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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 213

Approval by Joint Authority of greenhouse gas substance to be conveyed in a pipeline

  (1)   A pipeline licensee may apply to the Joint Authority for approval of a greenhouse gas substance that is to be conveyed by means of the pipeline.

  (2)   If an application for approval is made under subsection   (1), the Joint Authority may, by written notice given to the applicant:

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

  (b)   refuse to give the approval.

  (3)   In deciding whether to give an approval, the Joint Authority must have regard to:

  (a)   in a case where it is proposed to inject the greenhouse gas substance into an identified greenhouse gas storage formation:

  (i)   whether the greenhouse gas substance is suitable for injection into the identified greenhouse gas storage formation; and

  (ii)   whether the greenhouse gas substance is suitable for permanent storage in the identified greenhouse gas storage formation; and

  (b)   in a case where it is proposed to inject the greenhouse gas substance, on an appraisal basis, into a potential greenhouse gas storage formation (other than an identified greenhouse gas storage formation):

  (i)   whether the greenhouse gas substance is suitable for injection, on an appraisal basis, into the potential greenhouse gas storage formation; and

  (ii)   whether the greenhouse gas substance is suitable for storage, on an appraisal basis, in the potential greenhouse gas storage formation; and

  (c)   such other matters (if any) as the Joint Authority considers relevant.

  (4)   To avoid doubt, section   211 does not imply that a pipeline licensee who applies for approval under subsection   (1) of this section is entitled to be given the approval.

  (5)   The responsible Commonwealth Minister may, by written notice given to the Joint Authority, give the Joint Authority a direction in relation to the exercise by the Joint Authority of the power conferred on the Joint Authority by subsection   (2) in relation to a specified application.

  (6)   The Joint Authority must comply with a direction under subsection   (5).

  (7)   A direction under subsection   (5) is not a legislative instrument.


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