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

Schedule 1   Amendments relating to greenhouse gas storage etc.

Offshore Petroleum Act 2006

120   After section 79

Insert:

79A Declared exploration permit - approval by responsible Commonwealth Minister of key petroleum operations

(1) The registered holder of a declared exploration permit may apply to the responsible Commonwealth Minister for approval to carry on one or more key petroleum operations under the permit.

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

(a) give the approval; 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) and (7).

(4) The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key petroleum operations could have on:

(a) operations for the injection of a greenhouse gas substance; or

(b) operations for the storage of a greenhouse gas substance;

That are being, or could be, carried on under:

(c) an existing greenhouse gas assessment permit; or

(d) an existing greenhouse gas holding lease; or

(e) an existing greenhouse gas injection licence; or

(f) if a greenhouse gas assessment permit or a greenhouse gas holding lease is in force over a block or blocks:

(i) a future greenhouse gas holding lease over the block or any of the blocks; or

(ii) a future greenhouse gas injection licence over the block or any of the blocks.

(5) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:

(a) operations for the injection of a greenhouse gas substance; or

(b) operations for the storage of a greenhouse gas substance;

That are being, or could be, carried on under:

(c) an existing greenhouse gas assessment permit held by a person other than the applicant; or

(d) an existing greenhouse gas holding lease held by a person other than the applicant; or

(e) an existing greenhouse gas injection licence held by a person other than the applicant;

The responsible Commonwealth Minister must have regard to:

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

(g) 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 petroleum operations will have a significant adverse impact on:

(i) operations for the injection of a greenhouse gas substance; or

(ii) operations for the storage of a greenhouse gas substance;

that could be carried on under:

(iii) a future greenhouse gas holding lease over a block or blocks; or

(iv) a future greenhouse gas injection licence over a block or blocks; and

(b) a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force over the block or any of the blocks; and

(c) the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection 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 greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and

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

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

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

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

responsible Commonwealth Minister must not give approval in certain circumstances

(10) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:

(a) operations for the injection of a greenhouse gas substance; or

(b) operations for the storage of a greenhouse gas substance;

That are being, or could be, carried on under an existing greenhouse gas injection licence, the responsible Commonwealth Minister must not give the approval unless the registered holder of the greenhouse gas injection licence has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied.

No right to an approval

(11) To avoid doubt, section 78 does not imply that an exploration permittee who applies for approval under subsection (1) of this section is entitled to be given the approval.

Suspension of rights

(12) For the purposes of this section, disregard a suspension of rights under section 249KC.

79B Declared exploration permits

(1) If:

(a) a post-commencement exploration permit is in force; and

(b) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the key petroleum operations that could be carried on under the permit will have a significant adverse impact on:

(i) operations for the injection of a greenhouse gas substance; or

(ii) operations for the storage of a greenhouse gas substance;

that are being, or could be, carried on under:

(iii) an existing greenhouse gas assessment permit; or

(iv) an existing greenhouse gas holding lease; or

(v) an existing greenhouse gas injection licence; or

(vi) a future greenhouse gas assessment permit; or

(vii) a future greenhouse gas holding lease; or

(viii) a future greenhouse gas injection licence;

The responsible Commonwealth Minister may, by written notice given to the exploration permittee, determine that the exploration permit is a Declared exploration permit for the purposes of this Act.

(2) If:

(a) a determination is in force under subsection (1) in relation to a post-commencement exploration permit; and

(b) the responsible Commonwealth Minister is not satisfied that there is a significant risk that any of the key petroleum operations that could be carried on under the permit will have a significant adverse impact on:

(i) operations for the injection of a greenhouse gas substance; or

(ii) operations for the storage of a greenhouse gas substance;

that are being, or could be, carried on under:

(iii) an existing greenhouse gas assessment permit; or

(iv) an existing greenhouse gas holding lease; or

(v) an existing greenhouse gas injection licence; or

(vi) a future greenhouse gas assessment permit; or

(vii) a future greenhouse gas holding lease; or

(viii) a future greenhouse gas injection licence;

The responsible Commonwealth Minister must, by written notice given to the exploration permittee, revoke the determination.