Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 (117 of 2008)

Schedule 1   Amendments relating to greenhouse gas storage etc.

Offshore Petroleum Act 2006

142   At the end of Division 3 of Part 2.5

Add:

177A Consultation with greenhouse gas titleholders - variation of infrastructure licence

Scope

(1) This section applies if:

(a) an infrastructure licence (the first infrastructure licence ) relates to a place in a block; and

(b) an application for variation of the first infrastructure licence is made under section 175; and

(c) the block:

(i) is the subject of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence; or

(ii) is the subject of a greenhouse gas search authority or greenhouse gas special authority; and

(d) the applicant is not the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority; and

(e) if subparagraph (c)(i) applies - the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not given written consent to the variation of the first infrastructure licence; and

(f) if subparagraph (c)(ii) applies:

(i) the registered holder of the greenhouse gas search authority or greenhouse gas special authority has not given written consent to the variation of the first infrastructure licence; or

(ii) the greenhouse gas search authority or greenhouse gas special authority will not expire before any construction or operation of infrastructure facilities under the first infrastructure licence, as proposed to be varied, would occur.

Consultation

(2) Before varying the first infrastructure licence, the Joint Authority must:

(a) by written notice given to the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority, give at least 30 days notice that the Joint Authority is considering the application; and

(b) give a copy of the notice to such other persons (if any) as the Joint Authority thinks fit.

(3) The notice must:

(a) set out details of the proposed variation; and

(b) invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Joint Authority about the proposal; and

(c) specify a time limit for the making of that submission.

Note: All communications to the Joint Authority are to be made through the Designated Authority - see section 45.

(4) In deciding whether to vary the first infrastructure licence, the Joint Authority must take into account any submissions made in accordance with the notice.