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

Schedule 1   Amendments relating to greenhouse gas storage etc.

Offshore Petroleum Act 2006

169   After Chapter 2

Insert:

Chapter 2A - Regulation of activities relating to injection and storage of greenhouse gas substances

Part 2A.1 - Introduction

249AA Simplified outline

The following is a simplified outline of this Chapter:

* This Chapter provides for the grant of the following titles:

(a) a greenhouse gas assessment permit (see Part 2A.2);

(b) a greenhouse gas holding lease (see Part 2A.3);

(c) a greenhouse gas injection licence (see Part 2A.4);

(d) a greenhouse gas search authority (see Part 2A.5);

(e) a greenhouse gas special authority (see Part 2A.6).

* A greenhouse gas assessment permit authorises the permittee to explore in the permit area for potential greenhouse gas storage formations and potential greenhouse gas injection sites.

* If an eligible greenhouse gas storage formation is identified in a greenhouse gas permit area, the responsible Commonwealth Minister may declare that the formation is an identified greenhouse gas storage formation.

* After the declaration of an identified greenhouse gas storage formation in a greenhouse gas permit area, the permittee may apply for a greenhouse gas holding lease or a greenhouse gas injection licence.

* A greenhouse gas holding lease is granted if the applicant is not currently in a position to inject and store a greenhouse gas substance, but is likely to be in such a position within 15 years. The lessee may apply for a greenhouse gas injection licence.

* A greenhouse gas injection licence authorises the licensee to carry out greenhouse gas injection and storage operations in the licence area.

* A greenhouse gas search authority authorises the holder to carry on operations in the authority area relating to the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites (but not to make a well).

* A greenhouse gas special authority authorises the holder to carry on certain greenhouse gas-related operations in the authority area (but not to make a well).

* Part 2A.7 provides for the grant of greenhouse gas research consents. A greenhouse gas research consent authorises the holder to carry on greenhouse gas-related operations in the course of a scientific investigation.

Part 2A.2 - Greenhouse gas assessment permits

Division 1 - general provisions

249AB Simplified outline

The following is a simplified outline of this Part:

* It is an offence to explore in an offshore area for a potential greenhouse gas storage formation, or a potential greenhouse gas injection site, except:

(a) under a greenhouse gas assessment permit; or

(b) as otherwise authorised or required by or under this Act.

* This Part provides for the grant of greenhouse gas assessment permits over blocks in an offshore area.

* A greenhouse gas assessment permit authorises the permittee to explore in the permit area for potential greenhouse gas storage formations and potential greenhouse gas injection sites.

* There are 2 types of greenhouse gas assessment permits:

(a) a greenhouse gas assessment permit granted on the basis of work program bidding (a work-bid greenhouse gas assessment permit );

(b) a greenhouse gas assessment permit granted on the basis of cash bidding (a cash-bid greenhouse gas assessment permit ).

* If an eligible greenhouse gas storage formation is identified in a greenhouse gas permit area, the responsible Commonwealth Minister may declare that the formation is an identified greenhouse gas storage formation.

249AC Prohibition of unauthorised exploration for potential greenhouse gas storage formation, or potential greenhouse gas injection site, in offshore area

(1) A person commits an offence if:

(a) the person explores for:

(i) a potential greenhouse gas storage formation; or

(ii) a potential greenhouse gas injection site; and

(b) the exploration occurs in an offshore area.

Penalty: Imprisonment for 5 years.

(2) Subsection (1) does not apply to conduct that is:

(a) authorised by a greenhouse gas assessment permit; or

(b) otherwise authorised or required by or under this Act.

Note: The defendant bears an evidential burden in relation to the matter in subsection (2) - see subsection 13.3(3) of the Criminal Code.

249AD Rights conferred by greenhouse gas assessment permit

(1) A greenhouse gas assessment permit authorises the permittee, in accordance with the conditions (if any) to which the permit is subject:

(a) to explore in the permit area for a potential greenhouse gas storage formation; and

(b) to explore in the permit area for a potential greenhouse gas injection site; and

(c) to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation, so long as the relevant well is situated in the permit area; and

(d) to store, on an appraisal basis, a greenhouse gas substance in a part of a geological formation, so long as the injection of the stored greenhouse gas substance takes place at a well situated the permit area; and

(e) to inject, on an appraisal basis:

(i) air; or

(ii) petroleum; or

(iii) water;

into a part of a geological formation for purposes in connection with the exploration authorised by paragraph (a) or (b), so long as the relevant well is situated in the permit area; and

(f) to store, on an appraisal basis:

(i) air; or

(ii) petroleum; or

(iii) water;

in a part of a geological formation for purposes in connection with the exploration authorised by paragraph (a) or (b), so long as the injection of the stored air, petroleum or water takes place at a well situated in the permit area; and

(g) with the written consent of the responsible Commonwealth Minister, to recover petroleum in the permit area for the sole purpose of appraising a discovery of petroleum that was made as an incidental consequence of:

(i) the exploration authorised by paragraph (a) or (b); or

(ii) the injection authorised by paragraph (c) or (e); and

(h) to carry on such operations, and execute such works, in the permit area as are necessary for those purposes.

(2) The rights conferred on the permittee by subsection (1) are subject to this Act and the regulations.

(3) If petroleum is recovered by the permittee in the permit area as authorised by paragraph (1)(g), the petroleum does not become the property of the permittee.

(4) A greenhouse gas storage permit does not authorise the permittee to make a well outside the permit area.

249AE Conditions of greenhouse gas assessment permits

(1) The responsible Commonwealth Minister may grant a greenhouse gas assessment permit subject to whatever conditions the responsible Commonwealth Minister thinks appropriate.

(2) The conditions (if any) must be specified in the permit.

Approval of key greenhouse gas operations

(3) A greenhouse gas assessment permit is subject to the condition that the permittee will not carry on key greenhouse gas operations under the permit unless:

(a) the responsible Commonwealth Minister has approved the operations under section 249AF; and

(b) the permittee complies with the conditions (if any) to which the approval is subject.

Securities

(4) A greenhouse gas assessment permit is subject to the condition that, if the permittee is given a notice under section 249NCA, the permittee will comply with the notice.

Work-bid greenhouse gas assessment permits

(5) Any or all of the following conditions may be specified in a work-bid greenhouse gas assessment permit:

(a) conditions requiring the permittee to carry out work in, or in relation to, the permit area (including conditions requiring the permittee to carry out the work during a period of 12 months or longer, or during periods each of which is 12 months or longer);

(b) conditions relating to the amounts that the permittee must spend in carrying out such work;

(c) conditions requiring the permittee to comply with directions that:

(i) relate to the matters covered by paragraphs (a) and (b); and

(ii) are given in accordance with the permit.

Cash-bid greenhouse gas assessment permits

(6) Despite subsection (1), a cash-bid greenhouse gas assessment permit must not be granted subject to conditions requiring the permittee to:

(a) carry out work in, or in relation to, the permit area; or

(b) spend particular amounts on the carrying out of work in, or in relation to, the permit area.

Other provisions

(7) Despite subsection (2), the conditions mentioned in subsections (3) and (4) do not need to be specified in the permit.

(8) Subsections (3), (4) and (5) do not limit subsection (1).

249AF Approval by responsible Commonwealth Minister of key greenhouse gas operations

(1) A greenhouse gas assessment permittee may apply to the responsible Commonwealth Minister for approval to carry on one or more key greenhouse gas operations under the permit.

(2) If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:

(a) give the approval, with or without conditions to which the approval is subject; or

(b) by written notice given to the applicant, refuse to give the approval.

Responsible Commonwealth Minister must have regard to certain matters

(3) In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6), (7) and (8).

(4) The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key greenhouse gas operations could have on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(a) an existing exploration permit; or

(b) an existing retention lease; or

(c) an existing production licence; or

(d) a future exploration permit; or

(e) a future retention lease; or

(f) a future production licence.

(5) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(a) an existing exploration permit held by a person other than the applicant; or

(b) an existing retention lease held by a person other than the applicant; or

(c) an existing production licence held by a person other than the applicant;

the responsible Commonwealth Minister must have regard to:

(d) whether the registered holder of the exploration permit, retention lease or production licence, as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and

(e) if so - the terms of that agreement.

(6) If:

(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:

(i) a future exploration permit over a block or blocks; or

(ii) a future retention lease over a block or blocks; or

(iii) a future production licence over a block or blocks; and

(b) an exploration permit, retention lease or production licence is in force over the block or any of the blocks; and

(c) the exploration permit, retention lease or production licence is held by a person other than the applicant;

the responsible Commonwealth Minister must have regard to:

(d) whether the registered holder of the exploration permit, retention lease or production licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and

(e) if so - the terms of that agreement.

(7) If any of those key greenhouse gas operations is:

(a) an operation to inject, on an appraisal basis, a substance into a part of a geological formation; or

(b) an operation to store, on an appraisal basis, a substance in a part of a geological formation;

the responsible Commonwealth Minister must have regard to the composition of the substance.

(8) The responsible Commonwealth Minister must have regard to the public interest.

(9) Subsections (4), (5), (6) and (7) do not limit subsection (8).

(10) Subsections (4), (5), (6), (7) and (8) do not limit the matters to which the responsible Commonwealth Minister may have regard.

Circumstances in which the approval must not be given

(11) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(a) an existing pre-commencement petroleum title held by a person other than the applicant; or

(b) an existing post-commencement production licence held by a person other than the applicant;

the responsible Commonwealth Minister must not give the approval unless the registered holder of the pre-commencement petroleum title, or the post-commencement production licence, as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.

(12) If:

(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre-commencement petroleum title over a block or blocks; and

(b) the existing pre-commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;

the responsible Commonwealth Minister must not give the approval unless the registered holder of the existing pre-commencement petroleum title has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.

No right to an approval

(13) To avoid doubt, section 249AD does not imply that a greenhouse gas assessment permittee who applies for approval under subsection (1) of this section is entitled to be given the approval.

Suspension of rights

(14) For the purposes of this section, disregard a suspension of rights under section 229.

249AH Duration of greenhouse gas assessment permit

(1) The duration of a greenhouse gas assessment permit is worked out using the table:

(2) Subsection (1) has effect subject to this Chapter.

Note 1: For a special rule about the extension of the duration of a greenhouse gas assessment permit if the permittee applies for a declaration of an identified greenhouse gas storage formation, see section 249AHA.

Note 1A: For a special rule about the extension of the duration of a greenhouse gas assessment permit pending a decision on a renewal application, see subsection 249ASA(6).

Note 2: For a special rule about the extension of the duration of a greenhouse gas assessment permit if the permittee applies for a greenhouse gas holding lease or greenhouse gas injection licence, see section 249AI.

Note 3: For special rules about when a greenhouse gas assessment permit ceases to be in force following the grant of a greenhouse gas holding lease or greenhouse gas injection licence, see sections 249BL and 249CO.

Note 4: For special rules about the extension of the duration of a greenhouse gas assessment permit following a suspension or exemption decision, see sections 249KB and 249KD.

Note 5: For the surrender of a greenhouse gas assessment permit, see Part 2A.10.

Note 6: For the cancellation of a greenhouse gas assessment permit, see Part 2A.11.

249AHA Extension of greenhouse gas assessment permit if permittee applies for a declaration of an identified greenhouse gas storage formation

(1) If:

(a) a greenhouse gas assessment permit is in force; and

(b) before the time when the permit would, apart from this subsection, expire, the permittee applies to the responsible Commonwealth Minister for a declaration of an identified greenhouse gas storage formation; and

(c) if the declaration were made in accordance with the application, the identified greenhouse gas storage formation would be wholly situated in the permit area;

the permit continues in force until whichever is the latest of the following times:

(d) if the responsible Commonwealth Minister makes a declaration of an identified greenhouse gas storage formation that is wholly situated in the permit area - the end of the period of 12 months after the day on which the declaration is made;

(e) if the responsible Commonwealth Minister refuses to make a declaration of an identified greenhouse gas storage formation that is wholly situated in the permit area - the time when notice of the refusal is given to the permittee;

(f) the time when the permit would, apart from this subsection, expire.

(2) Subsection (1) has effect subject to this Chapter, but despite section 249AH.

Note: See the notes at the end of section 249AH.

249AI Extension of greenhouse gas assessment permit if permittee applies for a greenhouse gas holding lease or greenhouse gas injection licence

(1) If:

(a) a greenhouse gas assessment permit is in force over a block or blocks; and

(b) before the time when the permit would, apart from this subsection, expire, the permittee applies to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease or greenhouse gas injection licence over the block or one or more of the blocks;

the table has effect:

(2) Subsection (1) has effect subject to this Chapter but despite section 249AH.

Note: See the notes at the end of section 249AH.

Division 2 - Obtaining a work-bid greenhouse gas assessment permit

249AJ Application for work-bid greenhouse gas assessment permit - advertising of blocks

Invitation to apply for a greenhouse gas assessment permit

(1) The responsible Commonwealth Minister may, by notice published in the Gazette:

(a) invite applications for the grant of a greenhouse gas assessment permit over the block, or any or all of the blocks, specified in the notice; and

(b) specify a period within which applications may be made.

(2) If the responsible Commonwealth Minister has published a notice under subsection 249AP(1) inviting applications for the grant of a greenhouse gas assessment permit over a block, the block must not be specified in a notice under subsection (1) of this section at any time during the period specified in the subsection 249AP(1) notice.

Note: Subsection 249AP(1) deals with cash-bid greenhouse gas assessment permits.

Application for greenhouse gas assessment permit

(3) An application under this section must be accompanied by details of:

(a) the applicant's proposals for work and expenditure in relation to the block or blocks specified in the application; and

(b) the technical qualifications of the applicant and of the applicant's employees; and

(c) the technical advice available to the applicant; and

(d) the financial resources available to the applicant.

Note 1: Part 2A.8 contains additional provisions about application procedures.

Note 2: Section 249JB requires the application to be accompanied by an application fee.

Note 3: Section 249JD enables the responsible Commonwealth Minister to require the applicant to give further information.

Attributes of blocks

(4) The blocks specified in an application under this section must be blocks that are constituted by graticular sections that:

(a) constitute a single area; and

(b) are such that each graticular section in that area has a side in common with at least one other graticular section in that area.

(5) Subsection (4) does not apply to applications if the responsible Commonwealth Minister, for reasons that the responsible Commonwealth Minister thinks sufficient, includes in the subsection (1) notice a direction that subsection (4) does not apply to those applications.

249AJA Retention lessee or production licensee to be notified of proposal to advertise blocks

Scope

(1) This section applies if:

(a) the responsible Commonwealth Minister proposes to publish a notice under subsection 249AJ(1) specifying a block that is the subject of a retention lease or production licence; and

(b) at the time of the proposal, the lessee or licensee is entitled to make an application for the grant of a greenhouse gas holding lease over the block.

Notification

(2) The responsible Commonwealth Minister must, at least 60 days before the proposed publication of the subsection 249AJ(1) notice, notify the lessee or licensee of the proposed publication.

Deferral of publication of notice

(3) If, during the period:

(a) beginning when the lessee or licensee is given the notification under subsection (2); and

(b) ending at the end of the day of proposed publication of the subsection 249AJ(1) notice;

the lessee or licensee makes such an application, the responsible Commonwealth Minister must not publish the subsection 249AJ(1) notice until:

(c) the application lapses; or

(d) the lessee withdraws the application; or

(e) the responsible Commonwealth Minister refuses to grant the greenhouse gas holding lease or greenhouse gas injection licence.

249AK Grant of work-bid greenhouse gas assessment permit - offer document

Scope

(1) This section applies if an application for the grant of a greenhouse gas assessment permit has been made under section 249AJ.

Offer document

(2) The responsible Commonwealth Minister may:

(a) give the applicant a written notice (called an offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas assessment permit over the block or blocks specified in the offer document; or

(b) by written notice given to the applicant, refuse to grant a greenhouse gas assessment permit to the applicant.

Note 1: Section 249JE 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 249JD to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document - see subsection 249JD(3).

Decision must be made within 12 months

(3) The responsible Commonwealth Minister must make a decision under subsection (2) within 12 months after the end of the period specified in the relevant notice under subsection 249AJ(1).

249AL Ranking of multiple applicants for work-bid greenhouse gas assessment permit

Scope

(1) This section applies if:

(a) the responsible Commonwealth Minister publishes a notice under subsection 249AJ(1) inviting applications for the grant of a greenhouse gas assessment permit; and

(b) at the end of the period specified in the notice, 2 or more applications have been made under section 249AJ for the grant of a greenhouse gas assessment permit over the same block or blocks.

Most deserving applicant may be given offer document

(2) The responsible Commonwealth Minister may give an offer document under section 249AK to whichever applicant, in the responsible Commonwealth Minister's opinion, is most deserving of the grant of the greenhouse gas assessment permit.

(3) In determining which of the applicants is most deserving of the grant of the greenhouse gas assessment permit, the responsible Commonwealth Minister must have regard to criteria made publicly available by the responsible Commonwealth Minister.

(3A) Criteria under subsection (3) must consist of, or include, criteria relating to proposals for work and expenditure in relation to the block or blocks concerned.

(3B) Criteria under subsection (3) may include criteria relating to any or all of the following matters:

(a) economic matters;

(b) commercial matters;

(c) public interest matters.

(3C) Subsection (3B) does not limit subsection (3).

Ranking of applicants

(4) For the purposes of this section, the responsible Commonwealth Minister may rank the applicants in the order in which, in the responsible Commonwealth Minister's opinion, they are deserving of the grant of the greenhouse gas assessment permit, with the most deserving applicant being ranked highest.

(5) The responsible Commonwealth Minister may exclude from the ranking any applicant who, in the responsible Commonwealth Minister's opinion, is not deserving of the grant of the greenhouse gas assessment permit.

Applicants who are equally deserving of the grant of the greenhouse gas assessment permit

(6) If the responsible Commonwealth Minister:

(a) has considered the information accompanying the applications; and

(b) is of the opinion that 2 or more of the applicants are equally deserving of the grant of the greenhouse gas assessment permit;

the responsible Commonwealth Minister may, by written notice given to each of those applicants, invite them to give the responsible Commonwealth Minister:

(c) details (the work/expenditure details ) of their proposals for additional work and expenditure in relation to the block or blocks concerned; and

(d) any other information that is relevant in determining which of the applicants is most deserving of the grant of the greenhouse gas assessment permit.

(7) A notice under subsection (6) must:

(a) specify the kinds of work/expenditure details that the responsible Commonwealth Minister considers to be relevant in determining which of the applicants is most deserving of the grant of the greenhouse gas assessment permit; and

(b) specify the kinds of other information that the responsible Commonwealth Minister considers to be relevant in determining which of the applicants is most deserving of the grant of the greenhouse gas assessment permit; and

(c) specify the period within which the work/expenditure details and the other information must be given to the responsible Commonwealth Minister.

(8) If an applicant gives work/expenditure details or other information to the responsible Commonwealth Minister, and those details are or that information is:

(a) of a kind specified in the notice; and

(b) given within the period specified in the notice;

the responsible Commonwealth Minister must have regard to the details or information in determining which of the applicants is most deserving of the grant of the greenhouse gas assessment permit.

Criteria

(9) An instrument setting out criteria under subsection (3) is not a legislative instrument.

Note: See also section 249AO, which deals with the effect of the withdrawal or lapse of an application.

249AM Grant of work-bid greenhouse gas assessment permit

If:

(a) an applicant has been given an offer document under section 249AK; and

(b) the applicant has made a request under section 249JF in relation to the offer document within the period applicable under that section; and

(c) if the offer document specified the form and amount of a security to be lodged by the applicant - the applicant has lodged the security within the period applicable under section 249JGAA;

the responsible Commonwealth Minister must grant the applicant a greenhouse gas assessment permit over the block or blocks specified in the offer document.

Note 1: If the applicant does not make a request under section 249JF within the period applicable under that section, the application lapses at the end of that period - see subsection 249JF(4).

Note 2: If the applicant has not lodged the security within the period applicable under section 249JGAA, the application lapses at the end of that period - see section 249JGAA.

249AN Withdrawal of application

Scope

(1) This section applies if the responsible Commonwealth Minister publishes a notice under subsection 249AJ(1) inviting applications for the grant of a greenhouse gas assessment permit.

Withdrawal by single applicant

(2) If a person has made an application, the person may, by written notice given to the responsible Commonwealth Minister, withdraw the application at any time before a greenhouse gas assessment permit is granted as a result of the application.

Withdrawal by all joint applicants

(3) If 2 or more persons have made a joint application, all of those persons may, by written notice given to the responsible Commonwealth Minister, withdraw the application at any time before a greenhouse gas assessment permit is granted as a result of the application.

Withdrawal by one or more, but not all, joint applicants

(4) If:

(a) a joint application was made under section 249AJ for the grant of a greenhouse gas assessment permit; and

(b) all of the joint applicants, by written notice given to the responsible Commonwealth Minister, tell the responsible Commonwealth Minister that one or more, but not all, of them, as specified in the notice, withdraw from the application;

then:

(c) the application continues in force as if it had been made by the remaining applicant or applicants; and

(d) if the responsible Commonwealth Minister had given the joint applicants an offer document in relation to the application - the responsible Commonwealth Minister is taken not to have given the offer document to the joint applicants.

249AO Effect of withdrawal or lapse of application

Scope

(1) This section applies if:

(a) 2 or more applications have been made under section 249AJ for the grant of a greenhouse gas assessment permit over the same block or blocks; and

(b) one or more, but not all, of the applications are withdrawn or have lapsed.

Application is taken not to have been made

(2) A withdrawn or lapsed application is taken not to have been made.

Offer document is taken not to have been given

(3) If the responsible Commonwealth Minister gave an offer document in relation to a withdrawn or lapsed application, the responsible Commonwealth Minister is taken not to have given an offer document in relation to the withdrawn or lapsed application.

Request to grant greenhouse gas assessment permit

(4) If the applicant, or one of the applicants, whose application had been withdrawn had requested the responsible Commonwealth Minister under section 249JF to grant a greenhouse gas assessment permit to the applicant concerned, the request is taken not to have been made.

Discharge of security

(5) If:

(a) the offer document in relation to a withdrawn application specified the form and amount of a security to be lodged by the applicant; and

(b) the applicant had lodged the security;

the security is discharged.

Refusal to grant greenhouse gas assessment permit

(6) If the following conditions are satisfied in relation to a remaining applicant:

(a) the responsible Commonwealth Minister had refused to grant a greenhouse gas assessment permit to the remaining applicant;

(b) the responsible Commonwealth Minister did not exclude the remaining applicant from the ranking under subsection 249AL(5);

the refusal is taken not to have occurred.

Division 3 - Obtaining a cash-bid greenhouse gas assessment permit

249AP Application for cash-bid greenhouse gas assessment permit

Invitation to apply for a greenhouse gas assessment permit

(1) The responsible Commonwealth Minister may, by notice published in the Gazette:

(a) invite applications by way of cash bidding for the grant of a greenhouse gas assessment permit over the block or blocks specified in the notice; and

(b) specify a period within which applications may be made.

(2) If the responsible Commonwealth Minister has published a notice under subsection 249AJ(1) inviting applications for the grant of a greenhouse gas assessment permit over a block, the block must not be specified in a notice under subsection (1) of this section at any time during the period specified in the subsection 249AJ(1) notice.

Note: Subsection 249AJ(1) deals with work-bid greenhouse gas assessment permits.

(3) A notice under subsection (1) must:

(a) contain a summary of the conditions to which the permit will be subject; and

(b) specify the matters that the responsible Commonwealth Minister will take into account in deciding whether to reject an application.

(4) If a notice under subsection (1) specifies more than one block, those blocks must be constituted by graticular sections that:

(a) constitute a single area; and

(b) are such that each graticular section in that area has a side in common with at least one other graticular section in that area.

Application for greenhouse gas assessment permit

(5) If a notice under subsection (1) specifies more than one block, an application under this section must be for a greenhouse gas assessment permit over all of the specified blocks.

(6) An application under this section must:

(a) be accompanied by details of:

(i) the technical qualifications of the applicant and of the applicant's employees; and

(ii) the technical advice available to the applicant; and

(iii) the financial resources available to the applicant; and

(b) specify the amount that the applicant would be prepared to pay for the grant of the permit.

Note 1: Part 2A.8 contains additional provisions about application procedures.

Note 2: Section 249JB requires the application to be accompanied by an application fee.

Note 3: Section 249JD enables the responsible Commonwealth Minister to require the applicant to give further information.

249APA Retention lessee or production licensee to be notified of proposal to advertise blocks

Scope

(1) This section applies if:

(a) the responsible Commonwealth Minister proposes to publish a notice under subsection 249AP(1) specifying a block that is the subject of a retention lease or production licence; and

(b) at the time of the proposal, the lessee or licensee is entitled to make an application for the grant of a greenhouse gas holding lease or a greenhouse gas injection licence over the block.

Notification

(2) The responsible Commonwealth Minister must, at least 60 days before the proposed publication of the subsection 249AP(1) notice, notify the lessee or licensee of the proposed publication.

Deferral of publication of notice

(3) If, during the period:

(a) beginning when the lessee or licensee is given the notification under subsection (2); and

(b) ending at the end of the day of proposed publication of the subsection 249AP(1) notice;

the lessee or licensee makes such an application, the responsible Commonwealth Minister must not publish the subsection 249AP(1) notice until:

(c) the application lapses; or

(d) the lessee withdraws the application; or

(e) the responsible Commonwealth Minister refuses to grant the greenhouse gas holding lease or greenhouse gas injection licence.

249AQ Grant of cash-bid greenhouse gas assessment permit - only one application

Scope

(1) This section applies if:

(a) the responsible Commonwealth Minister publishes a notice under subsection 249AP(1) inviting applications for the grant of a greenhouse gas assessment permit over a block or blocks; and

(b) at the end of the period specified in the notice, only one application has been made under section 249AP in relation to the block or blocks.

Offer document

(2) The responsible Commonwealth Minister may:

(a) give the applicant a written notice (called an offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas assessment permit over that block or those blocks; or

(b) by written notice given to the applicant, reject the application.

Note 1: Section 249JE 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 249JD to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document - see subsection 249JD(3).

249AR Grant of cash-bid greenhouse gas assessment permit - 2 or more applications

Scope

(1) This section applies if:

(a) the responsible Commonwealth Minister publishes a notice under subsection 249AP(1) inviting applications for the grant of a greenhouse gas assessment permit over a block or blocks; and

(b) at the end of the period specified in the notice, 2 or more applications have been made under section 249AP in relation to the block or blocks.

Rejection of applications

(2) The responsible Commonwealth Minister may reject any or all of the applications.

Unrejected applications

(3) If the responsible Commonwealth Minister does not reject all of the applications, the table has effect:

(4) An offer document given to an applicant must tell the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas assessment permit over the block or blocks.

Note 1: Section 249JE sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).

Note 2: If an applicant breaches a requirement under section 249JD to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document - see subsection 249JD(3).

(5) If:

(a) an applicant is given an offer document under this section; and

(b) the application lapses as provided by section 249JF, 249JG or 249JGAA; and

(c) there are one or more remaining unrejected applications;

subsections (3) and (4) of this section apply in relation to the remaining unrejected applications.

Unsuccessful applications

(6) If the responsible Commonwealth Minister does not give an offer document to an applicant, the responsible Commonwealth Minister must, by written notice given to the applicant, inform the applicant that the application was unsuccessful.

249AS Grant of cash-bid greenhouse gas assessment permit

(1) If:

(a) an applicant has been given an offer document under section 249AQ or 249AR; and

(b) the applicant has made a request under section 249JF in relation to the offer document within the period applicable under that section; and

(c) the applicant has paid the specified amount within the period applicable under section 249JG; and

(d) if the offer document specified the form and amount of a security to be lodged by the applicant - the applicant has lodged the security within the period applicable under section 249JGAA;

the responsible Commonwealth Minister must grant the applicant a greenhouse gas assessment permit over the block or blocks specified in the offer document.

Note 1: If the applicant does not make a request under section 249JF within the period applicable under that section, the application lapses at the end of that period - see subsection 249JF(4).

Note 2: If the applicant has not paid the specified amount within the period applicable under section 249JG, the application lapses at the end of that period - see section 249JG.

Note 3: If the applicant has not lodged the security within the period applicable under section 249JGAA, the application lapses at the end of that period - see section 249JGAA.

(2) For the purposes of this section, the specified amount is the amount specified in the offer document as the amount that the applicant must pay for the grant of the greenhouse gas assessment permit.

Division 3A - renewal of greenhouse gas assessment permits

249ASA Application for renewal of greenhouse gas assessment permit

Application for renewal

(1) The registered holder of a greenhouse gas assessment permit may apply to the responsible Commonwealth Minister for the renewal by the responsible Commonwealth Minister of the permit.

(2) A greenhouse gas assessment permit cannot be renewed more than once.

(3) An application to renew a greenhouse gas assessment permit must be made:

(a) not more than 12 months before the expiry date of the permit; and

(b) at least 180 days before the expiry date of the permit.

(4) Despite subsection (3), the responsible Commonwealth Minister may accept an application to renew a greenhouse gas assessment permit if the application is made:

(a) later than 180 days before the expiry date of the permit; and

(b) before the expiry date of the permit.

(5) An application to renew a greenhouse gas assessment permit must be accompanied by details of:

(a) the permittee's proposals for work and expenditure in relation to the permit area; and

(b) such other information (if any) as is specified in the regulations.

Note 1: Part 2A.8 contains additional provisions about application procedures.

Note 2: Section 249JB requires the application to be accompanied by an application fee.

Note 3: Section 249JD enables the responsible Commonwealth Minister to require the applicant to give further information.

Extension of duration of greenhouse gas assessment permit pending decision on application

(6) If:

(a) a greenhouse gas assessment permittee makes an application to renew the permit; and

(b) the permit would, apart from this subsection, expire:

(i) before the responsible Commonwealth Minister grants, or refuses to grant, the renewal of the permit; or

(ii) before the application lapses as provided by section 249JF;

the permit continues in force:

(c) until the responsible Commonwealth Minister grants, or refuses to grant, the renewal of the permit; or

(d) until the application so lapses;

whichever happens first.

(7) Subsection (6) has effect subject to this Chapter but despite section 249AH.

Note: See the notes at the end of section 249AH.

249ASB Renewal of greenhouse gas assessment permit - offer document

Scope

(1) This section applies if an application to renew a greenhouse gas assessment permit has been made under section 249ASA.

Offer document - compliance with conditions etc.

(2) If:

(a) each of the following has been complied with:

(i) the conditions to which the greenhouse gas assessment permit 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 provisions of the regulations; and

(b) during the period when the permit was in force, at least one notice was given under section 249NA about a part of a geological formation wholly situated in the permit area;

The responsible Commonwealth Minister must give the applicant a written notice (called an Offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to renew the permit.

Note: Section 249JE sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).

Offer document - non-compliance with conditions etc.

(3) If:

(a) any of:

(i) the conditions to which the greenhouse gas assessment permit 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

(b) in a case where:

(i) the permit is a work-bid greenhouse gas assessment permit; and

(ii) the permit is subject to one or more conditions of the kind mentioned in subsection 249AE(5); and

(iii) one or more of those conditions have not been complied with;

the responsible Commonwealth Minister is satisfied that the non-compliance is attributable to unavoidable delays caused by the unavailability of essential services or essential equipment, or both; and

(c) the responsible Commonwealth Minister is satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas assessment permit;

The responsible Commonwealth Minister may give the applicant a written notice (called an Offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to renew the permit.

Note: Section 249JE sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).

Offer document - no section 249NA notice

(4) If:

(a) each of the following has been complied with:

(i) the conditions to which the greenhouse gas assessment permit 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 provisions of the regulations; and

(b) during the period when the greenhouse gas assessment permit was in force, no notice under section 249NA was given about a part of a geological formation wholly situated in the permit area; and

(c) the responsible Commonwealth Minister is satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas assessment permit;

The responsible Commonwealth Minister may give the applicant a written notice (called an Offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to renew the permit.

Note: Section 249JE sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).

work program condition

(5) For the purposes of this section, if:

(a) the greenhouse gas assessment permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area during a particular period; and

(b) the application for renewal of the permit was made during that period;

Then, in determining whether the condition has been complied with, assume that the period had ended immediately before the application for renewal was made.

249ASC Refusal to renew greenhouse gas assessment permit

Scope

(1) This section applies if an application to renew a greenhouse gas assessment permit has been made under section 249ASA.

refusal to renew

(2) If:

(a) any of:

(i) the conditions to which the greenhouse gas assessment permit 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

(b) in a case where:

(i) the permit is a work-bid greenhouse gas assessment permit; and

(ii) the permit is subject to one or more conditions of the kind mentioned in subsection 249AE(5); and

(iii) one or more of those conditions have not been complied with;

the responsible Commonwealth Minister is not satisfied that the non-compliance is attributable to unavoidable delays caused by the unavailability of essential services or essential equipment or both; and

(c) the responsible Commonwealth Minister is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas assessment permit;

The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the permit.

Note: Consultation procedures apply - see section 249JH.

(3) If:

(a) each of the following has been complied with:

(i) the conditions to which the greenhouse gas assessment permit 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 provisions of the regulations; and

(b) during the period when the permit was in force, no notice was given under section 249NA about a part of a geological formation wholly situated in the permit area; and

(c) the responsible Commonwealth Minister is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas assessment permit;

The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the permit.

Note: Consultation procedures apply - see section 249JH.

work program condition

(4) For the purposes of this section, if;

(a) the greenhouse gas assessment permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area during a particular period; and

(b) the application for renewal of the permit was made during that period;

Then, in determining whether the condition has been complied with, assume that the period had ended immediately before the application for renewal was made.

249ASD Renewal of greenhouse gas assessment permit

If:

(a) an applicant has been given an offer document under section 249ASB; and

(b) the applicant has made a request under section 249JF in relation to the offer document within the period applicable under that section; and

(c) if the offer document specified the form and amount of a security to be lodged by the applicant - the applicant has lodged the security within the period applicable under section 249JGAA;

The responsible Commonwealth Minister must renew the greenhouse gas assessment permit.

Note 1: If the applicant does not make a request under section 249JF within the period applicable under that section, the application lapses at the end of that period - see subsection 249JF(4).

Note 2: If the applicant has not lodged the security within the period applicable under section 249JGAA, the application lapses at the end of that period - see section 249JGAA.

Division 4 - Declaration of identified greenhouse gas storage formation

249AU Declaration of identified greenhouse gas storage formation

Scope

(1) This section applies if:

(a) a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, retention lease or production licence is in force; and

(b) the permittee, lessee or licensee has reasonable grounds to believe that:

(i) a part of a geological formation is an eligible greenhouse gas storage formation; and

(ii) that part is wholly situated in the permit area, lease area or licence area.

Application for declaration of identified greenhouse gas storage formation

(2) The permittee, lessee or licensee may apply to the responsible Commonwealth Minister for the declaration of the part referred to in paragraph (1)(b) as an identified greenhouse gas storage formation.

(3) An application under this section must set out:

(a) the applicant's reasons for believing that the part referred to in paragraph (1)(b) is an eligible greenhouse gas storage formation; and

(b) assuming that the part referred to in paragraph (1)(b) is an eligible greenhouse gas storage formation:

(i) the fundamental suitability determinants of the eligible greenhouse gas storage formation; and

(ii) an estimate of the spatial extent of the eligible greenhouse gas storage formation; and

(c) such other information (if any) as is specified in the regulations.

(3A) An estimate of spatial extent must comply with such requirements as are specified in the regulations.

requirement to give further information or carry out further analysis

(4) The responsible Commonwealth Minister may, by written notice given to the applicant, require the applicant:

(a) to give the responsible Commonwealth Minister, within the period specified in the notice, further information in connection with the application; or

(b) to:

(i) carry out such further analysis of relevant information as is specified in the notice; and

(ii) give the responsible Commonwealth Minister, within the period specified in the notice, a written report of the results of that analysis.

(5) If the applicant breaches a requirement under subsection (4), the responsible Commonwealth Minister may, by written notice given to the applicant:

(a) refuse to consider the application; or

(b) refuse to take any action, or any further action, in relation to the application.

variation of application

(6) At any time before the responsible Commonwealth Minister makes a decision on an application under this section, the applicant may, by written notice given to the responsible Commonwealth Minister, vary:

(a) any or all of the fundamental suitability determinants specified in the application; or

(b) the spatial extent estimated in the application.

(7) A variation of an application must be made in the approved manner.

(8) A variation of an application may be made:

(a) on the applicant's own initiative; or

(b) at the request of the responsible Commonwealth Minister.

(9) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.

Declaration

(10) If:

(a) an application is made under this section in relation to a part of a geological formation; and

(b) the responsible Commonwealth Minister is satisfied that, using the fundamental suitability determinants set out in the application:

(i) that part is an eligible greenhouse gas storage formation; and

(ii) the estimate of the spatial extent set out in the application is a reasonable estimate of the spatial extent of the eligible greenhouse gas storage formation;

The responsible Commonwealth Minister must, by writing:

(c) declare that part to be an Identified greenhouse gas storage formation for the purposes of this Act; and

(d) declare that, for the purposes of this Act, the spatial extent of the identified greenhouse gas storage formation is the spatial extent estimated in the application; and

(e) declare that the fundamental suitability determinants specified in the application are the fundamental suitability determinants Of the identified greenhouse gas storage formation for the purposes of this Act.

(11) A declaration under paragraph (10)(d) must set out the estimate of the spatial extent specified in the application.

(12) A declaration under paragraph (10)(e) must set out the fundamental suitability determinants specified in the application.

(13) A copy of a declaration under subsection (10) must be published in thegazette.

refusal to make declaration

(14) If:

(a) an application is made under this section in relation to a part of a geological formation; and

(b) the responsible Commonwealth Minister is not required by subsection (10) to make declarations under that subsection in relation to that part;

The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to declare that part to be an identified greenhouse gas storage formation.

249AUA Variation of declaration of identified greenhouse gas storage formation

Scope

(1) This section applies if a declaration is in force under section 249AU in relation to a part of a geological formation.

variation of declaration

(2) The responsible Commonwealth Minister may, by writing, vary the declaration.

(3) A variation of the declaration may be made:

(a) if the part is wholly situated in:

(i) the permit area of a greenhouse gas assessment permit; or

(ii) the lease area of a greenhouse gas holding lease; or

(iii) the licence area of a greenhouse gas injection licence; or

(iv) the licence area of a production licence; or

(v) the lease area of a retention lease;

on the application of the registered holder of the permit, lease or licence; or

(b) on the responsible Commonwealth Minister's own initiative.

Application for variation

(4) An application for a variation of the declaration must:

(a) set out the proposed variation; and

(b) specify the reasons for the proposed variation.

Criteria

(5) In deciding whether to vary the declaration, the responsible Commonwealth Minister must have regard to:

(a) any new information; and

(b) any new analysis; and

(c) any relevant scientific or technological developments; and

(d) such other matters (if any) as the responsible Commonwealth Minister considers relevant.

Consultation

(6) Before varying a declaration under subsection (2) on the responsible Commonwealth Minister's own initiative, the responsible Commonwealth Minister must consult:

(a) if the part is wholly situated in the permit area of a greenhouse gas assessment permit - the permittee; or

(b) if the part is wholly situated in the lease area of a greenhouse gas holding lease - the lessee; or

(c) if the part is wholly situated in the licence area of a greenhouse gas injection licence - the licensee; or

(d) if the part is wholly situated in the licence area of a production licence - the licensee; or

(e) if the part is wholly situated in the lease area of a retention lease - the lessee.

Publication

(7) A copy of a variation under subsection (2) must be published in thegazette.

varied declarations

(8) If a declaration in force under section 249AU is varied, a reference in this Act to the declaration is a reference to the declaration as varied.

249AUB Revocation of declaration of identified greenhouse gas storage formation

Scope

(1) This section applies if a declaration is in force under section 249AU in relation to a part of a geological formation.

revocation of declaration

(2) The responsible Commonwealth Minister may revoke the declaration if the responsible Commonwealth Minister is satisfied that, using any set of fundamental suitability determinants, the part is not an eligible greenhouse gas storage formation.

(3) A copy of a revocation under subsection (2) must be published in thegazette.

Consultation

(4) Before revoking a declaration under subsection (2), the responsible Commonwealth Minister must consult:

(a) if the part is wholly situated in the permit area of a greenhouse gas assessment permit - the permittee; or

(b) if the part is wholly situated in the lease area of a greenhouse gas holding lease - the lessee; or

(c) if the part is wholly situated in the licence area of a greenhouse gas injection licence - the licensee; or

(d) if the part is wholly situated in the licence area of a production licence - the licensee; or

(e) if the part is wholly situated in the lease area of a retention lease - the lessee.

responsible Commonwealth Minister must consider whether to vary a declaration

(5) If the responsible Commonwealth Minister proposes to revoke a declaration under subsection (2), the responsible Commonwealth Minister must consider whether the responsible Commonwealth Minister should instead vary the declaration under section 249AUA.

249AUBA Register of Identified Greenhouse Gas Storage Formations

(1) The responsible Commonwealth Minister is to maintain a register, to be known as the Register of Identified Greenhouse Gas Storage Formations, in which the responsible Commonwealth Minister includes particulars of:

(a) declarations made under section 249AU; and

(b) variations of such declarations; and

(c) revocations of such declarations.

(2) The Register may be maintained by electronic means.

(3) The Register is to be made available for inspection on the Internet.

(4) The Register is not a legislative instrument.

Division 5 - Directions

249AV Responsible Commonwealth Minister may give directions to greenhouse gas assessment permittees

(1) The responsible Commonwealth Minister may, by written notice given to a greenhouse gas assessment permittee, give the permittee a direction for the purpose of:

(a) eliminating; or

(b) mitigating; or

(c) managing;

The risk that operations carried on under the permit could have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(d) an existing exploration permit; or

(e) an existing retention lease; or

(f) an existing production licence; or

(g) a future exploration permit; or

(h) a future retention lease; or

(i) a future production licence.

(2) A direction under this section has effect, and must be complied with, despite:

(a) any previous direction under this section; and

(b) anything in the regulations or the applied provisions.

(3) A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument:

(a) as in force or existing at the time when the direction takes effect; or

(b) as in force or existing from time to time;

So long as the code of practice or standard is relevant to that matter.

(4) To avoid doubt, subsection (3) applies to an instrument, whether issued or made in Australia or outside Australia.

(5) A direction under this section may prohibit the doing of an act or thing:

(a) unconditionally; or

(b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.

(6) A direction under this section is not a legislative instrument.

249AW Compliance with directions

(1) A person commits an offence if:

(a) the person is given a direction under section 249AV; and

(b) the person engages in conduct; and

(c) the person's conduct breaches the direction.

Penalty: 100 penalty units.

(2) An offence against subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of theCriminal Code.

Part 2A.3 - greenhouse gas holding leases

Division 1 - general provisions

249BA Simplified outline

The following is a simplified outline of this Part:

* This Part provides for the grant of greenhouse gas holding leases over blocks in an offshore area.

* A greenhouse gas holding lease authorises the lessee to explore in the lease area for potential greenhouse gas storage formations and potential greenhouse gas injection sites.

* A greenhouse gas holding lease may be granted to:

(a) the holder of a greenhouse gas assessment permit; or

(b) the holder of a greenhouse gas injection licence, where no greenhouse gas injection or permanent storage operations have been carried on under the licence; or

(c) an unsuccessful applicant for a greenhouse gas injection licence; or

(d) the holder of a retention lease.

* The main criteria for granting a greenhouse gas holding lease are:

(a) an identified greenhouse gas storage formation is wholly situated in the lease area; and

(b) the applicant is not currently in a position to inject and permanently store a greenhouse gas substance, but is likely to be in such a position within 15 years.

249BB Rights conferred by greenhouse gas holding lease

(1) A greenhouse gas holding lease authorises the lessee, in accordance with the conditions (if any) to which the lease is subject:

(a) to explore in the lease area for a potential greenhouse gas storage formation; and

(b) to explore in the lease area for a potential greenhouse gas injection site; and

(c) to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation, so long as the relevant well is situated in the lease area; and

(d) to store, on an appraisal basis, a greenhouse gas substance in a part of a geological formation, so long as the injection of the stored greenhouse gas substance takes place at a well situated in the lease area; and

(e) to inject, on an appraisal basis:

(i) air; or

(ii) petroleum; or

(iii) water;

into a part of a geological formation for purposes in connection with the exploration authorised by paragraph (a) or (b), so long as the relevant well is situated in the lease area; and

(f) to store, on an appraisal basis:

(i) air; or

(ii) petroleum; or

(iii) water;

in a part of a geological formation for purposes in connection with the exploration authorised by paragraph (a) or (b), so long as the injection of the stored air, petroleum or water takes place at a well situated in the lease area; and

(g) with the written consent of the responsible Commonwealth Minister, to recover petroleum in the lease area for the sole purpose of appraising a discovery of petroleum that was made as an incidental consequence of:

(i) the exploration authorised by paragraph (a) or (b); or

(ii) the injection authorised by paragraph (c) or (e); and

(h) to carry on such operations, and execute such works, in the lease area as are necessary for those purposes.

(2) The rights conferred on the lessee by subsection (1) are subject to this Act and the regulations.

(3) If petroleum is recovered by the lessee in the lease area as authorised by paragraph (1)(g), the petroleum does not become the property of the lessee.

(4) A greenhouse gas holding lease does not authorise the lessee to make a well outside the lease area.

249BC Conditions of greenhouse gas holding leases

(1) The responsible Commonwealth Minister may grant a greenhouse gas holding lease subject to whatever conditions the responsible Commonwealth Minister thinks appropriate.

(2) The conditions (if any) must be specified in the lease.

Approval of key greenhouse gas operations

(3) A greenhouse gas holding lease is subject to the condition that the lessee will not carry on key greenhouse gas operations under the lease unless:

(a) the responsible Commonwealth Minister has approved the operations under section 249BD; and

(b) the lessee complies with the conditions (if any) to which the approval is subject.

Securities

(4) A greenhouse gas holding lease is subject to the condition that, if the lessee is given a notice under section 249NCA, the lessee will comply with the notice.

work to be carried out by lessee

(5) Any or all of the following conditions may be specified in a greenhouse gas holding lease:

(a) conditions requiring the lessee to carry out work in, or in relation to, the lease area;

(b) conditions about the amounts that the lessee must spend in carrying out such work;

(c) conditions requiring the lessee to comply with directions that:

(i) relate to the matters covered by paragraphs (a) and (b); and

(ii) are given in accordance with the lease.

Other provisions

(6) Despite subsection (2), the conditions mentioned in subsections (3) and (4) do not need to be specified in the lease.

(7) Subsections (3), (4) and (5) do not limit subsection (1).

249BD Approval by responsible Commonwealth Minister of key greenhouse gas operations

(1) A greenhouse gas holding lessee may apply to the responsible Commonwealth Minister for approval to carry on one or more key greenhouse gas operations under the lease.

(2) If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:

(a) give the approval, with or without conditions to which the approval is subject; or

(b) by written notice given to the applicant, refuse to give the approval.

responsible Commonwealth Minister must have regard to certain matters

(3) In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6), (7) and (8).

(4) The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key greenhouse gas operations could have on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(a) an existing exploration permit; or

(b) an existing retention lease; or

(c) an existing production licence; or

(d) a future exploration permit; or

(e) a future retention lease; or

(f) a future production licence.

(5) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(a) an existing exploration permit held by a person other than the applicant; or

(b) an existing retention lease held by a person other than the applicant; or

(c) an existing production licence held by a person other than the applicant;

The responsible Commonwealth Minister must have regard to:

(d) whether the registered holder of the exploration permit, retention lease or production licence, as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and

(e) if so - the terms of that agreement.

(6) If:

(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:

(i) a future exploration permit over a block or blocks; or

(ii) a future retention lease over a block or blocks; or

(iii) a future production licence over a block or blocks; and

(b) an exploration permit, retention lease or production licence is in force over the block or any of the blocks; and

(c) the exploration permit, retention lease or production licence is held by a person other than the applicant;

The responsible Commonwealth Minister must have regard to:

(d) whether the registered holder of the exploration permit, retention lease or production licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and

(e) if so - the terms of that agreement.

(7) If any of those key greenhouse gas operations is:

(a) an operation to inject, on an appraisal basis, a substance into a part of a geological formation; or

(b) an operation to store, on an appraisal basis, a substance in a part of a geological formation;

The responsible Commonwealth Minister must have regard to the composition of the substance.

(8) The responsible Commonwealth Minister must have regard to the public interest.

(9) Subsections (4), (5), (6) and (7) do not limit subsection (8).

(10) Subsections (4), (5), (6), (7) and (8) do not limit the matters to which the responsible Commonwealth Minister may have regard.

Circumstances in which the approval must not be given

(11) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(a) an existing pre-commencement petroleum title held by a person other than the applicant; or

(b) an existing post-commencement production licence held by a person other than the applicant;

The responsible Commonwealth Minister must not give the approval unless the registered holder of the pre-commencement petroleum title, or the post-commencement production licence, as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.

(12) If:

(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre-commencement petroleum title over a block or blocks; and

(b) the existing pre-commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;

The responsible Commonwealth Minister must not give the approval unless the registered holder of the existing pre-commencement petroleum title has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.

No right to an approval

(13) To avoid doubt, section 249BB does not imply that a greenhouse gas holding lessee who applies for approval under subsection (1) of this section is entitled to be given the approval.

Suspension of rights

(14) For the purposes of this section, disregard a suspension of rights under section 229.

249BF Duration of greenhouse gas holding lease

(1) A greenhouse gas holding lease (other than a special greenhouse gas holding lease) remains in force for the period of 5 years beginning on:

(a) the day on which the lease is granted; or

(b) if a later day is specified in the lease as the day on which the lease is to come into force - that later day.

(2) A special greenhouse gas holding lease remains in force indefinitely.

(3) Subsections (1) and (2) have effect subject to this Chapter.

Note 1: For a special rule about the extension of the duration of a greenhouse gas holding lease if the lessee applies for a special greenhouse gas holding lease or greenhouse gas injection licence, see section 249BG.

Note 2: For a special rule about the cancellation of a special greenhouse gas holding lease, see section 249BZB.

Note 2A: For a special rule about the cancellation of a greenhouse gas holding lease granted to the holder of a retention lease, see section 249BZC.

Note 3: For a special rule about the extension of the duration of a greenhouse gas holding lease pending a decision on a renewal application, see subsection 249BT(6).

Note 4: For special rules about the duration of a greenhouse gas holding lease once a decision has been made refusing to renew the lease, see subsections 249BV(4) and (5).

Note 5: For special rules about the extension of the duration of a greenhouse gas holding lease following a suspension or exemption decision, see sections 249KB and 249KD.

Note 6: For a special rule about when a greenhouse gas holding lease ceases to be in force following the grant of a greenhouse gas injection licence, see section 249CO.

Note 7: For the surrender of a greenhouse gas holding lease, see Part 2A.10.

Note 8: For the cancellation of a greenhouse gas holding lease, see Part 2A.11.

249BG Extension of greenhouse gas holding lease if lessee applies for a special greenhouse gas holding lease or greenhouse gas injection licence

(1) If:

(a) a greenhouse gas holding lease (other than a special greenhouse gas holding lease) is in force over a block or blocks; and

(b) before the time when the lease would, apart from this subsection, expire, the lessee applies to the responsible Commonwealth Minister for the grant of a special greenhouse gas holding lease or greenhouse gas injection licence over the block or one or more of the blocks;

The table has effect:

(2) Subsection (1) has effect subject to this Chapter but despite section 249BF.

Note: See the notes at the end of section 249BF.

Division 2 - Obtaining a greenhouse gas holding lease

Subdivision A - Application for greenhouse gas holding lease by the holder of a greenhouse gas assessment permit

249BH Application for greenhouse gas holding lease by the holder of a greenhouse gas assessment permit

Scope

(1) This section applies if:

(a) a greenhouse gas assessment permit is in force; and

(b) one or more identified greenhouse gas storage formations are wholly situated in the permit area.

Single identified greenhouse gas storage formation

(2) If a single identified greenhouse gas storage formation extends to:

(a) only one block in the permit area; or

(b) 2 or more blocks in the permit area;

The permittee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block or blocks to which the identified greenhouse gas storage formation extends.

Note: For Application period , see subsection (8).

multiple identified greenhouse gas storage formations

(3) If:

(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to only one block in the permit area; and

(b) a vertical line would not pass through a point in each of those identified greenhouse gas storage formations;

The permittee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block to which the identified greenhouse gas storage formations, when considered together, extend.

Note: For Application period , see subsection (8).

(4) If:

(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to:

(i) only one block in the permit area; or

(ii) 2 or more blocks in the permit area; and

(b) a vertical line would pass through a point in each of those identified greenhouse gas storage formations;

The permittee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend.

Note: For Application period , see subsection (8).

(5) If:

(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to 2 or more blocks in the permit area; and

(b) a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and

(c) for each identified greenhouse gas storage formation, at least one of the blocks to which the identified greenhouse gas storage formation extends immediately adjoins a block to which the other, or another, of those identified greenhouse gas storage formations extends;

The permittee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the blocks to which the identified greenhouse gas storage formations, when considered together, extend.

Note: For Application period , see subsection (8).

(6) For the purposes of subsection (5), a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:

(a) have a side in common; or

(b) are joined together at one point only.

Application

(7) An application under this section must be accompanied by:

(a) details of the applicant's proposals for work and expenditure in relation to:

(i) if there is a single identified greenhouse gas storage formation - the block or blocks, as the case may be, to which the identified greenhouse gas storage formation extends; or

(ii) if there are 2 or more identified greenhouse gas storage formations - the block or blocks, as the case may be, to which the identified greenhouse gas storage formations, when considered together, extend; and

(b) such other information (if any) as is specified in the regulations.

Note 1: Part 2A.8 contains additional provisions about application procedures.

Note 2: Section 249JB requires the application to be accompanied by an application fee.

Note 3: Section 249JD enables the responsible Commonwealth Minister to require the applicant to give further information.

Application period

(8) The Application period for an application under this section is:

(a) the period of 12 months after:

(i) if there is a single identified greenhouse gas storage formation - the day on which the declaration of the identified greenhouse gas storage formation was made by the responsible Commonwealth Minister; or

(i) if there are 2 or more identified greenhouse gas storage formations - the earliest day on which a declaration of any of the identified greenhouse gas storage formations was made by the responsible Commonwealth Minister; or

(b) such longer period, not more than 180 days after that day, as the responsible Commonwealth Minister allows.

(9) The responsible Commonwealth Minister may allow a longer period under paragraph (8)(b) only on written application made by the permittee within the period of 12 months mentioned in paragraph (8)(a).

variation of application

(10) At any time before an offer document, or notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.

(11) A variation of an application must be made in the approved manner.

(12) A variation of an application may be made:

(a) on the applicant's own initiative; or

(b) at the request of the responsible Commonwealth Minister.

(13) A variation of an application may set out any additional matters that the applicant wishes to be considered.

(14) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.

249BI Grant of greenhouse gas holding lease - offer document

Single identified greenhouse gas storage formation

(1) If:

(a) an application for a greenhouse gas holding lease has been made under subsection 249BH(2); and

(b) the responsible Commonwealth Minister is satisfied that the applicant is not, at the time of the application, in a position to:

(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation concerned; and

(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation concerned;

but is likely to be in such a position within 15 years;

The responsible Commonwealth Minister must give the applicant a written notice (called an Offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas holding lease over the block or blocks specified in the application.

Note 1: Section 249JE 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 249JD to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document - see subsection 249JD(3).

multiple identified greenhouse gas storage formations

(2) If:

(a) an application for a greenhouse gas holding lease has been made under subsection 249BH(3), (4) or (5); and

(b) the responsible Commonwealth Minister is satisfied that the applicant is not, at the time of the application, in a position to:

(i) inject a greenhouse gas substance into at least one of the identified greenhouse gas storage formations concerned; and

(ii) permanently store the greenhouse gas substance in at least one of the identified greenhouse gas storage formations concerned;

but is likely to be in such a position within 15 years;

The responsible Commonwealth Minister must give the applicant a written notice (called an Offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas holding lease over the block or blocks specified in the application.

Note 1: Section 249JE 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 249JD to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document - see subsection 249JD(3).

249BJ Refusal to grant greenhouse gas holding lease

Scope

(1) This section applies if an application for a greenhouse gas holding lease has been made under section 249BH.

refusal notice

(2) If the responsible Commonwealth Minister is not satisfied as to:

(a) in the case of an application made under subsection 249BH(2) - a matter referred to in paragraph 249BI(1)(b); or

(b) in the case of an application made under subsection 249BH(3), (4) or (5) - a matter referred to in paragraph 249BI(2)(b);

The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.

249BK Grant of greenhouse gas holding lease

If:

(a) an applicant has been given an offer document under section 249BI; and

(b) the applicant has made a request under section 249JF in relation to the offer document within the period applicable under that section; and

(c) if the offer document specified the form and amount of a security to be lodged by the applicant - the applicant has lodged the security within the period applicable under section 249JGAA;

The responsible Commonwealth Minister must grant the applicant a greenhouse gas holding lease over the block or blocks specified in the offer document.

Note 1: If the applicant does not make a request under section 249JF within the period applicable under that section, the application lapses at the end of that period - see subsection 249JF(4).

Note 2: If the applicant has not lodged the security within the period applicable under section 249JGAA, the application lapses at the end of that period - see section 249JGAA.

249BL Greenhouse gas assessment permit ceases to be in force when greenhouse gas holding lease comes into force

When a greenhouse gas holding lease under section 249BK comes into force in relation to one or more blocks, a greenhouse gas assessment permit ceases to be in force to the extent to which it relates to those blocks.

249BM Greenhouse gas assessment permit transferred - transferee to be treated as applicant

Scope

(1) This section applies if a transfer of a greenhouse gas assessment permit is registered under section 298-262:

(a) after an application has been made under section 249BH for the grant of a greenhouse gas holding lease over a block or blocks in relation to which the greenhouse gas assessment permit is in force; and

(b) before any action has been taken by the responsible Commonwealth Minister under section 249BI or 249BJ in relation to the application.

Transferee to be treated as applicant

(2) After the transfer, sections 249BH to 249BK and Part 2A.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.

Subdivision B - Application for greenhouse gas holding lease by the holder of a greenhouse gas injection licence

249BN Application for greenhouse gas holding lease by the holder of a greenhouse gas injection licence

(1) If:

(a) a greenhouse gas injection licence is in force over a block or blocks; and

(b) one or more identified greenhouse gas storage formations are wholly situated in the licence area;

The licensee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block or blocks.

Note: For Application period , see subsection (3).

(2) An application under this section must be accompanied by details of:

(a) the applicant's proposals for work and expenditure in relation to the block or blocks specified in the application; and

(b) such other information (if any) as is specified in the regulations.

Note 1: Part 2A.8 contains additional provisions about application procedures.

Note 2: Section 249JB requires the application to be accompanied by an application fee.

Note 3: Section 249JD enables the responsible Commonwealth Minister to require the applicant to give further information.

Application period

(3) The Application period for an application under this section by a licensee is the period of 5 years that began on the day on which the licence was granted.

variation of application

(4) At any time before an offer document, or a notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.

(5) A variation of an application must be made in the approved manner.

(6) A variation of an application may be made:

(a) on the applicant's own initiative; or

(b) at the request of the responsible Commonwealth Minister.

(7) A variation of an application may set out any additional matters that the applicant wishes to be considered.

(8) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.

249BO Grant of greenhouse gas holding lease - offer document

If:

(a) an application for a greenhouse gas holding lease has been made under section 249BN; and

(b) the responsible Commonwealth Minister is satisfied that the applicant is not, at the time of the application, in a position to:

(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and

(ii) store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;

but is likely to be in such a position within 15 years;

The responsible Commonwealth Minister must give the applicant a written notice (called an Offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas holding lease over the block or blocks specified in the application.

Note 1: Section 249JE 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 249JD to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document - see subsection 249JD(3).

249BP Refusal to grant greenhouse gas holding lease

If:

(a) an application for a greenhouse gas holding lease has been made under section 249BN; and

(b) the responsible Commonwealth Minister is not satisfied as to the matter referred to in paragraph 249BO(b) in relation to the block or blocks specified in the application;

The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.

Note: Consultation procedures apply - see section 249JH.

249BQ Grant of greenhouse gas holding lease

If:

(a) an applicant has been given an offer document under section 249BO; and

(b) the applicant has made a request under section 249JF in relation to the offer document within the period applicable under that section; and

(c) if the offer document specified the form and amount of a security to be lodged by the applicant - the applicant has lodged the security within the period applicable under section 249JGAA;

The responsible Commonwealth Minister must grant the applicant a greenhouse gas holding lease over the block or blocks specified in the offer document.

Note 1: If the applicant does not make a request under section 249JF within the period applicable under that section, the application lapses at the end of that period - see subsection 249JF(4).

Note 2: If the applicant has not lodged the security within the period applicable under section 249JGAA, the application lapses at the end of that period - see section 249JGAA.

249BR Greenhouse gas injection licence ceases to be in force when greenhouse gas holding lease comes into force

When a greenhouse gas holding lease under section 249BQ comes into force in relation to one or more blocks, a greenhouse gas injection licence ceases to be in force to the extent to which it relates to those blocks.

249BS Greenhouse gas injection licence transferred - transferee to be treated as applicant

Scope

(1) This section applies if a transfer of a greenhouse gas injection licence is registered under section 298-262:

(a) after an application has been made under section 249BN for the grant of a greenhouse gas holding lease over the block or blocks in relation to which the greenhouse gas injection licence is in force; and

(b) before any action has been taken by the responsible Commonwealth Minister under section 249BO or 249BP in relation to the application.

Transferee to be treated as applicant

(2) After the transfer, sections 249BN to 249BQ and Part 2A.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.

Subdivision C - Application for special greenhouse gas holding lease by an unsuccessful applicant for a greenhouse gas injection licence

249BSA Application for special greenhouse gas holding lease by an unsuccessful applicant for a greenhouse gas injection licence

(1) If:

(a) either of the following is in force:

(i) a greenhouse gas assessment permit;

(ii) a greenhouse gas holding lease (other than a special greenhouse gas holding lease); and

(b) one or more identified greenhouse gas storage formations are wholly situated in the permit area or lease area; and

(c) the permittee or lessee makes an application under section 249CH for the grant of a greenhouse gas injection licence over the block or blocks in which the identified greenhouse gas storage formation or formations are wholly situated; and

(d) if the applicant holds a greenhouse gas assessment permit - the responsible Commonwealth Minister refuses to grant the greenhouse gas injection licence on a ground covered by paragraph 249CI(1)(c), (d), (e), (f) or (g); and

(e) if the applicant holds a greenhouse gas holding lease - the responsible Commonwealth Minister refuses to grant the greenhouse gas injection licence on a ground covered by paragraph 249CI(2)(c), (d), (e), (f) or (g);

The permittee or lessee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a special greenhouse gas holding lease over the block or blocks covered by the unsuccessful application for the greenhouse gas injection licence.

Note: For Application period , see subsection (3).

(2) An application under this section must be accompanied by such information (if any) as is specified in the regulations.

Note 1: Part 2A.8 contains additional provisions about application procedures.

Note 2: Section 249JB requires the application to be accompanied by an application fee.

Note 3: Section 249JD enables the responsible Commonwealth Minister to require the applicant to give further information.

Application period

(3) The Application period for an application under this section by a permittee or lessee is the period of 90 days that began on the day on which the permittee or lessee was notified of the refusal to grant the greenhouse gas injection licence.

variation of application

(4) At any time before an offer document relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.

(5) A variation of an application must be made in the approved manner.

(6) A variation of an application may be made:

(a) on the applicant's own initiative; or

(b) at the request of the responsible Commonwealth Minister.

(7) A variation of an application may set out any additional matters that the applicant wishes to be considered.

(8) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.

249BSB Grant of special greenhouse gas holding lease - offer document

Scope

(1) This section applies if an application for a special greenhouse gas holding lease has been made under section 249BSA.

Offer document

(2) The responsible Commonwealth Minister must give the applicant a written notice (called an Offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a special greenhouse gas holding lease over the block or blocks covered by the application.

Note 1: Section 249JE 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 249JD to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document - see subsection 249JD(3).

249BSC Grant of special greenhouse gas holding lease

(1) If:

(a) an applicant has been given an offer document under section 249BSB; and

(b) the applicant has made a request under section 249JF in relation to the offer document within the period applicable under that section; and

(c) if the offer document specified the form and amount of a security to be lodged by the applicant - the applicant has lodged the security within the period applicable under section 249JGAA;

The responsible Commonwealth Minister must grant the applicant a greenhouse gas holding lease over the block or blocks specified in the offer document.

Note 1: If the applicant does not make a request under section 249JF within the period applicable under that section, the application lapses at the end of that period - see subsection 249JF(4).

Note 2: If the applicant has not lodged the security within the period applicable under section 249JGAA, the application lapses at the end of that period - see section 249JGAA.

(2) A greenhouse gas holding lease granted under subsection (1) is to be known as a Special greenhouse gas holding lease .

249BSD Greenhouse gas assessment permit ceases to be in force when special greenhouse gas holding lease comes into force

When a special greenhouse gas holding lease under section 249BSC comes into force in relation to one or more blocks, a greenhouse gas assessment permit ceases to be in force to the extent to which it relates to those blocks.

249BSE Ordinary greenhouse gas holding lease ceases to be in force when special greenhouse gas holding lease comes into force

When a special greenhouse gas holding lease under section 249BSC comes into force in relation to one or more blocks, a greenhouse gas holding lease (other than a special greenhouse gas holding lease) ceases to be in force to the extent to which it relates to those blocks.

249BSF Greenhouse gas assessment permit transfer - transferee to be treated as applicant

Scope

(1) This section applies if a transfer of a greenhouse gas assessment permit is registered under section 298-262:

(a) after an application has been made under section 249BSA for the grant of a special greenhouse gas holding lease over a block or blocks in relation to which the greenhouse gas assessment permit is in force; and

(b) before any action has been taken by the responsible Commonwealth Minister under section 249BSB in relation to the application.

Transferee to be treated as applicant

(2) After the transfer, sections 249BSB and 249BSC and Part 2A.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.

249BSFA Greenhouse gas holding lease transfer - transferee to be treated as applicant

Scope

(1) This section applies if a transfer of a greenhouse gas holding lease is registered under section 298-262:

(a) after an application has been made under section 249BSA for the grant of a special greenhouse gas holding lease over a block or blocks in relation to which the first-mentioned greenhouse gas holding lease is in force; and

(b) before any action has been taken by the responsible Commonwealth Minister under section 249BSB in relation to the application.

Transferee to be treated as applicant

(2) After the transfer, sections 249BSB and 249BSC and Part 2A.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.

Subdivision D - Application for greenhouse gas holding lease by the holder of a retention lease

249BSG Application for greenhouse gas holding lease by the holder of a retention lease

(1) If:

(a) a retention lease is in force over a block or blocks; and

(b) one or more identified greenhouse gas storage formations are wholly situated in the lease area;

The lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block or blocks.

(2) An application under this section must be accompanied by such information (if any) as is specified in the regulations.

Note 1: Part 2A.8 contains additional provisions about application procedures.

Note 2: Section 249JB requires the application to be accompanied by an application fee.

Note 3: Section 249JD enables the responsible Commonwealth Minister to require the applicant to give further information.

variation of application

(3) At any time before an offer document relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.

(4) A variation of an application must be made in the approved manner.

(5) A variation of an application may be made:

(a) on the applicant's own initiative; or

(b) at the request of the responsible Commonwealth Minister.

(6) A variation of an application may set out any additional matters that the applicant wishes to be considered.

(7) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.

249BSH Grant of greenhouse gas holding lease - offer document

Scope

(1) This section applies if an application for a greenhouse gas holding lease has been made under section 249BSG.

Offer document

(2) The responsible Commonwealth Minister must give the applicant a written notice (called an Offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas holding lease over the block or blocks covered by the application.

Note 1: Section 249JE 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 249JD to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document - see subsection 249JD(3).

249BSI Grant of greenhouse gas holding lease

If:

(a) an applicant has been given an offer document under section 249BSH; and

(b) the applicant has made a request under section 249JF in relation to the offer document within the period applicable under that section; and

(c) if the offer document specified the form and amount of a security to be lodged by the applicant - the applicant has lodged the security within the period applicable under section 249JGAA;

The responsible Commonwealth Minister must grant the applicant a greenhouse gas holding lease over the block or blocks specified in the offer document.

Note 1: If the applicant does not make a request under section 249JF within the period applicable under that section, the application lapses at the end of that period - see subsection 249JF(4).

Note 2: If the applicant has not lodged the security within the period applicable under section 249JGAA, the application lapses at the end of that period - see section 249JGAA.

249BSJ Retention lease transfer - transferee to be treated as applicant

Scope

(1) This section applies if a transfer of a retention lease is registered under section 262:

(a) after an application has been made under section 249BSG for the grant of a greenhouse gas holding lease over a block or blocks in relation to which the retention lease is in force; and

(b) before any action has been taken by the responsible Commonwealth Minister under section 249BSH in relation to the application.

Transferee to be treated as applicant

(2) After the transfer, sections 249BSH and 249BSI and Part 2A.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.

Division 3 - renewal of greenhouse gas holding leases

249BT Application for renewal of greenhouse gas holding lease

Application for renewal

(1) The registered holder of a greenhouse gas holding lease (other than a special greenhouse gas holding lease) may apply to the responsible Commonwealth Minister for the renewal by the responsible Commonwealth Minister of the lease.

(2) A greenhouse gas holding lease cannot be renewed more than once.

(3) An application to renew a greenhouse gas holding lease must be made:

(a) not more than 12 months before the expiry date of the lease; and

(b) at least 180 days before the expiry date of the lease.

(4) Despite subsection (3), the responsible Commonwealth Minister may accept an application to renew a greenhouse gas holding lease if the application is made:

(a) later than 180 days before the expiry date of the lease; and

(b) before the expiry date of the lease.

(5) An application to renew a greenhouse gas holding lease must be accompanied by details of:

(a) the lessee's proposals for work and expenditure in relation to the lease area; and

(b) such other information (if any) as is specified in the regulations.

Note 1: Part 2A.8 contains additional provisions about application procedures.

Note 2: Section 249JB requires the application to be accompanied by an application fee.

Note 3: Section 249JD enables the responsible Commonwealth Minister to require the applicant to give further information.

extension of duration of greenhouse gas holding lease pending decision on application

(6) If:

(a) a greenhouse gas holding lessee makes an application to renew the lease; and

(b) the lease would, apart from this subsection, expire:

(i) before the responsible Commonwealth Minister grants, or refuses to grant, the renewal of the lease; or

(ii) before the application lapses as provided by section 249JF;

The lease continues in force:

(c) until the responsible Commonwealth Minister grants, or refuses to grant, the renewal of the lease; or

(d) until the application so lapses;

whichever happens first.

(7) Subsection (6) has effect subject to this Chapter but despite section 249BF.

Note: See the notes at the end of section 249BF.

249BU Renewal of greenhouse gas holding lease - offer document

Scope

(1) This section applies if an application to renew a greenhouse gas holding lease has been made under section 249BT.

Offer document - compliance with conditions etc.

(2) If:

(a) each of the following has been complied with:

(i) the conditions to which the greenhouse gas holding lease 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; and

(b) the responsible Commonwealth Minister is satisfied that the applicant is not, at the time of the application, in a position to:

(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and

(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;

but is likely to be in such a position within 10 years;

The responsible Commonwealth Minister must give the applicant a written notice (called an Offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to renew the lease.

Note: Section 249JE sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).

Offer document - non-compliance with conditions etc.

(3) If:

(a) any of:

(i) the conditions to which the greenhouse gas holding lease 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

(b) the responsible Commonwealth Minister is satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas holding lease; and

(c) the responsible Commonwealth Minister is satisfied that the applicant is not, at the time of the application, in a position to:

(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and

(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;

but is likely to be in such a position within 10 years;

The responsible Commonwealth Minister may give the applicant a written notice (called an Offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to renew the lease.

Note: Section 249JE sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).

249BV Refusal to renew greenhouse gas holding lease

Scope

(1) This section applies if an application to renew a greenhouse gas holding lease has been made under section 249BT.

refusal on grounds of non-compliance with conditions

(2) If:

(a) any of:

(i) the conditions to which the greenhouse gas holding lease 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

(b) the responsible Commonwealth Minister is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas holding lease;

The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the lease.

Note: Consultation procedures apply - see section 249JH.

refusal on grounds that the applicant is in a position to inject and permanently store a greenhouse gas substance

(3) If the responsible Commonwealth Minister is satisfied that the applicant is, at the time of the application, in a position to:

(a) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and

(b) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;

The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the lease.

Note: Consultation procedures apply - see section 249JH.

(4) If:

(a) the responsible Commonwealth Minister makes a decision under subsection (3) refusing to renew the lease; and

(b) a notice of refusal is given to the applicant; and

(c) within 12 months after the notice was given, the lessee applies for a greenhouse gas injection licence over one or more of the blocks comprised in the lease; and

(d) the lease would, apart from this subsection, expire:

(i) before the responsible Commonwealth Minister grants, or refuses to grant, the greenhouse gas injection licence; or

(ii) before the application lapses;

The lease continues in force until:

(e) the responsible Commonwealth Minister grants, or refuses to grant, the greenhouse gas injection licence; or

(f) the application lapses;

whichever happens first.

(5) If:

(a) the responsible Commonwealth Minister makes a decision under subsection (3) refusing to renew the lease; and

(b) a notice of refusal is given to the applicant; and

(c) subsection (4) does not apply; and

(d) the lease would, apart from this subsection, expire within 12 months after the notice was given;

The lease continues in force until the end of the 12-month period beginning on the day on which the notice was given.

(6) Subsections (4) and (5) have effect subject to this Chapter but despite section 249BF.

Note: See the notes at the end of section 249BF.

249BW Renewal of greenhouse gas holding lease

If:

(a) an applicant has been given an offer document under section 249BU; and

(b) the applicant has made a request under section 249JF in relation to the offer document within the period applicable under that section; and

(c) if the offer document specified the form and amount of a security to be lodged by the applicant - the applicant has lodged the security within the period applicable under section 249JGAA;

The responsible Commonwealth Minister must renew the greenhouse gas holding lease.

Note 1: If the applicant does not make a request under section 249JF within the period applicable under that section, the application lapses at the end of that period - see subsection 249JF(4).

Note 2: If the applicant has not lodged the security within the period applicable under section 249JGAA, the application lapses at the end of that period - see section 249JGAA.

Division 4 - Directions

249BZ Responsible Commonwealth Minister may give directions to greenhouse gas holding lessees

(1) The responsible Commonwealth Minister may, by written notice given to a greenhouse gas holding lessee, give the lessee a direction for the purpose of:

(a) eliminating; or

(b) mitigating; or

(c) managing;

The risk that operations carried on under the lease could have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(d) an existing exploration permit; or

(e) an existing retention lease; or

(f) an existing production licence; or

(g) a future exploration permit; or

(h) a future retention lease; or

(i) a future production licence.

(2) A direction under this section has effect, and must be complied with, despite:

(a) any previous direction under this section; and

(b) anything in the regulations or the applied provisions.

(3) A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument:

(a) as in force or existing at the time when the direction takes effect; or

(b) as in force or existing from time to time;

So long as the code of practice or standard is relevant to that matter.

(4) To avoid doubt, subsection (3) applies to an instrument, whether issued or made in Australia or outside Australia.

(5) A direction under this section may prohibit the doing of an act or thing:

(a) unconditionally; or

(b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.

(6) A direction under this section is not a legislative instrument.

249BZA Compliance with directions

(1) A person commits an offence if:

(a) the person is given a direction under section 249BZ; and

(b) the person engages in conduct; and

(c) the person's conduct breaches the direction.

Penalty: 100 penalty units.

(2) An offence against subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of theCriminal Code.

Division 5 - Special greenhouse gas holding lessee may be requested to apply for a greenhouse gas injection licence

249BZB Responsible Commonwealth Minister may request special greenhouse gas holding lessee to apply for a greenhouse gas injection licence

(1) If:

(a) a special greenhouse gas holding lease is in force; and

(b) one or more identified greenhouse gas storage formations are wholly situated in the lease area; and

(c) the responsible Commonwealth Minister is satisfied that, if the lessee were to apply under section 249CH for the grant of a greenhouse gas injection licence over the block or blocks in which the identified greenhouse gas storage formation or formations are wholly situated, the responsible Commonwealth Minister would not refuse to grant the greenhouse gas injection licence on a ground covered by paragraph 249CI(2)(c), (d), (e), (f) or (g);

The responsible Commonwealth Minister may, by written notice given to the lessee:

(d) request the lessee to notify the responsible Commonwealth Minister, within 180 days after the day on which the notice is given to the lessee, of the lessee's intention to apply for the greenhouse gas injection licence; and

(e) request the lessee to apply for the greenhouse gas injection licence within 2 years after the day on which the notice is given to the lessee.

(2) If the lessee does not comply with a request under subsection (1), the responsible Commonwealth Minister may cancel the lease.

Division 6 - Cancellation of certain greenhouse gas holding leases granted to the holders of retention leases

249BZC Cancellation of certain greenhouse gas holding leases granted to the holders of retention leases

Scope

(1) This section applies if:

(a) a greenhouse gas holding lease is tied to a retention lease; and

(b) the retention lease is cancelled, surrendered or wholly revoked.

Cancellation of greenhouse gas holding lease

(2) The responsible Commonwealth Minister must cancel the greenhouse gas holding lease.

Part 2A.4 - greenhouse gas injection licences

Division 1 - general provisions

249CB Simplified outline

The following is a simplified outline of this Part:

* It is an offence to:

(a) inject a substance into the seabed or subsoil of an offshore area; or

(b) store (whether on a permanent basis or otherwise) a substance in the seabed or subsoil of an offshore area;

except:

(c) under a greenhouse gas injection licence; or

(d) as otherwise authorised or required by or under this Act or any other law of the Commonwealth; or

(e) if the injection or storage operations are specified in the regulations.

* This Part provides for the grant of greenhouse gas injection licences over blocks in an offshore area.

* A greenhouse gas injection licence authorises the licensee to carry out operations for the injection and permanent storage of greenhouse gas substances in the licence area, so long as the greenhouse gas substance is injected into, or permanently stored in, an identified greenhouse gas storage formation.

* There are 2 ways in which a greenhouse gas injection licence can be granted:

(a) grant of a greenhouse gas injection licence as a result of an application made by a greenhouse gas assessment permittee or greenhouse gas holding lessee;

(b) grant of a greenhouse gas injection licence as a result of an application made by a production licensee.

249CC Prohibition of unauthorised injection and storage of substances in offshore area

(1) A person commits an offence if:

(a) the person carries on operations to inject a substance into the seabed or subsoil of an offshore area; or

(b) the person carries on operations to store (whether on a permanent basis or otherwise) a substance in the seabed or subsoil of an offshore area.

Penalty: Imprisonment for 5 years.

(2) Subsection (1) does not apply if the operations are:

(a) authorised by a greenhouse gas injection licence; or

(b) otherwise authorised or required by or under:

(i) this Act; or

(ii) any other law of the Commonwealth; or

(c) specified in the regulations.

Note: The defendant bears an evidential burden in relation to the matter in subsection (2) - see subsection 13.3(3) of theCriminal Code.

249CD Rights conferred by greenhouse gas injection licence

(1) A greenhouse gas injection licence authorises the licensee, in accordance with the conditions (if any) to which the licence is subject:

(a) to inject a greenhouse gas substance into an identified greenhouse gas storage formation that is wholly situated in the licence area, so long as the relevant well is situated in the licence area; and

(b) to permanently store a greenhouse gas substance in an identified greenhouse gas storage formation that is wholly situated in the licence area, so long as the injection of the stored greenhouse gas substance takes place at a well situated in the licence area; and

(c) to explore in the licence area for a potential greenhouse gas storage formation; and

(d) to explore in the licence area for a potential greenhouse gas injection site; and

(e) to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation, so long as the relevant well is situated in the licence area; and

(f) to store, on an appraisal basis, a greenhouse gas substance in a part of a geological formation, so long as the injection of the stored greenhouse gas substance takes place at a well situated in the licence area; and

(g) to inject, on an appraisal basis:

(i) air; or

(ii) petroleum; or

(iii) water;

into a part of a geological formation for purposes in connection with the exploration authorised by paragraph (c) or (d), so long as the relevant well is situated in the licence area; and

(h) to store, on an appraisal basis:

(i) air; or

(ii) petroleum; or

(iii) water;

in a part of a geological formation for purposes in connection with the exploration authorised by paragraph (c) or (d), so long as the injection of the stored air, petroleum or water takes place at a well situated in the licence area; and

(i) with the written consent of the responsible Commonwealth Minister, to recover petroleum in the licence area for the sole purpose of appraising a discovery of petroleum that was made as an incidental consequence of:

(i) the injection authorised by paragraph (a), (e) or (g); or

(ii) the exploration authorised by paragraph (c) or (d); and

(j) to carry on such operations, and execute such works, in the licence area as are necessary for those purposes.

(2) The rights conferred on the licensee by subsection (1) are subject to this Act and the regulations.

(3) If petroleum is recovered by the licensee in the licence area as authorised by paragraph (1)(i), the petroleum does not become the property of the licensee.

(4) A greenhouse gas injection licence does not authorise the licensee to make a well outside the licence area.

249CE Conditions of greenhouse gas injection licences

(1) The responsible Commonwealth Minister may grant a greenhouse gas injection licence subject to whatever conditions the responsible Commonwealth Minister thinks appropriate.

(2) The conditions (if any) must be specified in the licence.

Injection and storage of greenhouse gas substance

(3) A greenhouse gas injection licence is subject to the condition that the licensee will not:

(a) inject a greenhouse gas substance into an identified greenhouse gas storage formation that is wholly situated in the licence area; or

(b) permanently store a greenhouse gas substance in an identified greenhouse gas storage formation that is wholly situated in the licence area;

unless:

(c) the identified greenhouse gas storage formation is specified in the licence; and

(d) the greenhouse gas substance is of a kind that is specified in the licence; and

(e) the greenhouse gas substance complies with such requirements (if any) as are specified in the licence; and

(f) the origin or origins of the greenhouse gas substance are as specified in the licence; and

(g) the greenhouse gas substance is injected at a potential greenhouse gas injection site or sites specified in the licence; and

(h) the greenhouse gas substance is injected during a period specified in the licence; and

(i) the sum of:

(i) the total amount of greenhouse gas substance that has already been injected into the identified greenhouse gas storage formation; and

(ii) the total amount of greenhouse gas substance that is proposed to be injected into the identified greenhouse gas storage formation;

does not exceed the amount specified in the licence; and

(j) the rate, or range of rates, of injection of the greenhouse gas substance is as specified in the licence; and

(k) in a case where the fundamental suitability determinants of the identified greenhouse gas storage formation include particular engineering enhancements - those engineering enhancements have been made.

(4) The matters specified in the licence as mentioned in paragraphs (3)(d) to (k) must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.

(5) To avoid doubt, 2 or more identified greenhouse gas storage formations may be specified in a greenhouse gas injection licence as mentioned in paragraph (3)(c).

(6) If 2 or more identified greenhouse gas storage formations are specified in a greenhouse gas injection licence, different matters may be specified in the licence as mentioned in paragraphs (3)(d) to (j) for different identified greenhouse gas storage formations.

(7) For the purposes of paragraph (3)(f), disregard any incidental greenhouse gas-related substances in determining the origin of a greenhouse gas substance.

(7A) If a greenhouse gas injection licence is granted under section 249CRB to the registered holder of a production licence, the origin or origins specified under paragraph (3)(f) of this section must be situated in the licence area of the production licence.

(7B) If a greenhouse gas injection licence is tied to a production licence, the origin or origins specified under paragraph (3)(f) of this section must be situated in the licence area of the production licence.

(8) The condition mentioned in subsection (3) must be specified in the licence.

Securities

(9) A greenhouse gas injection licence is subject to the condition that, if the licensee is given a notice under section 249NCA, the licensee will comply with the notice.

Access regime

(10) A greenhouse gas injection licence is subject to the condition that, if:

(a) regulations are made for the purposes of subsection (11); and

(b) those regulations impose requirements on the licensee;

The licensee will comply with those requirements.

(11) The regulations may establish a regime for third party access to services provided by means of the use of:

(a) identified greenhouse gas storage formations; or

(b) wells, equipment or structures for use in injecting greenhouse gas substances into identified greenhouse gas storage formations; or

(c) equipment or structures for use in the processing, compressing or storing of greenhouse gas substances prior to the injection of the substances into identified greenhouse gas storage formations.

Imposition of additional conditions

(12) The responsible Commonwealth Minister may, by written notice given to the registered holder of a greenhouse gas injection licence, vary the licence by imposing one or more conditions to which the licence is subject.

(13) A variation of a greenhouse gas injection licence under subsection (12) takes effect on the day on which notice of the variation is given to the licensee.

(14) If:

(a) a greenhouse gas injection licence is subject to a condition; and

(b) the condition was imposed under subsection (12);

The responsible Commonwealth Minister may, by written notice given to the licensee, vary or revoke the condition.

(15) A variation of a greenhouse gas injection licence under subsection (14) takes effect on the day on which notice of the variation is given to the licensee.

(16) Subsection (15) does not limit section 249KA.

Other provisions

(17) Despite subsection (2), the conditions mentioned in subsections (9) and (10) do not need to be specified in the licence.

(18) Subsections (3), (9) and (10) do not limit subsection (1) or (12).

249CF Duration of greenhouse gas injection licence

(1) A greenhouse gas injection licence remains in force indefinitely.

(2) Subsection (1) has effect subject to this Chapter.

Note 1: For a special rule about when a greenhouse gas injection licence ceases to be in force following the grant of a greenhouse gas holding lease, see section 249BR.

Note 2: For the termination of a greenhouse gas injection licence if there have been no injection operations for 5 years, see section 249CG.

Note 3: For the surrender of a greenhouse gas injection licence, see Part 2A.10.

Note 4: For the cancellation of a greenhouse gas injection licence, see Part 2A.11.

Termination of greenhouse gas injection licence if no injection operations for 5 years

Scope

(1) This section applies to a greenhouse gas injection licence if:

(a) both:

(i) a single identified greenhouse gas storage formation is specified in the licence; and

(ii) no operations to inject a greenhouse gas substance into the identified greenhouse gas storage formation have been carried on under the licence at any time during a continuous period of at least 5 years; or

(b) both:

(i) 2 or more identified greenhouse gas storage formations are specified in the licence; and

(ii) no operations to inject a greenhouse gas substance into any of those identified greenhouse gas storage formations have been carried on under the licence at any time during a continuous period of at least 5 years.

Termination of licence

(2) The responsible Commonwealth Minister may, by written notice given to the licensee, tell the licensee that the responsible Commonwealth Minister proposes to terminate the licence after the end of 30 days after the notice is given.

(3) At any time after the end of 30 days after the notice is given to the licensee, the responsible Commonwealth Minister may, by written notice given to the licensee, terminate the licence.

Note: For remedial directions following termination, see section 316-312.

(4) In working out, for the purposes of this section, the period in which no operations to inject a greenhouse gas substance into an identified greenhouse gas storage formation were carried on under a greenhouse gas injection licence, disregard:

(a) any period in which no such operations were carried on because of circumstances beyond the licensee's control; and

(b) any period in which no such operations were carried on because of a suspension under section 249CZC.

(5) For the purposes of paragraph (4)(a), the failure to obtain a greenhouse gas substance for injection into an identified greenhouse gas storage formation is not a circumstance beyond the licensee's control.

Consultation

(6) The responsible Commonwealth Minister may give a copy of a notice under subsection (2) to such other persons (if any) as the responsible Commonwealth Minister thinks fit.

(7) A notice under subsection (2) must:

(a) invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal to terminate the licence; and

(b) specify a time limit for making that submission.

(8) In deciding whether to terminate the licence, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.

Division 2 - Obtaining a greenhouse gas injection licence

Subdivision A - Application for greenhouse gas injection licence by the holder of a greenhouse gas assessment permit or greenhouse gas holding lease

249CH Application for greenhouse gas injection licence by greenhouse gas assessment permittee or greenhouse gas holding lessee

Scope

(1) This section applies if:

(a) a greenhouse gas assessment permit or greenhouse gas holding lease is in force; and

(b) one or more identified greenhouse gas storage formations are wholly situated in the permit area or lease area.

Single identified greenhouse gas storage formation

(2) If a single identified greenhouse gas storage formation extends to:

(a) only one block in the permit area or lease area; or

(b) 2 or more blocks in the permit area or lease area;

The permittee or lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the block or blocks to which the identified greenhouse gas storage formation extends.

multiple identified greenhouse gas storage formations

(3) If:

(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to only one block in the permit area or lease area; and

(b) a vertical line would not pass through a point in each of those identified greenhouse gas storage formations;

The permittee or lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the block to which the identified greenhouse gas storage formations extend.

(4) If:

(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to:

(i) only one block in the permit area or lease area; or

(ii) 2 or more blocks in the permit area or lease area; and

(b) a vertical line would pass through a point in each of those identified greenhouse gas storage formations;

The permittee or lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend.

(5) If:

(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to 2 or more blocks in the permit area or lease area; and

(b) a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and

(c) for each identified greenhouse gas storage formation, at least one of the blocks to which the identified greenhouse gas storage formation extends immediately adjoins a block to which the other, or another, of those identified greenhouse gas storage formations extends;

The permittee or lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the blocks to which the identified greenhouse gas storage formations, when considered together, extend.

(6) For the purposes of subsection (5), a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:

(a) have a side in common; or

(b) are joined together at one point only.

limit on application

(6A) If a greenhouse gas holding lease was granted under section 249BSI (or was granted by way of renewal of such a lease), the lessee is not entitled to make an application under this section unless:

(a) the greenhouse gas holding lease is tied to a production licence; and

(b) the lessee is the registered holder of the production licence.

Application

(7) An application under this section must set out, for each identified greenhouse gas storage formation, each of the matters which the applicant seeks to have specified in the licence as mentioned in paragraphs 249CE(3)(d) to (k).

(8) The matters set out in the application in accordance with subsection (7) must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.

(9) An application under this section must be accompanied by:

(a) a draft site plan for the identified greenhouse gas storage formation or draft site plans for each of the identified greenhouse gas storage formations; and

(b) details of the applicant's proposals for work and expenditure in relation to:

(i) if there is a single identified greenhouse gas storage formation - the block or blocks, as the case may be, to which the identified greenhouse gas storage formation extends; or

(ii) if there are 2 or more identified greenhouse gas storage formations - the block or blocks, as the case may be, to which the identified greenhouse gas storage formations, when considered together, extend; and

(c) details of:

(i) the technical qualifications of the applicant and of the applicant's employees; and

(ii) the technical advice available to the applicant; and

(iii) the financial resources available to the applicant; and

(d) such other information (if any) as is specified in the regulations.

Note 1: Part 2A.8 contains additional provisions about application procedures.

Note 2: Section 249JB requires the application to be accompanied by an application fee.

Note 3: Section 249JD enables the responsible Commonwealth Minister to require the applicant to give further information.

variation of application

(10) At any time before an offer document, or a notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.

(11) A variation of an application must be made in the approved manner.

(12) A variation of an application may be made:

(a) on the applicant's own initiative; or

(b) at the request of the responsible Commonwealth Minister.

(13) A variation of an application may set out any additional matters that the applicant wishes to be considered.

(14) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.

249CI Offer document

Application by permittee

(1) If:

(a) an application for the grant of a greenhouse gas injection licence has been made under section 249CH by a greenhouse gas assessment permittee; and

(b) the responsible Commonwealth Minister is satisfied that, if the greenhouse gas injection licence were granted to the applicant, the applicant will, within 5 years after the grant, commence operations to:

(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and

(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and

(c) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(i) an existing post-commencement exploration permit; or

(ii) an existing post-commencement retention lease (other than a retention lease granted under section 126); or

(iii) a future post-commencement production licence over the block or any of the blocks to which an existing post-commencement exploration permit, or an existing post-commencement retention lease (other than a retention lease granted under section 126), relates;

the responsible Commonwealth Minister is satisfied that the grant of the greenhouse gas injection licence is in the public interest; and

(d) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(i) an existing pre-commencement petroleum title held by a person other than the applicant; or

(ii) an existing production licence held by a person other than the applicant;

the responsible Commonwealth Minister is satisfied that:

(iii) the registered holder of the pre-commencement petroleum title or the production licence, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and

(iv) to the extent to which the agreement is a dealing to which Part 3.6 applies - the dealing has been approved under section 275 or is reasonably likely to be approved under that section; and

(v) to the extent to which the agreement is a dealing to which Part 3A.6 would apply if the greenhouse gas injection licence were to come into existence - it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 298-275; and

(e) if:

(i) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre-commencement petroleum title over a block or blocks; and

(ii) the existing pre-commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;

the responsible Commonwealth Minister is satisfied that:

(iii) the registered holder of the existing pre-commencement petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence; and

(iv) to the extent to which the agreement is a dealing to which Part 3.6 applies - the dealing has been approved under section 275 or is reasonably likely to be approved under that section; and

(v) to the extent to which the agreement is a dealing to which Part 3.6 would apply if the future pre-commencement petroleum title were to come into existence - it is reasonably likely that the dealing would, after the future pre-commencement petroleum title comes into existence, be approved under section 275; and

(vi) to the extent to which the agreement is a dealing to which Part 3A.6 would apply if the greenhouse gas injection licence were to come into existence - it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 298-275; and

(f) if:

(i) the responsible Commonwealth Minister is satisfied that the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum; and

(ii) the block or blocks as to which the responsible Commonwealth Minister is so satisfied are within the licence area of a production licence, the permit area of a pre-commencement exploration permit or the lease area of a pre-commencement retention lease; and

(iii) the recovery of the petroleum passes the commercial viability test set out in subsection (5);

the responsible Commonwealth Minister is satisfied that there is no significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on operations to recover the petroleum; and

(g) the responsible Commonwealth Minister is satisfied that:

(i) the technical qualifications of the applicant and of the applicant's employees; and

(ii) the technical advice available to the applicant; and

(iii) the financial resources available to the applicant;

are adequate; and

(h) the responsible Commonwealth Minister is satisfied that the draft site plan that accompanied the application satisfies the criteria specified in the regulations;

The responsible Commonwealth Minister must give the applicant a written notice (called an Offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas injection licence over the block or blocks specified in the application, on the basis that the matters to be specified in the greenhouse gas injection licence as mentioned in paragraphs 249CE(3)(d) to (k) will be in accordance with the application.

Application by lessee

(2) If:

(a) an application for the grant of a greenhouse gas injection licence has been made under section 249CH by a greenhouse gas holding lessee; and

(b) the responsible Commonwealth Minister is satisfied that, if the greenhouse gas injection licence were granted to the applicant, the applicant will, within 5 years after the grant, commence operations to:

(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and

(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and

(c) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(i) an existing post-commencement exploration permit; or

(ii) an existing post-commencement retention lease (other than a retention lease granted under section 126); or

(iii) a future post-commencement production licence over the block or any of the blocks to which an existing post-commencement exploration permit, or an existing post-commencement retention lease (other than a retention lease granted under section 126), relates;

the responsible Commonwealth Minister is satisfied that the grant of the greenhouse gas injection licence is in the public interest; and

(d) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(i) an existing pre-commencement petroleum title held by a person other than the applicant; or

(ii) an existing production licence held by a person other than the applicant;

the responsible Commonwealth Minister is satisfied that:

(iii) the registered holder of the pre-commencement petroleum title or the production licence, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and

(iv) to the extent to which the agreement is a dealing to which Part 3.6 applies - the dealing has been approved under section 275 or is reasonably likely to be approved under that section; and

(v) to the extent to which the agreement is a dealing to which Part 3A.6 would apply if the greenhouse gas injection licence were to come into existence - it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 298-275; and

(e) if:

(i) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre-commencement petroleum title over a block or blocks; and

(ii) the existing pre-commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;

the responsible Commonwealth Minister is satisfied that:

(iii) the registered holder of the existing pre-commencement petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence; and

(iv) to the extent to which the agreement is a dealing to which Part 3.6 applies - the dealing has been approved under section 275 or is reasonably likely to be approved under that section; and

(v) to the extent to which the agreement is a dealing to which Part 3.6 would apply if the future pre-commencement petroleum title were to come into existence - it is reasonably likely that the dealing would, after the future pre-commencement petroleum title comes into existence, be approved under section 275; and

(vi) to the extent to which the agreement is a dealing to which Part 3A.6 would apply if the greenhouse gas injection licence were to come into existence - it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 298-275; and

(f) if:

(i) the responsible Commonwealth Minister is satisfied that the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum; and

(ii) the block or blocks as to which the responsible Commonwealth Minister is so satisfied are within the licence area of a production licence, the permit area of a pre-commencement exploration permit or the lease area of a pre-commencement retention lease; and

(iii) the recovery of the petroleum passes the commercial viability test set out in subsection (5);

the responsible Commonwealth Minister is satisfied that there is no significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on operations to recover the petroleum; and

(g) the responsible Commonwealth Minister is satisfied that:

(i) the technical qualifications of the applicant and of the applicant's employees; and

(ii) the technical advice available to the applicant; and

(iii) the financial resources available to the applicant;

are adequate; and

(h) the responsible Commonwealth Minister is satisfied that the draft site plan that accompanied the application satisfies the criteria specified in the regulations;

The responsible Commonwealth Minister must give the applicant a written notice (called an Offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas injection licence over the block or blocks specified in the application, on the basis that the matters to be specified in the greenhouse gas injection licence as mentioned in paragraphs 249CE(3)(d) to (k) will be in accordance with the application.

Public interest

(3) For the purposes of paragraphs (1)(c) and (2)(c), in considering whether the grant of the greenhouse gas injection licence is in the public interest, the responsible Commonwealth Minister must have regard to:

(a) whether the registered holder of the existing post-commencement exploration permit or existing post-commencement retention lease, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and

(b) if so - the terms of that agreement.

(4) Subsection (3) does not limit the matters to which the responsible Commonwealth Minister may have regard.

Commercial viability test

(5) For the purposes of subparagraphs (1)(f)(iii) and (2)(f)(iii), the recovery of petroleum Passes the commercial viability test If, and only if, the responsible Commonwealth Minister is satisfied that:

(a) the recovery is commercially viable; or

(b) the recovery is not commercially viable, but is likely to become commercially viable within 15 years.

Deferral of decision

(6) This section has effect subject to section 249CK.

249CJ Refusal to grant greenhouse gas injection licence

Scope

(1) This section applies if:

(a) an application for a greenhouse gas injection licence has been made under section 249CH; and

(b) the responsible Commonwealth Minister is not required by section 249CI to give the applicant an offer document.

Notice

(2) The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant the applicant a greenhouse gas injection licence.

Deferral of decision

(3) This section has effect subject to section 249CK.

249CJA Grant of greenhouse gas injection licence

If:

(a) an applicant has been given an offer document under section 249CI; and

(b) the applicant has made a request under section 249JF in relation to the offer document within the period applicable under that section; and

(c) if the offer document specified the form and amount of a security to be lodged by the applicant - the applicant has lodged the security within the period applicable under section 249JGAA;

The responsible Commonwealth Minister must grant the applicant a greenhouse gas injection licence over the block or blocks specified in the offer document.

Note 1: If the applicant does not make a request under section 249JF within the period applicable under that section, the application lapses at the end of that period - see subsection 249JF(4).

Note 2: If the applicant has not lodged the security within the period applicable under section 249JGAA, the application lapses at the end of that period - see section 249JGAA.

249CK Deferral of decision to grant greenhouse gas injection licence - pending application for post-commencement exploration permit

Scope

(1) This section applies if:

(a) an application for the grant of a greenhouse gas injection licence has been made under section 249CH; and

(b) when the application for the greenhouse gas injection licence was made, an application for a post-commencement exploration permit was being considered by the Joint Authority; and

(c) the responsible Commonwealth Minister considers that it would be in the public interest to defer taking any action under section 249CI or 249CJ in relation to the application for the grant of the greenhouse gas injection licence until the application for the post-commencement exploration permit is finalised.

Deferral

(2) The responsible Commonwealth Minister must not take any action under section 249CI or 249CJ in relation to the application for the greenhouse gas injection licence until 24 hours after whichever of the following events happens first:

(a) the Joint Authority grants the post-commencement exploration permit to the applicant for the permit;

(b) the application for the post-commencement exploration permit lapses;

(c) the Joint Authority refuses to grant the post-commencement exploration permit to the applicant for the permit.

249CO Greenhouse gas assessment permit or greenhouse gas holding lease ceases to be in force when greenhouse gas injection licence comes into force

When a greenhouse gas injection licence under section 249CJA comes into force in relation to one or more blocks, a greenhouse gas assessment permit or greenhouse gas holding lease ceases to be in force to the extent to which it relates to those blocks.

249CP Greenhouse gas assessment permit transfer - transferee to be treated as applicant

Scope

(1) This section applies if a transfer of a greenhouse gas assessment permit is registered under section 298-262:

(a) after an application has been made under section 249CH for the grant of a greenhouse gas injection licence over a block or blocks in relation to which the greenhouse gas assessment permit is in force; and

(b) before any action has been taken by the responsible Commonwealth Minister under section 249CI or 249CJ in relation to the application.

Transferee to be treated as applicant

(2) After the transfer, sections 249CH to 249CJA and Part 2A.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.

249CPA Greenhouse gas holding lease transfer - transferee to be treated as applicant

Scope

(1) This section applies if a transfer of a greenhouse gas holding lease is registered under section 298-262:

(a) after an application has been made under section 249CH for the grant of a greenhouse gas injection licence over a block or blocks in relation to which the greenhouse gas holding lease is in force; and

(b) before any action has been taken by the responsible Commonwealth Minister under section 249CI or 249CJ in relation to the application.

Transferee to be treated as applicant

(2) After the transfer, sections 249CH to 249CJA and Part 2A.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.

Subdivision B - Application for greenhouse gas injection licence by the holder of a production licence

249CQ Application for greenhouse gas injection licence by the holder of a production licence

Scope

(1) This section applies if:

(a) a production licence is in force; and

(b) one or more identified greenhouse gas storage formations are wholly situated in the licence area.

Single identified greenhouse gas storage formation

(2) If:

(a) a single identified greenhouse gas storage formation extends to:

(i) only one block in the licence area; or

(ii) 2 or more blocks in the licence area; and

(b) none of the following is in force over the block or blocks to which the identified greenhouse gas storage formation extends:

(i) a greenhouse gas injection licence;

(ii) a greenhouse gas holding lease;

(iii) a greenhouse gas assessment permit;

The production licensee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the block or blocks to which the identified greenhouse gas storage formation extends.

multiple identified greenhouse gas storage formations

(3) If:

(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to only one block in the licence area; and

(b) a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and

(c) none of the following is in force over the block to which the identified greenhouse gas storage formations, when considered together, extend:

(i) a greenhouse gas injection licence;

(ii) a greenhouse gas holding lease;

(iii) a greenhouse gas assessment permit;

The production licensee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the block to which the identified greenhouse gas storage formations, when considered together, extend.

(4) If:

(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to:

(i) only one block in the licence area; or

(ii) 2 or more blocks in the licence area; and

(b) a vertical line would pass through a point in each of those identified greenhouse gas storage formations; and

(c) none of the following is in force over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend:

(i) a greenhouse gas injection licence;

(ii) a greenhouse gas holding lease;

(iii) a greenhouse gas assessment permit;

The production licensee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend.

(5) If:

(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to 2 or more blocks in the licence area; and

(b) a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and

(c) for each identified greenhouse gas storage formation, at least one of the blocks to which the identified greenhouse gas storage formation extends immediately adjoins a block to which the other, or another, of those identified greenhouse gas storage formations extends; and

(d) none of the following is in force over the blocks to which the identified greenhouse gas storage formations, when considered together, extend:

(i) a greenhouse gas injection licence;

(ii) a greenhouse gas holding lease;

(iii) a greenhouse gas assessment permit;

The production licensee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the blocks to which the identified greenhouse gas storage formations, when considered together, extend.

(6) For the purposes of subsection (5), a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:

(a) have a side in common; or

(b) are joined together at one point only.

Application

(7) An application under this section must set out, for each identified greenhouse gas storage formation, each of the matters which the applicant seeks to have specified in the licence as mentioned in paragraphs 249CE(3)(d) to (k).

(8) The matters set out in the application in accordance with subsection (7) must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.

(9) An application under this section must be accompanied by:

(a) a draft site plan for the identified greenhouse gas storage formation or draft site plans for each of the identified greenhouse gas storage formations; and

(b) details of the applicant's proposals for work and expenditure in relation to:

(i) if there is a single identified greenhouse gas storage formation - the block or blocks, as the case may be, to which the identified greenhouse gas storage formation extends; or

(ii) if there are 2 or more identified greenhouse gas storage formations - the block or blocks, as the case may be, to which the identified greenhouse gas storage formations, when considered together, extend; and

(c) details of:

(i) the technical qualifications of the applicant and of the applicant's employees; and

(ii) the technical advice available to the applicant; and

(iii) the financial resources available to the applicant; and

(d) such other information (if any) as is specified in the regulations.

Note 1: Part 2A.8 contains additional provisions about application procedures.

Note 2: Section 249JB requires the application to be accompanied by an application fee.

Note 3: Section 249JD enables the responsible Commonwealth Minister to require the applicant to give further information.

variation of application

(10) At any time before an offer document, or a notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.

(11) A variation of an application must be made in the approved manner.

(12) A variation of an application may be made:

(a) on the applicant's own initiative; or

(b) at the request of the responsible Commonwealth Minister.

(13) A variation of an application may set out any additional matters that the applicant wishes to be considered.

(14) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.

249CR Grant of greenhouse gas injection licence - offer document

If:

(a) an application for a greenhouse gas injection licence has been made under section 249CQ by the registered holder of a production licence; and

(b) the responsible Commonwealth Minister is satisfied that, if the greenhouse gas injection licence were granted to the applicant, the applicant will, within 5 years after the grant, commence operations to:

(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation or formations concerned; and

(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation or formations concerned; and

(c) either:

(i) the responsible Commonwealth Minister is satisfied that all of the greenhouse gas substance injected into the identified greenhouse gas storage formation or formations concerned will be obtained as a by-product of petroleum recovery operations carried on under the production licence; or

(ii) the responsible Commonwealth Minister is satisfied that some or all of the greenhouse gas substance injected into the identified greenhouse gas storage formation or formations concerned will be obtained as a by-product of petroleum recovery operations carried on under any production licence, and that the grant of the greenhouse gas injection licence is in the public interest; and

(d) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

(i) an existing post-commencement exploration permit; or

(ii) an existing post-commencement retention lease (other than a retention lease granted under section 126); or

(iii) a future post-commencement production licence over the block or any of the blocks to which an existing post-commencement exploration permit, or an existing post-commencement retention lease (other than a retention lease granted under section 126), relates;

the responsible Commonwealth Minister is satisfied that:

(iv) the grant of the greenhouse gas injection licence is in the public interest; or

(v) the registered holder of the exploration permit or retention lease, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence to the applicant; and

(e) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under an existing pre-commencement petroleum title - the responsible Commonwealth Minister is satisfied that the registered holder of the pre-commencement petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence to the applicant; and

(f) if:

(i) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre-commencement petroleum title over a block or blocks; and

(ii) an exploration permit, retention lease or production licence is in force over the block or any of the blocks;

the responsible Commonwealth Minister is satisfied that the registered holder of the exploration permit, retention lease or production licence covered by subparagraph (ii) has agreed, in writing, to the grant of the greenhouse gas injection licence; and

(g) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on:

(i) petroleum explorations operations; or

(ii) petroleum recovery operations;

that are being, or could be, carried on under an existing production licence held by a person other than the applicant - the responsible Commonwealth Minister is satisfied that the registered holder of the production licence has agreed, in writing, to the grant of the greenhouse gas injection licence to the applicant; and

(h) the responsible Commonwealth Minister is satisfied that:

(i) the technical qualifications of the applicant and of the applicant's employees; and

(ii) the technical advice available to the applicant; and

(iii) the financial resources available to the applicant;

are adequate; and

(i) the responsible Commonwealth Minister is satisfied that the draft site plan that accompanied the application satisfies the criteria specified in the regulations;

The responsible Commonwealth Minister may give the applicant a written notice (called an Offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas injection licence over the block or blocks specified in the application, on the basis that the matters to be specified in the greenhouse gas injection licence as mentioned in paragraphs 249CE(3)(d) to (k) will be in accordance with the application.

249CRA Refusal to grant greenhouse gas injection licence

Scope

(1) This section applies if:

(a) an application for a greenhouse gas injection licence has been made under section 249CQ; and

(b) the responsible Commonwealth Minister refuses to give the applicant an offer document.

Notice

(2) The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant the applicant a greenhouse gas injection licence.

249CRB Grant of greenhouse gas injection licence

If:

(a) an applicant has been given an offer document under section 249CR; and

(b) the applicant has made a request under section 249JF in relation to the offer document within the period applicable under that section; and

(c) if the offer document specified the form and amount of a security to be lodged by the applicant - the applicant has lodged the security within the period applicable under section 249JGAA;

The responsible Commonwealth Minister must grant the applicant a greenhouse gas injection licence over the block or blocks specified in the offer document.

Note 1: If the applicant does not make a request under section 249JF within the period applicable under that section, the application lapses at the end of that period - see subsection 249JF(4).

Note 2: If the applicant has not lodged the security within the period applicable under section 249JGAA, the application lapses at the end of that period - see section 249JGAA.

249CRE Production licence transferred - transferee to be treated as applicant

Scope

(1) This section applies if a transfer of a production licence is registered under section 262:

(a) after an application has been made under section 249CQ for the grant of a greenhouse gas injection licence over a block or blocks in relation to which the production licence is in force; and

(b) before any action has been taken by the responsible Commonwealth Minister under section 249CR or 249CRA in relation to the application.

Transferee to be treated as applicant

(2) After the transfer, sections 249CQ to 249CRB and Part 2A.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.

Division 3 - variations

249CT Variation of matters specified in greenhouse gas injection licence - general

Application

(1) A greenhouse gas injection licensee may apply to the responsible Commonwealth Minister for the variation by the responsible Commonwealth Minister of a matter specified in the licence as mentioned in any of paragraphs 249CE(3)(c) to (k).

Note 1: Consultation procedures apply - see section 249JH.

Note 2: Part 2A.8 contains additional provisions about application procedures.

Note 3: Section 249JB requires the application to be accompanied by an application fee.

Note 4: Section 249JD enables the responsible Commonwealth Minister to require the applicant to give further information.

(2) An application under subsection (1) must:

(a) set out the proposed variation; and

(b) specify the reasons for the proposed variation.

variation

(3) If an application is made under subsection (1), the responsible Commonwealth Minister may, by written notice given to the licensee:

(a) vary the matter in accordance with the application; or

(b) refuse to vary the matter in accordance with the application.

(4) If a matter specified in the licence as mentioned in any of paragraphs 249CE(3)(c) to (k) is varied under this section, the varied matter must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.

(5) A variation of a matter under this section takes effect on the day on which notice of the variation is published in thegazette.

Note: For publication in thegazetteOf notice of the variation, see section 406-418.

249CTA Variation of matters specified in greenhouse gas injection licence - declaration of identified greenhouse gas storage formation varied

Scope

(1) This section applies in relation to a greenhouse gas injection licence if:

(a) a declaration is in force under section 249AU in relation to an identified greenhouse gas storage formation that is wholly situated in the licence area; and

(b) the declaration is varied under section 249AUA; and

(c) apart from this section, a matter specified in the declaration would be inconsistent with a matter specified in the licence as mentioned in any of paragraphs 249CE(3)(c) to (k).

variation of a matter specified in the licence

(2) The responsible Commonwealth Minister must, by written notice given to the licensee, vary the matter specified in the licence as mentioned in any of paragraphs 249CE(3)(c) to (k) for the purposes of removing that inconsistency.

(3) A variation of a matter under this section takes effect on the day on which notice of the variation is published in thegazette.

Note: For publication in thegazetteOf notice of the variation, see section 406-418.

Division 4 - Directions

249CXA Responsible Commonwealth Minister may give greenhouse gas injection licensee directions to protect geological formations containing petroleum pools etc.

(1) The responsible Commonwealth Minister may, by written notice given to a greenhouse gas injection licensee, give the licensee a direction for the purpose of:

(a) eliminating; or

(b) mitigating; or

(c) managing;

The risk that operations carried out under the licence could:

(d) have a significant adverse impact on a geological formation, or a part of a geological formation, that contains, or is likely to contain, a petroleum pool; or

(e) otherwise compromise the exploitation of any petroleum that occurs as a natural resource.

(2) A direction under this section may require the licensee to do something:

(a) in the licence area; or

(b) in an offshore area but outside the licence area.

(3) A direction under this section has effect, and must be complied with, despite:

(a) any previous direction under this section; and

(b) anything in the regulations or the applied provisions.

(4) A direction under this section prevails over:

(a) anything in an approved site plan for an identified greenhouse gas storage formation specified in the licence; or

(b) anything specified in the licence as mentioned in any of paragraphs 249CE(3)(c) to (k);

To the extent of any inconsistency.

(5) A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument:

(a) as in force or existing at the time when the direction takes effect; or

(b) as in force or existing from time to time;

So long as the code of practice or standard is relevant to that matter.

(6) To avoid doubt, subsection (5) applies to an instrument, whether issued or made in Australia or outside Australia.

(7) A direction under this section may prohibit the doing of an act or thing:

(a) unconditionally; or

(b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.

(8) A direction under this section is not a legislative instrument.

(9) If:

(a) a direction under this section is in force in relation to a greenhouse gas injection licence; and

(b) apart from subsection (4), the direction would be inconsistent with a matter specified in the licence as mentioned in any of paragraphs 249CE(3)(c) to (k);

The responsible Commonwealth Minister may, by written notice given to the licensee, vary the matter for the purposes of removing that inconsistency.

(10) A variation of a matter under subsection (9) takes effect on the day on which notice of the variation is published in thegazette.

Note: For publication in thegazetteOf notice of the variation, see section 406-418.

(11) The regulations may provide that, if:

(a) a direction under this section is in force in relation to a greenhouse gas injection licence; and

(b) apart from subsection (4), the direction would be inconsistent with anything in an approved site plan for an identified greenhouse gas storage formation specified in the licence;

Then:

(c) the licensee must, within the period ascertained in accordance with the regulations:

(i) prepare a draft variation of the approved site plan for the purposes of removing that inconsistency; and

(ii) give the draft variation to the responsible Commonwealth Minister; and

(d) the responsible Commonwealth Minister must, by written notice given to the licensee:

(i) approve the variation; or

(ii) refuse to approve the variation; and

(e) if the responsible Commonwealth Minister approves the variation - the approved site plan is varied accordingly.

(12) If an approved site plan is varied, a reference in this Act to the approved site plan is a reference to the approved site plan as varied.

249CXB Consultation - directions to do something outside the licence area

Scope

(1) This section applies if:

(a) the responsible Commonwealth Minister proposes to give a direction under section 249CXA to a greenhouse gas injection licensee; and

(b) the direction requires the licensee to do something in an area (the Action area ) in an offshore area but outside the licence area; and

(c) the action area is, to any extent, the subject of:

(i) a greenhouse gas assessment permit; or

(ii) a greenhouse gas holding lease; or

(iii) a greenhouse gas injection licence; or

(iv) a greenhouse gas search authority; or

(v) an exploration permit; or

(vi) a retention lease; or

(vii) a production licence; or

(viii) a special prospecting authority; and

(d) the licensee mentioned in paragraph (a) is not the registered holder of the permit, lease, licence or authority mentioned in paragraph (c); and

(e) the registered holder of the permit, lease, licence or authority mentioned in paragraph (c) has not given written consent to the giving of the direction.

Consultation

(2) Before giving the direction, the responsible Commonwealth Minister must:

(a) by written notice given to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(c), give at least 30 days notice of the responsible Commonwealth Minister's intention to give the direction; and

(b) give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.

(3) The notice must:

(a) set out details of the direction that is proposed to be given; 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 responsible Commonwealth Minister about the proposal; and

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

(4) In deciding whether to give the direction, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.

emergencies

(5) However, if the responsible Commonwealth Minister is satisfied that the direction is required to deal with an emergency:

(a) subsections (2), (3) and (4) do not apply to the direction; and

(b) as soon as practicable after the direction is given, the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(c).

249CY Compliance with directions

(1) A person commits an offence if:

(a) the person is given a direction under section 249CXA; and

(b) the person engages in conduct; and

(c) the person's conduct breaches the direction.

Penalty: 100 penalty units.

(2) An offence against subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of theCriminal Code.

Division 5 - Dealing with serious situations

249CZ Serious situation

(1) For the purposes of this Act, a Serious situation exists in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence if:

(a) a greenhouse gas substance injected into the identified greenhouse gas storage formation:

(i) has leaked; or

(ii) is leaking;

from the identified greenhouse gas storage formation; or

(b) there is a significant risk that a greenhouse gas substance injected into the identified greenhouse gas storage formation will leak from the identified greenhouse gas storage formation; or

(c) a greenhouse gas substance:

(i) has leaked; or

(ii) is leaking;

in the course of being injected into the identified greenhouse gas storage formation; or

(d) there is a significant risk that a greenhouse gas substance will leak in the course of being injected into the identified greenhouse gas storage formation; or

(e) a greenhouse gas substance injected into the identified greenhouse gas storage formation:

(i) has behaved; or

(ii) is behaving;

otherwise than as predicted in Part A of the approved site plan for the identified greenhouse gas storage formation; or

(f) there is a significant risk that a greenhouse gas substance injected into the identified greenhouse gas storage formation will behave otherwise than as predicted in Part A of the approved site plan for the identified greenhouse gas storage formation; or

(g) either:

(i) the injection of a greenhouse gas substance into the identified greenhouse gas storage formation; or

(ii) the storage of a greenhouse gas substance in the identified greenhouse gas storage formation;

has had, or is having, a significant adverse impact on the geotechnical integrity of the whole or a part of a geological formation or geological structure; or

(h) there is a significant risk that:

(i) the injection of a greenhouse gas substance into the identified greenhouse gas storage formation; or

(ii) the storage of a greenhouse gas substance in an identified greenhouse gas storage formation;

will have a significant adverse impact on the geotechnical integrity of the whole or a part of a geological formation or geological structure; or

(i) the identified greenhouse gas storage formation is not suitable (with or without engineering enhancements) for the permanent storage of the relevant amount of the relevant greenhouse gas substance injected at the relevant point or points over the relevant period.

(2) For the purposes of paragraph (1)(i):

(a) the relevant amount Is the total amount of greenhouse gas substance authorised to be injected into the identified greenhouse gas storage formation under the licence; and

(b) the relevant greenhouse gas substance Is the kind of greenhouse gas substance that is authorised to be injected into the identified greenhouse gas storage formation under the licence; and

(c) the relevant point or points Is the potential greenhouse gas injection site or sites at which the greenhouse gas substance is authorised to be injected into the identified greenhouse gas storage formation under the licence; and

(d) the relevant period Is the period during which the greenhouse gas substance is authorised to be injected into the identified greenhouse gas storage formation under the licence.

Note: See subsection 249CE(3).

249CZA Powers of responsible Commonwealth Minister to deal with serious situations

(1) If the responsible Commonwealth Minister is satisfied that a serious situation exists in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, the responsible Commonwealth Minister may, by written notice given to the licensee, direct the licensee:

(a) to take all reasonable steps to ensure that operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation are carried on in a manner specified in the direction; or

(b) to take all reasonable steps to ensure that operations for the storage of a greenhouse gas substance in the identified greenhouse gas storage formation are carried on in a manner specified in the direction; or

(c) to cease or suspend the injection of a greenhouse gas substance at a site or sites specified in the direction; or

(d) to inject a greenhouse gas substance into the identified greenhouse gas storage formation at a site or sites specified in the direction; or

(e) to cease or suspend operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation; or

(f) to undertake such activities as are specified in the direction for the purpose of:

(i) eliminating; or

(ii) mitigating; or

(iii) managing; or

(iv) remediating;

the serious situation; or

(g) to take such action as is specified in the direction; or

(h) not to take such action as is specified in the direction.

(2) A direction under this section may require the licensee to do something:

(a) in the licence area; or

(b) in an offshore area but outside the licence area.

(3) Paragraphs (1)(a) to (f) do not limit paragraph (1)(g).

(4) Paragraphs (1)(a) to (f) do not limit paragraph (1)(h).

(5) A direction under this section has effect, and must be complied with, despite:

(a) any previous direction under this section; and

(b) anything in the regulations or the applied provisions.

(6) A direction under this section prevails over:

(a) anything in an approved site plan for the identified greenhouse gas storage formation; or

(b) anything specified in the licence as mentioned in any of paragraphs 249CE(3)(c) to (k);

To the extent of any inconsistency.

(7) A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument:

(a) as in force or existing at the time when the direction takes effect; or

(b) as in force or existing from time to time;

So long as the code of practice or standard is relevant to that matter.

(8) To avoid doubt, subsection (7) applies to an instrument, whether issued or made in Australia or outside Australia.

(9) A direction under this section may prohibit the doing of an act or thing:

(a) unconditionally; or

(b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.

(10) A direction under this section is not a legislative instrument.

(11) If:

(a) a direction under this section is in force in relation to a greenhouse gas injection licence; and

(b) apart from subsection (6), the direction would be inconsistent with a matter specified in the licence as mentioned in any of paragraphs 249CE(3)(c) to (k);

The responsible Commonwealth Minister may, by written notice given to the licensee, vary the matter for the purposes of removing that inconsistency.

(12) A variation of a matter under subsection (11) takes effect on the day on which notice of the variation is published in thegazette.

Note: For publication in thegazetteOf notice of the variation, see section 406-418.

(13) The regulations may provide that, if:

(a) a direction under this section is in force in relation to a greenhouse gas injection licence; and

(b) apart from subsection (6), the direction would be inconsistent with anything in an approved site plan for the identified greenhouse gas storage formation;

Then:

(c) the licensee must, within the period ascertained in accordance with the regulations:

(i) prepare a draft variation of the approved site plan for the purposes of removing that inconsistency; and

(ii) give the draft variation to the responsible Commonwealth Minister; and

(d) the responsible Commonwealth Minister must, by written notice given to the licensee:

(i) approve the variation; or

(ii) refuse to approve the variation; and

(e) if the responsible Commonwealth Minister approves the variation - the approved site plan is varied accordingly.

(14) If an approved site plan is varied, a reference in this Act to the approved site plan is a reference to the approved site plan as varied.

249CZAA Consultation - directions to do something outside the licence area

Scope

(1) This section applies if:

(a) the responsible Commonwealth Minister proposes to give a direction under section 249CZA to a greenhouse gas injection licensee; and

(b) the direction requires the licensee to do something in an area (the Action area ) in an offshore area but outside the licence area; and

(c) the action area is, to any extent, the subject of:

(i) a greenhouse gas assessment permit; or

(ii) a greenhouse gas holding lease; or

(iii) a greenhouse gas injection licence; or

(iv) a greenhouse gas search authority; or

(v) an exploration permit; or

(vi) a retention lease; or

(vii) a production licence; or

(viii) a special prospecting authority; and

(d) the licensee mentioned in paragraph (a) is not the registered holder of the permit, lease, licence or authority mentioned in paragraph (c); and

(e) the registered holder of the permit, lease, licence or authority mentioned in paragraph (c) has not given written consent to the giving of the direction.

Consultation

(2) Before giving the direction, the responsible Commonwealth Minister must:

(a) by written notice given to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(c), give at least 30 days notice of the responsible Commonwealth Minister's intention to give the direction; and

(b) give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.

(3) The notice must:

(a) set out details of the direction that is proposed to be given; 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 responsible Commonwealth Minister about the proposal; and

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

(4) In deciding whether to give the direction, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.

emergencies

(5) However, if the responsible Commonwealth Minister is satisfied that the direction is required to deal with an emergency:

(a) subsections (2), (3) and (4) do not apply to the direction; and

(b) as soon as practicable after the direction is given, the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(c).

249CZB Compliance with directions

(1) A person commits an offence if:

(a) the person is given a direction under section 249CZA; and

(b) the person engages in conduct; and

(c) the person's conduct breaches the direction.

Penalty: 100 penalty units.

(2) An offence against subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of theCriminal Code.

Division 6 - Protection of petroleum discovered in the title area of a pre-commencement petroleum title

249CZC Powers of responsible Commonwealth Minister to protect petroleum discovered in the title area of a pre-commencement petroleum title

elimination of risk

(1) If:

(a) the licence area of a greenhouse gas injection licence overlaps, in whole or in part:

(i) the permit area of a pre-commencement exploration permit held by a person other than the registered holder of the greenhouse gas injection licence; or

(ii) the lease area of a pre-commencement retention lease held by a person other than the registered holder of the greenhouse gas injection licence; or

(iii) the licence area of a pre-commencement production licence held by a person other than the registered holder of the greenhouse gas injection licence; and

(b) petroleum is discovered in the area of overlap; and

(c) the responsible Commonwealth Minister is satisfied that:

(i) the recovery of the petroleum is commercially viable; or

(ii) the recovery of the petroleum is not commercially viable, but is likely to become commercially viable at some time in the future; and

(d) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that are being, or could be, carried on under the greenhouse gas injection licence will have a significant adverse impact on:

(i) operations to recover the petroleum; or

(ii) the commercial viability of the recovery of the petroleum; and

(e) the registered holder of the exploration permit, retention lease or production licence, as the case may be, has not agreed, in writing, to the registered holder of the greenhouse gas injection licence carrying on those operations; and

(f) the responsible Commonwealth Minister is satisfied that it is practicable to eliminate the risk that any of the operations that are being, or could be, carried on under the greenhouse gas injection licence will have a significant adverse impact on:

(i) operations to recover the petroleum; or

(ii) the commercial viability of the recovery of the petroleum;

The responsible Commonwealth Minister must, by written notice given to the registered holder of the greenhouse gas injection licence:

(g) give the registered holder of the greenhouse gas injection licence a direction for the purpose of eliminating the risk that operations that are being, or could be, carried on under the greenhouse gas injection licence could have a significant adverse impact on:

(i) operations to recover the petroleum; or

(ii) the commercial viability of the recovery of the petroleum; or

(h) suspend, either:

(i) for a specified period; or

(ii) indefinitely;

any or all of the rights conferred by the greenhouse gas injection licence; or

(i) cancel the greenhouse gas injection licence.

(2) A direction under paragraph (1)(g) may require the licensee to do something:

(a) in the licence area; or

(b) in an offshore area but outside the licence area.

mitigation, management or remediation of risk

(3) If:

(a) the licence area of a greenhouse gas injection licence overlaps, in whole or in part:

(i) the permit area of a pre-commencement exploration permit held by a person other than the registered holder of the greenhouse gas injection licence; or

(ii) the lease area of a pre-commencement retention lease held by a person other than the registered holder of the greenhouse gas injection licence; or

(iii) the licence area of a pre-commencement production licence held by a person other than the registered holder of the greenhouse gas injection licence; and

(b) petroleum is discovered in the area of overlap; and

(c) the responsible Commonwealth Minister is satisfied that:

(i) the recovery of the petroleum is commercially viable; or

(ii) the recovery of the petroleum is not commercially viable, but is likely to become commercially viable at some time in the future; and

(d) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that are being, or could be, carried on under the greenhouse gas injection licence will have a significant adverse impact on:

(i) operations to recover the petroleum; or

(ii) the commercial viability of the recovery of the petroleum; and

(e) the registered holder of the exploration permit, retention lease or production licence, as the case may be, has not agreed, in writing, to the registered holder of the greenhouse gas injection licence carrying on those operations; and

(f) the responsible Commonwealth Minister is satisfied that it is not practicable to eliminate the risk that any of the operations that are being, or could be, carried on under the greenhouse gas injection licence will have a significant adverse impact on:

(i) operations to recover the petroleum; or

(ii) the commercial viability of the recovery of the petroleum;

The responsible Commonwealth Minister must, by written notice given to the registered holder of the greenhouse gas injection licence:

(g) give the registered holder of the greenhouse gas injection licence a direction for the purpose of mitigating, managing or remediating the risk that operations that are being, or could be, carried on under the greenhouse gas injection licence could have a significant adverse impact on:

(i) operations to recover the petroleum; or

(ii) the commercial viability of the recovery of the petroleum; or

(h) suspend, either:

(i) for a specified period; or

(ii) indefinitely;

any or all of the rights conferred by the greenhouse gas injection licence; or

(i) cancel the greenhouse gas injection licence.

(4) A direction under paragraph (3)(g) may require the licensee to take action:

(a) in the licence area; or

(b) in an offshore area but outside the licence area.

Other provisions

(5) A direction under this section has effect, and must be complied with, despite:

(a) any previous direction under this section; and

(b) anything in the regulations or the applied provisions.

(6) A direction under this section prevails over:

(a) anything in an approved site plan for an identified greenhouse gas storage formation specified in the greenhouse gas injection licence; or

(b) anything specified in the greenhouse gas injection licence as mentioned in any of paragraphs 249CE(3)(c) to (k);

To the extent of any inconsistency.

(7) A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument:

(a) as in force or existing at the time when the direction takes effect; or

(b) as in force or existing from time to time;

So long as the code of practice or standard is relevant to that matter.

(8) To avoid doubt, subsection (7) applies to an instrument, whether issued or made in Australia or outside Australia.

(9) A direction under this section may prohibit the doing of an act or thing:

(a) unconditionally; or

(b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.

(10) A direction under this section is not a legislative instrument.

(11) If:

(a) a direction under this section is in force in relation to a greenhouse gas injection licence; and

(b) apart from subsection (6), the direction would be inconsistent with a matter specified in the licence as mentioned in any of paragraphs 249CE(3)(c) to (k);

The responsible Commonwealth Minister may, by written notice given to the licensee, vary the matter for the purposes of removing that inconsistency.

(12) A variation of a matter under subsection (11) takes effect on the day on which notice of the variation is published in thegazette.

Note: For publication in thegazetteOf notice of the variation, see section 406-418.

(13) The regulations may provide that, if:

(a) a direction under this section is in force in relation to a greenhouse gas injection licence; and

(b) apart from subsection (6), the direction would be inconsistent with anything in an approved site plan for an identified greenhouse gas storage formation specified in the licence;

Then:

(c) the licensee must, within the period ascertained in accordance with the regulations:

(i) prepare a draft variation of the approved site plan for the purposes of removing that inconsistency; and

(ii) give the draft variation to the responsible Commonwealth Minister; and

(d) the responsible Commonwealth Minister must, by written notice given to the licensee:

(i) approve the variation; or

(ii) refuse to approve the variation; and

(e) if the responsible Commonwealth Minister approves the variation - the approved site plan is varied accordingly.

(14) If an approved site plan is varied, a reference in this Act to the approved site plan is a reference to the approved site plan as varied.

249CZCA Consultation - directions to do something outside the licence area

Scope

(1) This section applies if:

(a) the responsible Commonwealth Minister proposes to give a direction under section 249CZC to a greenhouse gas injection licensee; and

(b) the direction requires the licensee to do something in an area (the Action area ) in an offshore area but outside the licence area; and

(c) the action area is, to any extent, the subject of:

(i) a greenhouse gas assessment permit; or

(ii) a greenhouse gas holding lease; or

(iii) a greenhouse gas injection licence; or

(iv) a greenhouse gas search authority; or

(v) an exploration permit; or

(vi) a retention lease; or

(vii) a production licence; or

(viii) a special prospecting authority; and

(d) the licensee mentioned in paragraph (a) is not the registered holder of the permit, lease, licence or authority mentioned in paragraph (c); and

(e) the registered holder of the permit, lease, licence or authority mentioned in paragraph (c) has not given written consent to the giving of the direction.

Consultation

(2) Before giving the direction, the responsible Commonwealth Minister must:

(a) by written notice given to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(c), give at least 30 days notice of the responsible Commonwealth Minister's intention to give the direction; and

(b) give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.

(3) The notice must:

(a) set out details of the direction that is proposed to be given; 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 responsible Commonwealth Minister about the proposal; and

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

(4) In deciding whether to give the direction, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.

emergencies

(5) However, if the responsible Commonwealth Minister is satisfied that the direction is required to deal with an emergency:

(a) subsections (2), (3) and (4) do not apply to the direction; and

(b) as soon as practicable after the direction is given, the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(c).

249CZD Compliance with directions

(1) A person commits an offence if:

(a) the person is given a direction under section 249CZC; and

(b) the person engages in conduct; and

(c) the person's conduct breaches the direction.

Penalty: 100 penalty units.

(2) An offence against subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of theCriminal Code.

Division 7 - Site closing certificates

249CZE Application for site closing certificate

(1) A greenhouse gas injection licensee may apply to the responsible Commonwealth Minister for a site closing certificate in relation to a particular identified greenhouse gas storage formation specified in the licence.

Note 1: Part 2A.8 contains additional provisions about application procedures.

Note 2: Section 249JB requires the application to be accompanied by an application fee.

Note 3: Section 249JD enables the responsible Commonwealth Minister to require the applicant to give further information.

(2) An application under this section must be accompanied by:

(a) a written report that sets out:

(i) the applicant's modelling of the behaviour of the greenhouse gas substance injected into the identified greenhouse gas storage formation; and

(ii) information relevant to that modelling; and

(iii) the applicant's analysis of that information; and

(b) a written report that sets out the applicant's assessment of:

(i) the behaviour of the greenhouse gas substance injected into the identified greenhouse gas storage formation; and

(ii) the expected migration pathway or pathways of that greenhouse gas substance; and

(iii) the short-term consequences of the migration of that greenhouse gas substance; and

(iv) the long-term consequences of the migration of that greenhouse gas substance; and

(c) the applicant's suggestions for the approach to be taken by the Commonwealth, after the issue of the certificate, to the monitoring of the behaviour of a greenhouse gas substance stored in the identified greenhouse gas storage formation; and

(d) such other information (if any) as is specified in the regulations.

(2A) Subsection (2) does not apply if there have not been any operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation.

mandatory application - cessation of injection operations

(3) If:

(a) a greenhouse gas injection licence is in force; and

(b) operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation concerned have ceased;

The licensee must, within the application period, make an application under subsection (1) for a site closing certificate in relation to the identified greenhouse gas storage formation.

(4) The Application period for an application referred to in subsection (3) is:

(a) the period of 30 days after the day on which the cessation referred to in paragraph (3)(b) occurred; or

(b) such longer period, not more than 90 days after that day, as the responsible Commonwealth Minister allows.

(5) The responsible Commonwealth Minister may allow a longer period under paragraph (4)(b) only on written application made by the licensee within the period of 30 days mentioned in paragraph (4)(a).

(6) A person commits an offence if:

(a) the person is subject to a requirement under subsection (3); and

(b) the person omits to do an act; and

(c) the omission breaches the requirement.

Penalty: 100 penalty units.

(7) An offence against subsection (6) is an offence of strict liability.

Note: For strict liability, see section 6.1 of theCriminal Code.

mandatory application - grounds for cancellation of licence

(8) If:

(a) a greenhouse gas injection licence is in force; and

(b) under Division 1 of Part 2A.11, there is a ground for cancelling the licence;

The responsible Commonwealth Minister may, by written notice given to the licensee, direct the licensee:

(c) to make an application under subsection (1) for a site closing certificate in relation to each identified greenhouse gas storage formation specified in the licence; and

(d) to do so within the period specified in the notice.

(9) A period specified under paragraph (8)(d) must not be shorter than 30 days.

(10) A person commits an offence if:

(a) the person is given a direction under subsection (8); and

(b) the person omits to do an act; and

(c) the omission breaches the requirement.

Penalty: 100 penalty units.

(11) An offence against subsection (10) is an offence of strict liability.

Note: For strict liability, see section 6.1 of theCriminal Code.

mandatory application - greenhouse gas injection licence tied to a retention lease or production licence

(12) If:

(a) a greenhouse gas injection licence is in force; and

(b) the greenhouse gas injection licence is tied to a retention lease or production licence; and

(c) the retention lease or production licence ceases to be in force as a result of being surrendered, cancelled, terminated or wholly revoked;

The licensee of the greenhouse gas injection licence must, within the application period, make an application under subsection (1) for a site closing certificate in relation to the identified greenhouse gas storage formation, or each of the identified greenhouse gas storage formations, specified in the greenhouse gas injection licence.

(13) The Application period for an application referred to in subsection (12) is:

(a) the period of 30 days after the day on which the cessation referred to in paragraph (12)(c) occurred; or

(b) such longer period, not more than 90 days after that day, as the responsible Commonwealth Minister allows.

(14) The responsible Commonwealth Minister may allow a longer period under paragraph (13)(b) only on written application made by the licensee within the period of 30 days mentioned in paragraph (13)(a).

(15) A person commits an offence if:

(a) the person is subject to a requirement under subsection (12); and

(b) the person omits to do an act; and

(c) the omission breaches the requirement.

Penalty: 100 penalty units.

(16) An offence against subsection (15) is an offence of strict liability.

Note: For strict liability, see section 6.1 of theCriminal Code.

249CZEA Variation of application for site closing certificate

Scope

(1) This section applies if an application for a site closing certificate has been made under section 249CZE.

variation of application

(2) At any time before a decision on the application is made by the responsible Commonwealth Minister, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.

(3) A variation of an application must be made in the approved manner.

(4) A variation of an application may be made:

(a) on the applicant's own initiative; or

(b) at the request of the responsible Commonwealth Minister.

(5) A variation of an application may set out any additional matters that the applicant wishes to be considered.

(6) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.

249CZF Issue of site closing certificate - pre-certificate notice

(1) If:

(a) an application for a site closing certificate has been made under section 249CZE; and

(b) either:

(i) the responsible Commonwealth Minister is satisfied that operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation concerned have ceased; or

(ii) the responsible Commonwealth Minister is satisfied that there have not been any operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation concerned;

The responsible Commonwealth Minister may give the applicant a written notice (called a Pre-certificate notice ) telling the applicant that the responsible Commonwealth Minister is prepared to issue to the applicant a site closing certificate in relation to the identified greenhouse gas storage formation.

Note: See also section 249CZGAA.

responsible Commonwealth Minister must have regard to certain matters

(2) If the responsible Commonwealth Minister is satisfied that there is a significant risk that a greenhouse gas substance injected into the identified greenhouse gas storage formation will have a significant adverse impact on:

(a) navigation; or

(b) fishing; or

(c) any activities being lawfully carried on, or that could be lawfully carried on, by way of the construction or operation of a pipeline; or

(d) the enjoyment of native title rights (within the meaning of theNative Title Act 1993);

Then, in deciding whether to give the applicant a pre-certificate notice, the responsible Commonwealth Minister must have regard to that significant risk.

(3) Subsection (2) does not limit the matters to which the responsible Commonwealth Minister may have regard.

Circumstances in which a pre-certificate notice may be refused

(4) The responsible Commonwealth Minister may refuse to give the applicant a pre-certificate notice in relation to the identified greenhouse gas storage formation if:

(a) the responsible Commonwealth Minister is not satisfied that the greenhouse gas substance injected into the identified greenhouse gas storage formation is behaving as predicted in Part A of the approved site plan for the identified greenhouse gas storage formation; or

(b) the responsible Commonwealth Minister is satisfied that there is a significant risk that a greenhouse gas substance injected into the identified greenhouse gas storage formation will have a significant adverse impact on:

(i) the conservation or exploitation of natural resources (whether in an offshore area or elsewhere); or

(ii) the geotechnical integrity of the whole or a part of a geological formation or geological structure; or

(iii) the environment; or

(iv) human health or safety.

(5) Subsection (4) does not limit the matters to which the responsible Commonwealth Minister may have regard in deciding whether to refuse to give the applicant a pre-certificate notice.

Circumstances in which a pre-certificate notice must not be given

(6) The responsible Commonwealth Minister must not give the applicant a pre-certificate notice in relation to the identified greenhouse gas storage formation unless the responsible Commonwealth Minister is satisfied that:

(a) either:

(i) the relevant statutory requirements have been complied with; or

(ii) any of the relevant statutory requirements have not been complied with, but there are sufficient grounds to warrant the issue of the site closing certificate; or

(b) if any conditions are specified in the regulations - those conditions have been satisfied.

(7) For the purposes of paragraph (6)(a), each of the following is a relevant statutory requirement :

(a) the conditions to which the greenhouse gas injection licence is, or has from time to time been, subject;

(b) the provisions of this Chapter, Chapter 3A, Chapter 4 and Part 5A.1;

(c) the provisions of the regulations.

Decision must be made within 5 years

(8) If an application for a site closing certificate has been made under section 249CZE, the responsible Commonwealth Minister must make a decision on the application within 5 years after the application was made.

249CZFB Acknowledgement of receipt of application for site closing certificate

Scope

(1) This section applies if an application has been made under section 249CZE for a site closing certificate.

Acknowledgement of receipt of application

(2) The responsible Commonwealth Minister must give the applicant notice of receipt of the application.

249CZG Refusal to give pre-certificate notice

Scope

(1) This section applies if:

(a) an application has been made under section 249CZE for a site closing certificate; and

(b) the responsible Commonwealth Minister refuses to give a pre-certificate notice to the applicant.

Notice of refusal

(2) The responsible Commonwealth Minister must give written notice of the refusal to the applicant.

249CZGAA Pre-certificate notice - security etc.

(1) A pre-certificate notice that relates to an application for a site closing certificate must:

(a) specify a program of operations proposed to be carried out by the Commonwealth for the purposes of monitoring the behaviour of a greenhouse gas substance stored in the identified greenhouse gas storage formation concerned; and

(b) set out an estimate of the total costs and expenses of carrying out the program; and

(c) specify the form and amount of a security to be lodged by the applicant in respect of the compliance, by the holder for the time being of the site closing certificate, with the holder's obligations under section 249CZM in relation to the costs and expenses of carrying out the program; and

(d) contain a statement to the effect that the application will lapse if the applicant does not lodge the security with the responsible Commonwealth Minister within the period applicable under subsection (3).

(2) The amount of the security must equal the estimate referred to in paragraph (1)(b).

(3) The period for lodging the security is:

(a) 60 days after the pre-certificate notice was given to the applicant; or

(b) such longer period, not more than 180 days after the pre-certificate notice was given to the applicant, as the responsible Commonwealth Minister allows.

(4) If the applicant does not lodge the security with the responsible Commonwealth Minister within the period applicable under subsection (3), the application lapses at the end of that period.

(5) The regulations may provide that an estimate referred to in paragraph (1)(b) is to be made on the basis of:

(a) an assumption that costs and expenses will increase at an annual rate specified in the regulations; and

(b) such other assumptions (if any) as are specified in the regulations.

(6) Subsection (1) does not apply if the responsible Commonwealth Minister is satisfied that there have not been any operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation concerned.

249CZGA Issue of site closing certificate

If:

(a) an applicant has been given a pre-certificate notice under subsection 249CZF(1); and

(b) if subsection 249CZGAA(1) applies - the applicant has lodged the specified security within the period applicable under subsection 249CZGAA(3);

The responsible Commonwealth Minister must issue to the applicant a site closing certificate in relation to the identified greenhouse gas storage formation specified in the pre-certificate notice.

Note: If the applicant does not lodge the security with the responsible Commonwealth Minister within the period applicable under subsection 249CZGAA(3), the application lapses at the end of that period - see subsection 249CZGAA(4).

249CZH Greenhouse gas injection licence transferred - transferee to be treated as applicant

Scope

(1) This section applies if a transfer of a greenhouse gas injection licence is registered under section 298-262:

(a) after an application has been made under section 249CZE for a site closing certificate in relation to an identified greenhouse gas storage formation specified in the greenhouse gas injection licence; and

(b) before any action has been taken by the responsible Commonwealth Minister under section 249CZF or 249CZG in relation to the application.

Transferee to be treated as applicant

(2) After the transfer, sections 249CZE to 249CZGA and Part 2A.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.

249CZJ Duration of site closing certificate

(1) A site closing certificate remains in force indefinitely.

(2) Subsection (1) has effect subject to this Chapter.

249CZJA Transfer of site closing certificate

If:

(a) a site closing certificate is held by the registered holder of a greenhouse gas injection licence; and

(b) a transfer of the licence is registered under section 298-262;

The site closing certificate is, by force of this section, transferred to the transferee of the licence.

249CZJB Transfer of securities

If:

(a) a security is in force in relation to a site closing certificate; and

(b) the site closing certificate is transferred;

Then:

(c) the interest of the transferor in the security is, by force of this section, transferred to the transferee; and

(d) a document setting out or relating to the security has effect, after the transfer, as if a reference in the document to the transferor were a reference to the transferee.

249CZJC Discharge of securities

The regulations may make provision in relation to the discharge, in whole or in part, by the responsible Commonwealth Minister of securities in force in relation to site closing certificates.

249CZM Recovery of the Commonwealth's costs and expenses

Scope

(1) This section applies if:

(a) a site closing certificate is in force in relation to an identified greenhouse gas storage formation; and

(b) the Commonwealth incurs reasonable costs or expenses in carrying out the program specified in the pre-certificate notice for the site closing certificate.

recovery of costs and expenses

(2) The costs or expenses:

(a) are a debt due to the Commonwealth by the holder of the certificate; and

(b) are recoverable in a court of competent jurisdiction.

(3) The total of the costs and expenses recoverable under subsection (2) must not exceed the estimate set out in the pre-certificate notice.

Division 8 - long-term liabilities

249CZN Closure assurance period

(1) If:

(a) a site closing certificate is in force in relation to an identified greenhouse gas storage formation; and

(b) the responsible Commonwealth Minister is satisfied that operations for the injection of a greenhouse gas substance into the formation ceased on a day (the Cessation day ) before the application for the site closing certificate was made; and

(c) on a day (the Decision day ) that is at least 15 years after the issue of the site closing certificate, the responsible Commonwealth Minister is satisfied that:

(i) the greenhouse gas substance injected into the formation is behaving as predicted in Part A of the approved site plan for the formation; and

(ii) there is no significant risk that a greenhouse gas substance injected into the formation will have a significant adverse impact on the geotechnical integrity of the whole or a part of a geological formation or geological structure; and

(iii) there is no significant risk that a greenhouse gas substance injected into the formation will have a significant adverse impact on the environment; and

(iv) there is no significant risk that a greenhouse gas substance injected into the formation will have a significant adverse impact on human health or safety; and

(v) since the cessation day, there have not been any operations for the injection of a greenhouse gas substance into the formation;

The responsible Commonwealth Minister may, by writing, declare that the period:

(d) beginning at the end of the cessation day; and

(e) ending at the end of the decision day;

Is the Closure assurance period In relation to the formation for the purposes of this Act.

(2) A copy of a declaration under subsection (1) is to be given to the holder of the site closing certificate.

249CZO Indemnity - long-term liability

Scope

(1) This section applies if:

(a) a site closing certificate is in force in relation to an identified greenhouse gas storage formation; and

(b) when the application for the certificate was made, the formation was specified in a greenhouse gas injection licence; and

(c) there is a closure assurance period in relation to the formation; and

(d) the following conditions are satisfied in relation to a liability of an existing person who is or has been the registered holder of the licence (whether or not the licence is in force):

(i) the liability is a liability for damages;

(ii) the liability is attributable to an act done or omitted to be done in the carrying out of operations authorised by the licence in relation to the formation;

(iii) the liability is incurred or accrued after the end of the closure assurance period in relation to the formation;

(iv) such other conditions (if any) as are specified in the regulations.

Indemnity

(2) The Commonwealth must indemnify the person against the liability.

249CZP Commonwealth to assume long-term liability if licensee has ceased to exist

Scope

(1) This section applies if:

(a) a site closing certificate is in force in relation to an identified greenhouse gas storage formation; and

(b) when the application for the certificate was made, the formation was specified in a greenhouse gas injection licence; and

(c) there is a closure assurance period in relation to the formation; and

(d) a person who has been the registered holder of the licence (whether or not the licence is in force) has ceased to exist; and

(e) if the person had continued in existence, the following conditions would have been satisfied in relation to a liability of the person:

(i) the liability is a liability for damages;

(ii) the liability is attributable to an act done or omitted to be done in the carrying out of operations authorised by the licence in relation to the formation;

(iii) the liability is incurred or accrued after the end of the closure assurance period in relation to the formation;

(iv) such other conditions (if any) as are specified in the regulations; and

(f) apart from this section, the damages are irrecoverable because the person has ceased to exist.

Commonwealth to assume liability

(2) The liability is taken to be a liability of the Commonwealth.

Part 2A.5 - greenhouse gas search authorities

Division 1 - general provisions

249GA Simplified outline

The following is a simplified outline of this Part:

* This Part provides for the grant of greenhouse gas search authorities over blocks in an offshore area.

* A greenhouse gas search authority may be granted over a block so long as none of the following is in force over the block:

(a) a greenhouse gas assessment permit;

(b) a greenhouse gas holding lease;

(c) a greenhouse gas injection licence;

(d) an exploration permit;

(e) a retention lease;

(f) a production licence.

* A greenhouse gas search authority authorises the holder to carry on the following operations in the authority area:

(a) operations relating to the exploration for potential greenhouse gas storage formations;

(b) operations relating to the exploration for potential greenhouse gas injection sites.

* A greenhouse gas search authority does not authorise the holder to make a well.

249GB Rights conferred by greenhouse gas search authority

(1) A greenhouse gas search authority authorises the registered holder, in accordance with the conditions (if any) to which the authority is subject, to carry on, in the authority area, the operations relating to:

(a) the exploration for potential greenhouse gas storage formations; and

(b) the exploration for potential greenhouse gas injection sites;

That are specified in the authority.

(2) A greenhouse gas search authority does not authorise the registered holder to make a well.

(3) The rights conferred on the registered holder by subsection (1) are subject to this Act and the regulations.

249GC Conditions of greenhouse gas search authorities

(1) The responsible Commonwealth Minister may grant a greenhouse gas search authority subject to whatever conditions the responsible Commonwealth Minister thinks appropriate.

Note: See also section 302, which deals with insurance.

(2) The conditions (if any) must be specified in the greenhouse gas search authority.

249GD Duration of greenhouse gas search authority

(1) A greenhouse gas search authority comes into force on the day specified in the authority as the day on which the authority is to come into force.

(2) A greenhouse gas search authority remains in force for the period specified in the authority.

(3) The period specified under subsection (2) must not be longer than 180 days.

(4) Subsection (2) has effect subject to this Chapter.

Note 1: For the surrender of a greenhouse gas search authority, see Part 2A.10.

Note 2: For the cancellation of a greenhouse gas search authority, see Part 2A.11.

249GE Greenhouse gas search authority cannot be transferred

A greenhouse gas search authority cannot be transferred.

Division 2 - Obtaining a greenhouse gas search authority

249GF Application for greenhouse gas search authority

(1) A person may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas search authority over a block or blocks, so long as none of the following is in force over that block or any of those blocks:

(a) a greenhouse gas assessment permit;

(b) a greenhouse gas holding lease;

(c) a greenhouse gas injection licence;

(d) an exploration permit;

(e) a retention lease;

(f) a production licence.

(2) An application under this section must specify:

(a) the operations relating to:

(i) the exploration for potential greenhouse gas storage formations; and

(ii) the exploration for potential greenhouse gas injection sites;

that the applicant proposes to carry on; and

(b) the block or blocks within which the applicant proposes to carry on those operations.

Note 1: Part 2A.8 contains additional provisions about application procedures.

Note 2: Section 249JB requires the application to be accompanied by an application fee.

249GG Grant or refusal of greenhouse gas search authority

If an application for a greenhouse gas search authority has been made under section 249GF, the responsible Commonwealth Minister may:

(a) grant the applicant a greenhouse gas search authority; or

(b) by written notice given to the applicant, refuse to grant a greenhouse gas search authority to the applicant.

249GH Holders to be informed of the grant of another greenhouse gas search authority

Scope

(1) This section applies if:

(a) a person (the first person ) is the registered holder of a greenhouse gas search authority over a block; and

(b) another greenhouse gas search authority is granted to another person (the Second person ) over the block.

holders to be informed

(2) The responsible Commonwealth Minister must, by written notice given to the first person, inform the first person of:

(a) the operations authorised by the greenhouse gas search authority granted to the second person; and

(b) the conditions of the greenhouse gas search authority granted to the second person.

(3) The responsible Commonwealth Minister must, by written notice given to the second person, inform the second person of:

(a) the operations authorised by the greenhouse gas search authority granted to the first person; and

(b) the conditions of the greenhouse gas search authority granted to the first person.

249GJ Holders to be informed of the grant of a special prospecting authority

Scope

(1) This section applies if:

(a) a person (the first person ) is the registered holder of a greenhouse gas search authority over a block; and

(b) a special prospecting authority is granted to another person (the Second person ) over the block.

holders to be informed

(2) The Designated Authority must, by written notice given to the first person, inform the first person of:

(a) the operations authorised by the special prospecting authority granted to the second person; and

(b) the conditions of the special prospecting authority granted to the second person.

(3) The responsible Commonwealth Minister must, by written notice given to the second person, inform the second person of:

(a) the operations authorised by the greenhouse gas search authority granted to the first person; and

(b) the conditions of the greenhouse gas search authority granted to the first person.

Part 2A.6 - greenhouse gas special authorities

Division 1 - general provisions

249HA Simplified outline

The following is a simplified outline of this Part:

* This Part provides for the grant of greenhouse gas special authorities over blocks in an offshore area.

* A greenhouse gas special authority authorises the holder to carry on certain operations in the authority area (but not to make a well).

249HB Rights conferred by greenhouse gas special authority

(1) A greenhouse gas special authority authorises the registered holder, in accordance with the conditions (if any) to which the authority is subject, to carry on, in the authority area, the operations specified in the authority.

(2) A greenhouse gas special authority does not authorise the registered holder to make a well.

(3) The rights conferred on the registered holder by subsection (1) are subject to this Act and the regulations.

249HC Conditions of greenhouse gas special authorities

(1) The responsible Commonwealth Minister may grant a greenhouse gas special authority subject to whatever conditions the responsible Commonwealth Minister thinks appropriate.

Note: See also section 302, which deals with insurance.

(2) The conditions (if any) must be specified in the greenhouse gas special authority.

249HD Duration of greenhouse gas special authority

(1) A greenhouse gas special authority comes into force on the day specified in the authority as the day on which the authority is to come into force.

(2) A greenhouse gas special authority remains in force for the period specified in the authority, but may be extended by the responsible Commonwealth Minister for a further specified period.

(3) Subsection (2) has effect subject to this Chapter.

Note 1: For the surrender of a greenhouse gas special authority, see Part 2A.10.

Note 2: For the revocation of a greenhouse gas special authority, see section 249HL.

Division 2 - Obtaining a greenhouse gas special authority

249HE Application for greenhouse gas special authority

(1) The table has effect:

(2) An application under this section must specify:

(a) the operations that the applicant proposes to carry on; and

(b) the area in which the applicant proposes to carry on those operations.

Note: Part 2A.8 contains additional provisions about application procedures.

249HF Grant or refusal of greenhouse gas special authority

If:

(a) an application for a greenhouse gas special authority has been made under section 249HE; and

(b) the responsible Commonwealth Minister is satisfied that it is necessary or desirable to grant the greenhouse gas special authority for:

(i) the more effective exercise of the applicant's rights; or

(ii) the proper performance of the applicant's duties;

in the applicant's capacity as the registered holder of:

(iii) a greenhouse gas assessment permit; or

(iv) a greenhouse gas holding lease; or

(v) a greenhouse gas injection licence; or

(vi) a greenhouse gas search authority;

The responsible Commonwealth Minister may:

(c) grant the applicant a greenhouse gas special authority; or

(d) by written notice given to the applicant, refuse to grant a greenhouse gas special authority to the applicant.

Note: Consultation procedures apply - see section 249HG.

249HG Consultation - grant of greenhouse gas special authority

Scope

(1) This section applies if:

(a) an application for a greenhouse gas special authority has been made under section 249HE in relation to an area (the Application area ); and

(b) the application area is, to any extent, the subject of:

(i) a greenhouse gas assessment permit; or

(ii) a greenhouse gas holding lease; or

(iii) a greenhouse gas injection licence; or

(iv) a greenhouse gas search authority; and

(c) the applicant is not the registered holder of the permit, lease, licence or authority mentioned in paragraph (b); and

(d) the registered holder of the permit, lease, licence or authority mentioned in paragraph (b) has not given written consent to the grant of the greenhouse gas special authority.

Consultation

(2) Before granting the greenhouse gas special authority, the responsible Commonwealth Minister must:

(a) by written notice given to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(b), give at least 30 days notice of the responsible Commonwealth Minister's intention to grant the greenhouse gas special authority; and

(b) give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.

(3) The notice must:

(a) set out details of the greenhouse gas special authority that is proposed to be granted; 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 responsible Commonwealth Minister about the proposal; and

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

(4) In deciding:

(a) whether to grant the greenhouse gas special authority; and

(b) the conditions (if any) to which the greenhouse gas special authority should be subject;

The responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.

Division 3 - variation of greenhouse gas special authorities

249HI Variation of greenhouse gas special authority

The responsible Commonwealth Minister may, by written notice given to the registered holder of a greenhouse gas special authority, vary the greenhouse gas special authority.

Note: Consultation procedures apply - see section 249HJ.

249HJ Consultation - variation of greenhouse gas special authority

Scope

(1) This section applies if:

(a) the responsible Commonwealth Minister proposes to vary a greenhouse gas special authority; and

(b) the authority area is, to any extent, the subject of:

(i) a greenhouse gas assessment permit; or

(ii) a greenhouse gas holding lease; or

(iii) a greenhouse gas injection licence; or

(iv) a greenhouse gas search authority; and

(c) the applicant is not the registered holder of the permit, lease, licence or authority mentioned in paragraph (b); and

(d) the registered holder of the permit, lease, licence or authority mentioned in paragraph (b) has not given written consent to the variation of the greenhouse gas special authority.

Consultation

(2) Before varying the greenhouse gas special authority, the responsible Commonwealth Minister must:

(a) by written notice given to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(b) give at least 30 days notice of the responsible Commonwealth Minister's intention to vary the greenhouse gas special authority; and

(b) give a copy of the notice to:

(i) the registered holder of the greenhouse gas special authority; and

(ii) such other persons (if any) as the responsible Commonwealth Minister thinks fit.

(3) The notice must:

(a) set out details of the variation that is proposed to be made; 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 responsible Commonwealth Minister about the proposal; and

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

(4) In deciding whether to vary the greenhouse gas special authority, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.

Division 4 - reporting obligations of holders of greenhouse gas special authorities

249HK Reporting obligations of holders of greenhouse gas special authorities

(1) If:

(a) at any time during a particular month, a greenhouse gas special authority is in force in relation to an area that consists of, or includes, a block that is the subject of:

(i) a greenhouse gas assessment permit; or

(ii) a greenhouse gas holding lease; or

(iii) a greenhouse gas injection licence; and

(b) the registered holder of the greenhouse gas special authority is not the registered holder of the permit, lease or licence;

The registered holder of the greenhouse gas special authority must, within 30 days after the end of that month, give the registered holder of the permit, lease or licence:

(c) a written report about the operations carried on in that block during that month; and

(d) a written summary of the facts ascertained from those operations.

(2) A person commits an offence if:

(a) the person is subject to a requirement under subsection (1); and

(b) the person omits to do an act; and

(c) the omission breaches the requirement.

Penalty for contravention of this subsection: 50 penalty units.

Division 5 - revocation of greenhouse gas special authorities

249HL Revocation of greenhouse gas special authority

(1) The responsible Commonwealth Minister may, by written notice given to the registered holder of a greenhouse gas special authority, revoke the greenhouse gas special authority.

(2) If:

(a) the responsible Commonwealth Minister revokes a greenhouse gas special authority; and

(b) the greenhouse gas special authority authorised operations in:

(i) a greenhouse gas assessment permit area; or

(ii) a greenhouse gas holding lease area; or

(iii) a greenhouse gas injection licence area;

The responsible Commonwealth Minister must give written notice of the revocation to the permittee, lessee or licensee.

Part 2A.7 - greenhouse gas research consents

249HM Simplified outline

The following is a simplified outline of this Part:

* This Part provides for the grant of greenhouse gas research consents.

* A greenhouse gas research consent authorises the holder to carry on the following operations in the course of a scientific investigation:

(a) operations relating to the exploration for potential greenhouse gas storage formations;

(b) operations relating to the exploration for potential greenhouse gas injection sites.

249HN Rights conferred by greenhouse gas research consent

(1) A greenhouse gas research consent authorises the holder, in accordance with the conditions (if any) to which the consent is subject, to carry on, in the offshore area specified in the consent, the operations relating to:

(a) the exploration for potential greenhouse gas storage formations; and

(b) the exploration for potential greenhouse gas injection sites;

That are specified in the consent in the course of the scientific investigation specified in the consent.

(2) The rights conferred on the holder by subsection (1) are subject to section 249NF.

Note: Section 249NF deals with interference with other rights.

249HO Conditions of greenhouse gas research consents

(1) The responsible Commonwealth Minister may grant a greenhouse gas research consent subject to whatever conditions the responsible Commonwealth Minister thinks appropriate.

(2) The conditions (if any) must be specified in the consent.

249HP Grant of greenhouse gas research consent

(1) The responsible Commonwealth Minister may grant a written greenhouse gas research consent authorising a person to carry on, in an offshore area, the following operations in the course of a scientific investigation:

(a) operations relating to the exploration for potential greenhouse gas storage formations;

(b) operations relating to the exploration for potential greenhouse gas injection sites.

(2) The person is the holder Of the consent.

Part 2A.8 - Standard procedures

249JA Application to be made in an approved manner

Scope

(1) This section applies to an application for:

(a) the grant or renewal of a greenhouse gas assessment permit; or

(b) the grant or renewal of a greenhouse gas holding lease; or

(c) the grant or variation of a greenhouse gas injection licence; or

(d) the grant of a greenhouse gas search authority; or

(e) the grant of a greenhouse gas special authority; or

(f) a site closing certificate.

manner

(2) The application must be made in an approved manner.

Note: See also subsection 33(3A) of theActs Interpretation Act 1901.

249JB Application fee

Scope

(1) This section applies to an application for:

(a) the grant or renewal of a greenhouse gas assessment permit; or

(b) the grant or renewal of a greenhouse gas holding lease; or

(c) the grant or variation of a greenhouse gas injection licence; or

(d) the grant of a greenhouse gas search authority; or

(e) a site closing certificate.

Application fee

(2) The application must be accompanied by the fee (if any) prescribed by the regulations.

(3) Different fees may be prescribed for different applications.

(4) A fee must not be such as to amount to taxation.

(5) To avoid doubt, a fee is in addition to:

(a) the amount that a person specifies in an application as the amount that the person is prepared to pay for a cash-bid greenhouse gas assessment permit; and

(b) the amount specified in an offer document as the amount that a person must pay for a cash-bid greenhouse gas assessment permit.

249JC Application may set out additional matters

Scope

(1) This section applies to the following:

(a) an application for the grant of a greenhouse gas assessment permit (otherwise than by way of renewal);

(b) an application for the grant of a greenhouse gas holding lease (otherwise than by way of renewal);

(c) an application for the grant or variation of a greenhouse gas injection licence;

(d) an application for the grant of a greenhouse gas special authority;

(e) an application for a site closing certificate.

Additional matters

(2) The application may set out any additional matters that the applicant wishes to be considered.

249JD Responsible Commonwealth Minister may require further information

Scope

(1) This section applies to an application for:

(a) the grant or renewal of a greenhouse gas assessment permit; or

(b) the grant or renewal of a greenhouse gas holding lease; or

(c) the grant or variation of a greenhouse gas injection licence; or

(d) a site closing certificate.

requirement to give further information

(2) The responsible Commonwealth Minister may, by written notice given to the applicant, require the applicant to give the responsible Commonwealth Minister, within the period specified in the notice, further information in connection with the application.

Consequences of breach of requirement

(3) If the applicant breaches the requirement, the responsible Commonwealth Minister may, by written notice given to the applicant:

(a) refuse to consider the application; or

(b) refuse to take any action, or any further action, in relation to the application.

(4) Subsection (3) has effect despite any provision of this Act that requires the responsible Commonwealth Minister to:

(a) consider the application; or

(b) take any particular action in relation to the application.

(5) A reference in this section to taking action in relation to the application includes a reference to giving an offer document in relation to the application.

249JE Offer documents

Scope

(1) This section applies to an offer document that relates to an application for:

(a) the grant or renewal of a greenhouse gas assessment permit; or

(b) the grant or renewal of a greenhouse gas holding lease; or

(c) the grant of a greenhouse gas injection licence.

general requirements

(2) The offer document must contain:

(a) a summary of the conditions to which the permit, lease or licence will be subject; and

(b) a statement to the effect that the application will lapse if the applicant does not make a request under section 249JF.

Payment for cash-bid greenhouse gas assessment permit

(3) If the offer document relates to an application for the grant of a cash-bid greenhouse gas assessment permit, the offer document must:

(a) specify the amount that the applicant must pay for the permit; and

(b) contain a statement to the effect that the application will lapse if the applicant does not pay the amount to the Commonwealth within the period allowed for making a request under section 249JF.

Security

(4) The offer document may:

(a) specify the form and amount of a security to be lodged by the applicant in respect of compliance with the applicable statutory obligations by the registered holder for the time being of the permit, lease or licence; and

(b) contain a statement to the effect that the application will lapse if the applicant does not lodge the security with the responsible Commonwealth Minister within the period allowed for making a request under section 249JF.

(5) For the purposes of subsection (4), the Applicable statutory obligations Are as follows:

(a) the obligation of the registered holder to comply with a condition to which the permit, lease or licence is subject;

(b) the obligation of the registered holder to comply with a direction given to the registered holder by the responsible Commonwealth Minister under this Chapter, Chapter 4 or Part 5A.1;

(c) the obligation of the registered holder to comply with the provisions of:

(i) this Chapter; or

(ii) Chapter 3A; or

(iii) Chapter 4; or

(iv) Part 5A.1; or

(v) the regulations.

249JF Acceptance of offer - request by applicant

(1) The table has effect:

longer periods

(2) The responsible Commonwealth Minister may allow a longer period under paragraph (b) of column 2 of item 1 or 3 of the table only on written application made by the applicant within the period of 30 days mentioned in paragraph (a) of that column.

(3) The responsible Commonwealth Minister may allow a longer period under paragraph (b) of column 2 of item 5 of the table only on written application made by the applicant within the period of 90 days mentioned in paragraph (a) of that column.

Application lapses if request not made within the applicable period

(4) If an applicant does not make a request under an item of the table within the period applicable under column 2 of the table, the application lapses at the end of that period.

249JG Acceptance of offer - payment

If:

(a) an offer document specifies an amount that the applicant must pay to the Commonwealth for the grant of a cash-bid greenhouse gas assessment permit; and

(b) the applicant has not paid that amount within the period applicable under column 2 of the table in subsection 249JF(1);

The application lapses at the end of that period.

249JGAA Acceptance of offer - lodgment of security

If:

(a) an offer document specifies the form and amount of a security that the applicant must lodge with the responsible Commonwealth Minister; and

(b) the applicant has not lodged that security within the period applicable under section 249JF;

The application lapses at the end of that period.

249JH Consultation - adverse decisions

Scope

(1) This section applies to a decision set out in the table, and the Affected person In relation to that decision is set out in the table:

Consultation

(2) Before making the decision, the responsible Commonwealth Minister must:

(a) by written notice given to the affected person, give at least 30 days notice of the responsible Commonwealth Minister's intention to make the decision; and

(b) give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.

(3) The notice must:

(a) set out details of the decision that is proposed to be made; and

(b) set out the reasons for the proposal; and

(c) invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal; and

(d) specify a time limit for making that submission.

(4) In deciding whether to make the decision, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.

249JHA Responsible Commonwealth Minister may require information about negotiations for a designated agreement

Scope

(1) This section applies to the following applications:

(a) an application under subsection 249AF(1) for approval to carry on one or more key greenhouse gas operations under a greenhouse gas assessment permit;

(b) an application under subsection 249BD(1) for approval to carry on one or more key greenhouse gas operations under a greenhouse gas holding lease;

(c) an application under section 249CH for the grant of a greenhouse gas injection licence;

(d) an application under section 249CQ for the grant of a greenhouse gas injection licence;

where either or both of the following are relevant to the responsible Commonwealth Minister's decision on the application:

(e) the existence or non-existence of a designated agreement;

(f) the terms of a designated agreement.

report about negotiations

(2) The responsible Commonwealth Minister may, by written notice given to the applicant, require the applicant to give to the responsible Commonwealth Minister, within the period specified in the notice, a written report about negotiations, or attempts at negotiations, relating to:

(a) the entering into of the designated agreement; and

(b) the terms of the designated agreement.

Consequences of breach of requirement

(3) If the applicant breaches the requirement, the responsible Commonwealth Minister may, by written notice given to the applicant:

(a) refuse to consider the application; or

(b) refuse to take any action, or any further action, in relation to the application.

(4) Subsection (3) has effect despite any provision of this Act that requires the responsible Commonwealth Minister to:

(a) consider the application; or

(b) take any particular action in relation to the application.

Part 2A.9 - variation, suspension and exemption

Division 1 - variation, suspension and exemption decisions relating to greenhouse gas assessment permits, greenhouse gas holding leases and greenhouse gas injection licences

249KA Variation, suspension and exemption - conditions of titles

when the conditions of a title may be the subject of a variation, suspension or exemption

(1) This section applies if an event specified in the table happens, or a circumstance specified in the table exists:

variation, suspension or exemption

(2) The responsible Commonwealth Minister may, by written notice given to the permittee, lessee or licensee:

(a) vary; or

(b) suspend; or

(c) exempt the permittee, lessee or licensee from compliance with;

Any of the conditions to which the permit, lease, or licence is subject, on such conditions (if any) as are specified in the notice.

(3) Subsection (2) does not authorise the giving of a notice to the extent that it would affect the term of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence.

Note: See also section 249KB (extension of term).

when variation takes effect

(4) A variation of a greenhouse gas injection licence under this section takes effect on the day on which notice of the variation is published in thegazette.

(5) A variation of a greenhouse gas assessment permit or greenhouse gas holding lease under this section takes effect on the day on which notice of the variation is given to the permittee or lessee.

249KB Extension of term of greenhouse gas assessment permit or greenhouse gas holding lease - suspension or exemption

Scope

(1) This section applies if, under section 249KA, the responsible Commonwealth Minister:

(a) suspends any of the conditions to which a greenhouse gas assessment permit or greenhouse gas holding lease is subject; or

(b) exempts a greenhouse gas assessment permittee or greenhouse gas holding lessee from compliance with any of the conditions to which the permit or lease is subject.

extension of term

(2) Despite subsection 249KA(3), if the responsible Commonwealth Minister considers that the circumstances make it reasonable to do so, the responsible Commonwealth Minister may extend the term of the permit or lease by a period not more than the period of the suspension or exemption.

(3) The extension may be:

(a) in the notice of suspension or exemption; or

(b) by a later written notice given to the permittee or lessee.

249KC Suspension of rights - greenhouse gas assessment permit or greenhouse gas holding lease

Suspension of rights

(1) If the responsible Commonwealth Minister is satisfied that it is necessary to do so in the national interest, the responsible Commonwealth Minister must, by written notice given to a greenhouse gas assessment permittee or greenhouse gas holding lessee, suspend, either:

(a) for a specified period; or

(b) indefinitely;

Any or all of the rights conferred by the permit or lease.

(2) If any rights are suspended under subsection (1), any conditions that must be complied with in the exercise of those rights are also suspended.

Termination of suspension

(3) The responsible Commonwealth Minister may, by written notice given to the permittee or lessee, terminate a suspension of rights under subsection (1).

249KD Extension of term of greenhouse gas assessment permit or greenhouse gas holding lease - suspension of rights

Scope

(1) This section applies if rights conferred by a greenhouse gas assessment permit or greenhouse gas holding lease are suspended under section 249KC.

extension of term

(2) The responsible Commonwealth Minister may extend the term of the permit or lease by a period not more than the period of the suspension.

(3) The extension may be:

(a) in the notice of suspension; or

(b) by a later written notice given to the permittee or lessee.

Division 2 - variation, suspension and exemption decisions relating to greenhouse gas search authorities and greenhouse gas special authorities

249KE Variation, suspension and exemption - conditions of greenhouse gas search authorities and greenhouse gas special authorities

when the conditions of a title may be the subject of a variation, suspension or exemption

(1) This section applies if an event specified in the table happens, or a circumstance specified in the table exists:

variation, suspension or exemption

(2) The responsible Commonwealth Minister may, by written notice given to the registered holder of the authority:

(a) vary; or

(b) suspend; or

(c) exempt the registered holder from compliance with;

Any of the conditions to which the authority is subject, on such conditions (if any) as are specified in the notice.

Part 2A.10 - Surrender of titles

Division 1 - Surrender of greenhouse gas assessment permits, greenhouse gas holding leases and greenhouse gas injection licences

249LA Application for consent to surrender title

(1) The table has effect:

(2) An application under subsection (1) must be in writing.

249LB Consent to surrender title

Scope

(1) This section applies if an application is made under section 249LA for a consent.

Decision

(2) The responsible Commonwealth Minister may, by written notice given to the applicant:

(a) give consent; or

(b) refuse to consent.

Criteria

(3) The responsible Commonwealth Minister may consent to the surrender sought by the application only if:

(a) the registered holder of the permit, lease or licence has paid all fees and amounts payable by the holder under the following Acts:

(i) this Act;

(ii) the Annual Fees Act;

or has made arrangements that are satisfactory to the responsible Commonwealth Minister for the payment of those fees and amounts; and

(b) the registered holder of the permit, lease or licence has complied with the conditions to which the permit, lease or licence is subject and with the provisions of:

(i) this Chapter; and

(ii) Chapter 3A; and

(iii) Chapter 4; and

(iv) Part 5A.1; and

(v) the regulations; and

(c) the registered holder of the permit, lease or licence has:

(i) to the satisfaction of the responsible Commonwealth Minister, removed or caused to be removed from the surrender area (defined by subsection (9)) all property brought into the surrender area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or

(ii) made arrangements that are satisfactory to the responsible Commonwealth Minister in relation to that property; and

(d) the registered holder of the permit, lease or licence has, to the satisfaction of the responsible Commonwealth Minister, plugged or closed off all wells made in the surrender area by any person engaged or concerned in the operations authorised by the permit, lease or licence; and

(e) the registered holder of the permit, lease or licence has provided, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the surrender area; and

(f) the registered holder of the permit, lease or licence has, to the satisfaction of the responsible Commonwealth Minister, made good any damage to the seabed or subsoil in the surrender area caused by any person engaged or concerned in the operations authorised by the permit, lease or licence; and

(g) in the case of an application for consent to surrender a greenhouse gas injection licence as to all of the blocks in relation to which the licence is in force - a site closing certificate is in force in relation to each identified greenhouse gas storage formation specified in the licence; and

(h) in the case of an application for consent to surrender a greenhouse gas injection licence as to some of the blocks in relation to which the licence is in force - a site closing certificate is in force in relation to each identified greenhouse gas storage formation that:

(i) is specified in the licence; and

(ii) extends to those blocks.

(4) If:

(a) the registered holder has complied with the requirements mentioned in paragraphs (3)(a) to (f); and

(b) in the case of an application for consent to surrender a greenhouse gas injection licence as to all of the blocks in relation to which the licence is in force - the requirement mentioned in paragraph (3)(g) has been met; and

(c) in the case of an application for consent to surrender a greenhouse gas injection licence as to some of the blocks in relation to which the licence is in force - the requirement mentioned in paragraph (3)(h) has been met;

The responsible Commonwealth Minister must not unreasonably refuse consent to the surrender.

(5) Paragraph (3)(e) has effect subject to:

(a) this Chapter; and

(b) Chapter 4; and

(c) the regulations.

(6) In attaining a state of satisfaction for the purposes of paragraph (3)(d), the responsible Commonwealth Minister must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum-bearing qualities of geological formations.

Sufficient grounds

(7) Despite subsection (3), if:

(a) any of:

(i) the conditions to which the permit, lease or licence is 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

(b) the responsible Commonwealth Minister is satisfied that there are sufficient grounds to warrant the giving of consent to the surrender sought by the application;

The responsible Commonwealth Minister may give consent under subsection (2) to the surrender sought by the application.

work-bid greenhouse gas assessment permit - compliance with work condition

(8) For the purposes of this section, if:

(a) the application for consent relates to a work-bid greenhouse gas assessment permit; and

(b) a condition of the permit requires the registered holder to carry out specified work during a period specified in the permit; and

(c) the application is made during such a period;

The registered holder of the permit is taken not to have complied with the condition unless the holder has completed the work specified for the period mentioned in paragraph (c).

Surrender area

(9) For the purposes of this section, the Surrender area Is worked out using the table:

249LC Surrender of title

Scope

(1) This section applies if the responsible Commonwealth Minister consents under section 249LB to:

(a) the surrender of a greenhouse gas assessment permit; or

(b) the surrender of a greenhouse gas holding lease; or

(c) the surrender, in whole or in part, of a greenhouse gas injection licence.

Surrender

(2) The registered holder of the permit, lease or licence may, by written notice given to the responsible Commonwealth Minister, surrender:

(a) in the case of a permit or lease - the permit or lease; or

(b) in the case of a licence - the whole or the part, as the case may be, of the licence.

when surrender takes effect

(3) The surrender takes effect on the day on which notice of the surrender is published in thegazette.

Division 2 - Surrender of greenhouse gas search authorities and greenhouse gas special authorities

249LCA Surrender of greenhouse gas search authority

The registered holder of a greenhouse gas search authority may, by written notice given to the responsible Commonwealth Minister, surrender the greenhouse gas search authority.

249LD Surrender of greenhouse gas special authority

The registered holder of a greenhouse gas special authority may, by written notice given to the responsible Commonwealth Minister, surrender the greenhouse gas special authority.

Part 2A.11 - Cancellation of titles

Division 1 - Cancellation of greenhouse gas assessment permits, greenhouse gas holding leases and greenhouse gas injection licences

249MA Grounds for cancellation of title

For the purposes of this Division, each of the following is a ground for cancelling a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence:

(a) the registered holder has not complied with a condition to which the permit, lease or licence is subject;

(b) the registered holder has not complied with a direction given to the holder by the responsible Commonwealth Minister under this Chapter, Chapter 4 or Part 5A.1;

(c) the registered holder has not complied with a provision of:

(i) this Chapter; or

(ii) Chapter 3A; or

(iii) Chapter 4; or

(iv) Part 5A.1; or

(v) the regulations;

(d) the registered holder has not paid an amount payable by the holder under:

(i) this Act; or

(ii) the Annual Fees Act;

within the period of 90 days after the day on which the amount became payable;

(e) in the case of a greenhouse gas injection licence:

(i) if a single identified greenhouse gas storage formation is wholly situated in the licence area - the declaration under section 249AU that relates to the identified greenhouse gas storage formation is revoked under section 249AUB; or

(ii) if 2 or more identified greenhouse gas storage formations are wholly situated in the licence area - each of the declarations under section 249AU that relate to those identified greenhouse gas storage formations is revoked under section 249AUB;

(f) in the case of a greenhouse gas holding lease:

(i) if a single identified greenhouse gas storage formation is wholly situated in the lease area - the declaration under section 249AU that relates to the identified greenhouse gas storage formation is revoked under section 249AUB; or

(ii) if 2 or more identified greenhouse gas storage formations are wholly situated in the lease area - each of the declarations under section 249AU that relate to those identified greenhouse gas storage formations is revoked under section 249AUB.

249MB Cancellation of title

(1) The table has effect:

Note: Consultation procedures apply - see section 249MC.

(2) In exercising a power conferred by subsection (1), the responsible Commonwealth Minister must take into account any action taken by the registered holder:

(a) to remove the ground of cancellation; or

(b) to prevent the recurrence of similar grounds.

(3) A cancellation takes effect on the day on which notice of the cancellation is published in thegazette.

249MC Consultation

(1) Before making a decision under subsection 249MB(1), the responsible Commonwealth Minister must:

(a) by written notice given to the registered holder, give at least 30 days notice of the responsible Commonwealth Minister's intention to make the decision; and

(b) give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.

(2) The notice must:

(a) set out details of the decision that is proposed to be made; and

(b) set out the reasons for the proposal; and

(c) invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal; and

(d) specify a time limit for making that submission.

(3) In deciding whether to make the decision, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.

249MD Cancellation of title not affected by other provisions

Cancellation on ground of non-compliance

(1) If:

(a) the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not complied with a provision of:

(i) this Chapter; or

(ii) Chapter 3A; or

(iii) Chapter 4; or

(iv) Part 5A.1; or

(v) the regulations; and

(b) the holder has been convicted of an offence relating to that non-compliance;

The responsible Commonwealth Minister may exercise a power of cancellation under subsection 249MB(1) on the ground of that non-compliance, even though the holder has been convicted of that offence.

(2) If:

(a) a person who was the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not complied with a provision of:

(i) this Chapter; or

(ii) Chapter 3A; or

(iii) Chapter 4; or

(iv) Part 5A.1; or

(v) the regulations; and

(b) the responsible Commonwealth Minister has exercised a power of cancellation under subsection 249MB(1) on the ground of that non-compliance;

The person may be convicted of an offence relating to the non-compliance, even though the responsible Commonwealth Minister has exercised that power of cancellation.

Cancellation on ground of non-payment

(3) If:

(a) the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not paid an amount payable by the holder under:

(i) this Act; or

(ii) the Annual Fees Act;

within the period of 90 days after the day on which the amount became payable; and

(b) either:

(i) judgment for the amount has been obtained; or

(ii) the amount, or any part of the amount, has been paid or recovered;

The responsible Commonwealth Minister may exercise a power of cancellation under subsection 249MB(1) on the ground of that non-payment, even though:

(c) judgment for the amount has been obtained; or

(d) the amount, or a part of the amount, has been paid or recovered.

(4) If:

(a) a person who was the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not paid an amount payable by the person under:

(i) this Act; or

(ii) the Annual Fees Act;

within the period of 90 days after the day on which the amount became payable; and

(b) the responsible Commonwealth Minister has exercised a power of cancellation under subsection 249MB(1) on the ground of that non-payment;

The person continues to be liable to pay:

(c) that amount; and

(d) any late payment penalty relating to that amount;

even though the responsible Commonwealth Minister has exercised that power of cancellation.

Division 2 - Cancellation of greenhouse gas search authorities

249ME Cancellation of greenhouse gas search authority

The responsible Commonwealth Minister may, by written notice given to the registered holder of a greenhouse gas search authority, cancel the greenhouse gas search authority if the holder has breached a condition of the greenhouse gas search authority.

Part 2A.12 - Other provisions

249NA Notification of eligible greenhouse gas storage formation

Scope

(1) This section applies if:

(a) a part of a geological formation is wholly situated in the permit area of a greenhouse gas assessment permit, and the permittee has reasonable grounds to suspect that that part could be an eligible greenhouse gas storage formation; or

(b) a part of a geological formation is wholly situated in the lease area of a greenhouse gas holding lease, and the lessee has reasonable grounds to suspect that that part could be an eligible greenhouse gas storage formation; or

(c) a part of a geological formation is wholly situated in the licence area of a greenhouse gas injection licence, and the licensee has reasonable grounds to suspect that that part could be an eligible greenhouse gas storage formation.

Notification

(2) The permittee, lessee or licensee must, by written notice, inform the responsible Commonwealth Minister about the matter as soon as practicable, and in any event within 30 days, after the day on which the permittee, lessee or licensee, as the case may be, forms the relevant suspicion.

(3) A notice under subsection (2) is not required to set out the fundamental suitability determinants of that part.

(4) Subsection (3) has effect subject to subsections (5) and (6).

(5) A notice under subsection (2) must be accompanied by a written statement that the permittee, lessee or licensee has reasonable grounds to suspect that the part is suitable for the permanent storage of a specified amount of a specified greenhouse gas substance.

(6) If the permittee, lessee or licensee has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation because of paragraph 15B(1)(b), a notice under subsection (2) must be accompanied by a written statement describing the engineering enhancements referred to in that paragraph.

exemption

(7) Subsections (2), (5) and (6) do not apply to a permittee, lessee or licensee in relation to a part of a geological formation if a former holder of the permit, lease or licence, as the case may be, previously complied with that subsection in relation to the part.

Offence

(8) A person commits an offence if:

(a) the person is subject to a requirement under subsection (2), (5) or (6); and

(b) the person omits to do an act; and

(c) the omission breaches the requirement.

Penalty for a contravention of this subsection: 100 penalty units.

249NB Notification of discovery of petroleum in greenhouse gas assessment permit area etc.

Scope

(1) This section applies if petroleum is discovered in:

(a) a greenhouse gas assessment permit area; or

(b) a greenhouse gas holding lease area; or

(c) a greenhouse gas injection licence area.

Notification

(2) The permittee, lessee or licensee must immediately inform the responsible Commonwealth Minister of the discovery.

(3) The permittee, lessee or licensee must, within 3 days after the date of the discovery, give the responsible Commonwealth Minister a written notice setting out:

(a) details of the discovery; and

(b) such other information (if any) about the discovery as is specified in the regulations.

(4) Subsections (2) and (3) do not apply if the petroleum is discovered by an exploration permittee, retention lessee or production licensee.

Offence

(5) A person commits an offence if:

(a) the person is subject to a requirement under subsection (2) or (3); and

(b) the person omits to do an act; and

(c) the omission breaches the requirement.

Penalty for a contravention of this subsection: 100 penalty units.

249NC Disposing of waste or other matter

(1) A person commits an offence if:

(a) the person adds waste or other matter to a greenhouse gas substance; and

(b) the person does so with the intention of disposing of the waste or other matter; and

(c) the person, or another person, injects the resulting mixture into the seabed or subsoil of an offshore area.

Penalty: Imprisonment for 5 years.

(2) Subsection (1) does not apply if:

(a) the waste or other matter resulted from petroleum recovery operations carried on under a production licence; and

(b) the injection takes place at a well situated in the licence area of the production licence; and

(c) the injection is carried out:

(i) with the written consent of the responsible Commonwealth Minister or the Designated Authority; and

(ii) in accordance with the conditions (if any) specified in that consent.

Note: The defendant bears an evidential burden in relation to the matters in subsection (2) - see subsection 13.3(3) of theCriminal Code.

Consents

(3) The responsible Commonwealth Minister or the Designated Authority may:

(a) refuse to give a consent under subsection (2); or

(b) make a consent under subsection (2) subject to such conditions as are specified in the consent.

249NCA Additional securities etc.

Additional security

(1) If:

(a) one or more securities are in force in relation to:

(i) a greenhouse gas assessment permit; or

(ii) a greenhouse gas holding lease; or

(iii) a greenhouse gas injection licence; and

(b) the responsible Commonwealth Minister is satisfied that the total amount of the securities is insufficient;

The responsible Commonwealth Minister may give the permittee, lessee or licensee a written notice:

(c) requiring the permittee, lessee or licensee to lodge with the responsible Commonwealth Minister, within 60 days after the giving of the notice, an additional security in respect of compliance with the applicable statutory obligations by the registered holder for the time being of the permit, lease or licence; and

(d) specifying the form and amount of the additional security.

New security

(2) If:

(a) a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force; and

(b) no security is in force in relation to the permit, lease or licence; and

(c) the responsible Commonwealth Minister is satisfied that it would be appropriate to require the lodgment of a security in respect of compliance with the applicable statutory obligations by the registered holder for the time being of the permit, lease or licence;

The responsible Commonwealth Minister may give the permittee, lessee or licensee a written notice:

(c) requiring the permittee, lessee or licensee to lodge with the responsible Commonwealth Minister, within 60 days after the giving of the notice, a security in respect of compliance, by the registered holder for the time being of the permit, lease or licence, with the applicable statutory obligations; and

(d) specifying the form and amount of the security.

Statutory obligations

(3) For the purposes of this section, the Applicable Statutory obligations Are as follows:

(a) the obligation of the registered holder to comply with a condition to which the permit, lease or licence is subject;

(b) the obligation of the registered holder to comply with a direction given to the registered holder by the responsible Commonwealth Minister under this Chapter, Chapter 4 or Part 5A.1;

(c) the obligation of the registered holder to comply with the provisions of:

(i) this Chapter; or

(ii) Chapter 3A; or

(iii) Chapter 4; or

(iv) Part 5A.1; or

(v) the regulations.

249NCB Transfer of securities

If:

(a) a security is in force in relation to:

(i) a greenhouse gas assessment permit; or

(ii) a greenhouse gas holding lease; or

(iii) a greenhouse gas injection licence; and

(b) a transfer of the permit, lease or licence is registered under section 298-262;

Then:

(c) the interest of the transferor in the security is, by force of this section, transferred to the transferee; and

(d) a document setting out or relating to the security has effect, after the transfer, as if a reference in the document to the transferor were a reference to the transferee.

249NCC Discharge of securities

The regulations may make provision in relation to the discharge, in whole or in part, by the responsible Commonwealth Minister of securities in force in relation to:

(a) greenhouse gas assessment permits; or

(b) greenhouse gas holding leases; or

(c) greenhouse gas injection licences.

249ND Approved site plans

(1) The regulations may provide that a greenhouse gas injection licensee must not carry on any operations in relation to an identified greenhouse gas storage formation specified in the licence unless an approved site plan is in force in relation to the formation.

(2) The regulations may provide that, if an approved site plan is in force in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, the licensee must comply with the approved site plan.

Approval

(3) The regulations may make provision for the responsible Commonwealth Minister to approve draft site plans.

Duration

(4) The regulations may provide that, if the responsible Commonwealth Minister approves a draft site plan, the approved site plan:

(a) comes into force at the time of the approval; and

(b) remains in force:

(i) if, under the regulations, the responsible Commonwealth Minister withdraws approval of the approved site plan - until the withdrawal; or

(ii) otherwise - indefinitely.

withdrawal of approval

(5) The regulations may make provision for the responsible Commonwealth Minister to withdraw approval of approved site plans.

variation of approved site plans

(6) The regulations may make provision for and in relation to the variation of approved site plans.

(7) Regulations made for the purposes of subsection (6) may:

(a) require the registered holder of a greenhouse gas injection licence to prepare a draft variation of an approved site plan:

(i) periodically; or

(ii) in such circumstances as are specified in the regulations; or

(iii) when required to do so by the responsible Commonwealth Minister; and

(b) require the registered holder of a greenhouse gas injection licence to give the draft variation to the responsible Commonwealth Minister; and

(c) make provision for the responsible Commonwealth Minister to approve the variation; and

(d) provide that, if the responsible Commonwealth Minister approves the variation, the approved site plan is varied accordingly.

(8) If an approved site plan is varied, a reference in this Act to the approved site plan is a reference to the approved site plan as varied.

249NDA Co-existence of greenhouse gas titles and petroleum titles

(1) This Act does not prevent:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

(c) a greenhouse gas injection licence; or

(d) a greenhouse gas search authority; or

(e) a greenhouse gas special authority;

from being in force over the whole or a part of an area in respect of which any of the following is in force:

(f) an exploration permit;

(g) a retention lease;

(h) a production licence;

(i) a special prospecting authority;

(j) an access authority.

(2) This Act does not prevent:

(a) an exploration permit; or

(b) a retention lease; or

(c) a production licence; or

(d) a special prospecting authority; or

(e) an access authority;

from being in force over the whole or a part of an area in respect of which any of the following is in force:

(f) a greenhouse gas assessment permit;

(g) a greenhouse gas holding lease;

(h) a greenhouse gas injection licence;

(i) a greenhouse gas search authority;

(j) a greenhouse gas special authority.

249NE Reservation of blocks

(1) If the following conditions are satisfied in relation to a particular block:

(a) there is no greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence over the block;

(b) there is no place in the block that is an infrastructure licence area;

(c) there is no pipeline over or in the block;

(d) there are no pending applications for the grant of a greenhouse gas assessment permit or greenhouse gas injection licence over the block;

(e) there are no pending applications for the grant of an infrastructure licence relating to a place in the block;

(f) there are no pending applications for the grant of a pipeline licence relating to a pipeline, or proposed pipeline, over or in the block;

The responsible Commonwealth Minister may, by notice published in thegazette, declare that:

(g) the block is not to be the subject of a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority; and

(h) an infrastructure licence is not to be granted in relation to a place within the block; and

(i) a pipeline licence is not to be granted in relation to a pipeline over or in the block.

(2) If a declaration under subsection (1) is in force in relation to a block:

(a) a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority must not be granted over that block; and

(b) an infrastructure licence must not be granted in relation to a place within that block; and

(c) a pipeline licence must not be granted in relation to a pipeline over or in that block.

(3) Subsection (2) has effect despite any other provision of this Act.

249NF Interference with other rights

Scope

(1) This section applies to the following:

(a) a greenhouse gas assessment permit;

(b) a greenhouse gas holding lease;

(c) a greenhouse gas injection licence;

(d) a greenhouse gas search authority;

(e) a greenhouse gas special authority;

(f) a greenhouse gas research consent.

requirement

(2) A person (the first person ) carrying on activities in an offshore area under the permit, lease, licence, authority or consent must carry on those activities in a manner that does not interfere with:

(a) navigation; or

(b) fishing; or

(c) the conservation of the resources of the sea and seabed; or

(d) any activities of another person being lawfully carried on by way of:

(i) exploration for, recovery of or conveyance of a mineral (other than petroleum); or

(ii) construction or operation of a pipeline; or

(e) the enjoyment of native title rights and interests (within the meaning of theNative Title Act 1993);

To a greater extent than is necessary for the reasonable exercise of the rights and performance of the duties of the first person.

Offence

(3) A person commits an offence if:

(a) the person is subject to a requirement under subsection (2); and

(b) the person engages in conduct; and

(c) the person's conduct breaches the requirement.

Penalty for a contravention of this subsection: 100 penalty units.

249NG No conditions about payment of money

There must not be included in:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

(c) a greenhouse gas injection licence;

A condition requiring the payment of money to the responsible Commonwealth Minister or the Commonwealth.

249NH Certain portions of blocks to be blocks

Scope

(1) This section applies if the area in relation to which a title is in force includes one or more portions of a section 16 block.

Note: This would be the case if the boundaries of a title area do not conform to the graticular system established by this Act.

Portion of a block to be a block

(2) For the purposes of this Act:

(a) the area of that portion or those portions constitutes a block (a Type A block ); and

(b) the area of the remaining portion or portions of the section 16 block (but not including any part of that area in relation to which another title is in force) constitutes a block (a Type B block ).

Amalgamation of portions of blocks

(3) If a title ceases to be in force in relation to a type A block (the first type A block ), the responsible Commonwealth Minister may, by written instrument, if the responsible Commonwealth Minister considers it desirable to do so, determine that the first type A block be amalgamated with:

(a) another type A block or blocks, so long as the following conditions are satisfied in relation to the other type A block or blocks:

(i) the other type A block or blocks form part of the graticular section of which the first type A block forms part;

(ii) a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force in relation to the other type A block or blocks; or

(b) both:

(i) another type A block or blocks covered by paragraph (a); and

(ii) a type B block that forms part of the graticular section of which the first type A block forms part.

(4) If a determination is made under subsection (3), then, for the purposes of this Act:

(a) the blocks the subject of the determination cease to constitute blocks; and

(b) the areas of those blocks together constitute a block; and

(c) the block constituted as a result of the determination is, subject to this Act, for the remainder of the term of the permit, lease or licence concerned, a block in relation to which the permit, lease or licence is in force.

(5) The responsible Commonwealth Minister must not make a determination under subsection (3) except with the consent of the permittee, lessee or licensee concerned.

Definitions

(6) In this section:

Section 16 block means a block constituted as provided by section 16.

Title means:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

(c) a greenhouse gas injection licence; or

(d) a prescribed instrument.

249NJ Changes to the boundary of the coastal waters of a State or Territory

Change to coastal waters boundary results in an area ceasing to be within the offshore area of a State or Territory

(1) If:

(a) a Commonwealth title has been granted on the basis that an area (the first area ) is within the offshore area of a State or the Northern Territory; and

(b) as a result of a change to the boundary of the coastal waters of the State or Territory, the first area:

(i) ceases to be within the offshore area of the State or Territory; and

(ii) falls within the coastal waters of the State or Territory;

This Act applies in relation to the Commonwealth title as if the first area were still within the offshore area in relation to the State or Territory.

(2) Subsection (1) continues to apply to the first area only while the Commonwealth title remains in force.

Change to coastal waters boundary results in an area ceasing to be within the coastal waters of a State or Territory

(3) If:

(a) a State/Territory title has been granted by a State or the Northern Territory on the basis that an area (the Second area ) is within the coastal waters of the State or Territory; and

(b) as a result of a change to the boundary of the coastal waters of the State or Territory, the second area:

(i) ceases to be within the coastal waters of the State or Territory; and

(ii) falls within the offshore area of the State or Territory;

Then, so far as the State/Territory title is concerned, this Act does not apply to the second area.

(4) Subsection (3) continues to apply to the second area only while the State/Territory title remains in force.

Definitions

(5) In this section:

Commonwealth title means:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

(c) a greenhouse gas injection licence.

State/Territory title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, some or all of the rights that a Commonwealth title confers in relation to the offshore area of the State or Territory.

249NK Commonwealth may monitor the behaviour of a greenhouse gas substance stored in a part of a geological formation

(1) The Commonwealth may carry out in an offshore area operations for the purposes of monitoring the behaviour of a greenhouse gas substance stored in a part of a geological formation.

(2) Subsection (1) does not limit the executive power of the Commonwealth.

249NL Monitoring information may be made publicly available

Scope

(1) This section applies to information that:

(a) is held by the Commonwealth; and

(b) relates to the monitoring of the behaviour of a greenhouse gas substance stored in a part of a geological formation, where the part is wholly or partly situated in one or more offshore areas.

Information may be made publicly available

(2) The regulations may authorise the responsible Commonwealth Minister to make the information publicly available.