GREENHOUSE GAS STORAGE ACT 2009 - As at 21 November 2022 - Act 3 of 2009

Table of Provisions

• Long Title

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

• 1 Short title
• 2 Commencement

PART 2 - PURPOSES AND APPLICATION OF ACT

• 3 Purposes of Act and their achievement
• 4 Facilitation of Act by Petroleum and Gas (Production and Safety) Act 2004
• 5 Act binds all persons
• 6 Application of Act to coastal waters of the State
• 7 Relationship with Nature Conservation Act 1992
• 8 Relationship with Geothermal Act and principal mining and petroleum Acts
• 8AA Relationship with Common Provisions Act
• 8A Declaration for Commonwealth Act
• 9 Act does not affect other rights or remedies
10. (Repealed)

PART 3 - INTERPRETATION

Division 1 - Dictionary

• 11 Definitions

Division 2 - Key definitions

• 12 What is a GHG stream
• 13 What is a GHG stream storage site
• 14 What is GHG stream storage
• 15 What is GHG storage exploration
• 16 What is GHG storage injection testing
• 17 What is a GHG stream pipeline
• 18 Types of authority under Act
• 19 Who is an eligible person
• 20 What are the conditions of a GHG authority
• 21 What are the provisions of a GHG authority
• 22 What is an authorised activity for a GHG authority
• 23 What is a GHG storage activity
• 24 What is a work program for a GHG permit
• 25 What is a development plan for a GHG lease
26. (Repealed)
• 26A What is a resource Act

PART 4 - STATE OWNERSHIP OF GHG STORAGE RESERVOIRS

• 27 GHG storage reservoirs the property of the State
• 28 Reservation in land grants

CHAPTER 2 - GHG EXPLORATION PERMITS

PART 1 - KEY AUTHORISED ACTIVITIES

• 29 Operation of pt 1
• 30 Principal authorised activities
• 31 Incidental activities

PART 2 - OBTAINING GHG PERMITS

Division 1 - Preliminary

• 32 Operation of pt 2

Division 2 - Competitive tenders

• 33 Call for tenders
• 34 Right to tender
• 35 Requirements for making tender
• 35A Rejection of tender if tenderer disqualified
36. (Repealed)
• 37 Right to terminate call for tenders

Division 3 - Deciding tenders

• 38 Process for deciding tenders
• 39 Provisions for preferred tenderers
• 40 Deciding whether to grant GHG permit
• 41 Provisions of GHG permit
• 42 Criteria for decisions
• 43 Notice to unsuccessful tenderers

PART 3 - AREA PROVISIONS

• 44 Area of GHG permit
• 45 References to sub-blocks of GHG permit
• 46 Minister’s power to decide excluded land
• 47 Minister may add excluded land
• 48 Area of GHG permit reduced on grant of GHG lease
• 49 Effect of ending of declaration of potential storage area

PART 4 - WORK PROGRAMS

Division 1 - Function and purpose

• 50 Function and purpose

Division 2 - Requirements for proposed initial work programs

• 51 Operation of div 2
• 52 Program period
• 53 General requirements
• 54 Water issues

Division 3 - Approval of proposed initial work programs

• 55 Criteria
• 56 Verification may be required
• 57 Referral to Water Act Minister

Division 4 - Requirements for proposed later work programs

• 58 Operation of div 4
• 59 General requirements
• 60 Program period
• 61 Implementation of evaluation program for potential storage area

Division 5 - Approval of proposed later work programs

• 62 Application of div 5
• 63 GHG permit taken to have work program until decision on whether to approve proposed work program
• 64 Deciding whether to approve proposed program
• 65 Steps after, and taking effect of, decision

Division 6 - Amending work programs

• 66 Restrictions on amending work program
• 67 Applying for approval to amend
• 68 Requirements for making application
• 69 Deciding application
• 70 Steps after, and taking effect of, decision

PART 5 - KEY MANDATORY CONDITIONS

Division 1 - Preliminary

• 71 Operation of pt 5

Division 2 - Standard relinquishment condition and related provisions

• 72 Standard relinquishment condition
• 73 Consequence of failure to comply with relinquishment condition
• 74 Part usually required to be relinquished
• 75 Sub-blocks that can not be counted towards relinquishment
• 76 Adjustments for sub-blocks that can not be counted
• 77 Adjustment for particular potential storage areas
• 78 Relinquishment must be by blocks
• 79 Ending of GHG permit if all of its area relinquished

Division 3 - Other mandatory conditions

• 80 Compliance with test plan for GHG storage injection testing
• 81 Restriction on substances that may be used for GHG storage injection testing
• 82 Restriction on substances that may be used for GHG stream storage
• 83 Restriction on GHG streams that may be used
• 84 Water Act authorisation required for taking or interference with water
• 85 Obligation to consult with particular owners and occupiers
• 86 Annual rent
• 87 Civil penalty for non-payment of annual rent
• 88 Requirement to have work program
• 89 Compliance with GHG storage exploration activities in work program
• 90 Penalty relinquishment if work program not finished within extended period
• 91 Obligation to give proposed later work program
• 92 Consequence of failure to comply with notice to give proposed later work program
• 92A Power to impose or amend condition if changed holder of GHG permit

PART 6 - RENEWALS

• 93 Conditions for renewal application
• 94 Requirements for making application
• 95 Continuing effect of GHG permit for renewal application
• 96 Deciding application
• 97 Provisions and term of renewed GHG permit
• 98 Criteria for decisions
• 99 Information notice about refusal
• 100 When refusal takes effect

PART 7 - POTENTIAL STORAGE AREAS

• 101 Applying for potential storage area
• 102 Deciding potential storage area application
• 103 Inclusion of evaluation program in work program
• 104 Term of declaration
• 105 Potential storage area still part of GHG permit

PART 8 - PROVISIONS TO FACILITATE TRANSITION TO GHG LEASE

• 106 Application of pt 8
• 107 Ministerial direction to apply for GHG lease
• 108 Taking proposed action

CHAPTER 3 - GHG INJECTION AND STORAGE LEASES

PART 1 - KEY AUTHORISED ACTIVITIES

• 109 Operation of pt 1
• 110 Principal authorised activities
• 111 GHG stream pipeline and water pipeline construction and operation
• 112 Incidental activities

PART 2 - TRANSITION FROM GHG PERMIT TO GHG LEASE

Division 1 - Applying for GHG lease

• 113 Who may apply
• 114 Requirements for making permit-related application
• 115 Rejection of permit-related application if applicant disqualified
• 116 Continuing effect of GHG permit for permit-related application

Division 2 - Deciding permit-related applications

• 117 Deciding whether to grant GHG lease
• 118 Requirements for grant
• 119 Exception for particular relevant arrangements
• 120 Provisions of GHG lease
• 121 Provisions about grant and conditions of GHG lease for coordinated project
• 122 Information notice about refusal
• 123 When refusal takes effect

PART 3 - OBTAINING GHG LEASE BY COMPETITIVE TENDER

Division 1 - Preliminary

• 124 Operation of pt 3

Division 2 - Calls for tenders

• 125 Call for tenders
• 126 Right to tender
• 126A Rejection of tender if tenderer disqualified
• 127 Right to terminate call for tenders

Division 3 - Deciding tenders

• 128 Process for deciding tenders
• 129 Provisions for preferred tenderers
• 130 Deciding whether to grant GHG lease
• 131 Provisions of GHG lease
• 132 Criteria for decisions
• 133 Notice to unsuccessful tenderers

PART 4 - TERM AND AREA PROVISIONS

• 134 Term of GHG lease
• 135 Area of GHG lease
• 136 References to sub-blocks of GHG lease
• 137 Minister’s power to decide excluded land
• 138 Minister may add excluded land

PART 5 - DEVELOPMENT PLANS

Division 1 - Function and purpose

• 139 Function and purpose

Division 2 - Requirements for proposed initial development plans

• 140 Operation of div 2
• 141 General requirements
• 142 Site plan
• 143 Petroleum wells to be assumed
• 144 Water issues
• 145 Monitoring and verification plan
• 146 Plan period

Division 3 - Approval of proposed initial development plans

• 147 Criteria for decision
• 148 Verification may be required
• 149 Referral to Water Act Minister

Division 4 - Requirements for proposed later development plans

• 150 Operation of div 4
• 151 General requirements

Division 5 - Approval of proposed later development plans

• 152 Application of div 5
• 153 GHG lease taken to have development plan until decision on whether to approve proposed development plan
• 154 Deciding whether to approve proposed plan
• 155 Steps after, and taking effect of, decision

Division 6 - Amending development plans

• 156 Restrictions on amendment
• 157 Applying for approval to amend
• 158 Deciding application
• 159 Steps after, and taking effect of, decision

PART 6 - KEY MANDATORY CONDITIONS FOR GHG LEASES

• 160 Operation of pt 6
• 161 Compliance with test plan for GHG storage injection testing
• 162 Restriction on substances that may be used for GHG storage injection testing
• 163 Restriction on substances that may be used for GHG stream storage
• 164 Restriction on GHG streams that may be used
• 165 Water Act authorisation required for taking or interference with water
• 166 Obligation to consult with particular owners and occupiers
• 167 Obligation to commence GHG stream storage
• 168 Annual rent
• 169 Civil penalty for non-payment of annual rent
• 170 Requirement to have development plan
• 171 Compliance with development plan
• 172 Obligation to give proposed later development plan
• 173 Consequence of failure to comply with notice to give proposed later development plan
• 173A Power to impose or amend condition if changed holder of GHG lease

PART 7 - SURRENDERS

• 174 When surrender is permitted
• 175 Part of GHG lease area can not be surrendered
• 176 Timing of surrender application
• 177 Requirements for making surrender application
• 178 Minister may require further report or work for surrender of GHG lease
• 179 Deciding application
• 180 Notice and taking effect of decision
• 181 Responsibility for injected GHG streams after decommissioning

CHAPTER 4 - COORDINATION WITH PARTICULAR AUTHORITIES UNDER OTHER RESOURCE ACTS

PART 1 - PRELIMINARY

• 182 Relationship with chs 2, 3 and 5
• 183 What is an overlapping resource authority
• 184 What is an exploration authority (non-GHG)
• 185 Relationship with other resource Acts and overlapping resource authorities

PART 2 - COORDINATION ARRANGEMENTS FOR GHG LEASES

• 186 GHG coordination arrangements that may be made
• 187 Other provisions about and effect of GHG coordination arrangement
• 188 Applying for ministerial approval of proposed GHG coordination arrangement
• 189 Ministerial approval of proposed GHG coordination arrangement
• 190 Approval does not confer right to surrender or renew
• 191 Grant of pipeline licence
• 192 Amendment or cancellation by parties to arrangement
• 193 Minister’s power to cancel arrangement
• 194 Cancellation does not affect relevant leases

PART 3 - OBTAINING GHG LEASE IF OVERLAPPING AUTHORITY

Division 1 - Preliminary

• 195 Application of pt 3

Division 2 - Requirements for application

• 196 Requirements for making application
• 197 Content requirements for GHG statement

Division 3 - Consultation provisions

• 198 Applicant’s information obligation
• 199 Submissions by overlapping resource authority holder

Division 4 - Resource management decision

• 200 Application of div 4
• 201 Resource management decision
• 202 Criteria for decision
• 203 Restrictions on giving overlapping authority priority

Division 5 - Process if resource management decision is to give overlapping authority priority

• 204 Application of div 5
• 205 Notice to applicant and overlapping authority holder
• 206 Relevant lease application for all of the land
• 207 Relevant lease application for part of the land
• 208 No relevant lease application

Division 6 - Resource management decision not to grant and not to give priority

• 209 Lapsing of application

Division 7 - Deciding application

• 210 Application of div 7
• 211 Application may be refused if no reasonable prospects of GHG coordination arrangement
• 212 Additional criteria for deciding provisions of GHG lease
• 213 Publication of outcome of application

PART 4 - PRIORITY TO PARTICULAR LEASE APPLICATIONS

• 214 Earlier geothermal, mining or petroleum lease application
• 215 Proposed geothermal, mining or petroleum lease for which EIS approval given
• 216 Proposed geothermal, mining or petroleum lease declared a coordinated project

PART 5 - GHG LEASE APPLICATIONS IN RESPONSE TO INVITATION UNDER RESOURCE ACT

• 217 Application of pt 5
• 218 Additional ground for refusing application

PART 6 - ADDITIONAL PROVISIONS FOR GHG AUTHORITIES

Division 1 - Restrictions on authorised activities other than for GHG leases

• 219 Overlapping geothermal, mining or petroleum lease
• 220 Overlapping exploration authority (non-GHG)
• 221 Resolving disputes

Division 2 - Additional conditions

• 222 Notice of grant by particular GHG authority holders
• 223 Condition to notify particular other authority holders of proposed start of particular authorised activities
• 224 Continuance of GHG coordination arrangement after transfer

Division 3 - Restriction on Minister’s power to amend GHG lease if overlapping authority

• 225 Interests of overlapping authority holder to be considered

PART 7 - ADDITIONAL PROVISIONS FOR DEVELOPMENT PLANS IF OVERLAPPING AUTHORITY

• 226 Operation of pt 7
• 227 Statement about interests of overlapping authority holder
• 228 Consistency with overlapping resource authority’s development plan and with any relevant coordination arrangement
• 229 Additional criteria for approval

PART 8 - ADDITIONAL PROVISIONS FOR SAFETY MANAGEMENT PLANS

• 230 Grant of GHG lease does not affect obligation to make plan
• 231 Requirements for consultation with particular overlapping resource authority holders
• 232 Application of P&G Act provisions for resolving disputes about reasonableness of proposed provision

CHAPTER 5 - GENERAL PROVISIONS FOR GHG AUTHORITIES

PART 1 - GHG INJECTION AND STORAGE DATA ACQUISITION AUTHORITIES

Division 1 - Obtaining authority

• 233 Who may apply for GHG data acquisition authority
• 234 Requirements for making application
• 235 Deciding application
• 236 Provisions of authority
• 237 Notice of refusal

Division 2 - Provisions for GHG data acquisition authorities

• 238 Key authorised activities
• 239 Additional condition of relevant GHG tenure
• 240 Authority holder is the relevant GHG tenure holder from time to time
• 241 Authority ends if relevant GHG tenure ends
• 242 Relationship with subsequent GHG tenure
• 243 Annual rent
• 244 End of authority report for GHG data acquisition authority

PART 2 - GHG STORAGE VIABILITY ASSESSMENT

• 245 Minister’s power to require GHG storage viability report
• 246 Required content of GHG storage viability report
• 247 Minister’s power to obtain independent viability assessment
• 248 Costs of independent viability assessment

PART 3 - OWNERSHIP AND DECOMMISSIONING OF GHG STREAM PIPELINES

• 249 Application of pt 3
• 250 General provision about ownership while tenure is in force for pipeline
• 251 Ownership afterwards
• 252 Obligation to decommission pipelines on cessation or reduction of tenure

PART 4 - REPORTING AND INFORMATION PROVISIONS

Division 1 - General reporting provisions

• 253 Requirement of GHG tenure holder to report outcome of GHG storage injection testing
• 254 Monitoring reports by GHG lease holder
• 255 Relinquishment report by GHG permit holder
• 256 End of tenure report
• 257 Power to require information or reports about authorised activities to be kept or given

Division 2 - Records and samples

• 258 Requirement to keep records and samples
• 259 Requirement to give records and samples

Division 3 - Releasing required information

• 260 Meaning of required information
• 261 Public release of required information
• 262 Chief executive may use required information

PART 5 - GENERAL PROVISIONS FOR WELLS

Division 1 - Responsibility for wells

• 263 Former petroleum wells assumed by GHG tenure holder
• 264 Requirements for drilling GHG well

Division 2 - Decommissioning of wells

• 265 Application of div 2
• 266 Restriction on decommissioning well
• 267 Obligation to decommission
• 268 Right of entry to facilitate decommissioning for GHG permit
• 269 Responsibility for well after decommissioning

PART 6 - SECURITY

• 270 Operation and purpose of pt 6
• 271 Power to require security for GHG authority
• 272 Minister’s power to require additional security
• 273 Interest on security
• 274 Power to use security
• 275 Replenishment of security
• 276 Security not affected by change in authority holder
• 277 Retention of security after GHG authority ends

PART 7 - (Repealed)

PART 8 - (Repealed)

PART 9 - (Repealed)

PART 10 - (Repealed)

PART 11 - OWNERSHIP OF EQUIPMENT AND IMPROVEMENTS

• 326 Application of pt 11
• 327 Ownership of equipment and improvements

PART 12 - GENERAL PROVISIONS FOR CONDITIONS AND AUTHORISED ACTIVITIES

Division 1 - Other mandatory conditions for all GHG authorities

• 328 Operation of div 1
• 329 Compliance with land access code
330. (Repealed)
• 331 Obligation to comply with Act and prescribed standards
• 332 Obligation to survey if Minister requires
• 333 Notice of petroleum discovery

Division 2 - General provisions for when authority ends or area reduced

• 334 Obligation to remove equipment and improvements
• 335 Authorisation to enter to facilitate compliance

Division 3 - Provisions for authorised activities

• 336 Authorised activities may be carried out despite rights of owner or occupier
• 337 General restrictions on right to carry out authorised activity
• 338 Who may carry out authorised activity for GHG authority holder
• 338A Limitation of owner’s or occupier’s tortious liability for authorised activities

PART 13 - (Repealed)

PART 14 - (Repealed)

PART 14A - (Repealed)

PART 14B - (Repealed)

PART 15 - ENFORCEMENT OF END OF AUTHORITY AND AREA REDUCTION OBLIGATIONS

• 356 Power of authorised person to ensure compliance
• 357 Requirements for entry to ensure compliance
• 358 Duty to avoid damage in exercising remedial powers
• 359 Notice of damage because of exercise of remedial powers
• 360 Compensation for exercise of remedial powers
• 361 Ownership of thing removed in exercise of remedial powers
• 362 Recovery of costs of and compensation for exercise of remedial power

PART 16 - DEALING WITH SERIOUS SITUATIONS

• 363 What is a serious situation
• 364 Minister’s power to give direction
• 365 Requirements for giving serious situation direction
• 366 Failure to comply with serious situation direction
• 367 Serious situation direction applies despite other instruments
• 368 Powers under P&G Act not affected

PART 17 - MISCELLANEOUS PROVISIONS

• 369 GHG authority does not create an interest in land
• 369A Extinguishing GHG interests on the taking of land in a GHG authority’s area (other than by an easement)
• 369B Effect of extinguishment of GHG interests on the taking of land in a GHG authority’s area (other than by taking an easement)
• 369C Applications relating to land taken under a resumption law for which GHG interests were extinguished
• 369D Compensation for effect of taking of land in a GHG authority’s area on GHG interests
• 370 Joint holders of a GHG authority
• 371 Minister’s power to ensure compliance by GHG authority holder
• 372 Interest on amounts owing to the State
• 373 Recovery of unpaid amounts
• 374 Power to correct or amend authority
375. (Repealed)
• 376 Joint and several liability for conditions and for debts to State
• 377 Notice of authority holder’s agents

CHAPTER 6 - INVESTIGATIONS AND ENFORCEMENT

PART 1A - (Repealed)

PART 1 - NONCOMPLIANCE ACTION FOR GHG AUTHORITIES

Division 1 - Preliminary

• 378 Operation of div 1

Division 2 - Noncompliance action by Minister

• 379 Types of noncompliance action that may be taken
• 380 When noncompliance action may be taken

Division 3 - Procedure for noncompliance action

• 381 Notice of proposed noncompliance action
• 382 Considering submissions
• 383 Decision on proposed noncompliance action
• 384 Notice and taking effect of decision
• 385 Consequence of failure to comply with relinquishment requirement

PART 2 - GENERAL OFFENCES

Division 1 - Restrictions relating to GHG storage activities

• 386 Restriction on GHG storage activities
• 387 GHG tenure holder’s measurement obligations
• 388 Duty to avoid interference in carrying out GHG storage activities

Division 2 - Interference with authorised activities

• 389 Obstruction of GHG authority holder
• 390 Restriction on building on pipeline land for GHG tenure
• 391 Restriction on changing surface of pipeline land for a GHG tenure

Division 3 - Other offences

• 392 False or misleading information
• 393 Liability of executive officer—offence committed by corporation against s 386(1)
• 393A Executive officer may be taken to have committed offence
• 394 Attempts to commit offences

PART 3 - APPEALS

• 395 Who may appeal
• 396 Period to appeal
• 397 Starting appeal
• 398 Stay of operation of decision
• 399 Hearing procedures
• 400 Land Court’s powers on appeal
• 401 Restriction on Land Court’s powers for decision not to grant GHG lease
402. (Repealed)

PART 4 - EVIDENCE AND LEGAL PROCEEDINGS

Division 1 - Evidentiary provisions

• 403 Application of div 1
• 404 Authority
• 405 Signatures
• 406 Other evidentiary aids

Division 2 - Offence proceedings

• 407 Offences under Act are summary
• 408 Statement of complainant’s knowledge
• 409 Conduct of representatives
• 410 Additional orders that may be made on conviction

CHAPTER 7 - MISCELLANEOUS PROVISIONS

PART 1 - APPLICATIONS, LODGING DOCUMENTS AND MAKING SUBMISSIONS

• 411 Place or way for making applications, lodging documents or making submissions
• 412 Requirements for making an application
• 413 Request to applicant about application
• 413A Refusing application for failure to comply with request
• 413B Notice to progress GHG authority or renewal application
• 414 Particular criteria generally not exhaustive
• 415 Particular grounds for refusal generally not exhaustive
• 416 Amending applications
• 417 Withdrawal of application
• 418 Minister’s power to refund application fee

PART 2 - OTHER MISCELLANEOUS PROVISIONS

• 419 General public interest criteria for ministerial decisions
• 420 Provision for entry by State to carry out GHG storage activity
• 421 Name and address for service
• 422 Additional information about reports and other matters
• 423 References to right to enter
• 424 Application of provisions
• 425 Protection from liability for particular persons
• 426 Delegation by Minister or chief executive
427. (Repealed)
• 428 Approved forms
• 429 Regulation-making power

CHAPTER 8 - TRANSITIONAL PROVISIONS

PART 1 - TRANSITIONAL PROVISIONS FOR ACT NO. 3 OF 2009

• 430 Definitions for pt 1
• 431 Conversion of Zerogen’s P&G Act ATPs
• 432 New GHG permit for Zerogen
• 432A Correction of new GHG permit for Zerogen
• 433 Authorised activities under Zerogen GHG permits may start from assent
• 434 Deciding provisions of new GHG permit
• 435 Test plan for new GHG permit
• 436 Functions under part may be performed before assent

PART 2 - TRANSITIONAL PROVISIONS FOR AMENDMENTS UNDER GEOTHERMAL ENERGY ACT 2010

• 437 Land access code prevails over conditions
• 438 Existing compensation agreements other than for notifiable road uses
• 439 Existing entry notices
• 440 References to geothermal tenure

PART 3 - TRANSITIONAL PROVISIONS FOR MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012

Division 1 - Preliminary

• 441 Definitions for pt 3

Division 2 - Transitional provisions for amendments in amending Act commencing on assent

• 442 Land in a GHG authority’s area taken before the commencement
• 443 Land in a GHG authority’s area for which notice of intention to resume given before the commencement

Division 3 - Transitional provisions for amendments in amending Act commencing by proclamation

• 444 Undecided applications for approval of particular dealing
• 445 Deciding applications for approval of assessable transfers until commencement of particular provisions
• 446 Uncommenced appeals about refusal to approve particular dealing
• 447 Unfinished appeals about refusal to approve particular dealing

PART 4 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014

• 448 Continued appeal right for particular decisions
• 449 Existing practice manuals

PART 5 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2020

• 450 Power to impose or amend condition if changed holder of GHG permit or GHG lease
• 451 Conferences with eligible claimants or owners or occupiers started before commencement

PART 6 - TRANSITIONAL PROVISION FOR COAL MINING SAFETY AND HEALTH AND OTHER LEGISLATION AMENDMENT ACT 2022

• 452 Application of new s 379 to noncompliance action
• SCHEDULE 1
• SCHEDULE 2