Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 358A

Conditions of cross - boundary greenhouse gas injection licences

  (1)   The Cross - boundary Authority may grant a cross - boundary greenhouse gas injection licence subject to whatever conditions the Cross - boundary Authority thinks appropriate.

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

Injection and storage of greenhouse gas substance

  (3)   A cross - boundary 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 cross - boundary greenhouse gas injection licence as mentioned in paragraph   (3)(c).

  (6)   If 2 or more identified greenhouse gas storage formations are specified in a cross - boundary 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)   The condition mentioned in subsection   (3) must be specified in the licence.

Securities

  (9)   A cross - boundary 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.

Access regime

  (10)   A cross - boundary 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.

  (12)   The regime established under subsection   (11) does not apply to an identified greenhouse gas storage formation unless the formation is wholly situated in the licence area of a cross - boundary greenhouse gas injection licence.

Imposition of additional conditions

  (13)   The Cross - boundary Authority may, by written notice given to the registered holder of a cross - boundary greenhouse gas injection licence, vary the licence by imposing one or more conditions to which the licence is subject.

  (14)   A variation of a cross - boundary greenhouse gas injection licence under subsection   (13) takes effect on the day on which notice of the variation is given to the licensee.

  (15)   If:

  (a)   a cross - boundary greenhouse gas injection licence is subject to a condition; and

  (b)   the condition was imposed under subsection   (13);

the Cross - boundary Authority may, by written notice given to the licensee, vary or revoke the condition.

  (16)   A variation of a cross - boundary greenhouse gas injection licence under subsection   (15) takes effect on the day on which notice of the variation is given to the licensee.

  (17)   Subsection   (16) does not limit section   439A.

Other provisions

  (18)   Despite subsection   (2), the conditions mentioned in subsections   (9) and (10) do not need to be specified in the licence.

  (19)   Subsections   (3), (9) and (10) do not limit subsection   (1) or (13).


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback