Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 (117 of 2008)
Schedule 1 Amendments relating to greenhouse gas storage etc.
Offshore Petroleum Act 2006
151 After section 186
Insert:
186A Rights of production licensees following application for greenhouse gas-related pipeline licences by other persons
Application by production licensee
(1) If:
(a) a person applies for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:
(i) the conveyance of a greenhouse gas substance within a production licence area in that offshore area; or
(ii) the conveyance of a greenhouse gas substance from a place outside a production licence area to a place in the production licence area; and
(b) either:
(i) if subparagraph (a)(i) applies - the greenhouse gas substance is a by-product of petroleum recovery operations carried on under the production licence; or
(ii) if subparagraph (a)(ii) applies - the greenhouse gas substance is to be injected into the seabed or subsoil for the purpose of enhancing petroleum recovery operations carried on under the production licence; and
(c) the person is not the production licensee;
the production licensee may, within:
(d) 90 days after the publication in the Gazette of notice of the application; or
(e) such longer period, not more than 180 days, as the Joint Authority allows;
apply under section 185 for such a pipeline licence and, in the application, request that the application mentioned in the Gazette notice be rejected.
Note: For publication in the Gazette of notice of the application, see section 418.
Rejection of application by other person
(2) If a pipeline licence is granted to the production licensee as a result of an application covered by subsection (1), the Joint Authority must, by written notice given to the person mentioned in paragraph (1)(a), reject the application mentioned in paragraph (1)(d).
Extension of time
(3) The Joint Authority may allow a longer period under paragraph (1)(e) only on written application made by the production licensee within the period of 90 days mentioned in paragraph (1)(d).
186B Rights of greenhouse gas injection licensees following application for greenhouse gas-related pipeline licences by other persons
Application by greenhouse gas injection licensee
(1) If:
(a) a person applies for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:
(i) the conveyance of a greenhouse gas substance within a greenhouse gas injection licence area in that offshore area; or
(ii) the conveyance of a greenhouse gas substance from a place outside a greenhouse gas injection area to a place in the greenhouse gas injection licence area; and
(b) the greenhouse gas substance is to be injected into an identified greenhouse gas storage formation that is wholly situated in the greenhouse gas injection licence area; and
(c) the person is not the greenhouse gas injection licensee;
the greenhouse gas injection licensee may, within:
(d) 90 days after the publication in the Gazette of notice of the application; or
(e) such longer period, not more than 180 days, as the Joint Authority allows;
apply under section 185 for such a pipeline licence and, in the application, request that the application mentioned in the Gazette notice be rejected.
Note: For publication in the Gazette of notice of the application, see section 418.
Rejection of application by other person
(2) If a pipeline licence is granted to the greenhouse gas injection licensee as a result of an application covered by subsection (1), the Joint Authority must, by written notice given to the person mentioned in paragraph (1)(a), reject the application mentioned in paragraph (1)(d).
Extension of time
(3) The Joint Authority may allow a longer period under paragraph (1)(e) only on written application made by the greenhouse gas injection licensee within the period of 90 days mentioned in paragraph (1)(d).