PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 151 Restriction on flaring or venting

PETROLEUM AND GAS (PRODUCTION AND SAFETY) ACT 2004 - SECT 151

151 Restriction on flaring or venting

(1) A petroleum lease holder must not flare or vent petroleum in a gaseous state produced under the lease unless the flaring or venting is authorised under this section.

(2) Flaring the gas is authorised if it is not commercially or technically feasible to use it—

(a) commercially under the lease; or

(b) for an authorised activity for the lease.

(3) Venting the gas is authorised if—

(a) it is not safe to use the gas for a purpose mentioned in subsection (2) (a) or (b) or to flare it; or

(b) flaring it is not technically practicable.

(4) Venting the gas is also authorised if—

(a) it is being used, or is proposed to be used, under a greenhouse abatement scheme; and

(b) if subsection (1) were to apply, the direct or indirect benefit the lease holder would otherwise obtain because of the use of the gas under the scheme would be reduced.

(5) In this section—


"greenhouse abatement scheme" means—

(a) the Electricity Supply Act 1995 (NSW) , part 8A ; or

Note—

See, in particular, the Greenhouse Gas Benchmark Rule (Generation) No. 2 of 2003 , paragraph 10.1 (Total greenhouse gas emissions), made under the Electricity Supply Act 1995 (NSW) , part 8A , section 97K .

(b) the Commonwealth’s Greenhouse Gas Abatement Program; or

(c) another scheme about the abatement of greenhouse gases prescribed under a regulation.