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Greenhouse Gas Storage Bill 2008
Greenhouse Gas Storage Bill 2008
Explanatory Notes
Introduction
Greenhouse gas (GHG) capture and geological storage is the capture of
carbon dioxide (CO2) produced as a result of burning coal and other fossil
fuels for electricity generation, and the subsequent transportation of the
CO2 to a geologically suitable site for injection and permanent storage in a
stable, deep, underground reservoir. GHG storage is considered an
important option for making deep cuts in CO2 emissions.
This Bill provides an onshore tenure framework in Queensland to
administer the GHG storage process as part of the State Government's
commitment to the reduction of greenhouse gas emissions into the
atmosphere.
GHG storage reservoirs are classed as a State resource and the tenure
process aligns with other resource tenure processes administered by the
State to provide the requisite certainty for the financial and legal sectors.
The tenure administration process also provides security of tenure,
investment certainty and confidence for the community that the GHG
storage activities will be undertaken in a manner that minimises risks to
public health and safety and to the environment.
Short Title of the Bill
The short title of the Bill is the Greenhouse Gas Storage Bill 2008.
Objectives of the Bill
The Bill will help reduce the impact of greenhouse gas emissions on the
environment. The main purpose is achieved principally by facilitating the
process called greenhouse gas geological storage, also called greenhouse
gas storage (GHG storage).
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Other purposes of this Bill are to ensure the following for the carrying out
of the activities--
· minimisation of conflict with other land uses
· constructive consultation with people affected by the activities
· appropriate compensation for owners or occupiers adversely affected
by the activities
· responsible land and resource management.
Policy rationale
The amount of greenhouse gases in the atmosphere, particularly methane
and CO2, is increasing as a result of human activity. Approximately one
third of all CO2 emissions result from the burning of fossil fuels to generate
electricity. In Queensland about 80% of electricity generation comes from
burning black coal. In order to maintain international competitiveness and
economic growth Australia will need to continue using fossil fuels for
energy in the short to medium term while the development of renewable
energy sources is fully realised.
If steps are not taken to mitigate CO2 emissions, there may be potential
costs to the community and costs for operators who do not take steps to
mitigate their emissions, if any future carbon trading regime, planned by
the Australian Government, applies.
How objectives are achieved
The Bill facilitates GHG storage by--
· providing for the granting of authorities to explore for, or use,
underground geological formations or structures to store carbon
dioxide
· creating a regulatory system for the carrying out of activities relating
to the authorities.
Alternative method of achieving policy objectives
There is no alternative method of achieving the policy objectives of issuing
tenure for a fledgling industry other than regulatory control. Other
Australian States are either developing legislation for GHG activities or, in
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Victoria's case, have legislation in place. The Commonwealth has the
Offshore Petroleum (Greenhouse Gas Storage) Bill 2008 and the Victorian
Government has the Greenhouse Gas Geological Sequestration Act 2008.
Western Australia, New South Wales and South Australia are all working
towards a legislative solution.
Estimated cost for Government implementation
The Bill establishes new administrative arrangements that closely align
with those of the Petroleum and Gas (Production and Safety) Act 2004. The
costs will be as follows:
· developing regulations
· developing directions and guidelines
· training staff dealing with the tenders and applications for a storage
lease
· developing IT systems to accommodate tenure processing and
administration, and geological data storage
· developing forms and work instructions
· preparing land release packages
· employing technical staff to review technical data submitted
· mapping of potential storage sites by Geological Survey Queensland
· establishing a data room for geological data gathered.
Consistency with Fundamental Legislative Principles
The Bill has been drafted with regard to fundamental legislative principles,
as defined in the Legislative Standards Act 1992. The Bill includes a
number of provisions that may be regarded as breaching fundamental
legislative principles. However, any such breach can be justified on
grounds of meeting the overall policy intent of the legislation and
complying with community expectations for appropriate resource
management. This is a clear and accountable decision making process
ensuring a safe and sustainable regime benefiting all Queenslanders. The
clauses in which fundamental legislative principle issue arises, together
with the justification for the breach, is dealt with in the explanation of the
relevant clauses.
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Consultation
The proposed legislation was prepared following extensive consultation
with key stakeholders including the petroleum and coal industries, legal
firms and conservation and environmental groups. This was achieved
through various working groups (particularly the Commonwealth's
Ministerial Council on Mineral and Petroleum Resources (MCMPR)
Carbon Capture and Storage Working Group), a discussion paper, industry
forums, multiple workshops, information sessions and the release of the
draft of the Greenhouse Gas Storage Bill 2008.
The Department of Mines and Energy also met with interested parties and
utilised various industry conferences and seminars to highlight policy
development and discuss potential issues.
Notes on Provisions
Chapter 1 Preliminary
Part 1 Introduction
Short Title
Clause 1 establishes the short title of this Act as the Greenhouse Gas
Storage Act 2008.
Commencement
Clause 2 provides for the commencement of this Act, which will be on
assent for the listed chapters, parts and sections, and on a day fixed by
proclamation for the rest of this Act.
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Part 2 Purpose and application of Act
Purposes of Act and their achievement
Clause 3 states the purposes of this Act and how these purposes are
achieved. This Act provides a statutory regime to help relieve the impact
that greenhouse gas emissions on the environment, by providing for a
greenhouse gas (GHG) capture and geological storage regime.
This Act achieves this by providing that an authority (`a GHG authority')
may be granted to explore for, and conduct all activities required to identify
underground structures or formations that may be favourable for the safe
storage of carbon dioxide. These structures or formations are often called
reservoirs. This Act also provides that when such a reservoir is discovered,
an authority holder may conduct such relevant activities required to store
the carbon dioxide.
This Act also ensures that the activities conducted on GHG authorities do
not overly conflict with other land uses being conducted on the land the
subject of a GHG authority. To this end, this Act also provides for
constructive consultation with a person affected by GHG activities allowed
under a GHG authority, and also provides for appropriate compensation for
owners or occupiers of land directly affected by such activities.
This Act also provides for responsible land management by the holder of a
GHG authority.
Facilitation of Act by Petroleum and Gas (Production and
Safety) Act 2004
Clause 4 details the linkages between the Petroleum and Gas (Production
and Safety) Act 2004 and this Act and how the Petroleum and Gas
(Production and Safety) Act 2004 helps the operation of this Act.
Consequently, such things as survey licences and pipeline licences that may
be granted for surveying the route for a petroleum pipeline, or actually
transporting petroleum may also extend to surveying the route of a GHG
stream pipeline, or actually transporting a GHG stream.
Importantly, the safety provisions for activities conducted on petroleum
authorities under the Petroleum and Gas (Production and Safety) Act 2004
are extended to include activities under a GHG authority.
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The investigation provisions and some of the enforcement provisions of the
Petroleum and Gas (Production and Safety) Act 2004 are also extended to
include activities conducted under a GHG authority.
Act binds all persons
Clause 5 provides that this Act binds all persons and the State, and the
Commonwealth and other States to the extent the legislative power of the
Parliament permits. This clause also provides that the Commonwealth or a
State can not be prosecuted for any offence against this Act.
Application of Act to coastal waters of the State
Clause 6 provides that this Act also applies to the coastal waters of the
State, up to the adjacent area of the State as described in the Petroleum
(Submerged Lands) Act 1982. This clause also notes that if a pipeline
extends from coastal waters of the State, to the adjacent area of the State as
described in the Petroleum (Submerged Lands) Act 1982, the pipeline must
be granted under the provisions of the Petroleum (Submerged Lands) Act
1982.
Relationship with Nature Conservation Act 1992
Clause 7 provides that this Act is subject to sections 27 and 70QA of the
Nature Conservation Act 1992.
Relationship with Geothermal Act and principal mining and
petroleum Acts
Clause 8 provides that the relationship between this Act, and certain
provisions of the Geothermal Exploration Act 2004, Mineral Resources Act
1989, the Petroleum Act 1923 and the Petroleum and Gas (Production and
Safety) Act 2004 is provided for in chapter 4, parts 2 to 10 of this Act.
Act does not affect other rights or remedies
Clause 9 provides that, subject to certain provisions of this Act, that this
Act does not affect or limit a civil right or remedy that exists apart from this
Act, whether at common law or otherwise.
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This clause also provides that compliance with this Act does not
necessarily show that a civil obligation that exists apart from this Act has
been satisfied or has not been breached.
Native title
Clause 10 recognises that a Native Title holder as defined under section
224 of the Native Title Act 1993 (Cwlth) has the procedural and other rights
that the holder has under the Native Title Act 1993 (Cwlth).
Part 3 Interpretation
Division 1 Dictionary
Definitions
Clause 11 provides that the Dictionary, Schedule 2, to this Act, defines
certain words used in this Act.
Division 2 Key definitions
What is a GHG stream
Clause 12 provides the definition of a GHG stream. Australia is a party to
the 1996 Protocol to the "Convention on the Prevention of Marine Pollution
by Dumping of Wastes and Other Matter 1972". This protocol to the
London Convention was amended to provide regulation for
geosequestration of greenhouse gas streams, that `consist overwhelmingly
of carbon dioxide', so that these streams may be sequestered permanently
into sub-seabed geological formations. Queensland is adopting this
international definition.
Defining a GHG stream by its percentage of carbon dioxide content would
be arbitrary and may unnecessarily preclude GHG streams that would
ordinarily be capable of being stored safely and permanently. A GHG
stream is a stream of carbon dioxide (CO2) or other stream that
overwhelmingly consists of carbon dioxide, whether in a gaseous or liquid
state. For example, the stream may contain associated substances derived
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from the source material, a detection agent (for example, odourant) and
carbon dioxide, providing the stream is overwhelmingly carbon dioxide.
The stream cannot contain wastes or other matter added to dispose of the
waste or other matter (such as mercury), nor can the stream be that
captured directly from, for example, power station flues.
This clause also notes that the use of a GHG stream, for injection and
storage, is subject to particular chapters of this Act.
What is a GHG stream storage site
Clause 13 provides the definition of a GHG stream storage site. A GHG
stream storage site is the area of land required to cover underground
geological formations or structures that are suitable for the safe storage of a
GHG stream. These are referred to as GHG storage reservoirs. The storage
site includes where the injection of the GHG stream occurs.
What is GHG stream storage
Clause 14 provides the definition of GHG stream storage. GHG stream
storage covers the process of injecting the GHG stream into the GHG
reservoir and monitoring the behaviour of the GHG stream in the GHG
reservoir. To remove doubt for petroleum lease holders enhanced
petroleum recovery is not classed as GHG stream storage.
What is GHG storage exploration
Clause 15 provides the definition of GHG exploration. GHG exploration is
defined as those activities conducted to locate and define an underground
geological formation or structure that is capable of being used for GHG
stream storage.
What is GHG storage injection testing
Clause 16 provides the definition of GHG injection testing. GHG injection
testing helps provide information to evaluate or test a possible GHG
reservoir, by injecting carbon dioxide or water into the reservoir, to
ascertain it's suitability to be used for GHG stream storage.
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What is a GHG stream pipeline
Clause 17 provides the definition of GHG stream pipeline. A GHG stream
pipeline, is a pipe, or a system of pipes, used to transport a GHG stream. A
reference to a GHG stream pipeline includes a part of the pipeline and
includes those things that are ancillary to the operation of the pipeline
including, for example, things such as meter stations, scraper stations,
valve stations, pumping stations or compressor stations.
Types of authority under Act
Clause 18 provides the types of GHG authorities under this Act. These are
a GHG exploration permit (also known as a GHG permit) and a GHG
injection and storage lease (also a GHG lease). A GHG permit and a GHG
lease are collectively referred to as GHG tenure.
A GHG injection and storage data acquisition authority (also called a GHG
data acquisition authority) is called an authority under this Act.
A GHG permit, GHG lease and GHG data acquisition authority are
collectively referred to as a GHG authority.
Who is an eligible person
Clause 19 provides the definition of an eligible person as an adult, a
company or registered body under the Corporations Act 2001 (Cwlth) or a
government owned corporation. This definition does not restrict a foreign
company that is not registered under the Corporations Act 2001 (Cwlth)
from applying for a GHG authority. However, the company must be
registered before a GHG authority can be granted to this company.
What are the conditions of a GHG authority
Clause 20 provides the definition of the conditions and mandatory
conditions for a GHG authority.
What are the provisions of a GHG authority
Clause 21 provides that any time a GHG authority is referenced; this
includes a reference to its provisions. Also, any reference to the provisions
of a GHG authority is also a reference to its conditions, mandatory
conditions and anything written in the authority.
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What is an authorised activity for a GHG authority
Clause 22 provides the definition of an authorised activity, which is any
activity a holder is entitled to carry out under this Act or the GHG
authority. The notes to this clause highlight that there are certain
provisions that are restricted, that the carrying out of the activities are
subject to certain rights and obligations, and about who may carry out
authorised activities for a GHG authority holder.
What is a GHG storage activity
Clause 23 provides that a GHG storage activity is defined as any authorised
activity under the GHG authority.
What is a work program for a GHG permit
Clause 24 provides that a work program is an initial work program or a
later work program approved for a GHG permit. The approved work
program is current if the period the work program is approved for has
commenced, and this period has not ended. The work program contains
details of the activities to be carried out and timeframes of the permit and
the initial program requires approval before a GHG permit may be granted.
What is a development plan for a GHG lease
Clause 25 provides that a development plan is an initial development plan
or a later development plan approved for a GHG lease. The approved
development plan is current if the period the development plan is approved
for has commenced, and this period has not ended. The development plan
is a comprehensive detailing of the nature and extent of activities proposed
to be carried out under the GHG lease, including timeframes and the initial
plan requires approval before a GHG lease may be granted.
Graticulation of earth's surface into blocks and sub-blocks
Clause 26 provides for the division of the earth's surface into blocks and
sub blocks. This will allow for the identification of the area of a GHG
authority in an orderly manner.
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Part 4 State ownership of GHG storage
reservoirs
GHG storage reservoirs the property of the State
Clause 27 provides that the State is, and has always taken to have been, the
owner of GHG storage reservoirs on land in the State. Just because a person
creates or discovers a GHG storage reservoir or petroleum on land in the
State, this does not mean that the person acquires ownership of the GHG
storage reservoir or the petroleum. This is also irrespective of whether the
person created or discovered a GHG storage reservoir, or petroleum, on
land that is freehold or other land, and despite any Act, grant, title or other
document in force from the commencement of this section of this Act.
Note that `the State' does not include any of the adjacent area under the
Petroleum (Submerged Lands) Act 1982.
It may be considered that there is a breach of a fundamental legislative
principle triggered by this clause, as the Bill claims as property of the State
all GHG storage reservoirs and this may be seen as adversely affecting the
rights of a freehold landowner.
At common law, there is a presumption that a landowner also owns
everything on or below the surface of that land (including all minerals on or
beneath the surface) subject to an exception for the `royal metals'. Also,
there is a general common law right of an owner of freehold land to use his
or her land in whatever manner he or she thinks fit.
In Queensland however, the holder of freehold land does not hold an
allodial title but a tenurial title based on the Torrens system, which is
subject to a number of reservations to the State. The Parliament has already
reserved petroleum and geothermal energy in this manner and is entitled to
reserve GHG storage reservoirs.
Reservation in land grants
Clause 28 provides that any land grants contain a reservation to the State of
all GHG storage reservoirs, and that the GHG authority holders and others
authorised under this Act can enter land to undertake authorised activities
carried out under this Act or any other Act that relate to activities for a
GHG authority.
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It may be considered that there is a breach of a fundamental legislative
principle triggered by this clause, as the Bill deems, in all existing or future
tenures, a reservation to the State of GHG storage reservoirs and of the
right of the State to carry out, and regulate, activities concerning them
(called `GHG storage activities'). The reservations are broadly similar to
those for petroleum under the Petroleum and Gas (Production and Safety)
Act 2004 and for geothermal energy under the Geothermal Exploration Act
2004.
At common law, there is a presumption that a landowner also owns
everything on or below the surface of that land (including all minerals on or
beneath the surface) subject to an exception for the `royal metals'. Also,
there is a general common law right of an owner of freehold land to use his
or her land in whatever manner he or she thinks fit.
In Queensland however, the holder of freehold land does not hold an
allodial title but a tenurial title based on the Torrens system, which is
subject to a number of reservations to the State. The Parliament has already
reserved petroleum and geothermal energy in this manner and is entitled to
reserve GHG storage reservoirs.
Chapter 2 GHG exploration permits
Part 1 Key authorised activities
Operation of pt 1
Clause 29 provides an overview of this part. This part provides for the
authorised activities that may be undertaken on a GHG exploration permit
(GHG permit) and what the GHG holder must have regard to, when
conducting authorised activities.
This part also provides what the authorised activities are subject to, and the
obligations of a GHG permit holder when conducting authorised activities.
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Principal authorised activities
Clause 30 provides for the principal activities that may be conducted on a
GHG exploration permit.
Incidental activities
Clause 31 provides the incidental activities that may be conducted on a
GHG exploration permit.
Part 2 Obtaining GHG permits
Division 1 Preliminary
Operation of pt 2
Clause 32 provides for a process for the granting of GHG permits by
competitive tender. This is the only method of obtaining a GHG permit in
Queensland.
Division 2 Competitive tenders
Call for tenders
Clause 33 provides for a call for tenders through a gazette notice. The
requirement to publish a notice in the gazette ensures that there is a
consistent place for the publication of all tenders. A call for tenders is
considered to be the key element in ensuring that the State has competition
in the exploration for GHG stream storage sites.
However, this does not limit the Minister to publishing the tender in the
gazette only. The tender may also be published on the department's internet
site and other publications including relevant industry journals.
The tender process will:
· provide a transparent process for the awarding of exploration tenures;
and
· ensure that the State achieves the best possible exploration programs.
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The call for tenders must provide additional information on any other
conditions that may be imposed on the successful tender and any special
criteria to be used in deciding the tender. The requirement to provide this
information is to ensure the openness of the tender process.
Right to tender
Clause 34 provides the right for a person to make an application for a GHG
permit subject to a call for tenders. The application cannot be made after
the closing time and the tender must be submitted for all of the land subject
to each individual area as grouped the tender and not for part of the land.
For example, there may be 5 discrete areas published in a call for tender.
Areas called A, B, C, D, and E. If an applicant is only interested in
applying for area D, which consists of 20 blocks, the applicant must apply
for the whole 20 blocks. The restriction on the application being made for
all of the land provides an equal basis for the assessment of applications.
Requirements for making tender
Clause 35 requires that an application for a GHG permit be made on the
approved form, and accompanied by the proposed work program and
prescribed fee. The application is also to include a statement in respect of
how owners and occupiers of land will be consulted about proposed
activities that may be conducted on a GHG permit.
Requirements for verification statement
Clause 36 requires a statement to be included in the tender application that
has been made by an independent, appropriately qualified person who can
verify the tenderer has the resources and ability to carry out and manage the
exploration required for a granted GHG permit. This assists the
decision-making process for the State and makes clear the standard
required for submission of a tender.
Right to terminate call for tenders
Clause 37 enables the Minister to publish a gazette notice at any time to
terminate the tender process. The tender process may take several months,
during which an issue may arise that would result in a conflict with GHG
exploration and storage. The ability to terminate the tender process has the
potential to reduce the possibility of conflicting land use if the permit were
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granted. The preference is to be able to terminate the tender process rather
than allowing the conflict to arise. The grant of a GHG permit is the State
exercising its rights in respect of managing the State's resources.
Also one of the purposes of this Act is to minimise land use conflict arising
from GHG activities. The ability to terminate a call for tenders is required
to protect the State's interest in the management of these resources.
Up until a GHG permit is granted, the applicant has no rights under this
Act. Therefore, the termination of the previously advertised call for tenders
in no way effects the rights of the applicant; the applicant being aware of
the risk associated with any tender process prior to submitting the tender
application.
It is noted that in storage practice, tenders may be cancelled at any time.
The tender process for GHG permits is no different.
Division 3 Deciding tenders
Process for deciding tenders
Clause 38 provides for the Minister to decide a call for tenders in any
manner the Minister considers appropriate. The Minister may use any
process that is considered appropriate to decide the tender.
Provisions for preferred tenderers
Clause 39 provides for the preferred tenderer to address a number of
matters required by the Minister. Payment of the annual rent for the first
year and security is to ensure that all the necessary financial transactions
are completed before the grant of the GHG permit, thus showing the
preferred tenderer's bona fides. The clause also provides that if the
preferred tenderer does not comply with the matters, then the tenderer is no
longer the preferred tenderer, and the Minister may select another tenderer
as the new preferred tenderer.
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Deciding whether to grant GHG permit
Clause 40 requires the consideration of all tenders, and a decision on
whether to grant a GHG permit to one of the tenderers, or not to grant any
GHG permit at all. A GHG permit can only be granted if the tenderer is an
eligible person, as defined in this Act, the Minister has approved the
tenderer's proposed work program, and a relevant environmental authority
under the Environmental Protection Act 1994 has been issued for the GHG
permit.
Provisions of GHG permit
Clause 41 provides for the Minister to decide the provisions of the GHG
permit, including the term (limited to a maximum of 12 years), area,
relinquishment days, conditions not inconsistent with the mandatory
conditions provided for in this Act, and the day the GHG permit takes
effect. The ability to decide these provisions enables conditions to be set
addressing issues specific to a particular GHG permit.
These conditions will ensure that the State can manage the permit for the
best overall outcome in relation to GHG stream storage site exploration. A
maximum term of 12 years will ensure that land will become available to
other explorers who may wish to use different exploration concepts or
techniques in the area.
Setting of the relinquishment days provides the holder with prior notice of
when land is to be relinquished. The intent is that one third of the area of
the GHG permit is relinquished every 4 years.
Criteria for decisions
Clause 42 provides for the matters to be considered in deciding to grant the
GHG permit including any special criteria contained in the tender. The
capability criteria are to be considered so as to ensure that the GHG permit
will only be granted to a holder who has the resources and ability to
complete the proposed work program in full and on time.
Notice to unsuccessful tenderers
Clause 43 requires that a notice be given to unsuccessful tenderers. The
giving on the notice provides closure of the tender.
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It may be considered that there is a breach of a fundamental legislative
principle triggered by this clause, as there is no appeal process under this
Act, provided to the unsuccessful tender applicant.
A tender process for the grant of a GHG permit ensures that the best
possible outcome can be obtained in relation to the management of the
State's resources. The grant of the GHG permit is a decision made by the
Minister as the steward of the State's resources. The unsuccessful
applicants have no right to the grant of a GHG permit. Therefore, an appeal
against this decision is not considered appropriate.
It is also envisaged that the advertisement calling for tenders for a GHG
permit will detail information about the criteria that will be used to decide
competitive tender applications. Further, it is envisaged that the whole
competitive tender assessment process will be transparent and publicly
available to all potential tender applicants prior to the applicants submitting
their tenders.
Note that the Judicial Review Act 1991, in particular section 32 `Request
for statement of reasons', applies to the decision making process about
which this notice is given.
Part 3 Area provisions
Area of GHG permit
Clause 44 provides for limitations on the area of a GHG permit and for
land that cannot be included in the area of a GHG permit. These limitations
ensure that only one GHG storage tenure can be granted over any land.
More than one GHG permit may be needed to cover a prospective part of
the State. The need for more than one permit, in conjunction with a call for
tenders, assists in providing competition for land in prospective regions,
and provides the best possible exploration outcome.
References to sub-blocks of GHG permit
Clause 45 provides that if the area of a GHG permit is described in blocks,
it is taken to mean that the area includes all sub-blocks within the block, to
the extent that the sub-blocks do not include areas of unavailable land.
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Also, this clause provides that if land identified within a sub-block that is
also in the area of a GHG permit ceases to be unavailable land, the ceasing
of this land as unavailable land does not automatically mean that this
subject land becomes part of the area of the GHG permit.
Minister's power to decide excluded land
Clause 46 provides that the Minister may decide excluded land for a GHG
permit or proposed GHG permit. However, the Minister may only decide
excluded land for the GHG permit at the grant or renewal of the GHG
permit, or when deciding to approve any later work program for a GHG
permit.
The exclusion may relate to a specific type of land or a defined area. For
example, the Minister may state that the area within a registered plan is
excluded land for the GHG permit.
Land may be excluded from a GHG permit if there is an incompatibility
between the land use and the purposes of a GHG permit.
Also, if the Minister decides excluded land, and the excluded land covers
more than a block, that block can not form part of the area of the GHG
permit.
Land that is excluded land ceases to be within the area of the GHG permit
if the block identified as containing the excluded land is relinquished or
ceases to be within the area of the subject GHG permit, or a GHG lease is
granted over the area of the permit and the land becomes excluded land for
the GHG lease.
Minister may add excluded land
Clause 47 enables excluded land to be added to a GHG permit. The
addition of the land can only occur if the holder consents. The conditions in
relation to the tenure may be changed to reflect the addition of the land. An
example of a change in conditions would be a change to the approved work
program to reflect the additional land over which exploration can be
conducted.
Area of GHG permit reduced on grant of GHG lease
Clause 48 requires the area of the GHG permit to be reduced on the grant
of a GHG lease. The grant of the GHG lease from a GHG permit gives the
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GHG lease holder additional rights including GHG storage. The reduction
of the area from the GHG permit ensures that the relinquishment condition
is met only from land within the area of the GHG permit. If the whole of
the area of the GHG permit coincides with land in a GHG lease, the GHG
permit ends if and when the GHG lease is granted.
Effect of ending of declaration of potential storage area
Clause 49 provides that a declaration of a potential storage area may extend
beyond the usual 12 year maximum term after the GHG permit took effect.
If after the 12 years has elapsed, and the declaration for a potential storage
area ends, then that part of the GHG permit also ends.
Part 4 Work programs
Division 1 Function and purpose of work
program
Function and Purpose
Clause 50 provides for the function and purpose of a work program.
Division 2 Requirements for proposed initial
work program
Operation of div 2
Clause 51 provides for the operation of this division.
Program period
Clause 52 requires that any proposed work program must state its period
and the period must be the same as that in the relevant call for tenders. The
requirement for the period to be the same as that in the call ensures that the
applications can be assessed on an equal basis.
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General requirements
Clause 53 provides for the contents of a proposed work program. The
proposed program is intended to detail the exploration and testing activities
proposed to be conducted during the work program period, but not all
authorised activities that can be carried out under the permit. The
specification of contents of the work program assists in obtaining all the
information necessary to enable a decision to be made in respect to the
work program.
Water issues
Clause 54 requires the applicant to have regard to groundwater issues and
the potential impacts the GHG exploration activities may have on
groundwater. This will assist in the decision making process, a part of good
natural resources management.
Division 3 Approval of proposed initial work
programs
Criteria
Clause 55 provides the criteria to be used in deciding whether to approve
an initial work program. The criteria are based on the potential of the area
of the GHG permit for the discovery of a suitable GHG storage reservoir,
the type of work to be undertaken, and when and where it is to occur, in
relation to the GHG permit. This ensures that the program is adequate to
explore the area. The concept of the potential of an area is not to be
considered to limit the application of new ideas. The intention is to ensure
that the work program adequately tests the applicant's concept regarding
the potential of the area to safely and securely store GHG stream.
Also, in approving the initial work program, the Minister must also
consider any relevant authorisation required under the Water Act 2000.
Verification may be required
Clause 56 provides for the Minister to require information supplied or work
done to be verified by an independent and appropriately qualified person.
The cost will be borne by the applicant. This will assist in the decision
making process for the best work program submitted.
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Referral to Water Act Minister of proposed work programs
Clause 57 relates back to the provision about water issues. If potential
groundwater issues arise the Minister must not proceed with the decision
on grant of the GHG until the Minister administering Water Act 2000 has
received a copy of the work program and approved the program to the
extent it relates to potential groundwater issues. This is a key measure to
prevent contamination of groundwater.
Division 4 Requirements for proposed later work
programs
Operation of div 4
Clause 58 provides for the operation of this division.
General requirements
Clause 59 provides for the general requirements in respect to later work
programs. The later work programs must comply with the initial work
program requirements so as to provide a consistency of content for all
proposed programs. Additional requirements relate to the extent of
compliance with the previous work program, any amendments and the
effect of any GHG stream storage site discovery.
This additional information is to ensure that the proposed work program is
consistent with the other key factors that impact upon future activities. For
example, if the work program has not been completed, then the proposed
program should reflect that absence of the information that would have
been acquired.
Likewise, the results of exploration, in particular a discovery of a GHG
stream storage site, may influence the work program by requiring
additional work to confirm the suitability of a storage reservoir discovery.
If a discovery was not made during the previous program period, then new
exploration concepts may be used for future exploration.
Program period
Clause 60 requires the proposed later work program to state the period to
which it is to apply. The period of the work program will generally be 4
years so as to correspond to what will generally be the initial term for a
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GHG permit. However, the Minister may approve a longer term. It would
be meaningless to allow for the approval of a work program for a period
that extends beyond the current term of the GHG permit, as there is no
guarantee that the GHG permit would be renewed.
Implementation of evaluation program for potential storage
area
Clause 61 provides that an evaluation program for a declared potential
storage area in the permit becomes part of the work program for the GHG
permit. The proposed later work program for the GHG permit must also
include work necessary to implement the evaluation program.
Division 5 Approval of proposed later work
programs
Application of div 5
Clause 62 provides for the application of this division.
GHG permit taken to have work program until decision on whether to
approve proposed work program
Clause 63 provides for the continuation of the current work program until
the later work program is decided. This provision is required to ensure that
there is always a current work program for any GHG permit.
Deciding whether to approve proposed program
Clause 64 provides for approval or refusal of the proposed later work
program. This clause states the matters to be considered in approving a
later work program. The approval process requires the consideration of the
standard criteria used in assessing the original work program plus the
extent of compliance with, and any change (and reason for the change) to
the existing work program.
This clause also provides for the consideration of any discovery made,
storage viability report or independent assessment on the GHG permit.
This information is needed to ensure that the work program is consistent
with the exploring for potentially suitable storage sites within the GHG
permit.
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Steps after, and taking effect of, decision
Clause 65 details the steps to be taken after making a decision regarding the
later work program. The holder is to be notified of the decision. If the
Minister decides to refuse to approve the work program, then the applicant
has the right of appeal against that decision. This right of appeal is
necessary as the applicant may have already expended significant funds in
relation to previous exploration activities and the new program would be
likely to be based, in part, on the investment already made.
Division 6 Amending work programs
Restrictions on amending work program
Clause 66 prevents an amendment to the period of the work program to
ensure that the work is carried out in the time originally set. There is to be
no restriction on other amendments provided they are made in accordance
with the procedures in this division. The restriction ensures that there is
certainty in relation to circumstances under which amendments to the work
program will be considered.
Applying for approval to amend
Clause 67 allows for the amendment of the approved work program and
specifies that the application must be made at least 20 business days before
the relevant period ends. The time is specified to ensure that the application
can be assessed within the relevant period, to which the amendment relates
and in the context that the reasons for the amendment are relatively current.
Requirements for making application
Clause 68 provides that the application must be made in the approved form
and be accompanied by the prescribed fee.
Deciding application
Clause 69 provides for the circumstances when an application to amend the
work program or substitute work will be considered by the Minister. The
inability to change the initial work program relates to the program being set
as a result of the tender process. The inability to change the work program
is to ensure the integrity of the work program that was proposed in the
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tender and approved by the Minister, is carried out in full. Substitution
provides for a degree of flexibility to enable the holder to undertake a work
program that best achieves their exploration objectives. Substitution cannot
be undertaken in relation to the initial work program.
This clause also provides for other circumstances when an amendment to
the work program will be considered. The application is not to be related to
holder's financial or technical resources or ability to manage GHG storage
exploration as these are a reflection of the manner in which the holder
undertakes their business, and may call into question their ability to meet
the capability criteria.
The failure to secure the timely access to the necessary equipment and
technical resources is an indication of the ability to manage GHG storage
exploration. The results of GHG storage exploration are not considered to
be a valid reason for amending a work program, otherwise by substitution,
as it is an inherent risk associated with exploration. However, the holder of
a GHG permit is not to be disadvantaged by an event beyond their control
which could not have been prevented by a reasonable person in their
position.
Also, this clause enables the Minister to defer the relinquishment days for a
period that relates to the circumstances of the amendment. The deferral of
one relinquishment day does not effect later relinquishment days or provide
for any extension to the term of the GHG permit.
This clause also enables the Minister to require the relinquishment of
additional land in consideration of the approval of the amendment.
Steps after, and taking effect of, decision
Clause 70 provides for the actions to be taken after the decision made
regarding the application to amend the work program and for when the
decision is to take effect. There is to be no appeal in relation to the
Minister's decision as it relates to the management of the State's resources.
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Part 5 Key mandatory conditions
Division 1 Preliminary
Operation of pt 5
Clause 71 provides for the imposition of mandatory conditions on a GHG
permit. The imposition of mandatory conditions ensures the
standardisation of key conditions for all GHG permits. The holder of a
GHG permit is required to comply with key provisions including
relinquishment, notice of entry and compensation provisions of this Act.
Division 2 Standard relinquishment condition
and related provisions
Standard relinquishment condition
Clause 72 provides for relinquishment of part of the area of the GHG
permit. This relinquishment is to make land available for exploration, via
further tender processes, on a regular basis. This is intended to provide
opportunities for new explorers with different exploration concepts.
The relinquishment is to be made by way of a notice lodged at a stated
place. All late relinquishments take effect as of the due date. The deferral
of a relinquishment day under another provision of this Act relates only to
that day and does not result in a deferral of later relinquishment days or an
extension of the term of the GHG permit. The holder of the GHG permit
can also relinquish more than the required amount. Any additional amount
can be considered as contributing to the requirement to be met at the next
relinquishment day.
Consequence of failure to comply with relinquishment
condition
Clause 73 provides for notification to be given in a case of non-compliance
with relinquishment and if the GHG permit holder still fails to relinquish
within 20 business days the GHG permit is cancelled. This is to prevent
permit holders from `land-banking' and allows for the land to be
re-tendered.
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Part usually required to be relinquished
Clause 74 gives the percentage of the number of original notional
sub-blocks to be relinquished. The amount is to be one-twelfth (8.33 per
cent) per annum resulting in one-third of the original area to be
relinquished every 4 years. The 4 year period is the maximum time that a
GHG permit can exist without a relinquishment.
Sub-blocks that can not be counted towards relinquishment
Clause 75 provides for what land cannot be counted as an area relinquished
from a GHG permit for the relinquishment condition. This land includes an
area relinquished under an additional or penalty relinquishment, the area
the subject of a GHG storage lease, and any application for a GHG storage
lease or a potential storage area. Areas that are declared as potential storage
areas, or applications for potential storage areas may be relinquished,
however the application or declaration for the potential storage area no
longer has effect.
Adjustments for sub-blocks that can not be counted
Clause 76 provides that if the amount of land available for relinquishment
is less than the amount of land to be relinquished, then the relinquishment
condition is considered to have been met. This is to ensure that there is no
requirement to relinquish land still subject to the permit, for example where
an application for a GHG storage lease or potential storage area has been
made and not decided and the land can still be considered to be part of the
GHG permit. If the application for a potential storage area or GHG lease is
not granted, then that land will have to be relinquished to the extent
sufficient to meet the relinquishment condition.
Adjustment for particular potential storage areas
Clause 77 provides that the relinquishment condition has been complied
with if all land subject to the GHG permit, other than the area of a declared
potential storage area for the GHG permit, is relinquished, even though the
necessary area amount has not been met.
Relinquishment must be by blocks
Clause 78 provides for the relinquishment to be made by blocks. The
relinquishment by blocks ensures the integrity of the administrative process
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whereby the area of the GHG permit is related to specific blocks and
ensures that a reasonable area unit for exploration is made available. Where
a block contains an area that cannot be counted as a relinquishment, then
only the remainder of the block is required to be relinquished.
Ending of GHG permit if all of its area relinquished
Clause 79 clarifies that the GHG permit ends if all of the area of the permit,
including any potential storage area, is relinquished from the GHG permit.
Division 3 Other mandatory conditions
Compliance with test plan for GHG storage injection testing
Clause 80 provides for a GHG permit holder to apply to the Minister to
perform injection testing on the potential storage reservoir. Because of the
different geology and amounts needed for injection this provision allows
each plan to be evaluated individually. The ability to impose conditions
allows for any precautions to be taken to make the testing safe and the
eventual fate of the injected substance to be known and potential impacts
properly managed.
Restriction on substances that may be used for GHG storage
injection testing
Clause 81 provides that only GHG stream or water may be injected for
testing. This makes injecting an unauthorised substance a breach and is to
prevent injection of inappropriate substances that may cause environmental
or other harm. The purpose is to determine potential storage of CO2 thus
the requirement for water or GHG stream, which is either pure CO2 or
consists overwhelmingly of CO2.
Restriction on substances that may be used for GHG stream
storage
Clause 82 provides that only GHG stream may be used for storage. The
purpose of the storage is to reduce the amount of carbon dioxide released
into the atmosphere, particularly from stationary energy plants. Flue gases,
for example, will not be allowed as storage stream.
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Restriction on GHG streams that may be used
Clause 83 qualifies further the substances allowed under the definition of
GHG stream. The substance must consist overwhelmingly of CO2 with
incidental amounts only of substances derived from the carbon capture and
storage process and approved detection agents, for example, odourant. This
is consistent with the aim of storing CO2.
Water Act authorisation required for taking or interference with
water
Clause 84 prohibits the holder of a GHG permit taking or interfering with
water unless the appropriate authorization under the Water Act 2000 has
been granted.
Obligation to consult with particular owners and occupiers
Clause 85 requires that the holder of a GHG permit must consult with
owners and occupiers of land where authorised activities are likely to be
carried out. The requirement to consult is intended to provide information
at an early stage of the exploration activities and thereby assist in the
development of good landholder relations. This clause does not exempt the
holder from the requirement to comply with provisions relating to notice of
entry and compensation in relation to the authorised activities.
Annual rent
Clause 86 requires that the holder of a GHG permit to pay the annual rent
for the permit.
Civil penalty for nonpayment of annual rent
Clause 87 imposes a civil penalty of 15 per cent for the nonpayment of the
annual rent. The civil penalty is intended to provide an incentive for the
timely payment of the rent. This aligns with the practice contained in the
Petroleum and Gas (Production and Safety) Act 2004.
Requirement to have work program
Clause 88 provides that the holder of a GHG permit must have an approved
work program.
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Compliance with GHG storage exploration activities in work
program
Clause 89 requires that the holder of a GHG permit must comply with the
approved work program. The work program is the minimum amount of
work that the holder must complete during the period for which the work
program applies. The holder can undertake work in addition to that in the
approved work program. Compliance with any approved work program
ensures that the holder maintains a minimum level of exploration in the
GHG permit, and compliance with the initial work program is a key part of
maintaining the integrity of the tender process. Failure to comply with the
work program is considered to be a significant breach of the mandatory
conditions.
Penalty relinquishment if work program not finished within
extended period
Clause 90 provides that when a holder has received an extension of time to
comply with the work program and has not completed the work at the end
of that extension the holder must relinquish a part of the original
sub-blocks of the GHG permit that corresponds to the amount of the work
that was not finished for the approved work program.
It may be considered that there is a breach of a fundamental legislative
principle triggered by this clause in that it does not provide for an appeal in
relation to the penalty relinquishment. The holder in applying for an
extension to complete the work program has already obtained a benefit not
available to a tenure holder where there has been no change in holder.
Therefore it is appropriate for there to be a penalty relinquishment in
proportion of the work not completed in time. An appeal in these
circumstances is not warranted.
Obligation to give proposed later work program
Clause 91 requires that the holder of the GHG permit must submit a later
work program between 40 and 100 business days before the end of the
current approved work program. The requirement to submit a later work
program is to ensure that there is sufficient time to assess and approve the
later work program, thereby ensuring that there is an obligation to continue
to explore the land subject to the GHG permit.
If the later work program has not been approved before the end of the
current work program, the holder is not considered to be in breach of the
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requirement to have an approved work program. The provision of an
increased fee for late lodgement of a later work program is intended to be
an incentive to encourage the timely submission of the later work program.
Consequence of failure to comply with notice to give proposed
later work program
Clause 92 provides that on failure to lodge a later work program, as
required by the notice given to the holder, the GHG permit is cancelled.
Part 6 Renewals
Conditions for renewal application
Clause 93 provides for the conditions for a renewal application for a GHG
permit. An application cannot be made if there are payments owing to the
State or security still to be paid. The requirement that there is no money
outstanding is a reflection of the capability of the applicant. The
application cannot be made more than 60 business days before the end of
the term, so that the extent of compliance in relation to the conditions of the
previous term can be properly considered.
Requirements for making application
Clause 94 provides for the requirements of a renewal application for a
GHG permit. The application is to include a proposed later work program
that complies with those requirements and an application fee. The
increased fee for the late lodgement of the renewal application is to
encourage the timely submission of renewal applications, by GHG permit
holders.
Continuing effect of GHG permit for renewal application
Clause 95 provides for the GHG permit to continue until the application for
renewal has been decided. The continuation is needed as the only way for
GHG permit to be granted is by a tender process. If the tenure ended, then a
tender process would have to be undertaken and the original applicant may
not be successful. This would be inappropriate if the reason for the GHG
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permit ending was the failure of the consideration of the renewal to be
completed by the Minister before its expiry date.
Also, some exploration activities will need to continue after the due expiry
date. An example of the continuation of activities is injection testing
especially if conditions imposed on the testing require further work to be
completed. For example, potential leakage pathways may need sealing for
safety or environmental reasons.
Deciding application
Clause 96 places the restrictions on deciding the application to renew the
GHG permit. A GHG permit can only be renewed if the holder continues to
satisfy the capability criteria, has substantially complied with the
conditions of the permit and the provisions of this Act, the Minister has
approved the holder's proposed work program, and a relevant
environmental authority under the Environmental Protection Act 1994 has
been issued for the proposed GHG permit.
The renewal application cannot be decided if the holder has been required
under this Act to apply for a GHG storage lease and the application for the
lease has not been decided. The decision on the GHG storage lease may
result in a different later work program being approved and conditions
being placed on the GHG permit. The applicant may be required to pay the
annual rent and give security before the Minister decides to grant the
renewal. This is to ensure that all of the administrative arrangements have
been completed prior to the permit being renewed.
Provisions and term of renewed GHG permit
Clause 97 provides for provisions of the GHG permit that must be decided
in respect to the renewal application. There are restrictions in relation to the
term, area, start date and the presence of potential storage areas for the
renewed GHG permit. These restrictions ensure that the basic provisions in
respect of a GHG permit are maintained and cannot be subsequently
changed to allow for an increased term or area. An additional provision is
required in relation to potential storage areas as these can continue past the
expiry date for the GHG permit.
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Criteria for decisions
Clause 98 requires that the same criteria be used for the decision to grant
the GHG permit as for its renewal. The application of the same criteria will
ensure a consistency in the decision making process, regarding the
provisions, throughout the life of the tenure.
Information notice about refusal
Clause 99 provides for the applicant to be given an information notice if the
renewal of the GHG permit is refused. The requirement for giving an
information notice is appropriate considering that the holder has invested a
large amount of funds in exploration activity in the area of the permit.
When refusal takes effect
Clause 100 states that the refusal to renew a GHG permit does not take
effect until after the date for an appeal against the decision passes. This
date ensures that if the holder decides to appeal and the appeal is
successful, then the GHG permit continues and would not have to be
reinstated. As the GHG permit continues, applications cannot be made for
a new GHG tenure over the area of the original permit.
Part 7 Potential storage areas
Applying for potential storage area
Clause 101 details the process for applying for a declaration of a potential
storage area within a granted GHG permit. A potential storage area enables
the holder of a GHG permit who has discovered an underground reservoir
suitable for the storage of GHG stream, the opportunity to retain an interest
in and later develop the discovery. The declaration is useful for situations
where there is no available GHG stream for storage. An application can be
made for whole or part of a GHG permit to be declared a potential storage
area. The future storage viability may be dependent upon changes in
technology to store GHG stream, the development of infrastructure such as
pipelines, or market opportunities.
There is no limitation on the number of potential storage areas that can be
declared for each GHG permit or the timing of the submission of the
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application. This clause provides for the requirements of the application
including a requirement to provide a report in relation to the discovery in
the area of the application. The report needs to meet the standard of a
storage viability report. The report is required to demonstrate that the
storage reservoir will be suitable. An evaluation program relating to the
potential GHG storage and for market opportunities is also required. The
evaluation program may require additional exploration or testing to be
undertaken in relation to the discovery.
Deciding potential storage area application
Clause 102 provides for the matters to be considered in relation to the
decision to declare a potential storage area including the size of the area
and form a single parcel of land. Regard will be had to whether or not the
holder has complied with existing conditions of the GHG permit. An
information notice will be issued if the application is refused.
Inclusion of evaluation program in work program
Clause 103 provides for the evaluation program that accompanied the
application to become part of the approved work program for the GHG
permit. The incorporation of the evaluation program into the work program
ensures that there is an obligation for the holder to undertake the evaluation
program.
Term of declaration
Clause 104 enables a potential storage area to be declared for a maximum
term of 10 years. A shorter period would only be considered in relation to
discoveries known at the time of grant to be in the area of the GHG permit
or made during the early years of the permit. The holder of a GHG permit
is able to have an area no longer declared a potential storage area by giving
the Minister a notice to that effect.
Potential storage area still part of GHG permit
Clause 105 states that potential storage area remains part of the original
GHG permit and retains the rights and obligations associated with that
tenure. The administration of and obligations in relation to a potential
storage area are simplified by remaining part of the GHG permit.
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Part 8 Provisions to facilitate transition
to GHG storage lease
Application of pt 8
Clause 106 states that the division only applies if the Minister considers
that the holder should apply for a GHG storage lease because within whole
or part of the GHG permit, GHG stream is or soon will be available for
storage. The application of the division provides a mechanism for the State
to manage its storage resources to meet the needs of the community to
reduce greenhouse gas emissions.
Ministerial direction to apply for GHG lease
Clause 107 provides for action that the Minister may take if the holder of a
GHG permit does not apply for a GHG storage lease. The action may
include excision of part or the cancellation of the GHG permit. The basis
for this action must be supplied to the holder who has at least 6 months to
make a submission as to why a lease application should not be made. The
limit of 6 months for the submission is considered sufficient to enable the
holder of the permit adequate time to assess the basis for the action and to
undertake a review of the discovery to determine if the holder would like to
proceed with storage development.
Taking proposed action
Clause 108 provides for the limitations on proposed action in relation to the
holder of the GHG permit. The limitations ensure that appropriate
consideration has been given to any submission and the result of any
application for a GHG storage lease has been decided. The decision to take
action does not take effect until an information notice has been issued to
the holder.
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Chapter 3 GHG injection and storage
leases
Part 1 Key authorised activities
Operation of pt 1
Clause 109 provides for the operation of this division. A GHG lease is for
the injection and storage of GHG stream and is not to be used for retention
of a GHG storage reservoir. This clause also provides that the Petroleum
and Gas (Production and Safety) Act 2004 safety provisions will apply to
authorised activities of a GHG lease. Activities may be carried out by
specialised contractors engaged by the GHG lease holder to undertake
some of the authorised activities.
Principal authorised activities
Clause 110 provides for the type of exploration and storage activities that
the GHG lease holder can undertake. Evaluating the feasibility of GHG
stream storage can also be undertaken. Monitoring the behaviour of the
injected GHG stream begins as soon as injection begins. This is in line with
the requirements of the development plan and the data obtained will form
the basis of reports for environmental, water, safety and tenure
management.
GHG stream pipeline and water pipeline construction and
operation
Clause 111 enables the holder of a GHG lease to construct and operate
GHG stream and water pipelines that are wholly within the area of the
lease or contiguous leases held by the same holder. These pipelines
generally link injection wells in the lease or leases to a central gathering
point or processing plant.
Incidental activities
Clause 112 provides for the GHG lease holder the right to undertake
incidental activities necessary to facilitate the efficient and responsible
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storage of GHG stream. These activities, or structures to be constructed,
are temporary and will be required to be removed upon the cessation of
GHG lease activities.
Part 2 Transition from GHG permit to
GHG lease
Division 1 Applying for GHG lease
Who may apply
Clause 113 provides that the holder of a GHG permit may apply for a GHG
lease over all or part of the area of the GHG permit. A person other than the
holder may apply jointly with or with the permission of the holder. The
ability for the GHG lease to be granted to others enables the GHG permit
holder to have a lease granted to parties to reflect the commercial interest in
the lease.
Requirements for making permit-related application
Clause 114 requires that an application for a GHG lease be made on the
approved form and for the additional information to be included in the
application. This material includes statements in relation to capability
criteria, the development plan and verification of ability and resources for
the project. The additional information is intended to assist in the timely
assessment of the application.
Requirements for verification statement
Clause 115 requires the verification statement to be made by and
independent, qualified person who can determine that the applicant has the
requisite financial and technical resources and the ability to carry out the
storage project. Due to the long-term nature of GHG stream storage it is
important to establish early in the decision-making process whether or not
an applicant will be suitable to meet all of the requirements for an extended
length of time.
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Continuing effect of GHG permit for permit-related application
Clause 116 provides that if a GHG permit-related application for a GHG
lease is not decided before the GHG permit ends, then the GHG permit
continues until the specified events in this clause happen. The land subject
to the GHG lease is likely to have completed exploration wells and
equipment that the applicant will use as part of their injection and storage
activities. The continuation of the GHG permit enables the holder of the
GHG permit to access these wells and equipment, ensuring they are
maintained in proper working order. Also, injection testing could continue
and further geological data gathered.
Division 2 Deciding permit-related applications
Deciding whether to grant GHG lease
Clause 117 provides that the Minister may grant the GHG lease if the
Minister is satisfied that the requirements for grant, detailed in this Act,
have been met.
Requirements for grant
Clause 118 provides that the holder of a GHG permit must meet specific
requirements in relation to the application and has substantially complied
with the conditions of the GHG permit. The area proposed for the lease
must be appropriate and must contain an adequately identified storage site.
Substantial compliance relates to when an application is submitted towards
the end of a work program year and the expectation is that the work
program for all previous years has been completed. The GHG lease can
only be granted if GHG stream storage is likely within 5 years or the
applicant has entered into a contract, a coordination arrangement or other
arrangement for GHG stream storage.
It may be that an applicant is also the owner of, or negotiating with, the
owner of a power station who is proposing to capture greenhouse gas for
storage. The work to build or reconfigure the power station may take some
years to complete, thus the 5 year time-frame given.
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Exception for particular relevant arrangements
Clause 119 is intended to ensure that all supply of GHG stream contracts
are genuine and thereby GHG stream will be provided to meet the contract.
If the Minister is not satisfied that the contract is genuine, then the Minister
may refuse to grant a GHG lease. This provision is intended to prevent the
grant of a GHG lease as a means of retaining access to land when the
holder, under normal circumstances, would have had to relinquish the land.
Provisions of GHG lease
Clause 120 provides the list of provisions to be decided for the GHG lease.
There is no term for a lease. Each lease will determined on a case-by-case
basis and when the injection ceases and wells have been decommissioned
the holder is required to apply for surrender of the lease using the relevant
provisions of this Act.
Provisions about grant and conditions of GHG lease for
significant project
Clause 121 provides for the conditions and grant of a GHG lease that has
been declared a significant project. The Coordinator-General's conditions
for the GHG lease prevail to the extent of any inconsistency over GHG
lease conditions of this Act. This aligns with the process under the
Petroleum and Gas (Production and Safety) Act 2004.
Information notice about refusal
Clause 122 provides that for a decision to refuse the grant of the GHG
lease, the applicant has the right of appeal against that decision. This right
of appeal is necessary, as the applicant may have already expended
significant funds in relation to previous exploration activity.
It may be considered that there is a breach of a fundamental legislative
principle triggered by this clause in that it does not provide for an appeal in
relation to any conditions that the Minister may set in relation to the
approval. The Minister setting conditions is consistent with the Minister's
initial approval of the work program and the Minister's role as the
custodian of the State's resources.
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When refusal takes effect
Clause 123 states that the refusal to grant the GHG lease does not take
effect until after the date for an appeal against the decision passes. This
date ensures that if the holder decides to appeal and the appeal is
successful, then the appeal provisions in this Act apply.
Part 3 Obtaining GHG lease by
competitive tender
Division 1 Preliminary
Operation of pt 3
Clause 124 provides for the operation of this division. A GHG lease can
only be granted by competitive tender or by application by an existing
GHG permit holder. This approach allows informed decisions to be made
for managing this new industry and also allows for appropriate
management of the State's resources. Safety, long-term liability and risk
minimisation issues are all contemplated in this Act and are specific to
GHG operations.
Division 2 Calls for tenders
Call for tenders
Clause 125 provides for the ability to have and set the conditions relating to
a call of tenders for the grant of a GHG lease. A call for tenders is
considered to be the key element in ensuring that the State has competition
in this new industry. The tender process:
· provides a transparent process for the awarding of a GHG lease; and
· ensures that the State achieves the best possible development program
for the storage sites identified in the area of the proposed GHG lease.
The call for tenders must provide additional information on any other
conditions that may be imposed on the preferred tenderer and any special
criteria and their weighting to be used in deciding the tender. The
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requirement to provide this information is to ensure the openness of the
tender process.
Right to tender
Clause 126 provides the right for a person to make an application for a
GHG lease subject to a call for tenders. The application cannot be made
after the closing time and the tender must be submitted for all of the land
subject to the tender and not just part of the land. The restriction on the
application being made for all of the land provides an equal setting for the
assessment applications.
Right to terminate call for tenders
Clause 127 enables the Minister to publish a gazette notice at any time to
terminate the tender process. The ability to terminate the tender process has
the potential to reduce the possibility of conflict of land use arising. The
tender process may take several months, during which an issue may arise
that would result in a conflict with GHG exploration and storage. The
preference is to be able to terminate the tender process rather than allowing
of the conflict to arise. The tender process is a means of allocating the right
to explore and use the State's resources. Compensation is not to be payable
as no allocation of the State's resources has occurred.
It may be considered that there is a breach of a fundamental legislative
principle triggered by this clause. The grant of a GHG lease is the State
exercising its rights in respect of managing the State's GHG storage
reservoirs.
The ability to terminate a call for tenders is required to protect the State's
interest in the management of those resources. Up until an application for a
GHG lease in response to a call for tenders is granted, the applicant has no
rights to the tenure. Therefore, the termination of the previously advertised
call for tenders in no way affects the rights of the applicant, as the applicant
is aware of the risk associated with any tender process prior to submitting
the tender application. It should be noted that in commercial practice,
tenders may be cancelled at any time. The tender process for GHG leases is
no different.
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Division 3 Deciding tenders
Process for deciding tenders
Clause 128 provides for the Minister to decide a call for tenders in any
manner the Minister considers appropriate. The Minister may use any
process that is considered appropriate to decide the tender.
Provisions for preferred tenderers
Clause 129 provides for the preferred tenderer to address a number of
matters required by the Minister. Payment of the annual rent for the first
year, and the security, is to ensure that all the necessary financial
transactions are completed before the grant of the GHG lease. There may
be a requirement for other processes to be completed before the grant of the
GHG lease. The clause also provides that if the preferred tenderer does not
comply with the matters, then the tenderer is no longer the preferred
tenderer, and the Minister may select another tenderer as the new preferred
tenderer.
Deciding whether to grant GHG lease
Clause 130 requires for the consideration of all tenders and a decision on
whether to grant a GHG lease. If required, the tender assessment process
can be modified to address the specific requirements of the tender. A GHG
lease can only be granted if the applicant is an eligible person and the
Minister approves the tenderer's proposed development plan. Payment of
the annual rent for the first year and the security is to ensure that all the
necessary financial transactions are completed before the grant of the GHG
lease. There may be a requirement for other processes to be completed
before the grant of the GHG lease.
Provisions of GHG lease
Clause 131 provides that if the Minister decides to grant a GHG lease then
the provisions of the lease are to be decided as if the application was a
permit-related GHG lease application. This ensures a similarity of process
in deciding the provisions for all GHG leases.
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Criteria for decisions
Clause 132 provides for the matters to be considered in deciding to grant
the GHG lease including any special criteria contained in the tender
document. The capability criteria are to be considered so as to ensure that
the GHG lease will only be granted to a holder who has the resources and
ability to complete the proposed development plan in full and on time. The
ability to set the weighting of the criteria is intended to allow for the
selection criteria to be set to reflect the uniqueness of each area released for
tender.
Notice to unsuccessful tenderers
Clause 133 requires that a notice be given to unsuccessful tenderers. The
giving of the notice provides closure on the tender process for the
unsuccessful tenderers.
It may be considered that there is a breach of a fundamental legislative
principle triggered by this clause.
A tender process for the grant of a GHG lease ensures that the best possible
outcome can be obtained in relation to the management of the State's
resources. The grant of the GHG lease is a decision made by the Minister
as the steward of the State's resources. The unsuccessful applicants have no
rights to the grant of a GHG lease. Therefore, an appeal against this
decision is not considered appropriate.
It is also envisaged that the advertisement calling for tenders for a GHG
lease will detail information about the criteria that will be used to decide
competitive tender applications. Further, it is envisaged that the whole
competitive tender assessment process will be transparent and publicly
available to all potential tender applicants prior to the applicants submitting
their tenders.
Note that the Judicial Review Act 1991, in particular section 32 `Request
for statement of reasons', applies to the decision making process about
which this notice is given.
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Part 4 Term and area provisions
Term of GHG lease
Clause 134 provides that there is no fixed term for GHG leases. Each
reservoir used for storage of GHG stream will vary in size and geology.
The cessation of injection of GHG stream into a reservoir and
decommissioning of the wells does not signal the end of the project.
Monitoring is required to continue and a GHG lease will stay current until
the application to surrender has been approved. This will only occur when
the requirements for surrender have been met. Some GHG leases may
remain current for many years post-closure so that risks are reduced to as
low as practicable.
Area of GHG lease
Clause 135 provides for the area of the GHG lease. There are limitations on
the area and land that can be included in a GHG lease. These limitations
ensure that only one GHG tenure can be granted over any land. The
gazettal of land over which a lease cannot be granted ensures that land is
unavailable where the land use is not compatible with GHG stream storage.
References to sub-blocks of GHG lease
Clause 136 ensures the continuation of the integrity of the description of
land subject of the GHG lease by sub-blocks.
Minister's power to decide excluded land
Clause 137 enables land to be excluded from a GHG lease. The exclusion
may relate to a specific type of land or an area in the lease. Land requiring
specific procedures in relation to it being accessed is the most likely to be
excluded at grant. The excluded land within the boundaries of the lease is
likely to be the same as for the pre-existing GHG permit.
Minister may add excluded land
Clause 138 enables excluded land to be added to a GHG lease. The
addition of the land can only occur if it complies with the area provision in
this Act and if the lease holder consents. The conditions in relation to the
tenure may be changed to reflect the addition of the land. An example of a
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change in conditions would be a change to the approved development plan
to reflect the additional land over which GHG storage activities may be
conducted.
Part 5 Development plans
Division 1 Function and purpose of
development plan
Function and purpose
Clause 139 provides for the function and purpose of a development plan.
The development plan is the key element in ensuring the timely, safe and
orderly process of GHG stream storage and also forms an important
criterion in assessing the holder's performance in undertaking these
activities. The provision of this information and the requirement for having
approved plans allows for appropriate management of this new industry
and with other resources in the area.
Division 2 Requirements for proposed initial
development plans
Operation of div 2
Clause 140 provides for the operation of this division.
General requirements
Clause 141 details what the initial development plan must contain. This
includes information about the storage capacity of the site, the composition
of the GHG stream to be injected, a monitoring plan and the types of
activities to be undertaken. The information enables an assessment of
whether there are sufficient resources available and whether the activities
are appropriate to achieve the permanent and safe storage of the GHG
stream within the reservoir.
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It is intended that the information provided for each year of the plan must
be quite detailed and more general information must also be provided on
the proposed development over the whole of the GHG lease. Provision is
made for a regulation to provide details about the form of the information
to be supplied in the plan.
Site plan
Clause 142 details the requirements of a site plan that is a part of the
development plan. Detailed information about the reservoir site enables the
applicant for a GHG lease to explain why, in the applicant's opinion; the
site is suitable for permanent and safe storage of a GHG stream. A
comprehensive site plan will be a very important part of the approval
process for the development plan.
Petroleum wells to be assumed
Clause 143 provides for extra information to be added to the development
plan should the proposed GHG lease holder assume responsibility for
petroleum wells in the lease area. A description of storage activities
includes whether the wells will be used for monitoring, injection of GHG
stream or other relevant activity.
Water issues
Clause 144 provides for potential groundwater issues to be addressed by
the proposed GHG lease holder. The types of issues that need addressing
will include the pressures that will be exerted, through injection of
compressed CO2 onto surrounding structures and how that pressure may
ultimately impact on groundwater.
Monitoring and verification plan
Clause 145 provides for a monitoring and verification plan to be included
in the development plan. This plan is crucial for the following reasons:
· safety
· environmental
· water impacts
· tenure management
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· community understanding and acceptance
This requirement is consistent with the Ministerial Council on Mineral and
Petroleum Resources (MCMPR) Regulatory Guiding Principles for carbon
capture and storage--"Monitoring and verification is required to ensure
operationally safe performance of CCS projects; particularly the condition
of the injection well and the conditions in the storage reservoir. It also
verifies that the amount of CCS stream measured has actually been injected
as well as its behaviour over time. In the long-term, monitoring can
confirm the continued storage of the CCS stream in its intended location or
storage formation. Verification of the methods used in monitoring and the
data collected will bring confidence to the process.
Current scientific understanding indicates that effective monitoring and
verification of the stored CCS stream is a key component for minimising
risks. While the probability of a leakage, on the basis of current scientific
knowledge, is understood to very low, the costs of such an incident could be
high. Although projects will necessarily be assessed on a case-by-case
basis, any monitoring and verification system needs to ensure industry
provides accurate and relevant information, which is readily available to
the community and independently verifiable." (page 37)
Plan Period
Clause 146 provides for the period to which the development plan is to
apply. Generally the plan will be for a period of 5 years, which is
considered adequate in the context of the construction and operation of
plant and equipment necessary for GHG stream storage. This period is also
sufficient to allow for a review of the migration of the injected GHG stream
and the remaining storage space in the reservoir.
Division 3 Approval of proposed initial
development plans
Criteria for decision
Clause 147 provides for the criteria that must be considered in deciding to
approve a proposed development plan. These criteria best represent the key
elements in determining the appropriateness of a development plan. Chief
among these is what is in the best interests of the State having regard to the
public interest. Public interest is defined in this Act.
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Also, in approving the initial development plan, the Minister must also
consider any relevant authorisation required under the Water Act 2000.
Verification may be required
Clause 148 provides for the Minister to seek verification from the applicant
on data supplied, the source of the data, or work done to date on the plan.
The verification must be done by an independent person who is
appropriately qualified and the cost of the verification is to be borne by the
applicant. This provision will assist in the decision-making process and
will show whether the activities proposed in the plan are achievable
technically, financially, practically and in the time-frame proposed.
Referral to Water Act Minister of proposed development plans
Clause 149 provides that the Minister must not approve a development plan
that has identified potential groundwater issues until the Minister
administering the Water Act 2000 has approved the part of the plan relating
to these issues. This is in line with the government's water management
strategies and is a key measure to prevent contamination of groundwater.
Division 4 Requirements for proposed later
development plans
Operation of div 4
Clause 150 provides for the operation of this division.
General requirements
Clause 151 provides for the requirements of a later development plan. A
later development plan must comply with the initial development plan
requirements to ensure that there is consistency in content and form for all
development plans. It is the intention of this clause that a `significant
change' should only be considered as a change in relation to the amount,
location and type of activities which may impact on the interests of the
State and others, or (particularly with any proposal for the reduction of
activities), when the activities are not in line with best resource utilisation
practice.
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It is not intended that the provisions of this clause should require a later
development plan every time there is a `minor' change to the proposed
activities on the lease. Reasons must accompany any significant change in
activities to clarify the aim of the change and to ensure that there is no
detrimental effect to the development of the remaining storage reservoirs in
the area of the lease. If the significant change involves a reduction of GHG
stream injection, then the proposed plan must include an evaluation of the
storage potential and the market opportunities for storage.
Division 5 Approval of proposed later
development plans
Application of div 5
Clause 152 provides for the application of this subdivision.
GHG lease taken to have development plan until decision on
whether to approve proposed development plan
Clause 153 provides that until the later plan is decided the lease is taken to
have a development plan (even though the plan period has actually ended)
and the lease holder is allowed to undertake any authorised activities for the
lease.
Deciding whether to approve proposed plan
Clause 154 provides for the matters that must be considered in deciding
whether to approve the proposed plan. The criteria have been selected to
ensure that GHG stream storage is technically and financially. This is
consistent with a GHG lease being a GHG stream injection and storage
tenure and is not to be used for retaining access to land with no intention of
undertaking GHG storage.
Steps after, and taking effect of, decision
Clause 155 provides for an information notice to be given if the decision is
not to approve the proposed later plan. An information notice is appropriate
as the holder is likely to have invested in plant and infrastructure for GHG
stream storage during the early plans. The decision generally takes effect
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after the time for an appeal ends; otherwise it is the day of effect specified
in the information notice.
Division 6 Amending development plans
Restrictions on amendment
Clause 156 provides for a lease holder to amend the development plan
albeit with certain restrictions. The plan cannot be amended if injection of
the GHG stream is to cease nor can it be amended if it would not comply
with the later plan requirements. The restriction is necessary as the initial
plan was approved above other tenderers and so any changes to the overall
project cannot be done simply through amendments.
Applying for approval to amend
Clause 157 provides for the application to the Minister with a fee as
prescribed.
Deciding application
Clause 158 provides for the matters to be considered when an application is
decided.
Steps after, and taking effect of, decision
Clause 159 provides that the Minister must give a notice of the decision
whether or not to approve the amendment sought for the development plan.
Part 6 Key mandatory conditions for
GHG leases
Operation of pt 6
Clause 160 provides for the imposition of mandatory conditions on a GHG
lease. This imposition of mandatory conditions ensures the standardisation
of key conditions for all GHG leases. The holder of a GHG lease is
required to comply with key provisions including GHG substances that can
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be injected and stored, security, notice of entry, consultation and
compensation provisions of this Act.
Compliance with test plan for GHG storage injection testing
Clause 161 provides for a GHG lease holder to apply to the Minister to
perform injection testing on the potential storage reservoir. Because of the
different geology and amounts needed for injection this provision allows
each plan to be evaluated individually. The ability to impose conditions
allows for any precautions to be taken to make the testing safe and the
eventual fate of the injected substance to be known and potential impacts
properly managed.
Restriction on substances that may be used for GHG storage
injection testing
Clause 162 provides that only GHG stream or water may be injected for
testing. This makes injecting an unauthorised substance a breach and
prevents the injection of inappropriate substances that may cause
environmental or other harm. The purpose is to determine potential storage
of CO2 thus the requirement for water or GHG stream which is either pure
CO2 or consists overwhelmingly of CO2.
Restriction on substances that may be used for GHG stream
storage
Clause 163 provides that only GHG stream may be used for storage. The
purpose of the storage is to reduce the amount of carbon dioxide released
into the atmosphere, particularly from stationary energy plants. Flue gases,
for example, will not be allowed.
Restriction on GHG streams that may be used
Clause 164 qualifies further the substances allowed under the definition of
GHG stream. The substance must consist overwhelmingly of CO2 with
incidental amounts only of substances derived from the carbon capture and
storage process and approved detection agents, for example, odourant.
Water Act authorisation required for taking or interference with water
Clause 165 provides that any water taken or interfered with by the GHG
lease holder must first have the relevant approvals granted under the Water
Act 2000.
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Obligation to consult with particular owners and occupiers
Clause 166 requires that the holder of the GHG lease must consult with the
owners and occupiers of land in the lease area about the carrying out of
activities. This consultation is intended to keep the owners and occupiers
informed of the timing and extent of authorised activities to be undertaken
on the land and thereby assist in the development of good landholder
relations. The clause does not exempt the holder of the GHG lease from the
need to comply with notice of entry and compensation provisions of this
Act.
Obligation to commence GHG stream storage
Clause 167 provides that the holder of the GHG lease must commence
GHG stream storage within 5 years of the lease taking effect or the
commencement day as approved on the GHG lease. The specification of a
start date is to ensure that a GHG lease is granted for the purpose of GHG
storage and not as a means to retain land.
Annual rent
Clause 168 requires that a GHG lease holder must pay the annual rent for
the lease.
Civil penalty for nonpayment of annual rent
Clause 169 imposes a civil penalty of 15 per cent for the nonpayment of the
annual rent. The civil penalty is intended to provide an incentive for the
timely payment of the rent.
Requirement to have development plan
Clause 170 provides that the holder of a GHG lease must have a
development plan for the lease.
Compliance with development plan
Clause 171 requires the holder of the GHG lease to comply with their
approved development plan. Compliance with the development plan
ensures that the whole process of injection for storage of GHG stream
occurs in a safe, timely and orderly manner. The site plan and monitoring
plan within the development plan are critical elements to risk minimisation
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for the lease. In the case of a GHG lease being granted as a result of a
tender process, compliance with the development plan is essential to ensure
the integrity of the tender process. Failure to comply with the development
plan is considered to be a significant breach of the mandatory conditions.
Obligation to give proposed later development plan
Clause 172 requires that the holder of the GHG lease must submit a later
development plan and the times and occasions when a later development
plan is required. The later plan must comply with the later development
plan requirements. The later plan is required because an initial
development plan has a maximum 5 year term or there may be occasions
when a significant change to the activities is imminent or the lease holder
may become aware that the nature and extent of activities are changing to
the extent that a later plan is required. For any of these situations a new
plan needs to be submitted for approval. The timeframes relating to the
submission of the proposed later development plan ensures that there is
adequate time to assess and approve the later development plan. The
provision of a late fee is intended to be an incentive to encourage the timely
submission of the later development plan.
It may be considered that there is as a breach of a fundamental legislative
principle triggered by this clause. The late lodgement fee is proposed to
encourage the timely submission of later development plans, by GHG lease
holders, for Ministerial approval. The time for lodgement of a later
development plan has been determined with a view to completing the
necessary work of assessing, and approving or rejecting the later
development plan before the expiry of the current development plan
approved for the GHG lease. The late lodgement of the later development
plan greatly reduces the time for this. To discourage the late lodgement of
later development plans, and to reduce unnecessary increases in the
Minister's and administering department's work loads, an application fee
greater than the lodgement fee is proposed.
The GHG lease holder has 40 to 100 business days, before the end of the
current approved development plan period, to submit the later development
plan without incurring the proposed larger application fee. This is a
reasonable timeframe for lodgement, considering the GHG lease holder has
known of this date since the approval of the current development plan.
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Consequence of failure to comply with notice to give proposed
later development plan
Clause 173 provides that on failure to lodge a later development plan as
required by the notice given to the holder, the GHG lease is cancelled.
Part 7 Surrenders
When surrender is permitted
Clause 174 provides details about when the holder of a GHG lease may
surrender the lease only through an application that is approved.
Part of GHG lease area cannot be surrendered
Clause 175 provides that the whole lease must be surrendered and not a
part only. The area of the lease covers the area of storage as detailed in the
development plan for the lease. Monitoring the GHG stream is to be
continuous for the life of the project and post-closure of wells.
Surrendering the whole lease is the practical and common sense approach
where the purpose of the lease is to permanently store the injected GHG
stream underground.
Timing of surrender application
Clause 176 provides that application for surrender may only be made after
injection of GHG stream has ceased and wells have been decommissioned
as required.
Requirements for making surrender application
Clause 177 provides details about the requirements for a surrender
application, these being that the surrender application must be made on the
approved form and be accompanied by the application fee. This clause also
provides for the surrender application to be accompanied by a report
containing details about the authorised activities conducted on the area the
subject of the surrender application.
The report is required to detail the results of the activities; the applicant's
modelling of the behaviour of GHG streams injected; information relevant
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to the modelling and the applicant's analysis of the information; the
applicant's assessment of the behaviour of GHG streams injected; the
expected migration pathway or pathways of the GHG streams; the
short-term and long-term consequences of the migration; the applicant's
suggestions for the approach to be taken by the State, if the surrender is
approved, to monitor and verify the behaviour of the GHG streams; and
any other information that may be prescribed.
This report is necessary to show the extent of the area used for injection
and how the GHG stream has behaved since the beginning of injection and
in relation to the predicted migration pathways. Impacts on surrounding
geology and likely leakage pathways will form part of the report. These are
all critical in determining the type, frequency and duration of monitoring
that should take place; further reporting that will be needed and any action
to be undertaken that will reduce risks to as low as reasonably practicable.
Minister may require further report or work for surrender of
GHG lease
Clause 178 provides provides that the Minister may require the applicant to
provide a report about how the risks associated with the activities
performed under the GHG lease have been reduced as much as is
reasonably practicable; or to carry out further work to reduce risks. The key
to reducing risks is in the selection of the site for storage. The incentive for
surrendering the lease in a shorter timeframe therefore lies in the
exploratory work done in the permit stage and in the accuracy of detail in
the development plan. Non-compliance with this provision may attract a
penalty. Ensuring risks are very low gives confidence to the public
regarding safety and the environment
Deciding application
Clause 179 provides that the Minister may only approve the surrender if the
listed details have been met. Further, this clause provides that the Minister
must consider, in deciding whether to approve the surrender, the extent to
which the applicant for the surrender has complied with the conditions of
the GHG lease. If reports have not been submitted or the reports do not
provide clear details the decision on surrender will be delayed until there is
compliance and until an accurate appraisal of the site can be ascertained.
The GHG stream must be behaving in an acceptable manner and risks
reduced as low as reasonably practicable before surrender will be
permitted.
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Notice and taking effect of decision
Clause 180 provides for the Minister, on approval of the surrender, to give
the applicant for the surrender a notice about the decision. The surrender
then takes effect the day after the decision is made.
Responsibility for injected GHG streams after
decommissioning
Clause 181 provides that on surrender of the GHG lease the injected GHG
stream becomes the property of the State. This creates certainty for
responsibility of both the reservoir and the GHG stream contained therein.
Chapter 4 Coordination with other
authorities
Part 1 Preliminary
Relationship with chs 2, 3 and 5
Clause 182 provides that the coordination of activities with other
authorities is subject to the chapters about GHG exploration permits, GHG
leases and general requirements. Chapters 2, 3 or 5 prevail when there is an
inconsistency. Restrictions and requirements must be complied with.
What is an overlapping authority
Clause 183 provides for the types of authorities that will be considered
overlapping authorities, should a GHG authority be granted over all or part
of these.
What is an exploration authority (non-GHG)
Clause 184 lists the authorities mentioned in the previous clause:
· an authority to prospect under the Petroleum and Gas (Production and
Safety) Act 2004 or the Petroleum Act 1923;
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· or any of the following under the Mineral Resources Act 1989--
(i) a mining claim;
(ii) an exploration permit;
(iii) a mineral development licence or
· a geothermal exploration permit under the Geothermal Exploration
Act 2004.
General provision about the power to grant GHG authorities for
land subject to other authorities
Clause 185 provides that subject to the other provisions of this chapter and
chapters 2, 3 and 5 related to granting of overlapping authorities for GHG
authorities, where there is another Act relating to the overlapping authority
under that Act, this does not limit or affect the power under this Act to
grant an overlapping GHG authority or to carry out authorised GHG
activities.
Part 2 Coordination arrangements for
GHG leases
GHG coordination arrangements that may be made
Clause 186 provides for an arrangement to allow for the orderly and safe
coordination of GHG authorities with overlapping authorities. The
coordination arrangement will allow for a structured and safe approach to
GHG activities, and petroleum production or mining activities in the area.
The coordination arrangement may relate to the timing of activities and the
sharing of infrastructure. The ability to enter into a GHG coordination
arrangement should ensure efficient and safe industry operations.
Other provisions about and effect of GHG coordination
arrangement
Clause 187 provides that a GHG coordination arrangement may be for any
term; and have more than 2 relevant leases; and be included in, or form part
of, a coordination arrangement under the Petroleum and Gas (Production
and Safety) Act 2004. A person, other than the lease holder, may also be a
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party to the arrangement. This allows independent contractors doing work
for the lease holder to be included in the arrangement. The proposed GHG
coordination arrangement must be approved by the Minister.
Applying for Ministerial approval of proposed GHG
coordination arrangement
Clause 188 provides for the parties to any proposed coordination
arrangement to apply jointly for the Minister's approval. If the arrangement
is inconsistent with the current development plan, a new plan must be
submitted.
Ministerial approval of proposed GHG coordination
arrangement
Clause 189 provides the criteria by which the Minister may approve or
refuse a proposed coordination arrangement. The requirement for the
Minister's approval acts to ensure that the arrangement is in the best
interest of the State, consistent with the purposes of relevant legislation and
that the coordination arrangement is appropriate in the context of the
spatial relationship of the lease.
Approval does not confer right to surrender or renew
Clause 190 provides that while a coordination arrangement may have a
term longer than the term of the lease, the approval of such an arrangement
does not obligate the Minister to renew the other relevant lease or allow
surrender of the GHG lease.
Grant of pipeline licence
Clause 191 provides for the grant of a pipeline licence if the coordination
agreement provides for the grant of a pipeline licence. As the intention is to
encourage greater efficiency in relation to the use of infrastructure, in
particular pipelines, then the coordination agreement may extend to cover
the grant of a pipeline licence. Even though a pipeline licence is to be
granted, the grant is still subject to other provisions about the grant of a
pipeline licence in the Petroleum and Gas (Production and Safety) Act
2004 relating to the capability of the holder of the licence to operate the
pipeline. This is required to ensure that the pipeline licence holder is
capable of operating a pipeline.
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Amendment or cancellation by parties to arrangement
Clause 192 provides for the agreement to be amended or cancelled by the
parties to the agreement with the Minister's approval. The power to amend
or cancel the agreement is needed as circumstances may change and the
agreement may no longer be appropriate. The approval of the Minister is
required to ensure that the outcome is in the public interest and that there is
no detrimental effect.
Minister's power to cancel arrangement
Clause 193 provides for the Minister to be able to cancel the arrangement.
This power is needed if there are reasons why the agreement is considered
to no longer be relevant or appropriate. The Minister is required to give the
parties a notice of intention to cancel the agreement and to consider any
submission made. An information notice is to be issued in relation to the
decision to cancel the agreement. An information notice is appropriate as
the parties may incur an expense or a disruption to an authorised activity
for a GHG authority as a result of the decision.
Cancellation does not affect relevant leases
Clause 194 states that the cancellation does not affect any relevant lease.
Part 3 Obtaining GHG lease if
overlapping authority
Division 1 Preliminary
Application of pt 3
Clause 195 provides how this part applies for applicants for a GHG lease in
an overlapping authority situation.
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Division 2 Requirements for application
Requirements for making application
Clause 196 provides details of requirements for the application including a
GHG statement and GHG assessment criteria information. The assessment
criteria include the requirements of the safety provisions under the
Petroleum and Gas (Production and Safety) Act 2004; the development
plan requirements, particularly those relating to overlapping authorities; the
economic and technical viability of concurrent activities, the public interest
and the potential for the parties to make a GHG coordination arrangement.
The details provided assist in the decision-making process. Clarity and
accuracy are encouraged so that decisions on approval may be made in a
timely manner.
Content requirement for GHG statement
Clause 197 provides details of what is required in the statement and
includes a safety management plan, an assessment of technical and
commercial feasibility and an assessment of the likely effect on the future
use of resources and proposals for the minimisation of potential adverse
effects on possible future safe and efficient use of the resources.
Division 3 Consultation provisions
Applicant's information obligation
Clause 198 provides the GHG lease applicant to give a copy of the GHG
lease, apart from the capability criteria, to the holder of the overlapping
authority. It is essential that this information is received by any overlapping
authority holder and the Minister may refuse the application if this has not
been done.
Submissions by overlapping authority holder
Clause 199 provides the overlapping authority holder may make
submissions to the Minister about the GHG lease application within 4
months of receiving the copy of the GHG lease application. The clause
provides a list of possible information for a submission. If a submission is
made a copy must also be given to the GHG lease applicant.
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Division 4 Resource management decision if
overlapping non-geothermal authority
about exploration
Application of div 4
Clause 200 provides that this subdivision applies to overlapping authority
holders who have made a submission within the 4 months time-frame and
have requested priority for their lease, provided there has been no priority
given already under another Act. Geothermal exploration permit holders
are not included because at this stage there is no legislation in place for
those holders to apply for a geothermal lease.
Resource management decision
Clause 201 provides that the Minister must make a resource management
decision about whether to grant the GHG lease, give priority to the
overlapping authority holder or to do neither.
Criteria for decision
Clause 202 provides that the Minister must have regard to the GHG
statement; the GHG assessment criteria; the holder submissions and the
public interest. By considering all of the information provided, the Minister
can make an informed decision and may decide against both. For example,
both may be detrimental to another resource in the area like groundwater
and it would not be in the public interest to grant a GHG lease nor a
particular overlapping authority.
Restrictions on giving overlapping authority priority
Clause 203 provides for restrictions on giving overlapping authority
priority. The priority may only be given if a coordination arrangement
cannot be made or it is not technically or commercially feasible for the
GHG lease applicant to enter into an arrangement and it would not be in the
public interest to grant priority to the GHG lease applicant.
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Division 5 Process if resource management
decision is to give overlapping
authority priority
Application of div 5
Clause 204 provides that this division applies if a resource management
decision was required and the decision was to give the overlapping
authority holder priority either in full or for a part only of the area.
Notice to applicant and overlapping authority holder
Clause 205 provides for a notice to be given to the parties about the
decision and invite the overlapping authority holder to apply for a lease, for
all or part of the land as decided, within 6 months of receiving the notice.
Six months is considered a reasonable amount of time to apply for the
relevant lease and is not too long for the GHG lease applicant to wait for an
outcome.
Relevant lease application for all of the land
Clause 206 provides for when an overlapping authority holder is applying
for all of the land for a lease the GHG lease application cannot proceed
until the overlapping lease application has been decided. If it is decided to
grant all of the land for the relevant lease the GHG lease application is
taken to have lapsed.
Relevant lease application for part of the land
Clause 207 provides that when an overlapping authority is applying for a
lease over only part of the land, in the 6 month application period, the GHG
lease application may amend the GHG lease application for all or part of
the remainder of the land. Unless an amendment is made a decision cannot
be made about the GHG lease application until the overlapping lease
application has been decided.
No relevant lease application
Clause 208 provides a decision on grant of a GHG lease may be made if the
overlapping authority holder does not apply for the relevant lease within
the 6 month period.
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Division 6 Resource management decision not
to grant and not to give priority
Lapsing of application
Clause 209 provides that a GHG lease application is taken to have lapsed if
a resource management decision was required and the decision was not to
grant to the overlapping authority holder or to the GHG lease applicant.
This clause is to remove doubt in that situation.
Division 7 Deciding application
Application of div 7
Clause 210 sets out the circumstances when this division applies. If the
overlapping authority holder has not made a submission within the relevant
period, or does not wish to have any priority, and a resource management
decision gave priority to the overlapping authority holder or was not to give
priority to the overlapping authority holder and the Minister decides to
grant the GHG lease.
Application may be refused if no reasonable prospects of GHG
coordination arrangement
Clause 211 provides that applications do not remain unresolved for
excessive periods. If there are no reasonable prospects that a coordination
arrangement will be made, the Minister may refuse the application.
Additional criteria for deciding provisions of GHG lease
Clause 212 sets out the additional criteria the Minister must consider when
deciding provisions of the GHG lease. These include the GHG statement
and assessment criteria and a consideration of the safety issues.
Publication of outcome of application
Clause 213 provides that a notice about the decision is to be published. It is
in the public interest to publish this notice.
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Part 4 Priority to particular mining or
petroleum lease applications
Earlier mining or petroleum lease application
Clause 214 provides that where a mining or petroleum lease application has
been made prior to the application for the GHG lease (in what would be an
overlapping situation) the GHG lease application cannot be decided before
the mining or petroleum application has been decided.
Proposed mining or petroleum lease for which EIS approval
given
Clause 215 provides for priority to be given to those proponents who have
been granted approval for the preparation of a voluntary Environmental
Impact Statement under the Environmental Protection Act 1994 for a
project that is, or includes, a proposed mining lease or petroleum lease.
This is because the Environmental Impact Statement process is potentially
publicly available from that point and so the trigger point for priority has
been advanced ahead of the point of application for the lease.
Proposed mining or petroleum lease declared a significant
project
Clause 216 provides for priority to be given to those proponents of a
project that is declared a `significant project' under the State Development
and Public Works Organisation Act 1971 where the project is, or includes,
a proposed mining lease or petroleum lease. This is because an
Environmental Impact Statement is required for a `significant project' and
the Environmental Impact Statement process is potentially publicly
available from that point, and so the trigger point for priority has been
advanced ahead of the point of application for the lease.
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Part 5 GHG lease applications in
response to invitation under
another Act
Application of pt 5
Clause 217 provides for the application of this part whereby a GHG lease
application is made in response to an invitation given because of a resource
management decision under another Act.
Additional ground for refusing application
Clause 218 ensures that the Minister can refuse to grant a GHG lease
application if it is considered that the application, which was invited as a
result of a resource management decision not to grant a mining or
petroleum lease, is not being progressed in a timely manner. This is
necessary to ensure the integrity of the original resource management
decision.
Part 6 Additional provisions for GHG
authorities
Division 1 Restrictions on authorised activities
other than for GHG leases
Overlapping mining or petroleum lease
Clause 219 provides when land in the area of a mining or petroleum lease
is also GHG authority land (other than a GHG lease). The authorised
activities for the GHG authority may only be carried out if a safety
management plan is required and is in place, and if any objections properly
submitted have been decided in favour of allowing the GHG authorised
activities.
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Overlapping exploration authority (non-GHG)
Clause 220 applies if land is in the area of a GHG authority, other than a
GHG lease, and in the area of a non-GHG exploration authority. Any
authorised activities for the GHG authority cannot be carried out on the
land if carrying it out adversely affects the activities of the other
exploration authority and these activities have already started.
Resolving disputes
Clause 221 applies if an overlapping mining or petroleum lease holder has
objected to the carrying out of a GHG storage activity by a GHG authority
holder. This clause also applies if there is a dispute between a GHG permit
holder and an exploration authority (non-GHG) holder about whether an
authorised activity for the permit can be carried out under clause 220.
If there is a dispute between a GHG permit holder and an exploration
authority (non-GHG) holder about whether an authorised activity for the
permit can be carried out, either party may ask the Minister to decide.
There is opportunity for submissions to be made, about the matter, to the
Minister. The decision made by the Minister is binding on the parties and
conditions may be attached to the decision. This method of resolving
disputes should deter a party from objecting for arbitrary or obstructive
reasons.
Division 2 Additional conditions
Notice of grant by particular GHG authority holders
Clause 222 requires a GHG authority holder, apart from GHG leases, to
notify other authority holders or applicants in the area of the grant of the
GHG authority. This is a normal business consideration and has practical
application if, for example, infrastructure and costs could be shared.
Condition to notify particular other authority holders of
proposed start of particular authorised activities
Clause 223 requires the GHG authority holder to notify any overlapping
authority holders, other authority holders sharing a common boundary, or
Petroleum and Gas (Production and Safety) Act 2004 data acquisition
authority holders of the following:
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· when the designated activity is to start; and
· where the designated activity is to be carried out; and
· the nature of the activity.
Notification must be given again if the GHG authority holder is changing
the land area where the activities will be carried out.
Continuance of GHG coordination arrangement after transfer
Clause 224 provides that if a GHG lease, the subject of a coordination
arrangement, is transferred, the GHG lease holder must continue with the
coordination arrangement while there is an overlapping situation.
Division 3 Restriction on Minister's power to
amend GHG lease if overlapping
authority
Interests of overlapping authority holder to be considered
Clause 225 provides that if there is an overlapping authority for a GHG
lease, the GHG lease may be amended under clause 374 only if the
interests of the overlapping authority holder have been considered.
Part 8 Additional provisions for
development plans if
overlapping authority
Operation of pt 8
Clause 226 provides for the operation of this part, that is the additional
requirements for an overlapping tenure situation.
Statement about interests of overlapping authority holder
Clause 227 provides that a statement must be included in the development
plan showing that the GHG applicant has considered the interests of any
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overlapping authority. The GHG assessment criteria are to be used in
compiling this statement.
Consistency with overlapping authority's development plan
and with any relevant coordination arrangement
Clause 228 provides that the proposed development plan must be
consistent with any relevant coordination arrangement. The coordination
arrangement must make sense and be achievable, thus the requirement for
consistency.
Additional criteria for approval
Clause 229 provides that the Minister must consider the additional
information provided when deciding whether to approve the plan or
amendment.
Part 9 Additional provisions for safety
management plans
Grant of GHG lease does not affect obligation to make plan
Clause 230 provides that regardless of the GHG lease applicant providing a
GHG statement as required, a safety management plan under the Petroleum
and Gas (Production and Safety) Act 2004 is still required for any GHG
operating plant. The safety management plan may be audited at any time.
Requirements for consultation with particular overlapping
authority holders
Clause 231 provides that for an operating plant that will be used for GHG
storage activities the operator must use reasonable attempts to consult with
an overlapping authority holder if the activities may adversely affect the
safe and efficient use of the other resources. The plans may be amended to
incorporate any reasonable suggestions made by the overlapping authority
if these are commercially and technically feasible. This is a common-sense
provision to maximize safety for all operators and others who may be in the
area, for example independent contractors.
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Application of P&G Act provisions for resolving disputes about
reasonableness of proposed provision
Clause 232 provides that when a dispute arises about the reasonableness of
proposed provisions of the overlapping authority holder to the safety
management plan this dispute must be dealt with under the relevant
provisions of the Petroleum and Gas (Production and Safety) Act 2004 as
the Petroleum and Gas (Production and Safety) Act 2004 deals with GHG
safety management plans.
Chapter 5 General provisions for GHG
authorities
Part 1 GHG injection and storage data
acquisition authorities
Division 1 Obtaining authority
Who may apply for GHG data acquisition authority
Clause 223 provides for a GHG tenure holder to enter land, contiguous to
the tenure, to conduct geophysical surveys under a GHG data acquisition
authority. The need to extend a geophysical survey beyond the bounds of
the GHG tenure is to enable the full acquisition of data, at depth, for the
GHG tenure. The failure to acquire a full data set at depth results in poor
quality data and uncertainty in the definition of the geological target. A
GHG data acquisition authority can not be issued over land within another
GHG tenure.
If an adjacent GHG tenure exists over an area of land that another holder of
a GHG tenure wishes to conduct a geophysical survey, then the holder must
conduct the survey under the authority of, and with the agreement of, the
holder of the adjacent tenure. A GHG data acquisition authority cannot be
used for activities other than those defined.
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Requirements for making application
Clause 234 provides that the application for the GHG data acquisition
authority must be made on the approved form and be accompanied by the
prescribed fee.
Deciding application
Clause 235 provides that the Minister may grant or refuse a GHG data
acquisition authority. The authority is a temporary authority and is intended
to provide for only sufficient time for the acquisition of geophysical data to
be completed.
This clause also provides that the payment of the rent and security for the
GHG data acquisition authority must be made as part of the condition to
grant the GHG data acquisition authority. This ensures that all the
necessary financial transactions are completed before the grant of the
authority, thus showing its applicant's bona fides.
Provisions of authority
Clause 236 provides that a GHG data acquisition authority must state its
area including the term (limited to a maximum of 12 years), area,
relinquishment days, conditions not inconsistent with the mandatory
conditions provided for in this Act, and the day the GHG permit takes
effect. The ability to decide these provisions enables conditions to be set
addressing issues specific to a particular GHG permit.
Any conditions placed on the authority are not to be inconsistent with the
mandatory conditions for the GHG tenure to which it relates to ensure that
the authority is not used for another purpose.
It may be considered that there is a breach of a fundamental legislative
principle triggered by this clause. The right of entry to owner or occupier
lands is balanced by the application of private land, public land, and
compensation provisions in this Act.
Notice of refusal
Clause 237 provides for a notice to be given to the applicant for a GHG
data acquisition authority regarding a decision to refuse the GHG data
acquisition application.
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It may be considered that there is a breach of a fundamental legislative
principle triggered by this clause. The holder of a GHG tenure may apply
to the Minister for a GHG data acquisition authority, the granting of which
would allow the applicant to conduct geophysical surveys on land
contiguous to their GHG tenure. The proviso is that the contiguous land is
not to be subject to another GHG tenure. The GHG tenure holder only has
rights, provided for under this Act, in relation to land that is considered part
of their GHG tenure. This is except where the Minister has granted a GHG
data acquisition authority. The GHG tenure has no rights, provided under
this Act, to land outside the boundary of their GHG tenure to conduct the
key authorised activities detailed for GHG tenure under this Act.
The ability to acquire geophysical survey data is intended to assist in
providing full data coverage up to the boundary of the GHG tenure in
question, both to assist the GHG tenure holder and eventually, to form part
of the data collected by the State.
The grant of a GHG data acquisition authority is to be made by the
Minister in relation to the State's resources and, because it does not limit
any authorised activity within the GHG tenure already held by the
applicant, it is not considered appropriate for an appeal to apply.
Division 2 Provisions for GHG data acquisition
authorities
Key authorised activities
Clause 238 provides for the right to carry out authorised activities that can
be undertaken under a GHG data acquisition authority and that the carrying
out of the activities is subject to other provisions of this Act.
Additional condition of relevant GHG tenure
Clause 239 provides for a condition on a GHG data acquisition authority to
become a condition for the relevant GHG tenure. This provision ensures
that the holder of the relevant GHG tenure must comply with the condition.
Failure to comply with condition means that disciplinary action can be
taken.
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Authority holder is the relevant GHG tenure holder from time to
time
Clause 240 provides that the holder of the GHG data acquisition authority
is the holder of the relevant GHG tenure to which the GHG data acquisition
authority relates.
Authority ends if relevant GHG tenure ends
Clause 241 provides for the GHG data acquisition authority to end if the
related GHG tenure ends. As the GHG data acquisition authority was
granted for the sole purpose of conducting a geophysical survey to acquire
data for the related GHG tenure, this purpose no longer exists if the GHG
tenure ends.
Relationship with subsequent GHG tenure
Clause 242 provides for where a GHG tenure is granted over land covered
by a GHG data acquisition authority after the GHG data acquisition
authority was granted. The authority continues to exist and the conducting
of a geophysical survey can occur. However, if the carrying out of the
geophysical survey conflicts with the authorised activities under the GHG
tenure, then the GHG tenure activities take priority. The assignment of this
priority recognises the GHG tenure holder's right to undertake authorised
activities in the area of their tenure.
Also, a GHG data acquisition authority holder cannot conduct geophysical
surveys on the GHG tenure without first obtaining the agreement of the
GHG tenure holder, the agreement is still current, and the agreement has
been submitted to the chief executive.
Although an earlier right has been provided to the holder of the GHG data
acquisition authority, the GHG tenure holder should be aware of the details
of activities (what and where) to be conducted under the authority.
The GHG data acquisition authority has been granted for a limited period
(up to 1 year) when there is no overlapping GHG tenure. The holder of the
data acquisition authority should not be impeded in conducting the
activities as the activities directly relate to a contiguous GHG tenure which
was granted before any subsequent GHG tenure.
The reason behind granting a GHG tenure over land already subject to a
GHG data acquisition authority (even though the authority holder had
certain, but lesser rights before the GHG tenure holder), is that there is no
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possibility of GHG injection or storage within the area of the GHG data
acquisition authority by the authority holder. The State has given higher
priority to the activities under the GHG tenure in order to promote the
earlier injection and storage of a GHG stream.
Annual rent
Clause 243 provides that rent must be paid for by a GHG data acquisition
authority. The amount, the way the payment is to be made, and the due date
for the rental will be prescribed under a regulation.
End of authority report for GHG data acquisition authority
Clause 244 provides that within 6 months after the end of a GHG data
acquisition authority, a report is required to be submitted to the chief
executive about the authority when it was current. Details of the
requirements for this end of authority report will be prescribed under a
regulation.
Part 2 GHG storage viability
assessment
Minister's power to require GHG viability report
Clause 245 enables the Minister to request, by notice, that the holder of a
GHG tenure obtains a GHG viability report on the whole or part of a GHG
tenure. The purpose of the GHG viability report is to provide information
on the viability of GHG stream storage in an area of a GHG tenure. The
request must state the reasons why the Minister is of the opinion that it is
viable to carry out GHG stream storage in the area and what drew the
Minister to this conclusion. The notice must also state that a GHG viability
report is required, and give a reasonable timeframe for the GHG tenure
holder to provide the report. The purpose of the report is to provide a
detailed assessment of the potential of natural underground reservoirs,
within the area of the GHG tenure, to store a GHG stream.
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Required content of GHG viability report
Clause 246 provides for the content of a GHG viability report. The data in
support of the information and conclusions is also required to accompany
the report. The information being sought covers all aspects in relation to
the development of a GHG stream storage site, such as identifying each
GHG storage reservoir within the area asked to be reported on and the
GHG tenure holders opinions about the viability or future viability for
GHG stream storage. Technical data relating to the geology of GHG
storage reservoirs in the area and market and financial data relevant to the
opinions proffered, must also accompany the report.
The provision of the data and information enables an assessment of the
validity of the conclusions in relation to the viability for GHG stream
storage.
Minister's power to obtain independent viability assessment
Clause 247 enables the Minister to obtain an independent GHG viability
assessment in respect to the viability of carrying out GHG stream storage
in all or part of the area of the GHG tenure. The independent report
provides a mechanism for the Minister to determine the viability of
carrying out GHG stream storage in relation to any GHG storage reservoir
and thereby address any public concerns that this resource is not being
developed to its capacity.
The Minister is to advise the GHG tenure holder of the Minister's intention
to obtain an independent assessment and whether the State will seek to
recover costs for the assessment. The power to obtain an independent GHG
viability assessment may be used as a means of verifying the conclusions in
the GHG viability report prepared by the GHG tenure holder. As the GHG
tenure holder may be required to pay for the cost of an independent GHG
assessment, it will encourage the tenure holder to fully address all issues in
relation to the viability of carrying out GHG stream storage. The GHG
holder has the right to make a written submission on why the Minister
should not seek an independent GHG viability assessment.
Costs of independent viability assessment
Clause 248 provides for the circumstances for the recovery of reasonable
costs of the independent viability assessment to be recovered from the
GHG tenure holder. If the GHG tenure holder fails to pay the reasonable
costs, then these costs can be recovered as a debt.
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Part 3 Ownership and
decommissioning of GHG stream
pipelines
Application of pt 3
Clause 249 provides for the application of this part to pipelines operated or
constructed under a GHG tenure.
General provision about ownership while tenure is in force for
pipeline
Clause 250 provides the circumstances when a pipeline is taken to be, or
remains, the personal property of the holder of a GHG tenure.
Ownership afterwards
Clause 251 outlines what happens to the ownership of the pipeline when
the GHG tenure, or any subsequent GHG tenure ends, or the land on which
the pipeline is constructed ceases to be in the area of the GHG tenure. The
clause is also subject to any condition of the former GHG tenure, and
provides that if the pipeline is decommissioned, the GHG tenure holder, or
former GHG tenure holder, may dispose of it to anyone else.
Obligation to decommission pipelines on cessation or
reduction of tenure
Clause 252 provides for the decommissioning of a pipeline in certain listed
circumstances. The holder (or former holder) of the GHG tenure must
decommission the pipeline on the relevant land, in the way prescribed
under a regulation, before the land ceases to be in the area of the GHG
tenure, or the GHG tenure ends, or at a later date set by the Minister.
The intention of this clause is to ensure that the decommissioning is carried
out by the GHG holder and not by the State. However, where another GHG
tenure or petroleum authority is granted before the decommissioning day,
and this pipeline's operation becomes an authorised activity for this tenure
or authority, the above requirement for decommissioning a pipeline does
not apply.
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Part 4 Reporting and information
provisions
Division 1 General reporting provisions
Requirement of GHG tenure holder to report outcome of GHG
storage injection testing
Clause 253 provides for the results of GHG storage injection testing, on a
GHG tenure, to be submitted to the chief executive and within the
timeframes stated. It is a requirement that the results of GHG storage
injection testing detail the amount of water taken during the testing.
Monitoring reports by GHG lease holder
Clause 254 provides for when, and to whom, a monitoring report needs to
be submitted. A monitoring report may also be required upon the request
of:
· the chief executive of the department in which this Act is
administered, or
· the chief executive of the department in which the Environmental
Protection Act 1994 is administered, or
· the chief executive of the department in which the Water Act 2004 is
administered
This clause also provides a definition of a monitoring report.
Relinquishment report by GHG permit holder
Clause 255 provides for a relinquishment report to be submitted to the chief
executive in the timeframes stated. A relinquishment report provides
details on areas relinquished (as required by the provisions of this Act), or
other areas of a GHG tenure voluntarily surrendered (providing these areas
do not consist of the whole of the area of a GHG tenure). The report must
include details about the authorised activities for the GHG tenure carried
out in the relinquished or surrendered area, the results of these activities,
and any other matters prescribed under a regulation.
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End of tenure report
Clause 256 provides for an end of tenure report to be submitted to the chief
executive in the timeframes stated. An end of tenure report provides details
on that area of the GHG tenure that was within the GHG tenure
immediately before it ended (called the `relevant area'). The report must
include details about the authorised activities for the GHG tenure carried
out in the relevant area, the results of these activities, and any other matters
prescribed under a regulation. However, the end of tenure report need not
contain details about, or results of, activities for which a report has already
been submitted to the chief executive.
Power to require information or reports about authorised
activities to be kept or given
Clause 257 provides for a regulation, or the chief executive, for services to
the State, to require a GHG authority holder to keep (as prescribed under a
regulation) stated information or types of information, obtained from
authorised activities conducted within the GHG authority. This clause also
provides for a regulation, or the chief executive, for services to the State, to
require a GHG authority holder to lodge a notice with stated information,
types of information or stated reports at stated times or intervals, about
activities conducted within the GHG authority. This stated information may
include exploration data and conclusions based on this data. Any of this
information or reports, that are required to be lodged with a notice, must be
submitted to the chief executive.
Reports must meet the standards that are to be prescribed in terms of both
content and electronic file formats. The standards are established to ensure
that subsequent explorers or developers can use the reports to assess
prospects for the discovery of GHG storage sites, and that they are not
forced into unnecessary expenditure to repeat investigations because they
have been inadequately documented. Adherence to these requirements will
contribute to the development of comprehensive national databases of
mineral, hydrocarbon and GHG storage site prospects. In more practical
terms, report assessment will be simplified, and the standards will ensure
that data can be stored and maintained for their future availability to
industry participants.
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Division 2 Records and samples
Requirement to keep records and samples
Clause 258 provides for a GHG tenure holder to keep records and samples
(as prescribed under a regulation), obtained from authorised activities
conducted within the GHG tenure, for a period prescribed under a
regulation. These samples or records may include such things as samples of
core or fluid obtained from drilling activities, or the results of the analysis
of these core or fluid samples.
Requirement to give records and samples
Clause 259 provides that where a GHG tenure holder is required to keep a
record or sample, a copy of the record or part of the sample must be
submitted to the chief executive in the timeframes stated. This clause also
provides for the chief executive to require the lodgement of more of a
sample in the timeframes stated in this clause. Also, the chief executive
may ask for more of a sample.
Records and samples about authorised activities form a vital part of the
exploration database maintained and made publicly available.
Samples particularly will be used to assess the integrity of GHG storage
sites for effective long-term storage.
Division 3 Releasing required information
Meaning of required information
Clause 260 provides a definition of `required information'. `Required
information' is information in any form, about authorised activities carried
out under a GHG authority that the holder has lodged to comply with
various provisions of this Act. For example, records and samples submitted
as required by this Act.
Public release of required information
Clause 261 provides for the chief executive to release any required
information to the public, after the end of the confidentiality period
(prescribed by regulation) has passed, irrespective of whether the GHG
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authority the required information relates to has ended or not. Any
confidentiality period, prescribed under a regulation, ceases if the required
information relates to an authorised activity conducted on the area of a
GHG authority that is no longer within the area of the authority.
For example, a well may have been drilled within a GHG tenure and a well
completion report about this drilling may have been submitted to the
required office. Then, the area the well was drilled in was relinquished
from the tenure. The chief executive may then, if the confidentiality period
has not ended, release the report to the public.
Chief executive may use required information
Clause 262 provides for the chief executive to use any required information
for purposes related to this Act, irrespective of whether the GHG authority
the required information relates to has ended or not. This is for the
betterment of the geoscientific information available about the State.
Also, the ending of the GHG authority does not affect the authorisation for
the chief executive to publicly release required information. For example,
an end of GHG tenure report may still be released publicly, even though the
tenure has ended.
Part 5 General provisions for wells
Division 1 Responsibility for wells
Former petroleum wells assumed by GHG tenure holder
Clause 263 provides that this Act applies to any matters in relation to a
petroleum well, the responsibility for which has been assumed by the GHG
tenure holder, as if the well was a GHG well.
Requirements for drilling GHG well
Clause 264 provides for a prescribed standard for the drilling of a GHG
well, including ensuring that any relevant requirements about construction
and drilling standards for water bore drilling activities under the Water Act
2000 are complied with. The standard will assist in ensuring that wells are
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drilled safely and minimise the potential for damage to natural
underground reservoirs or the possibility of adversely affecting future
exploitation of other natural resources in or around the area of the well.
Division 2 Decommissioning of wells
Application of div 2
Clause 265 provides that the division applies to a GHG well drilled or a
well that is, or has been, a petroleum well for which the holder has assumed
responsibility.
Restriction on decommissioning well
Clause 266 provides that a GHG well may only be decommissioned when
the storage reservoir to which the well relates has no available storage
capacity for any further injection of a GHG stream.
Obligation to decommission
Clause 267 requires that a GHG well be decommissioned. For a GHG
lease, the well is to be decommissioned when the GHG storage reservoir to
which the well relates does not have any further storage space for GHG
stream injection.
For a GHG permit, a well is to be decommissioned when the GHG permit
ends or land where the well is located ceases to be in the area of the GHG
permit. However, decommissioning of a well is not required if the area
ceases to be in the area of GHG permit because of the grant of a GHG lease
of that area.
For a GHG well to be properly decommissioned, the well must be plugged
and abandoned in the way prescribed under regulation, any relevant
requirements under the Water Act 2000 for the decommissioning of water
bores have been complied with and Minister administering the Water Act
2000 has been given a notice about the decommissioning in the approved
form.
The requirement for the well to be properly decommissioned will ensure
that the State does not inherit a liability in relation to the well.
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Right of entry to facilitate decommissioning for GHG permit
Clause 268 provides for a right of entry to decommission a GHG well after
a GHG permit ends. This provision enables entry to lands to decommission
a well if this obligation had not been met before the GHG permit ended.
The provisions within this Act in relation to the entry onto public or private
land still apply as if the GHG well was still within the area of a GHG
permit. Even though the GHG permit may have ended, the
decommissioning activity may be conducted as if the decommissioning
was an authorised activity for the GHG permit.
Responsibility for well after decommissioning
Clause 269 provides for who has the responsibility for a GHG well upon
decommissioning. A GHG well remains the responsibility of the holder of
a GHG tenure until the tenure ends or the area in which the well is located
ceases to be in the area of a GHG tenure. When a GHG well is
decommissioned according to the prescribed standard, the well is
transferred to the State upon the ending of the GHG tenure or when the
area in which the well is located ceases to be in the area of a GHG tenure.
The State's ownership of the well enables the well to be subsequently
transferred to the landowner or the holder of a concurrent or subsequent
granted geothermal, mineral or petroleum tenure, tenement or authority.
This enables the reuse of the well and therefore minimises additional
impacts upon the land.
Part 6 Security
Operation and purpose of pt 6
Clause 270 provides for the Minister to require security for a GHG
authority or a proposed GHG authority. The security given ensures
compliance with this Act and any authority issued pursuant to this Act, or
secures any amounts payable by the holder or proposed holder, such as rent
and penalties imposed for breaches under this Act. The security may also
be used to pay compensation to an owner or occupier of land, where the
person authorised by the chief executive has entered this land to exercise
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remedial powers, and the owner or occupier of the land has suffered a cost,
damage or loss because of the exercise of these remedial powers.
Power to require security for GHG authority
Clause 271 provides that the Minister may, at any time, require security
from a GHG authority holder (or proposed holder). The security does not
have to be given by the GHG authority holder or applicant, unless the
holder or applicant has been given a notice (requiring security of at least
the amount and in the form prescribed under a regulation) or an
information notice (in all other cases).
Minister's power to require additional security
Clause 272 provides that the Minister may, at any time, require an
increased amount of security from a GHG authority holder. If the
prescribed security amount is amended, the Minister needs to send a notice
to the GHG authority holder, requiring the holder to submit additional
security up to the amount of security that has been amended by the
regulation.
In other cases, the procedure to require additional security involves the
Minister giving the GHG authority holder an information notice stating the
proposed requirement, and inviting the holder to make written submissions
about the requirement within a stated period that must not be less than 20
business days.
The Minister must consider any written submission from the GHG
authority holder received within the stated period before making the
requirement. This clause also states when this requirement takes effect.
Interest on security
Clause 273 provides for the State to keep any interest that accrues on cash
securities given for GHG authorities under this part.
Power to use security
Clause 274 provides for the State to use the security given for a GHG
authority and any interest accrued on cash securities, for matters detailed in
this part.
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Replenishment of security
Clause 275 provides that the Minister may, at any time and in a reasonable
way, amend the amount of security to replenish any of the utilised security
in order to maintain the determined security level for a GHG authority, or
may require another amount of security to be given for the GHG authority.
Security not affected by change in authority holder
Clause 276 provides that any security held for a GHG authority remains as
security for the GHG authority and may be used by the State, irrespective
of whether there has been a transfer of, or any change in, percentage
holdings for the GHG authority. The name of the holder of any
unconditional financial institution security, or similar instrument, given as
security for a GHG authority, is taken to have changed as a consequence of
the change in the holder. If and when any cash security is to be refunded, it
will be refunded to that holder of the GHG authority that was noted in the
GHG register as being the last holder of the GHG authority before it ended.
Retention of security after GHG authority ends
Clause 277 allows for the security given for a GHG authority to be held for
one year after the GHG authority has ended. If there is a claim for an
amount of this security and this claim has not been properly assessed, this
claimed amount may be held until such time as the claim has been properly
assessed.
Part 7 Private land
Division 1 Preliminary
Application of pt 7
Clause 278 describes the application of this Part; that is, this part applies to
all private land, unless the holder of the GHG authority is also the holder of
the land.
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Division 2 Requirement for entry notice for entry
to private land in area of GHG
authority
Requirement for entry notice to carry out authorised activities
Clause 279 lists the restrictions on entry to carry out authorised activities
for a GHG authority. Authorised activities for GHG authorities cannot be
carried out on private land unless a notice (an `entry notice') has been given
to each owner and occupier of the land at least 10 business days before the
proposed entry.
However, a person may enter private land to carry out authorised activities
without giving an entry notice, where the entry is required because of a
dangerous or emergency situation that exists (or may exist) on the land
proposed to be entered. In these circumstances, the person must, if
practicable, notify each owner and occupier of the land orally before
entering the land.
A person acting under the auspices of the GHG authority may also enter
private land to carry out authorised activities without giving an entry
notice, however each owner and occupier of the land must agree to the
entry with the person (called a `waiver of entry notice').
Waiver of entry notice
Clause 280 lists the requirements for a waiver of entry notice. The waiver
of entry notice may be given only by signed writing and state that the
owner or occupier has been told that it is not compulsory that they have to
agree to the waiver, list the authorised activities proposed to be carried out
on the land, the period of entry, and when and where on the land the
activities are proposed to be carried out.
During the period of entry stated in the waiver of entry notice, the owner or
occupier cannot withdraw the waiver of entry notice. The entry consent
ceases to have effect after the period of entry stated in the waiver of entry
notice.
Required contents of entry notice
Clause 281 outlines the required contents of an entry notice. Each of the
following must be stated in an entry notice:
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· the land proposed to be entered (generally described as a lot-on-plan);
· the period of entry on the land (called the `entry period');
· the proposed authorised activities on the land stated in this entry
notice;
· where (specifically on the land previously described) and when
(specific periods within the previously identified entry period) the
authorised activities are proposed to be carried out; and
· the contact details of the holder of the GHG authority, or the contact
details of a person authorised to discuss the matters stated in the entry
notice.
The entry period cannot be longer than 6 months (where the entry notice is
for a GHG permit) or 12 months (where the entry notice is for any other
GHG authority). This period may be longer for a GHG tenure providing
each relevant owner and occupier agrees in writing to a longer period.
Where an authorised activity proposed by a GHG authority holder is
unlikely to significantly disrupt the day-to-day activities the occupier of the
land normally carries out on the land, the notice of entry requirements
about proposed authorised activities (and where and when the authorised
activities are proposed to be carried out) may be complied with by
generally describing the nature and extent of the activities.
An information statement in the approved form, containing the rights and
obligations of GHG authority holders, occupiers and owners in relation to
the entry of land under a GHG authority, must be included with (or
accompany) the entry notice.
Giving entry notice by publication
Clause 282 provides for the chief executive to approve, in certain
circumstances, the giving of an entry notice by publication. In some cases,
particularly those relating to certain authorised activities proposed under a
GHG data acquisition authority, it is more practical for an entry notice to be
given by publication, rather than having to give each owner and occupier
the entry notice individually.
However, the chief executive must be reasonably satisfied that the
publication of the notice is reasonably likely to adequately inform each of
the owners and occupiers of land the subject of the entry notice, about the
proposed entry, at least 10 business days prior to this entry occurring.
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Where the chief executive has approved the giving of an entry notice by
publication, the published entry notice must state where a copy of the
information statement, which would normally have been included with or
accompanied the entry notice, may instead be obtained or inspected free of
charge.
Division 3 Requirement for further notice before
carrying out authorised activities on
private land
Application of div 3
Clause 283 provides that this division applies when authorised activities are
to first commence on the land. This notice is intended to supplement the
entry notice provision as the entry notice could be given many months
before the activities actually commence.
Requirement to give further notice
Clause 284 provides for a later notice to be given at least two business days
before the commencement of authorised activities on the land. A shorter
period may be agreed for the giving of the notice. The notice can be given
in any form.
Failure to give further notice
Clause 285 provides a penalty if the holder of the GHG authority does not
give the later notice. Failure to give a notice, however, does not prevent the
holder from carrying out authorised activities.
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Division 4 Access to private land outside area of
GHG authority
Subdivision 1 Preliminary
Application of div 4
Clause 286 provides that the division applies to private land outside the
area of a GHG authority.
Subdivision 2 Access rights and access agreements
Access rights of GHG authority holder
Clause 287 provides the right, the exercise of which is restricted, for a
GHG authority holder to cross land to access the holder's GHG authority
(called `access rights', with the land in question being called `access land'),
or conduct certain activities on this access land to assist in the accessing of
the holder's GHG authority. These activities may include constructing a
track or opening and closing gates.
Restriction on exercise of access rights
Clause 288 provides when access rights may be exercised. These rights
may be exercised only when the entry is required because of a dangerous or
emergency situation that exists (or may exist). These rights may also be
exercised only when a written or oral agreement (called an `access
agreement') has been obtained about the exercising of the rights from each
owner and occupier of the land (where a permanent impact on the land is
likely to be made), or each occupier of the land (where a permanent impact
on the land is not likely to be made). A definition of permanent impact on
the land is detailed, and an example of a permanent impact given. An
example of where a permanent impact on the land is not likely to be made
is also detailed.
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Owner or occupier must not unreasonably refuse to make
access agreement
Clause 289 provides that an owner or occupier cannot unreasonably refuse
to make an access agreement. This clause also provides that an owner or
occupier may make reasonable and relevant conditions part of the access
agreement. If an access agreement is not made within 20 business days
after the GHG authority holder has asked the owner or occupier, the owner
or occupier is taken to have refused to agree to the access.
Principles for deciding whether access is reasonable
Clause 290 provides the principles to be applied in deciding whether access
is reasonable. These include whether it is reasonably necessary for the
holder to cross the land to allow entry to the GHG authority, or carry out
activities on the land to allow for the crossing of the land, or whether the
owner or occupier has unreasonably refused to make an access agreement.
The holder of the GHG authority must first show that they cannot use
formed roads as access. If the holder shows that they cannot use formed
roads as access, consideration must be given to the nature and extent of any
impact the exercise of the access rights will have on the land and the owner
or occupier's use and enjoyment of it, and how, when and where, and the
period during which the authority holder proposes to exercise the access
rights.
Provisions for access and access agreements
Clause 291 provides for the notice of entry provisions to apply to the entry
of access land. However, any access agreement made may contain details
about the waiver of this requirement or an alternative to this requirement. If
an access agreement contains alternative provisions to the notice of entry
provisions, the notice of entry provisions do not apply to the entry so long
as the alternative provisions are in force.
Access agreements may also contain compensation provisions in relation to
the exercise of the rights, or future exercise of the access rights by the GHG
authority holder. It is also provided that this division does not limit an
owner or occupier granting a GHG authority holder a right of access to the
land by other means, for example, by the grant of an easement.
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Access agreement binds successors and assigns
Clause 292 provides that the access agreement binds all parties to it and
each of their personal representatives. The agreement also binds all future
holders in the title and all assigns.
Subdivision 3 Land Court resolution
Power of Land Court to decide access agreement
Clause 293 provides for any party to apply to the Land Court. Any
conditions imposed by the Land Court about the exercise of the access
rights are considered to be the access agreement between the parties (where
one does not already exist) or the conditions of the access agreement
(where one already exits).
Power of Land Court to vary access agreement
Clause 294 provides for the Land Court, when applied to by a party to an
access agreement, to vary any condition of an access agreement, providing
there has been a material change in circumstances. This clause does not
prevent the parties to an access agreement, by consensus, varying the
access agreement.
Criteria for deciding access
Clause 295 provides that the Land Court must have regard to particular
matters when making a decision under this subdivision.
Division 5 Provisions for dealings or change in
ownership or occupancy
Entry notice or waiver of entry notice or access agreement not
affected by a dealing
Clause 296 states that a dealing with a GHG authority (that is, a transfer or
a mortgage) does not affect an entry notice, waiver of entry notice or access
agreement given or made for a GHG authority.
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Change in ownership or occupancy
Clause 297 applies where there has been a change of occupancy or
ownership after an entry notice has been given for a GHG authority. In this
case, the holder of the relevant GHG authority is taken to have given a
notice to the new owner or occupier, and the holder of a relevant GHG
authority is not required to give the new owner or occupier a notice at least
10 business days before entry. Also, the change of ownership or occupancy
does not affect the entry period stated in the notice.
Where a waiver of entry notice has previously been given by a GHG
authority holder and agreed to by the owner and occupier of the subject
land, and the ownership or occupancy of this land changes, the new owner
or occupier is taken to have agreed to that waiver of entry notice.
When the holder of a relevant GHG authority becomes aware that there has
been a change to the occupancy or ownership of the land the subject of an
entry notice or a waiver of entry notice, the GHG authority holder must
(within 15 business days of becoming aware of the change), give a copy of
the entry notice or waiver of entry notice to the new owner or occupier.
If the holder does not give a copy of the entry notice or waiver of entry
notice to the new owner or occupier within 15 business days of becoming
aware that there has been a change to the occupancy or ownership of the
land the subject of an entry notice or a waiver of entry notice, then these
provisions no longer apply and the entry notice or waiver of entry notice
will have to be given or negotiated with the new owner or occupier.
Division 6 Periodic notice after entry of land
Notice to owners and occupiers
Clause 298 applies when a GHG authority holder has entered private land
to conduct authorised activities, or access land has been entered to exercise
the rights over the land. The GHG authority holder is required to give a
notice about authorised activities conducted on the land and where these
activities were carried out. If no authorised activities were conducted, the
notice must state this fact.
This notice must be given to each owner and occupier of the land within 3
months after the end of those relevant periods stated in this clause for entry
notices and waiver of entry notices.
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Division 7 Access to carry out rehabilitation and
environmental management
Right of access for authorised activities includes access for
rehabilitation and environmental management
Clause 299 provides that any right to enter private land to conduct
authorised activities, that a GHG authority holder enjoys, includes the right
to enter land to carry out rehabilitation or environmental management
activities required by the GHG holder under the Environmental Protection
Act 1994.
Part 8 Public land
Division 1 Public roads
Subdivision 1 Preliminary
Significant projects excluded from div 1
Clause 300 states that this division does not apply to a GHG authority that
is, or is included in, a project declared under the State Development and
Public Works Organisation Act 1971, to be a significant project. However,
this does not limit, or otherwise affect, the conditions the
Coordinator-General may recommend for the GHG authority pursuant to
Part 4 of the State Development and Public Works Organisation Act 1971.
What is a notifiable road use
Clause 301 defines the meaning of notifiable road use for a GHG authority
and details `threshold rates'.
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Subdivision 2 Notifiable road uses
Notice of notifiable road use
Clause 302 provides for a notice to be given to a public road authority, by a
GHG authority holder, where the GHG authority holder proposes to use the
road for a notifiable road use. This clause also details when the notice is to
be given, and what contents the notice must contain.
Directions about notifiable road use
Clause 303 provides for a `road use direction' to be given to the GHG
authority holder by the public road authority. This road use direction is to
contain details about the way the notifiable road use is to be carried out, or
is proposed to be carried out. Besides stating that the road use direction
must be reasonable, it also states what the `road use direction' must be
about.
This clause also provides that the road use direction may require the GHG
authority holder to carry out an assessment of the impacts likely to arise
from the notifiable road use and to consult with the public road authority in
carrying out the assessment. However, this clause also outlines when the
assessment is not required.
Obligation to comply with road use directions
Clause 304 provides for it to be a condition of the GHG authority that the
authority holder complies with the road use direction, unless there is a
reasonable excuse.
Subdivision 3 Compensation for notifiable road
uses
Liability to compensate public road authority
Clause 305 provides for compensation to be paid by a GHG authority
holder, to a public road authority, for damage caused, or that may be
caused, by notifiable road uses. This liability is called the holder's
`compensation liability' to the public road authority.
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Compensation agreement
Clause 306 provides for the GHG authority holder and the public road
authority to enter into an agreement (called a `compensation agreement').
This clause also outlines what the compensation agreement relates to, what
it must detail, and lists other matters that may be addressed in the
agreement.
Deciding compensation through Land Court
Clause 307 provides for the public road authority or the GHG authority
holder to apply to the Land Court to decide the compensation liability. The
Land Court may only decide compensation that is not subject to a
compensation agreement. This clause also details what the Land Court
must have regard to when making a decision on the compensation
application.
Criteria for decision
Clause 308 provides details about what the Land Court must take into
account when deciding a compensation liability.
Land Court review of compensation
Clause 309 provides for the public road authority or the GHG authority
holder to apply to the Land Court to review the original compensation
agreement between the GHG authority holder and the public road
authority, agreed to by these two parties or as determined by the Land
Court. However, there must have been a material change in circumstances
since the agreement or decision.
This clause also outlines what details the Land Court must have regard to in
making the review decision, and provides for the Land Court to either
confirm the original agreement or decision, or amend it in a way the Land
Court sees fit.
Compensation to be addressed before carrying out notifiable
road use
Clause 310 provides for it to be a condition of a GHG authority that no
notifiable road use may be carried out on a public road, unless a
compensation agreement is in place, the public road authority has given
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written authorisation to the GHG authority holder to conduct the notifiable
road use, or that an application has been made to the Land Court to make a
decision about compensation. This clause also provides that the written
authorisation must be given by the public road authority for each renewal
of the GHG authority.
Compensation not affected by change in administration or
holder
Clause 311 provides that the compensation agreement or decision about
compensation liability binds all parties to it and each of their personal
representatives. The agreement also binds all successors and all assigns.
Division 2 Other public land
Requirement for entry notice to carry out authorised activities
Clause 312 provides details on when this clause applies. This clause also
outlines when a person requires the approval of the public land authority
(called the `public land authority approval') to carry out authorised
activities for the GHG authority on public land, or cross public land to
enter the GHG authority. Further, the clause provides that the public land
authority approval cannot be unreasonably withheld, and that if it is, the
public land authority must give an information notice about the decision to
refuse to allow the GHG authority holder to carry out the authorised
activities.
Waiver of entry notice
Clause 313 lists the requirements for a waiver of entry notice. The waiver
of entry notice may be given only by signed writing and state that the
public land authority has been told that it is not compulsory that they have
to agree to the waiver, list the authorised activities proposed to be carried
out on the land, the period of entry, and when and where on the land the
activities are proposed to be carried out.
During the period of entry stated in the waiver of entry notice, the public
land authority cannot withdraw the waiver of entry notice. The entry
consent ceases to have effect after the period of entry stated in the waiver of
entry notice.
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Required contents of entry notice
Clause 314 outlines the required contents of an entry notice. Each of the
following must be stated in an entry notice:
· the land proposed to be entered (generally described as a lot-on-plan);
· the period of entry on the land (called the `entry period');
· the proposed authorised activities on the land stated in this entry
notice;
· where (specifically on the land previously described) and when
(specific periods within the previously identified entry period) the
authorised activities are proposed to be carried out; and
· the contact details of the holder of the GHG authority, or the contact
details of a person authorised to discuss the matters stated in the entry
notice.
The entry period cannot be longer than 6 months (where the entry notice is
for a GHG permit) or 12 months (where the entry notice is for any other
GHG authority). This period may be longer for a GHG tenure providing
each relevant owner and occupier agrees in writing to a longer period.
Conditions public land authority may impose
Clause 315 provides for a public land authority to impose conditions on a
`public land authority approval' with certain restrictions. The conditions
imposed by the `public land authority approval' cannot be irrelevant or
unreasonable, or be a condition that is the same or substantially the same
as, or inconsistent with, a condition of the GHG authority or the relevant
environmental authority for the GHG authority. This clause also provides
for the public land authority to give an information notice to the GHG
authority holder, if the public land authority sets a condition in the `public
land authority approval' that has not been agreed to or requested by the
GHG authority holder.
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Part 9 Access to land in area of
particular other authorities
Application of pt 9
Clause 316 details when this part applies. This part applies to land outside
the area of a GHG authority (called `the first authority'), that is within the
area of another GHG authority, petroleum tenure or authority under the
Petroleum and Gas (Production and Safety) Act 2004 or the Petroleum Act
1923 or a mining tenement under the Mineral Resources Act 1989 (called
`the second authority'). This clause also provides that if this land is also
private land or public land, then this part does not limit the `Private Land'
or `Public Land' provisions of this Chapter.
Access to land in area of mining lease or petroleum lease
Clause 317 provides that when the holder of the first authority wishes to
enter land within the area of the second authority, then the first authority
holder must obtain the written consent of the second authority holder
before entering the subject land. The first authority holder is then required
to lodge a notice, with the chief executive, stating that the written consent
of the second authority holder has been given.
Access to land in area of another type of authority
Clause 318 provides for when the holder of the first authority wishes to
enter land within the area of the second authority that is not a petroleum
lease or mining lease. The first authority holder may cross the land or carry
out activities on the land that are reasonably necessary to allow the crossing
of the land to access the first authority, or carry out activities that are
reasonably necessary to allow the crossing of the land to access the first
authority (for example, opening a gate) providing the written consent of the
second authority holder is first obtained. However, this clause also provides
that the right to cross the land of the second authority, or the carrying out of
reasonable activities necessary to allow the crossing of the second
authority, may only be exercised if it does not adversely affect the carrying
out of an authorised activity for the second authority. This is irrespective of
whether the authorised activity for the second authority has started or not.
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Part 10 General compensation
provisions
General liability to compensate
Clause 319 provides that each GHG authority holder is liable for
compensation, to each relevant owner or occupier of private and public
land (called an `eligible claimant'), for any compensable effect the eligible
claimant suffers because of authorised activities for the GHG authority, or
that is caused by the exercise of access rights over access land for the
authority, or consequential damages the `eligible claimant' incurs because
of a compensable effect.
This clause also outlines what a `compensable effect' is, what a `relevant
owner or occupier' are and what a `compensation liability' is. Note,
however, that this clause does not apply for a public land authority in
relation to a notifiable road use.
The intention of this clause, particularly in defining what a compensable
effect is, was to align it with, where possible, the compensation provisions
of the Petroleum and Gas (Production and Safety) Act 2004, which in turn
was based on the compensation provisions in the Mineral Resources Act
1989.
Compensation agreement
Clause 320 provides for the holder of the GHG authority and an eligible
claimant to enter into an agreement (called a `compensation agreement').
This agreement may relate to all or part of the compensation liability or
future compensation liability of the GHG authority holder to the eligible
claimant. The clause outlines various matters that must be addressed in the
compensation agreement, and various matters that may be addressed in the
compensation agreement.
Deciding compensation through Land Court
Clause 321 provides for either the eligible claimant or the GHG authority
holder to apply to the Land Court to determine the compensation liability
or future compensation liability to the eligible claimant. The Land Court
can only determine the compensation liability or future compensation
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liability to the eligible claimant to the extent it is not already covered in a
compensation agreement.
Land Court review of compensation
Clause 322 provides for either the eligible claimant or the GHG authority
holder to apply to the Land Court to review the original compensation
agreement if there has been a material change in circumstances. This clause
also provides for the Land Court to amend or confirm the original
compensation agreement.
Orders Land Court may make
Clause 323 provides for the Land Court to make appropriate orders it sees
fit to enforce any decision made by it under this part, and may order
monetary or non-monetary compensation.
Compensation to be addressed before entry to private land
Clause 324 provides that the holder of a GHG authority must not enter
private land unless the holder owns the land, or unless an eligible claimant
for the land is a party to a compensation agreement with the authority
holder, or an application has been made to the Land Court for deciding a
compensation agreement, or an emergency situation exists, or unless an
eligible claimant for the land is a party to an agreement (called a `deferral
agreement') that allows for a compensation agreement to be entered into
after the entry. This clause also outlines details about the contents of the
deferral agreement.
Compensation not affected by change in ownership or
occupancy
Clause 325 provides that a compensation agreement, or the Land Court
decision about compensation, binds all parties to it. The agreement or
decision also binds all future successors and assigns and all future
successors and assigns for the area of the GHG authority until the authority
ends.
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Part 11 Ownership of equipment and
improvements
Application of pt 11
Clause 326 provides for the application of this part to equipment taken on
to, or improvements placed on, land in the area of a GHG authority that is
in force and to equipment or improvements taken on or used for an
authorised activity for a GHG authority that is in force, with stated
exceptions.
Ownership of equipment and improvements
Clause 327 provides the circumstances what and when equipment or
improvements is taken to be, or remains, the personal property of the
holder of a GHG authority.
Part 12 General provisions for
conditions and authorised
activities
Division 1 Other mandatory conditions for all
GHG authorities
Operation of div 1
Clause 328 provides for general mandatory conditions for all GHG
authorities.
Obligation to prevent spread of declared pests
Clause 329 provides for a GHG authority holder to do all things reasonably
necessary to prevent the spread of the reproductive material of any declared
pest (both flora and fauna), either when conducting authorised activities on
the GHG authority, or when entering or leaving the GHG authority. This
may involve, for example, washing down vehicles and other equipment
before moving these from one area to another.
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Requirement to consider using formed roads
Clause 330 provides for the GHG authority holder, when entering land, to
consider using formed roads wherever practical. If the holder decides not to
use a formed road, the holder must take reasonable steps to consult with the
owner of the land before entry.
Obligation to comply with Act and prescribed standards
Clause 331 provides for the obligation to comply with this Act and
prescribed standards. When conducting authorised activities for a GHG
authority, the holder of the authority must comply with this Act, any
standard (including any Australian standard, or code, or protocol) provided
for by the GHG authority that must be complied with when carrying out an
activity, and any standard (including any Australian standard, or code, or
protocol) prescribed under a regulation in circumstances where the
authority does not provide for a standard for carrying out an activity under
the GHG authority.
Obligation to survey if Minister requires
Clause 332 provides for the Minister, by the issuance of a notice to the
GHG authority holder, to require the holder to survey or re-survey the area
of the authority within a reasonable period as stated in the notice. All costs
must be paid by the holder in complying with the notice. The GHG
authority holder must have the survey (or re-survey) carried out in a way
prescribed by the Minister and by a person who is registered as a cadastral
surveyor under the Surveyors Act 2003.
Notice of petroleum discovery
Clause 333 provides that if in the course of authorised GHG activities, a
GHG authority holder discovers petroleum; the chief executive must be
notified within 3 business days of the discovery. The notice must contain
details about the discovery and any other information prescribed by
regulation.
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Division 2 General provisions for when authority
ends or area reduced
Obligation to remove equipment and improvements
Clause 334 provides for the removal of equipment (which includes
machinery or plant) or improvements in certain listed circumstances, even
where the equipment or improvements were not owned by the holder.
Where equipment (which includes machinery or plant) or improvements
are used for an authorised activity under a GHG authority, or for exercising
access rights for the authority, the holder (or former holder) must remove
the equipment or improvements from the land prior to the removal day,
unless the owner of the land agrees otherwise.
The intention of this clause is to ensure that the removal of the equipment
or improvements is conducted by the holder (or former holder) and not by
the State, the landowner, nor the occupier of the land.
Authorisation to enter to facilitate compliance
Clause 335 provides the holder (or former holder) with the right to enter
that land subject to the provisions of this division, or to cross other land to
enter that land the subject of this division, so that the holder (or former
holder) can comply with this division's provisions.
It may be considered that there is a breach of fundamental legislative
principles triggered by this clause, as there is a power to enter without
warrant and the effect this entry has on the rights of owners or occupiers.
It may be considered that there is a breach of fundamental legislative
principles triggered by this clause, as there is a power to enter without
warrant and the effect this entry has on the rights of owners or occupiers.
However, although there is no warrant required to enter the land, the
occupier or owner of the land generally instigates the procedure for the
removal of equipment and improvements and is not too concerned about
the procedure for allowing entry onto their land, providing the end result is
the removal of the offending equipment or improvements from the subject
land. This right of entry is balanced by application of the private land,
public land and compensation provisions of this Act.
If the former holder intends to enter the land and any occupier of the land is
present at the land, the former holder also must show, or make a reasonable
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attempt to show, the occupier the former holder's authorisation under this
section.
It should also be noted that the there are two safeguards against any
unnecessary effect upon the rights of the occupier or owner drafted in this
Act for this clause. First, the Minister's power under this clause does not
extend to allowing entry to a structure, or a part of a structure, used for
residential purposes, without the consent of the occupier of the structure or
part of the structure. Second, every attempt must be made by the former
holder, who has the entry authorisation, to show the occupier or owner the
former holder's authorisation.
Division 3 Provisions for authorised activities
Authorised activities may be carried out despite rights of owner
or occupier
Clause 336 provides that authorised activities for a GHG authority may be
conducted, irrespective of the rights of an owner or occupier of the land on
which the activities are conducted. However, there are restrictions which
apply.
It may be considered that there is a breach of a fundamental legislative
principle triggered by this clause, as the rights of landholders may be
overridden.
However, the Bill, while creating e certain rights of access to private land,
also contains numerous checks and balances to minimise and control land
use conflict issues arising from this access. These provisions include a duty
of care, compensation and restitution provisions, notification requirements,
restrictions on activities that can be undertaken and penalties for
contravening these requirements.
The provision of access is essential for the exploration and development of
GHG storage sites to be able to proceed. Given the number of checks and
balances provided, the minimal number of tenure likely to be involved, the
relatively small "footprint" of GHG storage sites and the sparsely
populated nature of the area of prime interest, this should not, however, be
a significant issue.
It should also be noted that Parliament has already considered, and
allowed, access of this nature to mineral, petroleum geothermal energy
explorers, miners and developers under other legislation.
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General restrictions on right to carry out authorised activity
Clause 337 provides for what restrictions the carrying out of an authorised
activity for a GHG authority or the exercise of the access rights of a GHG
authority holder are subject to.
Who may carry out authorised activity for GHG authority holder
Clause 338 provides details about who may carry out (exercise) authorised
activities for a GHG authority. The persons carrying out the authorised
activities for the holder must be acting within the scope of the person's
authority from the holder. This clause also details how this authority may
be implied or expressed.
Part 13 GHG register
GHG register
Clause 339 provides for the chief executive to keep a register about GHG
authorities, coordination arrangements, and any other documents related to
this Act or another Act that the chief executive considers appropriate (for
example, mortgages over GHG authorities and other dealings as defined
under this Act).
Keeping of register
Clause 340 provides for the chief executive to keep the register in the way
the chief executive considers appropriate. This may include keeping the
register in an electronic form. This clause also provides a requirement for
the chief executive to amend the register to reflect changes to any
information recorded in the register, and when the change is to be made.
The chief executive must record when the information was amended and,
for certain listed dealings, when the approval for the dealing took effect.
Access to register
Clause 341 requires the chief executive to keep the register open for public
inspection during certain listed times and lists the places the register may
be inspected. This clause also provides that extracts from the register
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including, among other things, details such as who is the principal holder
of particular GHG authority and the addresses for service of notices of
principal holders of GHG authorities, may be searched for and obtained
upon payment of the prescribed fee.
Also, if a person asks for a copy of all of a notice, document or information
held in the register, or a copy of part of a notice, document or information
held in the register, the copy must be given to the person upon the payment
of the prescribed fee.
Note that certain particulars that the chief executive must include in the
register may not be released to a person due to privacy reasons.
Arrangements with other departments for copies from GHG
register
Clause 342 provides provides that the chief executive may enter into an
arrangement to supply other government departments with a copy of all or
part of a notice, a document or information held in the GHG register,
without requiring a fee.
However, the government departments cannot use this information
provided by the chief executive for commercial purposes. Further, the
government departments cannot include this information on a data base
without the chief executive's approval.
Supply of statistical data from GHG register
Clause 343 provides provides that the chief executive may enter into an
agreement to allow a person access to any required statistical data at a cost
that is part of the terms of the agreement. By entering into an agreement,
the chief executive is able to supply a person data derived from information
or instruments kept on the GHG register at a cost determined in the
agreement. The agreement must also include certain provisions as detailed.
Also, for privacy reasons, the chief executive must exclude any GHG
authority particulars and personal information that may allow a person to
identify a person or a GHG authority to whom or which the instrument or
information relates.
This clause may be perceived as being administrative in character, with the
regulation of affairs between departments of the State being a matter of
administrative, rather then legal, concern.
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However, the GHG register, as with the petroleum register, geothermal
register and the register maintained under the Mineral Resources Act 1989,
is a public register. As such, the information contained therein must not be
open to manipulation or modification in such a manner as to become
incorrect or to breach privacy principles. Further, unauthorised use of
information obtained from the GHG register also needs to be prevented.
This clause will give certainty to the parameters for use of this important
information.
Chief executive may correct register
Clause 344 provides for the chief executive to correct the GHG register,
providing the chief executive is satisfied about certain listed matters, and
the chief executive also records the details of the register before the
correction and the time, date and circumstance of the correction.
Part 14 Dealings
Division 1 Preliminary
What is a dealing with a GHG authority
Clause 345 provides a listing of permitted dealings that must be recorded
on the GHG register. These include:
· a transfer of all or part of any holdings in a GHG authority,
· a mortgage of all or part of any holdings in a GHG authority,
· a release, transfer or surrender of a mortgage,
· a sublease, or a share in a sublease, of a GHG lease,
· a transfer of a sublease and
· a change to a GHG authority holder's name even if the holder
continues to be same person after the change. For example, where the
name of a company changes (say from a `Limited' to a `Pty Ltd'
company) that is the holder of a GHG authority, and there has been no
change to the company's ACN or ARBN number [given to a company
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by the Australian Securities and Investments Commission upon its
registration under the Corporations Act 2001 (Cwlth)].
There are other commercial dealings (for example Deeds and Farm-In
Agreements) that may be entered into by the holder of a GHG authority and
another party. However, there is no compulsion for these to be recorded on
the GHG register.
Prohibited dealings
Clause 346 provides a listing of prohibited dealings, including the transfer
of a `divided part' of a GHG tenure. Examples of the transfer of a `divided
part' of a GHG tenure, that are a prohibited dealing, are also detailed. The
examples given for prohibited dealings may be further explained as
follows:
· (Company) Pty Ltd has a 100% holding in a GHG lease, and this
company wishes to transfer one hectare of this lease to an eligible
person; and
· (Company) Pty Ltd holds 100% of a GHG lease and this company
wishes to transfer that area of the GHG lease, below a geological
stratum, to an eligible person.
However, the effect of the above may be able to be achieved by way of a
sublease, which is a permitted dealing.
What is a third party transfer
Clause 347 provides the definition of a third party transfer of a GHG
authority.
Division 2 Registration of dealings generally
Registration required for all dealings
Clause 348 provides for a permitted dealing to be noted on the GHG
register. This clause also provides that a registered dealing takes effect on
the day the transfer was concluded (for a third party transfer) or on the day
the dealing was given to the chief executive for registration.
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Approval requirement for third party transfer
Clause 349 provides that a third party transfer must be approved by the
Minister before it can be noted on the GHG register. This has the effect that
a third party transfer is the only dealing that requires Ministerial approval
before being registered.
Obtaining registration other than third party transfer
Clause 350 provides that to be registered, a dealing (other than a third party
transfer) must only be registered by giving the chief executive a notice of
the dealing in the approved form and the approved form is accompanied by
the prescribed fee. This has the effect that a dealing, other than a third party
transfer, does require Ministerial approval before being noted on the GHG
register.
Effect of approval and registration
Clause 351 provides that the mere registration, or approval and registration,
of a dealing does not give itself any more validity or effect than it would
have had, had the provisions in relation to dealings not taken effect.
Division 3 Approval and registration of third
party transfers
Applying for approval
Clause 352 provides for any party to a third party transfer, to apply to the
Minister for approval and registration of the third party dealing. The
application cannot be made if one of the parties to the third party transfer is
not an eligible person. The application must be accompanied by the
prescribed fee and must, if any of the interest being transferred is subject to
a mortgage, be accompanied by the consent of the mortgagee; and if the
Deciding application
Clause 353 provides the criteria the Minister must take into consideration,
or the actions required to be completed, when the Minister is deciding
whether or not to approve the third party transfer. The approval may only
be granted if:
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· The proposed transferee is the holder of a relevant environmental
authority, under the Environmental Protection Act 1994, for the GHG
authority, and
· If any financial assurance is required under the Environmental
Protection Act 1994, it has been given, or if no financial assurance or
extra financial assurance was required, that the Minister is advised of
this fact, and
· If the third party transfer is that of a GHG tenure, the Minister has
considered the relevant criteria under chapter 2 or 3 for obtaining that
type of GHG tenure.
Security may be required
Clause 354 provides that the Minister, as a condition of deciding to approve
the third party transfer, may require the proposed transferee to give security
for GHG authority as if the transferee was an applicant for the GHG
authority. If this security is not provided, the Minister may refuse the third
party transfer application.
Information notice about refusal
Clause 355 provides that if the Minister decides not to grant the approval of
a third party transfer, the Minister must give an information notice about
the decision.
Part 15 Enforcement of end of authority
and area reduction obligations
Power of authorised person to ensure compliance
Clause 356 provides for the chief executive to authorise a person (called an
`authorised person') when a GHG authority holder (or former holder) has
not decommissioned GHG wells, has not decommissioned pipelines or has
not removed equipment or improvements.
The authorised person may enter land and do all things necessary to ensure
the remedial requirement is complied with and enter any other land to cross
for access to the other land. The authorisation given to the authorised
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person must be in writing and may be given on conditions the Minister sees
as appropriate. This clause also provides that the authorised person cannot
enter residential structures without the consent of the occupier.
Requirements for entry to ensure compliance
Clause 357 provides for a notice of entry to be given 10 business days
before the entry to land for remedial purposes. This notice must be given to
the occupier of the land (if the land has an occupier) or to the owner of the
land (if the land has no occupier). This clause also provides details about
what information the notice must detail, and provides for the chief
executive to approve, in certain listed circumstances, the giving of the entry
notice by publication.
Also, this clause provides that if the occupier of the land is present on the
land when remedial activities are about to take place, the authorised person
must show the occupier of the land the person's authorisation.
It may be considered that there is a breach of fundamental legislative
principles triggered by this clause, as there is a power to enter without
warrant, and the effect this entry has on the rights of owners or occupiers.
However, although there is no warrant required to enter the land, the
occupier or owner of the land generally instigates the procedure for the
decommissioning of a GHG well or pipeline, or removal of equipment and
improvements, and will not generally be concerned about the procedure for
allowing entry onto their land, providing the end result is the
decommissioning of the GHG well or pipeline, or removal of the offending
equipment or improvements from the subject land.
There are two safeguards against any unnecessary effect upon the rights of
the occupier or owner drafted in this Act for this clause. First, the chief
executive's power under this clause does not extend to allowing entry to a
structure, or a part of a structure, used for residential purposes, without the
consent of the occupier of the structure or part of the structure. Second,
every attempt must be made, by the authorised person who has the entry
authorisation, to show the occupier or owner the authorisation.
It should also be noted that each owner and occupier of the subject land is
to be given a detailed notice about the entry to the subject land 10 days
before the actual entry is to occur.
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Duty to avoid damage in exercising remedial powers
Clause 358 provides that the authorised person is to take as reasonable care
as is practicable not to cause too much inconvenience nor create too much
damage.
Notice of damage because of exercise of remedial powers
Clause 359 provides for the authorised person, if in exercising remedial
powers the person damages land or something on the land, to give a notice
of damage directly to the owner and occupier of the land, where possible,
or display the notice in a prominent place where it is likely to come to the
attention of the owner or occupier. The notice must state the particulars of
the damage, and that pursuant to the provisions in this Act about
compensation for the exercising of remedial powers, the owner or occupier
may claim compensation from the State.
Compensation for exercise of remedial powers
Clause 360 provides details about an owner or occupier claiming
compensation arising from a loss because of the exercise of remedial
powers.
Ownership of thing removed in exercise of remedial powers
Clause 361 provides that when exercising remedial powers and a thing is
removed, the thing becomes the property of the State, and the State may
deal with it by destroying it, giving it away, or selling it.
It may be considered that there is a breach of a fundamental legislative
principle triggered by this clause, as there is an effect on the property rights
of the holder or the former holder. However, it is envisaged that provisions
in this Act (General provisions for conditions and authorised activities) will
be the first legislative step taken by the Minister when requiring the former
GHG authority holder to enter land previously within the area of the GHG
authority or access land, to remove equipment and improvements from the
subject land.
It is also envisaged that the second legislative step will be for the chief
executive to give authority to a person to decommission a GHG well or
pipeline, or remove equipment and improvements from the subject land.
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The exercise of these remedial powers on the subject land is to keep good
faith with the landholders of Queensland; they having some legislative
guarantee that if, where the previous GHG authority holder has failed to
decommission a GHG well or pipeline, or remove equipment and
improvements, that the chief executive can authorise someone to rectify
this failure.
Neither the State, nor the landholder, should be expected to cover the costs
of this remediation, which may be more than the amount of the security
that is held for the subject GHG authority. Consequently, the thing removed
should become the property of the State, so that the costs of removal and
sale may be recovered at no expense to the landholder or the State.
Nonetheless, this clause still provides for the return of the proceeds of the
sale, less the costs of the remediation and the sale, to the former owner of
the thing.
Recovery of costs of and compensation for exercise of
remedial power
Clause 362 provides for the State to recover costs and compensation,
brought about by the exercise of the remedial powers, as a debt. However,
any sale of the things that were removed must be deducted from these
costs.
Part 16 Dealing with serious situations
What is a serious situation
Clause 363 provides a definition of serious situation for a GHG storage
reservoir. The situations all relate to the GHG stream. The serious situation
provisions align with the Commonwealth and Victorian Government's
GHG legislation.
Minister's power to give direction
Clause 364 provides for the Minister give a direction if there is a
reasonable belief that either, a serious situation has arisen or may arise, and
the GHG tenure holder is in a position to take remedial action.
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Requirements for giving serious situation direction
Clause 365 states the requirements of a serious situation Ministerial
direction that may be given by an information notice or orally.
Failure to comply with serious situation direction
Clause 366 provides that the GHG tenure holder given a serious situation
direction must comply and non-compliance may attract a high penalty.
Safety and risk reduction are key issues of this legislation and these
provisions seek to address these and will assist in promoting community
confidence in the GHG storage process.
Serious situation direction applies despite other instruments
Clause 367 provides that a direction issued under this part will apply
regardless of what is contained in work programs, development plans or
other instruments of this Act.
Powers under P&G Act not affected
Clause 368 provides does not alter the dangerous situation provisions or
other safety provisions of the safety chapter of the Petroleum and Gas
(Production and Safety) Act 2004. Both provisions apply for GHG tenure
holders.
Part 17 Miscellaneous provisions
GHG authority does not create an interest in land
Clause 369 provides that a GHG authority does not create an interest in the
land. That is, the GHG authority holder only has the rights of using the land
for the purposes as prescribed in this Act.
Joint holders of a GHG authority
Clause 370 provides for dealing with joint holders of a GHG authority.
While the presumption of joint ownership of a GHG authority arises from
the Property Law Act 1974 (section 33 at the time of writing), this clause
clarifies this issue.
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In line with existing property interest provisions in the Land Title Act 1994
(section 56) and the Land Act 1994 (section 145), this section is inserted to
remove any doubt as to how joint ownership will be dealt with in the GHG
register. A person who is eligible to hold a GHG authority under this Act
may hold it as a joint tenant or as a tenant in common.
However, if an application for a GHG authority or dealing with a GHG
authority, e.g. an third party assignment or a mortgage is lodged and does
not show whether co-owners are to hold as tenants in common or as joint
tenants, the co-owners will be recorded as tenants in common. Where the
application shows applicants as tenants in common and no shares, the
register will show their shares as being equal.
Minister's power to ensure compliance by GHG authority
holder
Clause 371 provides for the Minister to ensure compliance by a GHG
authority holder, where the holder of a GHG authority has not complied
with a requirement under this Act, and no other provision of this Act allows
someone other than the holder to ensure compliance with the requirement.
This clause provides for the Minister, by issuing a notice containing the
details listed in this clause, to do any action the Minister considers
appropriate to ensure all or part of the requirement is complied with once
the Minister has considered submissions given by the GHG authority
holder in response to the notice and given the GHG authority an
information notice.
Interest on amounts owing to the State
Clause 372 provides for interest to accrue, and become available to the
State, when any amounts (such as rent, a civil penalty for non-payment of
rent, or an annual licence fee) are owed under this Act. This clause
provides details of the amount of interest and when the interest begins to
accrue.
Recovery of unpaid amounts
Clause 373 provides for the State to recover an amount, including interest,
as a debt, when a provision of this Act requires GHG authority holder to
pay this amount (and any interest).
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Power to correct or amend authority
Clause 374 provides the power for the Minister to amend an authority at
any time, with certain restrictions. For example, the Minister may amend
the authority to correct a clerical or formal error, and record the particulars
of the amendment in the GHG register, by issuing a notice to the holder of
the authority.
The Minister may also amend the authority by issuing a notice to the holder
of the authority, and making the amendment, if it does not affect the
interests of the holder or anyone else and the holder has agreed to the
amendment in writing.
However, this clause does not apply for a mandatory condition for, or the
term of the authority, or for an amendment to a work program (for a GHG
permit) or development plan (for a GHG lease).
The official cannot amend the authority if the authority (as amended)
would be inconsistent with the mandatory conditions applying to that type
of authority.
Replacement of instrument for GHG authority
Clause 375 allows for the replacement of an original authority, where the
original authority has been lost, destroyed or stolen.
The authority holder must apply for a replacement authority to the Minister
on the approved form. The Minister must consider the application and, if
reasonably satisfied that the authority has been lost, destroyed or stolen,
replace the authority.
If the Minister decides to refuse the application, the Minister must give the
applicant an information notice about why the application was refused.
Joint and several liability for conditions and for debts to State
Clause 376 states that if more than one person holds a GHG authority, each
holder is jointly and severally responsible for complying with the
conditions of the authority and liable for all debts payable under this Act
and unpaid by the holder of the authority to the State.
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Notice of authority holder's agents
Clause 377 provides for person, carrying out functions under this Act, to
refuse to deal with a person claiming to be acting as an agent for a GHG
authority holder, unless the authority holder has given the official a notice,
stating that the agent is representing the holder.
Chapter 6 Enforcement, offences and
proceedings
Part 1 Noncompliance action for GHG
authorities
Division 1 Preliminary
Operation of div 1
Clause 378 provides a process for action against holders of a GHG
authority (including a licence or authorisation) for noncompliance. It is
noted that this division does not limit the ability to take other
noncompliance actions.
Division 2 Noncompliance action by Minister
Types of noncompliance action that may be taken
Clause 379 provides for a number of noncompliance actions which depend
on the GHG authority type. These include reducing the term of a GHG
permit or GHG data acquisition authority, amending or imposing
conditions, suspension or cancellation of the GHG authority or, in the case
of GHG permit for example, taking such actions as reducing the permit
area or withdrawing the work program approval. This clause also provides
for a monetary penalty to be used in place of other actions in some cases.
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This clause provides a head of power that may be construed as being
quasi-judicial.
While this may be argued, procedural fairness (due process) to the holder
before such a decision is made, has been provided for in this Act. Any
penalties imposed by the Minister will be commensurate with the severity
of the noncompliance and will be considered in the context of the grounds
for which such an action has been taken.
When noncompliance action may be taken
Clause 380 provides for details about when noncompliance action can be
taken. These reasons include a GHG authority being obtained falsely, any
noncompliance with this Act, the failure to pay an amount due and other
reasons associated with improper actions under a GHG authority.
Division 3 Procedure for noncompliance action
Notice of proposed noncompliance action other than
immediate suspension
Clause 381 provides that the Minister give notice to the GHG authority
holder that a noncompliance action will be taken, what action is proposed,
and details of the facts and grounds for the action. The notice must include
provision for the GHG authority holder to lodge a submission about the
proposal within a stated period, which must not be less than 20 business
days.
Considering submissions
Clause 382 provides that the Minister must consider any submission made
and, if no further action is contemplated, advise the GHG authority holder.
Decision on proposed noncompliance action
Clause 383 provides for the Minister, once any submissions have been
considered, to take the proposed noncompliance action. The Minister, in
deciding the action, must consider whether the person is a suitable person
to hold a GHG authority having regard to any criteria for deciding whether
to grant a GHG authority of the same type
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Notice and taking effect of decision
Clause 384 provides that an authority holder must be given notice of the
noncompliance decision and the date it takes effect.
Consequence of failure to comply with relinquishment
requirement
Clause 385 provides for the consequence of failure to comply with the
relinquishment requirement. This clause specifies that if the holder of the
GHG authority does not comply with the relinquishment before a day
specified in a notice, the GHG authority is cancelled.
It may be considered that there is a breach of a fundamental legislative
principle triggered by this clause in that it provides for an automatic
cancellation of a GHG authority without a right of appeal if the holder fails
to comply with the relinquishment condition. The holder of a GHG
authority must be given a notice stating that the holder of the authority
must comply with the relinquishment condition within 20 business days.
Only if the holder does not comply with the relinquishment condition is the
authority cancelled. The cancellation does not take effect until another
notice is given.
Part 2 General offences
Division 1 Restrictions relating to GHG storage
activities
Restriction on GHG storage activities
Clause 386 restricts the carrying out of GHG tenure activities in relation to
land, except in certain circumstances listed in this clause.
The purpose of this clause is to penalise persons who conduct GHG storage
activities on land that is not within the area of a GHG authority or in other
allowable circumstances detailed in this clause.
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GHG tenure holder's measurement obligations
Clause 387 provides that the holder of GHG tenure must measure GHG
streams used for GHG stream storage in accordance with the relevant
measurement scheme for the meter, ensure the meter complies with
prescribed requirements and that the measurement is made at the times and
in the way prescribed.
Duty to avoid interference in carrying out GHG storage
activities
Clause 388 requires a person who is conducting activities under a GHG
authority to carry out the activities without unreasonably interfering with
other activities being properly conducted by other persons. As authorised
activities under a GHG authority may impinge on the rights of the other
tenure holders and landowners and occupiers, there is a need to ensure all
parties cooperate. For example, a person carrying out an authorised activity
for a GHG authority must not unreasonably interfere with a grazier going
about their day-to-day business.
Division 2 Interference with authorised activities
Obstruction of GHG authority holder
Clause 389 prohibits a person, without reasonable excuse, from obstructing
a GHG authority holder from the GHG authority holder's right of access, or
obstructing the holder while the holder carries out activities authorised by
the GHG authority. However, when entering land to conduct authorised
activities, the GHG authority holder must comply with the relevant clauses
of this Act. As authorised activities under a GHG authority may impinge
on the rights of other tenure holders, land owners and occupiers, there is a
need to ensure all parties cooperate.
Restriction on building on pipeline land for GHG tenure
Clause 390 provides a restriction if land is pipeline land for 1 or more GHG
tenures. A person, other than a holder of any of the GHG tenures must not
construct a place a structure on the land unless consent is obtained from all
the GHG tenure holders.
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Restriction on changing surface of pipeline land for a GHG
tenure
Clause 391 restricts a person from changing the surface of pipeline land for
a GHG tenure that may result in a change to the depth of burial of a
pipeline except in certain listed circumstances.
Division 3 Other offences
False or misleading information
Clause 392 provides that a person must not make an entry in a document
knowing that it is false or misleading in a material particular.
Also, where directed or required under this Act, a person must not give a
document or thing that the person knows is false or misleading in a material
particular.
Executive officers must ensure corporation complies with Act
Clause 393 requires the executive officers of a corporation to ensure that
the corporation complies with the designated provisions of this Act. If a
corporation commits a particular offence against one of this Act's
designated provisions, each of the executive officers commits the offence
of failing to ensure that the corporation complies. Also, it is specified that it
is evidence that each of the executive officers failed to ensure the
corporation complied with the designated provisions this Act if there is
evidence that the corporation has been convicted of an offence against a
designated provision of this Act. The clause also provides defences for an
executive officer of a corporation in relation to the offence.
Of the offences listed, apart from those in chapter 6, part 2 (General
offences), it could be said that they confine executive officer responsibility
to ensuring the corporation complies with specific operational or
administrative requirements such as the lodging of required reports. Of the
general offences, it might be said that the elements of the offences are all
matters that require proof of the offence and should fall within the
executive officer's knowledge or responsibility.
It may be considered that there is a breach of a fundamental legislative
principle triggered by this clause, as there is a reversal of onus of proof.
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However, this provision is a standard clause in many pieces of legislation,
including the Child Care Act 2002, Property Agents and Motor Dealers Act
2000, and the Environmental Protection Act 1994. It is appropriate that an
executive officer, who is in a position to influence the conduct of the
corporation, should be accountable for offences committed against
provisions of this Act by the corporation. However, it should be noted that
there are standard defences within this provision relating to whether the
executive officer was in a position to influence the corporation's conduct in
relation to the offence or, if the executive officer was in this position, that
the officer exercised reasonable diligence to ensure the corporation
complied with the provision.
Attempts to commit offences
Clause 394 provides for it to be an offence if a person attempts to commit
an offence against this Act. Section 4 of the Criminal Code applies to this
clause.
Part 3 Appeals
Who may appeal
Clause 395 provides that a person whose interests are affected by a
decision detailed in Schedule 1 to this Act, may appeal against the decision
to the Land Court. Any person who has been, or is entitled to be given an
information notice under this Act is considered a person affected by the
decision.
Period to appeal
Clause 396 details when an appeal must commence, and allows for the
Land Court to extend the appeal making period.
Starting appeal
Clause 397 outlines how an appeal to the Land Court is started.
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Stay of operation of decision
Clause 398 provides the Land Court the ability to grant a stay of the
decision. This clause also lists the conditions of the stay and provides that
the period of a stay is not to extend past the time when the appeal body
decides the appeal. The appeal affects the decision, or the carrying out of
the decision, only if the decision is stayed.
Hearing procedures
Clause 399 provides for the appeal hearing procedure, which must be in
accordance with the rules for the Land Court, or by directions of the Land
Court where the rules make no provision for the appeal. The appeal is by
way of rehearing.
Land Court's powers on appeal
Clause 400 provides for how the Land Court may confirm a decision, set
aside and substitute another decision, or set aside and return the issue to the
original decider with appropriate directions from the Land Court. Where
the Land Court sets aside and substitutes another decision, the substituted
decision is taken to be the original decider's decision.
Restriction on Land Court's powers for decision not to grant
GHG lease
Clause 401 provides that if a Land Court is to decide an appeal against a
decision not to grant a GHG lease the Land Court cannot exercise some of
the Land Court's power in relation to the decision on the ground that any
resource management decision for the application for the GHG lease was to
give an overlapping authority priority, in whole or part.
Appeals from Land Court's decision
Clause 402 provides details about appealing the Land Courts decision. An
appeal to the Court of Appeal from the Land Court may only be made on a
question of law.
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Part 4 Evidence and legal proceedings
Division 1 Evidentiary provisions
Application of div 1
Clause 403 describes when this division applies.
Authority
Clause 404 provides that it is not necessary to prove the chief executive's or
the Minister's power to do anything under this Act, unless a party to a
proceeding requires proof otherwise.
Signatures
Clause 405 provides that a signature purporting to be the signature of the
chief executive or the Minister is evidence of the signature it claims to be.
Other evidentiary aids
Clause 406 provides that a certificate, purporting to be signed by the chief
executive and stating certain matters as outlined in this clause, are to be
taken as evidence of the matter.
Division 2 Offence proceedings
Offences under Act are summary
Clause 407 provides that offences against this Act are summary offences.
This clause also provides for when and where a proceeding for an offence
must be brought.
Statement of complainant's knowledge
Clause 408 provides that, in the case of a complainant initiating a
proceeding, a statement that the matter of the complaint came to the
complainant's knowledge on a stated day, is evidence that the matter came
to the complainant's knowledge on that day.
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Conduct of representatives
Clause 409 applies to a proceeding for an offence if it is relevant to prove a
person's, (or an actual or apparent representative of a person's) state of
mind.
It may be considered that there is a breach of a fundamental legislative
principle triggered by this clause, as there is a reversal on the onus of proof.
However, it is appropriate that a person, who is in a position to influence
the conduct of their representative, should be accountable for offences
committed against provisions of this Act by the representative. However, it
should be noted that there are defences within this provision relating to
whether the person was in a position to influence the representative's
conduct in relation to the offence or, if the person was in this position, that
the person exercised reasonable diligence to ensure the representative
complied with the provision.
Additional orders that may be made on conviction
Clause 410 provides for additional orders a court may make on the
conviction of a person for an offence against this Act, including forfeiture
of certain things to the State.
Chapter 7 Miscellaneous provisions
Part 1 Applications, lodging documents
and making submissions
Place for making applications, lodging documents or making
submissions
Clause 411 provides that if an application is to be made, or a document has
to be given to the Minister or the chief executive, a submission must be
made, the address to make the application, or lodge the document or
submission is that detailed on the relevant approved form. If there is no
approved form, or the approved form does not detail the address to make
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the application, or lodge the document or submission, the address is that of
the department as displayed on the department's website.
Substantial compliance with application requirements may be
accepted
Clause 412 provides that a person who has to decide an application may
accept an application where all the requirements of the application have not
been met; providing the person believes that the application substantially
complies with the requirements.
Additional information may be required about application
Clause 413 provides for when the Minister is making a decision about an
application, the Minister may request further information about the
application, needed to properly assess the application. The Minister may
also require the applicant to supply a statutory declaration verifying any
information within the application, or verifying any further information
requested under this clause, or an independent report by a suitably qualified
person.
The Minister may also require a survey or re-survey of the area of a GHG
authority. The survey must be carried out in a manner approved by the
Minister, and by a person who is registered as a cadastral surveyor under
the Surveyor's Act 2003.
Further, the Minister may refuse an application if the applicant does not
give the required information or the statutory declaration about the
application to the chief executive within the required timeframe. All costs
in complying with this clause must be borne by the applicant.
Particular criteria generally not exhaustive
Clause 414 provides that the Minister, where the Minister has to consider
particular criteria in making a decision about an application, may not only
consider the particular criteria, but may also take into consideration any
other criteria the Minister considers relevant.
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Particular grounds for refusal generally not exhaustive
Clause 415 provides that the Minister may, where particular grounds exist
for which the Minister may refuse an application, refuse the application on
another reasonable and relevant ground.
Amending applications
Clause 416 provides for a person who has made an application under this
Act to amend the application before it has been decided, providing the
Minister agrees to the amendment.
Where the amendment to the application is to change an applicant, all other
applicants must agree to this change. The amended applicant will then be
considered an applicant from the making of the application, for the
purposes of deciding the application.
This clause also provides that if the application is a tender for a GHG
tenure, the proposed work program or development plan cannot be
amended after the applicant has become the preferred tenderer for the
tender, or the tender cannot otherwise be amended after the closing of
tenders.
However, a change to a GHG authority applicant's name, where the
applicant is a corporation, may be made after the closing of the tenders. For
example, this may apply where the name of a company changes (say from a
`Limited' to a `Pty Ltd' company) and the company is the applicant for a
GHG authority, and there has been no change to the company's ACN or
ARBN number [given to a company by the Australian Securities and
Investments Commission upon its registration under the Corporations Act
2001 (Cwlth)]. Again, the amended applicant will then be considered an
applicant from the making of the application, for the purposes of deciding
the application.
Withdrawal of application
Clause 417 provides for an applicant to withdraw an application, by giving
a notice to the Minister. Generally, this notice must be made before the
application is decided or, in the case of an application for a GHG authority,
before the authority is granted. The withdrawal of the application by the
applicant takes place when the notice of withdrawal is given.
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If the applicant is the preferred tenderer for a call for tenders, the
withdrawal of the application does not affect the Minister's power to decide
other applications in response to the same call for tenders.
Minister's power to refund application fee
Clause 418 provides for the Minister to refund whole or part application
fees upon the refusal or withdrawal of an application.
Part 2 Other miscellaneous provisions
General public interest criteria for Ministerial decisions
Clause 419 provides that in making decisions about applications or grants
under this Act, the Minister must take into account the public interest.
Also, irrespective of whether this Act requires or permits the Minister to
make a decision giving consideration to the public interest, the Minister
may still consider the public interest in making the decision.
Provision for entry by State to carry out authority-related
activity
Clause 420 provides that in exercising a right entry to lands to carry out any
GHG authority-related activity, the right may be exercised for the State by
any person authorised by the chief executive. It is a requirement that before
entry, the person authorised by the chief executive is to give the owner of
the land a notice of the proposed entry 5 business days before the proposed
entry.
Name and address for service
Clause 421 provides for a person, who has lodged a signed notice with the
chief executive, to nominate another person at a stated address as being the
address for the service of a notice or other document for this Act.
Additional information about reports and other matters
Clause 422 provides for the Minister or chief executive to request further
written information about a notice or copy of a document, a report or
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information given previously. This request can be given by the Minister or
chief executive by a notice, given to a person previously requested under
this Act to give a notice, copy of a document, report, or information; and
the person has given the official this notice, copy of a document, report, or
information. The person must comply with the Minister's or chief
executive's notice within a reasonable timeframe as stated in this notice.
References to right to enter
Clause 423 provides for what other rights are referred to when referring to
a right to enter a place.
Application of provisions
Clause 424 provides the relationship with another provision of this Act,
another law, or a provision of another law, if those other provisions or laws
apply.
Protection from liability for particular persons
Clause 425 provides when a `designated person' (an official, a public
service officer or employee, a contractor carrying out activities relating to
the administration of this Act, or a person who is required to comply with a
serious situation direction given under this Act) may be protected from
civil liability for an act done, or omission made, honestly and without
negligence under this Act.
If a civil liability is prevented from being attached to a `designated person',
the liability instead attaches to the State. A definition of `civil liability' is
also provided for in this clause.
It may be considered that this provision offends the fundamental tenent of
equality before the law. However, given that shifting of the liability to the
State, nobody's interests are adversely affected by this provision.
Delegation by Minister or chief executive
Clause 426 provides for the Minister or chief executive to delegate their
respective powers under this Act. This clause also provides to whom the
Minister or chief executive can delegate their respective powers to under
this Act. The Minister and the chief executive may delegate their respective
powers to an appropriately qualified public service officer or employee, or
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an appropriately qualified contractor carrying out activities, relating to the
administration of this Act, for the department.
It may be considered that there is a breach of a fundamental legislative
principle triggered by this clause, as it may be perceived that it is not
appropriate to delegate the Minister's or chief executive's powers to a
contractor. However, there are restrictions in this clause that require the
contractor to be appropriately qualified and be carrying out activities
pursuant to the administration of this Act for the department. It is
envisaged that the Minister's or chief executive's powers will be delegated
to a contractor in rare and unusual circumstances, such as when a public
service officer or employee, is not considered suitably qualified to be
delegated such powers.
Ministerial directions about the giving of information
Clause 427 provides gives statutory recognition to any direction, manual,
guideline or other similar publications which may be made, published or
maintained by the Minister. These publications will, among other things:
· provide information and guidance for departmental staff;
· assist a person preparing a document required under this Act such as:
· an application,
· other supporting information related to development plans and
the like; and
· dealings, such as the transfer of any holdings in a GHG authority;
or
· assist a person to otherwise provide information to the Minister or
chief executive for a purpose under this Act.
Timeframes within which a person must provide information to the
department must be detailed in the direction about the giving of
information. The minimum timeframe for a person to provide information
will be 20 business days; however a longer period to provide information
may also be stated, depending on the nature of the information required by
the Minister.
The making, publishing and maintenance of directions under this clause is
to provide clear guidance about any information required to be provided
with, or in support of, an application, or for the continuing administration
of any GHG authority, granted under this Act.
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The policy underlying the making, publication and maintenance of
directions is to clearly place the onus of responsibility on applicants and
holders to be aware of the information required to be given to the Minister
or chief executive relating to applications (or in other circumstances
required by this Act) and to ensure the information provided is correct.
The guidance provided by the directions is intended to minimise
noncompliance with the completion of applications and required
accompanying information, as well as any other information required to be
provided from time to time under this Act.
The assistance to persons lodging the information through the directions
will facilitate smoother processing and administration of the legislation and
minimise applications failing where they are incorrect or where insufficient
information is provided.
A non-exhaustive list of examples is included with the clause. The
examples simply demonstrate instances where information might be
required. For example, a later work program might be required with an
application. A direction could be made and published by the Minister,
containing details about the information requirements in the later work
program, how this information is to be provided with the application and
the most appropriate form the information may take or how it may be
provided.
All directions, and a record of directions made, will be kept by the chief
executive and be readily available to the public. A record will also be kept
of the dates the directions were published and if any directions are
superseded, when they were superseded.
Approved forms
Clause 428 provides for the chief executive to approve forms for use under
this Act.
Regulation-making power
Clause 429 provides for the Governor in Council to make regulations
about, among other things, fees payable under this Act and the imposition
of a penalty, for contravening a regulation, of no more than 20 penalty
units.
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Chapter 8 Transitional provisions
Definitions for ch 8
Clause 430 provides the definitions for the transitional provisions.
Conversion of Zerogen's P&G Act ATPs
Clause 431 provides for the conversion of the two authorities to prospect
(ATPs), administered under the Petroleum and Gas (Production and Safety)
Act 2004, held by Zerogen. Zerogen is a wholly owned company of the
government. On assent these ATPs become GHG permits and cease to be
administered under the Petroleum and Gas (Production and Safety) Act
2004. Zerogen, a wholly owned company of the government, was the
successful tenderer over two ATPs, numbers 830 and 835 for GHG
exploration. The intention has always been to convert these ATPs over to
GHG permits.
New GHG permit for Zerogen
Clause 432 provides that a GHG permit will be granted to Zerogen over
identified parts of an authority to prospect (ATP) number 722 [held by
another company and administered under the Petroleum and Gas
(Production and Safety) Act 2004] and other areas not covered by
applications for, or granted ATPs or PLs. Zerogen, through a commercial
arrangement with the holder of ATP 722, has been conducting GHG
exploration since early 2006. The holder of ATP 722 is agreeable to the
granting of the GHG permit over certain areas of its ATP.
It is recognised that this may constitute a fundamental legislative principle
issue. However as GHG rights are only being created by these proposed
amendments it is considered that no existing rights are being impinged on.
Furthermore as the State owns the rights to GHG storage there does not
appear to be a breach of rights. It may be argued that by circumventing the
tender process that the State is precluding the possible rights of companies
competing in a tender process. However the priority grant of a tenure is
considered to be in the best interests of the public and the state that testing
being undertaken on this site takes precedence over any other GHG storage
right. On balance it is considered that the interests of the State must prevail.
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GHG storage is of such significance in mitigating the effects of climate
change by making deep cuts to CO2 emissions. On this particular site
Zerogen has been working specifically, exclusively and openly on testing
of GHG storage and the project has been closely and publicly monitored.
Further to this the Petroleum and Gas (Production and Safety) Regulations
2004 were specifically amended to allow Zerogen to undertake GHG
storage testing on this particular site and they have always fulfilled the
stringent conditions imposed on the GHG storage exploration and testing
and have undertaken comprehensive community consultation.
Authorised activities under Zerogen GHG permits may start
from assent
Clause 433 provides that on assent Zerogen may carry out GHG permit
activities subject to the provisions of this Act as if this Act had
commenced. This will allow the planned exploration and testing to
continue. If this was not the case, all work on the project would have to
cease for approximately one year. This would be such an impediment that it
may not be sustainable both financially and technically.
Deciding provisions of new GHG permit
Clause 434 requires Zerogen to give the Minister a new work program that
complies with the requirements for an initial work program.
Test plan for new GHG permit
Clause 435 provides that Zerogen may submit a test plan to the Minister for
approval even if the test plan provisions have not have commenced.
Functions under chapter may be performed before assent
Clause 436 reiterates the fact that on assent Zerogen can perform functions
validly as if this Act had commenced.
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Chapter 9 Amendment of other Acts
Part 1 Amendment of Aboriginal Land
Act 1991
Act amended in pt 1
Clause 437 provides that part 1 amends the Aboriginal Land Act 1991.
Amendment of s 41 (Provision about resumption of transferred
land etc.)
Clause 438 provides that `relevant purpose', for this section, is extended so
that it means any purpose for which land may be taken under the
Acquisition of Land Act 1967 by a constructing authority, other than a
purpose under the State Development and Public Works Organisation Act
1971, the Petroleum and Gas (Production and Safety) Act 2004 and the
Greenhouse Gas Storage Act 2008.
Amendment of s 78 (Provision about resumption of granted
land etc.)
Clause 439 provides that `relevant purpose', for this section, is extended so
that it means any purpose for which land may be taken under the
Acquisition of Land Act 1967 by a constructing authority, other than a
purpose under the State Development and Public Works Organisation Act
1971, the Petroleum and Gas (Production and Safety) Act 2004 and the
Greenhouse Gas Storage Act 2008.
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Part 2 Amendment of Coastal
Protection and Management Act
1995
Act amended in pt 2
Clause 440 provides that part 2 amends the Coastal Protection and
Management Act 1995.
Amendment of schedule (Dictionary)
Clause 441 amends the definition of `interest, for land' to include a GHG
injection and storage lease granted under the Greenhouse Gas Storage Act
2008.
Part 3 Amendment of Dangerous
Goods Safety Management Act
2001
Act amended in pt 3
Clause 442 provides that part 3 amends the Dangerous Goods Safety
Management Act 2001.
Amendment of s 3 (Application of Act)
Clause 443 provides that the Dangerous Goods Safety Management Act
2001, other than part 7 (Hazardous Materials Emergencies) and the other
provisions of the Dangerous Goods Safety Management Act 2001 relevant
to that part, do not apply to the land that is used to carry out GHG stream
storage under the Greenhouse Gas Storage Act 2008 or a GHG storage
stream pipeline under the Greenhouse Gas Storage Act 2008, other than
within the boundaries of a major hazard facility or dangerous goods
location.
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Part 4 Amendment of Duties Act 2001
Act amended in pt 4
Clause 444 provides that part 4 amends the Duties Act 2001.
Amendment of s 137 (Exemption--mining and petroleum
legislation)
Clause 445 amends the Duties Act 2001 to extend the exemptions for
transfer duty on a dutiable transaction to include the grant of a sublease
under a GHG coordination arrangement under the Greenhouse Gas Storage
Act 2008.
Part 5 Amendment of Electrical Safety
Act 2002
Act amended in pt 5
Clause 446 provides that part 5 amends the Electrical Safety Act 2002.
Amendment of s 6 (Application of Act to mines and petroleum
plant)
Clause 447 provides that certain parts of the Electrical Safety Act 2002 do
not apply to GHG storage plant, meaning private plant or an electrical
installation that is operated under Greenhouse Gas Storage Act 2008 and
the subject to inspection under the Petroleum and Gas (Production and
Safety) Act 2004.
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Part 6 Amendment of Electricity Act
1994
Act amended in pt 6
Clause 448 provides that part 6 amends the Electricity Act 1994.
Amendment of s 40H (Contracting out of s 40E, 40G(a) or (b) or
97)
Clause 449 provides for the amendment to correct a minor typographical
error.
Amendment of s 53 (Making or amending terms of standard
large customer or street lighting customer retail contract)
Clause 450 provides that the amendment, provided for in the Mines and
Energy Legislation Amendment Act 2008 to section 49(4) of the Electricity
Act 1994, makes it clear that a standard large customer retail contract is
between a large customer or street lighting customer and a retail entity. It
isn't considered necessary for this type of contract to be renamed in the
heading of section 53 of the Electricity Act 1994. Therefore, the heading is
amended.
Amendment of chapter 5A, pt 1, div 2, hdg (Definitions for ch
5A)
Clause 451 provides for the amendment to correct a minor legislative
drafting error.
Amendment of chapter 5A, pt 8, div 4, hdg (General offences for
ch 5A)
Clause 452 provides for the amendment to correct a minor legislative
drafting error.
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Part 7 Amendment of Environmental
Protection Act 1994
Act amended in pt 7
Clause 453 provides that part 7 amends the Environmental Protection Act
1994.
Replacement of s 18 (Meaning of environmentally relevant
activity)
Clause 454 provides an amendment consequential to clause 459 and clause
460.
Amendment of s 19 (Environmentally relevant activity may be
prescribed)
Clause 455 provides an amendment consequential to clause 459 and clause
460.
Amendment of s 37 (When EIS process applies)
Clause 456 provides an amendment consequential to clause 459 and clause
460.
Amendment of s 38 (Who is an affected person for a project)
Clause 457 provides an amendment consequential to clause 459 and clause
460.
Amendment of ch 4 hdg (Development approvals and
registration (other than for mining or petroleum activities))
Clause 458 provides an amendment consequential to clause 459 and clause
460, omitting the term `petroleum' and inserting `chapter 5A' activities.
Omission of ch 4A (Environmental authorities for petroleum
activities)
Clause 459 omits chapter 4A from the Environmental Protection Act 1994.
Petroleum activities that were regulated under this chapter are now
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regulated under new chapter 5A. The legislative intent regarding the
regulation of petroleum activities under chapter 4A is unchanged and is
transferred to new chapter 5A.
Insertion of new ch 5A
Clause 460 inserts a new chapter 5A.
Chapter 5A Other environmental
authorities
Part 1 Preliminary
309A What this chapter is about
Clause 460 inserts new section 309A, which states that chapter 5A provides
for environmental authorities for environmentally relevant activities which
require an environmental authority under section 426A (also amended,
below). The section stipulates that these activities are greenhouse gas
storage activities and petroleum activities, that each of these activities is a
`chapter 5A activity' and that an environmental authority for a chapter 5A
activity is an `environmental authority (chapter 5A activities)'.
Types of environmental authorities (chapter 5A activities)
Clause 460 inserts new section 309B, which provides that an
environmental authority (chapter 5A activities) can be a code compliant
authority or a non-code compliant authority. A code compliant authority is
an environmental authority (chapter 5A activities) issued under part 2,
division 3, subdivision 1. However, a code compliant authority ceases to be
a code compliant authority if, under part 3, 4 or 7, its conditions are
amended or new conditions are imposed on it. A non-code compliant
authority is any environmental authority (chapter 5A activities) other than a
code compliant authority.
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Levels for chapter 5A activities
Clause 460 inserts new section 309C, which states that each chapter 5A
activity must be prescribed under a regulation as a level 1 chapter 5A
activity, or a level 2 chapter 5A activity, depending on the risk of
environmental harm.
What is a relevant resource authority
Clause 460 inserts new section 309D, which states that a `relevant resource
authority' for a chapter 5A activity, an environmental authority (chapter 5A
activities) or an application for, or about, an environmental authority
(chapter 5A activities), is the resource authority, or proposed resource
authority, to which the activity, environmental authority or application
relates. A resource authority is, under the Greenhouse Gas Storage Act
2004:
· a GHG storage exploration permit (also called a GHG permit),
· a GHG injection and storage lease (also called a GHG lease),
· a GHG injection and storage data acquisition authority (also called a
GHG data acquisition authority);
or
· a petroleum tenure granted and administered under the Petroleum Act
1923 or
· a petroleum authority granted or administered under the Petroleum
and Gas (Production and Safety) Act 2004 or
· a licence, permit, pipeline licence, primary licence, secondary licence
or special prospecting authority granted under the Petroleum
(Submerged Lands) Act 1982.
What is resource legislation
Clause 460 inserts new section 309E, which states that the meaning of
resource legislation is any of the Acts mentioned in section 309D(2) which
includes the Greenhouse Gas Storage Act 2008, the Petroleum and Gas
(Production and Safety) Act 2004, the Petroleum Act 1923 and the
Petroleum (Submerged Lands) Act 1982.
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What is a relevant chapter 5A activity
Clause 460 inserts new section 309F, which defines a relevant chapter 5A
activity for an application for an environmental authority (chapter 5A
activities) or an environmental authority (chapter 5A activities).
What is a chapter 5A activity project
Clause 460 inserts new section 309G, which states that a `chapter 5A
activity project' is all chapter 5A activities of the same type under the same
Act carried out, or proposed to be carried out, under 1 or more relevant
resource authority for that type of chapter 5A activity, in any combination,
as a single integrated operation.
Part 2 Applying for and obtaining
environmental authority
Division 1 Preliminary
309H Definitions for pt 2
Clause 460 inserts new section 309H, which provides definitions for this
part.
Division 2 General provisions for applications
Subdivision 1 Restriction on who may apply
Restriction
Clause 460 inserts new section 309I, which states that a person can only
apply for an environmental authority (chapter 5A activities) if the person is
the holder of, or applicant for, a relevant resource authority.
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Subdivision 2 Chapter 5A activity projects
Single application required for chapter 5A activity project
Clause 460 inserts new section 309J, which applies to a person who applies
for an environmental authority (chapter 5A activities) that consists of
chapter 5A activities to be carried out as a chapter 5A project.
In these circumstances, a single application for 1 environmental authority
(chapter 5A activities) is required. If any relevant chapter 5A activity is a
level 1 chapter 5A activity, division 4 must be complied with. However a
submission under section 310K cannot be made about any relevant chapter
5A activity that is a level 2 chapter 5A activity. In granting the application,
the administering authority may issue 1 environmental authority (chapter
5A activities) for all the activities; or 2 or more environmental authorities
(chapter 5A activities) for the activities.
Single environmental authority required for chapter 5A activity
project
Clause 460 inserts new section 309K, which applies if an environmental
authority (chapter 5A activities) has been granted for a chapter 5A project.
The authority holder cannot apply for a separate environmental authority
(chapter 5A activities) for an additional chapter 5A activity intended to be
undertaken as part of the chapter 5A project. However, this section does not
prevent the holder from applying to amend or replace the environmental
authority (chapter 5A activities). A single environmental authority can be
issued for a combination of level 1 or level 2 environmental relevant
activities.
Subdivision 3 Joint applications
Application of sdiv 3
Clause 460 inserts new section 309L, which outlines the application of this
subdivision in relation to joint applications.
Joint application may be made
Clause 460 inserts new section 309M, which states that the administering
authority may accept an application made by a person who is a joint
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applicant on behalf of all the joint applicants if the authority is satisfied that
the person is authorised to make the application on behalf of each of the
joint applicants.
Appointment of principal applicant
Clause 460 inserts new section 309N, which states that the joint applicants
may appoint 1 of them as a principal applicant who can act on behalf of the
joint applicants for the application. The appointment can only be made in
the joint application or by a notice to the administering authority signed by
all the joint applicants. The joint applicants can, by a notice signed by all
the joint applicants, cancel the appointment.
Effect of appointment
Clause 460 inserts new section 309O, which states that the principal
applicant can give to the administering authority a notice or other
document relating to the application on behalf of the joint applicants. The
clause also states that the administering authority can give a notice or other
document relating to the application to the applicants by giving it to the
principal applicant. The authority can also make a requirement under this
chapter relating to the application of all the applicants by making it a
requirement of the principal applicant.
Division 3 Level 2 chapter 5A activities
Subdivision 1 Code compliant authorities
Operation of sdiv 1
Clause 460 inserts new section 309P, which provides outlines the operation
of subdivision 1 in relation to the process to obtain an environmental
authority (chapter 5A activities) for a level 2 chapter 5A activity, if there
are relevant codes of environmental compliance for the activities for the
environmental authority and if the applicant agrees to comply with the
codes.
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Requirements for application
Clause 460 inserts new section 309Q, which provides the requirements and
content of an application for an environmental authority. The application
must be in the approved form and must be supported by enough
information for the authority to decide it, including a description of each
relevant chapter 5A authority and all relevant chapter 5A activities. The
application must include a statement certifying that the applicant can, in
carrying out the relevant petroleum activities for the environmental
authority (petroleum activities), comply with the code compliance
condition. The application must be accompanied by a fee prescribed under
a regulation.
Deciding application
Clause 460 inserts new section 309R, which provides that the
administering authority must make a decision to grant the application, if
the application complies with section 309Q, otherwise it must refuse the
application.
Steps after granting application and the giving of financial
assurance
Clause 460 inserts new section 309S, which provides that, if the
administering authority decides to grant the application, then within 8
business days after the decision is made, it must:
· issue the environmental authority in the approved form, and
· insert it in the appropriate register, and
· give the applicant a copy of the authority.
However, if, under section 312O, financial assurance has been required for
the proposed environmental authority (chapter 5A activities), the steps
need not be taken until the requirement has been complied with.
Code compliance condition
Clause 460 inserts new section 309T, which provides that a code compliant
authority will include a condition that the applicable codes of
environmental compliance for the relevant chapter 5A activities for the
authority must be complied with.
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Applicable codes include any relevant codes of environmental compliance
for relevant chapter 5A activities for the authority that were in force when
the application was made, or if these codes change or are replaced then the
changed or replaced code from 1 year after the change or replacement. If
the environmental authority continues to be a code compliant authority
then the code compliance condition will be the only conditions of the
authority.
Subdivision 2 Non-code compliant authorities
Operation of sdiv 2
Clause 460 inserts new section 309U, which provides for the operation of
this subdivision in relation to the process to obtain an environmental
authority (chapter 5A activities) for a level 2 chapter 5A activity, if there
are no relevant codes of environmental compliance for the activities for the
environmental authority and if the applicant elects not to comply with the
codes.
Requirements for application
Clause 460 inserts new section 309V, which provides the requirements and
content of an application for an environmental authority. The application
must be in the approved form and must include a description of each
relevant chapter 5A authority and all relevant chapter 5A activities.
The application must be supported by enough information to allow the
authority to make a decision, including relevant information about the
likely risks to the environment, details of wastes to be generated and any
waste minimisation strategy. The application must include the application
fee prescribed under a regulation.
Conditions may be requested
Clause 460 inserts new section 309W, which provides that the applicant
may apply to the administering authority to impose a particular condition
on the environmental authority (chapter 5A activities).
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Deciding application
Clause 460 inserts new section 309X, which provides the administering
authority to decide to either grant or refuse the application within the later
of either 20 business days after the application date, or within 8 business
days after the submission period ends.
Criteria for decision
Clause 460 inserts new section 309Y, which provides the criteria the
administering authority must consider when deciding whether to grant or
refuse an application.
Conditions that may and must be imposed
Clause 460 inserts new section 309Z, which provides the conditions that
may and must be imposed on the environmental authority (chapter 5A
activities). The administering authority may impose conditions on the
environmental authority that it considers necessary or desirable. Conditions
can require the authority holder to do certain things, prohibit the holder
from doing certain things and provide details on the cessation of the
environmental authority. The administering authority must include any
conditions that it is required to impose under an environmental protection
policy (EPP) requirement.
A condition can be imposed on an authority holder that continues to apply
after the authority has ended or ceased to have effect. If the relevant
petroleum authority for the environmental authority is, or is included in, a
significant project, then any conditions stated in the Coordinator-General's
report for the project must be imposed on the environmental authority.
The administering authority must ensure that any other condition imposed
on the environmental authority is consistent with the conditions imposed
by the Coordinator-General.
Steps after granting application and the giving of financial
assurance
Clause 460 inserts new section 310, which provides the steps the
administering authority must take after granting the application and the
giving of financial assurance.
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Information notice about particular decisions
Clause 460 inserts new section 310A, which provides the requirement of
the administering authority to provide, within 8 business days after making
a decision, to the applicant an information notice about particular
decisions. The decisions in question relate to a decision to refuse the
application or a decision to impose a condition on the environmental
authority other than a condition that is the same, or to the same effect, as a
condition agreed to or requested by the applicant.
Division 4 Level 1 chapter 5A activities
Operation of div 4
Clause 460 inserts new section 310B, which provides that this division
provides the process to obtain, by application, an environmental authority
(chapter 5A activities) for a level 1 chapter 5A activity.
Requirements for application
Clause 460 inserts new section 310C, which provides the requirements and
content of an application for an environmental authority (chapter 5A).
The application must describe each resource authority and all relevant
activities for the application, be supported by enough information for the
authority to make the decision, including, information about the likely risks
to the environment, details of wastes to be generated, and any waste
minimisation strategy. The application must include an environmental
management plan and the application fee prescribed under a regulation.
Environmental management plan
Clause 460 inserts new section 310D, which provides the purpose and
requirements of the environmental management plan. The purpose of the
environmental management plan is to propose commitments to help the
authority to decide what conditions will be included in the environmental
authority. An environmental management plan must be submitted in the
approved form and must describe each relevant resource authority, all
relevant activities the subject of the application and contain information
about the land the activities will be carried out on. The environmental
management plan must also describe any potential adverse or beneficial
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impacts of the activities on the environmental values and best practice
environmental management commitments proposed by the applicant.
EIS may be required
Clause 460 inserts new section 310E, which provides the requirements and
timeframes the administering authority must adhere to when deciding
whether an EIS is required for an application. This section is consistent
with the requirements for EIS under Chapter 5 (section 164).
Public access to application
Clause 460 inserts new section 310F, which provides the requirements of
the administering authority to keep applications open for inspection by
members of the public at certain places from the application date to the
review date. The administering authority must allow a person to take
extracts or receive a copy of the application on the payment of an
appropriate fee.
Public notice of application
Clause 460 inserts new section 310G, which provides the obligation and
requirements of the applicant to make public notice of the application.
Required contents of application notice
Clause 460 inserts new section 310H, which provides the content that is
required in the application notice.
Declaration of compliance
Clause 460 inserts new section 310I, which provides the obligation of the
applicant to submit a declaration of compliance to the administering
authority declaring whether or not the applicant has complied with the
notice requirements under sections 310G and 310H. The applicant is taken
to have complied with the notice requirements if a declaration is given
under this section and if the declaration states they have complied with the
requirements.
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Substantial compliance may be accepted
Clause 460 inserts new section 310J, which provides the procedure for
accepting substantial compliance of the application notice.
Right to make submission
Clause 460 inserts new section 310K, which provides the rights of a person
to make a submission about an application to the administering authority
within the submission period.
Acceptance of submission
Clause 460 inserts new section 310L, which provides the requirements that
need to be fulfilled for a submission to be accepted by the administering
authority. A submission that complies with these requirements is a properly
made submission, and the administering authority must accept any
properly made submission.
Deciding application
Clause 460 inserts new section 310M, which provides the statutory
timeframes for the administering authority to make a decision to either
grant or refuse an application.
Criteria for decision
Clause 460 inserts new section 310N, which provides the criteria that must
be considered by the administering authority in deciding whether to grant
or refuse the application.
Conditions that may and must be imposed
Clause 460 inserts new section 310O, which provides the conditions that
may or must be imposed on the environmental authority. The administering
authority may impose conditions on the environmental authority that it
considers necessary or desirable. Conditions can require the authority
holder to do certain things, prohibit the holder from doing certain things
and provide details on the cessation of the environmental authority. The
administering authority must include any conditions that it is required to
impose under an EPP requirement. A condition can be imposed on an
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authority holder that continues to apply after the authority has ended or
ceased to have effect.
Steps after granting application and the giving of financial
assurance
Clause 460 inserts new section 310P, which provides the steps the
administering authority must take after granting the application and the
giving of financial assurance.
Information notice about particular decisions
Clause 460 inserts new section 310Q, which provides the requirement on
the administering authority to provide to the applicant and any submitter
for the application, within 8 business days after making a decision, an
information notice about the decision.
Division 5 Term of environmental authority
(chapter 5A activities)
Term
Clause 460 inserts new section 310R, which provides the term of an
environmental authority (Chapter 5A activities). An environmental
authority continues in force unless it is cancelled, surrendered or suspended
under this chapter.
Part 3 Amendments by application
Division 1 Making amendment application
Who may apply for amendment
Clause 460 inserts new section 310S, which provides that the holder of an
environmental authority (petroleum activities) can, at any time, apply to the
administering authority to amend the environmental authority. The holder
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cannot, however, apply to amend a condition of a relevant Environmental
Code of Compliance.
Code compliance condition may be amended
Clause 460 inserts new section 310T, which provides that an applicant can
make an amendment application for a code compliant authority to amend
the code compliance condition or to impose new conditions on the
authority. However, if this occurs then the authority will become a
non-code compliant authority.
Requirements for amendment application
Clause 460 inserts new section 310U, which provides the requirements for
an amendment application. An amendment application must be in the
approved form, supported by enough information to allow the
administering authority to decide the application and must be accompanied
by the fee prescribed under a regulation.
Division 2 Processing amendment application
EIS may be required
Clause 460 inserts new section 310V, which provides the procedures and
timeframes for the administering authority to decide if an EIS is required
for an amendment application.
Public notice may be required if application is for level 1
activity
Clause 460 inserts new section 310W, which provides the ability of the
administering authority to require public notice for an amended
application, if the administering authority is satisfied that there is likely to
be a substantial increase in the risk of environmental harm under the
amended license. The section outlines what qualifies as substantial increase
in risk and what the procedures are for dealing with this issue.
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Public notice process
Clause 460 inserts new section 310X, which provides the procedures and
timeframes for the public notice process.
Deciding application
Clause 460 inserts new section 310Y, which provides the administering
authority to decide to grant or refuse the application, and sets out the
relevant statutory timeframes for this process.
Criteria for decision
Clause 460 inserts new section 310Z, which provides the criteria that must
be considered by the administering authority when making a decision. The
administering authority may grant an amendment application if it is
satisfied that the amendment is necessary and desirable, however this
decision must take into account any existing provision of the environmental
authority. The decision must also take into account whether or not the
provision is proposed to be amended under the application and all or any
chapter 5A activities carried out under the environmental authority before
deciding the application.
Division 3 Miscellaneous provisions
Steps after making decision
Clause 460 inserts new section 311, which provides the required steps the
administering authority must undertake after making a decision on an
amendment application.
When amendment takes effect
Clause 460 inserts new section 311A, which provides the different
circumstances under which the amendment may take effect.
Information notice about particular decisions
Clause 460 inserts new section 311B, which provides the administering
authority to give the applicant an information notice about the decision to
either grant or refuse the application within 8 business days after making a
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decision. This does not apply if the applicant has already provided a written
agreement. The administering authority must also give an information
notice about a decision to grant an application to any submitter if public
notice was made.
Part 4 Transfers
Transfer only by approval
Clause 460 inserts new section 311C, which provides that an
environmental authority cannot be transferred unless an application has
been made under this part and the administering authority has approved the
transfer. A transfer application can be made and approved for a transfer
from joint holders of an environmental authority where 1 or more joint
holders will continue to be a holder of the environmental authority.
General requirements for transfer application
Clause 460 inserts new section 311D, which provides that a transfer
application must be made to the administering authority in the approved
form, supported by enough information to allow the administering
authority to make a decision and accompanied by the appropriate fee. Both
the holder of the environmental authority and the proposed transferee must
make the transfer application.
Amendment application may accompany transfer application
Clause 4604 inserts new section 311E, which provides the procedures for
submitting an amendment application and transfer application at the same
time. If the amendment is made and the conditions of the authority are
amended or new conditions are imposed on it, the authority will become a
non-code compliant authority. Part 3 will apply, with necessary changes, to
the amendment application as if a reference to the environmental authority
holder included a reference to the proposed transferee. The section states
that the amendment application must not be granted before the transfer
application is granted or if the transfer application is refused.
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Additional requirement for transfer application for code
compliant authority if no amendment application made
Clause 460 inserts new section 311F, which provides that this section
applies if the environmental authority (chapter 5A activities) is a code
compliant authority and the transfer application is not accompanied by an
amendment application. The section states that the transfer application
must include a certification by the proposed transferee that the proposed
transferee can, in carrying out the relevant chapter 5A activities for the
environmental authority, comply with the code compliance condition.
Audit statement may be required
Clause 460 inserts new section 311G, which provides the ability of the
administering authority to require an audit statement for the environmental
authority, within 20 business days after a transfer application is made. An
audit statement must be made by or for the environmental authority holder
and must state the extent to which activities carried out under each
authority have complied with the conditions of the environmental authority.
Deciding application
Clause 460 inserts new section 311H, which provides that the
administering authority must consider each transfer application and decide
to approve or refuse the transfer within 20 business days after the
application date. The administering authority must also consider the status
of any application under the resource legislation for the transfer to the
proposed transferee of any relevant resource authority when making a
decision.
Additional ground for refusal
Clause 460 inserts new section 311I, which provides an additional ground
for refusal of a transfer application.
Steps after making decision
Clause 460 inserts new section 311J, which provides the required steps the
administering authority must undertake after making a decision on a
transfer application.
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Part 5 Surrenders
Division 1 Surrender applications
Surrender only by approval
Clause 460 inserts new section 311K, which provides that an
environmental authority (chapter 5A activities) may be surrendered only if
an application has been made under this division and the administering
authority has approved the surrender. A holder of an environmental
authority (chapter 5A activities) must make a surrender application if
required under section 312A. The holder can make a surrender application
at any other time.
Requirements for surrender application
Clause 460 inserts new section 311L, which provides the requirements for
making a surrender application. A surrender application must be made in
the approved for and must be accompanied by enough information for the
administering authority to decide the application, a final rehabilitation
report (compliant with section 311M), an audit statement and the
appropriate fee. An audit statement must be made for or by the
environmental authority holder, state the extent to which activities carried
out under the environmental authority have complied with the conditions of
the authority and state that the final rehabilitation report is accurate.
Division 2 Final rehabilitation reports
Content requirements for final rehabilitation report
Clause 460 inserts new section 311M, which provides the content
requirements for a final rehabilitation report.
Amending report
Clause 460 inserts new section 311N, which provides the grounds and
requirements for amending a final rehabilitation report.
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FRR assessment report may be given
Clause 460 inserts new section 311O, which provides that the
administering authority may give the person who submitted a final
rehabilitation report and assessment report about the final rehabilitation
report.
Division 3 General provisions for processing
surrender applications
Deciding application
Clause 460 inserts new section 311P, which provides that the administering
authority must consider each surrender application and, within 20 business
days after the application is received by the authority, approve or refuse the
surrender.
Criteria for decision
Clause 460 inserts new section 311Q, which provides the criteria the
administering authority must consider when making a decision about a
surrender application.
Steps after making decision
Clause 460 inserts new section 311R, which provides the required steps the
administering authority must undertake after making a decision on a
surrender application.
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Division 4 Additional surrender process
provisions for greenhouse gas
storage activities
Subdivision 1 Preliminary
Application of div 4
Clause 460 inserts new section 311S, which provides that this division
applies for a surrender application for an environmental authority (chapter
5A activities) only if the proposed authority is for greenhouse gas storage
activities.
Subdivision 2 Residual risks requirements
Payment may be required for residual risks of rehabilitation
Clause 460 inserts new section 311T, which provides that the administering
authority may require the applicant to pay the administering authority a
stated amount within a stated reasonable period for the residual risks of the
area the subject of the environmental authority.
Criteria for decision to make requirement
Clause 460 inserts new section 311U, which provides the criteria for make
the decision to require the payment described in section 311T.
Amount and form of payment
Clause 460 inserts new section 311V, which provides that the administering
authority must decide the amount and the form of the payment and criteria
for deciding the amount.
Information notice about GHG residual risks requirement
Clause 460 inserts new section 311W, which provides that if a GHG
residual risks requirement is made for the surrender application, the notice
about the approval of the application under the applied provisions must
include an information notice about the decision to make the requirement.
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Restriction on surrender taking effect if residual risks
requirement made
Clause 460 inserts new section 311X, which provides that if a GHG
residual risks requirement is made for the surrender application, a decision
to approve the surrender does not take effect and particulars of the
surrender must not be recorded under the applied provisions until the
requirement has been complied with.
Subdivision 3 Directions
Directions to carry out rehabilitation may be given if surrender
refused
Clause 460 inserts new section 311Y, which provides that if the
administering authority decides to refuse the surrender application the
administering authority may give the applicant a written direction to carry
out further stated rehabilitation within a stated reasonable period. The
direction must be given to the applicant with the notice of the refusal of the
application required under applied provisions. The notice of refusal must
include an information notice about the decision to give the direction.
Division 5 Additional surrender provisions for
petroleum activities
Application of div 5
Clause 460 inserts new section 311Z, which provides that this division
applies to an environmental authority (chapter 5A activities) only if it is for
petroleum activities.
Surrender may be partial
Clause 460 inserts new section 312, which provides that the administering
authority may approve a partial surrender of an environmental authority,
and grounds for the authority to refuse such an application.
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When surrender application required
Clause 460 inserts new section 312A, which provides the circumstances in
which a surrender application is required.
Notice by administering authority to make surrender
application
Clause 460 inserts new section 312B, which provides the circumstances in
which the administering authority may, by written notice, require a holder
to make a surrender application for an environmental authority within a
stated period.
Failure to comply with surrender notice
Clause 460 inserts new section 312C, which provides that if a person is
given a surrender notice the person must comply with this notice unless
they have a reasonable excuse. There is a maximum penalty of 100 penalty
units for failure to comply with a surrender notice.
Part 6 Amendment, cancellation or
suspension by administering
authority
Division 1 Conditions for amendment,
cancellation or suspension
Subdivision 1 Amendments
Corrections
Clause 460 inserts new section 312D, which provides the grounds for the
administering authority amend an environmental authority (chapter 5A
activities) to correct a clerical or formal error.
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Other amendments
Clause 460 inserts new section 312E, which provides the grounds and
requirements for the administering authority to amend an environmental
authority (chapter 5A activities).
Subdivision 2 Cancellation or suspension
Conditions for cancellation or suspension
Clause 460 inserts new section 312F, which provides the circumstances in
which the administering authority can cancel or suspend an environmental
authority (chapter 5A activities).
Division 2 Procedure for amendment without
agreement or for cancellation or
suspension
Application of div 2
Clause 460 inserts new section 312G, which provides for the application of
this division.
Notice of proposed action
Clause 460 inserts new section 312H, which provides the procedural and
content requirements for the administering authority to provide an
environmental authority holder with a written notice of a proposed action.
Considering representations
Clause 460 inserts new section 312I, which provides the administering
authority must consider any written representation made within the period
stated in the notice under section 312H by the environmental authority
holder.
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Decision on proposed action
Clause 460 inserts new section 312J, which provides the requirements and
procedure for the administering authority to decide on a proposed action.
Notice of proposed action decision
Clause 460 inserts new section 312K, which provides the requirements and
procedures for the administering authority to provide a notice of a proposed
action decision.
Division 3 Steps after making decision
Steps for corrections
Clause 460 inserts new section 312L, which provides the steps for the
administering authority to make corrections to an environmental authority
(chapter 5A activities).
Steps for amendment by agreement
Clause 460 inserts new section 312M, which provides the steps the
administering authority must take for an amendment by agreement.
Steps for amendment without agreement or for cancellation or
suspension
Clause 460 inserts new section 312N, which provides the steps the
administering authority must take to amend, cancel or suspend an
environmental authority (chapter 5A activities) without agreement.
Part 7 Financial assurance
Financial assurance may be required before authority is issued
or transferred
Clause 460 inserts new section 312O, which provides that the
administering authority can decide to grant an application for, or to
transfer, an environmental authority (chapter 5A activities). The
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requirement for a financial assurance can only be made if the financial
assurance is justified by having regard to-
· the degree of risk of environmental harm caused by the activities, and
· the likelihood of action to rehabilitate or restore and protect the
environment because of the environmental harm caused by the
activities, and
· the environmental record of the applicant.
Power to require financial assurance if not previously required
or to require a change to financial assurance
Clause 460 inserts new section 312P, which provides outlines the grounds
and procedure the administering authority must undertake for requiring a
change to financial assurance.
Replenishment of financial assurance
Clause 460 inserts new section 312Q, which provides the ability of the
administering authority to require replenishment of financial assurance if
all or part of the financial assurance has been used and if the financial
assurance is still in force. The section outlines the administering authority's
obligation to give the permit holder a notice directing the holder to
replenish the financial assurance within a stated period so that its amount
and form complies with the financial assurance. It is a condition of the
environmental authority that the holder must comply with this direction.
Part 8 Principal holders
Application of pt 8
Clause 460 inserts new section 312R, which provides that part 8 applies if
2 or more persons jointly hold an environmental authority (chapter 5A
activities).
Appointment of principal holder
Clause 460 inserts new section 312S, which provides that a person can be
appointed the principal holder of the environmental authority if,
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immediately before the issue of the environmental authority, the person
held the position of principal applicant for the application and if the
person's appointment was not cancelled under that section. The joint
holders can sign a notice from all of them to the administering authority
appointing 1 person as the principal holder or cancelling a person as a
principal holder.
Effect of appointment
Clause 460 inserts new section 312T, which provides that the principal
holder may give a notice or other documents relating to the environmental
authority to the administering authority, or make a requirement under the
Environmental Protection Act 1994 relating to the environmental authority
of all the holders by making the requirement of the principal holder.
Part 9 Miscellaneous provisions
Grounds for refusing application for or to transfer non-code
compliant authority
Clause 460 inserts new section 312U, which provides the grounds for the
administering authority to refuse an application for or to transfer a
non-code compliant authority.
Restrictions on authority or transfer taking effect
Clause 460 inserts new section 312U, which provides the grounds for the
administering authority to refuse an application for or to transfer a
non-code compliant authority.
Amendment of s 316 (Annual fee and return)
Clause 461 provides a nomenclature amendment consequential to clause
459 and clause 460.
Amendment of s 318A (Changing anniversary day)
Clause 462 provides a nomenclature amendment consequential to clause
459 and clause 460.
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Amendment of s 367 (Claims on financial assurances)
Clause 463 provides a nomenclature amendment consequential to clause
459 and clause 460.
Replacement of s 426A (Environmental authority required for
petroleum activity)
Clause 464 provides a nomenclature amendment consequential to clause
459 and clause 460.
Amendment of s 430 (Contravention of condition of
environmental authority)
Clause 465 provides a nomenclature amendment consequential to clause
459 and clause 460.
Amendment of s 452 (Entry of place--general)
Clause 466 provides a nomenclature amendment consequential to clause
459 and clause 460.
Amendment of s 520 (Dissatisfied person)
Clause 467 provides a nomenclature amendment consequential to clause
459 and clause 460.
Amendment of s 540 (Required registers)
Clause 468 provides a nomenclature amendment consequential to clause
459 and clause 460.
Amendment of s 579 (Compensation)
Clause 469 provides amendments consequential to clause 459 and clause
460.
Insertion of new ch 13, pt 11
Clause 470 inserts a new part 11 into chapter 13.
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Greenhouse Gas Storage Bill 2008
Part 11 Transitional provisions for
Greenhouse Gas Storage Act
2008
Division 1 Preliminary
Definitions for div 1
Clause 470 inserts new section 647, which provides definitions for this
division.
Division 2 Provisions for Zerogen
New environmental authority for Zerogen's converted GHG
permits
Clause 470 inserts new section 648, which provides that on assent the old
environmental authorities (petroleum activities) in force immediately
before assent held by Zerogen for authorities to prospect numbered 830 and
835 administered under the Petroleum and Gas (Production and Safety) Act
2004, cease to be environmental authorities for petroleum activities; and
are taken to be environmental authorities (chapter 5A activities) for
greenhouse gas storage activities.
The converted authorities are non-code compliant, for a level 2 chapter 5A
activity. The conditions of the converted authorities are all of the
conditions of the old authorities that are relevant to the carrying out of
greenhouse gas storage activities under the authority to prospect to which
the converted authority relates. Chapter 5A applies to the converted
authorities.
New environmental authority for Zerogen's new GHG permit
Clause 470 inserts new section 649, which provides that, on assent,
Zerogen is taken to have been granted an non-code compliant, level 2
chapter 5A activity environmental authority (chapter 5A activities) for all
greenhouse gas storage activities authorised under the GHG permit, the
conditions of which are all of the conditions of the environmental authority
(chapter 5A activities) No. PEN 200040607, granted on 22 October 2007
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Greenhouse Gas Storage Bill 2008
as in force on assent that are relevant to the carrying out of greenhouse gas
storage activities under the CCS permit. Chapter 5A applies to the
environmental authority.
Division 3 Provisions for replacement of former
chapter 4A with chapter 5A
References to former chapter 4A
Clause 470 inserts new section 650, which provides that a reference in an
Act or a document to former chapter 4A is taken to be a reference to
chapter 5A, and, a reference in an Act or a document to a particular
provision of former chapter 4A (called the `repealed provision') is taken to
be a reference to the provision of chapter 5A that corresponds, or
substantially corresponds, to the repealed provision.
Environmental authorities (petroleum activities) other than
converted authorities
Clause 470 inserts new section 651, which provides that for an
environmental authority (petroleum activities) in force under former
chapter 4A immediately before assent, other than the converted authorities,
the environmental authority is taken to be an environmental authority
(chapter 5A activities) granted under chapter 5A that is:
· of the same level, and
· for the same activities, and
· subject to the same conditions.
References to environmental authorities (petroleum activities)
Clause 470 inserts new section 652, which provides that a reference in an
Act or a document to an environmental authority (petroleum activities) is
taken to be a reference to an environmental authority (chapter 5A activities)
for either greenhouse gas storage activities if the environmental authority is
a converted authority, or, if otherwise, to petroleum activities.
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Migration of undecided applications
Clause 470 inserts new section 653, which provides if, immediately before
assent, an application has been made under former chapter 4A, but not
decided, the application is taken to have been made under chapter 5A for
the corresponding matter under that chapter.
Migration of decisions and documents
Clause 470 inserts new section 654, which provides that for a decision or
document in force immediately before assent given under former chapter
4A about a matter under that chapter, on assent, the decision or document is
taken to have been given under chapter 5A about the corresponding matter
under that chapter, but that the time at which the decision or document was
given does not change.
Migration of outstanding appeals
Clause 470 inserts new section 655, which provides that if, immediately
before assent, an appeal about a matter under former chapter 4A had not
been decided, on assent the appeal is taken to be an appeal about the
corresponding matter under chapter 5A.
Amendment of sch 2 (Original decisions)
Clause 471 provides for amendments consequential to clause 459 and
clause 460.
Amendment of sch 4 (Dictionary)
Clause 472 provides definitions consequential to amendments made by
clause 460 and clause 461.
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Part 8 Amendment of Fire and Rescue
Service Act 1990
Act amended in pt 8
Clause 473 provides that part 8 amends the Fire and Rescue Service Act
1990.
Amendment of s 95 (Application of part)
Clause 474 provides that part 9 (Off-site plans for dangerous goods) of the
Fire and Rescue Service Act 1990 does not apply in respect of persons or
substances in or about a well to which the Greenhouse Gas Storage Act
2008 applies.
Part 9 Amendment of Foreign
Ownership of Land Register Act
1988
Act amended in pt 9
Clause 475 provides that part 9 amends the Foreign Ownership of Land
Register Act 1988.
Amendment of s 4 (Interpretation)
Clause 476 amends the definition of `interest in land' so that the definition
does not include any estate or interest in land (other than a market garden,
business or residence area) granted under the Greenhouse Gas Storage Act
2008.
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Part 10 Amendment of Forestry Act 1959
Act amended in pt 10
Clause 477 provides that part 10 amends the Forestry Act 1959.
Amendment of s 37 (Mining leases over State forest, timber
reserve or forest entitlement area)
Clause 478 provides that the Governor in Council or the chief executive
may, among other things, impose provisions, reservations or conditions on
the grant of a GHG authority under the Greenhouse Gas Storage Act 2008.
Amendment of s 39 (Interfering with forest products
on State forests etc.)
Clause 479 provides that person shall not interfere with, or cause to be
interfered with, any forest products on any State forest, timber reserve
etcetera unless under the authority of, and in compliance with a lease,
licence, permit, agreement or contract granted or made under the Forestry
Act 1959, the Land Act 1994, the Mining Acts or the Greenhouse Gas
Storage Act 2008.
Amendment of s 44 (Construction of other Acts etc.)
Clause 480 provides that provides that the Greenhouse Gas Storage Act
2008 is to be subject to part 6 (Control and disposal of forest products and
quarry material) of the Forestry Act 1959.
Amendment of s 45 (Forest products etc. which are the
property of the Crown)
Clause 481 provides that the Greenhouse Gas Storage Act 2008.
Amendment of s 47 (Sale of forests products on Crown
holdings or mining leases etc.)
Clause 482 provides that the Minister administering the Forestry Act 1959
may give directions to the chief executive for the Forestry Act 1959 with
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Greenhouse Gas Storage Bill 2008
respect to the selling or getting of forest products on or in any lease granted
under the Greenhouse Gas Storage Act 2008.
Amendment of s 53 (Interference with forest products on Crown
holdings and mining leases)
Clause 483 provides that a person must not, among other things, interfere
with destroy a tree, or get other forest products or quarry material, on any
lands, the property of the Crown, that are included in a lease or other
entitlement granted under the Forestry Act 1959 otherwise than in
accordance with a permit, lease, licence, agreement or contract granted or
made under the Land Act 1962, the Greenhouse Gas Storage Act 2008 or
another Act.
Amendment of sch 3 (Dictionary)
Clause 484 defines `GHG storage Act' as the Greenhouse Gas Storage Act
2008.
Part 11 Amendment of Geothermal
Exploration Act 2004
Act amended in pt 11
Clause 485 provides that part 11 amends the Geothermal Exploration Act
2004.
Insertion of new s 7A
Clause 486 inserts new section 7A, which provides for other purposes of
this Act to facilitate the operation of the Greenhouse Gas Storage Act 2008.
7A Relationship with Greenhouse Gas Storage Act 2008
Clause 486 which inserts new section 7A, provides the relationship
between the Geothermal Exploration Act 2004 and the Greenhouse Gas
Storage Act 2008 (GHG storage Act) is contained in Chapter 4, Part 5 of
the Geothermal Exploration Act 2004 and chapter 4, parts 2 to 10 of the
Greenhouse Gas Storage Act 2008.
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Amendment of s 12 (Geothermal energy reservation in land
grants)
Clause 487 provides for an amendment to section 12 of the Geothermal
Exploration Act 2004, to provide that any grant of a right relating to land
under any other Act is taken to contain a reservation to the State of the
exclusive right to enter land and carry out any geothermal energy activity
(i.e. geothermal exploration or any activity related to the extraction or
production of geothermal energy).
Insertion of new s 12A
Clause 488 inserts new section 12A into the Geothermal Exploration Act
2004, which provides that the State's right to enter land and carry out any
geothermal energy activity may be exercised by anyone authorised by the
chief executive. The authorised person may only do so after having first
given at least 5 business days notice of the proposed entry.
This amendment will allow the chief executive to authorise the obtaining of
pre-competitive geoscience data by the Geological Survey of Queensland
and others for the benefit of the State. This data will then be released
publicly, enabling members of the mining industry to better focus their own
exploration work.
Amendment of s 13 (Prohibition on geothermal exploration
without permit)
Clause 489 amends section 13 of the Geothermal Exploration Act 2004, by
clarifying that a person authorised under section 12A to carry out
geothermal energy activities does not commit an offence under section 13,
provided they act within the scope of their authority.
Insertion of new ch 4, pt 5
Clause 490 inserts new chapter 4, part 5.
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Part 5 Provisions for GHG authorities
Division 1 Preliminary
Relationship with other provisions
Clause 490 inserts new section 83A, which provides that any requirements
or restrictions under this new part are additional to what is already required
by the Geothermal Exploration Act 2004.
What is an overlapping GHG authority
Clause 490 inserts new section 83B, which provides that an overlapping
GHG authority is all or part of any GHG authority in the area of a
geothermal permit or proposed permit.
General provision about permits for land subject to GHG
authority
Clause 490 inserts new section 83C, which provides that generally the
Greenhouse Gas Storage Act 2008 or GHG authorities do not limit or affect
granting of permits under the Geothermal Exploration Act 2004 or carrying
out authorised activities for the permit.
Division 2 Restrictions on authorised activities
Permit overlapping with GHG lease
Clause 490 inserts new section 83D, which provides when land in the area
of a permit is also GHG lease land the authorised activities for the permit
may only be carried out if the GHG authority holder has not objected to the
activity or if an objection has been made and the Minister has decided the
activity may be carried out.
Overlaps with other GHG authorities
Clause 490 inserts new section 83E, which provides if land is in the area of
a permit and a GHG authority apart from a GHG lease. Authorised
activities for the permit cannot be carried out on the land if carrying it out
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Greenhouse Gas Storage Bill 2008
adversely affects the GHG authority activities and these activities have
already started.
Resolving disputes about the restrictions
Clause 490 inserts new section 83F which applies if a permit overlaps a
GHG lease and the lease holder has objected to the carrying out of a permit
activity. This clause also applies if there is a dispute between the holders
about whether an authorised activity for the permit can be carried out under
that section. If there is a dispute either party may ask the Minister to
decide. There is opportunity for submissions to be made, about the matter,
to the Minister. The decision made by the Minister is binding on the parties
and conditions may be attached to the decision. This method of resolving
disputes should deter a party from objecting for arbitrary or obstructive
reasons.
Division 3 Additional conditions
Notice by geothermal exploration permit holder to particular
GHG authority holders or applicants
Clause 490 inserts new section 83G, which requires a permit holder, to
notify GHG authority holders or applicants in the area of the grant of the
permit. This is a normal business consideration and has practical
application if, for example, infrastructure could be shared with the costs
also shared.
Condition to notify particular GHG authority holders of proposed start of
any authorised activity
Clause 490 inserts new section 83H, which requires the permit holder to
notify any overlapping GHG authority holders or a GHG authority holder
sharing a common boundary with the permit holders of the following:
· when the designated activity is to start; and
· where the designated activity is to be carried out; and
· the nature of the activity.
Notification must be given again if the GHG authority holder is changing
the land where the activities will be carried out.
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Division 4 Additional provisions for safety
management plans
Requirements for consultation with particular GHG tenure
holders
Clause 490 inserts new section 83I, which provides that for an operating
plant that will be used for geothermal activities the operator must use
reasonable attempts to consult with an overlapping GHG authority holder if
the activities may adversely affect the safe and efficient use of the other
resources. The plans may be amended to incorporate any reasonable
suggestions made by the overlapping GHG authority if these are
commercially and technically feasible. This is a common-sense provision
to maximize safety for all operators and others who may be in the area, like
independent contractors.
Application of P&G Act provisions for resolving disputes about
reasonableness of proposed provision
Clause 490 inserts new section 83J, which provides that for an operating
plant that will be used for geothermal exploration activities, the operator
must use reasonable attempts to consult with an overlapping GHG
authority holder if the activities may adversely affect the safe and efficient
use of the other resources. The plans may be amended to incorporate any
reasonable suggestions made by the overlapping GHG authority if these are
commercially and technically feasible. This is a common-sense provision
to maximize safety for all operators and others who may be in the area, like
independent contractors.
Division 5 Restriction on power to amend permit
if overlapping GHG authority
Interests of overlapping GHG authority holder to be considered
Clause 490 inserts new section 83K, which provides that if there is an
overlapping permit, the permit may be amended under section 72 only if
the interests of the overlapping GHG authority holder have been
considered.
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Insertion of new s 136A
Clause 491 inserts new section 136A into the Geothermal Exploration Act
2004, which protects prescribed persons from civil liability for acts done or
omissions made honestly and without negligence under the Act and
provides that any liability attaches instead to the State.
Amendment of schedule (Dictionary)
Clause 492 provides for GHG-related definitions to be included in the
dictionary.
Part 12 Amendment of Integrated
Planning Act 1997
Act amended in pt 12
Clause 493 provides that part 12 amends the Integrated Planning Act 1997.
Amendment of s 1.3.5 (Definitions for terms used in
development)
Clause 494 expands the definition for `material change of use' so that all
chapter 5A activities under the Environmental Protection Act 1994 are
caught under this definition.
Amendment of s 5.1.7 (Infrastructure charges)
Clause 495 provides that an infrastructure charge must not be levied for a
work or use of land authorised under the Greenhouse Gas Storage Act
2008.
Amendment of s 5.1.17 (Regulated infrastructure charges)
Clause 496 provides that a regulated infrastructure charge must not be
levied for a work or use of land authorised under the Greenhouse Gas
Storage Act 2008.
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Amendment of sch 8 (Assessable development and
self-assessable development)
Clause 497 provides amendments to Schedule 8 of the Integrated Planning
Act 1997 to include `a GHG storage activity' in certain items within the
tables of this schedule.
Amendment of sch 9 (Development that is exempt from
assessment against a planning scheme)
Clause 498 provides that `GHG storage activities, Any aspect of
development for a GHG storage activity carried out under a GHG authority
under the Greenhouse Gas Storage Act 2008 is inserted in schedule 9 in
table 5 (All aspects of development).
Amendment of sch 10 (Dictionary)
Clause 499 provides definitions for `GHG storage activity' and also
amends the definition of `material change of use' and `specified activity'.
Part 13 Amendment of Land Act 1994
Act amended in pt 13
Clause 500 provides that part 13 amends the Land Act 1994.
Amendment of s 20 (Dealing with mining interests)
Clause 501 provides a `mining interest' is to include a GHG authority and
also extends the provisions of section 20 of the Land Act 1994 to include
the Greenhouse Gas Storage Act 2008
Amendment of s 43 (Only Parliament may delete land from or
cancel an existing deed of grant in trust)
Clause 502 provides that `relevant purpose', for this section, is extended so
that it means any purpose for which land may be taken under the
Acquisition of Land Act 1967 by a constructing authority, other than a
purpose under the Greenhouse Gas Storage Act 2008.
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Part 14 Amendment of Land Protection
(Pest and Stock Route
Management) Act 2002
Act amended in pt 14
Clause 503 provides that part 14 amends the Land Protection (Pest and
Stock Route Management) Act 2002.
Amendment of sch 3 (Dictionary)
Clause 504 amends the definition of `owner, of land' to include `for land
subject to a GHG injection and storage lease under the Greenhouse Gas
Storage Act 2008--the holder of the lease'.
Part 15 Amendment of Land Title Act
1994
Act amended in pt 15
Clause 505 provides that part 15 amends the Land Title Act 1994.
Amendment of s 185 (Exceptions to s 184)
Clause 506 provides that the exception to section 184 of the Land Title Act
1994 is extended to include the interest of a GHG authority holder under
the Greenhouse Gas Storage Act 2008 under an access agreement under
that Act that was made before the registered proprietor became the
registered proprietor of the lot and under that Act, binds the registered
proprietor.
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Part 16 Amendment of Local
Government Act 1993
Act amended in pt 16
Clause 507 provides that part 16 amends the Local Government Act 1993.
Amendment of s 4 (Meaning of owner of land)
Clause 508 amends the definition of `owner of land' to include a lessee
under the Greenhouse Gas Storage Act 2008.
Part 17 Amendment of Mineral
Resources Act 1989
Act amended in pt 17
Clause 509 provides that part 17 amends the Mineral Resources Act 1989.
Insertion of new s 3B
Clause 510 inserts new section 3B, which provides the relationship
between the Mineral Resources Act 1989 and the Greenhouse Gas Storage
Act 2008 (GHG storage Act) is contained in part 7AAC of this Act and
chapter 4 of the GHG storage Act.
Insertion of new pt 7AAC
Clause 511 inserts new part 7AAC.
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Greenhouse Gas Storage Bill 2008
Part 7AAC Provisions for GHG authorities
Division 1 Preliminary
Relationship with pts 3 to 7AAB
Clause 511 inserts a new section 318ELAM, which provides how the
relationship between the new part 7AAC will function with the existing
parts 3 through to 7AAB. Restrictions and requirements remain but if a
provision in this part conflicts with a provision of any of parts 3 to 7 this
part prevails to the extent of the inconsistency.
What is an overlapping GHG authority
Clause 511 inserts new section 318ELAN, which provides that an
overlapping GHG authority is all or part of any GHG authority in the area
of a mining tenement or proposed mining tenement.
What is the GHG public interest
Clause 511 inserts new section 318ELAO, which provides a definition of
public interest for the purposes of GHG storage provisions. The public
interest is a matter that must be considered in the making of a number of
decisions and the definition is broad enough to include the benefits to the
State and also overarching government policy such as the Queensland
Climate Smart 2050 initiative.
General provision about mining tenements for land subject to
GHG authority
Clause 511 inserts new section 318ELAP, which provides that generally the
Greenhouse Gas Storage Act 2008 or GHG authorities do not limit or affect
granting of mining tenements under the Mineral Resources Act 1989 or
carrying out authorised activities for a mining tenement.
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Division 2 Obtaining mining lease if overlapping
GHG tenure
Subdivision 1 Preliminary
Application of div 2
Clause 511 inserts new section 318ELAQ, which provides this division will
apply in situations for a person making a mining lease application where
there is already a GHG tenure in place that would constitute an overlapping
GHG tenure should the mining lease be granted.
Subdivision 2 Requirements for application
Requirements for making application
Clause 511 inserts new section 318ELAR, which makes provisions for
additional requirements, over and above the regular application
requirements, for the proposed mining lease application. These additional
requirements include a "GHG statement", and other information that
addresses the "GHG assessment criteria". The clause defines what the
"GHG assessment criteria" are. The Minister may need to make a resource
management decision later on and will consider this criteria when making
the decision. The potential for the parties to make a coordination
arrangement and the public interest as defined will be considered.
Content requirements for GHG statement
Clause 511 inserts new section 318ELAS, which provides the content
requirement of the GHG statement, a part of the application requirements.
The statement should show the applicant has turned their mind to how the
proposed mining activities may impact on future GHG activities and
whether or not it is technically and commercially feasible to carry out
coordinated activities.
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Subdivision 3 Consultation provisions
Applicant's information obligation
Clause 511 inserts new section 318ELAT, which provides the mining lease
applicant to provide a copy of the mining lease application to the GHG
tenure holder within 10 business days of making the application. The
overlapping situations are potentially very sensitive for a range of reasons
and chief among these will be safety. The holder of the GHG tenure needs
to be able to see the type and nature of activities proposed by the mining
lease applicant and where and when the activities will be carried out. If this
requirement is not complied with properly the Minister may refuse the
mining lease application.
Submissions by GHG tenure holder
Clause 511 inserts new section 318ELAU, which provides the GHG tenure
holder may make submissions about the proposed mining lease within 4
months after receiving the copy of the application. Four months is
considered ample time to consider the application and the potential
ramifications of it on the GHG tenure. The submissions may include that
the holder does not object to the granting of the lease, or the holder does
not wish priority and may include information or a proposal. The
information submitted is not limited to those suggested in this provision.
The GHG tenure holder must give a copy of any relevant submissions to
the mining lease applicant.
Subdivision 4 Resource management decision if
overlapping GHG permit
Application of sdiv 4
Clause 511 inserts new section 318ELAV, which provides that this
subdivision will apply if the GHG tenure referred to above is a GHG
exploration permit and:
· the holder of this permit has made submissions in time, and
· has given a copy to the applicant, and
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Greenhouse Gas Storage Bill 2008
· has stated the permit holder wishes to be granted priority in the
overlapping area.
If priority has already been given for any of the relevant land under the
Greenhouse Gas Storage Act 2008, this subdivision does not apply. If the
mining lease applicant has complied with the requirements on consultation
and the GHG permit holder has remained silent about the mining lease
application, there is an assumption that there is no objection to the granting
of the overlapping mining lease or the GHG permit holder does not want
priority.
Operation of sdiv 4
Clause 511 inserts new section 318ELAW, which provides for the Minister
to make a resource management decision about whether to recommend
grant of the mining lease or give any priority, or not recommending grant or
not giving priority.
Criteria for decision
Clause 511 inserts new section 318ELAX, which provides for a number of
provisions the Minister must consider in making the decision. Both parties
have information already provided to assist in the decision-making process
and the Minister has to consider the public interest as well in making this
decision. In may not be in the public interest for either party to proceed in
this area of the State at this time.
Restrictions on giving overlapping authority priority
Clause 511 inserts new section 318ELAY, which provides restrictions on
giving priority to the GHG permit holder. The focus is on the ability for the
parties to make a coordination arrangement together with the public
interest best being served by not granting a mining lease.
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Subdivision 5 Process if resource management
decision is to give any overlapping
authority priority
Application of sdiv 5
Clause 511 inserts new section 318ELAZ, detailing when this subdivision
applies, which is if the decision was to give priority to the GHG permit
holder.
Notice to applicant and GHG permit holder
Clause 511 inserts new section 318ELBA, which provides for the applicant
and GHG permit holder to be given notice of the resource management
decision, and that the GHG permit holder be given six months from the
time of the notice to apply for a GHG lease over that decided area (be it
whole or part) within the mining lease application area.
GHG lease application for all of the land
Clause 511 inserts new section 318ELBB, which provides for when the
GHG lease applicant, who has been given priority, lodges a GHG lease
application for the whole of that land, then the mining lease application
cannot be advanced. Also, if a decision is made to grant the GHG lease, the
mining lease application lapses.
GHG lease application for part of the land
Clause 511 inserts new section 318ELBC, which provides that when the
GHG lease applicant, who has been given priority, lodges a GHG lease
application for part of that land, the mining lease applicant may amend
their application to include whole or part of the remaining land. If the
mining lease applicant decides not to amend their application to include
whole or part of the remaining land, then their application cannot be
advanced until the GHG lease application is decided. When a decision is
made to grant the GHG lease over only part of the land, the mining lease
holder may still amend their application to include just the remaining area.
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No GHG lease application
Clause 511 inserts new section 318ELBD, which provides that if the GHG
lease application, that has priority does not lodge a GHG lease application
for whole or part of that land, then the mining lease application can be
decided.
Subdivision 6 Resource management decision not
to recommend grant and not to give
priority
Lapsing of application
Clause 511 inserts new section 318ELBE, which provides that a GHG lease
application is taken to have lapsed if a resource management decision was
required and the decision was neither to recommend the granting of the
mining lease nor to give priority to the GHG lease applicant. This clause is
to remove doubt in that situation.
Subdivision 7 Deciding application
Application of sdiv 7
Clause 511 inserts new section 318ELBF, which sets out the circumstances
when this subdivision applies. If the GHG tenure holder has not made a
submission within the relevant period or does not wish to have any priority
and a resource management decision gave priority to the overlapping
authority holder or was not to give priority to the overlapping authority
holder and the Minister decides to recommend the grant the mining lease.
Application may be refused if no reasonable prospects of GHG
coordination arrangement
Clause 511 inserts new section 318ELBG, which provides that applications
do not remain unresolved for excessive periods. If there are no reasonable
prospects for a coordination arrangement to be made, the Minister may
refuse the application without making any recommendation to the
Governor in Council.
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Additional criteria for deciding provisions of mining lease
Clause 511 inserts new section 318ELBH, which provides that regard must
be had to the GHG assessment criteria, the GHG statement, any holder
submissions and the potential affect of the mining lease on the GHG
activities when recommendations about the lease are made.
Publication of outcome of application
Clause 511 inserts new section 318ELBI, which ensures that a notice of the
resource management decision and the reasons for that decision are
published, aside from any commercial in confidence information. The
intention is to provide greater transparency of decision making.
Division 3 Priority to particular GHG lease
applications
Earlier GHG lease application
Clause 511 inserts new section 318ELBJ, which provides that where a
GHG lease application has been made prior to the application for the
mining lease (in what would be an overlapping situation) the mining lease
application cannot be decided before the GHG lease application has been
decided.
Proposed GHG lease for which EIS approval given
Clause 511 inserts new section 318ELBK, which provides for priority to be
given to those proponents who have been granted approval for the
preparation of a voluntary Environmental Impact Statement under the
Environmental Protection Act 1994 for a project that is, or includes, a
proposed GHG lease. This is because the Environmental Impact Statement
process is potentially publicly available from that point and so the trigger
point for priority has been advanced ahead of the point of application for
the lease.
Proposed GHG lease declared a significant project
Clause 511 inserts new section 318ELBL, which provides for priority to be
given to those proponents of a project that is declared a "significant
project" under the State Development and Public Works Organisation Act
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Greenhouse Gas Storage Bill 2008
1971 where the project is, or includes, a proposed GHG lease. This is
because an Environmental Impact Statement is required for a "significant
project" and the Environmental Impact Statement process is potentially
publicly available from that point, and so the trigger point for priority has
been advanced ahead of the point of application for the lease.
Division 4 Mining lease applications in response
to invitation under GHG storage Act
Application of div 4
Clause 511 inserts new section 318ELBM, which provides for the
application of this part whereby a mining lease application is made in
response to an invitation given because of a resource management decision
under the Greenhouse Gas Storage Act 2008.
Minister may refuse application
Clause 511 inserts new section 318ELBN, which ensures that the Minister
can refuse the application for a mining lease if it is considered that an
application that was invited as a result of a resource management decision
is not being progressed in a timely manner. This is necessary to ensure the
integrity of the original resource management decision.
Division 5 Additional provisions for particular
mining tenements
Subdivision 1 Restrictions on authorised activities
for particular mining tenements
Prospecting permit overlapping with GHG lease
Clause 511 inserts new section 318ELBO, which provides when land in the
area of a prospecting permit is also GHG lease land the authorised
activities for the prospecting permit may only be carried out if the GHG
lease holder has not objected or if an objection has been made and the
Minister has decided the activity may be carried out.
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Other overlapping authorities
Clause 511 inserts new section 318ELBP, applies if land is in the area of a
mining tenement and a GHG authority, other than a prospecting permit
over a GHG lease. Authorised activities for the mining tenement cannot be
carried out on the land if carrying it out adversely affects the GHG
authority activities and these activities have already started.
Resolving disputes
Clause 511 inserts new section 318ELBQ which applies if a prospecting
permit overlaps a GHG lease and the lease holder has objected to the
carrying out of a prospecting permit activity by the prospecting permit
holder. This clause also applies if there is a dispute between the holders
about whether an authorised activity for the mining tenement can be carried
out under that section. If there is a dispute either party may ask the Minister
to decide. There is opportunity for submissions to be made, about the
matter, to the Minister. The decision made by the Minister is binding on the
parties and conditions may be attached to the decision. This method of
resolving disputes should deter a party from objecting for arbitrary or
obstructive reasons.
Subdivision 2 Provisions about conditions
Notice by mining tenement holder to particular GHG authority
holders or applicants
Clause 511 inserts new section 318ELBR, requires a mining tenement
holder, apart from the holder of a mining lease, to notify GHG authority
holders or applicants in the area of the grant of the mining tenement. This is
a normal business consideration and has practical application if, for
example, infrastructure could be shared with the costs also shared.
Restriction on recommendation to amend conditions of
particular mining leases
Clause 511 inserts new section 318ELBS provides that if there is an
overlapping GHG authority for a mining lease, the mining lease condition
may be amended under section 294 only if the interests of the overlapping
GHG authority holder have been considered.
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Condition to notify particular GHG authority holders of
proposed start of particular authorised activities
Clause 511 inserts new section 318ELBT, which requires the mining
tenement holder to notify any overlapping GHG authority holders or a
GHG authority holder sharing a common boundary with the mining
tenement holders of the following:
· when the designated activity is to start; and
· where the designated activity is to be carried out; and
· the nature of the activity.
Notification must be given again if the GHG authority holder is changing
the land where the activities will be carried out.
Requirement to continue GHG coordination arrangement after
renewal of or dealing with mining lease
Clause 511 inserts new section 318ELBU provides that if a mining lease,
the subject of a coordination arrangement is for renewal, assignment,
consolidation or subletting, the mining lease holder must continue with the
coordination arrangement while there is the overlapping situation with the
GHG lease.
Amendment of s 403 (Offences regarding land subject to
mining claim or mining lease)
Clause 512 provides an addition to section 403 so that this now includes the
Greenhouse Gas Storage Act 2008.
Insertion of new s 764A
Clause 513 inserts new section 764A into part 19, division 7 of the Mineral
Resources Act 1989. New section 764A makes it clear that, to the extent
they're relevant, the public interest provisions [i.e. sections 147A(1)(d),
197A(1)(e) and 286A(1)(g)] apply to applications for the renewal of
exploration permits, mineral development licences and mining leases that
were received, but not decided, before those public interest provisions
commenced.
Any future decision to reject the renewal of an exploration permit, mineral
development licence or mining lease in the public interest is likely to be
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highly contentious and liable to challenge under the Judicial Review Act
1991. While the Government believes it is highly unlikely a Court would
find that these amended decision-making powers did not apply to
applications received prior to the amendments to the powers commencing,
this cannot be guaranteed. The amendment is therefore being made to
ensure certainty.
The powers in sections 147A(1)(d), 197A(1)(e) and 286A(1)(g) to consider
the public interest were inserted by the Mineral Resources and Other
Legislation Amendment Act 2005. This current amendment is not intended
to limit the interpretation of the application of other amendments to the
Mineral Resources Act 1989 made by the Mineral Resources and Other
Legislation Amendment Act 2005.
Amendment of pt 19, div 10 hdg (Transitional provision for
Clean Energy Act 2008)
Clause 514 amends the heading of part 19, division 10 of the Mineral
Resources Act 1989. This is a consequential amendment required because
of the amendment being made in clause 515.
Insertion of new s 767A
Clause 515 inserts a new section 767A into part 19, division 10 of the
Mineral Resources Act 1989. New section 767A makes it clear that section
208(3A) applies to an application lodged under that section but not decided
before section 208(3A) commenced.
Any future decision to reject the addition of mineral (f) to a mineral
development licence in the public interest is likely to be highly contentious
and liable to challenge under the Judicial Review Act 1991. While the
Government believes it is highly unlikely a Court would find that this
amended decision-making power did not apply to an application received
prior to the amendment to the power commencing, this cannot be
guaranteed. The amendment is therefore being made to ensure certainty.
The power in section 208(3A) to consider the public interest was inserted
by the Clean Energy Act 2008. This current amendment is not intended to
limit the interpretation of the application of other amendments to the
Mineral Resources Act 1989 made by the Clean Energy Act 2008.
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Insertion of new pt 19, div 11, sdiv 3
Clause 516 inserts a new subdivision 3 into part 19, division 11 of the
Mineral Resources Act 1989. New subdivision 3 contains new section 772,
which makes it clear that, to the extent they're relevant, the amendments to
the Mineral Resources Act 1989 made by the Mines and Energy Legislation
Amendment Act 2008 apply to any applications received, but not decided,
before those amendments commenced.
This amendment is particularly important in relation to the powers recently
given to the Minister to reject various applications in the public interest and
to impose conditions on various applications for mining tenure in the
public interest. Any future decisions made under those powers are likely to
be highly contentious and liable to challenge under the Judicial Review Act
1991. While the Government believes it is highly unlikely a Court would
find that an amended decision-making power did not apply to an
application received prior to the amendment to the power commencing, this
cannot be guaranteed. The amendment is therefore being made to ensure
certainty.
This clause also inserts new section 773 into the Mineral Resources Act
1989 to correct references in sections 27(1), 54(1) and 68(1) for Mineral
Resources Act 1989 amendments under the Mines and Energy Legislation
Amendment Act 2008.
Amendment of schedule (Dictionary)
Clause 517 provides for GHG- related definitions to be included in the
dictionary.
Part 18 Amendment of Nature
Conservation Act 1992
Act amended in pt 18
Clause 518 provides that part 18 amends the Nature Conservation Act
1992.
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Amendment of s 27 (Prohibition on mining)
Clause 519 extends the prohibition on mining in the detailed national parks
and national parks to include the prohibition of GHG storage activities in
these areas.
Amendment of s 45 (Conservation agreements)
Clause 520 provides that conservation agreements cannot be entered into
without the written consent of a GHG authority holder, if the agreement
will affect materially the rights of the GHG authority holder.
Replacement of s 70QA (Prohibition on mining in forest
reserves)
Clause 521 extends the prohibition on mining in forest reserves to include
the prohibition of GHG storage activities in these areas.
Amendment of schedule (Dictionary)
Clause 522 provides definitions for `GHG authority' and also amends the
definition of `interest' and `State land'.
Part 19 Amendment of Petroleum Act
1923
Act amended in pt 19
Clause 523 provides that part 19 amends the Petroleum Act 1923.
Amendment of s 2 (Definitions)
Clause 524 provides GHG related definitions to be included in the
Petroleum Act 1923.
Insertion of new s 4A
Clause 525 inserts new section 4A, which provides for other purposes of
this Act to facilitate the operation of the Greenhouse Gas Storage Act 2008.
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Amendment of s 18 (Authority to prospect)
Clause 526 provides for a clarification for ATP holders. This is to put
beyond doubt that GHG stream storage may only be done under the
Greenhouse Gas Storage Act 2008.
Amendment of s 40 (Lease to holder of authority to prospect)
Clause 527 provides expands the section to include GHG storage activity.
Amendment of s 44 (Form etc. of lease)
Clause 528 provides GHG stream storage as an activity cannot be
undertaken in this case. This is to ensure that GHG stream storage may
only be done under the Greenhouse Gas Storage Act 2008.
Amendment of s 74Z (Obligation to comply with Act and
prescribed standards)
Clause 529 expands the definition of standard to include international
standards, codes or protocols. There are no Australian Standards for things
like GHG stream pipelines but the United States of America has a pipeline
standard for transporting carbon dioxide which may be suitable in the
interim for Queensland.
Amendment of s 75U (Obligation to decommission)
Clause 530 provides that where the responsibility for a petroleum well is to
be assumed by the incoming GHG tenure holder the obligation to
decommission does not apply.
Insertion of new pt 6FA
Clause 531 inserts new part 6FA.
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Part 6FA Provisions for GHG authorities
Division 1 Preliminary
Relationship with other provisions
Clause 531 inserts new section 78CA, which provides how the relationship
between the new part will function with the existing provisions of the
Petroleum Act 1923. Restrictions and requirements remain.
What is an overlapping GHG authority
Clause 531 inserts new section 78CB, which provides that an overlapping
GHG authority is all or part of any GHG authority in the area of a
petroleum tenure under the Petroleum Act 1923.
General provision about 1923 Act petroleum tenures for land
subject to GHG authority
Clause 531 inserts new section 78CC, which provides that generally the
Greenhouse Gas Storage Act 2008 or GHG authorities do not limit or affect
carrying out authorised activities for petroleum authorities under the
Petroleum Act 1923.
Division 2 Restrictions on authorised activities
for authorities to prospect
Overlapping GHG lease
Clause 531 inserts new section 78CD, which provides when land in the
area of a an authority to prospect is also GHG lease land, the authorised
activities for the authority to prospect may only be carried out if the GHG
lease holder has not objected to the activity, or if an objection has been
made and the Minister has decided the activity may be carried out.
Overlapping other GHG authorities
Clause 531 inserts new section 78CE, which provides which applies if
land is in the area of an authority to prospect and a GHG authority other
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than a GHG lease. Authorised activities for the authority to prospect cannot
be carried out on the land if carrying it out adversely affects the GHG
authority activities and these activities have already started.
Resolving disputes about the restrictions
Clause 531 inserts new section 78CF, which provides if an authority to
prospect overlaps a GHG lease and the lease holder has objected to the
carrying out of an authority to prospect activity. This clause also applies if
there is a dispute between the holders about whether an authorised activity
for the authority to prospect can be carried out under that section. If there is
a dispute either party may ask the Minister to decide. There is opportunity
for submissions to be made, about the matter, to the Minister. The decision
made by the Minister is binding on the parties and conditions may be
attached to the decision. This method of resolving disputes should deter a
party from objecting for arbitrary or obstructive reasons.
Division 3 Leases with overlapping GHG
authority
Subdivision 1 Continuance of coordination
arrangements after renewal or dealing
Requirement to continue GHG coordination arrangement
Clause 531 inserts new section 78CG, which provides that if a petroleum
lease, the subject of a coordination arrangement is for renewal, transfer,
subletting or a share in the lease, the petroleum lease holder must continue
with the coordination arrangement while there is the overlapping situation
with the GHG lease.
Subdivision 2 Later development plans
Operation of sdiv 2
Clause 531 inserts new section 78CH, which provides for the operation of
this part, that is the additional requirements for an overlapping tenure
situation.
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Statement about interests of GHG tenure holder
Clause 531 inserts new section 78CI, which provides that a statement must
be included in the development plan showing that the petroleum lease
holder has considered the interests of any overlapping GHG tenure holder.
The safety provisions, consultation, changes proposed and the GHG public
interest are to be used in compiling this statement. The GHG public
interest, defined in this clause, must be considered also.
Consistency with GHG tenure's development plan and with any
relevant coordination arrangement
Clause 531 inserts new section 78CJ, which provides that the proposed
development plan must be consistent with any relevant coordination
arrangement. The coordination arrangement must make sense and be
achievable, thus the requirement for consistency.
Division 4 Provisions for all 1923 Act petroleum
tenures
Subdivision 1 Safety management plans
Requirements for consultation with particular GHG tenure holders
Clause 531 inserts new section 78CK, which provides that for an operating
plant that will be used for petroleum activities the operator must use
reasonable attempts to consult with an overlapping GHG authority holder if
the activities may adversely affect the safe and efficient use of the other
resources. The plans may be amended to incorporate any reasonable
suggestions made by the overlapping GHG authority if these are
commercially and technically feasible. This is a common-sense provision
to maximize safety for all operators and others who may be in the area, like
independent contractors.
Application of 2004 Act provisions for resolving disputes about
reasonableness of proposed provision
Clause 531 inserts new section 78CL, which provides that when a dispute
arises about the reasonableness of proposed provisions of the GHG tenure
holder to the safety management plan, this dispute must be dealt with under
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the relevant provisions of the Petroleum and Gas (Production and Safety)
Act 2004.
Subdivision 2 Other provisions
Condition to notify particular GHG authority holders of proposed
start of particular authorised activities
Clause 531 inserts new section 78CM, which requires a petroleum tenure
holder under the Petroleum Act 1923 to notify any overlapping GHG
authority holders or a GHG authority holder sharing a common boundary
with the petroleum tenure holders of the following:
· when the designated activity is to start; and
· where the designated activity is to be carried out; and
· the nature of the activity.
Notification must be given again if the GHG authority holder is changing
the land where the activities will be carried out.
Restriction on power to amend
Clause 531 inserts new section 78CN, which provides that if there is an
overlapping authority for a petroleum lease, the petroleum lease may be
amended under section 125 of the Petroleum Act 1923 only if the interests
of the overlapping authority holder have been considered.
Amendment of s 79M (Application of pt 6J)
Clause 532 provides for the inclusion of GHG authority in this section.
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Part 20 Amendment of Petroleum and
Gas (Production and Safety) Act
2004
Act amended in pt 20
Clause 533 provides that part 20 amends the Petroleum and Gas
(Production and Safety) Act 2004.
Amendment of s 3 (Purpose of Act)
Clause 534 provides for a new heading for section 3 from `Purpose' to
`main purpose'.
Insertion of new s 3A
Clause 535 inserts new section 3A, which provides for other purposes of
this Act to facilitate the operation of the Greenhouse Gas Storage Act 2008
by allowing survey licences and pipeline licences and extending the safety
provisions to include safety for GHG storage activities. Some provisions
about investigations and enforcement have also been extended.
Insertion of new section 6B
Clause 536 inserts new section 6B, which provides the relationship
between the Petroleum and Gas (Production and Safety) Act 2004 and the
Greenhouse Gas Storage Act 2008 is contained in chapter 3A of the
Petroleum and Gas (Production and Safety) Act 2004 and chapter 4 of the
Greenhouse Gas Storage Act 2008.
Amendment of s 16 (What is a pipeline)
Clause 537 provides for a pipelines to transport GHG streams.
Amendment of s 22 (What is an authorised activity)
Clause 538 provides for what an authorised activity is for GHG authorities.
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Amendment of ch 2 hdg (Petroleum tenures and related
matters)
Clause 539 amends the heading to reflect the changes.
Amendment of s 31 (Operation of div 1)
Clause 540 provides for renumbering to reflect changes.
Amendment of s 32 (Exploration and testing
Clause 541 provides for an inclusion of GHG stream storage as an activity
that cannot be undertaken in this case. This is to put beyond doubt that
GHG stream storage may only be done under the Greenhouse Gas Storage
Act 2008.
Amendment of s 64 (Operation of div 4)
Clause 542 provides for an insertion in the note to include overlapping
GHG tenures.
Amendment of s 73 (Permitted period for production or storage
testing)
Clause 543 provides for a clarification for authority to prospect holders.
This is to put beyond doubt that GHG stream storage may only be done
under the Greenhouse Gas Storage Act 2008.
Amendment of s 108 (Operation of sdiv 1)
Clause 544 provides for renumbering to reflect the amendments.
Amendment of s 109 (Exploration, production and storage
activities)
Clause 545 provides for an inclusion of GHG stream storage as an activity
that cannot be undertaken in this case. This is to put beyond doubt that
GHG stream storage may only be done under the Greenhouse Gas Storage
Act 2008.
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Amendment of s 110 (Petroleum pipeline and water pipeline
construction and operation)
Clause 546 provides for a definition of petroleum pipeline and excludes
GHG stream transportation.
Amendment of s 150 (Operation of div 5)
Clause 547 provides for an insertion in the note to include overlapping
GHG tenures.
Amendment of s 152 (Permitted period for production or
storage testing)
Clause 548 provides for an inclusion of GHG stream storage as an activity
that cannot be undertaken in this case. This is to put beyond doubt that
GHG stream storage may only be done under the Greenhouse Gas Storage
Act 2008.
Amendment of s 180 (Key authorised activities)
Clause 549 provides for renumbering and slight amendment.
Amendment of s 193 (Operation of div 2)
Clause 550 provides for renumbering and slight amendment.
Amendment of s 292 (Obligation to decommission)
Clause 551 provides that where the responsibility for a petroleum well is to
be assumed by the incoming GHG tenure holder the obligation to
decommission does not apply.
Amendment of s 293 (Right of entry to facilitate
decommissioning)
Clause 552 provides a minor drafting correction.
Amendment of s 340 (Right to grant if particular requirements
met)
Clause 553 provides for a renumber.
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Insertion of new ch 3A
Clause 554 inserts new chapter 3A.
Chapter 3A Provisions for GHG
authorities
Part 1 Preliminary
Relationship with chs 2 and 3
Clause 554 inserts section 392AA, which provides how the relationship
between the new chapter 3A, will function with the existing chapter 2 or 3.
Restrictions and requirements remain but if a provision in this chapter
conflicts with a provision of chapters 2 or 3 this chapter will prevail to the
extent of the inconsistency.
What is an overlapping GHG authority
Clause 554 inserts section 392AB, which provides that an overlapping
GHG authority is all or part of any GHG authority in the area of a
petroleum authority or proposed petroleum authority.
What is the GHG public interest
Clause 554 inserts section 392AC, which provides a definition of public
interest for the purposes of GHG storage provisions. The public interest is a
matter that must be considered in the making of a number of decisions and
the definition is broad enough to include the benefits to the State and also
overarching government policy such as the Queensland Climate Smart
2050 strategy.
General provision about petroleum authorities for land subject
to GHG authority
Clause 554 inserts section 392AD, which provides that generally the
Greenhouse Gas Storage Act 2008 or GHG authorities do not limit or affect
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granting of petroleum authorities under the Petroleum and Gas (Production
and Safety) Act 2004 or carrying out authorised activities for petroleum
authorities.
Part 2 Obtaining petroleum lease if
overlapping GHG tenure
Division 1 Preliminary
Application of pt 2
Clause 554 inserts section 392AE, which provides this division will apply
in situations for a person making a petroleum lease application where there
is already a GHG tenure in place that would constitute an overlapping
GHG tenure should the petroleum lease be granted.
Division 2 Requirements for application
Requirements for making application
Clause 554 inserts section 392AF, which provides for additional
requirements, over and above the regular application requirements, for the
proposed petroleum lease application. These additional requirements
include a `GHG statement', and other information that addresses the `GHG
assessment criteria'. The clause defines the `GHG assessment criteria'. The
Minister may need to make a resource management decision later on and
will consider this criteria when making the decision. The potential for the
parties to make a coordination arrangement and the public interest as
defined will be considered.
Content requirement for GHG statement
Clause 554 inserts section 392AG, which provides the content requirement
of the GHG statement, a part of the application requirements. The
statement should show the applicant has turned their mind to how the
proposed petroleum lease activities may impact on future GHG activities
and whether or not it is technically and commercially feasible to carry out
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coordinated activities. The statement must include a proposed safety
management plan for all operating plant where the petroleum lease
activities may affect safe and efficient carrying out of the GHG storage
activities.
Division 3 Consultation provisions
Applicant's information obligation
Clause 554 inserts section 392AH, which provides the petroleum lease
applicant to provide a copy of the petroleum lease application to the GHG
tenure holder within 10 days of making the application. The overlapping
situations are potentially very sensitive for a range of reasons and chief
among these will be safety. The holder of the GHG tenure needs to be able
to see the type and nature of activities proposed by the petroleum lease
applicant and where and when the activities will be carried out. If this
requirement is not complied with properly the Minister may refuse the
petroleum lease application.
Submissions by GHG tenure holder
Clause 554 inserts section 392AI, which provides the GHG tenure holder
may make submissions about the proposed petroleum lease within 4
months after receiving the copy of the application. Four months is
considered ample time to consider the application and the potential
ramifications of it on the GHG tenure. The submissions may include that
the holder does not object to the granting of the lease, or the holder does
not wish priority and may include information or a proposal. The
information submitted is not limited to those suggested in this provision.
The holder must give a copy of any relevant submissions to the petroleum
lease applicant.
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Division 4 Resource management decision if
overlapping GHG permit
Application of div 4
Clause 554 inserts section 392AJ, which provides that this division will
apply if the GHG tenure referred to above is a GHG exploration permit
and:
· the holder of this permit has made submissions in time, and
· has given a copy to the applicant, and
· has stated the permit holder wishes to be granted priority in the
overlapping area.
If priority has already been given for any of the relevant land under the
Greenhouse Gas Storage Act 2008, this division does not apply. If the
petroleum lease applicant has complied with the requirements on
consultation and the GHG permit holder has remained silent on the
petroleum lease application, there is an assumption that there is no
objection to the granting of the overlapping petroleum lease or the GHG
permit holder does not want priority
Resource management decision
Clause 554 inserts section 392AK, which provides that the Minister must
make a resource management decision about whether to grant the
petroleum lease, give priority to the overlapping authority holder, or to do
neither.
Criteria for decision
Clause 554 inserts section 392AL, which provides for a number of
provisions the Minister must consider in making the decision. Both parties
have provided information already to assist and the Minister has to
consider the public interest as well in making this decision. In may not be
in the public interest for either party to proceed in this area of the State at
this time.
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Restrictions on giving overlapping authority priority
Clause 554 inserts section 392AM, which provides restrictions on giving
priority to the GHG permit holder. The focus is on the ability for the parties
to make a coordination arrangement together with the public interest would
be best served by not granting a petroleum lease.
Division 5 Process if resource management
decision is to give overlapping
authority priority
Application of div 5
Clause 554 inserts section 392AN, detailing when this division applies,
which is if the decision was to give priority to the GHG permit holder
Notice to applicant and GHG permit holder
Clause 554 inserts section 392AO, which provides for the applicant and
GHG permit holder to be given notice of the resource management
decision, and that the GHG permit holder be given six months from the
time of the notice to apply for a GHG lease over that decided area (be it
whole or part) within the petroleum lease application area.
GHG lease application for all of the land
Clause 554 inserts section 392AP, which provides for when the GHG lease
applicant, who has been given priority, lodges a GHG lease application for
the whole of that land, then the petroleum lease application cannot be
progressed. Also, if a decision is made to grant the GHG lease, the
petroleum lease application lapses.
GHG lease application for part of the land
Clause 554 inserts section 392AQ, which provides that when the GHG
lease applicant, who has been given priority, lodges a GHG lease
application for part of that land the petroleum lease applicant may amend
their application to include whole or part of the remaining land. If the
petroleum lease applicant decides not to amend their application to include
whole or part of the remaining land, then their application cannot be
advanced until the GHG lease application is decided. When a decision is
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made to grant the GHG lease over only part of the land, the petroleum lease
holder may still amend their application to include just the remaining area.
No relevant lease application
Clause 554 inserts section 392AR, which provides that if the GHG lease
application, that has priority, does not lodge a GHG lease application for
whole or part of that land, then the petroleum lease application can be
decided.
Division 6 Resource management decision not
to grant and not to give priority
Lapsing of application
Clause 554 inserts section 392AS, which provides that a GHG lease
application is taken to have lapsed if a resource management decision was
required and the decision was neither to recommend the granting of the
petroleum lease nor to give priority to the GHG lease applicant. This clause
is to remove doubt in that situation.
Division 7 Deciding application
Application of div 7
Clause 554 inserts section 392AT, which sets out the circumstances when
this division applies. If the GHG tenure holder has not made a submission
within the relevant period or does not wish to have any priority and a
resource management decision gave priority to the overlapping authority
holder or was not to give priority to the overlapping authority holder and
the Minister then decides to recommend the grant of the petroleum lease.
Application may be refused if no reasonable prospects of GHG
coordination arrangement
Clause 554 inserts section 392AU, which provides that applications do not
remain unresolved for excessive periods. If there are no reasonable
prospects for a coordination arrangement to be made, the Minister may
refuse the petroleum lease application.
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Additional criteria for deciding provisions of petroleum lease
Clause 554 inserts section 392AV, which provides that regard must be had
to the GHG assessment criteria, the GHG statement, any holder
submissions and the potential affect of the petroleum lease on the GHG
activities when recommendations about the lease are made.
Publication of outcome of application
Clause 554 inserts section 392AW, which ensures that a notice of the
resource management decision and the reasons for that decision are
published, aside from any commercial-in-confidence information. The
intention is to provide greater transparency of decision making.
Part 3 Priority to particular GHG lease
applications
Earlier GHG lease application
Clause 554 inserts section 392AX, which provides that where a GHG lease
application has been made prior to the application for the petroleum lease
(in what would be an overlapping situation) the petroleum lease application
cannot be decided before the GHG lease application has been decided.
Proposed GHG lease for which EIS approval given
Clause 554 inserts section 392AY, which provides for priority to be given
to those proponents who have been granted approval for the preparation of
a voluntary Environmental Impact Statement under the Environmental
Protection Act 1994 for a project that is, or includes, a proposed GHG
lease. This is because the Environmental Impact Statement process is
potentially publicly available from that point and so the trigger point for
priority has been advanced ahead of the point of application for the lease.
Proposed mining or petroleum lease declared a significant
project
Clause 554 inserts section 392AZ, which provides for priority to be given
to those proponents of a project that is declared a "significant project"
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under the State Development and Public Works Organisation Act 1971
where the project is, or includes, a proposed GHG lease. This is because an
Environmental Impact Statement is required for a `significant project' and
the Environmental Impact Statement process is potentially publicly
available from that point, and so the trigger point for priority has been
advanced ahead of the point of application for the lease.
Part 4 Petroleum lease applications in
response to invitation under
GHG storage Act
Application of pt 4
Clause 554 inserts section 392BA, which provides for the application of
this part whereby a petroleum lease application is made in response to an
invitation given because of a resource management decision under the
Greenhouse Gas Storage Act 2008.
Additional ground for refusing application
Clause 554 inserts section 392BB, which ensures that the Minister can
refuse the application for a petroleum lease if it is considered that an
application that was invited as a result of a resource management decision
is not being progressed in a timely manner. This is necessary to ensure the
integrity of the original resource management decision.
Part 5 Additional provisions for
petroleum authorities
Division 1 Restrictions on authorised activities
for particular petroleum authorities
Overlapping GHG lease
Clause 554 inserts section 392BC, which provides when land in the area of
a an authority to prospect; a data acquisition authority or a water
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monitoring authority is also GHG lease land the authorised activities for
the petroleum authority may only be carried out if the GHG lease holder
has not objected to the activity or to the safety management plan or if an
objection has been made and the Minister has decided the activity may be
carried out.
Overlapping GHG permit
Clause 554 inserts section 392BD, which applies if land is in the area of the
listed petroleum authorities and a GHG permit. Authorised activities for
the petroleum authority cannot be carried out on the land if carrying it out
adversely affects the GHG authority activities and these activities have
already started.
Resolving disputes
Clause 554 inserts section 392BE applies if a petroleum authority overlaps
a GHG lease and the lease holder has objected to the carrying out of a
petroleum authority activity. This clause also applies if there is a dispute
between the holders about whether an authorised activity for the petroleum
authority can be carried out under that section. If there is a dispute either
party may ask the Minister to decide. There is opportunity for submissions
to be made, about the matter, to the Minister. The decision made by the
Minister is binding on the parties and conditions may be attached to the
decision. This method of resolving disputes should deter a party from
objecting for arbitrary or obstructive reasons.
Division 2 Additional conditions
Notice by authority to prospect holder to particular GHG
authority holders or applicants
Clause 554 inserts section 392BF, requires an authority to prospect holder,
to notify GHG authority holders or applicants in the area of the grant of the
authority to prospect. This is a normal business consideration and has
practical application if, for example, infrastructure could be shared with the
costs also shared.
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Condition to notify particular GHG authority holders of
proposed start of particular authorised activities
Clause 554 inserts section 392BG, which requires the petroleum authority
holder to notify any overlapping GHG authority holders or a GHG
authority holder sharing a common boundary with the petroleum authority
holders of the following:
· when the designated activity is to start; and
· where the designated activity is to be carried out; and
· the nature of the activity.
Notification must be given again if the GHG authority holder is changing
the land where the activities will be carried out.
Requirement to continue GHG coordination arrangement after
renewal of or dealing with petroleum lease
Clause 554 inserts section 392BH, which provides that if a petroleum lease,
the subject of a coordination arrangement, is for renewal, transfer, or
subletting, the petroleum lease holder must continue with the coordination
arrangement while there is the overlapping situation with the GHG lease.
Division 3 Restriction on Minister's power to
amend petroleum lease if overlapping
GHG tenure
Interests of overlapping GHG tenure holder to be considered
Clause 554 inserts section 392BI, which provides that if there is an
overlapping authority for a petroleum lease, the petroleum lease may be
amended under section 848 of the Petroleum and Gas (Production and
Safety) Act 2004 only if the interests of the overlapping authority holder
have been considered
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Part 6 Additional provisions for
development plans if
overlapping GHG tenure
Operation of pt 6
Clause 554 inserts section 392BJ, which provides for the operation of this
part, that is the additional requirements for an overlapping tenure situation.
Statement about interests of GHG tenure holder
Clause 554 inserts section 392BK, which provides that a statement must be
included in the development plan showing that the petroleum lease
applicant has considered the interests of any overlapping GHG tenure
holder. The GHG assessment criteria are to be used in compiling this
statement.
Consistency with GHG tenure's development plan and with any
relevant coordination arrangement
Clause 554 inserts section 392BL, which provides that the proposed
development plan must be consistent with any relevant coordination
arrangement. The coordination arrangement must make sense and be
achievable, thus the requirement for consistency.
Additional criteria for approval
Clause 554 inserts section 392BM, which provides that the Minister must
consider the additional information provided when deciding whether to
approve the plan or amendment.
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Part 7 Additional provisions for safety
management plans
Grant of petroleum lease does not affect obligation to make
plan
Clause 554 inserts section 392BN, which provides that regardless of the
petroleum lease applicant providing a GHG statement as required, a safety
management plan is still required for any operating plant. The safety
management plan may be audited at any time.
Requirements for consultation with particular GHG tenure
holders
Clause 554 inserts section 392BO, which provides that for an operating
plant that will be used for petroleum activities the operator must use
reasonable attempts to consult with an overlapping GHG authority holder if
the activities may adversely affect the safe and efficient use of the other
resources. The plans may be amended to incorporate any reasonable
suggestions made by the overlapping GHG authority if these are
commercially and technically feasible. This is a common-sense provision
to maximize safety for all operators and others who may be in the area, like
independent contractors.
Application of provisions for resolving disputes about
reasonableness of proposed provision
Clause 554 inserts section 392BP, which provides that when a dispute
arises about the reasonableness of proposed provisions of the GHG tenure
holder to the safety management plan this dispute must be dealt with under
the relevant provisions of the Petroleum and Gas (Production and Safety)
Act 2004.
Amendment of s 400 (Restriction if there is an existing mining
lease)
Clause 555 provides for GHG lease to be included for the restrictions.
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Amendment of s 402 (Licence may extend transportation right
to other prescribed substances)
Clause 556 provides for GHG stream to be included in the licence
provisions.
Amendment of s 422 (Obligations in operating pipeline)
Clause 557 extends the pipeline transport of petroleum to other substances.
Amendment of s 476 (Notice requirements)
Clause 558 provides for the correction of the section referenced.
Replacement of ch 5, pt 4 (Access to land in area of another
petroleum authority or a mining tenement)
Clause 559 replaces the `Chapter 5, Part 5' heading with a `Part 4' heading.
This part now applies for access to land in area of particular other
authorities, not just another petroleum authority or mining tenement.
Amendment of s 528 (Application of pt 4)
Clause 560 extends application of part to include GHG authority.
Amendment of s 547 (Requirement to keep records and
samples)
Clause 561 deletes the word `basic' when referring to exploration data.
Amendment of s 553 (Power to require information or reports
about authorised activities to be kept or given)
Clause 562 deletes the word `basic' when referring to exploration data.
Amendment of s 557 (Obligation to comply with Act and
prescribed standards)
Clause 563 expands the definition of standard to include international
standards, codes or protocols. There are no Australian Standards for things
like GHG stream pipelines but the United States of America have a
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pipeline standard for transporting carbon dioxide which may be suitable in
the interim for Queensland.
Amendment of s 573 (Deciding application)
Clause 564 provides an extension to the period allowed, from 3 months to 6
months, to meet the conditions imposed when the Minister give an
indication of the likely approval of the dealing. This period is now aligned
with that provided for in the Petroleum Act 1923 for the similar provision.
Amendment of s 669 (Making safety requirement)
Clause 565 expands the making safety requirement to include GHG storage
activities.
Amendment of s 670 (What is an operating plant)
Clause 566 expands this section to include GHG storage activity, GHG
authority and GHG stream pipeline. Adding these to the definition of
operating plant triggers the requirement for GHG operators to have a safety
management plan.
Amendment of s 675 (Content requirements for safety
management plans)
Clause 567 provides for an extension of the section to include GHG
authority where there are multiple operating plant with different operators
on the same GHG tenure. This requires more detail in the safety
management plan.
Amendment of s 690 (Content requirements for safety reports)
Clause 568 provides for a renumber and expands out the provision.
Replacement of s 691 (Obligation to give information to coal or
oil shale exploration tenement holder)
Clause 569 replaces section 691 in an expanded version to reflect the
inclusion of GHG operators and their safety management plans.
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Replacement of s 699A (Operator's obligation for adjacent or
overlapping coal mining operations)
Clause 570 replaces section 699A in an expanded version to reflect the
inclusion of GHG operators and their safety management plans.
Amendment of s 705 (Application of sdiv 1)
Clause 571 provides for the operator of an operating plant in the area of a
GHG lease and there is potential for the operations to affect the safety or
efficiency of the GHG lease activities.
Amendment of s 705A (Requirement to have principal hazard
management plan)
Clause 572 provides that the operator in this case must have a principle
hazard management plan and must consult with the GHG lease holder.
Amendment of s 705B (Content requirements for principal
hazard management plan)
Clause 573 provides for an expansion of the content to include a relevant
GHG lease or GHG wells.
Amendment of s 705C (Resolving disputes about provision
proposed by mining lease holder)
Clause 574 expands the section on resolving disputes to include relevant
GHG leases.
Amendment of s 708B (Chief inspector may issue safety alerts
and instructions)
Clause 575 expands the section to include GHG storage activities into
safety alerts and instructions.
Amendment of s 736 (Functions)
Clause 576 provides for an expansion of this section related to the safety
inspector's functions for GHG storage activities.
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Amendment of s 744 (Inspector's additional entry power for
emergency or incident)
Clause 577 expands this section to include GHG stream.
Amendment of s 746 (Authorised officer's additional entry
power for petroleum authority)
Clause 578 expands this section to include GHG authority.
Amendment of s 769 (Testing seized things)
Clause 579 expands this section to include GHG stream.
Amendment of s 780 (Power to give compliance direction)
Clause 580 expands this section to include the GHG storage Act.
Amendment of s 781 (Requirements for giving compliance
direction)
Clause 581 expands this section to include the GHG storage Act.
Amendment of s 802 (Restriction on pipeline construction or
operation)
Clause 582 expands this section to include GHG storage Act and GHG
tenure.
Amendment of s 892 (Provisions for deciding application and
grant of petroleum lease)
Clause 583 expands this section.
Amendment of s 910 (Renewal application provisions apply for
making and deciding grant application)
Clause 584 expands this section.
Amendment of sch 2 (Dictionary)
Clause 585 expands the dictionary to include GHG related definitions.
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Part 21 Amendment of Queensland
Competition Authority Act 1997
Act amended in pt 21
Clause 586 provides that part 21 amends the Queensland Competition
Authority Act 1997.
Amendment of s 70 (Meaning of facility)
Clause 587 extends the definition of `facility' for the Queensland
Competition Authority Act 1997 to include GHG stream transmission and
distribution infrastructure, as well as defining what `GHG stream' means.
Part 22 Amendment of Queensland
Heritage Act 1992
Act amended in pt 22
Clause 588 provides that part 22 amends the Queensland Heritage Act
1992.
Amendment of schedule (Dictionary)
Clause 589 amends the definition of `owner in relation to land' to include
`for land the subject of a GHG authority under the Greenhouse Gas Storage
Act 2008--the person who holds the interest'.
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Part 23 Amendment of State
Development and Public Works
Organisation Act 1971
Act amended in pt 23
Clause 590 provides that part 23 amends the State Development and Public
Works Organisation Act 1971.
Amendment of s 26 (Declaration of significant project)
Clause 591 provides that if a proposed GHG injection and storage lease
under the Greenhouse Gas Storage Act 2008 is declared a significant
project, the minister administering the State Development and Public
Works Organisation Act 1971 must give a copy of the gazette notice about
the declaration, to the Minister administering the Greenhouse Gas Storage
Act 2008.
Amendment of s 35 (Coordinator-General evaluates EIS,
submissions, other material and prepares report)
Clause 592 provides that the coordinator-general may, in evaluating an EIS
submission, state conditions under section 49E.
Amendment of s 35I (Coordinator-General's change report)
Clause 593 provides that the Coordinator-General may, in making the
evaluation about a change in a project or a condition of a project, state
conditions under section 49E.
Amendment of pt 4, div 6, sdiv 1, hdg (Relationship for
non-code compliant environmental authority (petroleum
activities)
Clause 594 provides for the amendment to the heading of this subdivision.
Amendment of section 47B (Application of sdiv 1)
Clause 595 provides that this sub-division applies if the project involves a
proposed environmental authority (Chapter 5A) under the Environmental
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Protection Act 1994 and were the proposed authority to be issued, it would
be a non-code compliant authority for chapter 5A of the Environmental
Protection Act 1994. This is a consequence of amendments to the
Environmental Protection Act 1994 made by the Greenhouse Gas Storage
Act 2008.
Insertion of new pt 4, div 6B
Clause 596 inserts new part 4, division 6B.
Division 6B Relationship with Greenhouse Gas
Storage Act 2008
Application of div 6B
Clause 596 inserts section 49D, which provides that this division applies if
the project deals with a proposed GHG injection and storage lease under
the Greenhouse Gas Storage Act 2008
Application of Coordinator-General's report to proposed lease
Clause 596 inserts section 49E, which provides that the
Coordinator-General's report may set conditions for the EIS and if
conditions are set, a copy of the report must be given to the Minister of the
department in which the Greenhouse Gas Storage Act 2008 is
administered.
Amendment of section 175A (EIS must not, under particular
other Acts, be required for PNG pipeline project)
Clause 597 provides for the amendment to this section as a consequence of
amendments to the Environmental Protection Act 1994 made by the
Greenhouse Gas Storage Act 2008.
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Part 24 Amendment of Survey and
Mapping Infrastructure Act 2003
Act amended in pt 24
Clause 598 provides that part 24 amends the Survey and Mapping
Infrastructure Act 2003.
Amendment of s 21 (Power to place a permanent survey mark)
Clause 599 provides that a surveyor may place a permanent survey mark on
land a GHG tenure under the Greenhouse Gas Storage Act 2008 if its
holder consents to the placement of the mark.
Part 25 Amendment of Torres Strait
Islander Land Act 1991
Act amended in pt 25
Clause 600 provides that part 25 amends the Torres Strait Islander Land
Act 1991.
Amendment of s 3 (Definitions)
Clause 601 provides for the expansion of the definition of `interest' to
include the Greenhouse Gas Storage Act 2008.
Amendment of s 128 (Creation of interests in transferrable and claimable
land)
Clause 602 extends section 128 so that nothing in the Torres Strait
Islanders Land Act 1991 prevents the creation of an interest in transferable
land if the interest is also a GHG authority under the Greenhouse Gas
Storage Act 2008.
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Part 26 Amendment of Valuation of Land
Act 1944
Act amended in pt 26
Clause 603 provides that part 26 amends the Valuation of Land Act 1944.
Amendment of s 26 (Valuation of petroleum leases)
Clause 604 provides how the unimproved value of GHG lease is calculated,
as well as defining what a GHG lease is.
Part 27 Amendment of Water Supply
(Safety and Reliability) Act 2008
Act amended in pt 27
Clause 605 provides that part 27 amends the Water Supply (Safety and
Reliability) Act 2008.
Amendment of sch 3 (Dictionary)
Clause 606 provides amendments to delete the Schedule 3, definitions for
`mining activity' and `petroleum activity' and redefines `wastewater' so
that water generated from a GHG storage activity as defined under the
Environmental Protection Act 1994, section 145X, is excluded from the
definition of `wastewater'.
Part 28 Amendment of Whistleblowers
Protection Act 1994
Act amended in pt 28
Clause 607 provides that part 28 amends the Whistleblowers Protection Act
1994.
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Amendment of sch 2 (Offences endangering the environment)
Clause 608 provides an amendment to schedule 2 to provide when a person
may make a public interest disclosure, if there is a substantial and specific
danger to the environment, in relation to all provisions for which a
contravention is an offence under the Greenhouse Gas Storage Act 2008,
Petroleum Act 1923 and the Petroleum and Gas (Production and Safety)
Act 2004.
Part 29 Amendment of Workplace Health
and Safety Act 1995
Act amended in pt 29
Clause 609 provides that part 29 amends the Workplace Health and Safety
Act 1995.
Amendment of s 3 (Application of Act)
Clause 610 provides that a GHG authority under the Greenhouse Gas
Storage Act 2008 also has application under section 3 of the Workplace
Health and Safety Act 1995.
Schedule 1 Decisions subject to appeal
The insertion of this schedule provides details of which decisions, made
under this Act, may be appealed.
Schedule 2 Dictionary
The insertion of this schedule provides details of definitions used in this
Act.
© State of Queensland 2008
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