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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 380

Powers of responsible Commonwealth Minister to deal with serious situations

  (1)   If the responsible Commonwealth Minister is satisfied that a serious situation exists in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, the responsible Commonwealth Minister may, by written notice given to the licensee, direct the licensee:

  (a)   to take all reasonable steps to ensure that operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation are carried on in a manner specified in the direction; or

  (b)   to take all reasonable steps to ensure that operations for the storage of a greenhouse gas substance in the identified greenhouse gas storage formation are carried on in a manner specified in the direction; or

  (c)   to cease or suspend the injection of a greenhouse gas substance at a site or sites specified in the direction; or

  (d)   to inject a greenhouse gas substance into the identified greenhouse gas storage formation at a site or sites specified in the direction; or

  (e)   to cease or suspend operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation; or

  (f)   to undertake such activities as are specified in the direction for the purpose of:

  (i)   eliminating; or

  (ii)   mitigating; or

  (iii)   managing; or

  (iv)   remediating;

    the serious situation; or

  (g)   to take such action as is specified in the direction; or

  (h)   not to take such action as is specified in the direction.

  (2)   A direction under this section may require the licensee to do something:

  (a)   in the licence area; or

  (b)   in an offshore area but outside the licence area.

  (3)   Paragraphs   (1)(a) to (f) do not limit paragraph   (1)(g).

  (4)   Paragraphs   (1)(a) to (f) do not limit paragraph   (1)(h).

  (5)   A direction under this section has effect, and must be complied with, despite:

  (a)   any previous direction under this section; and

  (b)   anything in the regulations or the applied provisions.

  (6)   A direction under this section prevails over:

  (a)   anything in an approved site plan for the identified greenhouse gas storage formation; or

  (b)   anything specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k);

to the extent of any inconsistency.

  (7)   A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.

  (8)   To avoid doubt, subsection   (7) applies to an instrument, whether issued or made in Australia or outside Australia.

  (9)   A direction under this section may prohibit the doing of an act or thing:

  (a)   unconditionally; or

  (b)   subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.

  (10)   A direction under this section is not a legislative instrument.

  (11)   If:

  (a)   a direction under this section is in force in relation to a greenhouse gas injection licence; and

  (b)   apart from subsection   (6), the direction would be inconsistent with a matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k);

the responsible Commonwealth Minister may, by written notice given to the licensee, vary the matter for the purposes of removing that inconsistency.

  (12)   A variation of a matter under subsection   (11) takes effect on the day on which notice of the variation is published in the Gazette .

Note:   For publication in the Gazette of notice of the variation, see section   734.

  (13)   The regulations may provide that, if:

  (a)   a direction under this section is in force in relation to a greenhouse gas injection licence; and

  (b)   apart from subsection   (6), the direction would be inconsistent with anything in an approved site plan for the identified greenhouse gas storage formation;

then:

  (c)   the licensee must, within the period ascertained in accordance with the regulations:

  (i)   prepare a draft variation of the approved site plan for the purposes of removing that inconsistency; and

  (ii)   give the draft variation to the responsible Commonwealth Minister; and

  (d)   the responsible Commonwealth Minister must, by written notice given to the licensee:

  (i)   approve the variation; or

  (ii)   refuse to approve the variation; and

  (e)   if the responsible Commonwealth Minister approves the variation--the approved site plan is varied accordingly.

  (14)   If an approved site plan is varied, a reference in this Act to the approved site plan is a reference to the approved site plan as varied.


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