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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 370

Grant of greenhouse gas injection licence--offer document

    If:

  (a)   an application for a greenhouse gas injection licence has been made under section   369 by the registered holder of a petroleum production licence; and

  (b)   the responsible Commonwealth Minister is satisfied that, if the greenhouse gas injection licence were granted to the applicant, the applicant will, within 5 years after the grant, commence operations to:

  (i)   inject a greenhouse gas substance into the identified greenhouse gas storage formation or formations concerned; and

  (ii)   permanently store the greenhouse gas substance in the identified greenhouse gas storage formation or formations concerned; and

  (c)   either:

  (i)   the responsible Commonwealth Minister is satisfied that all of the greenhouse gas substance injected into the identified greenhouse gas storage formation or formations concerned will be obtained as a by - product of petroleum recovery operations carried on under the petroleum production licence; or

  (ii)   the responsible Commonwealth Minister is satisfied that some or all of the greenhouse gas substance injected into the identified greenhouse gas storage formation or formations concerned will be obtained as a by - product of petroleum recovery operations carried on under any petroleum production licence, and that the grant of the greenhouse gas injection licence is in the public interest; and

  (d)   if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

  (i)   an existing post - commencement petroleum exploration permit; or

  (ii)   an existing post - commencement petroleum retention lease (other than a petroleum retention lease granted under section   150); or

  (iii)   a future post - commencement petroleum production licence over the block or any of the blocks to which an existing post - commencement petroleum exploration permit, or an existing post - commencement petroleum retention lease (other than a petroleum retention lease granted under section   150), relates;

    the responsible Commonwealth Minister is satisfied that:

  (iv)   the grant of the greenhouse gas injection licence is in the public interest; or

  (v)   the registered holder of the petroleum exploration permit or petroleum retention lease, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence to the applicant; and

  (e)   if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under an existing pre - commencement petroleum title--the responsible Commonwealth Minister is satisfied that the registered holder of the pre - commencement petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence to the applicant; and

  (f)   if:

  (i)   the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre - commencement petroleum title over a block or blocks; and

  (ii)   a petroleum exploration permit, petroleum retention lease or petroleum production licence is in force over the block or any of the blocks;

    the responsible Commonwealth Minister is satisfied that the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence covered by subparagraph   (ii) has agreed, in writing, to the grant of the greenhouse gas injection licence; and

  (g)   if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on:

  (i)   petroleum explorations operations; or

  (ii)   petroleum recovery operations;

    that are being, or could be, carried on under an existing petroleum production licence held by a person other than the applicant--the responsible Commonwealth Minister is satisfied that the registered holder of the petroleum production licence has agreed, in writing, to the grant of the greenhouse gas injection licence to the applicant; and

  (h)   the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:

  (i)   carry out the operations and works that will be authorised by the licence; and

  (ii)   discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and

  (i)   the responsible Commonwealth Minister is satisfied that the draft site plan that accompanied the application satisfies the criteria specified in the regulations; and

  (j)   the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;

the responsible Commonwealth Minister may give the applicant a written notice (called an offer document ) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas injection licence over the block or blocks specified in the application, on the basis that the matters to be specified in the greenhouse gas injection licence as mentioned in paragraphs 358(3)(d) to (k) will be in accordance with the application.



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