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

Schedule 1   Amendments relating to greenhouse gas storage etc.

Offshore Petroleum Act 2006

134   After subsection 146(4A)

Insert:

Impact on greenhouse gas titles

(4B) If:

(a)(assuming that the applicant were granted a production licence over the block or blocks as to which the Joint Authority is satisfied as mentioned in paragraph 145(1)(b)) the production licence would be a post-commencement production licence; and

(b) either:

(i) the Joint Authority is satisfied that there is a significant risk that any of the operations that could be carried on under the production licence will have a significant adverse impact on operations that are being, or could be, carried on under a greenhouse gas assessment permit or a greenhouse gas holding lease; or

(ii) if one or more identified greenhouse gas storage formations are wholly situated in the permit area of a greenhouse gas assessment permit or the lease area of a greenhouse gas holding lease - the Joint Authority is satisfied that there is a significant risk that any of the operations that could be carried on under the production licence will have a significant adverse impact on operations that could be carried on under a future greenhouse gas injection licence, where the identified greenhouse gas storage formation, or any of the identified greenhouse gas storage formations, is wholly situated in the licence area of the future greenhouse gas injection licence; and

(c) the Joint Authority is not satisfied that it is in the public interest for the production licence to be granted to the applicant;

the Joint Authority must, by written notice given to the applicant, refuse to grant a production licence to the applicant.

(4C) If:

(a)(assuming that the applicant were granted a production licence over the block or blocks as to which the Joint Authority is satisfied as mentioned in paragraph 145(1)(b)) the production licence would be a post-commencement production licence; and

(b) the Joint Authority is satisfied that there is a significant risk that any of the operations that could be carried on under the production licence will have a significant adverse impact on operations that are being, or could be, carried on under a greenhouse gas injection licence; and

(c) the Joint Authority is not satisfied that:

(i) the registered holder of the greenhouse gas injection licence has agreed, in writing, to the grant of the production licence; and

(ii) to the extent to which the agreement is a dealing to which Part 3A.6 applies - the dealing has been approved under section 298-275 or is reasonably likely to be approved under that section; and

(iii) to the extent to which the agreement is a dealing to which Part 3.6 would apply if the production licence were to come into existence - it is reasonably likely that the dealing would, after the production licence comes into existence, be approved under section 275;

the Joint Authority must, by written notice given to the applicant, refuse to grant a production licence to the applicant.