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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Greenhouse Gas Geological Sequestration Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
Division 1--Introduction and interpretation 1
1 Purpose 1
2 Commencement 2
3 Definitions 3
4 Meaning of greenhouse gas sequestration formation
exploration 8
5 Meaning of greenhouse gas substance injection and
monitoring 9
6 Meaning of serious situation 10
Division 2--Objectives and principles 11
7 Objectives 11
8 Principles of sustainable development 12
Division 3--Application of Act 13
9 Relationship to certain other Acts 13
10 Aboriginal heritage 14
11 Non-application of Act 14
12 Minister may declare land not to be used for greenhouse
gas sequestration 14
13 Act binds the Crown 15
PART 2--OWNERSHIP AND CONTROL OF GREENHOUSE
GAS SUBSTANCES AND UNDERGROUND GEOLOGICAL
STORAGE FORMATIONS 16
14 Underground geological storage formation is the property of the
Crown 16
15 Crown retains Crown land rights 16
16 Ownership of greenhouse gas substance 16
17 Offence to explore for greenhouse gas sequestration formations
unless authorised 17
18 Offence to carry out greenhouse gas substance injection and
monitoring unless authorised 17
561274B.I-10/9/2008 i BILL LA INTRODUCTION 10/9/2008
Clause Page
PART 3--GREENHOUSE GAS SEQUESTRATION
EXPLORATION PERMITS 18
Division 1--Rights and obligations 18
19 Rights conferred by exploration permit 18
20 Extraction of resources 18
21 Key objects of work program 18
Division 2--Procedure for obtaining permits 19
22 Minister may invite tender applications for exploration
permits 19
23 Application for permits 20
24 Chief factors to be taken into account in deciding between
competing applications 20
25 Grant of exploration permit 21
26 Minister may make new grant if former grant refused 21
27 Procedure if initial invitation does not result in the granting
of a permit 21
28 Restrictions on permit area 22
29 Permit may be limited to a stratum of land 22
30 Term of permit 23
Division 3--Renewals 23
31 Renewal of permit 23
32 Application for renewal 23
33 Other factors to be considered in renewing permits 24
34 Permit not to be renewed if key objects not achieved 24
35 Renewed permit area may be reduced 25
36 Variation of work programs for renewed permits 25
Division 4--Injection testing plans 25
37 When must an injection testing plan be prepared? 25
38 What must an injection testing plan include? 26
39 Plan to be approved before injection testing can start 27
40 Approval of injection testing plan 27
41 Risk to the environment 27
42 Contamination or sterilisation of a resource 28
43 Consent of other resource authority holders 29
44 Referral of plans to independent panel 29
45 Appointment of panel 30
46 Community consultation 30
47 Conferences 32
48 Compensation agreement 32
49 What compensation is payable for--resource authority
holders 33
50 Injection testing to be carried out in accordance with
approved plan 34
561274B.I-10/9/2008 ii BILL LA INTRODUCTION 10/9/2008
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51 Minister may require variation of injection testing plan 34
52 Minister to consult 34
53 EPA may require variation of monitoring and verification plan 35
54 Minister may allow variation of injection testing plan 36
55 Reporting 36
Division 5--Discovery of underground geological storage
formation 37
56 Minister must be told if underground geological storage
formation discovered 37
57 Minister may give directions if underground geological
storage formation discovered 37
PART 4--GREENHOUSE GAS SEQUESTRATION
FORMATION RETENTION LEASES 38
58 Purpose of a retention lease 38
59 Rights conferred by lease 38
60 Right to apply for lease 38
61 Details to be supplied with application 39
62 Grant of lease 39
63 Work program 40
64 Area to which lease applies 41
65 Permit may be limited to a stratum of land 41
66 Term of lease 42
67 Renewal of lease 42
68 Procedure if lease not to be granted 42
69 Minister may require review of commercial viability 43
70 Minister may give directions if permanent storage viable 44
PART 5--GREENHOUSE GAS SUBSTANCE INJECTION
AND MONITORING LICENCE 45
Division 1--Rights conferred by licence 45
71 Rights conferred by licence 45
Division 2--Application for licence by holders of permits or leases 45
72 Application for licence 45
73 Details to be supplied with application 46
Division 3--Application for licence under tender process 46
74 Minister may invite tender applications 46
75 Applications 47
76 Procedure for deciding between competing bids 48
77 Notice to be given to applicants 49
78 Refund of deposits 49
79 Minister may make new grant if former grant refused 49
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80 Extension of time in which to make licence payment 50
81 Minister must not issue licence unless cash bid paid 50
Division 4--General provisions 50
82 Grant of a licence 50
83 Minister to be satisfied of certain matters 51
84 Restrictions on area to which licence applies 51
85 Licence may be limited to a stratum of land 52
86 Licence may be limited to a specified volume 52
87 Further licence may be granted where greenhouse gas injection
work completed 53
88 Term of licence 54
Division 5--Injection of greenhouse gas substance 54
89 Direction if greenhouse gas substance injection not to the
Minister's satisfaction 54
90 Form of direction 55
91 Licence holder must comply with directions 55
92 Completion of injection activities 55
Division 6--Injection and monitoring plan 56
93 Injection and monitoring plan 56
94 Content of injection and monitoring plan 56
95 Plan to be approved before injection and monitoring can start 58
96 Approval of injection and monitoring plan 58
97 Risk to the environment 59
98 Contamination or sterilisation of a resource 60
99 Consent of other resource authority holders 60
100 Referral of plans to independent panel 61
101 Appointment of panel 61
102 Community consultation 62
103 Conferences 63
104 Compensation agreement 64
105 What compensation is payable for--resource authority holders 65
106 Injection and monitoring plan must be adhered to 65
107 Minister may require variation of injection and monitoring plan 66
108 Minister to consult 66
109 EPA may require variation of monitoring and verification plan 67
110 Minister may allow variation of injection and monitoring plan 67
Division 7--Conditions of greenhouse gas substance injection and
monitoring licence 68
111 Reporting 68
112 Payment of long-term monitoring and verification costs 68
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Division 8--Permanent storage of greenhouse gas substance by a
third party 69
113 Agreement to store greenhouse gas substance 69
114 Minister may direct licence holder to store greenhouse gas
substance 69
115 Licence holder must comply with directions 70
116 Minister may amend licence 70
117 Revised injection and monitoring plan 70
118 Compensation of licence holder 71
PART 6--UNIT DEVELOPMENT 72
119 Unit development 72
120 Consultation concerning unit development if part of
underground geological storage formation interstate 73
121 Minister may amend licence for unit development 73
PART 7--GREENHOUSE GAS INFRASTRUCTURE LINES 74
122 Meaning of greenhouse gas infrastructure line 74
123 Minister may exempt greenhouse gas infrastructure line from
Pipelines Act 74
PART 8--SPECIAL ACCESS AUTHORISATIONS 75
124 Special access authorisation 75
125 Application for special access authorisation 75
126 Grant of special access authorisation 76
127 Criteria that apply to permit, lease and licence areas 77
128 Exception to section 127 78
129 Minister may vary area to which authorisation applies 78
130 Authorisation does not give exclusive rights 79
131 Term of authorisation 79
132 Extension of term of authorisation 79
133 Special access well plan 79
134 Plan to be approved before well can be made 80
135 Approval of special access well plan 80
136 Risk to the environment 80
137 Contamination or sterilisation of a resource 81
138 Consent of other resource authority holders 82
139 Referral of plans to independent panel 82
140 Appointment of panel 82
141 Special access well plan must be adhered to 83
142 Minister may require variation of special access well plan 83
143 Minister to consult 84
144 EPA may require variation of special access well plan 85
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145 Minister may allow variation of special access well plan 85
146 Permit, lease or licence holder not liable for actions of
authorisation holder 86
PART 9--PROVISIONS APPLYING TO AUTHORITIES
GENERALLY 87
Division 1--Applications 87
147 Application for authorities 87
148 Work programs 87
149 Applications are not transferable 88
150 Native title 88
151 Existing permits and leases continue until renewal
applications etc. decided 88
Division 2--Community consultation 89
152 Duty to consult with the community 89
153 Community consultation plan 89
154 Requirements for community consultation plan 90
155 Minister to approve community consultation plan 91
156 Plan to be provided to community 91
Division 3--Conditions 91
157 Conditions that may apply to authorities 91
158 Statutory condition of authority 93
159 Minister may vary conditions unilaterally 93
160 Minister may vary conditions by consent 94
161 Variation of conditions on renewal, consolidation or transfer 95
162 Suspension of conditions 95
163 Term of authority may be extended if condition suspended 96
Division 4--Transfers of authorities 96
164 Transfers 96
165 Matters Minister must consider in assessing transfer
application 97
166 Creation of interest in authority 98
167 Partial transfers of permits and licences 98
Division 5--Surrender or cancellation of authorities 99
168 Surrender of authority 99
169 Partial surrender of authority 100
170 Additional criteria for surrender of injection and monitoring
licence 100
171 Surrender of injection and monitoring licence 102
172 Referral of application to independent panel 103
173 Appointment of panel 103
174 Payment of long-term monitoring and verification costs 104
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175 Cancellation of authority 105
176 Additional grounds for the cancellation of an injection and
monitoring licence 106
177 Procedure to be followed before authority cancelled 106
178 Minister may give directions if authority expires or is
surrendered or cancelled 107
Division 6--Miscellaneous matters 108
179 Consolidation of adjoining authorities 108
180 Excision of area from authority 109
181 Reporting of serious situations 109
182 Power of Minister to give a direction 110
183 Offence to fail to comply with direction 110
184 Minister must publish certain details if authority granted 111
185 Variation of an authority 111
186 Expedited procedure for replacement of invalidated title 112
187 Occupiers liability 112
PART 10--PLANNING MATTERS 114
188 Definition of planning scheme 114
189 Exploration under exploration permit overrides planning
schemes 114
190 Injection and monitoring operations also override planning
schemes 114
191 Alternative approvals 115
PART 11--CONSENT REQUIREMENTS BEFORE
OPERATIONS ALLOWED ON LAND 117
Division 1--Wilderness Crown land 117
192 Operations on wilderness land barred 117
Division 2--Operations requiring prior consent 117
193 Consent of Minister needed 117
194 Greenhouse gas sequestration operations on restricted
Crown land 118
195 Greenhouse gas sequestration operations on water authority
land 118
196 Provisions applying to consents 119
197 Right to seek review of refusal to give consent 119
Division 3--Operations requiring notice 120
198 Operations on unrestricted Crown land 120
199 Notice to be given before operation carried out on any land 120
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PART 12--COMPENSATION 122
200 Consent of, or compensation agreement with, owner etc.
needed before operation on private land starts 122
201 What compensation is payable for--private/native title
land 122
202 Limit on total amount of compensation 124
203 Compensation not payable for underground geological
storage formations 124
204 What compensation is payable for--Crown land 125
205 Time limit on compensation claims 126
206 Determination of disputes--private/native title land 127
207 Determination of disputes--Crown land 128
208 Native Title Act rights prevail 129
PART 13--OTHER OBLIGATIONS ON THE HOLDERS OF
AUTHORITIES 130
Division 1--Operation plan to be prepared 130
209 Operation plan to be prepared 130
210 Operate plan to be approved 130
211 Plan must be observed in carrying out operation 131
212 Minister may allow variation of operation plan 131
Division 2--Conduct of operations 131
213 Operation to be conducted in proper manner 131
214 Other specific obligations concerning conduct of operations 132
215 Maintenance etc. of property 132
216 Authority holder must not interfere with other rights 133
217 Rehabilitation 133
218 Insurance must be held 134
Division 3--Rehabilitation bond 134
219 Definition of rehabilitation bond 134
220 Requirement to take out rehabilitation bond 134
221 Minister may require increased rehabilitation bond 135
222 Minister may carry out rehabilitation 135
223 Return of bond if rehabilitation satisfactory 136
Division 4--Royalties and rents 136
224 Liability for, and rate of, royalty 136
225 Minister may vary royalty 137
226 When royalty must be paid 137
227 Rent payable in relation to Crown land 137
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Division 5--Obligations at end of authority 138
228 Equipment must be removed once authority ceases 138
229 Minister may remove equipment 138
PART 14--INFORMATION 140
Division 1--Information to be given to the Minister 140
230 Minister may require certain information if underground
geological storage formation discovered 140
231 Authority holder must provide information to Minister 140
232 Minister may require position of wells etc. to be surveyed 141
233 Minister may require person to provide information on
greenhouse gas sequestration operation 141
234 Minister may require information from petroleum operators 143
235 False information not to be given 143
Division 2--Release of information 144
236 Meaning of release of information 144
237 Meaning of interpretive information 144
238 Meaning of information collection date 144
239 Information that is not to be released 145
240 Information about applications that may be released 145
241 Release of information about area that is no longer an
authority area 146
242 Release of factual information concerning licence areas 146
243 Release of factual information concerning other authority
areas 146
244 Restriction on release of information collected so that it
could be sold 147
245 Earlier release of information if consent given 147
246 Release of interpretive information relating to current
authorities 148
247 Procedure to be followed before interpretive information is
released 148
248 Right to seek review of disputed release decision 149
249 Minister may give information etc. to other Ministers 150
250 Restriction on obtaining information to meet work program
obligation 151
561274B.I-10/9/2008 ix BILL LA INTRODUCTION 10/9/2008
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PART 15--ENFORCEMENT 152
Division 1--Inspections 152
251 Authorisation of inspectors 152
252 Production of identity card 152
253 Monitoring compliance with this Act 152
254 Emergencies 153
255 Offence-related searches and seizures 154
256 Occupier to be given copy of consent 156
257 Search warrant 156
258 Announcement before entry 157
259 Copy of warrant to be given to occupier 158
260 Receipt must be given for any thing seized 158
261 Copies of certain seized things to be given 158
262 Use of equipment to examine or process things 159
263 Use or seizure of electronic equipment at premises 160
264 Compensation for damage 161
265 Return of seized things 161
266 Magistrates' Court may extend period 162
267 Power of inspector to require information or documents 162
268 Protection against self-incrimination 163
269 Offence to obstruct inspector 163
Division 2--Improvement and prohibition notices 164
270 Improvement notice 164
271 Prohibition notice 164
272 Form of notices 166
273 Right to review 166
274 Defences to charge of failing to comply with a notice 167
275 Remedy of failure to comply with improvement notice 167
Division 3--Offences 167
276 Corporation deemed to have the knowledge of its officers 167
277 Offences by corporations also offences by officers 167
278 Offences by partners 168
279 Offences by joint venturers 168
280 Offences by employees and agents 168
PART 16--ADMINISTRATIVE MATTERS 170
Division 1--Greenhouse gas sequestration register 170
281 Greenhouse gas sequestration register 170
282 Need for registration 171
283 Entries in register on devolution of title 171
284 Registration 171
285 Effect of registration 172
286 Inspection of register and documents 172
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287 Minister's certificates 173
288 Minister may make corrections to register 173
289 Right to review of register entries 173
290 Offences relating to the register 174
Division 2--Other administrative matters 174
291 Minister may require further information 174
292 Form of documents 174
293 Pecuniary interest statement 175
294 Surveys and drilling operations 175
295 Department surveys 176
296 Delegation 177
Division 3--Fees and penalties 177
297 Applications not to be processed unless fee paid 177
298 Fees and penalties debts due to the State 177
PART 17--GENERAL 178
299 Officials must not disclose information 178
300 Minister may vary method of identifying authority areas 178
301 Codes of practice 179
302 Use of codes of practice in proceedings 180
303 Regulations 181
PART 18--TRANSITIONAL PROVISIONS AND
CONSEQUENTIAL AMENDMENTS 185
Division 1--Water Act 1989 licences 185
304 Transitional provision--Water Act 1989 185
Division 2--EPA to administer monitoring and verification 185
305 Injection testing to be carried out in accordance with
approved plan 185
306 Exploration permit--reporting 185
307 Injection and monitoring plan must be adhered to 186
308 Injection and monitoring licence--reporting 186
309 Authorisation of inspectors 186
251 Authorisation of inspectors 186
310 Monitoring compliance with this Act 187
311 Compensation for damage 187
312 Improvement notices 188
270A Compliance with monitoring and verification
plan--improvement notice 188
313 Prohibition notices 188
271A Compliance with monitoring and verification
plan--prohibition notice 188
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314 Form of notices 190
315 Right to review 190
316 Remedy of failure to comply with improvement notice 191
317 Delegation 191
318 Regulations 191
Division 3--Consequential amendments to other Acts 192
319 Catchment and Land Protection Act 1994 192
320 National Parks Act 1975 192
321 Nuclear Activities (Prohibitions) Act 1983 192
322 Victorian Plantations Corporation Act 1993 192
323 Water Act 1989 193
ENDNOTES 194
561274B.I-10/9/2008 xii BILL LA INTRODUCTION 10/9/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Greenhouse Gas Geological
Sequestration Bill 2008
A Bill for an Act to regulate the injection, and permanent storage, of
greenhouse gas substances in onshore Victoria and to make
consequential amendments to other Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
Division 1--Introduction and interpretation
1 Purpose
The purpose of this Act is to facilitate and regulate
5 the injection of greenhouse gas substances into
underground geological formations for the
purpose of permanent storage of those gases,
including to facilitate and regulate the exploration
for suitable underground geological storage
10 formations, as part of Victoria's commitment to
561274B.I-10/9/2008 1 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 1--Preliminary
s. 2
the reduction of atmospheric greenhouse gas
emissions.
2 Commencement
(1) Subject to subsection (16), this Act (other than
5 Division 2 of Part 18) comes into operation on a
day or days to be proclaimed.
(2) Section 305 comes into operation on the fourth
anniversary of the day on which section 50 comes
into operation.
10 (3) Section 306 comes into operation on the fourth
anniversary of the day on which section 55 comes
into operation.
(4) Section 307 comes into operation on the fourth
anniversary of the day on which section 106
15 comes into operation.
(5) Section 308 comes into operation on the fourth
anniversary of the day on which section 111
comes into operation.
(6) Section 309 comes into operation on the fourth
20 anniversary of the day on which section 251
comes into operation.
(7) Section 310 comes into operation on the fourth
anniversary of the day on which section 253
comes into operation.
25 (8) Section 311 comes into operation on the fourth
anniversary of the day on which section 264
comes into operation.
(9) Section 312 comes into operation on the fourth
anniversary of the day on which section 270
30 comes into operation.
(10) Section 313 comes into operation on the fourth
anniversary of the day on which section 271
comes into operation.
561274B.I-10/9/2008 2 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 1--Preliminary
s. 3
(11) Section 314 comes into operation on the fourth
anniversary of the day on which section 272
comes into operation.
(12) Section 315 comes into operation on the fourth
5 anniversary of the day on which section 273
comes into operation.
(13) Section 316 comes into operation on the fourth
anniversary of the day on which section 275
comes into operation.
10 (14) Section 317 comes into operation on the fourth
anniversary of the day on which section 296
comes into operation.
(15) Section 318 comes into operation on the fourth
anniversary of the day on which section 303
15 comes into operation.
(16) If a provision of this Act (other than Division 2 of
Part 18) does not come into operation before
1 January 2010, it comes into operation on that
day.
20 3 Definitions
In this Act--
authority means an exploration permit, a retention
lease, an injection and monitoring licence or
a special access authorisation;
25 community includes persons who hold, or may
hold, native title;
Crown land means land that is, or that is by any
Act deemed to be, unalienated land of the
Crown, and includes--
30 (a) land of the Crown that is reserved
permanently or temporarily by or under
any Act; and
561274B.I-10/9/2008 3 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 1--Preliminary
s. 3
(b) land of the Crown occupied by a person
under a lease, licence or other right
under this or any other Act--
but does not include--
5 (c) native title land that is not also
wilderness Crown land; or
(d) land that is subject to a licence granted
under Part 3A of the Victorian
Plantations Corporation Act 1993;
10 Department means the Department of Primary
Industries;
environment includes water;
Environment Protection Authority has the same
meaning as Authority has under the
15 Environment Protection Act 1970;
exploration permit means an exploration permit
granted under section 25;
greenhouse gas sequestration formation
exploration has the meaning set out in
20 section 4;
greenhouse gas sequestration infrastructure
facility means a facility that is used to enable
the injection of a greenhouse gas substance
into an underground geological storage
25 formation;
greenhouse gas sequestration operation means
any activity relating to--
(a) greenhouse gas sequestration formation
exploration; or
30 (b) greenhouse gas substance injection and
monitoring;
561274B.I-10/9/2008 4 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 1--Preliminary
s. 3
greenhouse gas substance means--
(a) carbon dioxide, whether in a gaseous or
liquid state; or
(b) a prescribed greenhouse gas, whether in
5 a gaseous or liquid state; or
(c) a mixture of any or all of the following
substances--
(i) carbon dioxide, whether in a
gaseous or liquid state;
10 (ii) one or more prescribed
greenhouse gases, whether in a
gaseous or liquid state;
(iii) one or more incidental greenhouse
gas-related substances, whether in
15 a gaseous or liquid state, that
relate to either or both of the
substances mentioned in
subparagraphs (i) and (ii);
(iv) a prescribed detection agent,
20 whether in a gaseous or liquid
state--
so long as--
(v) the mixture consists
overwhelmingly of either or both
25 of the substances mentioned in
subparagraphs (i) and (ii); and
(vi) if the mixture includes a
prescribed detection agent, the
concentration of the prescribed
30 detection agent in the mixture is
not more than the concentration
prescribed in relation to that
detection agent;
561274B.I-10/9/2008 5 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 1--Preliminary
s. 3
greenhouse gas substance injection and
monitoring has the meaning set out in
section 5;
improvement notice means a notice issued under
5 section 270;
injection and monitoring licence means a
greenhouse gas injection and monitoring
licence granted under section 82;
inspector means a person authorised under
10 section 251 to carry out inspections;
land includes a stratum of land;
Native Title Act means the Native Title Act 1993
of the Commonwealth;
native title land means land in which native title
15 (within the meaning of the Native Title Act)
may exist;
parks Crown land means any land that is a
national, State or other park under the
National Parks Act 1975;
20 private land means land that is not Crown land or
native title land;
public authority means--
(a) a public service body within the
meaning of the Public Administration
25 Act 2004; or
(b) any other body, whether or not
incorporated, established by or under an
Act for a public purpose;
public interest means a consideration of any of
30 the following--
(a) government policy;
(b) employment creation;
561274B.I-10/9/2008 6 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 1--Preliminary
s. 3
(c) social impacts;
(d) the overall environmental benefit for
the State of Victoria and Australia in
both the short-term and long-term;
5 (e) the overall economic benefit for the
State of Victoria, or a part of the State
of Victoria, in both the short-term and
long-term;
(f) impacts on aesthetic, amenity or
10 cultural values;
resource means a resource that a person is entitled
to extract or use under a resource authority;
resource authority means an authority under any
of the following Acts--
15 (a) Extractive Industries Development
Act 1995;
(b) Geothermal Energy Resources Act
2005;
(c) Mineral Resources (Sustainable
20 Development) Act 1990;
(d) Petroleum Act 1998;
(e) Water Act 1989;
restricted Crown land means any land specified in
Schedule 3 to the Mineral Resources
25 (Sustainable Development) Act 1990;
retention lease means a retention lease granted
under section 62;
serious situation has the meaning set out in
section 6;
30 special access authorisation means a special
access authorisation granted under
section 126;
561274B.I-10/9/2008 7 BILL LA INTRODUCTION 10/9/2008
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Part 1--Preliminary
s. 4
stratum of land means a part of land consisting of
a space of any shape below, on or above the
surface of the land or partly below and partly
above the surface of the land, all of the
5 dimensions of which are limited;
underground geological storage formation
includes--
(a) any seal or reservoir of an underground
geological formation; and
10 (b) any associated geological attributes or
features of an underground geological
formation;
unit development agreement means an agreement
made under Part 6;
15 unrestricted Crown land means any Crown land
other than wilderness Crown land, parks
Crown land and restricted Crown land;
vary, in relation to the conditions of an authority,
includes adding conditions to, and removing
20 conditions from, the authority;
wilderness Crown land means land that is a
reference area under the Reference Areas
Act 1978 or that is a wilderness zone or
wilderness park under the National Parks
25 Act 1975;
work program has the meaning set out in
section 148.
4 Meaning of greenhouse gas sequestration formation
exploration
30 Greenhouse gas sequestration formation
exploration is the carrying out of one or more of
the following activities for the purpose of finding
an underground geological storage formation
likely to be geologically suitable for the injection
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Part 1--Preliminary
s. 5
and permanent storage of a greenhouse gas
substance--
(a) carrying out a seismic survey or any other
kind of survey;
5 (b) carrying out a baseline investigation;
(c) taking a sample;
(d) making a well;
(e) injecting, flowing or storing a liquid or gas
into a part of an underground geological
10 storage formation;
(f) monitoring the behaviour of a liquid or gas
that has been injected or stored in part of an
underground geological storage formation;
(g) undertaking any other activity necessary to
15 test the character of an underground
geological storage formation, including--
(i) testing the seal and connectivity of an
underground geological formation; and
(ii) testing the capacity of an underground
20 geological formation.
5 Meaning of greenhouse gas substance injection and
monitoring
Greenhouse gas substance injection and
monitoring is--
25 (a) the injection of a greenhouse gas substance
into an underground geological storage
formation for the purpose of permanently
storing that substance underground;
(b) the monitoring and testing of the behaviour
30 of an injected greenhouse gas substance,
including predictive modelling;
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Part 1--Preliminary
s. 6
(c) any activity incidental to an activity listed in
paragraph (a) or (b), including transportation
of a greenhouse gas substance within an
injection and monitoring licence area.
5 6 Meaning of serious situation
A serious situation exists in relation to an
underground geological storage formation if--
(a) a greenhouse gas substance that has been
injected into an underground geological
10 storage formation has leaked or will leak; or
(b) a greenhouse gas substance has leaked or
will leak in the course of being injected into
an underground geological storage
formation; or
15 (c) a greenhouse gas substance injected into an
underground geological storage formation
has behaved or will behave otherwise than as
predicted in the approved injecting testing
plan or the approved injection and
20 monitoring plan applying to that
underground geological storage formation;
or
(d) the injection or storage of a greenhouse gas
substance into an underground geological
25 storage formation has had or will have a
significant impact on the geotechnical
integrity of the whole or a part of a
geological formation or geological structure;
or
30 (e) the underground geological storage
formation is not suitable for the permanent
storage of a greenhouse gas substance as set
out in the approved injection and monitoring
plan.
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Part 1--Preliminary
s. 7
Division 2--Objectives and principles
7 Objectives
The objectives of this Act are to encourage and
promote greenhouse gas sequestration operations
5 for the benefit of all Victorians by--
(a) encouraging and facilitating greenhouse gas
sequestration operations; and
(b) establishing secure title and an orderly, fair
and competitive system for granting
10 authorities to encourage greenhouse gas
sequestration operations; and
(c) establishing a legal framework for the
regulation of greenhouse gas sequestration
operations aimed at ensuring that--
15 (i) greenhouse gas sequestration
operations are carried out in ways that
minimise impacts on public health and
the environment; and
(ii) consultation mechanisms are effective
20 and appropriate access to information
regarding greenhouse gas sequestration
operations is provided; and
(iii) land affected by greenhouse gas
sequestration operations is
25 rehabilitated; and
(iv) just compensation is paid for the use of
private land; and
(v) conditions in licences and approvals are
enforced; and
30 (d) ensuring that greenhouse gas sequestration
operations are conducted in accordance with
the principles of sustainable development;
and
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Greenhouse Gas Geological Sequestration Bill 2008
Part 1--Preliminary
s. 8
(e) simplifying the planning approval process
with respect to greenhouse gas sequestration
operations; and
(f) ensuring that public health and
5 environmental impacts are considered in
planning for, and the authorisation, operation
and decommissioning of, greenhouse gas
sequestration operations; and
(g) enabling the Crown to assume responsibility
10 for ongoing monitoring and verification of
an underground geological storage formation
that has been used to permanently store a
greenhouse gas substance following the
surrender or cancellation of an injection and
15 monitoring licence.
8 Principles of sustainable development
(1) It is the intention of Parliament that in the
administration of this Act regard should be given
to the principles of sustainable development.
20 (2) For the purposes of this Act the principles of
sustainable development are that--
(a) individual and community wellbeing and
welfare should be enhanced by following a
path of economic development that
25 safeguards the welfare of future generations;
(b) there should be equity within and between
generations;
(c) biological diversity should be protected and
ecological integrity maintained;
30 (d) there should be recognition of the need to
develop a strong, growing, diversified and
internationally competitive economy that can
enhance the capacity for environmental
protection;
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Greenhouse Gas Geological Sequestration Bill 2008
Part 1--Preliminary
s. 9
(e) measures to be adopted should be cost
effective and flexible, not disproportionate to
the issues being addressed, including
improved valuation, pricing and incentive
5 mechanisms;
(f) both long and short term economic,
environmental, social and equity
considerations should be effectively
integrated into decision-making;
10 (g) if there are threats of serious or irreversible
environmental damage, lack of full scientific
certainty should not be used as a reason for
postponing measures to prevent
environmental degradation;
15 (h) decision-making should be guided by--
(i) a careful evaluation to avoid serious or
irreversible damage to the environment
wherever practicable; and
(ii) an assessment of the risk-weighted
20 consequences of various options;
(i) greenhouse gas sequestration operations
should make a positive contribution to
regional development and respect the
aspirations of the community and of
25 Indigenous peoples;
(j) decisions and actions should provide for
community involvement in issues that affect
them.
Division 3--Application of Act
30 9 Relationship to certain other Acts
If this Act makes provision in relation to a matter
and provision is also made in relation to that
matter by, or under, the Dangerous Goods Act
1985, the Environment Protection Act 1970, the
561274B.I-10/9/2008 13 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 1--Preliminary
s. 10
Occupational Health and Safety Act 2004 or the
Water Act 1989, the provision made by this
Act--
(a) if not inconsistent with that other provision,
5 must be observed in addition to that other
provision; and
(b) if inconsistent with that other provision, is,
to the extent of the inconsistency, of no force
or effect and that other provision prevails.
10 10 Aboriginal heritage
Nothing in this Act affects the operation of the
Aboriginal Heritage Act 2006.
11 Non-application of Act
This Act does not apply to an underground
15 geological storage formation that is within the
area defined as the adjacent area in the Petroleum
(Submerged Lands) Act 1982.
12 Minister may declare land not to be used for
greenhouse gas sequestration
20 (1) The Minister may, by notice published in the
Government Gazette and recorded in the
greenhouse gas sequestration register, declare that
any land or class of land is not to be used for a
greenhouse gas sequestration operation.
25 (2) The Minister may make a declaration--
(a) to protect the land for significant
environmental reasons; or
(b) to protect significant commercial or
economic operations or activities; or
30 (c) for any other reason the Minister considers to
be appropriate.
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Part 1--Preliminary
s. 13
(3) The Minister, by notice published in the
Government Gazette and recorded in the
greenhouse gas sequestration register, may revoke
any declaration made under this section.
5 13 Act binds the Crown
This Act binds the Crown in right of Victoria and,
so far as the legislative power of the Parliament
permits, the Crown in all its other capacities.
__________________
561274B.I-10/9/2008 15 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 2--Ownership and Control of Greenhouse Gas Substances and
s. 14
Underground Geological Storage Formations
PART 2--OWNERSHIP AND CONTROL OF GREENHOUSE
GAS SUBSTANCES AND UNDERGROUND GEOLOGICAL
STORAGE FORMATIONS
14 Underground geological storage formation is the
5 property of the Crown
(1) The Crown owns all underground geological
storage formations below the surface of any land
in Victoria.
(2) Subsection (1) does not apply in relation to any
10 land (other than Crown land) to the extent that the
underground geological storage formation is
within 1524 metres of the surface of the land.
(3) Subsection (1) applies despite any prior alienation
of Crown land.
15 (4) The Crown is not liable to pay any compensation
in respect of a loss caused by the operation of this
section.
15 Crown retains Crown land rights
In conferring any grant, lease, licence or other
20 tenure of any Crown land after the
commencement of this section on any person, the
Crown retains all rights that it has in relation to
any underground geological storage formation
below the surface of that land, unless otherwise
25 stated in the document by which the grant, lease,
licence or other tenure is conferred.
16 Ownership of greenhouse gas substance
If an injection and monitoring licence is cancelled
or surrendered, the Crown becomes the owner of
30 any greenhouse gas substance that has been
injected into an underground geological formation
under that licence.
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Greenhouse Gas Geological Sequestration Bill 2008
Part 2--Ownership and Control of Greenhouse Gas Substances and
s. 17
Underground Geological Storage Formations
17 Offence to explore for greenhouse gas sequestration
formations unless authorised
A person must not carry out any greenhouse gas
sequestration formation exploration activity in
5 Victoria except--
(a) under, and in accordance with, an authority;
or
(b) as otherwise permitted by this Act.
Penalty: 240 penalty units.
10 18 Offence to carry out greenhouse gas substance
injection and monitoring unless authorised
A person must not carry out any greenhouse gas
substance injection and monitoring in Victoria
except--
15 (a) under, and in accordance with, an injection
and monitoring licence; or
(b) as otherwise permitted by this Act.
Penalty: 240 penalty units.
__________________
561274B.I-10/9/2008 17 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 3--Greenhouse Gas Sequestration Exploration Permits
s. 19
PART 3--GREENHOUSE GAS SEQUESTRATION
EXPLORATION PERMITS
Division 1--Rights and obligations
19 Rights conferred by exploration permit
5 (1) An exploration permit authorises the holder of the
permit, subject to and in accordance with the
conditions of the permit--
(a) to carry out greenhouse gas sequestration
exploration in the permit area; and
10 (b) to do any thing in that area that is necessary
for, or incidental to, that purpose.
(2) If the holder of an exploration permit discovers an
underground geological storage formation in the
permit area that is likely to be geologically
15 suitable for the permanent storage of a greenhouse
gas substance, the holder has the right to apply for
the grant of--
(a) an injection and monitoring licence; or
(b) a greenhouse gas sequestration formation
20 retention lease.
20 Extraction of resources
The grant of an exploration permit does not entitle
the permit holder to extract any resource that is
discovered while carrying out greenhouse gas
25 sequestration exploration under this Act.
21 Key objects of work program
(1) In addition to the requirements set out in
section 148, the key objects of the work program
applying to the holder of an exploration permit
30 are--
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Greenhouse Gas Geological Sequestration Bill 2008
Part 3--Greenhouse Gas Sequestration Exploration Permits
s. 22
(a) to establish the characteristics and the extent
of any underground geological storage
formation in the permit area; and
(b) to assess the feasibility of injecting a
5 greenhouse gas substance into an
underground geological storage formation;
and
(c) to assess the suitability of an underground
geological storage formation for the
10 permanent storage of a greenhouse gas
substance; and
(d) to ensure that greenhouse gas sequestration
exploration is carried out in a manner that--
(i) protects the integrity of the
15 underground geological storage
formation; and
(ii) protects public health and the
environment from the impact of
greenhouse gas sequestration
20 exploration.
(2) The holder of an exploration permit must ensure
that the key objects of the work program specified
in subsection (1) are achieved to the maximum
extent that is practicable.
25 Division 2--Procedure for obtaining permits
22 Minister may invite tender applications for
exploration permits
(1) The Minister may invite applications for an
exploration permit to explore a specified area,
30 including a stratum of land.
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Part 3--Greenhouse Gas Sequestration Exploration Permits
s. 23
(2) The invitation must specify--
(a) the chief factors that will be considered by
the Minister in assessing applications; and
(b) a date by which applications must be made.
5 23 Application for permits
In addition to complying with section 147, an
applicant for an exploration permit must submit
details of--
(a) the work program proposed by the applicant;
10 and
(b) details of the applicant's relevant technical
qualifications and of the relevant technical
qualifications of the applicant's employees;
and
15 (c) details of the relevant technical advice
available to the applicant; and
(d) details of the financial resources available to
the applicant.
24 Chief factors to be taken into account in deciding
20 between competing applications
(1) This section applies if more than one application
is received in respect of an area and the Minister
decides to grant an exploration permit in respect
of the area.
25 (2) In determining which applicant, if any, is to be
granted the permit, the chief factors the Minister
must take into account are--
(a) the respective merits of the work programs
proposed by the applicants; and
30 (b) the likelihood that the work programs will be
carried out.
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Part 3--Greenhouse Gas Sequestration Exploration Permits
s. 25
(3) The chief factors in this section are in addition to
the chief factors specified in the invitation under
section 22(2).
25 Grant of exploration permit
5 (1) The Minister may grant or refuse to grant an
exploration permit.
(2) If the Minister decides to grant an exploration
permit, he or she must give every unsuccessful
applicant for the permit written notice of that
10 decision within 14 days after making it.
(3) If the Minister decides not to grant an exploration
permit to any of the applicants for the permit, he
or she must notify all applicants in writing of that
decision.
15 26 Minister may make new grant if former grant
refused
(1) This section applies if the Minister decides to
grant an exploration permit to an applicant who
responded to an invitation under section 22 but
20 who subsequently states in writing that the
applicant does not intend to accept the grant.
(2) The Minister may grant the permit to any other
applicant for the permit.
(3) This section applies regardless of how many times
25 the Minister has decided to grant the permit.
27 Procedure if initial invitation does not result in the
granting of a permit
(1) The Minister may invite further applications for
an exploration permit for an area if--
30 (a) no applications are received in response to an
invitation made under section 22 for that
area; or
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Greenhouse Gas Geological Sequestration Bill 2008
Part 3--Greenhouse Gas Sequestration Exploration Permits
s. 28
(b) the Minister refuses to grant an exploration
permit to any applicant who responded to
such an invitation; or
(c) no applicant who responded to such an
5 invitation is willing to accept the grant of the
exploration permit by the Minister.
(2) Sections 22(2), 23, 25 and 26 apply to
applications made in response to an invitation
under subsection (1).
10 (3) If more than one application is received, the
Minister must consider the applications in the
order in which they were received.
28 Restrictions on permit area
In issuing an exploration permit, the Minister
15 must ensure--
(a) that the area to which the permit applies
forms a continuous parcel of land; and
(b) that no part of the area to which the permit
applies is within an area that is already the
20 subject of an exploration permit.
29 Permit may be limited to a stratum of land
(1) An exploration permit may be granted--
(a) for a stratum of land; or
(b) without being limited to a particular stratum.
25 (2) The Minister must not grant a permit for a stratum
of land unless he or she determines that it is in the
public interest.
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Greenhouse Gas Geological Sequestration Bill 2008
Part 3--Greenhouse Gas Sequestration Exploration Permits
s. 30
30 Term of permit
An exploration permit expires on the
fifth anniversary of the day on which it is
registered in the greenhouse gas sequestration
5 register, unless it is cancelled or surrendered
earlier or unless this Act otherwise provides.
Division 3--Renewals
31 Renewal of permit
(1) The Minister may renew an exploration permit for
10 a further 5 years from the date of its expiry.
(2) A renewed exploration permit expires on the tenth
anniversary of the day on which the initial permit
was registered in the greenhouse gas sequestration
register, unless it is otherwise cancelled or
15 surrendered or unless this Act otherwise provides.
(3) The Minister may only renew an exploration
permit once.
32 Application for renewal
(1) The holder of an exploration permit may apply to
20 the Minister for renewal of the permit.
(2) A renewal application must be given to the
Minister at least 90 days before the exploration
permit is due to expire.
(3) On the payment of any late fee required by the
25 regulations for the purposes of this section, the
Minister may also consider any application for
renewal that does not comply with subsection (2).
(4) However, the Minister must not consider any
application to renew an exploration permit that is
30 made after the permit has expired.
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Greenhouse Gas Geological Sequestration Bill 2008
Part 3--Greenhouse Gas Sequestration Exploration Permits
s. 33
33 Other factors to be considered in renewing permits
(1) The Minister must renew an exploration permit
if--
(a) the holder of the permit applies for the
5 renewal in the form and manner required by
the Minister; and
(b) the application is accompanied by the
renewal fee set out in the regulations for the
purposes of this paragraph; and
10 (c) the permit holder has complied with the
conditions of the permit and all applicable
laws; and
(d) the application is accompanied by details of
the work program the holder of the permit
15 proposes to undertake if the permit is
renewed; and
(e) the Minister is satisfied that the proposed
work program is adequate.
(2) In any other case the Minister may renew a permit
20 if he or she is satisfied that there are special
circumstances that justify the renewal of the
permit.
34 Permit not to be renewed if key objects not achieved
(1) Despite section 33, the Minister must not renew
25 an exploration permit if the key objects of the
work program that were to have been conducted
under the permit have not been achieved to the
maximum extent that is practicable.
(2) Subsection (1) does not apply if the Minister is
30 satisfied that the failure was the result of one or
more events that were beyond the control of the
holder of the permit.
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Greenhouse Gas Geological Sequestration Bill 2008
Part 3--Greenhouse Gas Sequestration Exploration Permits
s. 35
35 Renewed permit area may be reduced
(1) In renewing an exploration permit, the Minister
may reduce the permit area.
(2) The Minister may reduce the permit area under
5 subsection (1) if--
(a) the holder of the permit nominates in the
application for renewal under section 32 an
area that the holder wishes to relinquish; or
(b) in the opinion of the Minister, it is in the
10 public interest.
36 Variation of work programs for renewed permits
(1) If an exploration permit is renewed, the holder of
the permit may apply to the Minister for
permission to vary the work program.
15 (2) The Minister may allow the holder of the permit
to vary the work program if the Minister is
satisfied that the variation will improve the work
program.
Division 4--Injection testing plans
20 37 When must an injection testing plan be prepared?
(1) The holder of an exploration permit must prepare
an injection testing plan before injecting a liquid
or gas into an underground geological storage
formation for the purpose of--
25 (a) testing the behaviour of the injected or stored
liquid or gas; or
(b) testing whether the geological formation is
geologically suitable for permanently storing
greenhouse gas substances.
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Greenhouse Gas Geological Sequestration Bill 2008
Part 3--Greenhouse Gas Sequestration Exploration Permits
s. 38
(2) An injection testing plan must be taken to form
part of the operation plan and may be submitted
by the holder of an exploration permit--
(a) with the operation plan required under
5 section 209; or
(b) at any later time by submitting a variation to
the operation plan under section 212.
38 What must an injection testing plan include?
An injection testing plan must include--
10 (a) information about where and how the
injection testing will be conducted; and
(b) details of the liquid or gas that will be
injected, including information about the
volume of liquid or gas to be injected and the
15 rate at which it is proposed to be injected;
and
(c) details about how any risks to public health
or the environment associated with the
injection testing will be prevented; and
20 (d) a monitoring and verification plan prepared
in accordance with the regulations and
detailing how the behaviour of any stored
greenhouse gas substance will be monitored;
and
25 (e) a risk management plan prepared in
accordance with the regulations; and
(f) information on the potential leakage and
migration path of an injected greenhouse gas
substance from the underground geological
30 formation.
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Greenhouse Gas Geological Sequestration Bill 2008
Part 3--Greenhouse Gas Sequestration Exploration Permits
s. 39
39 Plan to be approved before injection testing can
start
The holder of an exploration permit must not
carry out injection testing in the permit area unless
5 the Minister has approved the holder's injection
testing plan for the permit area.
Penalty: 240 penalty units.
40 Approval of injection testing plan
(1) Subject to section 41, the Minister may approve
10 an injection testing plan if he or she is satisfied
that the proposed injection testing--
(a) will not present a risk to public health or the
environment; and
(b) will not present a significant risk of
15 contaminating or sterilising other resources
in the permit area.
(2) The Minister may approve an injection testing
plan under this section subject to any conditions
that he or she considers necessary.
20 (3) The Minister may refer an injection testing plan to
an independent panel or any relevant public
authority for a recommendation concerning
acceptance of the plan.
41 Risk to the environment
25 (1) For the purposes of determining whether proposed
injection testing will present a risk to the
environment, the Minister must, within 21 days of
receiving an injection and testing plan for
approval, provide a copy of the proposed plan
30 to--
(a) the Minister administering the Environment
Protection Act 1970;
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Greenhouse Gas Geological Sequestration Bill 2008
Part 3--Greenhouse Gas Sequestration Exploration Permits
s. 42
(b) the Minister administering the Water Act
1989;
(c) the Environment Protection Authority.
(2) A person or body referred to in subsection (1) may
5 make a binding recommendation that the injection
and testing plan not be approved or be approved
subject to conditions if the person or body is of
the opinion that--
(a) the work that is proposed to be carried out
10 under the plan will present a risk to the
environment; or
(b) the applicant's proposed risk management
plan or monitoring and verification plan in
relation to the environment is inadequate.
15 (3) If a recommendation is made within 40 days after
the proposed plan is provided to a person or body
under this section, the recommendation is binding
on the Minister.
(4) If a person or body requests that the Department
20 provide further information in relation to an
application for approval of an injection testing
plan, the time in which the person or body may
make a recommendation does not include the
period from the date that the request for further
25 information is made until the date that the
information is received.
42 Contamination or sterilisation of a resource
(1) This section applies if, in the opinion of the
Minister, the proposed injection testing will
30 present a significant risk of contaminating or
sterilising other resources within the permit area
but will not present a risk to public health or the
environment.
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s. 43
(2) Despite section 40(1)(b), the Minister may
approve the plan if--
(a) the holder of an exploration permit has
consent to undertake the work proposed in
5 the plan from any holder of a resource
authority in the permit area if the resource
for which they hold an authority is likely to
be contaminated or sterilised; or
(b) in the opinion of the Minister, approval of
10 the plan is in the public interest.
43 Consent of other resource authority holders
An exploration permit holder who proposes to
undertake injection testing work that will present a
significant risk of contaminating or sterilising
15 other resources in the permit area must take all
reasonable steps to obtain consent to undertake
that work from any holder of a resource authority
in the permit area if the resource for which they
hold an authority is likely to be contaminated or
20 sterilised.
Penalty: 240 penalty units.
44 Referral of plans to independent panel
(1) Before approving an injection testing plan, the
Minister may refer the plan to an independent
25 panel or any relevant public authority for a
recommendation concerning acceptance of the
plan.
(2) Despite subsection (1), the Minister must refer an
injection testing plan to an independent panel or
30 relevant public authority before determining that
approval of the plan is in the public interest in
accordance with section 42(2)(b).
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s. 45
45 Appointment of panel
(1) The Minister may, by instrument, appoint a panel
of persons to consider applications for approval of
injection testing plans.
5 (2) The persons appointed to the panel must be
persons who have knowledge of or experience in
the matters that the panel is to consider.
(3) Subject to any specifications of the Minister when
appointing the panel, a panel may regulate its own
10 proceedings.
(4) The panel must cause a notice to be published in a
newspaper circulating generally in the area in
which the injection testing work is proposed to be
carried out inviting submissions on the approval
15 of the proposed plan within the period specified in
the notice.
(5) After considering all submissions referred or
made to it, the panel must report its findings in
writing to the Minister within the period specified
20 by the Minister.
(6) The panel may include in its report any
recommendations that it thinks fit.
(7) A member of a panel is entitled to be paid any
fees and allowances fixed by the Governor in
25 Council.
(8) If the Minister does not follow a recommendation
made by the panel, he or she must give written
reasons for that decision.
46 Community consultation
30 (1) This section applies if an applicant for approval of
an injection testing plan is not required to
undertake an Environmental Effects Statement in
accordance with the Environment Effects Act
1978 in respect of the works proposed in the plan.
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s. 46
(2) The Minister must, on receiving an application for
approval of an injection testing plan, cause to be
published in a newspaper circulating generally
throughout Victoria a notice providing--
5 (a) that the Minister has received an application
for approval of an injection testing plan; and
(b) details of the place or places at which a copy
or a summary of the application and a copy
or summary of the accompanying plan may
10 be examined; and
(c) that any person or body interested in the
application may request and on payment of
the prescribed fee receive from the Minister
a summary of the application; and
15 (d) that any person or body interested in the
application may within 21 days of the
publication of the notice comment in writing
on the application; and
(e) that any person or body interested in the
20 application may ask the Minister in writing
to be notified if the Minister approves the
injection testing plan.
(3) At the expiration of 21 days from the publication
of a notice under subsection (2) the Minister may
25 if any written comments have been received from
any person or body interested in the application in
accordance with subsection (2)(d) hold a
conference in accordance with section 47.
(4) The Minister must consider any written comments
30 received under subsection (2)(d) before approving
an injection testing plan.
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s. 47
(5) If the Minister receives a request under subsection
(2)(e), the Minister must notify the person or body
that made the request that it has approved the
injection testing plan by--
5 (a) sending notice of the issue to the person and
body (or if a request is made by a number of
people or bodies jointly, to a representative
of those people or bodies); or
(b) publishing notice of the issue in a newspaper
10 circulating generally throughout Victoria.
47 Conferences
(1) If the Minister is of the opinion that a conference
of persons concerned in any matter under
consideration by the Minister may assist in a just
15 resolution of the matter, the Minister may invite
all or any of the interested parties to a conference.
(2) All persons invited to attend a conference under
this section must be advised in writing of the time
and place at which the conference is to be held.
20 (3) A conference held under this section must be
presided over by the Minister or a person
nominated by the Minister for the purpose.
(4) The Minister must take into consideration the
discussions and resolutions of any conference
25 under this section and the recommendations of
any person presiding at that conference.
48 Compensation agreement
(1) If the Minister has approved an injection testing
plan in accordance with section 40, the
30 exploration permit holder must not carry out any
work under an approved injection testing plan
unless--
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s. 49
(a) the permit holder has entered into a
compensation agreement with the holder of a
resource authority for a resource in the
permit area that is likely to be contaminated
5 or sterilised; or
(b) VCAT has determined the amount of
compensation that is payable in relation to
the proposed work to the holder of a resource
authority for a resource in the permit area
10 that is likely to be contaminated or sterilised.
Penalty: 240 penalty units.
(2) A person may only make an application to VCAT
in respect of a claim after the expiry of any period
of time specified for the purposes of this section
15 by the regulations.
(3) A party who makes an application to VCAT is
only entitled to have that claim determined by
VCAT if VCAT is satisfied that the party has
attempted to settle the claim by conciliation, but
20 has not been able to do so because the other party
has refused to negotiate a settlement or because
both parties are unable to agree.
49 What compensation is payable for--resource
authority holders
25 (1) Compensation is payable by the holder of an
injection and monitoring licence to any holder of a
resource authority for any loss or damage that has
been, or will be, sustained in relation to the land
or resource as a direct, natural and reasonable
30 consequence of the carrying out of any activity
under the injection and monitoring plan including
for--
(a) deprivation of access to the resource; and
(b) loss of opportunity to recover or use the
35 resource.
561274B.I-10/9/2008 33 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 3--Greenhouse Gas Sequestration Exploration Permits
s. 50
50 Injection testing to be carried out in accordance
with approved plan
An exploration permit holder must ensure that
injection testing work is carried out in accordance
5 with--
(a) the approved injection testing plan; and
(b) the risk management plan prepared as part of
the injection testing plan; and
(c) the monitoring and verification plan prepared
10 as part of the injection testing plan; and
(d) any conditions attached to the approval of
the injection testing plan.
Penalty: 240 penalty units.
51 Minister may require variation of injection testing
15 plan
(1) The Minister may require the holder of an
exploration permit to vary the injection testing
plan and any risk management plan or monitoring
and verification plan prepared as part of that plan
20 that applies to the permit.
(2) The Minister may only do this after consulting
with the permit holder.
52 Minister to consult
(1) Before requiring the holder of an exploration
25 permit to vary the injection and testing plan and
any risk management plan or monitoring and
verification plan prepared as part of that plan, the
Minister must provide a copy of the proposed
variation to--
30 (a) the Minister administering the Environment
Protection Act 1970;
561274B.I-10/9/2008 34 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 3--Greenhouse Gas Sequestration Exploration Permits
s. 53
(b) the Minister administering the Water Act
1989;
(c) the Environment Protection Authority.
(2) A person or body referred to in subsection (1) may
5 make a recommendation that the variation to the
injection and testing plan not be required or be
required subject to conditions if the person or
body is of the opinion that--
(a) the work that is proposed to be carried out
10 under the varied plan will present a risk to
the environment; or
(b) the details about how any risks to the
environment will be managed are
inadequate, including details contained in
15 any risk management plan or monitoring and
verification plan.
(3) If a recommendation is made within 40 days after
the proposed plan is provided to a person or body
under this section, the recommendation is binding
20 on the Minister.
(4) If a person or body requests that the Department
provide further information in relation to an
application for approval of an injection testing
plan, the time in which the person or body may
25 make a recommendation does not include the
period from the date that the request for further
information is made until the date that the
information is received.
53 EPA may require variation of monitoring and
30 verification plan
(1) The Environment Protection Authority may
require the holder of an exploration permit to vary
the monitoring and verification plan prepared as
part of the injection testing plan.
561274B.I-10/9/2008 35 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 3--Greenhouse Gas Sequestration Exploration Permits
s. 54
(2) The Environment Protection Authority may only
do this after consulting with the permit holder.
(3) The Environment Protection Authority must
consult the Minister before requiring a variation
5 under subsection (1).
54 Minister may allow variation of injection testing
plan
(1) On the written application of the holder of an
exploration permit, the Minister may allow the
10 permit holder to vary the injection testing plan and
any risk management plan or monitoring and
verification plan prepared as part of that plan that
applies, or is to apply, to the permit.
(2) An application for variation of an injection testing
15 plan must be accompanied by an assessment of
the risks associated with the proposed variation.
(3) Sections 39 to 47 apply to an application for
approval of a variation.
55 Reporting
20 (1) If the holder of an exploration permit has an
approved injection testing plan, it is a condition of
the exploration permit that the holder of the
permit provide to the Minister a report on the
outcome of all monitoring and verification
25 activities carried out under the licence.
(2) A report under subsection (1) must be provided--
(a) at the times specified in the monitoring and
verification plan; or
(b) if no times are specified, every month.
30 (3) The Minister must ensure that a copy of each
report provided under this section is available for
public inspection on the greenhouse gas
sequestration register.
561274B.I-10/9/2008 36 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 3--Greenhouse Gas Sequestration Exploration Permits
s. 56
Division 5--Discovery of underground geological storage
formation
56 Minister must be told if underground geological
storage formation discovered
5 If the holder of an exploration permit discovers an
underground geological storage formation that is
likely to be geologically suitable for the
permanent storage of a greenhouse gas substance,
the permit holder--
10 (a) must immediately notify the Minister of the
discovery; and
(b) must within 3 working days after the
discovery give the Minister written details of
the discovery.
15 Penalty: 120 penalty units.
57 Minister may give directions if underground
geological storage formation discovered
(1) This section applies if the Minister is reasonably
satisfied that the holder of an exploration permit
20 has discovered an underground geological storage
formation that is likely to be geologically suitable
for the permanent storage of a greenhouse gas
substance.
(2) The Minister may require the permit holder to
25 apply for a retention lease or an injection and
monitoring licence in respect of the discovery.
(3) The requirement must be made in writing and
must allow the permit holder at least 90 days
within which to make the application.
30 (4) If the permit holder fails to comply with a
requirement made under this section, the Minister
may cancel the permit.
__________________
561274B.I-10/9/2008 37 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 4--Greenhouse Gas Sequestration Formation Retention Leases
s. 58
PART 4--GREENHOUSE GAS SEQUESTRATION
FORMATION RETENTION LEASES
58 Purpose of a retention lease
A retention lease enables the holder of an
5 exploration permit to retain the right to an
underground geological storage formation
identified as likely to be geologically suitable for
the injection and permanent storage of a
greenhouse gas substance that is not yet
10 commercially viable to develop under an injection
and monitoring licence, but which might become
viable to develop within 15 years.
59 Rights conferred by lease
A retention lease authorises the holder of the
15 lease, subject to and in accordance with the
conditions of the lease--
(a) to carry out greenhouse gas sequestration
formation exploration in the lease area; and
(b) to do any thing in the lease area that is
20 necessary for, or incidental to, that purpose;
and
(c) to retain a right to apply for an injection and
monitoring licence under Division 2 of
Part 5.
25 60 Right to apply for lease
(1) The holder of an exploration permit may apply to
the Minister for the grant of a retention lease in
respect of any part of the permit area on which the
holder has discovered an underground geological
30 storage formation that is likely to be geologically
suitable for the permanent storage of a greenhouse
gas substance but which was not commercially
viable for that purpose on the day on which the
application was made.
561274B.I-10/9/2008 38 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 4--Greenhouse Gas Sequestration Formation Retention Leases
s. 61
(2) An application for a retention lease must be made
at least 90 days before the applicant's exploration
permit is due to expire.
(3) On the payment of any late fee required by the
5 regulations for the purposes of this section, the
Minister may also consider any application for a
retention lease that does not comply with
subsection (2).
(4) However, the Minister must not consider any
10 application for a retention lease that is made after
the exploration permit has expired.
61 Details to be supplied with application
In addition to complying with section 147, an
applicant for a retention lease must submit details
15 of--
(a) the area in respect of which the lease is
sought; and
(b) the geological suitability of the underground
storage formation for the permanent storage
20 of a greenhouse gas substance; and
(c) the commercial viability of injecting and
permanently storing a greenhouse gas
substance in the geological formation at the
time at which the application is made; and
25 (d) the possible future commercial viability of
injecting and permanently storing a
greenhouse gas substance in that geological
formation.
62 Grant of lease
30 (1) The Minister may grant or refuse to grant a
retention lease.
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Greenhouse Gas Geological Sequestration Bill 2008
Part 4--Greenhouse Gas Sequestration Formation Retention Leases
s. 63
(2) The Minister must grant a retention lease if he or
she is satisfied that--
(a) the applicant has discovered an underground
geological storage formation in the lease area
5 that is likely to be geologically suitable for
the injection and permanent storage of a
greenhouse gas substance; and
(b) the applicant has demonstrated that any
greenhouse gas substance injected into the
10 underground geological storage formation is
likely to be contained in the underground
geological storage formation; and
(c) the applicant did not have access to a
commercially viable volume of greenhouse
15 gas substance for injection and permanent
storage on the day that the application for the
lease was made but is likely to have access to
such a volume within the next 15 years.
(3) The Minister must refuse to grant a retention lease
20 if he or she is not satisfied of any of the matters in
subsection (2).
63 Work program
In addition to the requirements set out in
section 148, the proposed work program must--
25 (a) outline how the applicant intends to resolve
any uncertainty in relation to the geological
suitability of the underground geological
storage formation for the permanent storage
of a greenhouse gas substance; and
30 (b) outline the work that the applicant intends to
carry out in order to identify an underground
geological storage formation that is
geologically suitable for the permanent
storage of a greenhouse gas substance and
35 which is commercially viable for that
purpose.
561274B.I-10/9/2008 40 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 4--Greenhouse Gas Sequestration Formation Retention Leases
s. 64
64 Area to which lease applies
(1) The Minister may grant a retention lease in
respect of all or part of the area for which the
lease is sought.
5 (2) In granting a retention lease, the Minister must--
(a) ensure that the lease area is the minimum
area necessary--
(i) to cover the maximum extent of the
underground geological storage
10 formation identified as being likely to
be geologically suitable for the
injection and permanent storage of a
greenhouse gas substance; and
(ii) to enable the future use of any other
15 underground geological storage
formation for the injection and
permanent storage of a greenhouse gas
substance; and
(b) allow for the potential migration path of an
20 injected greenhouse gas substance to ensure
that the injected greenhouse gas substance is
likely to be contained in the lease area or any
combined area of a development agreement.
(3) Nothing in this section authorises the Minister to
25 include in the lease area any area that was not
within the area to which the lease holder's
exploration permit applied.
65 Permit may be limited to a stratum of land
(1) A retention lease may be granted--
30 (a) for a stratum of land; or
(b) without being limited to a particular stratum.
561274B.I-10/9/2008 41 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 4--Greenhouse Gas Sequestration Formation Retention Leases
s. 66
(2) The Minister must not grant a lease for a stratum
of land unless he or she determines that it is in the
public interest.
66 Term of lease
5 (1) The Minister may grant a retention lease for a
period not exceeding 5 years.
(2) A retention lease expires on the date specified by
the Minister in the lease, unless it is cancelled or
surrendered or unless this Act otherwise provides.
10 67 Renewal of lease
(1) The Minister may renew a retention lease for a
further period not exceeding 5 years from the date
of its expiry.
(2) The Minister may renew a retention lease that has
15 been renewed under subsection (1) for a further
period not exceeding 5 years from the date the
renewed lease expired.
(3) The Minister may only renew a retention lease
under subsection (2) once.
20 68 Procedure if lease not to be granted
The Minister must not refuse to grant a retention
lease unless the Minister--
(a) has given the applicant for the lease not less
than 30 days written notice of the Minister's
25 intention to refuse to grant the lease; and
(b) has served a copy of the notice on any other
people that the Minister considers may have
an interest in the refusal; and
(c) has, in the notice--
30 (i) given detailed reasons for the proposed
refusal; and
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Greenhouse Gas Geological Sequestration Bill 2008
Part 4--Greenhouse Gas Sequestration Formation Retention Leases
s. 69
(ii) invited the person who is given the
notice to make any submissions the
person wishes to make by a specified
date; and
5 (d) has considered any submissions made on or
before the specified date in response to such
an invitation.
69 Minister may require review of commercial viability
(1) The Minister may require the holder of a retention
10 lease to re-evaluate the commercial viability of
injecting and permanently storing a greenhouse
gas substance in an underground geological
storage formation in the lease area and to report to
the Minister in writing the results of the
15 re-evaluation.
(2) In making such a requirement, the Minister--
(a) must give the holder of the lease written
notice of the requirement; and
(b) must allow the holder of the lease at least
20 90 days within which to comply with the
requirement.
(3) The Minister may, on the written application of
the holder of the lease, allow the holder of the
lease more time within which to comply with a
25 requirement made under this section.
(4) The Minister may not make a requirement under
this section if the holder of the lease has already
complied with a requirement made under this
section on 2 occasions in the 5 years immediately
30 before the making of the requirement.
(5) If the holder of the lease fails to comply with a
requirement under this section, the Minister may
cancel the lease.
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Greenhouse Gas Geological Sequestration Bill 2008
Part 4--Greenhouse Gas Sequestration Formation Retention Leases
s. 70
70 Minister may give directions if permanent storage
viable
(1) This section applies if, after receiving a report
under section 69, the Minister is of the opinion
5 that the permanent storage of a greenhouse gas in
an underground geological storage formation in
the lease area is commercially viable.
(2) The Minister may require the lease holder to apply
for an injection and monitoring licence in respect
10 of the lease area.
(3) Such a requirement must be made in writing and
must allow the lease holder at least 90 days within
which to make the application.
(4) If the holder of the lease fails to comply with a
15 requirement under this section, the Minister may
cancel the lease.
__________________
561274B.I-10/9/2008 44 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 5--Greenhouse Gas Substance Injection and Monitoring Licence
s. 71
PART 5--GREENHOUSE GAS SUBSTANCE INJECTION AND
MONITORING LICENCE
Division 1--Rights conferred by licence
71 Rights conferred by licence
5 A greenhouse gas substance injection and
monitoring licence authorises the holder of the
licence, subject to and in accordance with the
conditions of the licence--
(a) to carry out greenhouse gas substance
10 injection and monitoring in the licence area;
and
(b) to carry out greenhouse gas sequestration
formation exploration in the licence area;
and
15 (c) to do any thing in the licence area that is
necessary for, or incidental to, those
purposes.
Division 2--Application for licence by holders of permits or
leases
20 72 Application for licence
The holder of an exploration permit or a retention
lease may apply to the Minister for the grant of a
greenhouse gas substance injection and
monitoring licence in respect of any part of the
25 permit or lease area on which the holder has
discovered an underground geological storage
formation likely to be geologically suitable for the
permanent storage of a greenhouse gas substance
and which is commercially viable for that
30 purpose.
561274B.I-10/9/2008 45 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 5--Greenhouse Gas Substance Injection and Monitoring Licence
s. 73
73 Details to be supplied with application
(1) In addition to complying with section 147, the
application for an injection and monitoring licence
made under this Division must include--
5 (a) details of the area in respect of which the
licence is sought; and
(b) an assessment of the suitability of the
underground geological storage formation
for the permanent storage of a greenhouse
10 gas substance; and
(c) details of the nature and volume of the
greenhouse gas substance proposed to be
injected into the underground geological
storage formation; and
15 (d) any other matters that are prescribed.
(2) In addition to the requirements set out in
section 148, the proposed work program
submitted with an application for an injection and
monitoring licence must specify a date for
20 commencement of commercial scale injection of a
greenhouse gas substance into an underground
geological storage formation that is within the
maximum time period prescribed in the
regulations.
25 Division 3--Application for licence under tender process
74 Minister may invite tender applications
(1) The Minister may invite applications for the grant
of an injection and monitoring licence in respect
of an area if--
30 (a) in the opinion of the Minister, the area
contains an underground geological storage
formation that is likely to be geologically
suitable for the injection and permanent
storage of a greenhouse gas substance; and
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Greenhouse Gas Geological Sequestration Bill 2008
Part 5--Greenhouse Gas Substance Injection and Monitoring Licence
s. 75
(b) the area--
(i) is not the subject of an exploration
permit, a retention lease or an injection
and monitoring licence; or
5 (ii) was the subject of an exploration
permit, a retention lease or an injection
and monitoring licence that has expired
or that has been cancelled in respect of
that area.
10 (2) The invitation must specify--
(a) the chief factors that will be considered by
the Minister; and
(b) the date by which applications must be
made.
15 (3) The invitation may specify--
(a) that an applicant must specify the amount
that it is willing to pay for the grant of the
licence; and
(b) the basis on which applications will be
20 primarily decided.
75 Applications
(1) In addition to complying with section 147, an
applicant for a licence under this Division--
(a) must submit details of--
25 (i) the applicant's relevant technical
qualifications and of the relevant
technical qualifications of its
employees; and
(ii) the relevant technical advice available
30 to the applicant; and
(iii) the financial resources available to the
applicant; and
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Greenhouse Gas Geological Sequestration Bill 2008
Part 5--Greenhouse Gas Substance Injection and Monitoring Licence
s. 76
(b) must submit details of the greenhouse gas
substance available to the applicant for
injection and permanent storage, including
details of the nature and volume of the
5 greenhouse gas substance proposed to be
injected; and
(c) must include an assessment of the suitability
of the underground geological storage
formation for the permanent storage of the
10 greenhouse gas substance specified in
paragraph (b); and
(d) must include any other matters that are
prescribed or required to be included in the
invitation; and
15 (e) if the invitation requires applicants to specify
an amount that they are willing to pay for the
grant of the licence, must be accompanied by
a deposit of 10% of the amount bid.
(2) In addition to the requirements set out in
20 section 148, the proposed work program
submitted with an application for a greenhouse
gas stream injection and monitoring licence must
specify a date for commencement of commercial
scale injection of a greenhouse gas substance into
25 an underground geological storage formation that
is within the maximum time period prescribed in
the regulations.
76 Procedure for deciding between competing bids
(1) The Minister must decide between competing
30 applications on the basis of the chief factors
specified in the invitation for the applications.
(2) Nothing in this section requires the Minister to
grant an application that, in the opinion of the
Minister, is deficient or defective or not in the
35 public interest.
561274B.I-10/9/2008 48 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 5--Greenhouse Gas Substance Injection and Monitoring Licence
s. 77
77 Notice to be given to applicants
(1) If the Minister decides to grant an injection and
monitoring licence, he or she must give every
unsuccessful applicant for the licence written
5 notice of that decision within 14 days of making
it.
(2) If the Minister decides not to grant an injection
and monitoring licence, he or she must notify all
applicants in writing of that decision.
10 78 Refund of deposits
(1) The Minister must refund any deposit paid under
section 75(1)(e) by an applicant who is not
granted an injection and monitoring licence.
(2) If, in the opinion of the Minister, there are
15 exceptional circumstances or the interests of
fairness so require, the Minister may refund the
deposit of an applicant who is granted a licence,
but who does not accept the grant.
79 Minister may make new grant if former grant
20 refused
(1) This section applies if the Minister decides to
grant a greenhouse gas injection and monitoring
licence under this Division to an applicant but the
applicant states in writing that the applicant does
25 not intend to accept the grant.
(2) Subject to section 76, the Minister may grant the
licence to any other applicant for the licence.
(3) This section applies regardless of how many times
the Minister has decided to grant the licence.
561274B.I-10/9/2008 49 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 5--Greenhouse Gas Substance Injection and Monitoring Licence
s. 80
80 Extension of time in which to make licence payment
On the written application of the person made
within 90 days after receiving notice that it has
been granted an injection and monitoring licence,
5 the Minister may extend by up to 90 days the
period within which the person may pay a
required amount for the licence.
81 Minister must not issue licence unless cash bid paid
Subject to section 80, if the applicant specified an
10 amount that the applicant was willing to pay for
the grant of an injection and monitoring licence,
the Minister must not issue a licence to an
applicant unless the applicant has paid the amount
bid for the licence.
15 Division 4--General provisions
82 Grant of a licence
(1) The Minister may grant or refuse to grant an
injection and monitoring licence.
(2) In determining whether to grant an injection and
20 monitoring licence, the chief factors the Minister
must take into account are--
(a) the merits of the work program proposed by
the applicant; and
(b) the likelihood that the work program will be
25 carried out; and
(c) the applicant's assessment of the suitability
of the underground geological storage
formation for the storage of the identified
greenhouse gas substance; and
30 (d) the likelihood that the greenhouse gas
substance will be permanently contained in
the licence area; and
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Greenhouse Gas Geological Sequestration Bill 2008
Part 5--Greenhouse Gas Substance Injection and Monitoring Licence
s. 83
(e) if the application is made in response to an
invitation under section 74, any other factors
specified in the invitation.
83 Minister to be satisfied of certain matters
5 (1) The Minister must not grant an injection and
monitoring licence unless the Minister is satisfied
that--
(a) the applicant has access to a commercially
viable volume of greenhouse gas substance;
10 and
(b) the underground geological storage
formation is likely to be geologically suitable
for the injection and permanent storage of
the identified greenhouse gas substance; and
15 (c) the greenhouse gas substance is likely to be
permanently contained in the area for which
the licence is proposed to be granted.
(2) In granting an injection and monitoring licence,
the Minister must also consider the chief factors
20 specified in section 82.
84 Restrictions on area to which licence applies
(1) The Minister may grant an injection and
monitoring licence in respect of all or part of the
area in respect of which the licence is sought.
25 (2) In granting an injection and monitoring licence,
the Minister must--
(a) ensure that the licence area is the minimum
area necessary--
(i) to cover the maximum extent of the
30 underground geological storage
formation identified as being likely to
be geologically suitable for the
injection and permanent storage of a
greenhouse gas substance; and
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Greenhouse Gas Geological Sequestration Bill 2008
Part 5--Greenhouse Gas Substance Injection and Monitoring Licence
s. 85
(ii) to enable the future use of any other
underground geological storage
formation for the injection and
permanent storage of a greenhouse gas
5 substance; and
(b) allow for the potential migration path of an
injected greenhouse gas substance to ensure
that the injected greenhouse gas substance is
likely to be contained in the licence area or
10 any combined area of a development
agreement.
(3) In the case of licences granted under Division 2,
nothing in this section authorises the Minister to
include in the licence area any area that was not
15 within the area to which the licence holder's
exploration permit or retention lease applied at the
time it applied for the licence.
85 Licence may be limited to a stratum of land
(1) An injection and monitoring licence may be
20 granted--
(a) for a stratum of land; or
(b) without being limited to a particular stratum.
(2) The Minister must not grant a licence for a
stratum of land unless he or she determines that it
25 is in the public interest.
86 Licence may be limited to a specified volume
(1) The Minister may grant an injection and
monitoring licence in respect of a specified
volume of greenhouse gas substance.
561274B.I-10/9/2008 52 BILL LA INTRODUCTION 10/9/2008
Greenhouse Gas Geological Sequestration Bill 2008
Part 5--Greenhouse Gas Substance Injection and Monitoring Licence
s. 87
(2) In specifying a volume of greenhouse gas
substance, the Minister must have regard to--
(a) the estimated storage capacity of the
underground geological formation in which
5 the applicant proposes to inject a greenhouse
gas substance; and
(b) the volume of greenhouse gas substance that
the applicant proposes to inject.
(3) The Minister must not specify a larger volume of
10 greenhouse gas substance than is identified in the
applicant's approved injection and monitoring
plan.
87 Further licence may be granted where greenhouse
gas injection work completed
15 (1) The Minister may grant an injection and
monitoring licence in respect of land for which the
holder of another injection and monitoring licence
has surrendered the right to inject a greenhouse
gas substance.
20 (2) A further injection and monitoring licence may
only be granted in respect of land to which
subsection (1) applies if the Minister is satisfied
that granting a further licence--
(a) is in the public interest; and
25 (b) will not interfere with the post-injection
monitoring and verification activities of the
existing licence holder; and
(c) will not present a significant risk of
contaminating or sterilising other resources
30 in the proposed licence area.
(3) The Minister must consult with the existing
licence holder before granting a further injection
and monitoring licence under this section.
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Greenhouse Gas Geological Sequestration Bill 2008
Part 5--Greenhouse Gas Substance Injection and Monitoring Licence
s. 88
(4) If the Minister grants a further injection and
monitoring licence under this section, the Minister
must advise the existing licence holder in writing
of that decision.
5 88 Term of licence
An injection and monitoring licence continues in
force until it is cancelled or surrendered or this
Act otherwise provides.
Division 5--Injection of greenhouse gas substance
10 89 Direction if greenhouse gas substance injection not
to the Minister's satisfaction
(1) If a greenhouse gas substance is being injected in
a licence area, the Minister may direct the holder
of the licence to take all necessary and practicable
15 steps to change the volume of, or rate at which,
the greenhouse gas substance is being injected in
the area.
(2) The Minister may only give a direction if, in the
opinion of the Minister, the direction is necessary
20 to ensure that the greenhouse gas substance is
injected in a manner that--
(a) will enable more effective greenhouse gas
substance injection and monitoring; or
(b) will maximise the volume of the greenhouse
25 gas substance that is able to be stored.
(3) If the Minister gives a direction but is not satisfied
with the steps taken or being taken by the holder
of the licence, the Minister may direct the holder
of the licence to do anything else that the Minister
30 thinks is necessary for, or in relation to, changing
the volume of, or rate at which, the greenhouse
gas substance is being injected in the area.
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Greenhouse Gas Geological Sequestration Bill 2008
Part 5--Greenhouse Gas Substance Injection and Monitoring Licence
s. 90
90 Form of direction
A direction given under this Division must be in
writing.
91 Licence holder must comply with directions
5 The holder of a greenhouse gas injection and
monitoring licence must comply with a direction
validly given under this Division.
Penalty: 240 penalty units.
92 Completion of injection activities
10 (1) On the completion of injection activities under the
injection and monitoring plan, the holder of a
greenhouse gas injection and monitoring licence
must--
(a) notify the Minister in writing that the
15 injection activities have been completed; and
(b) remove all infrastructure associated with the
injection activities including plugging or
closing off any wells; and
(c) rehabilitate the site where the injection
20 activities took place; and
(d) surrender the right to inject a greenhouse gas
substance under the licence.
Penalty: 240 penalty units.
(2) In surrendering the right to inject a greenhouse
25 gas substance under the licence, the holder of a
greenhouse gas injection and monitoring licence is
not taken to have surrendered that licence.
(3) The Minister must amend a greenhouse gas
injection and monitoring licence (including any
30 condition of the licence) for the purpose of giving
effect to the surrender of a right to inject a
greenhouse gas substance.
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Division 6--Injection and monitoring plan
93 Injection and monitoring plan
(1) An injection and monitoring plan is a plan in
relation to an injection and monitoring licence that
5 sets out how greenhouse gas substance injection
and monitoring operations will be conducted in
the licence area.
(2) An injection and monitoring plan must be taken to
form part of the operation plan and may be
10 submitted by the holder of an injection and
monitoring licence--
(a) with the operation plan required under
section 209; or
(b) at any later time by submitting a variation to
15 the operation plan under section 212.
94 Content of injection and monitoring plan
An injection and monitoring plan must include--
(a) details of the activities that the licence holder
intends to conduct and the proposed dates by
20 which those activities are to be completed;
and
(b) details of physical, hydrological, geological,
chemical and biological conditions of the
land in the licence area for the purposes of
25 developing a baseline for managing and
monitoring any change to those conditions;
and
(c) details of the nature of the greenhouse gas
substance to be injected into the underground
30 geological formation; and
(d) a verifiable estimate of the storage capacity
of the underground geological storage
formation; and
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(e) a verifiable estimate of the rate and volume
of greenhouse gas substance that is proposed
to be injected; and
(f) a description of the proposed injection and
5 monitoring techniques; and
(g) an assessment of the potential leakage and
migration path of an injected greenhouse gas
substance from the underground geological
storage formation; and
10 (h) an assessment of the effect any leakage a
greenhouse gas substance might have on
public health, the environment and other
resources; and
(i) an assessment of the likelihood of leakage of
15 a greenhouse gas substance, including
leakage arising--
(i) during the injection and monitoring of a
greenhouse gas substance; and
(ii) after the right to inject a greenhouse gas
20 substance has been surrendered; and
(iii) after a greenhouse gas injection and
monitoring licence has been
surrendered; and
(j) a monitoring and verification plan prepared
25 in accordance with the regulations and
detailing how the behaviour of any stored
greenhouse gas substance will be monitored;
and
(k) a risk management plan prepared in
30 accordance with the regulations; and
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(l) an estimate of the cost of carrying out the
monitoring and verification activities after
the greenhouse gas injection and monitoring
licence has been surrendered; and
5 (m) any other prescribed matters.
95 Plan to be approved before injection and monitoring
can start
The holder of an injection and monitoring licence
must not carry out greenhouse gas substance
10 injection and monitoring in the licence area unless
the Minister has approved the holder's greenhouse
gas substance injection and monitoring plan for
the licence area.
Penalty: 240 penalty units.
15 96 Approval of injection and monitoring plan
(1) The Minister must not approve an injection and
monitoring plan unless he or she is satisfied that--
(a) the underground geological storage
formation is geologically suitable for the
20 injection and permanent storage of a
greenhouse gas substance; and
(b) the use of the underground geological
storage formation for the injection and
permanent storage of greenhouse gas
25 substances will not present a significant risk
of contaminating or sterilising other
resources within the licence area; and
(c) the injected greenhouse gas substance will be
contained within the licence area; and
30 (d) subject to section 97, the injection and
permanent storage of the greenhouse gas
substance will not present a risk to public
health or the environment.
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(2) The Minister may approve an injection and
monitoring plan under this section subject to any
terms and conditions that he or she considers
necessary.
5 97 Risk to the environment
(1) For the purposes of determining whether the
injection and permanent storage of a greenhouse
gas substance will present a risk to the
environment, the Minister must, within 21 days of
10 receiving an injection and monitoring plan for
approval, provide a copy of the proposed plan
to--
(a) the Minister administering the Environment
Protection Act 1970;
15 (b) the Minister administering the Water Act
1989;
(c) the Environment Protection Authority.
(2) A person or body referred to in subsection (1) may
make a recommendation that the injection and
20 monitoring plan not be approved or be approved
subject to conditions if the person or body is of
the opinion that--
(a) the work that is proposed to be carried out
under the plan will present a risk to the
25 environment; or
(b) the applicant's proposed risk management
plan in relation to the environment is
inadequate; or
(c) the applicant's proposed monitoring and
30 verification plan, including the estimated
cost of carrying out monitoring and
verification activities after surrendering the
greenhouse gas injection and monitoring
licence, is inadequate.
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(3) If a recommendation is made within 40 days after
the proposed plan is provided to a person or body
under this section, the recommendation is binding
on the Minister.
5 (4) If a person or body requests that the Department
provide further information in relation to an
application for approval of an injection and
monitoring plan, the time in which the person or
body may make a recommendation does not
10 include the period from the date that the request
for further information is made until the date that
the information is received.
98 Contamination or sterilisation of a resource
(1) This section applies if, in the opinion of the
15 Minister, the proposed injection and permanent
storage of the greenhouse gas substance will
present a significant risk of contaminating or
sterilising other resources within the licence area
but will not present a risk to public health or the
20 environment.
(2) Despite section 96(1)(b), the Minister may
approve the plan if--
(a) the injection and monitoring licence holder
has consent to undertake the work proposed
25 in the plan from any holder of a resource
authority in the licence area if the resource
for which they hold an authority is likely to
be contaminated or sterilised; or
(b) in the opinion of the Minister, approval of
30 the plan is in the public interest.
99 Consent of other resource authority holders
An injection and monitoring licence holder who
proposes to undertake work that will present a
significant risk of contaminating or sterilising
35 other resources in the licence area must take all
reasonable steps to obtain consent to undertake
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that work from any holder of a resource authority
in the licence area if the resource for which they
hold an authority is likely to be contaminated or
sterilised.
5 Penalty: 240 penalty units.
100 Referral of plans to independent panel
(1) Before approving an injection and monitoring
plan, the Minister may refer the plan to an
independent panel or any relevant public authority
10 for a recommendation concerning acceptance of
the plan.
(2) Despite subsection (1), the Minister must refer an
injection and monitoring plan to an independent
panel or relevant public authority before
15 determining that approval of the plan is in the
public interest in accordance with
section 98(2)(b).
101 Appointment of panel
(1) The Minister may, by instrument, appoint a panel
20 of persons to consider applications for approval of
injection and monitoring plans.
(2) The persons appointed to the panel must be
persons who have knowledge of or experience in
the matters that the panel is to consider.
25 (3) Subject to any specifications of the Minister when
appointing the panel, a panel may regulate its own
proceedings.
(4) The panel must cause a notice to be published in a
newspaper circulating generally in the area in
30 which the injection and permanent storage of the
greenhouse gas substance is proposed to be
carried out inviting submissions on the approval
of the proposed plan within the period specified in
the notice.
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(5) After considering all submissions referred or
made to it, the panel must report its findings in
writing to the Minister within the period specified
by the Minister.
5 (6) The panel may include in its report any
recommendations that it thinks fit.
(7) A member of a panel is entitled to be paid any
fees and allowances fixed by the Governor in
Council.
10 (8) If the Minister does not follow a recommendation
made by the panel, he or she must give written
reasons for that decision.
102 Community consultation
(1) This section applies if an applicant for approval of
15 an injection and monitoring plan is not required to
undertake an Environmental Effects Statement in
accordance with the Environment Effects Act
1978 in respect of the works proposed in the plan.
(2) The Minister must, on receiving an application for
20 approval of an injection and monitoring plan,
cause to be published in a newspaper circulating
generally throughout Victoria a notice
providing--
(a) that the Minister has received an application
25 for approval of an injection and monitoring
plan; and
(b) details of the place or places at which a copy
or a summary of the application and a copy
or summary of the accompanying plan may
30 be examined; and
(c) that any person or body interested in the
application may request and on payment of
the prescribed fee receive from the Minister
a summary of the application; and
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(d) that any person or body interested in the
application may within 21 days of the
publication of the notice comment in writing
on the application; and
5 (e) that any person or body interested in the
application may ask the Minister in writing
to be notified if the Minister approves the
injection and monitoring plan.
(3) At the expiration of 21 days from the publication
10 of a notice under subsection (2) the Minister may
if any written comments have been received from
any person or body interested in the application in
accordance with subsection (2)(d) hold a
conference in accordance with section 103.
15 (4) The Minister must consider any written comments
received under subsection (2)(d) before approving
an injection testing plan.
(5) If the Minister receives a request under subsection
(2)(e), the Minister must notify the person or body
20 that made the requests that it has approved the
injection and monitoring plan by--
(a) sending notice of the issue to the person or
body (or if a request is made by a number of
people or bodies jointly, to a representative
25 of those people or bodies); or
(b) publishing notice of the issue in a newspaper
circulating generally throughout Victoria.
103 Conferences
(1) If the Minister is of the opinion that a conference
30 of persons concerned in any matter under
consideration by the Minister may assist in a just
resolution of the matter, the Minister may invite
all or any of the interested parties to a conference.
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(2) All persons invited to attend a conference under
this section must be advised in writing of the time
and place at which the conference is to be held.
(3) A conference held under this section must be
5 presided over by the Minister or a person
nominated by the Minister for the purpose.
(4) The Minister must take into consideration the
discussions and resolutions of any conference
under this section and the recommendations of
10 any person presiding at that conference.
104 Compensation agreement
(1) If the Minister has approved an injection and
monitoring plan in accordance with section 96, the
injection and monitoring licence holder must not
15 carry out any activity under an approved injection
and monitoring plan unless--
(a) the licence holder has entered into a
compensation agreement with the holder of a
resource authority for a resource in the
20 licence area that is likely to be contaminated
or sterilised; or
(b) VCAT has determined the amount of
compensation that is payable in relation to
the proposed work to the holder of a resource
25 authority for a resource in the licence area
that is likely to be contaminated or sterilised.
Penalty: 240 penalty units.
(2) A person may only make an application to VCAT
in respect of a claim after the expiry of any period
30 of time specified for the purposes of this section
by the regulations.
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(3) A party who makes an application to VCAT is
only entitled to have that claim determined by
VCAT if VCAT is satisfied that the party has
attempted to settle the claim by conciliation, but
5 has not been able to do so because the other party
has refused to negotiate a settlement or because
both parties are unable to agree.
105 What compensation is payable for--resource
authority holders
10 Compensation is payable by the holder of an
injection and monitoring licence to any holder of a
resource authority for any loss or damage that has
been, or will be, sustained in relation to the land
or resource as a direct, natural and reasonable
15 consequence of the carrying out of any activity
under the injection and monitoring plan including
for--
(a) deprivation of access to the resource; and
(b) loss of opportunity to recover or use the
20 resource.
106 Injection and monitoring plan must be adhered to
The holder of an injection and monitoring licence
must ensure that greenhouse gas substance
injection and monitoring is carried out in
25 accordance with--
(a) the injection and monitoring plan; and
(b) the risk management plan prepared as part of
the injection and monitoring plan; and
(c) the monitoring and verification plan prepared
30 as part of that plan; and
(d) any conditions attached to the approval of
the injection and monitoring plan.
Penalty: 240 penalty units.
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107 Minister may require variation of injection and
monitoring plan
(1) The Minister may require the holder of an
injection and monitoring licence to vary the
5 injection and monitoring plan including any risk
management plan or monitoring and verification
plan prepared as part of that plan that applies to
the licence.
(2) The Minister may only do this after consulting
10 with the holder of the licence.
108 Minister to consult
(1) Before requiring the holder of an injection and
monitoring licence to vary the injection and
monitoring plan and any risk management plan or
15 monitoring and verification plan prepared as part
of that plan, the Minister must provide a copy of
the proposed variation to--
(a) the Minister administering the Environment
Protection Act 1970;
20 (b) the Minister administering the Water Act
1989;
(c) the Environment Protection Authority.
(2) A person or body referred to in subsection (1) may
make a recommendation that the variation to the
25 injection and monitoring plan not be required or
be required subject to conditions if the person or
body is of the opinion that--
(a) the work that is proposed to be carried out
under the varied plan will present a risk to
30 the environment; or
(b) the details about how any risks to the
environment will be managed are
inadequate, including details contained in
any risk management plan or monitoring and
35 verification plan.
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(3) If a recommendation is made within 40 days after
the proposed plan is provided to a person or body
under this section, the recommendation is binding
on the Minister.
5 (4) If a person or body requests that the Department
provide further information in relation to an
application for approval of an injection testing
plan, the time in which the person or body may
make a recommendation does not include the
10 period from the date that the request for further
information is made until the date that the
information is received.
109 EPA may require variation of monitoring and
verification plan
15 (1) The Environment Protection Authority may
require the holder of an injection and monitoring
licence to vary the monitoring and verification
plan prepared as part of the injection and
monitoring plan.
20 (2) The Environment Protection Authority may only
do this after consulting with the permit holder.
(3) The Environment Protection Authority must
consult the Minister before requiring a variation
under subsection (1).
25 110 Minister may allow variation of injection and
monitoring plan
(1) On the written application of the holder of an
injection and monitoring licence, the Minister may
allow the holder of the licence to vary the
30 injection and monitoring plan including any risk
management plan or monitoring and verification
plan prepared as part of that plan that applies, or is
to apply, to the licence.
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(2) An application for variation of an injection and
monitoring plan must be accompanied by an
assessment of the risks associated with the
proposed variation.
5 (3) Sections 96 to 103 apply to an application for
approval of a variation.
Division 7--Conditions of greenhouse gas substance
injection and monitoring licence
111 Reporting
10 (1) If the holder of an injection and monitoring
licence has an approved injection and monitoring
plan, it is a condition of the injection and
monitoring licence that the holder of the licence
provide to the Minister a report on the outcome of
15 all monitoring and verification activities carried
out under the licence.
(2) A report under subsection (1) must be provided--
(a) at the times specified in the monitoring and
verification plan; or
20 (b) if no times are specified in the monitoring
and verification plan, every three months.
(3) The Minister must ensure that a copy of each
report provided under this section is available for
public inspection on the greenhouse gas
25 sequestration register.
112 Payment of long-term monitoring and verification
costs
(1) It is a condition of an injection and monitoring
licence that the holder of the licence must pay an
30 annual instalment of the estimated long-term
monitoring and verification costs set out in the
approved injection and monitoring plan.
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(2) The annual instalment amount is to be a
percentage fixed by the Minister of the total
estimated cost.
(3) The licence holder must pay each instalment by
5 the date that it is due to be paid.
Division 8--Permanent storage of greenhouse gas substance
by a third party
113 Agreement to store greenhouse gas substance
(1) An injection and monitoring licence holder may
10 enter into an agreement with any person for or in
relation to the injection and permanent storage of
a greenhouse gas substance in an underground
geological storage formation in the licence area.
(2) An agreement under this section must not be
15 inconsistent with this Act or the licence.
114 Minister may direct licence holder to store
greenhouse gas substance
(1) If a licence holder fails to enter an agreement
under section 113, the person seeking that
20 agreement (the applicant) may apply in writing to
the Minister for a direction under subsection (2).
(2) The Minister may direct the holder of a
greenhouse gas injection and monitoring licence
to inject and permanently store a greenhouse gas
25 substance in an underground geological storage
formation in the licence area if the Minister is
satisfied that--
(a) the underground geological storage
formation has the capacity to store the
30 greenhouse gas substance owned by the
applicant; and
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(b) the composition of the greenhouse gas
substance owned by the applicant is
geologically suitable for injection and
permanent storage in the underground
5 geological storage formation; and
(c) injecting the applicant's greenhouse gas
substance will not significantly interfere with
the activities of the licence holder being
carried out under the licence; and
10 (d) the injection and permanent storage of the
applicant's greenhouse gas substance in the
underground geological storage formation is
in the public interest.
(3) The Minister must consult with the licence holder
15 before giving a direction under subsection (2).
115 Licence holder must comply with directions
The holder of a greenhouse gas injection and
monitoring licence must comply with a direction
given under section 114.
20 Penalty: 240 penalty units.
116 Minister may amend licence
Despite anything to the contrary in this Act, the
Minister may amend a greenhouse gas injection
and monitoring licence (including any condition
25 of the licence) for the purpose of giving effect to a
direction given under section 114.
117 Revised injection and monitoring plan
If the Minister gives a direction under section 114,
the licence holder must submit a revised injection
30 and monitoring plan for approval in accordance
with Division 6.
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118 Compensation of licence holder
(1) If the Minister gives a direction under section 114,
the licence holder is not required to inject and
permanently store a greenhouse gas substance
5 unless--
(a) the applicant has entered into a
compensation agreement with the licence
holder; or
(b) VCAT has determined the amount of
10 compensation that is payable to the licence
holder in relation to the direction.
(2) A person may only make an application to VCAT
in respect of a claim after the expiry of any period
of time specified for the purposes of this section
15 by the regulations.
(3) A party who makes an application to VCAT is
only entitled to have that claim determined by
VCAT if VCAT is satisfied that the party has
attempted to settle the claim by conciliation, but
20 has not been able to do so because the other party
has refused to negotiate a settlement or because
both parties are unable to agree.
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Part 6--Unit Development
s. 119
PART 6--UNIT DEVELOPMENT
119 Unit development
(1) This section applies if an underground geological
storage formation that is likely to be geologically
5 suitable for the injection and permanent storage of
a greenhouse gas substance extends over a number
of areas in a way that legally entitles more than
one holder of an injection and monitoring licence
to carry out greenhouse gas substance injection
10 and monitoring.
(2) The Minister may require any person who is
entitled to carry out greenhouse gas substance
injection and monitoring to enter into a co-
operative arrangement for one or more of the
15 following purposes--
(a) to enable more effective greenhouse gas
substance injection and monitoring;
(b) to maximise the volume of greenhouse gas
substances stored; and
20 (c) to minimise the impact of greenhouse gas
substance injection and monitoring on public
health and the environment.
(3) In making such a requirement, the Minister must
ensure--
25 (a) that written notice of the requirement is
given to each person on whom the
requirement is made; and
(b) that the notice specifies by when the
requirement must be complied with; and
30 (c) that the notice specifies how any dispute
concerning the terms of the required
co-operative arrangement is to be resolved;
and
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Part 6--Unit Development
s. 120
(d) that the notice specifies what action the
Minister may take if the requirement is not
complied with.
(4) For the purposes of subsection (3)(b), the Minister
5 must allow a period of at least 90 days from the
date the notice is given.
120 Consultation concerning unit development if part of
underground geological storage formation interstate
(1) This section applies if section 119 applies, but part
10 of the underground geological storage formation
is outside Victoria (or the Minister reasonably
believes that part of the formation is outside
Victoria).
(2) The Minister must not make a requirement under
15 section 119 unless he or she has obtained the
approval of any authority or body that is
responsible for regulating the injection and
permanent storage of greenhouse gas substances
in that formation outside Victoria.
20 121 Minister may amend licence for unit development
Despite anything to the contrary in this Act, the
Minister may amend an injection and monitoring
licence (including any condition of the licence)--
(a) for the purpose of giving effect to a
25 co-operative arrangement made under
section 119; or
(b) as a result of the failure of a person to
comply with a requirement made under
section 119, but only for the purpose of
30 attempting to achieve, to the maximum
extent that is possible, the object that the
requirement sought to achieve.
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Part 7--Greenhouse Gas Infrastructure Lines
s. 122
PART 7--GREENHOUSE GAS INFRASTRUCTURE LINES
122 Meaning of greenhouse gas infrastructure line
A greenhouse gas infrastructure line is a pipe or
system of pipes--
5 (a) that is for the conveyance of a greenhouse
gas substance; and
(b) which forms part of a greenhouse gas
sequestration infrastructure facility.
123 Minister may exempt greenhouse gas infrastructure
10 line from Pipelines Act
(1) The Minister may exempt a greenhouse gas
infrastructure line from the application of the
Pipelines Act 2005.
(2) The Minister may--
15 (a) require that certain conditions be met before
he or she grants the exemption; and
(b) exempt the greenhouse gas infrastructure line
wholly from the Pipelines Act 2005 or from
specified provisions of that Act; and
20 (c) impose conditions that must be complied
with to maintain the exemption.
(3) An exemption must be in writing.
(4) The Pipelines Act 2005 does not apply to a
greenhouse gas infrastructure line to the extent set
25 out in any exemption granted under this section.
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Part 8--Special Access Authorisations
s. 124
PART 8--SPECIAL ACCESS AUTHORISATIONS
124 Special access authorisation
(1) A special access authorisation authorises the
person holding it to carry out the following
5 activities in the area in respect of which it is
granted--
(a) carry out a seismic survey or any other kind
of survey;
(b) carry out a baseline investigation;
10 (c) take a sample;
(d) make a well;
(e) monitor the behaviour of a liquid or gas that
has been injected or stored in part of an
underground geological storage formation.
15 (2) A special access authorisation does not give the
holder of the authorisation any rights with respect
to greenhouse gas substance injection and
monitoring within the area in respect of which it is
granted.
20 (3) A special access authorisation may only be
granted to the holder of an exploration permit, a
retention lease or an injection and monitoring
licence.
125 Application for special access authorisation
25 (1) The holder of an exploration permit, retention
lease or an injection and monitoring licence may
apply to the Minister for the grant of a special
access authorisation in respect of any area.
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(2) In addition to complying with section 147, an
applicant for a special access authorisation--
(a) must describe and precisely identify the area
in respect of which the authorisation is
5 sought; and
(b) must describe in detail the greenhouse gas
sequestration formation exploration
operations that the person seeks to carry out
in that area; and
10 (c) must submit details of--
(i) its relevant technical qualifications and
of the relevant technical qualifications
of its employees; and
(ii) the relevant technical advice available
15 to it; and
(iii) the financial resources available to it.
126 Grant of special access authorisation
(1) The Minister may grant or refuse to grant a special
access authorisation.
20 (2) In determining whether or not to grant a special
access authorisation, the Minister must take into
account the geological and geophysical nature of
the area in respect of which the application is
made, and any discoveries that have been made in
25 the area by any other person.
(3) The Minister must not grant an application for an
authorisation unless he or she is satisfied that the
applicant--
(a) has the technical qualifications (or has
30 employees that have the technical
qualifications), has access to the technical
advice and has the financial resources that
will be necessary to enable the operations
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proposed in the application to be undertaken;
and
(b) has the ability to comply with this Act.
(4) The Minister must not grant an authorisation in
5 respect of an area unless he or she is satisfied that
the size of the area is appropriate having regard to
the operations proposed in respect of the area by
the person applying for the authorisation.
127 Criteria that apply to permit, lease and licence areas
10 (1) This section applies if any part of the area in
respect of which a special access authorisation is
sought falls within an area that is the subject of an
exploration permit, a retention lease or an
injection and monitoring licence.
15 (2) The Minister must not grant an authorisation in
respect of that part of the area unless--
(a) he or she has taken into account the work
program of the holder of the permit, lease or
licence; and
20 (b) he or she is satisfied that the operations
proposed to be carried out under the
authorisation will not be detrimental to, or
unduly interfere with, any current or
proposed future operations of the holder of
25 the permit, lease or licence; and
(c) the holder of the permit, lease or licence has
consented in writing to the issue of the
authorisation in respect of that part of the
area.
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128 Exception to section 127
Despite section 127(2)(c), the Minister may grant
a special access authorisation in respect of an area
that is the subject of an exploration permit, a
5 retention lease or a greenhouse gas injection and
monitoring licence without the consent of the
holder of the permit, lease or licence if--
(a) in the opinion of the Minister, the likely
geological information to be gained if the
10 authorisation is granted in respect of that
area will be of significant benefit to Victoria;
and
(b) the Minister--
(i) notifies the holder of the permit, lease
15 or licence in writing that the Minister is
proposing to exercise his or her powers
under this section, and of the reasons
why he or she is proposing to do so;
and
20 (ii) gives the holder 28 days to make any
submissions it wishes in relation to the
proposal; and
(c) the Minister considers any submissions made
in response to the notice and also takes into
25 account any commercial consequences to the
holder of the permit, lease or licence that
may be likely if the authorisation is granted.
129 Minister may vary area to which authorisation
applies
30 In granting a special access authorisation, the
Minister may vary, in any way he or she considers
appropriate, the size or the boundaries of the area
in respect of which the authorisation was sought.
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130 Authorisation does not give exclusive rights
(1) The Minister may grant a special access
authorisation in respect of an area, or any part of
an area, that is already the subject of another
5 special access authorisation.
(2) The Minister may grant an exploration permit, a
retention lease or a greenhouse gas injection and
monitoring licence in respect of an area, or any
part of an area, that is already the subject of a
10 special access authorisation.
131 Term of authorisation
A special access authorisation continues in force
for the period prescribed by the regulations, unless
it is cancelled or surrendered earlier or unless this
15 Act otherwise provides.
132 Extension of term of authorisation
On the application of the holder of a special
access authorisation, the Minister may grant one
extension for up to one year of the period for
20 which the authorisation remains in force.
133 Special access well plan
(1) This section applies to the holder of a special
access authorisation who proposes to make a well
under that authorisation.
25 (2) The holder of a special access authorisation must
prepare a special access well plan in accordance
with the regulations.
(3) A special access well plan must be taken to form
part of the operation plan and may be submitted
30 by the holder of a special access authorisation--
(a) with the operation plan required under
section 209; or
(b) at any later time by submitting a variation
under section 212.
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134 Plan to be approved before well can be made
The holder of a special access authorisation must
not make a well in the authority area unless the
Minister has approved the authority holder's
5 special access well plan for the area.
Penalty: 240 penalty units.
135 Approval of special access well plan
(1) Subject to section 136, the Minister may approve
a special access well plan if he or she is satisfied
10 that the proposed well--
(a) will not present a risk to public health or the
environment; and
(b) will not present a significant risk of
contaminating or sterilising resources in the
15 authority area.
(2) The Minister may approve a special access well
plan under this section subject to any conditions
that he or she considers necessary.
(3) The Minister may refer a special access well plan
20 to an independent panel or any relevant public
authority for a recommendation concerning
acceptance of the plan.
136 Risk to the environment
(1) For the purposes of determining whether making a
25 well will present a risk to the environment, the
Minister must, within 21 days of receiving a
special access well plan for approval, provide a
copy of the proposed plan to--
(a) the Minister administering the Environment
30 Protection Act 1970;
(b) the Minister administering the Water Act
1989;
(c) the Environment Protection Authority.
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(2) A person or body referred to in subsection (1) may
make a recommendation that a special access well
plan not be approved or be approved subject to
conditions if the person or body is of the opinion
5 that--
(a) the work that is proposed to be carried out
under the plan will present a risk to the
environment; or
(b) the details about how any risks to the
10 environment will be managed are
inadequate.
(3) If a recommendation is made within 40 days after
the proposed plan is provided to a person or body
under this section, the recommendation is binding
15 on the Minister.
(4) If a person or body requests that the Department
provide further information in relation to an
application for approval of a special access well
plan, the time in which the person or body may
20 make a recommendation does not include the
period from the date that the request for further
information is made until the date that the
information is received.
137 Contamination or sterilisation of a resource
25 (1) This section applies if, in the opinion of the
Minister, the making of the proposed well will
present a significant risk of contaminating or
sterilising other resources within the authority
area but will not present a risk to public health or
30 the environment.
(2) Despite section 135(1)(b), the Minister may
approve the special access well plan if--
(a) the holder of a special access authorisation
has consent to make the proposed well from
35 any holder of a resource authority in the
special access area if the resource for which
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they hold an authority is likely to be
contaminated or sterilised; or
(b) in the opinion of the Minister, approval of
the plan is in the public interest.
5 138 Consent of other resource authority holders
A special access authority holder who proposes to
make a well that will present a significant risk of
contaminating or sterilising other resources in the
special access area must take all reasonable steps
10 to obtain consent to undertake that work from any
holder of a resource authority in the special access
area if the resource for which they hold an
authority is likely to be contaminated or sterilised.
Penalty: 240 penalty units.
15 139 Referral of plans to independent panel
(1) Before approving a special access well plan, the
Minister may refer the plan to an independent
panel or any relevant public authority for a
recommendation concerning approval of the plan.
20 (2) Despite subsection (1), the Minister must refer a
special access well plan to an independent panel
or relevant public authority before determining
that approval of the plan is in the public interest in
accordance with section 137(2)(b).
25 140 Appointment of panel
(1) The Minister may, by instrument, appoint a panel
of persons to consider applications for approval of
a special access well plan.
(2) The persons appointed to the panel must be
30 persons who have knowledge of or experience in
the matters that the panel is to consider.
(3) Subject to any specifications of the Minister when
appointing the panel, a panel may regulate its own
proceedings.
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(4) The panel must cause a notice to be published in a
newspaper circulating generally in the area in
which the well is proposed to be made inviting
submissions on the approval of the proposed plan
5 within the period specified in the notice.
(5) After considering all submissions referred or
made to it, the panel must report its findings in
writing to the Minister within the period specified
by the Minister.
10 (6) The panel may include in its report any
recommendations that it thinks fit.
(7) A member of a panel is entitled to be paid any
fees and allowances fixed by the Governor in
Council.
15 (8) If the Minister does not follow a recommendation
made by the panel, he or she must give written
reasons for that decision.
141 Special access well plan must be adhered to
The holder of a special access authorisation must
20 ensure that any work to make a well is carried out
in accordance with--
(a) the special access well plan; and
(b) any conditions attached to the approval of
the special access well plan.
25 Penalty: 240 penalty units.
142 Minister may require variation of special access well
plan
(1) The Minister may require the holder of a special
access authorisation to vary the special access
30 well plan including any risk management plan or
monitoring and verification plan prepared as part
of that plan that applies to the special access
authorisation.
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(2) The Minister may only do this after consulting
with the holder of the special access authorisation.
143 Minister to consult
(1) Before requiring the holder of a special access
5 authorisation to vary the special access well plan
and any risk management plan or monitoring and
verification plan prepared as part of that plan, the
Minister must provide a copy of the proposed
variation to--
10 (a) the Minister administering the Environment
Protection Act 1970;
(b) the Minister administering the Water Act
1989;
(c) the Environment Protection Authority.
15 (2) A person or body referred to in subsection (1) may
make a recommendation that the variation to the
special access well plan not be required or be
required subject to conditions if the person or
body is of the opinion that--
20 (a) the work that is proposed to be carried out
under the varied plan will present a risk to
the environment; or
(b) the details about how any risks to the
environment will be managed are
25 inadequate, including details contained in
any risk management plan or monitoring and
verification plan.
(3) If a recommendation is made within 40 days after
the proposed plan is provided to a person or body
30 under this section, the recommendation is binding
on the Minister.
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(4) If a person or body requests that the Department
provide further information in relation to an
application for approval of special access well
plan, the time in which the person or body may
5 make a recommendation does not include the
period from the date that the request for further
information is made until the date that the
information is received.
144 EPA may require variation of special access well
10 plan
(1) The Environment Protection Authority may
require the holder of a special access authorisation
to vary the monitoring and verification plan
prepared as part of the special access well plan.
15 (2) The Environment Protection Authority may only
do this after consulting with the holder of the
special access authorisation.
(3) The Environment Protection Authority must
consult the Minister before requiring a variation
20 under subsection (1).
145 Minister may allow variation of special access well
plan
(1) On the written application of the holder of a
special access authorisation, the Minister may
25 allow the holder of the authorisation to vary the
special access well plan including any risk
management plan or monitoring and verification
plan prepared as part of that plan that applies, or is
to apply, to the special access authorisation.
30 (2) An application for variation of a special access
well plan must be accompanied by an assessment
of the risks associated with the proposed variation.
(3) Sections 135 to 140 apply to an application for
approval of a variation.
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146 Permit, lease or licence holder not liable for actions
of authorisation holder
(1) This section applies if any part of the area in
respect of which a special access authorisation is
5 granted falls within an area that is the subject of
an exploration permit, a retention lease or a
greenhouse gas injection and monitoring licence.
(2) The holder of the permit, lease or licence is not
liable in any way for any thing that is done or not
10 done by the holder of the authorisation.
(3) Subsection (2) applies even if the holder of the
permit, lease or licence consented to the granting
of the authorisation in respect of the permit, lease
or licence area.
__________________
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PART 9--PROVISIONS APPLYING TO AUTHORITIES
GENERALLY
Division 1--Applications
147 Application for authorities
5 (1) An applicant for an authority--
(a) must apply for the authority in the manner
required by the Minister; and
(b) must submit a proposed work program and
details of how much the applicant intends to
10 spend on each part of that program; and
(c) must submit a proposed consultation plan;
(d) must submit details of any matter required by
the Minister to enable the Minister to assess
the application; and
15 (e) must submit evidence of the applicant's
ability to comply with this Act; and
(f) may set out other matters that the applicant
wishes the Minister to consider.
(2) In the case of an applicant for a retention lease
20 who does not intend to carry out any greenhouse
gas injection and monitoring operations under the
lease, it is sufficient compliance with subsection
(1)(b) if the applicant submits a document
declaring that intention.
25 148 Work programs
A work program in relation to an authority is a
document--
(a) that outlines the work that it is intended to do
under the authority; and
30 (b) that outlines how the work is to be structured
and the intended extent of the work; and
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(c) that sets out proposed timelines for the
various phases of the work; and
(d) that is in the form required by the
regulations; and
5 (e) that contains any other details required by
the regulations.
149 Applications are not transferable
An application for an authority is not transferable.
150 Native title
10 If there is a native title holder in relation to land
that is subject to an application for an authority,
the Minister must not issue the authority in respect
of that land unless the Minister is satisfied that the
relevant procedures under the Native Title Act
15 have been followed.
151 Existing permits and leases continue until renewal
applications etc. decided
(1) This section applies if--
(a) an application is made for--
20 (i) the renewal of an exploration permit; or
(ii) a retention lease in respect of an area
held under an exploration permit; or
(iii) an injection and monitoring licence in
respect of an area held under a retention
25 lease or an exploration permit; and
(b) the application has not been determined at
the time the original permit or lease is due to
expire.
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(2) The original permit or lease continues in force
until the first of these events occurs--
(a) the Minister gives the applicant a written
notice stating that he or she refuses to grant
5 the application; or
(b) if the application is granted, the lease,
licence or new permit takes effect; or
(c) the application is withdrawn or lapses.
(3) If the application is not made in respect of exactly
10 the same area to which the original permit or lease
applies, subsection (2) only applies to the area that
is common to the original permit or lease and the
area in respect of which the application is made.
Division 2--Community consultation
15 152 Duty to consult with the community
The holder of an authority has a duty to consult
with the community and relevant municipal
councils throughout the period of the authority
by--
20 (a) sharing with the community and relevant
municipal councils information about any
activities authorised by the authority that
may affect the community; and
(b) giving members of the community and
25 relevant municipal councils a reasonable
opportunity to express their views about
those activities.
153 Community consultation plan
(1) If an applicant for an authority is not required to
30 prepare an Environment Effects Statement under
the Environment Effects Act 1978, the applicant
must submit with the application for an authority
under this Act--
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(a) a community consultation plan; and
(b) a list of stakeholders.
(2) The purpose of a community consultation plan is
to detail how the applicant will consult with
5 members of the community and relevant
municipal councils during the life of the authority.
(3) A community consultation plan may only be
submitted after the applicant has consulted with
members of the community and relevant
10 municipal councils in relation to the content of the
proposed plan.
154 Requirements for community consultation plan
(1) A community consultation plan must include--
(a) general information about the types of
15 activities the applicant for an authority
intends to carry out; and
(b) information about how any potential adverse
impacts on the public health and the
environment that may result from those
20 activities will be managed; and
(c) details of the procedures that are to be
followed under this Act and any other Act to
permit the proposed activities; and
(d) a statement--
25 (i) advising that members of the
community and relevant municipal
councils may seek independent legal
advice on the proposed activities; and
(ii) setting out the current contact
30 information for the Department and the
applicant for the authority.
(2) The Minister may publish guidelines concerning
the preparation of community consultation plans.
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155 Minister to approve community consultation plan
(1) The Minister must within 21 days of receiving a
community consultation plan advise the applicant
of whether or not the plan is adequate.
5 (2) If the Minister advises that the community
consultation plan is not adequate, the applicant
may--
(a) submit a new community consultation plan
to the Minister; or
10 (b) submit amendments to the community
consultation plan to the Minister.
(3) If a new community consultation plan or
amendments to a community consultation plan are
submitted to the Minister under subsection (2), the
15 Minister must within 21 days after receiving the
plan or amendments advise the applicant whether
or not the new community consultation plan or the
community consultation plan as amended is
adequate.
20 156 Plan to be provided to community
If an application for an authority is granted, the
holder of the authority must within 21 days
provide a copy of the community consultation
plan to any members of the community and each
25 relevant municipal council who may be affected
by the activities proposed to be carried out under
the authority.
Division 3--Conditions
157 Conditions that may apply to authorities
30 (1) The Minister may specify that an authority to be
granted is to be subject to any conditions that he
or she considers to be appropriate.
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(2) The Minister may also specify that a person must
comply with any conditions that the Minister
considers to be appropriate before the Minister
will issue an authority to the person.
5 (3) Without limiting the conditions the Minister may
specify under this section, the Minister may
specify conditions--
(a) relating to the operations that are to be
carried out under the authority;
10 (b) requiring the expenditure of a minimum
amount of money in relation to operations
under the authority;
(c) requiring the carrying out of approved work
programs during the term of the authority;
15 (d) concerning the protection of public health;
(e) concerning the protection of the
environment;
(f) concerning the rehabilitation of any land
affected by operations under the authority;
20 (g) requiring compliance with any written
directions of the Minister in relation to any
matters covered by the authority that are not
otherwise the subject of a condition;
(h) requiring the holder of the authority to obtain
25 specified approvals or submit specified
information to the Minister before beginning
a specified operation or using specified
equipment;
(i) requiring the holder of the authority to
30 provide other specified information to the
Minister.
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158 Statutory condition of authority
(1) In addition to the conditions specified on the
authority by the Minister under this Part, an
authority is subject to the condition that the holder
5 of the authority must comply with all applicable
laws in carrying out any activity under the
authority.
(2) Despite anything to the contrary in this Act (other
than Division 10), this condition cannot be varied.
10 159 Minister may vary conditions unilaterally
(1) This section does not apply to an injection testing
plan, an injection and monitoring plan or a special
access well plan.
(2) The Minister may vary any condition imposed on
15 an authority.
(3) To do this, the Minister must--
(a) notify the holder of the authority in writing
of the variation the Minister proposes to
make and invite the holder to make any
20 submissions it may wish to make in respect
of the proposal within the time specified by
the Minister; and
(b) consider any submissions made by the holder
of the authority.
25 (4) The Minister must allow a period of at least
28 days for the purposes of subsection (3)(a).
(5) If, after complying with subsection (3), the
Minister decides to vary the condition, he or she
must give the holder of the authority notice in
30 writing of the decision.
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(6) The Minister may only vary a condition on a
retention lease or an injection and monitoring
licence if at least 5 years have elapsed since the
condition was imposed or last varied (whichever
5 is the later event) under this section.
(7) For the purposes of subsection (6), a condition is
not imposed or varied if the holder of the
authority, in response to a notice under subsection
(3)(a), does not object to the imposition or
10 variation of the condition.
160 Minister may vary conditions by consent
(1) This section does not apply to an injection testing
plan, an injection and monitoring plan or a special
access well plan.
15 (2) On the application of the holder of an authority,
the Minister may vary any condition imposed on
an authority.
(3) In varying a condition under this section, the
Minister--
20 (a) may also vary any associated condition; and
(b) need not vary the condition in exactly the
way sought in the application.
(4) The holder of the authority may withdraw an
application if the Minister indicates that he or she
25 will exercise his or her powers under
subsection (3) in granting the application.
(5) The Minister cannot, under this section, vary a
condition imposed on an authority if the holder of
the authority has withdrawn its application to vary
30 the condition.
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161 Variation of conditions on renewal, consolidation or
transfer
(1) This section does not apply to an injection testing
plan, an injection and monitoring plan or a special
5 access well plan.
(2) The Minister may vary the conditions that apply
to an authority on renewing, wholly transferring
or consolidating that authority.
(3) On transferring part of an authority area to another
10 authority, the Minister may vary the conditions
that apply to the area that is being transferred.
162 Suspension of conditions
(1) On the application of the holder of an authority,
the Minister may suspend any condition imposed
15 on an authority for a period of up to one year.
(2) In suspending a condition under this section, the
Minister--
(a) may also suspend any associated condition;
and
20 (b) need not suspend the condition in exactly the
way, or on the terms, sought in the
application; and
(c) may impose conditions in relation to the
suspension.
25 (3) The holder of the authority may withdraw an
application if the Minister indicates that he or she
will exercise his or her powers under
subsection (2) in granting the application.
(4) The Minister cannot, under this section, suspend a
30 condition imposed on an authority if the holder of
the authority has withdrawn its application to
suspend the condition.
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(5) The holder of an authority that has a condition
suspended must comply with any conditions
imposed by the Minister under subsection (2)(c).
Penalty: 240 penalty units.
5 (6) While a condition of an authority is suspended,
the holder of the authority need not comply with
the condition.
(7) Subsection (6) does not apply during any time that
the holder of the authority is not complying with a
10 condition imposed under subsection (2)(c).
(8) The Minister may suspend under this section all of
the conditions that apply to an authority.
163 Term of authority may be extended if condition
suspended
15 If the Minister suspends a condition of an
authority, the Minister may also extend the term
of the authority by a period not exceeding the
period of the suspension.
Division 4--Transfers of authorities
20 164 Transfers
(1) If the holder of an authority wishes to transfer the
authority to another person, either it or the person
to whom the authority is to be transferred may
apply to the Minister for approval of the transfer.
25 (2) A person applying for the approval of a transfer--
(a) must apply for the approval in the manner
required by the Minister; and
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(b) must submit the following details concerning
the person to whom the authority is to be
transferred--
(i) its relevant technical qualifications and
5 the relevant technical qualifications of
its employees; and
(ii) the relevant technical advice available
to it; and
(iii) the financial resources available to it;
10 and
(c) must submit evidence of the ability of the
person to whom the authority is to be
transferred to comply with this Act; and
(d) must submit any other details or matter
15 required by the Minister to enable the
Minister to assess the application; and
(e) may set out other matters that it wishes the
Minister to consider; and
(f) must submit a transfer document in the form
20 approved by the Minister that has been
executed by the parties to the proposed
transfer.
165 Matters Minister must consider in assessing transfer
application
25 (1) The Minister may approve the transfer of an
authority if, in his or her opinion, the transfer will
maintain or increase greenhouse gas sequestration
operations in the authority area.
(2) The Minister may approve the transfer of a
30 retention lease even if the transfer does not
comply with subsection (1).
(3) The Minister must not approve the transfer of an
authority that, in his or her opinion, is not in the
public interest.
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166 Creation of interest in authority
(1) The mere execution of a document purporting to
transfer an authority creates no interest in the
authority.
5 (2) An interest in an authority is created when the
authority is registered in the greenhouse gas
sequestration register.
167 Partial transfers of permits and licences
(1) The holder of an exploration permit or an
10 injection and monitoring licence may apply to the
Minister to transfer part of the permit or licence
area to another person.
(2) The Minister may transfer the area if, in the
opinion of the Minister, the transfer will maintain
15 or increase greenhouse gas injection and
monitoring operations in the area.
(3) A transfer is to be effected by the issue of a
separate permit or licence to the other person.
(4) The separate permit or licence--
20 (a) expires when the permit or licence from
which it was derived expires; and
(b) is subject to the same conditions as applied
to that permit or licence (unless those
conditions are varied by the Minister in
25 accordance with this Act).
(5) The Minister must not approve a transfer under
this section that, in his or her opinion, is not in the
public interest.
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Part 9--Provisions Applying to Authorities Generally
s. 168
Division 5--Surrender or cancellation of authorities
168 Surrender of authority
(1) The holder of an authority may surrender the
authority with the consent of the Minister.
5 (2) The Minister must not give his or her consent to
the surrender of an authority unless he or she is
satisfied that the holder of the authority--
(a) has complied with all the relevant
requirements of this Act in relation to the
10 authority; and
(b) has complied with all of the conditions that
apply to the authority; and
(c) has plugged or closed off all wells that were
made in the authority area under the
15 authority; and
(d) in the case of an exploration permit that has
not been renewed, has achieved the key
objects of the work program declared by the
Minister under Part 3; and
20 (e) in the case of an exploration permit that has
been renewed, has achieved the key objects
of the work program declared by the
Minister under Part 3 that were to have been
achieved by or during the year in which the
25 surrender is sought.
(3) The Minister must not unreasonably refuse to give
his or her consent under this section.
(4) If the Minister is not satisfied as to any matter
referred to in subsection (2), he or she may still
30 consent to the surrender of the authority if he or
she is satisfied that the failure to comply with the
relevant requirement was the result of one or more
events beyond the control of the holder of the
authority.
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169 Partial surrender of authority
(1) The holder of an authority may apply to the
Minister for the Minister's consent to the surrender
of part of the area to which the authority applies.
5 (2) The Minister must not give his or her consent to
the surrender of the part of the area unless he or
she is satisfied that the holder of the authority has
complied with all of the requirements listed in
section 168(2) in respect of the part of the area.
10 (3) The Minister may make the giving of his or her
consent conditional on the holder of the authority
agreeing to the variation of the conditions that
apply to the area that will be retained under the
authority.
15 (4) Sections 168(3) and 168(4) also apply to
applications for consent under this section.
170 Additional criteria for surrender of injection and
monitoring licence
(1) In addition to the requirements set out in
20 section 168, the Minister may only consent to the
surrender of an injection and monitoring licence
if--
(a) in the opinion of the Minister--
(i) the greenhouse gas substance that has
25 been injected into an underground
geological storage formation in the
licence area is behaving and will
continue to behave in a predictable
manner; and
30 (ii) the licence holder has reduced the risks
associated with the permanent storage
of the greenhouse gas substance to as
low as is reasonably practicable; and
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Part 9--Provisions Applying to Authorities Generally
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(iii) the stored greenhouse gas substance
will not present a risk to public health
or the environment; and
(b) the licence holder has provided the following
5 information--
(i) details of the work carried out under the
licence;
(ii) details of the physical, geological,
hydrological, chemical and biological
10 conditions at the licence area at the
time that the application for surrender
of the licence is made;
(iii) a verifiable estimate of the storage
capacity of any underground geological
15 storage formation in which a
greenhouse gas substance has been
injected for the purpose of permanent
storage;
(iv) details of the greenhouse gas substance
20 injected under the licence, including a
verifiable estimate of the volume of
greenhouse gas substance injected, the
rate at which it was injected and the
injection technique used;
25 (v) an assessment of the processes and
pathways for potential greenhouse gas
migration and leakage to the
environment;
(vi) an assessment of the effects that any
30 potential leakage might have on public
health or the environment and on any
other resources in the licence area;
(vii) a risk management plan in the event of
leakage to the environment; and
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Part 9--Provisions Applying to Authorities Generally
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(c) the licence holder has prepared, for the
approval of the Minister, a long-term
monitoring and verification plan including an
estimate of the cost of carrying out the
5 activities in the plan.
(2) Before the Minister consents to the surrender of
an injection and monitoring licence, he or she
must approve the applicant's long-term monitoring
and verification plan.
10 (3) The Minister may approve the long-term
monitoring and verification plan subject to
conditions.
171 Surrender of injection and monitoring licence
(1) For the purposes of determining whether a stored
15 greenhouse gas substance will present a risk to the
environment, the Minister must, within 21 days of
receiving an application for surrender of an
authority, provide a copy of the application to--
(a) the Minister administering the Environment
20 Protection Act 1970;
(b) the Minister administering the Water Act
1989;
(c) the Environment Protection Authority.
(2) A person or body referred to in subsection (1) may
25 make a binding recommendation that the
application for surrender of an authority not be
approved or be approved subject to conditions if
the person or body is of the opinion that--
(a) the stored greenhouse gas substance will
30 present a risk to the environment; or
(b) the applicant's proposed risk management
plan in relation to the environment is
inadequate; or
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(c) the applicant's proposed long-term
monitoring and verification plan, including
estimated costs in relation to carrying out the
activities detailed in that plan, is inadequate.
5 (3) If a recommendation is made within 40 days after
the application is provided to a person or body
under this section, the recommendation is binding
on the Minister.
(4) If a person or body requests that the Department
10 provide further information in relation to an
application for surrender of an authority, the time
in which the person or body may make a
recommendation does not include the period from
the date that the request for further information is
15 made until the date that the information is
received.
172 Referral of application to independent panel
Before approving an application for surrender of
an injection and monitoring licence, the Minister
20 may refer the application to an independent panel
or any relevant public authority for a
recommendation concerning acceptance of the
application.
173 Appointment of panel
25 (1) The Minister may, by instrument, appoint a panel
of persons to consider an application for surrender
of an authority.
(2) The persons appointed to the panel must be
persons who have knowledge of or experience in
30 the matters that the panel is to consider.
(3) Subject to any specifications of the Minister when
appointing the panel, a panel may regulate its own
proceedings.
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(4) The panel must cause a notice to be published in a
newspaper circulating generally in the area in
which the authority is proposed to be surrendered
inviting submissions on the approval of the
5 surrender within the period specified in the notice.
(5) After considering all submissions referred or
made to it, the panel must report its findings in
writing to the Minister within the period specified
by the Minister.
10 (6) The panel may include in its report any
recommendations that it thinks fit.
(7) A member of a panel is entitled to be paid any
fees and allowances fixed by the Governor in
Council.
15 (8) If the Minister does not follow a recommendation
made by the panel, he or she must give written
reasons for that decision.
174 Payment of long-term monitoring and verification
costs
20 (1) If the Minister consents to the surrender of an
injection and monitoring licence, the licence
holder must, before surrendering the licence, pay
the remaining cost of carrying out long-term
monitoring and verification as detailed in the
25 long-term monitoring and verification plan
approved under section 170(2) and which has not
already been paid in accordance with section 112.
(2) If the licence holder has paid more than the cost
estimated in the long-term monitoring and
30 verification plan, the licence holder is entitled to a
refund of the difference between the amount paid
and the cost estimated in the approved plan.
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Part 9--Provisions Applying to Authorities Generally
s. 175
175 Cancellation of authority
The Minister may cancel an authority if--
(a) the holder of the authority has not complied
with the work program that was to have been
5 carried out under the authority; or
(b) the conditions of the authority or any of the
provisions of this Act that apply to the
authority have not been complied with; or
(c) any activity carried out under the authority
10 has caused a risk to public health or the
environment; or
(d) any activity carried out under the authority
has caused a serious situation; or
(e) the holder of the authority has failed to
15 maintain any insurance policy it is required
to maintain under this Act or has failed to
lodge any bond it was required to lodge
under this Act; or
(f) the holder of the authority no longer has the
20 funds to carry out its work program; or
(g) the holder of the authority has not paid any
amount that is payable under this Act within
90 days after it was due and within 30 days
after receiving a written notice from the
25 Minister warning it of the Minister's power
under this provision; or
(h) it is, in the opinion of the Minister, in the
public interest to cancel the authority.
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Part 9--Provisions Applying to Authorities Generally
s. 176
176 Additional grounds for the cancellation of an
injection and monitoring licence
The Minister may also cancel an injection and
monitoring licence if the Minister is satisfied--
5 (a) that no greenhouse gas substance is being
injected for permanent storage in the licence
area in accordance with the work program
and the holder of the licence has no present
intention to inject a greenhouse gas
10 substance in that area in the immediate
future; or
(b) that no greenhouse gas substance has been
injected in the underground geological
storage formation in accordance with the
15 work program in the last 2 years.
177 Procedure to be followed before authority cancelled
The Minister must not cancel an authority under
this Act unless he or she--
(a) has given the holder of the authority a
20 written notice--
(i) stating that the Minister believes that
there may be grounds for cancelling the
authority; and
(ii) providing details of those grounds and
25 providing a copy of the information
available to the Minister concerning
those grounds; and
(iii) inviting the holder of the authority to
submit to the Minister within 30 days
30 of the date the holder of the authority is
given the notice any material that the
holder wishes to submit; and
(b) has considered any material submitted by the
holder of the authority in response to the
35 notice; and
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(c) is satisfied that one of the grounds set out in
section 175 or 176 that is relevant to the
authority exists.
178 Minister may give directions if authority expires or
5 is surrendered or cancelled
(1) This section applies if an authority is surrendered
or cancelled or expires.
(2) The Minister may direct the person who held the
authority immediately before the surrender,
10 cancellation, expiry or removal to do one or more
of the following to the satisfaction of the
Minister--
(a) remove, or cause to be removed, from the
relevant area all property brought into that
15 area under the authority, or to make other
arrangements with respect to that property;
and
(b) plug or close off all wells made in the
relevant area under the authority; and
20 (c) subject to this Act, provide for the
conservation and protection of the resources
in the relevant area; and
(d) make good any damage to the surface of the
land or the sub-soil in the relevant area
25 caused by any person engaged or concerned
in the operations conducted under the
authority; and
(e) give to the Minister any information that it
was obliged to give to the Minister.
30 (3) A direction must be given in writing and must
specify by when it must be complied with.
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Part 9--Provisions Applying to Authorities Generally
s. 179
(4) A person to whom a direction is given must
comply with the direction within the time
specified in the direction.
Penalty: 240 penalty units.
5 (5) Nothing in this section requires the Minister to
give a direction to any person.
(6) In this section relevant area means--
(a) if an authority expires or is surrendered or
cancelled in its entirety, the area to which the
10 authority applied;
(b) in any other case, the area to which the
authority no longer applies.
Division 6--Miscellaneous matters
179 Consolidation of adjoining authorities
15 (1) In this section a reference to an authority does not
include a reference to a special access
authorisation.
(2) This section applies if the same person holds 2 or
more authorities of the same type and each of the
20 authority areas has at least one common boundary
with another of those authority areas.
(3) The person may apply to the Minister to have a
single authority of that type issued in respect of all
of those authorities.
25 (4) The Minister may grant an application if he or she
is satisfied--
(a) that the consolidation of the authorities will
not affect the work programs being, or to be,
conducted under each of the authorities in
30 respect of which the application is made; and
(b) that the consolidated authority area will form
one continuous parcel of land.
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Part 9--Provisions Applying to Authorities Generally
s. 180
(5) An authority that is the result of the consolidation
of 2 or more authorities expires on the earliest
date any of the authorities that have been
consolidated would have expired.
5 180 Excision of area from authority
(1) The Minister may excise an identified area from
an authority if the Minister is satisfied--
(a) that no operations have been carried out in
the identified area in accordance with the
10 work program in the last 2 years; and
(b) excision of the identified area will not
interfere with the ongoing operations of the
holder of the authority; and
(c) excision of the identified area from the
15 authority area is in the public interest.
(2) Before deciding to excise an identified area from
an authority under subsection (1), the Minister--
(a) must consult with the holder of the authority;
and
20 (b) may consult with an independent panel or
any relevant public authority for a
recommendation concerning excision of the
identified area.
(3) The Minister may amend an authority (including
25 any condition of the authority) to give effect to his
or her decision to excise an identified area from
the authority under this section.
181 Reporting of serious situations
The holder of an authority must within the period
30 of time specified in the regulations report any
serious situation that has occurred, or may occur,
in the authority area.
Penalty: 240 penalty units.
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Part 9--Provisions Applying to Authorities Generally
s. 182
182 Power of Minister to give a direction
If, in the opinion of the Minister, a serious
situation has occurred, the Minister may, in
writing, direct an authority holder--
5 (a) to take all reasonable steps to ensure that the
greenhouse gas substance is injected into the
underground geological storage formation in
the manner specified in the direction; or
(b) to take all reasonable steps to ensure that the
10 greenhouse gas substance is stored in the
underground geological storage formation in
the manner directed; or
(c) to stop or suspend the injection of a
greenhouse gas substance at the place or
15 places specified in the direction; or
(d) to inject a greenhouse gas substance in an
underground geological storage formation at
the place or places specified in the direction;
or
20 (e) to undertake the activities specified in the
direction for the purposes of eliminating,
mitigating, managing or remedying the
serious situation; or
(f) to take such action as specified in the
25 direction; or
(g) to refrain from taking such action as
specified in the direction.
183 Offence to fail to comply with direction
The holder of an authority must comply with a
30 direction given under section 182.
Penalty: 600 penalty units.
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Part 9--Provisions Applying to Authorities Generally
s. 184
184 Minister must publish certain details if authority
granted
(1) The Minister must publish notice of each
reportable event in the Government Gazette
5 within 14 days of the event occurring.
(2) The notice must--
(a) state that the reportable event has occurred
and when it occurred; and
(b) set out details of who holds the relevant
10 permit or licence; and
(c) contain a brief description of the area to
which the permit or licence applies.
(3) If there was more than one application for the
relevant permit or licence, the notice must also
15 contain--
(a) an outline of the reasons why the permit or
licence was granted to the successful
applicant; and
(b) if the chief reason was the superiority of the
20 intended work program of the successful
applicant, an outline of that work program.
(4) The notice may contain any other details the
Minister considers to be appropriate.
(5) In this section reportable event means the
25 granting by the Minister of an exploration permit
under Division 2 of Part 3, or of a injection and
monitoring licence under Division 4 of Part 5.
185 Variation of an authority
(1) The Minister may vary the details of an authority
30 at any time.
(2) The Minister may not vary the expiry date of an
authority under this section.
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Part 9--Provisions Applying to Authorities Generally
s. 186
(3) A reference to details in this section does not
include a reference to the conditions to which the
authority is subject.
186 Expedited procedure for replacement of invalidated
5 title
(1) This section applies if--
(a) a court or tribunal finds an authority to be
wholly or partly invalid and the invalidity
stems from circumstances that were beyond
10 the control of the holder of the authority; and
(b) the person who held the authority applies
within 60 days after the finding to the
Minister for the grant of an authority of the
same type for all or part of the former
15 authority area.
(2) The Minister may grant the authority to the person
without the need to comply with any procedural
requirement that would usually apply to the grant
of such an authority.
20 (3) In granting an authority under this section, the
Minister may impose any conditions the Minister
considers to be appropriate on the authority.
187 Occupiers liability
(1) For the purposes of Part IIA of the Wrongs Act
25 1958 and the rules of common law with respect to
the liability of occupiers to people entering on
their premises, the holder of an authority is the
occupier of that part of any premises on which any
operation is being carried out under the authority,
30 and not any other person.
(2) An occupier of any premises that is in an area to
which an authority applies does not, unless the
occupier is also the holder of the authority, owe a
duty to take care of any person entering on those
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Part 9--Provisions Applying to Authorities Generally
s. 187
premises for the purpose of carrying out an
operation under the authority.
(3) Subsection (2) applies despite anything to the
contrary in Part IIA of the Wrongs Act 1958 or
5 the rules of common law with respect to the
liability of an occupier to a person entering on the
occupier's premises.
(4) Nothing in subsection (2) limits any other duty
owed by an occupier to a person entering on the
10 occupier's premises in the circumstances described
in that subsection.
__________________
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Part 10--Planning Matters
s. 188
PART 10--PLANNING MATTERS
188 Definition of planning scheme
In this Part, planning scheme means a planning
scheme approved under the Planning and
5 Environment Act 1987.
189 Exploration under exploration permit overrides
planning schemes
(1) The holder of an exploration permit may carry out
in accordance with the permit greenhouse gas
10 sequestration formation exploration in the permit
area--
(a) without obtaining a permit under the
planning scheme that applies to the authority
area; and
15 (b) without complying with any conditions
specified in that planning scheme in relation
to the use or development of that land for
exploration.
(2) Subsection (1) applies even if the planning
20 scheme wholly or partly prohibits the use or
development of the authority area for exploration.
190 Injection and monitoring operations also override
planning schemes
(1) Despite anything to the contrary in any planning
25 scheme applying to a licence area, the holder of an
injection and monitoring licence may be granted a
permit under the planning scheme to carry out in
the licence area any greenhouse gas substance
injection and monitoring authorised by the
30 licence.
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Part 10--Planning Matters
s. 191
(2) This section applies even if the planning scheme
prohibits the carrying out of greenhouse gas
substance injection and monitoring in the area
(whether absolutely or unless specified conditions
5 are complied with) and does not provide for the
granting of a permit for the carrying out of those
operations.
191 Alternative approvals
(1) This section applies if--
10 (a) a permit is required under any planning
scheme to enable the holder of an injection
and monitoring licence to carry out any
greenhouse gas substance injection and
monitoring authorised by the licence; or
15 (b) the holder of an injection and monitoring
licence may be granted a permit under
section 190 to carry out a greenhouse gas
substance injection and monitoring
operation.
20 (2) The holder of the licence is not required to obtain
a permit under the planning scheme or section 190
to carry out the operation if--
(a) an Environment Effects Statement has been
prepared under the Environment Effects
25 Act 1978 in relation to the carrying out of
the operation; and
(b) an assessment of that Statement by the
Minister administering the Environment
Effects Act 1978 has been submitted to the
30 Minister; and
(c) the Minister has authorised the holder of the
licence in writing to carry out the operation.
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s. 191
(3) If an Environment Effects Statement has not been
prepared under the Environment Effects Act
1978, the holder of the licence must obtain any
permit that is required under a planning scheme
5 before carrying out--
(a) any greenhouse gas substance injection and
monitoring authorised by the licence; or
(b) a greenhouse gas substance injection and
monitoring operation.
__________________
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Part 11--Consent Requirements before Operations Allowed on Land
s. 192
PART 11--CONSENT REQUIREMENTS BEFORE
OPERATIONS ALLOWED ON LAND
Division 1--Wilderness Crown land
192 Operations on wilderness land barred
5 (1) A person must not carry out any greenhouse gas
sequestration operations on land that is a marine
national park, a marine sanctuary, a reference area
under the Reference Areas Act 1978 or a
wilderness zone or wilderness park under the
10 National Parks Act 1975.
Penalty: 240 penalty units.
(2) No authority granted under this Act can authorise
any activity prohibited by subsection (1).
Division 2--Operations requiring prior consent
15 193 Consent of Minister needed
(1) The holder of an authority must not carry out any
greenhouse gas sequestration operation on any
land without the written consent of the Minister.
Penalty: 240 penalty units.
20 (2) The giving of consent by the Minister--
(a) does not relieve the holder of the authority
from the requirement to obtain any consents
or other authorities required, or comply with
any other requirements imposed, by or under
25 this or any other Act; and
(b) does not relieve the holder of the authority
from liability under this or any other Act for
a failure to obtain any necessary consent or
other authority or to comply with any
30 applicable requirement.
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Part 11--Consent Requirements before Operations Allowed on Land
s. 194
194 Greenhouse gas sequestration operations on
restricted Crown land
A person must not carry out any greenhouse gas
sequestration operation on any land specified in
5 Schedule 3 to the Mineral Resources
(Sustainable Development) Act 1990 without the
written consent of the Minister responsible for that
land.
Penalty: 240 penalty units.
10 195 Greenhouse gas sequestration operations on water
authority land
(1) In this section, water authority means--
(a) a person who holds a water licence or a
water and sewerage licence under the Water
15 Industry Act 1994; or
(b) an Authority that has a water district or a
sewerage district under the Water Act 1989.
(2) A person must not carry out any greenhouse gas
sequestration operation on any land that is owned,
20 vested in or managed or controlled by a water
authority without the written consent of the water
authority.
Penalty: 240 penalty units.
(3) A person must not carry out any greenhouse gas
25 sequestration operation that involves work at a
depth of more than 0·75 metres below any land
that is within 100 metres of--
(a) a waterway that is owned by, vested in or
managed or controlled by a water authority;
30 or
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Part 11--Consent Requirements before Operations Allowed on Land
s. 196
(b) any main drains, sewers, aqueducts, channels
or pipelines of a water authority--
without the written consent of the water authority.
Penalty: 240 penalty units.
5 196 Provisions applying to consents
(1) If the consent of a person or body is sought for the
purposes of this Division, the person or body--
(a) must not unreasonably withhold that
consent; and
10 (b) may impose any conditions the person or
body considers to be appropriate in giving
that consent; and
(c) must give or refuse to give that consent
within 28 days (or any longer period allowed
15 by the Minister) after the consent is sought.
(2) A person or body (other than a native title holder)
which does not comply with subsection (1)(c) in
relation to any land is deemed to have given the
consent sought.
20 197 Right to seek review of refusal to give consent
(1) A person who sought a consent for the purposes of
this Division may apply to VCAT for a review of
a decision--
(a) to refuse to give the consent; or
25 (b) to impose a condition on the consent.
(2) An application for a review must be made within
28 days after the later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
30 Administrative Tribunal Act 1998, the
applicant requests a statement of reasons for
the decision, the day on which the statement
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Part 11--Consent Requirements before Operations Allowed on Land
s. 198
of reasons is given to the applicant or the
applicant is informed under section 46(5) of
that Act that a statement of reasons will not
be given.
5 Division 3--Operations requiring notice
198 Operations on unrestricted Crown land
(1) A person must not carry out any significant
operation on any unrestricted Crown land as part
of a greenhouse gas sequestration operation unless
10 the person has consulted the Minister responsible
for controlling or managing the land.
Penalty: 240 penalty units.
(2) If a person has complied with subsection (1) and
the conditions of the relevant authority, the person
15 may carry out the operation without the need to
obtain any other consent or authority, despite
anything to the contrary in any Act or subordinate
instrument other than the Environment
Protection Act 1970, the Flora and Fauna
20 Guarantee Act 1988, the Water Act 1989 and
the Forests (Fire Protection) Regulations 2004.
199 Notice to be given before operation carried out on
any land
(1) A person must not carry out any greenhouse gas
25 sequestration operation on any land unless the
person gives the owner, occupier or person or
body responsible for the management of the land a
written notice outlining the proposed operation at
least 21 days before the activity starts.
30 Penalty: 120 penalty units.
(2) The owner, occupier or person or body may waive
all or part of the 21-day notice period.
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Part 11--Consent Requirements before Operations Allowed on Land
s. 199
(3) In the case of unrestricted Crown land, the notice
required by this section must be given to the
Minister responsible for controlling or managing
the land.
__________________
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Part 12--Compensation
s. 200
PART 12--COMPENSATION
200 Consent of, or compensation agreement with, owner
etc. needed before operation on private land starts
(1) A person must not carry out any greenhouse gas
5 sequestration operation on private land unless--
(a) the person has obtained the consent of the
owners and occupiers of the land to the
operation; or
(b) it has entered into a compensation agreement
10 with the owners and occupiers of the land in
relation to the operation; or
(c) VCAT has determined the amount of
compensation that is payable to the owners
and occupiers of the land under this Act in
15 relation to the operation.
Penalty: 240 penalty units.
(2) Subsection (1) does not apply to any land that is
owned by the person.
201 What compensation is payable for--private/native
20 title land
(1) Compensation is payable by an authority holder to
the owners and occupiers of private land and
native title land for any loss or damage that has
been, or will be, sustained in relation to the land
25 as a direct, natural and reasonable consequence of
the approval of any greenhouse gas sequestration
operation or the carrying out of any greenhouse
gas sequestration operation under the authority
including for--
30 (a) deprivation of possession of the whole, or
any part of the surface, of the land; and
(b) damage to the surface of the land; and
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Part 12--Compensation
s. 201
(c) damage to any improvements on the land;
and
(d) severance of the land from other land of the
owner or occupier; and
5 (e) loss of amenity, including recreation and
conservation values; and
(f) loss of opportunity to make any planned
improvement on the land; and
(g) any decrease in the market value of the
10 owner or occupier's interest in the land.
(2) The amount of compensation payable under
subsection (1)--
(a) must, if it is necessary for the owner or
occupier of land to obtain replacement land,
15 take account of the reasonable incidental
expenses incurred in obtaining and moving
to that land; and
(b) may be increased by up to 10% by way of
solatium to compensate the owner or
20 occupier for intangible and non-pecuniary
disadvantages for which compensation is not
otherwise payable and that result from the
approval or the carrying out of the operation.
(3) Compensation is not payable in respect of any
25 land which only became private land after a
greenhouse gas sequestration operation under the
authority started on that land.
(4) Any amount of compensation paid, agreed to be
paid or determined under this Part is not affected
30 by any subsequent change in the ownership or
occupancy of the land.
(5) An authority holder is not liable to pay any greater
total amount of compensation because of a change
in the ownership or occupancy of the land.
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Part 12--Compensation
s. 202
(6) If--
(a) a person is entitled to compensation on just
terms (within the meaning of the Native Title
Act) in respect of any loss or damage in
5 relation to any native title land under
subsections (1) and (2); and
(b) the compensation the person receives under
this section (apart from this subsection) does
not amount to compensation on just terms--
10 the person is entitled to any additional
compensation that is necessary to ensure that
compensation is paid on just terms.
(7) In this section, planned improvement, in relation
to land, means an improvement on the land in
15 respect of which the owner or occupier had,
before an application for an authority covering
that land was made--
(a) applied for, or been granted, a building
permit or a planning permit; or
20 (b) otherwise demonstrated a genuine intention
to proceed.
202 Limit on total amount of compensation
(1) The total amount of compensation payable under
section 201(1) in respect of any land must be no
25 greater if the same person is not the owner and
occupier of the land than if the same person was
both the owner and occupier of the land.
(2) Nothing in subsection (1) limits the amount of
solatium payable to the owner or occupier under
30 section 201(2).
203 Compensation not payable for underground
geological storage formations
Compensation is not payable for the value of any
underground geological storage formation.
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Part 12--Compensation
s. 204
204 What compensation is payable for--Crown land
(1) This section applies if the Minister is of the
opinion that the approval of a greenhouse gas
sequestration operation, or the carrying out of any
5 greenhouse gas sequestration operation under an
authority, in relation to any Crown land has, or
will, result in loss or damage of the following
nature being sustained as a direct, natural and
reasonable consequence of the approval, or the
10 carrying out of the operation--
(a) deprivation of possession of the whole, or
any part of the surface, of the land; or
(b) damage to the surface of the land to such an
extent that it cannot be rehabilitated and
15 returned to its former, or a comparable, state;
or
(c) damage to any improvements on the land; or
(d) severance of the land from any other Crown
land; or
20 (e) loss of opportunity to make any planned
improvement on the land.
(2) The Minister may require the holder of the
authority to pay compensation for the loss or
damage--
25 (a) to the Crown; or
(b) to any person who is authorised to undertake
activities on the land under a lease, licence,
permit or other authority granted under an
Act.
30 (3) In determining whether compensation should be
paid under subsection (2)(a), the Minister must
take into account any benefits that may accrue to
the people of Victoria from the greenhouse gas
sequestration operation.
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Part 12--Compensation
s. 205
(4) In determining the amount of compensation to be
paid, the Minister may, if it is necessary for the
Crown to obtain replacement land, take account of
the reasonable incidental expenses incurred in
5 obtaining that land.
(5) If the Minister determines that compensation
should be paid to a person referred to in
subsection (2)(b), the Minister may increase the
amount payable by up to 10% by way of solatium
10 to compensate the person for intangible and non-
pecuniary disadvantages for which compensation
is not otherwise payable and that result from the
approval or the carrying out of the operation.
(6) Compensation is not payable in respect of any
15 land which only became Crown land after a
greenhouse gas sequestration operation under the
authority started on that land.
(7) Sections 201(4), 201(5) and 201(7) also apply to
this section.
20 205 Time limit on compensation claims
A claim for compensation for any loss or damage
under section 201 by the owner or occupier of
private land or under section 201 which is not the
subject of an agreement between the relevant
25 parties may be made at any time until the end of
the period of 3 years--
(a) after the loss or damage occurred; or
(b) after the authority is surrendered or cancelled
or expires--
30 whichever is the earlier.
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Part 12--Compensation
s. 206
206 Determination of disputes--private/native title land
(1) Subject to section 208, the owner or occupier of
land or the holder of an authority may--
(a) apply to VCAT for the determination of a
5 disputed claim for compensation in relation
to private land or native title land (other than
a claim for just terms compensation under
section 53(1) of the Native Title Act); or
(b) refer a disputed claim referred to in
10 paragraph (a) to the Supreme Court for
determination--
in accordance with Part 10 of the Land
Acquisition and Compensation Act 1986 as if it
were a claim for compensation under that Act and
15 as if the authority holder were the Authority
referred to in that Part.
(2) A person may only make an application to VCAT
in respect of a claim, or refer a claim to the
Supreme Court under subsection (1), after the
20 expiry of any period of time specified for the
purposes of this section by the regulations.
(3) A party who makes an application in respect of, or
who refers, a claim under subsection (1) is only
entitled to have that claim determined by VCAT
25 or the Court (as the case requires) if VCAT or the
Court is satisfied that the party has attempted to
settle the claim by conciliation, but has not been
able to do so because the other party has refused
to negotiate a settlement or because both parties
30 are unable to agree.
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Part 12--Compensation
s. 207
(4) In its application to a claim that is the subject of
an application or reference under subsection (1),
Part 10 of the Land Acquisition and
Compensation Act 1986 has effect as if--
5 (a) it required VCAT or the Court (as the case
requires) in determining the compensation
payable to have regard to the provisions of
this Part; and
(b) section 91(1) provided that the holder of the
10 authority must pay its own costs and the
costs of the other party unless--
(i) the other party is not the owner or
occupier of land in the authority area;
or
15 (ii) the other party has been frivolous or
vexatious or has otherwise acted
unreasonably--
in which case VCAT or the Court (as the
case requires) may, subject to that section,
20 award the costs that it thinks are appropriate.
(5) In determining how much compensation is due to
a native title holder in any dispute concerning
native title land, VCAT or the Court must take
into account any relevant amount that has been
25 determined or agreed as compensation under the
Native Title Act in relation to that land.
(6) The holder of the authority must lodge a copy of a
determination under this section with the Minister.
207 Determination of disputes--Crown land
30 (1) The holder of an authority may apply to VCAT
for a review of any requirement made by the
Minister under section 204.
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Part 12--Compensation
s. 208
(2) A person who is authorised to undertake activities
on Crown land under a lease, licence, permit or
other authority granted under an Act may apply to
VCAT for a review of any decision made by the
5 Minister under section 204 that affects the person.
(3) An application for a review under this section
must be made within 28 days after the later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
10 Administrative Tribunal Act 1998, the
applicant requests a statement of reasons for
the decision, the day on which the statement
of reasons is given to the applicant or the
applicant is informed under section 46(5) of
15 that Act that a statement of reasons will not
be given.
208 Native Title Act rights prevail
If--
(a) the right to negotiate provisions of the Native
20 Title Act have applied; or
(b) an indigenous land use agreement within the
meaning of the Native Title Act applies--
in relation to native title land in respect of the
approval, or the carrying out, of any greenhouse
25 gas sequestration operation, the provisions of this
Act that provide for similar processes do not apply
except to the extent that the parties otherwise
agree in writing.
__________________
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Part 13--Other Obligations on the Holders of Authorities
s. 209
PART 13--OTHER OBLIGATIONS ON THE HOLDERS OF
AUTHORITIES
Division 1--Operation plan to be prepared
209 Operation plan to be prepared
5 Before carrying out any greenhouse gas
sequestration operation, the holder of the authority
under which the operation is to be carried out
must give the Minister an operation plan--
(a) that identifies the risks of injury or damage
10 that the operation may pose to the
environment, to any community, person,
land user, land or property in the vicinity of
the operation; and
(b) that specifies what the holder of the authority
15 will do to eliminate or minimise those risks;
and
(c) that specifies what the holder of the authority
will do to rehabilitate the land that will be
affected by the operation; and
20 (d) that sets out any other matters required by
the regulations.
Penalty: 240 penalty units.
210 Operate plan to be approved
(1) The holder of the authority must not carry out the
25 greenhouse gas sequestration operation unless the
Minister has approved the operation plan for the
operation in writing.
Penalty: 240 penalty units.
(2) The Minister must not approve an operation plan
30 unless he or she is satisfied that the holder of the
authority has, in preparing the plan, consulted the
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Part 13--Other Obligations on the Holders of Authorities
s. 211
person who owns, occupies or manages the land
on which the operation is to be carried out.
211 Plan must be observed in carrying out operation
In carrying out a greenhouse gas sequestration
5 operation, the holder of an authority must ensure
that the operation is carried out in accordance with
the operation plan approved by the Minister in
relation to the operation.
Penalty: 240 penalty units.
10 212 Minister may allow variation of operation plan
(1) On the written application of the holder of an
authority, the Minister may allow the holder of the
authority to vary the operation plan that applies, or
is to apply, to the authority.
15 (2) The Minister may require the holder of an
authority to vary the operation plan that applies to
the authority.
(3) The Minister may only do this after consulting
with the holder of the authority.
20 (4) This section does not apply to a variation of any
of the following plans prepared as part of an
operation plan--
(a) injection testing plans;
(b) injection and monitoring plans;
25 (c) special access well plans.
Division 2--Conduct of operations
213 Operation to be conducted in proper manner
The holder of an authority must ensure that any
greenhouse gas sequestration operation carried out
30 in the authority area is carried out in a proper and
workmanlike manner.
Penalty: 240 penalty units.
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Part 13--Other Obligations on the Holders of Authorities
s. 214
214 Other specific obligations concerning conduct of
operations
The holder of an authority must, unless permitted
to do otherwise under this Act, take all reasonable
5 steps to--
(a) control the flow and prevent the waste or
escape in the authority area of the
greenhouse gas substance or water; and
(b) prevent the escape in the authority area of
10 any mixture of water or drilling liquid with
the greenhouse gas substance or any other
matter; and
(c) prevent greenhouse gas sequestration
operations in the authority area from
15 damaging underground geological storage
formations in areas outside the authority
area; and
(d) keep separate each greenhouse gas substance
injected in the authority area and any sources
20 of water discovered in that area that the
Minister directs the holder in writing to keep
separate.
Penalty: 240 penalty units.
215 Maintenance etc. of property
25 (1) The holder of an authority must maintain in good
condition and repair all structures, equipment and
other property in the authority area that is used in
connection with the greenhouse gas sequestration
operations being carried out under the authority.
30 Penalty: 240 penalty units.
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Part 13--Other Obligations on the Holders of Authorities
s. 216
(2) The holder of an authority must remove from the
authority area all structures, equipment and other
property that are not being used, or that are not to
be used, in connection with the greenhouse gas
5 sequestration operations being conducted under
the authority.
Penalty: 240 penalty units.
(3) Subsections (1) and (2) do not apply in relation to
any structure, equipment or other property that
10 was not brought into the authority area by, or with
the authority, of the authority holder.
216 Authority holder must not interfere with other
rights
In carrying out greenhouse gas sequestration
15 operations, the holder of an authority must ensure
that the operations are carried out in a way that
does not interfere with the activities of any other
person who is using the land to a greater extent
than is necessary for the reasonable exercise of its
20 rights, and the performance of its duties, under the
authority.
Penalty: 120 penalty units.
217 Rehabilitation
(1) The holder of an authority must rehabilitate any
25 land that is used in carrying out any operation
under the authority and must, as far as is
practicable, complete the rehabilitation of the land
before the authority, or any renewed authority,
ceases to apply to the land.
30 (2) It is sufficient compliance with this section in
respect of an operation if the holder of an
authority fully complies with the rehabilitation
measures in the operation plan concerning that
operation.
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Part 13--Other Obligations on the Holders of Authorities
s. 218
218 Insurance must be held
The holder of an authority must obtain and
maintain, as directed by the Minister from time to
time, insurance against expenses or liabilities or
5 specified things arising in connection with, or as a
result of, the carrying out of operations, or the
doing of any other thing, under the authority,
including the expenses of complying with
directions with respect to the clean-up or other
10 remedying of the effects of the escape of a
greenhouse gas substance.
Penalty: 240 penalty units.
Division 3--Rehabilitation bond
219 Definition of rehabilitation bond
15 (1) In this Division rehabilitation bond means an
instrument acceptable to the Minister securing the
payment of a specified amount of money for any
rehabilitation work, clean-up work or pollution
prevention work that may be necessary as a result
20 of a greenhouse gas sequestration operation.
(2) A rehabilitation bond is not to include any costs
associated with long-term monitoring or
verification arising in relation to the surrender of
injection rights under an injection and monitoring
25 licence.
220 Requirement to take out rehabilitation bond
The holder of an authority must not carry out a
greenhouse gas sequestration operation unless it
has obtained a rehabilitation bond that is
30 acceptable to the Minister and is for an amount
specified by the Minister.
Penalty: 240 penalty units.
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Part 13--Other Obligations on the Holders of Authorities
s. 221
221 Minister may require increased rehabilitation bond
(1) This section applies if the Minister believes that
the amount secured by a rehabilitation bond in
relation to a greenhouse gas sequestration
5 operation is insufficient.
(2) The Minister may, by written notice, require the
holder of the authority to obtain an extension of,
or a further, rehabilitation bond for an amount
determined by the Minister.
10 (3) Before making a requirement, the Minister must
consult the holder of the authority.
(4) The holder of the authority must comply with a
notice imposing such a requirement within
30 days after being given the notice.
15 Penalty: 120 penalty units.
222 Minister may carry out rehabilitation
(1) The Minister may do anything necessary to
rehabilitate land that has been used for a
greenhouse gas sequestration operation if he or
20 she--
(a) is not satisfied that the land has been
rehabilitated as required by section 217; or
(b) is satisfied that further rehabilitation of the
land is necessary; or
25 (c) is asked to do so by the owner of the land.
(2) The Minister may only do this if he or she has
asked the holder or former holder of the authority
to rehabilitate the land and the holder or former
holder has failed to do so within a reasonable
30 period after the request.
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Part 13--Other Obligations on the Holders of Authorities
s. 223
(3) The Minister may recover as a debt due to the
Crown in a court of competent jurisdiction any
amount incurred under subsection (1) that cannot
be recovered from the rehabilitation bond that
5 applies in respect of the land.
(4) If the Minister refuses to act on a request under
subsection (1)(c), he or she must inform the owner
of the land of the reasons for that refusal.
223 Return of bond if rehabilitation satisfactory
10 The Minister must discharge a rehabilitation bond,
or return a rehabilitation bond to the holder or
former holder of the authority, as soon as possible
once the Minister is satisfied--
(a) that the relevant land has been rehabilitated
15 as required by section 217; and
(b) that the rehabilitation is likely to be
successful; and
(c) that any other work in respect of which the
bond was required has been satisfactorily
20 completed.
Division 4--Royalties and rents
224 Liability for, and rate of, royalty
(1) The holder of an injection and monitoring licence
must pay to the Minister a royalty in respect of the
25 volume of a greenhouse gas substance injected
into an underground geological storage formation
within the licence area.
(2) Royalty is to be paid at the rate, and in accordance
with the conditions, specified in the licence under
30 which the greenhouse gas substance injection and
monitoring operations took place.
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Part 13--Other Obligations on the Holders of Authorities
s. 225
(3) The Minister in consultation with the Treasurer
may waive the requirement for the holder of an
injection and monitoring licence to pay a royalty
under this section.
5 225 Minister may vary royalty
(1) On the application of the holder of an injection
and monitoring licence or a person who has
applied for an injection and monitoring licence,
the Minister may--
10 (a) vary the royalty rate specified (or to be
specified) in the licence; or
(b) provide that a different method of collecting
revenue on the volume of a greenhouse gas
substance injected into an underground
15 geological storage formation under the
licence is to apply.
(2) The Minister must consult the Treasurer before
varying the licence, or proposed licence, under
subsection (1)(a) or (b).
20 226 When royalty must be paid
(1) Any royalty required by this Division must be
paid in the manner specified in the relevant
injection and monitoring licence and within the
time specified in the licence.
25 (2) If an injection and monitoring licence does not
specify when or how royalty is to be paid under
the licence, the holder of the licence must pay any
royalty required by this Part in the manner, and
within the time, specified by the regulations.
30 227 Rent payable in relation to Crown land
(1) This section applies if a greenhouse gas
sequestration operation being conducted under an
authority involves the ongoing occupancy of
Crown land.
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Part 13--Other Obligations on the Holders of Authorities
s. 228
(2) The holder of the authority is liable to pay to the
Minister rent for the occupancy of that land.
(3) The amount of rent payable is to be that specified
by the Minister in the authority, or if no rent is
5 specified in the authority, the amount required by
the regulations.
Division 5--Obligations at end of authority
228 Equipment must be removed once authority ceases
(1) This section applies if an authority ceases to apply
10 to any land.
(2) The person who held the authority at the time it
ceased to apply to the land must remove all
equipment brought on to the land under the
authority within 60 days after the authority ceases
15 to apply.
Penalty: 120 penalty units.
229 Minister may remove equipment
(1) If a person fails to comply with section 228 with
respect to any equipment, the Minister may cause
20 the equipment to be removed and may dispose of
the equipment.
(2) The Minister may recover any cost involved in
doing this from the rehabilitation bond that applies
in respect of the relevant authority and from any
25 proceeds that result from the disposal of the
equipment.
(3) If the cost of removing or disposing of any
equipment is greater than the amount that can be
recovered under subsection (2) in relation to that
30 equipment, the person must pay the difference to
the Minister.
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Part 13--Other Obligations on the Holders of Authorities
s. 229
(4) The Minister may recover as a debt due to the
Crown in a court of competent jurisdiction any
amount payable under subsection (3).
__________________
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Greenhouse Gas Geological Sequestration Bill 2008
Part 14--Information
s. 230
PART 14--INFORMATION
Division 1--Information to be given to the Minister
230 Minister may require certain information if
underground geological storage formation
5 discovered
(1) If an underground geological storage formation is
discovered in an authority area, the Minister may
direct the holder of the authority--
(a) to give the Minister in accordance with the
10 regulations any information required
regarding the nature of the underground
geological storage formation; and
(b) to conduct tests or to do anything else that
the Minister specifies to obtain the
15 information required in paragraph (a).
(2) A direction must be given in writing and must
specify by when it must be complied with.
(3) A person to whom a direction is given must
comply with the direction within the time
20 specified in the direction.
Penalty: 120 penalty units.
231 Authority holder must provide information to
Minister
The holder of an authority must--
25 (a) collect the information and samples required
by the regulations for the purpose of
monitoring compliance with this Act; and
(b) keep the records required by the regulations
in the form required by the regulations for
30 the purpose of monitoring compliance with
this Act; and
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Part 14--Information
s. 232
(c) give the Minister any information, samples
or records when required to do so by the
regulations for the purpose of monitoring
compliance with this Act.
5 Penalty: 60 penalty units.
232 Minister may require position of wells etc. to be
surveyed
(1) The Minister may require the holder of an
exploration permit, a retention lease or an
10 injection and monitoring licence--
(a) to carry out a survey of the position of any
well, structure or equipment in the permit,
lease or licence area; and
(b) to report the results of the survey to him or
15 her in writing.
(2) If the Minister is not satisfied with a report
provided under subsection (1)(b), he or she may
require the holder of the permit, lease or licence to
give him or her further information in writing
20 about the survey.
(3) A requirement under subsection (1) or (2) must be
made in writing.
(4) The holder of a permit, lease or licence must
comply with any requirement made under this
25 section.
Penalty: 120 penalty units.
233 Minister may require person to provide information
on greenhouse gas sequestration operation
(1) This section applies if the Minister has reason to
30 believe that a person has information, a document
or a thing that relates to a greenhouse gas
sequestration operation.
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Part 14--Information
s. 233
(2) The Minister may require the person--
(a) to give the information, document or thing to
the Minister within a specified time and in a
specified form; or
5 (b) to appear before a person specified by the
Minister at a time and place specified by the
Minister to answer questions relating to the
greenhouse gas sequestration operation or to
produce the document or thing.
10 (3) A requirement under subsection (2) must be made
in writing.
(4) A person--
(a) must comply with any requirement made of
him, her or it under subsection (2); and
15 (b) must answer any question asked of him, her
or it under subsection (2)(b); and
(c) must produce any document or thing that he,
she or it is asked to produce under
subsection (2)(b).
20 Penalty: 120 penalty units.
(5) A person is not excused from complying with
subsection (4) on the ground that complying with
that subsection might tend to incriminate him or
her.
25 (6) Any information, answer, document or thing
given or produced by a person under this section
is not admissible in any proceedings other than
proceedings in respect of the falsity of the
information, answer, document or thing.
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234 Minister may require information from petroleum
operators
(1) The Minister may, in accordance with the
regulations, direct the holder of an authority
5 issued under the Petroleum Act 1998 to give the
Minister any information required by the
regulations.
(2) A direction must be given in writing and must
specify the date by when it must be complied
10 with.
(3) A person to whom a direction is given must
comply with the direction within the time
specified in the direction.
Penalty: 120 penalty units.
15 (4) In this section, authority has the same meaning as
it has in the Petroleum Act 1998.
235 False information not to be given
A person must not--
(a) in purported compliance with this Division,
20 give any information or answer that the
person knows is false or misleading in a
material detail; or
(b) produce any document that the person knows
is false or misleading in a material detail,
25 without informing the person to whom the
document is produced of the defect in the
document.
Penalty: 120 penalty units.
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Division 2--Release of information
236 Meaning of release of information
(1) In this Division a reference to the release of
information is a reference to making that
5 information publicly known, or available for
inspection by a member of the public, regardless
of whether a fee is charged in relation to the
release.
(2) In this Division a reference to information
10 includes a reference to any core, cutting or sample
and to a portion of a core, cutting or sample.
237 Meaning of interpretive information
(1) In this Division interpretive information means
any matter contained in a document that is, in the
15 opinion of the Minister, an opinion or conclusion
that is based in whole or part on information
relating to the sub-soil, the greenhouse gas
substance or underground geological storage
formation in part of an authority area or proposed
20 authority area.
(2) The Minister may publish guidelines concerning
the identification of interpretive information.
238 Meaning of information collection date
In this Division information collection date
25 means--
(a) in the case of factual information obtained
during the making of a well, the date on
which the first of these events occurs--
(i) the drilling rig used to make the well is
30 taken away from the well;
(ii) the holder of the authority ceases to be
liable for any charges in relation to the
making of the well under the contract
for the making of the well;
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(b) in the case of a special study, the date that is
180 days after the date the data analysis
defined in the study is completed;
(c) in the case of information obtained from
5 surveys, the date that is 180 days after the
date the survey was completed;
(d) in the case of a reprocessed survey or a
special study relating to a survey, the date
that is 180 days after the date the work
10 specified in the submission for the survey or
study was completed;
(e) in any other case, the date on which the
information was given to the Minister.
239 Information that is not to be released
15 The Minister must not release at any time any of
the following details provided by an applicant for
an authority in applying for the authority--
(a) the technical qualifications of the applicant
or of the employees of the applicant;
20 (b) the technical advice available to the
applicant;
(c) the financial resources available to the
applicant.
240 Information about applications that may be released
25 (1) This section applies to any information contained
in, or accompanying, an application for the grant
or renewal of an authority, but does not apply to--
(a) the information referred to in section 239;
(b) interpretive information.
30 (2) The Minister may release any information to
which this section applies at any time after the
grant or renewal of the authority, or the refusal to
grant or renew the authority.
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241 Release of information about area that is no longer
an authority area
(1) This section applies to any information given to
the Minister under this Act by the holder of an
5 authority that relates to an area to which the
authority no longer applies.
(2) The Minister may release information to which
this section applies at any time after the expiry of
180 days from the date the authority under which
10 the information was given expires or was
surrendered or cancelled in relation to that area.
242 Release of factual information concerning licence
areas
(1) This section applies to any information given to
15 the Minister under this Act by the holder of an
injection and monitoring licence that relates to the
licence area, but it does not apply to interpretive
information.
(2) The Minister may release any information to
20 which this section applies at any time after the
expiry of 1 year from the information collection
date.
243 Release of factual information concerning other
authority areas
25 (1) This section applies to any information given to
the Minister under this Act by the holder of an
authority other than an injection and monitoring
licence that relates to an area to which the
authority applies, but it does not apply to
30 interpretive information.
(2) The Minister may release any information to
which this section applies at any time after the
expiry of 2 years from the information collection
date.
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244 Restriction on release of information collected so
that it could be sold
(1) This section applies to information--
(a) that was collected under a special access
5 authorisation; and
(b) that is available for purchase by any member
of the public on reasonable terms.
(2) The Minister must not release any information to
which this section applies before the expiry of
10 5 years from the date--
(a) that the work of collecting the information
finished; or
(b) that is 180 days after the work of collecting
the information started--
15 whichever is the earlier date.
(3) The Minister may agree to withhold the release of
the information for a longer time.
245 Earlier release of information if consent given
The Minister may release--
20 (a) information concerning an application for an
authority, or the renewal of an authority,
before the application is granted or refused if
the person who made the application--
(i) consents in writing to the release; or
25 (ii) has publicly released the information
already; and
(b) other information relating to an authority
area before the relevant date specified in this
Division if the holder of the authority--
30 (i) consents in writing to the release; or
(ii) has publicly released the information
already.
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246 Release of interpretive information relating to
current authorities
The Minister may release any interpretive
information given to the Minister under this Act
5 by the holder of an authority at any time after the
expiry of 5 years from the information collection
date.
247 Procedure to be followed before interpretive
information is released
10 (1) Before the Minister releases any interpretive
information, the Minister must--
(a) publish a notice in the Government
Gazette--
(i) stating that the Minister proposes to
15 release the information; and
(ii) inviting notices of objection to the
release to be submitted within a
specified time (which must be a day
that is at least 45 days after the
20 publication of the notice); and
(iii) stating the grounds on which objections
can be made; and
(iv) stating that, if no notices of objection
are received within the specified time,
25 the information will be released; and
(b) if it is practicable to do so--give a copy of
the notice to the person who submitted the
information to the Minister.
(2) The only grounds on which a person may object to
30 the release of interpretive information are that the
release of the information--
(a) would disclose a trade secret; or
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(b) would, or could reasonably be expected to,
adversely affect the lawful business,
commercial or financial affairs of the person.
(3) If the information which the Minister proposes to
5 release consists of more than one item, a person
submitting a notice of objection must make it
clear which item or items the objection relates to.
(4) On receiving a valid notice of objection, the
Minister must, within 45 days after receiving the
10 notice--
(a) decide whether to release the information
(whether wholly or partly) after considering
the objection; and
(b) give the person objecting written notice of
15 the decision.
(5) If the Minister decides to release any of the
information in respect of which a notice of
objection was lodged, the notice under subsection
(4)(b) must advise the person of the right the
20 person has to seek a review of the decision under
section 248.
248 Right to seek review of disputed release decision
(1) A person who submitted a notice of objection to
the release of interpretive information and who is
25 dissatisfied with the decision on the objection may
ask the Minister to review the decision.
(2) The request must--
(a) be made by written notice given to the
Minister; and
30 (b) be made not later than 28 days after the
person was given notice of the decision; and
(c) set out the reasons for making the request.
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(3) On receiving a request, the Minister must, within
45 days after receiving the notice--
(a) affirm, vary or revoke the original decision;
and
5 (b) give the person objecting written notice of
the review decision together with his or her
reasons for the decision.
(4) If an objection is made to the release of any item
of interpretive information, the Minister must not
10 release the item--
(a) before he or she complies with
subsection (3); or
(b) if no request for a review is made, until the
45-day period referred to in that subsection
15 expires.
249 Minister may give information etc. to other
Ministers
(1) The Minister may give to another Minister or to a
Minister of the Commonwealth or of a State or
20 Territory--
(a) any information contained in a document to
which this Division applies that has been
given to the Minister; and
(b) any samples that have been given to the
25 Minister.
(2) The Minister may only give information, cores,
cuttings or samples to another Minister or to a
Minister of the Commonwealth or of a State or
Territory under subsection (1) in accordance with
30 an arrangement between them that includes a
provision restricting the release by that Minister of
the information, cores, cuttings or samples to
circumstances in which it might be released by the
Minister under this Act.
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250 Restriction on obtaining information to meet work
program obligation
(1) The holder of an exploration permit, a retention
lease or an injection and monitoring licence must
5 not attempt to meet its obligations under a work
program to obtain certain information by buying
or otherwise obtaining information obtained by
the holder of a special access authorisation.
Penalty: 60 penalty units.
10 (2) Subsection (1) does not apply if the information
bought or obtained from the holder of a special
access authorisation is only used to assist in the
obtaining of the information that has to be
obtained under the work program.
__________________
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PART 15--ENFORCEMENT
Division 1--Inspections
251 Authorisation of inspectors
(1) The Minister may authorise any person who the
5 Minister considers suitable to carry out
inspections for the purposes of this Act.
(2) The Minister must give each authorised person an
identity card that identifies the person by name as
an inspector under this Act and that contains a
10 photograph of the person.
(3) If a person's authorisation as an inspector is
revoked or expires, he or she must immediately
return his or her identity card to the Minister.
Penalty: 5 penalty units.
15 252 Production of identity card
An inspector must produce his or her identity card
for inspection--
(a) before exercising a power under this Part
other than a requirement made by post; and
20 (b) at any time during the exercise of a power
under this Part, if asked to do so.
Penalty: 10 penalty units.
253 Monitoring compliance with this Act
(1) An inspector may enter any premises that the
25 inspector believes has been, is being, or is to be,
used in connection with a greenhouse gas
sequestration operation at any reasonable hour in
the daytime and at any time that the premises is
open for business and may--
30 (a) inspect the premises and any thing on the
premises;
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(b) make copies of, or take extracts from, any
document kept on the premises;
(c) seize any thing on the premises if the
inspector believes on reasonable grounds that
5 it is necessary to seize the thing in order to
prevent its concealment, loss or destruction;
(d) test any equipment on the premises;
(e) take any photographs or make any audio or
visual recordings that he or she considers
10 necessary;
(f) use any assistants the inspector considers
necessary to exercise the powers conferred
by this section.
(2) An inspector may exercise powers under this
15 section only to the extent that it is reasonably
necessary to do so for the purpose of determining
compliance with this Act or in connection with the
issue of an improvement notice under section 270
or a prohibition notice under section 271.
20 (3) An inspector may not continue to exercise any
powers under this section if he or she fails to
produce, on request, his or her identity card for
inspection by the occupier of the land.
(4) An inspector may not, under this section, enter a
25 residence for the purpose of determining
compliance with this Act unless the occupier of
the residence has consented in writing to the entry
and the carrying out of a search.
254 Emergencies
30 (1) If an inspector reasonably believes that it is
necessary to do so because of the existence, on
any premises that the inspector believes have
been, are being, or are to be, used in connection
with a greenhouse gas sequestration operation, of
35 an immediate risk--
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(a) that one or more people might be injured; or
(b) that property may be seriously damaged; or
(c) that significant damage may occur to the
environment--
5 the inspector may at any time enter the premises
and exercise any power conferred by
section 253(1).
(2) An inspector may not continue to exercise any
powers under this section if he or she fails to
10 produce, on request, his or her identity card for
inspection by the occupier of the premises.
(3) If an inspector exercises a power of entry under
this section without the owner or occupier being
present the inspector must, on leaving the
15 premises, leave a notice setting out--
(a) the time of entry; and
(b) the purpose of entry; and
(c) a description of all things done while on the
premises; and
20 (d) the time of departure; and
(e) the procedure for contacting the Department
for further details of the entry.
255 Offence-related searches and seizures
(1) An inspector may only exercise powers under this
25 section if he or she has reasonable grounds for
suspecting that there is on any premises a
particular thing that may be evidence of the
commission of an offence under this Act.
(2) The inspector, with any assistants he or she
30 considers necessary, may with the consent in
writing of the occupier of the premises, enter the
premises and search for the thing without applying
for a search warrant.
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(3) An inspector must not enter and search any
premises with the consent of the occupier unless,
before the occupier consents to that entry, the
inspector has--
5 (a) produced his or her identity card for
inspection; and
(b) informed the occupier--
(i) of the purpose of the search; and
(ii) that the occupier may refuse to give
10 consent to the entry and search or to the
seizure of anything found during the
search; and
(iii) that the occupier may refuse to consent
to the taking of any sample of goods or
15 any copy or extract from a document
found on the premises during the
search; and
(iv) that anything seized or taken during the
search with the consent of the occupier
20 may be used in evidence in
proceedings.
(4) If the thing is found during a search under
subsection (2), the inspector may--
(a) inspect any thing on the premises;
25 (b) inspect, and make copies of, or take extracts
from, the thing;
(c) seize the thing if the inspector believes on
reasonable grounds that it is necessary to
seize it in order to prevent its concealment,
30 loss or destruction.
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256 Occupier to be given copy of consent
(1) An occupier who consents in writing to the entry
and search of their premises or residence under
section 253 or 255 must be given a copy of the
5 signed consent immediately.
(2) If, in any proceeding, a written consent is not
produced to the court, it must be presumed, until
the contrary is proved, that the occupier did not
consent to the entry and search.
10 257 Search warrant
(1) An inspector may apply to a magistrate for the
issue of a search warrant in relation to particular
premises if the inspector believes on reasonable
grounds that there is, or may be within the next
15 72 hours, on the premises a particular thing that
may be evidence of the commission of an offence
under this Act.
(2) If a magistrate is satisfied that there are reasonable
grounds for suspecting that there is, or may be
20 within the next 72 hours, on the premises a
particular thing that may be evidence of the
commission of an offence under this Act, the
magistrate may issue a search warrant authorising
an inspector named in the warrant and any
25 assistants the inspector considers necessary--
(a) to enter the premises, or the part of premises,
named or described in the warrant; and
(b) to search for and seize any thing named or
described in the warrant.
30 (3) In addition to any other requirement, a search
warrant issued under this section must state--
(a) the offence suspected; and
(b) the premises to be searched; and
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(c) a description of the thing for which the
search is to be made; and
(d) any conditions to which the warrant is
subject; and
5 (e) whether entry is authorised to be made at any
time or during stated hours; and
(f) a day, not later than 7 days after the issue of
the warrant, on which the warrant ceases to
have effect.
10 (4) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and must
be in the form set out in the regulations under that
Act.
(5) Subject to any provision to the contrary in this
15 Act, the rules to be observed with respect to
search warrants mentioned in the Magistrates'
Court Act 1989 extend and apply to warrants
under this section.
258 Announcement before entry
20 (1) Before executing a search warrant, the inspector
named in the warrant or a person assisting the
inspector must announce that he or she is
authorised by the warrant to enter the premises
and give any person at the premises an
25 opportunity to allow entry to the premises.
(2) The inspector or a person assisting the inspector
need not comply with subsection (1) if he or she
believes on reasonable grounds that immediate
entry to the premises is required to ensure--
30 (a) the safety of any person; or
(b) that the effective execution of the search
warrant is not frustrated.
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259 Copy of warrant to be given to occupier
If the occupier or another person who apparently
represents the occupier is present at the premises
when a search warrant is being executed, the
5 inspector must--
(a) identify himself or herself to that person by
producing his or her identity card for
inspection by that person; and
(b) give to that person a copy of the execution
10 copy of the warrant.
260 Receipt must be given for any thing seized
(1) An inspector may not seize a thing, apparently in
the possession or custody of a person, unless he or
she makes out and tenders to the person a receipt
15 for the thing seized that--
(a) identifies the thing; and
(b) states the name of the inspector and the
reason why the thing is being seized.
(2) If an inspector is unable to discover the identity of
20 the owner or custodian of any thing seized, the
inspector must leave the receipt with, or post it to,
the owner of the premises from which the thing
was seized.
261 Copies of certain seized things to be given
25 (1) If an inspector seizes--
(a) a document; or
(b) a thing that can be readily copied; or
(c) a storage device the information in which
can be readily copied--
30 the inspector must give a copy of the thing or
information to the owner or custodian of the
document, thing or device as soon as practicable
after the seizure.
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(2) Subsection (1) does not apply--
(a) to any document, thing or device moved
under section 262(2); or
(b) if the inspector is unable to discover the
5 identity of the owner or custodian of any
document, thing or device seized.
262 Use of equipment to examine or process things
(1) An inspector may bring on to a premises any
equipment reasonably necessary for the
10 examination or processing of things found at the
premises in order to determine whether they are
things that may be seized.
(2) If--
(a) it is not practicable to examine or process the
15 things at the premises; or
(b) the occupier of the premises consents in
writing--
the things may be moved to another place so that
the examination or processing can be carried out
20 in order to determine whether they are things that
may be seized.
(3) The inspector, or a person assisting the inspector,
may operate equipment already at the premises to
carry out the examination or processing of a thing
25 found at the premises in order to determine
whether it is a thing that may be seized, if the
inspector or person assisting believes on
reasonable grounds that--
(a) the equipment is suitable for the examination
30 or processing; and
(b) the examination or processing can be carried
out without damage to the equipment or the
thing.
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263 Use or seizure of electronic equipment at premises
(1) If--
(a) a thing found at a premises is, or includes, a
disk, tape or other device for the storage of
5 information; and
(b) equipment at the premises may be used with
the disk, tape or other storage device; and
(c) the inspector believes on reasonable grounds
that the information stored on the disk, tape
10 or other storage device is relevant to
determine whether this Act has been
contravened--
the inspector or a person assisting the inspector
may operate, or may require the occupier or an
15 employee of the occupier to operate, the
equipment to access the information.
(2) If the inspector or a person assisting the inspector
finds that a disk, tape or other storage device at
the premises contains information of the kind
20 referred to in subsection (1)(c), he or she may--
(a) put the information in documentary form and
seize the documents so produced; or
(b) copy the information to another disk, tape or
other storage device and remove that storage
25 device from the premises; or
(c) if it is not practicable to put the information
in documentary form nor to copy the
information, seize the disk, tape or other
storage device and the equipment that
30 enables the information to be accessed.
(3) An inspector or a person assisting an inspector
must not operate or seize equipment for the
purpose mentioned in this section unless the
inspector or person assisting believes on
35 reasonable grounds that the operation or seizure of
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the equipment can be carried out without damage
to the equipment.
264 Compensation for damage
(1) The Minister must pay compensation for any
5 damage caused by an inspector, or a person
assisting an inspector, in exercising (or purporting
to exercise) any power conferred by this Act.
(2) However, the Minister is not liable to pay
compensation for any damage caused during any
10 inspection that reveals that there has been a
contravention of this Act.
(3) In determining the amount of compensation
payable in relation to any damage caused to
electronic equipment, regard is to be had to
15 whether the occupier of the premises and the
employees and agents of the occupier, if they were
available at the time, had provided any warning or
guidance as to the operation of the equipment that
was appropriate in the circumstances.
20 265 Return of seized things
(1) If an inspector seizes a thing under this Act, the
inspector must take reasonable steps to return the
thing to the person from whom it was seized if the
reason for its seizure no longer exists.
25 (2) If the thing has not been returned before the end
of the retention period, the inspector must take
reasonable steps to return it unless--
(a) proceedings have commenced within the
retention period and those proceedings
30 (including any appeal) have not been
completed; or
(b) a court makes an order under section 266
extending the retention period.
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266 Magistrates' Court may extend period
(1) An inspector may apply to the Magistrates' Court
within the retention period or within a period
extended by the Court under this section for an
5 extension of that period.
(2) The Magistrates' Court may order such an
extension if satisfied that retention of the thing is
necessary--
(a) for the purposes of an investigation into
10 whether an offence has been committed; or
(b) to enable evidence of an offence to be
obtained for the purposes of a prosecution.
(3) The Court may adjourn an application to enable
notice of the application to be given to any person.
15 267 Power of inspector to require information or
documents
(1) An inspector who--
(a) exercises a power of entry under this Act;
and
20 (b) produces his or her identity card for
inspection by a person--
may, to the extent that is reasonably necessary to
determine whether this Act has been contravened
or whether there exists a risk of a kind referred to
25 in section 254(1), require the person to give
information to the inspector, to produce
documents to the inspector and to give reasonable
assistance to the inspector.
(2) A person must not refuse or fail, without
30 reasonable excuse, to comply with a requirement
made under subsection (1).
Penalty: 240 penalty units.
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(3) A person must not, in response to a request under
this Division--
(a) give information that the person knows to be
false or misleading in a material detail; or
5 (b) produce a document that the person knows to
be false or misleading in a material detail
without indicating the respect in which it is
false or misleading and, if practicable,
providing correct information.
10 Penalty: 240 penalty units.
268 Protection against self-incrimination
(1) A natural person may refuse or fail to give
information or do any other thing that the person
is required to do by or under this Act or the
15 regulations if giving the information or doing the
other thing would tend to incriminate the person.
(2) However, subsection (1) does not apply to--
(a) the production of a document or part of a
document that the person is required by this
20 Act or the regulations to produce; or
(b) the giving of a person's name or address in
accordance with this Act or the regulations.
269 Offence to obstruct inspector
A person must not--
25 (a) obstruct or hinder; or
(b) refuse admission to any premises to--
an inspector, or any person necessarily assisting
an inspector, while the inspector is exercising a
power given to the inspector by this Act.
30 Penalty: 240 penalty units.
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Division 2--Improvement and prohibition notices
270 Improvement notice
(1) This section applies if the Minister is satisfied that
the holder of an authority--
5 (a) is contravening this Act; or
(b) has contravened this Act in circumstances
that make it likely that the contravention will
occur again; or
(c) is not complying with a condition of the
10 authority; or
(d) has failed to comply with a condition of the
authority in circumstances that make it likely
that the failure will occur again.
(2) The Minister may issue to the holder of the
15 authority an improvement notice requiring the
holder to take specified action within a specified
period to stop the contravention, or failure to
comply, from continuing or occurring again.
(3) The holder of the authority must comply with the
20 notice.
Penalty: 240 penalty units.
271 Prohibition notice
(1) This section applies if an activity or event is
occurring, or is likely to occur, in an authority
25 area that, in the opinion of the Minister, creates an
immediate risk--
(a) that one or more people might be injured; or
(b) that property may be seriously damaged; or
(c) that significant damage may occur to the
30 environment.
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Part 15--Enforcement
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(2) The Minister may issue to the holder of the
authority a prohibition notice prohibiting the
holder--
(a) from carrying out, or continuing to carry out,
5 any greenhouse gas sequestration operation,
or any activity relating to a greenhouse gas
substance injection and monitoring
operation, in the authority area; or
(b) from taking any specified action in the
10 authority area--
until the Minister certifies in writing that any
direction included in the prohibition notice has
been complied with, or until the expiry of a
specified period.
15 (3) The Minister--
(a) may include in the notice directions as to
measures to be taken to remove or reduce the
risk to which the notice relates;
(b) must specify in the notice from when the
20 prohibition is to take effect.
(4) The holder of the authority must comply with the
notice.
Penalty: 600 penalty units.
(5) If the holder of an authority fails to comply with a
25 notice given to it under this section, it is guilty of
an offence for each day the failure to comply in
respect of which the notice was given continues
after the relevant prohibition takes effect.
Penalty: 20 penalty units for each day the
30 offence continues after the prohibition
takes effect.
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Part 15--Enforcement
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272 Form of notices
In issuing an improvement or prohibition notice,
the Minister must ensure that the notice--
(a) specifies the grounds on which it was issued;
5 and
(b) sets out the right of the holder of the
authority to have the notice reviewed under
this Division.
273 Right to review
10 (1) A person may apply to VCAT for a review of a
decision by the Minister to issue an improvement
or prohibition notice.
(2) An application for a review must be made within
28 days after the later of--
15 (a) the day on which the decision is made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
20 reasons is given to the person or the person is
informed under section 46(5) of that Act that
a statement of reasons will not be given.
(3) Despite section 271(3), the holder of an authority
that applies for a review of the issue of an
25 improvement notice need not comply with the
notice until--
(a) VCAT affirms the notice; or
(b) the holder abandons the application for the
review or receives written notice that VCAT
30 has dismissed the application.
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274 Defences to charge of failing to comply with a notice
(1) In a proceeding for an offence of failing to comply
with an improvement notice, it is a defence to the
charge for the accused to prove that it did not
5 contravene this Act, or fail to comply with a
condition of an authority, in the manner set out in
the improvement notice.
(2) In a proceeding for an offence of failing to comply
with an improvement or prohibition notice, it is a
10 defence to the charge for the accused to prove that
it took all reasonable steps to comply with the
notice.
275 Remedy of failure to comply with improvement
notice
15 (1) If the holder of an authority fails to comply with
an improvement notice, the Minister may do
anything that should have been done by the holder
of the authority to comply with the notice.
(2) The costs and expenses incurred by the Minister
20 in doing anything under subsection (1) are a debt
due by the person to the State.
Division 3--Offences
276 Corporation deemed to have the knowledge of its
officers
25 For the purposes of this Act, a corporation has the
knowledge and intent of any of its officers who is
acting, or purporting to act, in the course of his or
her duties with the corporation.
277 Offences by corporations also offences by officers
30 (1) This section applies if--
(a) an offence is committed against this Act by a
corporation; and
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(b) the offence is proved to have been
committed at the instigation of, or with the
consent or connivance of, or to have been
attributable to any wilful neglect on the part
5 of, an officer of the corporation.
(2) The officer is also guilty of the offence and is
liable to the penalty for that offence.
278 Offences by partners
(1) This section applies if a person holds an authority
10 in partnership with one or more other people.
(2) The person is also guilty of any offence against
this Act that the person's partner or partners are
found guilty of in acting, or purporting to act, on
behalf of the partnership, and is liable to the
15 penalty for that offence.
279 Offences by joint venturers
(1) This section applies if a person holds an authority
as part of a joint venture with one or more other
people.
20 (2) The person is also guilty of any offence against
this Act that the other person is, or that the other
persons are, found guilty of in acting, or
purporting to act, on behalf of the joint venture,
and is liable to the penalty for that offence.
25 280 Offences by employees and agents
(1) This section applies if a person who commits an
offence under this Act committed the offence
while acting--
(a) for or on behalf of another person; and
30 (b) within the scope of the actual or apparent
authority given to him or her by the other
person.
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(2) The other person is also guilty of the offence and
is liable to the penalty for that offence.
__________________
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Part 16--Administrative Matters
s. 281
PART 16--ADMINISTRATIVE MATTERS
Division 1--Greenhouse gas sequestration register
281 Greenhouse gas sequestration register
(1) The Minister must cause a greenhouse gas
5 sequestration register to be established and
maintained.
(2) The Minister must record the following in the
greenhouse gas sequestration register--
(a) authorities;
10 (b) variations, cancellations, suspensions,
extensions, or the surrender of all or part of
an authority or the conditions of an authority;
(c) any part of an agreement that purports to
create, transfer, assign, devolve or affect any
15 interest in, or conferred by, an authority;
(d) unit development agreements;
(e) the volume of greenhouse gas substances
that are permitted to be injected into an
underground geological storage formation
20 under an authority;
(f) the actual volumes of greenhouse gas
substances that are injected into underground
geological storage formation by holders of
an authority;
25 (g) the details of any exemption of land from the
application of this Act and any revocation of
that exemption;
(h) copies of any reports on the outcome of all
monitoring and verification activities carried
30 out under an injection and monitoring
licence.
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(3) The Minister, by notice published in the
Government Gazette, may also require that a
document of a specified kind relating to an
authority be registered.
5 (4) The greenhouse gas sequestration register may be
kept electronically.
282 Need for registration
The items specified in sections 281(2)(a) to
281(2)(d) and section 281(3) have no effect until a
10 document that is in a form specified, or approved,
by the Minister and that contains evidence of the
item is registered in the greenhouse gas
sequestration register.
283 Entries in register on devolution of title
15 (1) The devolution by operation of law of any rights
under an authority, or any interest in, or conferred
by, an authority, has no effect until a document in
a form approved by the Minister that provides
evidence of the devolution is registered in the
20 greenhouse gas sequestration register.
(2) Subsection (1) applies despite anything to the
contrary in any Act or rule of law.
(3) Nothing in this section limits any discretion
conferred on the Minister by Division 3 of Part 9.
25 284 Registration
(1) To register a document, the Minister must--
(a) either--
(i) enter details of the document in the
greenhouse gas sequestration register;
30 or
(ii) lodge a copy of the document in the
register; and
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(b) enter in the register the date the details were
entered or the document was lodged; and
(c) give the person who sought registration of
the document a copy of the document
5 endorsed with a notation that the document
has been registered and details of the date
and time entered in the register under
paragraph (b).
(2) The Minister may--
10 (a) determine what details of a document are to
be lodged in the register;
(b) require that documents of a particular type be
in a specified form before accepting them for
registration;
15 (c) require that documents of a particular type
contain specified information before
accepting them for registration.
285 Effect of registration
The registration of a document does not give any
20 right, interest or dealing that is evidenced by that
document any force or effect that the right,
interest or dealing would not have had if this Part
had not been enacted.
286 Inspection of register and documents
25 (1) On the payment of any fee required by the
regulations, a person may inspect the greenhouse
gas sequestration register and any documents that
form part of the register at any time that the office
in which the register is kept is open for business.
30 (2) On the payment of any fee required by the
regulations, a person may obtain a copy of any
entry or document in the greenhouse gas
sequestration register.
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287 Minister's certificates
(1) A certificate certifying as to any matter relating to
the contents of the greenhouse gas sequestration
register and purporting to be signed by the
5 Minister is admissible in evidence in any
proceeding as evidence of the matter certified.
(2) The Minister may supply such a certificate to any
person who applies for the certificate and pays
any fee required by the regulations for the
10 purposes of this section.
288 Minister may make corrections to register
(1) The Minister may alter the greenhouse gas
sequestration register to correct a clerical error or
an obvious defect in the register.
15 (2) The Minister may, on application being made in
writing to the Minister by a person or on his or her
own initiative, make any entries in the register that
the Minister considers appropriate for the
purposes of ensuring that the register accurately
20 records the interests and rights existing in relation
to an authority.
(3) The Minister must give the holder of the authority
to which an alteration relates written details of the
alteration.
25 289 Right to review of register entries
(1) A person may apply to VCAT for a review of the
Minister's decision to make or vary an entry in the
greenhouse gas sequestration register under
section 288.
30 (2) An application for a review must be made within
28 days after the later of--
(a) the day on which the decision is made;
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Part 16--Administrative Matters
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(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
5 reasons is given to the person or the person is
informed under section 46(5) of that Act that
a statement of reasons will not be given.
290 Offences relating to the register
A person must not wilfully--
10 (a) make, cause to be made, or concur in
making, a false entry in the greenhouse gas
sequestration register; or
(b) produce or tender in evidence a document
falsely purporting to be a copy of, or extract
15 from, an entry in the register or of or from a
document lodged with the Minister under
this Part.
Penalty: 120 penalty units.
Division 2--Other administrative matters
20 291 Minister may require further information
The Minister may require an applicant under this
Act to provide him or her with more information
concerning an application and may require the
applicant to provide the information within the
25 time specified in the request.
292 Form of documents
(1) Each document that a person submits to the
Minister under this Act must be in the form, if
any, required by the Minister.
30 (2) Each authority or other document that the Minister
issues under this Act is to be in the form
determined by the Minister.
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293 Pecuniary interest statement
A person who is employed in the administration
of this Act must comply with any of the
requirements of the regulations with respect to the
5 disclosure of his or her pecuniary interests.
Penalty: 60 penalty units.
294 Surveys and drilling operations
(1) The Minister may authorise in writing any person
to enter, or fly over, any land for the purpose of
10 making a land, mining or geological survey on
behalf of the Department.
(2) The Minister may authorise any person to enter
any land for the purpose of the carrying out by the
Department of any drilling operations for the
15 purpose of carrying out geological tests.
(3) A person authorised to enter land under
subsection (1) or (2)--
(a) may do any thing on the land that is
necessary for the purposes of the survey or
20 drilling operations; and
(b) must cause as little harm and inconvenience
and do as little damage as possible to the
land and anything on or growing on the land;
and
25 (c) must remain on the land only for so long as
is reasonably necessary; and
(d) must remove from the land on completion of
the survey or drilling operations all plant,
machinery, equipment, goods or buildings
30 brought onto, or erected on, the land other
than any of those things that the owner or
occupier agrees may be left on the land; and
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(e) must leave the land, as nearly as possible, in
the condition in which it was immediately
before the commencement of the survey or
drilling operations; and
5 (f) must use the person's best endeavours to
co-operate with the owner and occupier.
(4) Part 12 applies to any drilling operation under
subsection (2)--
(a) as if a reference in that Part to a licensee was
10 a reference to the Department; and
(b) as if a reference in that Part to the approval
of the work plan or the doing of work under
the licence was a reference to the carrying
out of the drilling operation.
15 (5) Compensation is not payable for any loss or
damage arising from the making of a survey under
subsection (1).
295 Department surveys
(1) The Minister may authorise a person employed in,
20 or acting on behalf of, the Department to enter any
land to carry out greenhouse gas sequestration
formation exploration.
(2) Part 12 (other than section 200) applies to any
greenhouse gas sequestration formation
25 exploration operation under subsection (1) as if a
reference to the holder of an authority in that Part
was a reference to the Department.
(3) Despite subsection (2), the holder of an authority
in respect of any land on which a greenhouse gas
30 sequestration formation exploration operation is
carried out under subsection (1)--
(a) is not entitled to any compensation for the
fact that the operation is being carried out;
but
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(b) is entitled to compensation for any injury
caused to any person working for it (or on its
behalf), or for any damage caused to its
equipment or facilities, as a result of the
5 negligence of the person authorised by the
Minister.
296 Delegation
(1) The Minister may, in writing, delegate to any
person employed in the Department any power of
10 the Minister under this Act, other than this power
of delegation.
(2) The Secretary may, in writing, delegate to any
person employed in the Department any power of
the Secretary under this Act, other than this power
15 of delegation.
Division 3--Fees and penalties
297 Applications not to be processed unless fee paid
If the regulations require the payment of a fee for
an application under this Act, the application must
20 not be considered until the fee is paid.
298 Fees and penalties debts due to the State
A fee, royalty or other amount payable under this
Act is a debt due to the State by the person by
whom the amount is payable and is recoverable in
25 any court of competent jurisdiction.
__________________
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Part 17--General
s. 299
PART 17--GENERAL
299 Officials must not disclose information
(1) A person must not disclose any information that is
obtained by him or her while exercising a power
5 conferred by this Act.
Penalty: 240 penalty units.
(2) A person must not use any such information to
obtain directly or indirectly any pecuniary
advantage for himself or herself or for any other
10 person.
Penalty: 240 penalty units.
(3) However, a person may disclose or use such
information if--
(a) the disclosure or use is made in the
15 performance of a duty under, or in
connection with, this Act; or
(b) the person has the consent of the person to
whom the information belongs; or
(c) the disclosure or use is made in legal
20 proceedings at the direction of a court; or
(d) the information is in the public domain at the
time it is disclosed or used.
(4) Subsection (3) is not intended to interfere with
any rights another person may have with regard to
25 the disclosure or use of the information.
300 Minister may vary method of identifying authority
areas
(1) The Minister may from time to time, by notice
published in the Government Gazette, specify the
30 method that is to be used to identify and define
authority areas.
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(2) The Minister may amend or substitute a notice
given under this section at any time by publishing
notice of the amendment or substitution in the
Government Gazette.
5 (3) An amendment or substitution takes effect on the
date specified in the notice setting out the
amendment or substitution.
301 Codes of practice
(1) For the purpose of providing practical guidance to
10 the holders of authorities in carrying out
greenhouse gas sequestration operations, the
Minister may approve a code of practice.
(2) A code of practice may--
(a) consist of any code, standard, rule,
15 specification or provision relating to
greenhouse gas sequestration operations; and
(b) apply, incorporate or refer to any document
formulated or published by any person or
body as in force at the time the code of
20 practice is approved or as amended,
formulated or published from time to time.
(3) The Minister may approve any revision of the
whole or any part of a code of practice or revoke
the approval of a code of practice.
25 (4) The Minister must cause to be published in the
Government Gazette notices of--
(a) the approval of a code of practice;
(b) the approval of a revision of the whole or
any part of a code of practice;
30 (c) the revocation of approval of a code of
practice.
(5) The Minister must cause a copy--
(a) of every approved code of practice;
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Part 17--General
s. 302
(b) if an approved code of practice has been
revised and that revision has been approved,
of every approved code of practice as so
revised;
5 (c) if an approved code of practice applies,
incorporates or refers to any other document,
of every such document--
to be made available for inspection by members of
the public without charge at the principal office of
10 the Department during normal office hours.
(6) An approved code of practice comes into effect--
(a) on the day on which notice of the approval of
the code of practice is published in the
Government Gazette or on any later day that
15 may be specified in the notice; and
(b) if the code of practice has been revised in
whole or in part, to the extent of that revision
on the day on which notice of the approval of
that revision is published in the Government
20 Gazette or on any later day that may be
specified in the notice.
(7) An approved code of practice ceases to be of
effect at the end of the day on which notice of the
revocation of the approval of the code of practice
25 is published in the Government Gazette.
(8) A person is not liable to any civil or criminal
proceedings only because the person has failed to
observe any provision of an approved code of
practice.
30 302 Use of codes of practice in proceedings
If in any proceeding under this Act it is alleged
that a person contravened a provision of this Act
in relation to which an approved code of practice
was in effect at the time of the alleged
35 contravention--
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(a) the approved code of practice is admissible
in evidence in that proceeding; and
(b) if the court is satisfied in relation to any
matter which it is necessary for the
5 prosecution to prove in order to establish the
alleged contravention that--
(i) a provision of the approved code of
practice is relevant to that matter; and
(ii) the person failed at any material time to
10 observe that provision--
that matter must be taken as proved unless
the court is satisfied that in respect of that
matter the person complied with the
provision of this Act otherwise than by way
15 of observance of that provision of the
approved code of practice.
303 Regulations
(1) The Governor in Council may make regulations
for or with respect to--
20 (a) determining the dimensions, boundaries,
form, position and extent of an authority
area; and
(b) determining the requirements to be complied
with by people who wish to acquire
25 authorities; and
(c) prescribing conditions that are to apply to a
particular type of authority or to authorities
generally; and
(d) prescribing the fees payable for authorities,
30 and the fees for applications, the processing
of applications, renewals, authority
variations and extensions, surveys,
inspections by inspectors, technical and other
assessments, exemptions, registrations in the
35 greenhouse gas sequestration register,
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Part 17--General
s. 303
inspection of the greenhouse gas
sequestration register and access to released
information; and
(e) prescribing annual fees payable by the
5 holders of authorities; and
(f) prescribing the rent that is payable by the
holders of authorities for occupying Crown
land; and
(g) requiring the holders of authorities to submit
10 specified information to the Minister and to
keep specified information, records and
samples; and
(h) requiring information to be contained in
work programs, development plans, unit
15 developments, operation plans, injection
testing plans, injection and monitoring plans,
risk management plans, monitoring and
verification plans, special access well plans,
and other plans, manuals and reports
20 required of authority holders; and
(i) requirements for pecuniary interests
statements; and
(j) the greenhouse gas sequestration register and
the documents to be registered; and
25 (k) regulating inquiries and investigations
conducted into matters under this Act; and
(l) regulating unit agreements; and
(m) requirements for greenhouse gas
infrastructure lines; and
30 (n) regulating injection testing under an
authority; and
(o) regulating injection under an authority; and
(p) regulating monitoring and verification of a
greenhouse gas substance; and
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Part 17--General
s. 303
(q) prescribing the methods to be adopted if a
well is abandoned; and
(r) regulating the injection testing of wells; and
(s) prescribing the equipment, materials and
5 casings that are to be used in greenhouse gas
sequestration operations; and
(t) regulating the underground geological
storage of greenhouse gas substances; and
(u) generally prescribing any other matter or
10 thing required or permitted by this Act to be
prescribed or necessary to be prescribed to
give effect to this Act.
(2) The regulations--
(a) may be of general or of specially limited
15 application; and
(b) may differ according to differences in time,
place or circumstance; and
(c) may require a matter affected by the
regulations to be--
20 (i) in accordance with a specified standard
or specified requirement; or
(ii) approved by or to the satisfaction of a
specified person or a specified class of
person; or
25 (iii) as specified in both subparagraphs (i)
and (ii); and
(d) may apply, adopt or incorporate any matter
contained in any document whether--
(i) wholly or partially or as amended by
30 the regulations; or
(ii) as in force at a particular time or as in
force from time to time; and
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(e) may confer a discretionary authority or
impose a duty on a specified person or a
specified class of person; and
(f) may provide in a specified case or class of
5 case for the exemption of people or things
from any of the provisions of this Act,
whether unconditionally or on specified
conditions, and either wholly or to such an
extent as is specified; and
10 (g) may impose a penalty not exceeding
20 penalty units for a contravention of the
regulations; and
(h) may be expressed as requiring the
achievement of a specified object in relation
15 to any particular subject matter.
__________________
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Part 18--Transitional Provisions and Consequential Amendments
s. 304
PART 18--TRANSITIONAL PROVISIONS AND
CONSEQUENTIAL AMENDMENTS
Division 1--Water Act 1989 licences
304 Transitional provision--Water Act 1989
5 Nothing in this Act affects the operation of a
licence, permit or other authority issued under the
Water Act 1989 that was in force immediately
before the commencement of section 16 of this
Act.
10 Division 2--EPA to administer monitoring and verification
305 Injection testing to be carried out in accordance
with approved plan
At the end of section 50 of the Greenhouse Gas
Geological Sequestration Act 2008 insert--
15 "(2) Without limiting any other power or function
of the Environment Protection Authority, the
Environment Protection Authority may
prosecute an offence against
subsection (1)(c).".
20 306 Exploration permit--reporting
(1) In section 55(1) of the Greenhouse Gas
Geological Sequestration Act 2008, for
"Minister" substitute "Environment Protection
Authority".
25 (2) For section 55(3) of the Greenhouse Gas
Geological Sequestration Act 2008 substitute--
"(3) The Environment Protection Authority must
give the Minister a copy of each report
provided under this section.
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Part 18--Transitional Provisions and Consequential Amendments
s. 307
(4) The Minister must ensure that a copy of each
report provided under this section is
available for inspection on the greenhouse
gas sequestration register.".
5 307 Injection and monitoring plan must be adhered to
At the end of section 106 of the Greenhouse Gas
Geological Sequestration Act 2008 insert--
"(2) Without limiting any other power or function
of the Environment Protection Authority, the
10 Environment Protection Authority may
prosecute an offence against
subsection (1)(c).".
308 Injection and monitoring licence--reporting
(1) In section 111(1) of the Greenhouse Gas
15 Geological Sequestration Act 2008, for
"Minister" substitute "Environment Protection
Authority".
(2) For section 111(3) of the Greenhouse Gas
Geological Sequestration Act 2008 substitute--
20 "(3) The Environment Protection Authority must
give the Minister a copy of each report
provided under this section.
(4) The Minister must ensure that a copy of each
report provided under this section is
25 available for inspection on the greenhouse
gas sequestration register.".
309 Authorisation of inspectors
For section 251 of the Greenhouse Gas
Geological Sequestration Act 2008 substitute--
30 "251 Authorisation of inspectors
(1) The Minister may authorise any person who
the Minister considers suitable to carry out
inspections for the purposes of this Act.
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(2) The Environment Protection Authority may
authorise any person who the Environment
Protection Authority considers suitable to
carry out inspections for the purpose of
5 monitoring compliance with any monitoring
and verification plan forming part of an
injection testing plan or an injection and
monitoring plan approved under this Act.
(3) The Minister or the Environment Protection
10 Authority (as the case may be) must give
each authorised person an identity card that
identifies the person by name as an inspector
under this Act or an inspector for the
purposes of monitoring and verification
15 activities and that contains a photograph of
the person.
(4) If a person's authorisation as an inspector is
revoked or expires, he or she must
immediately return his or her identity card to
20 the Minister or the Environment Protection
Authority (as the case may be).
Penalty: 5 penalty units.".
310 Monitoring compliance with this Act
In section 253(2) of the Greenhouse Gas
25 Geological Sequestration Act 2008--
(a) after "section 270" insert "or 270A"; and
(b) after "section 271" insert " or 271A".
311 Compensation for damage
In sections 264(1) and 264(2) of the Greenhouse
30 Gas Geological Sequestration Act 2008, after
"the Minister" insert "or the Environment
Protection Authority".
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s. 312
312 Improvement notices
After section 270 of the Greenhouse Gas
Geological Sequestration Act 2008 insert--
"270A Compliance with monitoring and
5 verification plan--improvement notice
(1) This section applies if the Environment
Protection Authority is satisfied that the
holder of an authority is not complying with
a monitoring and verification plan forming
10 part of an injection testing plan or a
monitoring and verification plan approved in
relation to that authority.
(2) The Environment Protection Authority may
issue to the holder of the authority an
15 improvement notice requiring the holder to
take specified action within a specified
period to stop the failure to comply from
continuing or occurring again.
(3) The holder of the authority must comply
20 with the notice.
Penalty: 240 penalty units.
(4) Without limiting any other power or function
of the Environment Protection Authority, the
Environment Protection Authority may
25 prosecute an offence against subsection (3).".
313 Prohibition notices
After section 271 of the Greenhouse Gas
Geological Sequestration Act 2008 insert--
"271A Compliance with monitoring and
30 verification plan--prohibition notice
(1) This section applies if--
(a) the Environment Protection Authority
is satisfied that the holder of an
authority is not complying with a
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s. 313
monitoring and verification plan
forming part of an injection testing plan
or a monitoring and verification plan
approved in relation to that authority;
5 and
(b) that failure to comply is causing an
activity or event to occur, or an activity
or event is likely to occur, in an
authority area that, in the opinion of the
10 Environment Protection Authority,
creates an immediate risk--
(i) that one or more people might be
injured; or
(ii) that property may be seriously
15 damaged; or
(iii) that significant damage may occur
to the environment.
(2) The Environment Protection Authority may
issue to the holder of the authority a
20 prohibition notice prohibiting the holder--
(a) from carrying out, or continuing to
carry out, any greenhouse gas
sequestration operation, or any activity
relating to a greenhouse gas substance
25 injection and monitoring operation, in
the authority area; or
(b) from taking any specified action in the
authority area--
until the Environment Protection Authority
30 certifies in writing that any direction
included in the prohibition notice has been
complied with, or until the expiry of a
specified period.
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(3) The Environment Protection Authority--
(a) may include in the notice directions as
to measures to be taken to remove or
reduce the risk to which the notice
5 relates;
(b) must specify in the notice from when
the prohibition is to take effect.
(4) The holder of the authority must comply
with the notice.
10 Penalty: 600 penalty units.
(5) If the holder of an authority fails to comply
with a notice given to it under this section, it
is guilty of an offence for each day the
failure to comply in respect of which the
15 notice was given continues after the relevant
prohibition takes effect.
Penalty: 20 penalty units for each day the
offence continues after the
prohibition takes effect.
20 (6) Without limiting any other power or function
of the Environment Protection Authority, the
Environment Protection Authority may
prosecute an offence against subsection (4)
or (5).".
25 314 Form of notices
In section 272 of the Greenhouse Gas Geological
Sequestration Act 2008 after "Minister" insert
"or the Environment Protection Authority (as the
case may be)".
30 315 Right to review
In section 273(1) of the Greenhouse Gas
Geological Sequestration Act 2008 after
"Minister" insert "or the Environment Protection
Authority (as the case may be)".
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Part 18--Transitional Provisions and Consequential Amendments
s. 316
316 Remedy of failure to comply with improvement
notice
In section 275(1) and 275(2) of the Greenhouse
Gas Geological Sequestration Act 2008 after
5 "Minister" insert "or the Environment Protection
Authority".
317 Delegation
After section 296(2) of the Greenhouse Gas
Geological Sequestration Act 2008 insert--
10 "(3) The Environment Protection Authority may,
in writing, delegate to any person employed
in the Environment Protection Authority any
power of the Environment Protection
Authority under this Act, other than this
15 power of delegation.".
318 Regulations
(1) In section 303(1)(g) of the Greenhouse Gas
Geological Sequestration Act 2008, after "the
Minister" insert "or the Environment Protection
20 Authority".
(2) In section 303(2) of the Greenhouse Gas
Geological Sequestration Act 2008--
(a) in paragraph (h), for "subject matter."
substitute "subject matter; and";
25 (b) after paragraph (h) insert--
"(i) may contain provisions of a transitional
nature consequent on the transfer of the
administration of monitoring and
verification activities to the
30 Environment Protection Authority.".
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Part 18--Transitional Provisions and Consequential Amendments
s. 319
Division 3--Consequential amendments to other Acts
319 Catchment and Land Protection Act 1994
(1) In section 33(4) of the Catchment and Land
Protection Act 1994--
5 (a) after paragraph (ba) insert--
"(bb) exploration for underground geological
formations or injection of greenhouse
gas substances into an underground
geological storage formation within the
10 meaning of the Greenhouse Gas
Geological Sequestration Act 2008;
or"; and
(b) in paragraph (c), after "Geothermal Energy
Resources Act 2005" insert ", Greenhouse
15 Gas Geological Sequestration Act 2008".
320 National Parks Act 1975
In section 40(2) of the National Parks Act 1975,
for "Petroleum Act 1998 or the Geothermal
Energy Resources Act 2005" substitute
20 "Geothermal Energy Resources Act 2005, the
Greenhouse Gas Geological Sequestration Act
2008 or the Petroleum Act 1998".
321 Nuclear Activities (Prohibitions) Act 1983
In section 2 of the Nuclear Activities
25 (Prohibitions) Act 1983, in the definition of
mining title, after "Geothermal Energy
Resources Act 2005," insert "the Greenhouse
Gas Geological Sequestration Act 2008,".
322 Victorian Plantations Corporation Act 1993
30 In sections 9(2)(b) and 26(1) of the Victorian
Plantations Corporation Act 1993 after
"Geothermal Energy Resources Act 2005,"
insert "the Greenhouse Gas Geological
Sequestration Act 2008,".
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s. 323
323 Water Act 1989
After section 76(6) of the Water Act 1989
insert--
"(7) This section does not apply to the holder of
5 an authority under the Greenhouse Gas
Geological Sequestration Act 2008 in
relation to work carried out in accordance
with an approved injection testing plan or an
approved injection and monitoring plan.".
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561274B.I-10/9/2008 194 BILL LA INTRODUCTION 10/9/2008
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