHG lease; and 13
(d) the economic and technical viability of the concurrent or 14
coordinated carrying out of authorised activities for the 15
proposed GHG lease and the overlapping authority; and 16
(e) the public interest. 17
197 Content requirements for GHG statement 18
(1) The GHG statement must-- 19
(a) assess-- 20
(i) the likely effect of proposed GHG storage 21
activities under the proposed GHG lease on the 22
future use of resources under the overlapping 23
authority; and 24
(ii) the technical and commercial feasibility of 25
coordinating the proposed GHG storage activities 26
and the future use of the resources; and 27
(b) include a proposed safety management plan for all 28
operating plant proposed to be operated under the 29
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Part 3 Obtaining GHG lease if overlapping authority
[s 198]
proposed GHG lease that may affect the possible future 1
safe and efficient use of the resources. 2
(2) The proposed safety management plan must-- 3
(a) for activities of the plant that may affect future safe and 4
efficient future use of the resources--comply with the 5
requirements under the P&G Act, section 675, for a 6
safety management plan; and 7
(b) include proposals for the minimisation of potential 8
adverse effects on possible future safe and efficient use 9
of the resources under the overlapping authority. 10
Division 3 Consultation provisions 11
198 Applicant's information obligation 12
(1) The applicant must within 10 business days after making the 13
GHG lease application give the overlapping authority holder a 14
copy of the application other than any part of the application 15
relating to the capability criteria. 16
(2) If the Minister is reasonably satisfied the applicant has not 17
complied with subsection (1), the Minister may refuse the 18
application. 19
199 Submissions by overlapping authority holder 20
(1) The overlapping authority holder may make submissions to 21
the Minister about the GHG lease application (holder 22
submissions). 23
(2) However, holder submissions may be made only within 4 24
months after the holder is given a copy of the application. 25
(3) Holder submissions may do all or any of the following-- 26
(a) state that the holder does not object to the granting of 27
the proposed GHG lease; 28
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[s 200]
(b) if the overlapping authority is an exploration authority 1
(non-GHG) other than a geothermal exploration 2
permit--state that the holder does not wish any priority 3
for the resource for which the overlapping authority was 4
granted (overlapping authority priority); 5
(c) include information about authorised activities carried 6
out under the overlapping authority; 7
(d) include a proposal by the overlapping authority holder 8
for the use of the resource; 9
(e) include information relevant to the GHG assessment 10
criteria; 11
(f) propose reasonable provisions for the safety 12
management plan for the proposed GHG lease. 13
(4) The holder must give the applicant a copy of the holder 14
submissions. 15
Division 4 Resource management decision if 16
overlapping non-geothermal 17
authority about exploration 18
200 Application of div 4 19
(1) This division applies if-- 20
(a) the overlapping authority is an exploration authority 21
(non-GHG) other than a geothermal exploration permit; 22
and 23
(b) the overlapping authority holder has made holder 24
submissions within 4 months after the holder was given 25
a copy of the application; and 26
(c) the submissions state that the holder wishes overlapping 27
authority priority. 28
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[s 201]
(2) However, this division does not apply if under another Act 1
about the overlapping authority, overlapping authority priority 2
has been given for any of the relevant land. 3
Note-- 4
If this division does not apply, the GHG lease application proceeds 5
immediately to decision under chapter 3 as affected by division 7. 6
201 Resource management decision 7
The Minister must make a decision (the resource 8
management decision) about whether to-- 9
(a) grant the GHG lease application; or 10
(b) give any overlapping authority priority for all or part of 11
the relevant land; or 12
(c) not to grant the GHG lease application and not to give 13
any overlapping authority priority for any of the relevant 14
land. 15
202 Criteria for decision 16
In making the resource management decision the Minister 17
must have regard to-- 18
(a) the GHG statement; and 19
(b) the GHG assessment criteria; and 20
(c) the holder submissions; and 21
(d) the public interest. 22
203 Restrictions on giving overlapping authority priority 23
Overlapping authority priority may be given only if the 24
Minister considers that-- 25
(a) either-- 26
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Part 3 Obtaining GHG lease if overlapping authority
[s 204]
(i) it is unlikely that the applicant and the overlapping 1
authority holder will enter into a GHG 2
coordination arrangement; or 3
(ii) a GHG coordination arrangement for the proposed 4
GHG lease is not commercially or technically 5
feasible; and 6
(b) the public interest would be best served by not granting 7
a GHG lease to the applicant first. 8
Division 5 Process if resource management 9
decision is to give overlapping 10
authority priority 11
204 Application of div 5 12
This division applies only if-- 13
(a) under division 4, a resource management decision is 14
required for the GHG lease application; and 15
(b) that decision was to give overlapping authority priority 16
for all or part of the relevant land. 17
205 Notice to applicant and overlapping authority 18
holder 19
(1) The chief executive must give the applicant and the 20
overlapping authority holder notice of the resource 21
management decision. 22
(2) The notice must invite the overlapping authority holder to 23
within 6 months after the giving of the notice (the overlapping 24
authority application period) apply for a lease under the Act 25
under which the overlapping authority was granted (a relevant 26
lease)-- 27
(a) if the priority is for all of the land--for all of the land; or 28
(b) if the priority is for part of the land--for that part. 29
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Part 3 Obtaining GHG lease if overlapping authority
[s 206]
206 Relevant lease application for all of the land 1
(1) This section applies if the priority is for all of the land and 2
within the overlapping authority application period the 3
overlapping authority holder applies for a relevant lease for all 4
of the land. 5
(2) A further step can not be taken to decide the GHG lease 6
application until after the relevant lease application has been 7
decided. 8
Note-- 9
Acts under which the overlapping authority was granted provide for 10
refusal of the relevant lease application if it is not pursued in a timely 11
manner. 12
(3) If the decision on the relevant lease application is to grant a 13
relevant lease for all of the land, the GHG lease application is 14
taken to have lapsed. 15
207 Relevant lease application for part of the land 16
(1) This section applies if the overlapping authority holder 17
applies for a relevant lease for part of the land within the 18
overlapping authority application period. 19
(2) The person who made the GHG lease application may amend 20
it so that a GHG lease is only sought for all or part of the rest 21
of the land. 22
(3) Unless the amendment is made, a further step can not be taken 23
to decide the GHG lease application until after the relevant 24
lease application has been decided. 25
(4) If-- 26
(a) the amendment has not been made; and 27
(b) the decision on the relevant lease application is to grant 28
a relevant lease for part of the land; 29
the person who made the GHG lease application may amend it 30
so that a GHG lease is only sought for all or part of the rest of 31
the land. 32
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Part 3 Obtaining GHG lease if overlapping authority
[s 208]
Note-- 1
If the GHG lease application is not amended, see section 211 2
(Application may be refused if no reasonable prospects of GHG 3
coordination arrangement). 4
208 No relevant lease application 5
If the overlapping authority holder does not apply for a 6
relevant lease for any of the land within the overlapping 7
authority application period, the GHG lease application may 8
be decided. 9
Division 6 Resource management decision not 10
to grant and not to give priority 11
209 Lapsing of application 12
The GHG lease application is taken to have lapsed if-- 13
(a) under division 4, a resource management decision is 14
required; and 15
(b) that decision was not to grant the GHG lease application 16
and not to give any overlapping authority priority for 17
any of the relevant land. 18
Division 7 Deciding application 19
210 Application of div 7 20
This division applies if-- 21
(a) the overlapping authority holder has not made holder 22
submissions within 4 months after the holder was given 23
a copy of the application (the submission period) or at 24
all; or 25
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[s 211]
(b) the overlapping authority holder has made holder 1
submissions within the submission period stating that 2
the holder does not wish any overlapping authority 3
priority; or 4
(c) under division 4, a resource management decision is 5
required and-- 6
(i) the resource management decision was not to give 7
overlapping authority priority for any of the 8
relevant land; or 9
(ii) the resource management decision was to give 10
overlapping authority priority for all or part of the 11
relevant land and after division 5 has been 12
complied with the Minister decides to grant a GHG 13
lease for the land. 14
211 Application may be refused if no reasonable prospects of 15
GHG coordination arrangement 16
The Minister may decide to refuse the application if-- 17
(a) the Minister is satisfied the applicant and the 18
overlapping authority holder have made reasonable 19
attempts to reach a proposed GHG coordination 20
arrangement (a relevant arrangement) for the proposed 21
GHG lease; and 22
(b) either-- 23
(i) the overlapping authority holder has given the 24
Minister a notice stating there are no reasonable 25
prospects of a relevant arrangement being made; or 26
(ii) the Minister has not been given a relevant 27
arrangement for approval and the Minister 28
considers the applicant and the overlapping 29
authority holder have had a reasonable opportunity 30
to make a relevant arrangement. 31
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Part 3 Obtaining GHG lease if overlapping authority
[s 212]
212 Additional criteria for deciding provisions of GHG lease 1
In deciding the provisions of the GHG lease the Minister must 2
consider the following-- 3
(a) the GHG statement; 4
(b) the GHG assessment criteria; 5
(c) any holder submissions; 6
(d) the affect of the GHG lease on safe and efficient use of 7
resources under any overlapping lease for the GHG 8
lease; 9
(e) the affect on safe and efficient use of resources under 10
any future lease for the GHG lease that may arise from 11
the overlapping authority. 12
213 Publication of outcome of application 13
(1) After the Minister decides whether or not to grant the GHG 14
lease, the chief executive must publish a notice about the 15
outcome of the GHG lease application in or on at least 1 of the 16
following-- 17
(a) the gazette; 18
(b) the department's website; 19
(c) another publication the chief executive considers 20
appropriate. 21
(2) The notice must state-- 22
(a) the decision; and 23
(b) if the decision was to grant the GHG lease--all 24
conditions of the GHG lease other than the mandatory 25
conditions; and 26
(c) if under division 4, a resource management decision was 27
required and that decision was to give overlapping 28
authority priority for all or part of the land--the 29
decision and the reasons for it. 30
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Part 4 Priority to particular mining or petroleum lease applications
[s 214]
(3) However, if the chief executive considers that information in 1
any condition is commercial-in-confidence, the chief 2
executive may instead of publishing the condition publish a 3
statement about the intent of the condition. 4
Part 4 Priority to particular mining or 5
petroleum lease applications 6
214 Earlier mining or petroleum lease application 7
If-- 8
(a) a GHG lease application is made; and 9
(b) before the making of that application an application was 10
made for a mining lease or petroleum lease; and 11
(c) the mining lease or petroleum lease application had not 12
been decided before the making of the GHG lease 13
application; and 14
(d) if the GHG lease and the mining lease or petroleum 15
lease were both granted, the mining lease or petroleum 16
lease would be an overlapping authority for the GHG 17
lease; 18
the GHG lease application must not be decided until the 19
mining lease or petroleum lease application has been decided. 20
215 Proposed mining or petroleum lease for which EIS 21
approval given 22
(1) This section applies for a GHG lease application if-- 23
(a) before the making of the application, an approval under 24
the Environmental Protection Act, chapter 3, part 2, was 25
granted for the voluntary preparation of an EIS; and 26
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Part 4 Priority to particular mining or petroleum lease applications
[s 216]
(b) the EIS is for a project that is or includes a proposed 1
mining lease or petroleum lease for land the subject of 2
the application. 3
(2) The application must not be decided until-- 4
(a) if no application is made for the mining lease or 5
petroleum lease within 1 year after the granting of the 6
approval--the end of that year; or 7
(b) if an application is made for the mining lease or 8
petroleum lease within that year--that application is 9
decided. 10
216 Proposed mining or petroleum lease declared a 11
significant project 12
(1) This section applies for a GHG lease application if-- 13
(a) before the making of the application, a significant 14
project was declared; and 15
(b) the project is or includes a proposed mining lease or 16
petroleum lease for land the subject of the application. 17
(2) The application must not be decided until-- 18
(a) if no application is made for the mining lease or 19
petroleum lease within 1 year after the making of the 20
declaration--the end of that year; or 21
(b) if an application is made for the GHG lease within that 22
year--that application is decided. 23
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Part 5 GHG lease applications in response to invitation under another Act
[s 217]
Part 5 GHG lease applications in 1
response to invitation under 2
another Act 3
217 Application of pt 5 4
This part applies if-- 5
(a) a GHG lease application is made in response to an 6
invitation given because of a resource management 7
decision under another Act; and 8
(b) the application is made within 6 months after the giving 9
of the invitation. 10
218 Additional ground for refusing application 11
(1) The Minister may decide to refuse the GHG lease application 12
if satisfied the applicant has not in a timely manner-- 13
(a) taken any step for the application required of the 14
applicant under chapter 3 or this chapter; or 15
(b) satisfied the Minister about a matter that under chapter 3 16
or this chapter, is required for the granting of the 17
application. 18
(2) Subsection (2) does not limit section 413. 19
Editor's note-- 20
section 413 (Additional information may be required about application) 21
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Chapter 4 Coordination with other authorities
Part 6 Additional provisions for GHG authorities
[s 219]
Part 6 Additional provisions for GHG 1
authorities 2
Division 1 Restrictions on authorised activities 3
other than for GHG leases 4
219 Overlapping mining or petroleum lease 5
(1) This section applies if land is in the area of both of the 6
following-- 7
(a) a GHG authority other than a GHG lease; 8
(b) a mining lease or petroleum lease. 9
(2) However, this section does not apply if the same person holds 10
the mining lease or petroleum lease and the GHG authority. 11
(3) An authorised activity for the GHG authority may be carried 12
out on the land only if-- 13
(a) the mining lease or petroleum lease holder has not in the 14
way required under subsection (4), objected to-- 15
(i) the carrying out of the activity; or 16
(ii) if the P&G Act safety provisions require a safety 17
management plan for the GHG authority 18
holder--the safety management plan; or 19
(b) if an objection under paragraph (a) has been made--the 20
Minister has decided under section 221 that the 21
authorised activity may be carried out. 22
Note-- 23
For notice of authorised activities, see section 223. 24
(4) The objection must be by a notice given to the Minister and 25
the GHG authority holder. 26
Note-- 27
See also the Mineral Resources Act, section 403 (Offences regarding 28
land subject to mining claim or mining lease). 29
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Part 6 Additional provisions for GHG authorities
[s 220]
220 Overlapping exploration authority (non-GHG) 1
(1) This section applies if land is in the area of both of the 2
following-- 3
(a) a GHG authority other than a GHG lease; 4
(b) an exploration authority (non-GHG). 5
(2) An authorised activity for the GHG authority can not be 6
carried out on the land if-- 7
(a) carrying it out adversely affects the carrying out of an 8
authorised activity for the exploration authority 9
(non-GHG); and 10
(b) the authorised activity for the exploration authority 11
(non-GHG) has already started. 12
221 Resolving disputes 13
(1) This section applies if under section 219, a mining lease or 14
petroleum lease holder has objected to the carrying out of a 15
GHG storage activity by a GHG authority holder. 16
(2) This section also applies if there is a dispute between a GHG 17
permit holder and an exploration authority (non-GHG) holder 18
about whether an authorised activity for the GHG permit can 19
be carried out under section 220. 20
(3) Either of the parties may by a notice in the approved form ask 21
the Minister to decide-- 22
(a) for section 219--whether the authorised activity may be 23
carried out under that section; or 24
(b) for section 220--whether the authorised activity may be 25
carried out under that section. 26
(4) Before making the decision the Minister must give the parties 27
a reasonable opportunity to make submissions about the 28
request within a reasonable period. 29
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Part 6 Additional provisions for GHG authorities
[s 222]
(5) The Minister must, after complying with subsection (4) and 1
considering any submission made under that subsection, 2
decide the matter and give the parties notice of the decision. 3
(6) The Minister's decision binds the parties. 4
(7) If the request is about a matter mentioned in subsection (1), 5
the Minister may impose conditions on any decision that the 6
authorised activity may be carried out. 7
(8) In this section-- 8
parties means-- 9
(a) for a request about a matter mentioned in subsection 10
(1)--the GHG authority holder and the lease holder; or 11
(b) for a request about a matter mentioned in subsection 12
(2)--the GHG permit holder and the exploration 13
authority (non-GHG) holder. 14
Division 2 Additional conditions 15
222 Notice of grant by particular GHG authority holders 16
(1) This section applies if-- 17
(a) a GHG authority other than a GHG lease is granted; and 18
(b) land in the GHG authority's area is in the area of or in a 19
proposed area under an application for any of the 20
following other authorities-- 21
(i) an exploration authority (non-GHG); 22
(ii) a GHG data acquisition authority; 23
(iii) a data acquisition authority under the P&G Act; 24
(iv) a water monitoring authority under the P&G Act. 25
(2) It is a condition of the GHG authority that its holder must 26
within 20 business days after the holder receives notice of the 27
grant, give the holder of or applicant for the other authority a 28
notice stating-- 29
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Part 6 Additional provisions for GHG authorities
[s 223]
(a) that the GHG authority has been granted; and 1
(b) the GHG authority holder's name; and 2
(c) the term of the GHG authority. 3
223 Condition to notify particular other authority holders of 4
proposed start of particular authorised activities 5
(1) This section applies to a GHG authority holder if-- 6
(a) there is any of the following (the other authority) for the 7
GHG authority-- 8
(i) an overlapping authority; 9
(ii) a geothermal exploration permit, mining lease or 10
petroleum tenure that shares a common boundary 11
with the GHG authority; or 12
(b) land in the GHG authority's area is in the area of a data 13
acquisition authority under the P&G Act (also the other 14
authority). 15
(2) Before the GHG authority holder first starts a designated 16
activity in the other authority's area, the GHG authority holder 17
must give the other authority holder at least 30 business days 18
notice of the activity. 19
(3) A notice under subsection (2) must state-- 20
(a) when the designated activity is to start; and 21
(b) where the designated activity is to be carried out; and 22
(c) the nature of the activity. 23
(4) Before changing the land on which the designated activity is 24
being carried out, the GHG authority holder must give the 25
other authority holder at least 30 business days notice stating 26
where the activity is to be carried out. 27
(5) Compliance with this section is a condition of the GHG 28
authority. 29
(6) In this section-- 30
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Part 6 Additional provisions for GHG authorities
[s 224]
designated activity means any authorised activity for the GHG 1
authority other than-- 2
(a) an incidental activity under section 31 or 112; or 3
(b) an activity that only involves selecting places where 4
other authorised activities for the GHG authority may be 5
carried out. 6
224 Continuance of GHG coordination arrangement after 7
transfer 8
(1) This section applies if-- 9
(a) there is an overlapping authority for a GHG lease; and 10
(b) a GHG coordination arrangement applies to the GHG 11
lease; and 12
(c) the GHG lease is transferred. 13
(2) It is a condition of the GHG lease that its holder must continue 14
to be a party to a GHG coordination arrangement for the lease 15
while the overlapping authority continues in force. 16
Division 3 Restriction on Minister's power to 17
amend GHG lease if overlapping 18
authority 19
225 Interests of overlapping authority holder to be 20
considered 21
If there is an overlapping authority for a GHG lease, it may be 22
amended under section 374 only if the interests of the 23
overlapping authority holder have been considered. 24
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Greenhouse Gas Storage Bill 2008
Chapter 4 Coordination with other authorities
Part 7 Additional provisions for development plans if overlapping authority
[s 226]
Part 7 Additional provisions for 1
development plans if 2
overlapping authority 3
226 Operation of pt 7 4
This part imposes additional requirements for the following 5
for a GHG lease or proposed GHG lease for which there is an 6
overlapping authority-- 7
(a) a proposed initial development plan; 8
(b) a proposed later development plan; 9
(c) a proposed amendment under an application to amend a 10
development plan. 11
227 Statement about interests of overlapping authority 12
holder 13
The proposed plan or amendment must include a statement of 14
how the effects on and the interests of any overlapping 15
authority holder have or have not been considered, having 16
regard to the GHG assessment criteria. 17
228 Consistency with overlapping authority's development 18
plan and with any relevant coordination arrangement 19
(1) To the extent the area of the GHG lease and the overlapping 20
authority coincide or will coincide, the proposed plan or 21
amendment must be consistent with any GHG coordination 22
arrangement for that area. 23
(2) Subsection (3) applies if the overlapping authority is a mining 24
lease or petroleum lease. 25
(3) The proposed plan or amendment must to the extent the area 26
of the GHG lease and the mining lease or petroleum lease 27
coincide or will coincide be consistent with the development 28
plan for the overlapping authority. 29
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Chapter 4 Coordination with other authorities
Part 8 Additional provisions for safety management plans
[s 229]
229 Additional criteria for approval 1
In deciding whether to approve the proposed plan or 2
amendment the Minister must consider the GHG assessment 3
criteria. 4
Part 8 Additional provisions for safety 5
management plans 6
230 Grant of GHG lease does not affect obligation to make 7
plan 8
(1) This section applies if a GHG statement accompanies a GHG 9
lease application as required under this chapter. 10
(2) The deciding of the application or the grant of the GHG 11
lease-- 12
(a) does not affect the obligation under the P&G Act safety 13
provisions to make a safety management plan for any 14
operating plant in the GHG lease's area; and 15
(b) is not of itself evidence that a safety management plan, 16
or purported safety management plan, for an operating 17
plant in the GHG lease's area complies with those 18
provisions. 19
231 Requirements for consultation with particular 20
overlapping authority holders 21
(1) This section applies if-- 22
(a) a person (an operator) proposes to be an operator of 23
operating plant under the P&G Act in the area of a GHG 24
tenure; and 25
(b) the operating plant is used or is proposed to be used for 26
GHG storage activities (relevant operating plant); and 27
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Chapter 4 Coordination with other authorities
Part 8 Additional provisions for safety management plans
[s 231]
(c) activities (relevant activities) carried out, or proposed to 1
be carried out, at the plant may adversely affect the safe 2
and efficient use of resources under an overlapping 3
authority for the GHG tenure. 4
(2) Before any operator may operate relevant operating plant, 5
each operator must have made reasonable attempts to consult 6
with the overlapping authority holder about relevant activities 7
for the plant. 8
(3) If there is more than 1 operator, the GHG tenure holder may 9
coordinate the consultation between the operators and the 10
overlapping authority holder. 11
(4) For subsection (2), an operator is taken to have made 12
reasonable attempts to consult if-- 13
(a) the operator gives the overlapping authority holder a 14
copy of the parts of the operator's proposed safety 15
management plan concerning any relevant operating 16
plant the operator proposes to operate for the relevant 17
activities; and 18
Editor's note-- 19
section 197 (Content requirements for GHG statement) 20
(b) the overlapping authority holder has not within 30 days 21
after the giving of the copy made any proposal to the 22
operator about provisions for the plan. 23
(5) An operator must before making or remaking a safety 24
management plan for any relevant operating plant the operator 25
operates or proposes to operate, have regard to any reasonable 26
provisions for the plan proposed by the overlapping authority 27
holder concerning relevant activities for the plant. 28
(6) However, the obligation under subsection (5) applies only to 29
the extent the provisions are commercially and technically 30
feasible for the operator or any relevant GHG tenure holder. 31
(7) If an operator makes a safety management plan for relevant 32
operating plant that includes provisions proposed by the 33
overlapping authority holder, the operator must-- 34
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Chapter 4 Coordination with other authorities
Part 8 Additional provisions for safety management plans
[s 232]
(a) give the overlapping authority holder a copy; and 1
(b) give the chief inspector under the P&G Act a notice 2
stating any provisions proposed under subsection (5) 3
and whether they were included in the plan. 4
(8) In this section-- 5
remaking, a safety management plan, includes an amendment 6
or remaking of the plan of a type required under the P&G Act, 7
section 678. 8
232 Application of P&G Act provisions for resolving disputes 9
about reasonableness of proposed provision 10
(1) This section applies if a dispute exists between an operator 11
under section 231 and an overlapping authority holder about 12
the reasonableness of a provision proposed by the overlapping 13
authority holder for the operator's proposed safety 14
management plan. 15
(2) The P&G Act, section 387, chapter 12 and schedule 1 apply to 16
the dispute as if it were a dispute to which section 387 of that 17
Act applies. 18
Editor's note-- 19
P&G Act, chapter 12 and schedule 1 (Reviews and appeals) 20
Page 149
Greenhouse Gas Storage Bill 2008
Chapter 5 General provisions for GHG authorities
Part 1 GHG injection and storage data acquisition authorities
[s 233]
Chapter 5 General provisions for GHG 1
authorities 2
Part 1 GHG injection and storage data 3
acquisition authorities 4
Division 1 Obtaining authority 5
233 Who may apply for GHG data acquisition authority 6
(1) A GHG tenure holder may apply for a GHG data acquisition 7
authority to allow the applicant to carry out the following 8
activities (data acquisition activities)-- 9
(a) geophysical surveys on land (the data acquisition land) 10
contiguous to land in the GHG tenure's area to enable 11
the applicant to acquire data relevant to authorised 12
activities under the tenure; 13
(b) the entering of the data acquisition land to carry out the 14
geophysical surveys. 15
(2) However, the application can not be made or granted for land 16
in the area of another GHG tenure. 17
(3) The GHG tenure mentioned in subsection (1) is the relevant 18
GHG tenure for the GHG data acquisition authority or 19
proposed GHG data acquisition authority. 20
234 Requirements for making application 21
The application must be-- 22
(a) made to the Minister in the approved form; and 23
(b) accompanied by the fee prescribed under a regulation. 24
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Chapter 5 General provisions for GHG authorities
Part 1 GHG injection and storage data acquisition authorities
[s 235]
235 Deciding application 1
(1) The Minister may grant or refuse the GHG data acquisition 2
authority. 3
(2) However, the GHG data acquisition authority can not be 4
granted unless a relevant environmental authority has been 5
issued. 6
(3) The Minister may as a condition of deciding to grant the GHG 7
data acquisition authority, require the applicant to do all or 8
any of the following within a stated reasonable period-- 9
(a) pay the annual rent for the GHG data acquisition 10
authority; 11
(b) give under section 271, security for the GHG data 12
acquisition authority. 13
(4) If the applicant does not comply with the requirement, the 14
application may be refused. 15
236 Provisions of authority 16
(1) A GHG data acquisition authority must state its term and area. 17
(2) The term must end no later than 1 year after the authority 18
takes effect. 19
(3) The GHG data acquisition authority may also state-- 20
(a) conditions or other provisions of the GHG data 21
acquisition authority other than conditions or provisions 22
that are-- 23
(i) inconsistent with section 238, 239 or 243 or any 24
other mandatory condition for data acquisition 25
authorities; or 26
Note-- 27
Other provisions of this chapter also impose mandatory 28
conditions on data acquisition authorities. See, in 29
particular, part 12. 30
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Chapter 5 General provisions for GHG authorities
Part 1 GHG injection and storage data acquisition authorities
[s 237]
(ii) inconsistent with a condition of the relevant GHG 1
tenure; or 2
(iii) the same as or substantially the same as or 3
inconsistent with any relevant environmental 4
condition; and 5
(b) the day it takes effect. 6
(4) However, the provisions of the GHG data acquisition 7
authority may exclude or restrict the carrying out of data 8
acquisition activities. 9
237 Notice of refusal 10
If the Minister decides to refuse the application, the Minister 11
must give the applicant notice of the decision. 12
Division 2 Provisions for GHG data acquisition 13
authorities 14
238 Key authorised activities 15
A GHG data acquisition authority authorises its holder to 16
carry out data acquisition activities in the authority's area. 17
Notes-- 18
1 For other authorised activities, see parts 7, division 4 (Access to 19
private land outside area of GHG authority) and 12 (General 20
provisions for conditions and authorised activities). 21
2 For general restrictions on authorised activities, their relationship 22
with owner's and occupiers' rights and who may carry out 23
authorised activities for a GHG authority holder, see part 12, 24
division 3. 25
239 Additional condition of relevant GHG tenure 26
If a condition is imposed on a GHG data acquisition authority 27
(the authority condition), it is a condition of the relevant 28
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Chapter 5 General provisions for GHG authorities
Part 1 GHG injection and storage data acquisition authorities
[s 240]
GHG tenure that the tenure holder must comply with the 1
authority condition. 2
240 Authority holder is the relevant GHG tenure holder from 3
time to time 4
The holder of a GHG data acquisition authority is taken to be 5
the person who, from time to time, holds the relevant GHG 6
tenure. 7
241 Authority ends if relevant GHG tenure ends 8
(1) A GHG data acquisition authority ends if the relevant GHG 9
tenure ends. 10
(2) Subsection (1) applies subject to any noncompliance action 11
taken for the GHG data acquisition authority or the relevant 12
GHG tenure. 13
242 Relationship with subsequent GHG tenure 14
(1) This section applies if a GHG tenure is granted over land in 15
the area of a GHG data acquisition authority 16
(2) The grant does not limit the GHG data acquisition authority or 17
its term. 18
(3) However, an authorised activity for the GHG data acquisition 19
authority may be carried out on the land only if-- 20
(a) carrying out the activity does not adversely affect the 21
carrying out of an authorised activity for the GHG 22
tenure; or 23
(b) the agreement conditions have been complied with. 24
(4) In this section-- 25
agreement conditions means that-- 26
(a) the GHG tenure holder has agreed in writing to the 27
carrying out of the activity; and 28
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Chapter 5 General provisions for GHG authorities
Part 1 GHG injection and storage data acquisition authorities
[s 243]
(b) a copy of the agreement has been given to the chief 1
executive; and 2
(c) the agreement is still in force. 3
243 Annual rent 4
(1) A GHG data acquisition authority holder must pay the State 5
the rent as prescribed under a regulation. 6
Note-- 7
See also section 372 (Interest on amounts owing to the State) 8
(2) The rent must be paid in the way, and on or before the day, 9
prescribed under a regulation. 10
244 End of authority report for GHG data acquisition 11
authority 12
(1) This section applies if a data acquisition authority ends. 13
(2) The person who held the authority immediately before it 14
ended must, within 6 months give in the required way the 15
chief executive a report relating to the former authority about 16
the matters mentioned in section 259. 17
Maximum penalty--150 penalty units. 18
(3) However, subsection (2) applies only to the extent the matters 19
are relevant to the former authority. 20
Page 154
Greenhouse Gas Storage Bill 2008
Chapter 5 General provisions for GHG authorities
Part 2 GHG storage viability assessment
[s 245]
Part 2 GHG storage viability 1
assessment 2
245 Minister's power to require GHG viability report 3
(1) The Minister may by notice (a report requirement) require a 4
GHG tenure holder to give the Minister a report (a GHG 5
viability report) about all or a stated part of its area if-- 6
(a) the holder is not carrying out GHG storage exploration 7
or GHG stream storage in the area or stated part; and 8
(b) the Minister is of the opinion that-- 9
(i) it is viable to carry out GHG stream storage in the 10
area or stated part; or 11
(ii) it may be viable to carry out GHG stream storage 12
in the area or stated part within 10 years. 13
Note-- 14
For the relevance of this period, see section 102 (Deciding 15
potential storage area application). 16
(2) The notice must state each of the following-- 17
(a) the Minister's opinion under subsection (1)(b)(i) or (ii); 18
(b) the facts and circumstances forming the basis for the 19
opinion; 20
(c) that the Minister requires the holder to give the Minister 21
a GHG viability report about the area; 22
(d) a reasonable period for giving the report. 23
246 Required content of GHG viability report 24
(1) A GHG viability report must-- 25
(a) identify each GHG storage reservoir in the area the 26
subject of the relevant report requirement; and 27
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Chapter 5 General provisions for GHG authorities
Part 2 GHG storage viability assessment
[s 247]
(b) state whether in the opinion of the relevant GHG tenure 1
holder, it is currently viable to carry out GHG stream 2
storage in the area; and 3
(c) if the holder's opinion is that it is not viable to carry out 4
GHG stream storage in the area, state-- 5
(i) whether in the holder's opinion, it may at any time 6
in the future be viable to carry out GHG stream 7
storage in the area; and 8
(ii) if the opinion is that it may at some time in the 9
future be viable to carry out GHG stream storage in 10
the area--the holder's assessment of when that 11
time may be; and 12
(d) give data, and an analysis of the data, that supports each 13
opinion. 14
(2) The supporting data and analysis must include-- 15
(a) technical data relating to the geology of GHG storage 16
reservoirs in the area; and 17
(b) market and financial data relevant to the opinions. 18
247 Minister's power to obtain independent viability 19
assessment 20
(1) This section applies for a GHG tenure, whether or not its 21
holder has given a GHG viability report about the tenure. 22
(2) The Minister may obtain an independent assessment of the 23
viability of carrying out GHG stream storage in all or part of 24
the GHG tenure's area (an independent viability assessment). 25
(3) However, before seeking the assessment, the Minister must 26
give the holder a notice stating each of the following-- 27
(a) that the Minister proposes to obtain the assessment; 28
(b) the Minister's reasons for seeking the assessment; 29
(c) whether the State will under section 248, seek to recover 30
the costs of the assessment; 31
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Greenhouse Gas Storage Bill 2008
Chapter 5 General provisions for GHG authorities
Part 3 Ownership and decommissioning of GHG stream pipelines
[s 248]
(d) that the holder may within a stated reasonable period 1
make submissions to the Minister about the proposed 2
assessment. 3
(4) The Minister must consider any submissions made under 4
subsection (3)(d). 5
(5) The Minister must after receiving the assessment, give the 6
holder a copy. 7
248 Costs of independent viability assessment 8
If-- 9
(a) the Minister has incurred costs in obtaining under 10
section 247, an independent viability assessment about a 11
GHG tenure; and 12
(b) the notice under section 247 about the assessment stated 13
that the State will seek to recover the costs; and 14
(c) the Minister has given the GHG tenure holder a notice 15
requiring the holder to pay a reasonable amount for the 16
costs; 17
the holder must pay the State a reasonable amount for the 18
costs. 19
Part 3 Ownership and 20
decommissioning of GHG 21
stream pipelines 22
249 Application of pt 3 23
This part applies for a pipeline constructed or operated under 24
a GHG tenure. 25
Page 157
Greenhouse Gas Storage Bill 2008
Chapter 5 General provisions for GHG authorities
Part 3 Ownership and decommissioning of GHG stream pipelines
[s 250]
Note-- 1
See sections 31 (Incidental activities) and 111 (GHG stream pipeline 2
and water pipeline construction and operation). 3
250 General provision about ownership while tenure is in 4
force for pipeline 5
(1) This section applies while the land on which the pipeline is 6
constructed is, and continues to be, in the GHG tenure's area. 7
(2) The pipeline is taken to be the personal property of the holder 8
of the GHG tenure. 9
(3) The pipeline remains the holder's personal property despite-- 10
(a) it having become part of the land; or 11
(b) the sale or other disposal of the land. 12
(4) The pipeline can not be-- 13
(a) levied or seized in execution; or 14
(b) sold in exercise of a power of sale or otherwise disposed 15
of by a process under a law of a State taken against the 16
holder or the owner of the land. 17
(5) Subsections (2) to (4) apply despite-- 18
(a) an Act or law of a State; or 19
(b) a contract, covenant or claim of right under a law of a 20
State. 21
251 Ownership afterwards 22
(1) This section applies if the GHG tenure (the original tenure) 23
ends or the land on which the pipeline is constructed ceases to 24
be in the original tenure's area. 25
(2) Section 250 applies and continues to apply for the pipeline 26
and for any subsequent GHG tenure to the original tenure or 27
pipeline licence for the pipeline. 28
(3) However, the application of section 250 is subject to-- 29
Page 158
Greenhouse Gas Storage Bill 2008
Chapter 5 General provisions for GHG authorities
Part 3 Ownership and decommissioning of GHG stream pipelines
[s 252]
(a) section 356; and 1
Editor's note-- 2
section 356 (Power of authorised person to ensure compliance) 3
(b) any condition of the former tenure. 4
(4) Also, if the pipeline is decommissioned under section 252 the 5
following person may dispose of it to anyone else-- 6
(a) if no subsequent GHG tenure was granted for the 7
land--the holder or former holder of the original tenure; 8
(b) if a subsequent GHG tenure was granted for the 9
land--the holder or former holder of that tenure. 10
252 Obligation to decommission pipelines on cessation or 11
reduction of tenure 12
(1) The holder of a GHG tenure must before the 13
decommissioning day, decommission in the way prescribed 14
under a regulation any pipeline in the tenure's area. 15
(2) However, subsection (1)-- 16
(a) does not apply if the pipeline was constructed or 17
operated under another GHG tenure or a petroleum 18
authority; and 19
(b) ceases to apply if the operation of the pipeline becomes 20
an authorised activity for another GHG tenure or a 21
petroleum authority. 22
(3) Also, subsection (1) does not apply for a pipeline if-- 23
(a) the pipeline was constructed or operated under a 24
pipeline licence; and 25
(b) the licence is under the P&G Act, surrendered or 26
otherwise ends for the purpose of the pipelines the 27
subject of the licence becoming the subject of another 28
pipeline licence. 29
(4) In this section-- 30
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Greenhouse Gas Storage Bill 2008
Chapter 5 General provisions for GHG authorities
Part 4 Reporting and information provisions
[s 253]
decommissioning day means the latest of the following 1
days-- 2
(a) the earlier of the following-- 3
(i) the day the GHG tenure ends; 4
(ii) the day the land ceases to be in the GHG tenure's 5
area; 6
(b) if before the day provided for under paragraph (a), the 7
Minister fixes a day--that day; 8
(c) if before a day fixed under paragraph (b), the Minister 9
fixes a later day--that day. 10
Part 4 Reporting and information 11
provisions 12
Division 1 General reporting provisions 13
253 Requirement of GHG tenure holder to report outcome of 14
GHG storage injection testing 15
(1) This section applies if a GHG tenure holder carries out GHG 16
storage injection testing. 17
(2) The holder must within 40 business days after the testing ends 18
give the chief executive a report stating the outcome of the 19
testing. 20
(3) The report must also state how much water was taken during 21
the testing. 22
254 Monitoring reports by GHG lease holder 23
(1) This section applies to the holder of a GHG lease. 24
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Greenhouse Gas Storage Bill 2008
Chapter 5 General provisions for GHG authorities
Part 4 Reporting and information provisions
[s 254]
(2) The holder must within 2 months after each of its anniversary 1
days give each relevant chief executive a monitoring report for 2
the 12 months that ended on the last anniversary day. 3
Maximum penalty--150 penalty units. 4
(3) Any relevant chief executive may by notice require the holder 5
to within 30 business days give each relevant chief executive a 6
monitoring report for the period since-- 7
(a) the holder last gave a monitoring report under 8
subsection (2); or 9
(b) if a monitoring report has not yet been required to be 10
given under subsection (2)--the granting of the GHG 11
lease. 12
(4) The holder must comply with a notice given under subsection 13
(3). 14
Maximum penalty--150 penalty units. 15
(5) In this section-- 16
anniversary day, for a GHG lease, means each day that is the 17
anniversary of the day on which it took effect. 18
monitoring report means a report about the expected 19
migration pathway or pathways of GHG streams during and 20
after injection into GHG storage reservoirs under the GHG 21
lease. 22
relevant chief executive means-- 23
(a) the chief executive of the department in which this Act 24
is administered; or 25
(b) the chief executive of the department in which the 26
Environmental Protection Act is administered; or 27
(c) the chief executive of the department in which the Water 28
Act is administered. 29
Page 161
Greenhouse Gas Storage Bill 2008
Chapter 5 General provisions for GHG authorities
Part 4 Reporting and information provisions
[s 255]
255 Relinquishment report by GHG permit holder 1
(1) If part of the area of a GHG permit is relinquished as required 2
or authorised under this Act, its holder must within 6 months 3
give the chief executive a report that-- 4
(a) describes-- 5
(i) the authorised activities for the GHG permit 6
carried out in the part; and 7
(ii) the results of the activities; and 8
(b) includes other information prescribed under a 9
regulation. 10
Maximum penalty--200 penalty units. 11
(2) The report must-- 12
(a) be given electronically using the system for submission 13
of reports made or approved by the chief executive; and 14
(b) be in the digital format made or approved by the chief 15
executive. 16
(3) The chief executive must ensure the system and a document 17
detailing the digital format made or approved by the chief 18
executive are available for inspection on the department's 19
website. 20
(4) The requirements under subsection (2) are the required way 21
for giving the chief executive reports. 22
256 End of tenure report 23
If a GHG tenure ends, the person who held the tenure 24
immediately before it ended must, within 6 months, give the 25
chief executive a report in the required way that-- 26
(a) includes all of the following-- 27
(i) a summary of all authorised activities for the GHG 28
tenure carried out for the tenure since it took effect; 29
(ii) a summary of the results of the activities; 30
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Greenhouse Gas Storage Bill 2008
Chapter 5 General provisions for GHG authorities
Part 4 Reporting and information provisions
[s 257]
(iii) an index of all reports given as required under this 1
Act, for the activities; 2
(iv) a summary of all significant hazards created to 3
future safe and efficient mining that under the 4
P&G Act safety provisions, are required to be 5
reported by the person; 6
(v) for each hazard mentioned in the summary under 7
subparagraph (iv)--a reference to the report that 8
contains details of the hazard; 9
(vi) information about the amount and location of GHG 10
stream storage done in, and water produced from, 11
the GHG tenure's area; 12
(vii) any information related to information mentioned 13
in subparagraph (vi) that may help the 14
understanding of the size or amount and location of 15
any GHG stream storage sites in, or water that may 16
be produced from, the area; 17
(viii) any information required to be reported under this 18
Act that has not been previously reported; and 19
(b) states any other information prescribed under a 20
regulation. 21
Maximum penalty--150 penalty units. 22
257 Power to require information or reports about authorised 23
activities to be kept or given 24
(1) A regulation or the chief executive may for the services of the 25
State require a GHG authority holder to-- 26
(a) keep in a stated way stated information or types of 27
information about authorised activities carried out under 28
the GHG authority; or 29
Example of a way of keeping information-- 30
in a stated digital format 31
Page 163
Greenhouse Gas Storage Bill 2008
Chapter 5 General provisions for GHG authorities
Part 4 Reporting and information provisions
[s 258]
(b) give the chief executive a notice giving stated 1
information or types of information or stated reports at 2
stated times or intervals about authorised activities 3
carried out under the GHG authority. 4
Example of a stated time-- 5
for a report about a GHG well, 6 months after its completion 6
(2) For subsection (1), the information or report required to be 7
given or kept may be-- 8
(a) exploration data; or 9
(b) opinions, conclusions, technical consolidations and 10
advanced interpretations based on exploration data. 11
(3) A notice under subsection (1)(b)-- 12
(a) may state-- 13
(i) a format required for giving the information; and 14
(ii) a degree of precision required for the giving of the 15
information; and 16
(b) must be given to the chief executive and be in the 17
approved form. 18
(4) A person of whom a requirement under subsection (1) has 19
been made must comply with the requirement. 20
Maximum penalty--100 penalty units. 21
(5) In this section-- 22
information includes documents, records and samples. 23
Division 2 Records and samples 24
258 Requirement to keep records and samples 25
(1) A GHG tenure holder must for the period and in the way 26
prescribed under a regulation keep the records and samples 27
Page 164
Greenhouse Gas Storage Bill 2008
Chapter 5 General provisions for GHG authorities
Part 4 Reporting and information provisions
[s 259]
about authorised activities carried out under the tenure as 1
prescribed under a regulation. 2
Maximum penalty--500 penalty units. 3
(2) For subsection (1), the prescribed records may be-- 4
(a) exploration data; or 5
(b) opinions, conclusions, technical consolidations and 6
advanced interpretations based on exploration data. 7
259 Requirement to give records and samples 8
(1) A person who under section 258, is required to keep a record 9
or sample must for the services of the State give a copy of the 10
record and a part of the sample to the chief executive within 6 11
months after the earlier of the following (the required time)-- 12
(a) the day the record or sample was acquired or made; 13
(b) the day the relevant GHG tenure ends. 14
Maximum penalty--500 penalty units. 15
(2) The copy of the record must be given in the required way for 16
giving reports to the chief executive. 17
(3) If the chief executive gives the person a notice asking the 18
person for more of the sample, the person must give it to the 19
chief executive at the address stated in the notice within the 20
reasonable time stated in the notice (also the required time) 21
unless the holder has a reasonable excuse. 22
Maximum penalty--500 penalty units. 23
(4) The chief executive may extend the required time by up to 1 24
year if-- 25
(a) the person asks for the extension before the required 26
time ends; and 27
(b) the chief executive is satisfied the extension is 28
necessary. 29
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Chapter 5 General provisions for GHG authorities
Part 4 Reporting and information provisions
[s 260]
(5) However, the extension must not end later than-- 1
(a) for subsection (1)--6 months after the required time 2
ends; or 3
(b) for subsection (3)--1 year after the required time ends. 4
(6) Without limiting subsection (1), the uses to which the State 5
may put the copy of the record and the part of the sample may 6
include-- 7
(a) the building of a publicly available database to facilitate 8
petroleum exploration for the services of the State; and 9
(b) GHG exploration. 10
Division 3 Releasing required information 11
260 Meaning of required information 12
The required information, for a GHG authority, is 13
information (in any form) about authorised activities carried 14
out under the authority that the authority holder has given 15
under this Act, including for example-- 16
(a) a sample; and 17
(b) data and other matters mentioned in section 257(2). 18
261 Public release of required information 19
(1) The mere fact of the existence of a GHG authority is taken to 20
be an authorisation from its holder to the chief executive to do 21
the following, after the end of any confidentiality period 22
prescribed under a regulation-- 23
(a) publish in the way prescribed under a regulation 24
required information for the GHG authority for public 25
use; 26
(b) on payment of a fee prescribed under a regulation, make 27
it available to any person. 28
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Greenhouse Gas Storage Bill 2008
Chapter 5 General provisions for GHG authorities
Part 5 General provisions for wells
[s 262]
(2) Any confidentiality period prescribed under subsection (1) 1
ceases if the information is about an authorised activity 2
carried out only in an area that is no longer in the GHG 3
authority's area. 4
Example-- 5
The required information is a well completion report about a well drilled 6
on particular land in the area of a GHG permit. Subsection (1) ceases to 7
apply if all of that land is relinquished under the relinquishment 8
condition. 9
(3) The authorisation is not affected by the ending of the GHG 10
authority. 11
262 Chief executive may use required information 12
(1) The mere fact of the existence of a GHG authority is taken to 13
be an authorisation from its holder to the chief executive to 14
use required information for-- 15
(a) purposes reasonably related to this Act that are required 16
for the GHG authority; or 17
(b) the services of the State. 18
(2) The authorisation is not affected by the ending of the GHG 19
authority. 20
Part 5 General provisions for wells 21
Division 1 Responsibility for wells 22
263 Former petroleum wells assumed by GHG tenure holder 23
If under the P&G Act, section 292(3)(c), a GHG tenure holder 24
assumes responsibility for a well, this Act applies to the 25
holder in relation to the well as if it were a GHG well. 26
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Part 5 General provisions for wells
[s 264]
264 Requirements for drilling GHG well 1
A person drilling a GHG well must comply with-- 2
(a) any requirements prescribed under a regulation for the 3
drilling of the GHG well; and 4
(b) any relevant requirements about construction and 5
drilling standards for water bore drilling activities under 6
the Water Act. 7
Maximum penalty--500 penalty units. 8
Division 2 Decommissioning of wells 9
265 Application of div 2 10
This division applies to the following wells in the area of a 11
GHG tenure-- 12
(a) a GHG well drilled by or for the GHG tenure holder; 13
(b) a well that is or has been a petroleum well for which the 14
holder has under the P&G Act, section 292(3)(c), 15
assumed responsibility. 16
266 Restriction on decommissioning well 17
It is a condition of the GHG tenure that the GHG tenure 18
holder may decommission the well only if the GHG storage 19
reservoir to which the well relates has no available storage 20
capacity for any further injection for GHG storage. 21
267 Obligation to decommission 22
(1) Subject to section 266, the GHG tenure holder must ensure 23
the well is decommissioned from use under this Act before-- 24
(a) for a GHG lease--the GHG storage reservoir to which 25
the well relates has no available storage capacity for any 26
further injection for GHG storage; or 27
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Chapter 5 General provisions for GHG authorities
Part 5 General provisions for wells
[s 268]
(b) for a GHG permit--the permit ends or the land on 1
which the well is located ceases to be in the permit's 2
area. 3
Maximum penalty--500 penalty units. 4
(2) However, subsection (1) does not apply for land that, under 5
section 48(1), ceases to be in the area of a GHG permit. 6
(3) For subsection (1), the well is decommissioned from use 7
under this Act only if-- 8
(a) it has been plugged and abandoned in the way 9
prescribed under a regulation; and 10
(b) any relevant requirements under the Water Act for the 11
decommissioning of water bores have been complied 12
with; and 13
(c) the responsible person has given the Water Act Minister 14
a notice in the approved form about the 15
decommissioning. 16
268 Right of entry to facilitate decommissioning for GHG 17
permit 18
(1) This section applies if-- 19
(a) the GHG tenure is a GHG permit; and 20
(b) the GHG permit has ended or the land on which the well 21
is located is no longer in the GHG tenure's area; and 22
(c) the GHG permit holder or former holder has not carried 23
out decommissioning as required under section 267. 24
(2) The holder or former holder may enter the following land to 25
carry out the decommissioning-- 26
(a) land (the primary land) on which the decommissioning 27
must be or was required to be carried out; 28
(b) any other land (the access land) it is reasonably 29
necessary to cross for access to the primary land. 30
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Chapter 5 General provisions for GHG authorities
Part 5 General provisions for wells
[s 269]
(3) Parts 7, 8 and 10 apply to the holder or former holder in the 1
following way-- 2
(a) if the GHG permit has ended, as if-- 3
(i) it were still in force; and 4
(ii) the former holder were still its holder; 5
(b) as if the primary land and access land is in the GHG 6
permit's area; 7
(c) as if the decommissioning is an authorised activity for 8
the GHG tenure. 9
Editor's note-- 10
parts 7 (Private land), 8 (Public land) and 10 (General compensation 11
provisions) 12
269 Responsibility for well after decommissioning 13
(1) This section applies if the GHG tenure holder has 14
decommissioned a well under section 267. 15
Note-- 16
For ownership before decommissioning, see section 327 (Ownership of 17
equipment and improvements). 18
(2) Despite the decommissioning, the holder continues to be 19
responsible under this Act for the well until the earlier of the 20
following times (the relevant time)-- 21
(a) when the GHG tenure ends; 22
(b) when the land on which the well is located ceased to be 23
in the GHG tenure's area. 24
(3) At the relevant time the well is taken to have been transferred 25
to the State. 26
(4) Subsection (3) applies despite-- 27
(a) the well being on or part of land owned by someone 28
else; or 29
(b) the sale or other disposal of the land. 30
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Part 6 Security
[s 270]
Part 6 Security 1
270 Operation and purpose of pt 6 2
(1) This part empowers the Minister to require, from time to time, 3
the holder of a GHG authority or a person who has applied for 4
a GHG authority to give the State security for the authority or 5
proposed authority. 6
(2) The security may be used to pay-- 7
(a) any liability under this Act that the State incurs because 8
of an act or omission of the holder; and 9
(b) any unpaid annual rent payable by the holder to the 10
State; and 11
(c) other unpaid amounts payable under this Act by the 12
holder to the State, including for example, any of the 13
following payable by the holder to the State-- 14
(i) unpaid civil penalty; 15
(ii) unpaid interest on unpaid annual rent; 16
(iii) any debt payable by the holder under section 371; 17
and 18
(d) any compensation the State must pay under section 360 19
because of the exercise or purported exercise of a 20
remedial power under section 356 for the GHG 21
authority, whether or not the authority has ended. 22
271 Power to require security for GHG authority 23
(1) The Minister may require the holder of a GHG authority or a 24
person who has applied for a GHG authority to give the State 25
security for the authority, or proposed authority. 26
(2) The security must be-- 27
(a) in the form prescribed under a regulation; and 28
(b) of at least the amount prescribed under a regulation. 29
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Part 6 Security
[s 272]
(3) The requirement may be made at any time. 1
(4) However, the requirement does not take effect until the holder 2
or applicant is given-- 3
(a) for a requirement to give security in the form and 4
amount prescribed under subsection (2)--notice of the 5
requirement; or 6
(b) otherwise--an information notice about the decision to 7
make the requirement. 8
272 Minister's power to require additional security 9
(1) The Minister may at any time require a GHG authority holder 10
to increase the amount of security given for the authority. 11
(2) However-- 12
(a) if, because of an increase in the prescribed amount 13
under section 271(2), the requirement is to increase the 14
total security required to no more than the increased 15
prescribed amount--the requirement must be made by 16
notice to the holder; or 17
(b) if the requirement is to increase the total security 18
required to more than the prescribed amount under 19
section 271(2) when the requirement is made-- 20
(i) subsections (3) to (6) must be complied with 21
before making the requirement; and 22
(ii) the requirement does not take effect until the 23
holder is given an information notice about the 24
decision to make the requirement. 25
(3) The Minister must give the holder notice-- 26
(a) stating the proposed increased amount of the security 27
for the GHG authority; and 28
(b) inviting the holder to within a stated reasonable period 29
make submissions to the Minister about the proposed 30
increased amount. 31
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Part 6 Security
[s 273]
(4) The stated period must end at least 20 business days after the 1
holder is given the notice. 2
(5) The Minister must consider any submissions made by the 3
holder within the stated period. 4
(6) In this section-- 5
security given includes security given or increased because of 6
a requirement under subsection (1). 7
273 Interest on security 8
The State may keep any interest that accrues on security given 9
under this part for a GHG authority. 10
274 Power to use security 11
The State may use security given under this part for a GHG 12
authority and any interest that accrues on the security to make 13
a payment mentioned in section 270(2) concerning the 14
authority. 15
275 Replenishment of security 16
(1) This section applies if-- 17
(a) under section 274, all or part of the security for a GHG 18
authority has been used; and 19
(b) the GHG authority is still in force. 20
(2) The Minister must give the GHG authority holder a notice-- 21
(a) stating how much of the security has been used; and 22
(b) directing the holder to within 30 days after the giving of 23
the notice replenish the security for the GHG authority 24
up to the higher of the following-- 25
(i) the amount prescribed under a regulation; 26
(ii) if the notice states that under section 271, another 27
amount is required--the other amount. 28
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Chapter 5 General provisions for GHG authorities
Part 7 Private land
[s 276]
276 Security not affected by change in authority holder 1
(1) This section applies if security for a GHG authority has been 2
given under this part for the authority and its holder changes. 3
(2) Despite the change, the security and any interest that accrues 4
on it continues in force for the benefit of the State and may be 5
used under section 274. 6
(3) If the security is in the form of money, until the security is 7
replaced or refunded it continues in force for the holder from 8
time to time of the GHG authority. 9
277 Retention of security after GHG authority ends 10
(1) Security or part of security given for a GHG authority may be 11
kept for 1 year after the authority has ended. 12
(2) Also, if a claim made for the use of the security has not been 13
assessed, an appropriate amount of the security to meet the 14
claim may be kept until the claim has been assessed. 15
Part 7 Private land 16
Division 1 Preliminary 17
278 Application of pt 7 18
This part applies for a GHG authority in relation to all private 19
land unless its holder owns the land. 20
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Chapter 5 General provisions for GHG authorities
Part 7 Private land
[s 279]
Division 2 Requirement for entry notice for 1
entry to private land in area of GHG 2
authority 3
279 Requirement for entry notice to carry out authorised 4
activities 5
(1) A person must not enter private land to carry out an authorised 6
activity for a GHG authority unless-- 7
(a) the GHG authority holder has at least 10 business days 8
before the entry given each owner and occupier of the 9
land notice under this part (an entry notice) of the 10
proposed entry; or 11
(b) the entry is needed to preserve life or property because 12
of a dangerous situation or emergency that exists or may 13
exist; or 14
(c) each owner and occupier of the land has agreed that an 15
entry notice is not required. 16
Maximum penalty--500 penalty units. 17
(2) If a person proposes to enter the land under subsection (1)(b), 18
the person must if practicable notify each owner and occupier 19
of the land orally before entering the land. 20
(3) An agreement under subsection (1)(c) is a waiver of entry 21
notice. 22
280 Waiver of entry notice 23
(1) A waiver of entry notice must-- 24
(a) be signed; and 25
(b) state each of the following-- 26
(i) that the owner or occupier has been told they are 27
not required to agree to the waiver of entry notice; 28
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Part 7 Private land
[s 281]
(ii) the authorised activities proposed to be carried out 1
on the land; 2
(iii) the period during which the land will be entered; 3
(iv) when and where the activities are proposed to be 4
carried out. 5
(2) The owner or occupier can not withdraw the waiver of entry 6
notice during the period. 7
(3) The waiver of entry notice ceases to have effect at the end of 8
the period. 9
281 Required contents of entry notice 10
(1) An entry notice must state each of the following-- 11
(a) the land proposed to be entered; 12
(b) the period during which the land will be entered (the 13
entry period); 14
(c) the activities proposed to be carried out on the land; 15
(d) when and where the activities are proposed to be carried 16
out; 17
(e) contact details for-- 18
(i) the relevant GHG authority holder; or 19
(ii) another person the holder has authorised to discuss 20
the matters stated in the notice. 21
(2) The entry period must not be longer than-- 22
(a) for a GHG permit--6 months; or 23
(b) for another GHG authority--1 year. 24
(3) However, for a GHG lease the entry period may be longer if 25
the person to whom the notice is required to be given agrees in 26
writing. 27
(4) Subject to subsections (2) and (3), an entry notice given to 1 28
owner or occupier of the land may state a different entry 29
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Chapter 5 General provisions for GHG authorities
Part 7 Private land
[s 282]
period from an entry notice given to another owner or 1
occupier of the land. 2
(5) If a proposed activity is not likely to significantly disrupt 3
activities the occupier of the land ordinarily carries out on the 4
land, the entry notice may comply with subsection (1)(c) and 5
(d) by generally describing the nature and extent of the 6
activity. 7
(6) The entry notice must include or be accompanied by an 8
information statement in the approved form about the rights 9
and obligations of holders, owners and occupiers relating to 10
the entry of land under a GHG authority. 11
282 Giving entry notice by publication 12
(1) The chief executive may approve a GHG authority holder 13
giving an entry notice by publishing it in a stated way. 14
(2) The publication may relate to more than 1 entry notice. 15
(3) The chief executive may give the approval only if satisfied the 16
publication is reasonably likely to adequately inform the 17
person to whom the notice is required to be given of the 18
proposed entry at least 10 business days before the entry is to 19
happen. 20
(4) If the chief executive gives the approval, the entry notice may 21
instead of complying with section 281(6) state where a copy 22
of the information statement mentioned in that subsection 23
may be obtained or inspected free of charge. 24
Division 3 Requirement for further notice 25
before carrying out authorised 26
activities on private land 27
283 Application of div 3 28
(1) This division applies if a GHG authority holder proposes to-- 29
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Chapter 5 General provisions for GHG authorities
Part 7 Private land
[s 284]
(a) first enter private land to carry out authorised activities 1
for the GHG authority; or 2
(b) allow someone else for the holder to first enter private 3
land to carry out authorised activities for the GHG 4
authority. 5
(2) This division applies whether or not an entry notice has been 6
given for the proposed entry. 7
284 Requirement to give further notice 8
(1) The GHG authority holder must give each owner and occupier 9
of the land notice-- 10
(a) of the proposed entry; and 11
(b) accurately of when and where the authorised activities 12
are proposed to be carried out. 13
(2) The notice must be given-- 14
(a) generally--at least 2 business days before the proposed 15
entry; or 16
(b) if the holder and each owner and occupier of the land 17
have agreed to a longer or shorter period for giving the 18
notice--within the longer or shorter period. 19
(3) The notice may be written or verbal and may be given in any 20
way, including for example, in person, by email, facsimile 21
transmission, letter or a hand written note. 22
285 Failure to give further notice 23
(1) The GHG authority holder must comply with section 284. 24
Maximum penalty--50 penalty units. 25
(2) However, a failure to comply with section 284 does not 26
prevent the authorised activities from being carried out on the 27
land. 28
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Chapter 5 General provisions for GHG authorities
Part 7 Private land
[s 286]
Division 4 Access to private land outside area 1
of GHG authority 2
Subdivision 1 Preliminary 3
286 Application of div 4 4
This division applies for a GHG authority in relation to all 5
private land outside its area. 6
Subdivision 2 Access rights and access 7
agreements 8
287 Access rights of GHG authority holder 9
(1) Subject to section 288, the holder of a GHG authority has the 10
following rights-- 11
(a) to cross the land if it is reasonably necessary to allow the 12
holder to enter the GHG authority's area; 13
(b) to carry out activities on the land that are reasonably 14
necessary to allow the crossing of the land. 15
Examples for paragraph (b)-- 16
1 constructing a road or track 17
2 opening a gate or fence 18
(2) The rights under subsection (1) that may under section 288, be 19
exercised are the access rights for the GHG authority. 20
(3) Land to which the access rights apply is access land for the 21
GHG authority. 22
288 Restriction on exercise of access rights 23
(1) The access rights may be exercised only if-- 24
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Chapter 5 General provisions for GHG authorities
Part 7 Private land
[s 289]
(a) the exercise of the rights is needed to preserve life or 1
property because of a dangerous situation or emergency 2
that exists or may exist; or 3
(b) the following have agreed orally or in writing to the 4
exercise of the rights-- 5
(i) if exercising the rights is likely to have a 6
permanent impact on the land--each owner and 7
the occupier of the land; 8
(ii) if exercising the rights is unlikely to have a 9
permanent impact on the land--each occupier of 10
the land. 11
Note-- 12
See also section 388 (Duty to avoid interference in carrying out 13
authorised activities). 14
(2) An agreement mentioned in subsection (1)(b) is an access 15
agreement. 16
(3) In this section-- 17
permanent impact, on the land, means a continuing effect on 18
the land or its use or a permanent or long-term adverse effect 19
on its current lawful use by an occupier of the land. 20
Example of an exercise of the rights that is likely to have a permanent 21