Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1A) This section does not apply to a cross - boundary greenhouse gas injection licence.
(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;
(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 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.
(8) If a greenhouse gas injection licence is granted under section 372 to the registered holder of a petroleum production licence on the basis that the responsible Commonwealth Minister is satisfied of the matter set out in subparagraph 370(c)(i), the origin or origins specified under paragraph (3)(f) of this section must be situated in the licence area of the petroleum production licence.
(8A) If a greenhouse gas injection licence is granted under section 372 to the registered holder of a petroleum production licence on the basis that the responsible Commonwealth Minister is satisfied of the matter set out in subparagraph 370(c)(ii), the specified origin or origins of some or all of the greenhouse gas substance must be situated in:
(a) the licence area of a petroleum production licence; or
(b) the licence areas of petroleum production licences.
(9) If a greenhouse gas injection licence is tied to a petroleum production licence, the origin or origins specified under paragraph (3)(f) of this section must be situated in the licence area of the petroleum production licence.
(10) The condition mentioned in subsection (3) must be specified in the licence.
(11) A greenhouse gas injection licence is subject to the condition that, if the licensee is given a notice under section 454, the licensee will comply with the notice.
(12) A greenhouse gas injection licence is subject to the condition that, if:
(a) regulations are made for the purposes of subsection (13); and
(b) those regulations impose requirements on the licensee;
the licensee will comply with those requirements.
(13) 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.
(13A) The regime established under subsection (13) does not apply to an identified greenhouse gas storage formation that is wholly situated in the licence area of a cross - boundary greenhouse gas injection licence.
Imposition of additional conditions
(14) 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.
(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.
(a) a greenhouse gas injection licence is subject to a condition; and
(b) the condition was imposed under subsection (14);
the responsible Commonwealth Minister may, by written notice given to the licensee, vary or revoke the condition.
(17) A variation of a greenhouse gas injection licence under subsection (16) takes effect on the day on which notice of the variation is given to the licensee.
(18) Subsection (17) does not limit section 436.
(19) Despite subsection (2), the conditions mentioned in subsections (11) and (12) do not need to be specified in the licence.
(20) Subsections (3), (11) and (12) do not limit
subsection (1) or (14).