Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 (117 of 2008)
Schedule 1 Amendments relating to greenhouse gas storage etc.
Offshore Petroleum Act 2006
157 After section 187
Insert:
187A Grant of greenhouse gas-related pipeline licence - offer document
Scope
(1) This section applies if an application for a pipeline licence has been made under section 185.
Offer document - grant of pipeline licence to a person other than production licensee
(2) If:
(a) the application is 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 applicant is not the production licensee; and
(d) the application has not been rejected under subsection 186A(2);
the Joint Authority may gave the applicant a written notice (called an offer document ) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence.
Offer document - grant of pipeline licence to production licensee
(3) If:
(a) the application is 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 applicant is the production licensee; and
(d) each of the following has been complied with:
(i) the conditions to which the production licence is, or has from time to time been, subject;
(ii) the provisions of this Chapter, Chapter 3, Chapter 4 and Part 5.1;
(iii) the regulations;
the Joint Authority must give the applicant a written notice (called an offer document ) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence.
(4) If:
(a) the application is 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 applicant is the production licensee; and
(d) any of:
(i) the conditions to which the production licence is, or has from time to time been, subject; or
(ii) the provisions of this Chapter, Chapter 3, Chapter 4 and Part 5.1; or
(iii) the provisions of the regulations;
have not been complied with; and
(e) the Joint Authority is satisfied that there are sufficient grounds to warrant the granting of the pipeline licence;
the Joint Authority may give the applicant a written notice (called an offer document ) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence.
Offer document - grant of pipeline licence to a person other than greenhouse gas injection licensee
(5) If:
(a) the application is 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 applicant is not the greenhouse gas injection licensee; and
(d) the application has not been rejected under subsection 186B(2);
the Joint Authority may gave the applicant a written notice (called an offer document ) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence.
Offer document - grant of pipeline licence to greenhouse gas injection licensee
(6) If:
(a) the application is 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 applicant is the greenhouse gas injection licensee; and
(d) each of the following has been complied with:
(i) the conditions to which the greenhouse gas injection licence is, or has from time to time been, subject;
(ii) the provisions of this Chapter, Chapter 3A, Chapter 4 and Part 5A.1;
(iii) the regulations;
the Joint Authority must give the applicant a written notice (called an offer document ) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence.
(7) If:
(a) the application is 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 applicant is the greenhouse gas injection licensee; and
(d) any of:
(i) the conditions to which the greenhouse gas injection licence is, or has from time to time been, subject; or
(ii) the provisions of this Chapter, Chapter 3A, Chapter 4 and Part 5A.1; or
(iii) the provisions of the regulations;
have not been complied with; and
(e) the Joint Authority is satisfied that there are sufficient grounds to warrant the granting of the pipeline licence;
the Joint Authority may give the applicant a written notice (called an offer document ) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence.
Route to be followed by pipeline
(8) An offer document under this section must specify the route to be followed by the greenhouse gas pipeline, and that route must be:
(a) the route shown in the plan accompanying the application; or
(b) if the Joint Authority is of the opinion that, for any reason, that route is not appropriate - a route that, in the opinion of the Joint Authority, is appropriate.
Note 1: Section 223 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 222 to provide further information, the Joint Authority may refuse to give the applicant an offer document - see subsection 222(3).