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

Schedule 1   Amendments relating to greenhouse gas storage etc.

Offshore Petroleum Act 2006

160   After section 188

Insert:

188A Refusal to grant greenhouse gas-related pipeline licence

Scope

(1) This section applies if an application for a pipeline licence has been made under section 185.

Application by licensee of production licence

(2) If:

(a) the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:

(i) the conveyance of a greenhouse gas substance within a production licence area in that offshore area; or

(ii) the conveyance of a greenhouse gas substance from a place outside a production licence area to a place in the production licence area; and

(b) either:

(i) if subparagraph (a)(i) applies - the greenhouse gas substance is a by-product of petroleum recovery operations carried on under the production licence; or

(ii) if subparagraph (a)(ii) applies - the greenhouse gas substance is to be injected into the seabed or subsoil for the purpose of enhancing petroleum recovery operations carried on under the production licence; and

(c) the applicant is the production licensee; and

(d) any of:

(i) the conditions to which the production licence is, or has from time to time been, subject; or

(ii) the provisions of this Chapter, Chapter 3, Chapter 4 and Part 5.1; or

(iii) the provisions of the regulations;

have not been complied with; and

(e) the Joint Authority is not satisfied that there are sufficient grounds to warrant the granting of a pipeline licence;

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

Note: Consultation procedures apply - see section 226.

Application by a person who is not a production licensee

(3) If:

(a) the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:

(i) the conveyance of a greenhouse gas substance within a production licence area in that offshore area; or

(ii) the conveyance of a greenhouse gas substance from a place outside a production licence area to a place in the production licence area; and

(b) either:

(i) if subparagraph (a)(i) applies - the greenhouse gas substance is a by-product of petroleum recovery operations carried on under the production licence; or

(ii) if subparagraph (a)(ii) applies - the greenhouse gas substance is to be injected into the seabed or subsoil for the purpose of enhancing petroleum recovery operations carried on under the production licence; and

(c) the applicant is not the production licensee;

the Joint Authority may, by written notice given to the applicant, refuse to grant the pipeline licence.

Application by licensee of greenhouse gas injection licence

(4) If:

(a) the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:

(i) the conveyance of a greenhouse gas substance within a greenhouse gas injection licence area in that offshore area; or

(ii) the conveyance of a greenhouse gas substance from a place outside a greenhouse gas injection area to a place in the greenhouse gas injection licence area; and

(b) the greenhouse gas substance is to be injected into an identified greenhouse gas storage formation that is wholly situated in the greenhouse gas injection licence area; and

(c) the applicant is the greenhouse gas injection licensee; and

(d) any of:

(i) the conditions to which the greenhouse gas injection licence is, or has from time to time been, subject; or

(ii) the provisions of this Chapter, Chapter 3A, Chapter 4 and Part 5A.1; or

(iii) the provisions of the regulations;

have not been complied with; and

(e) the Joint Authority is not satisfied that there are sufficient grounds to warrant the granting of a pipeline licence;

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

Note: Consultation procedures apply - see section 226.

Application by a person who is not a greenhouse gas injection licensee

(5) If:

(a) the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for:

(i) the conveyance of a greenhouse gas substance within a greenhouse gas injection licence area in that offshore area; or

(ii) the conveyance of a greenhouse gas substance from a place outside a greenhouse gas injection licence area to a place in the greenhouse gas injection licence area; and

(b) the greenhouse gas substance is to be injected into an identified greenhouse gas storage formation that is wholly situated in the greenhouse gas injection licence area; and

(c) the applicant is not the greenhouse gas injection licensee;

the Joint Authority may, by written notice given to the applicant, refuse to grant the pipeline licence.