Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A greenhouse gas injection licensee may apply to the responsible Commonwealth Minister for a site closing certificate in relation to a particular identified greenhouse gas storage formation specified in the licence.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
(2) An application under this section must be accompanied by:
(a) a written report that sets out:
(i) the applicant's modelling of the behaviour of the greenhouse gas substance injected into the identified greenhouse gas storage formation; and
(ii) information relevant to that modelling; and
(iii) the applicant's analysis of that information; and
(b) a written report that sets out the applicant's assessment of:
(i) the behaviour of the greenhouse gas substance injected into the identified greenhouse gas storage formation; and
(ii) the expected migration pathway or pathways of that greenhouse gas substance; and
(iii) the short - term consequences of the migration of that greenhouse gas substance; and
(iv) the long - term consequences of the migration of that greenhouse gas substance; and
(c) the applicant's suggestions for the approach to be taken by the Commonwealth, after the issue of the certificate, to the monitoring of the behaviour of a greenhouse gas substance stored in the identified greenhouse gas storage formation; and
(d) such other information (if any) as is specified in the regulations.
(2A) An application under this section is taken to be accompanied by the report referred to in paragraph (2)(a) if that report is given to the responsible Commonwealth Minister:
(a) if, as a result of the operation of this section, the application needs to be made within a particular period--before the end of that period; or
(b) in any other case--before the end of the 10 - day period that began on the day after the application was made.
(2B) An application under this section is taken to be accompanied by the report referred to in paragraph (2)(b) if that report is given to the responsible Commonwealth Minister:
(a) if, as a result of the operation of this section, the application needs to be made within a particular period--before the end of that period; or
(b) in any other case--before the end of the 10 - day period that began on the day after the application was made.
(2C) An application under this section is taken to be accompanied by the suggestions referred to in paragraph (2)(c) if those suggestions are given to the responsible Commonwealth Minister:
(a) if, as a result of the operation of this section, the application needs to be made within a particular period--before the end of that period; or
(b) in any other case--before the end of the 10 - day period that began on the day after the application was made.
(2D) If the regulations specify information for the purposes of paragraph (2)(d), an application under this section is taken to be accompanied by the information if the information is given to the responsible Commonwealth Minister:
(a) if, as a result of the operation of this section, the application needs to be made within a particular period--before the end of that period; or
(b) in any other case--before the end of the 10 - day period that began on the day after the application was made.
(3) Subsection (2) does not apply if there have not been any operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation.
Mandatory application--cessation of injection operations
(a) a greenhouse gas injection licence is in force; and
(b) operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation concerned have ceased;
the licensee must, within the application period, make an application under subsection (1) for a site closing certificate in relation to the identified greenhouse gas storage formation.
(5) The application period for an application referred to in subsection (4) is:
(a) the period of 30 days after the day on which the cessation referred to in paragraph (4)(b) occurred; or
(b) such longer period, not more than 90 days after that day, as the responsible Commonwealth Minister allows.
(6) The responsible Commonwealth Minister may allow a longer period under paragraph (5)(b) only on written application made by the licensee within the period of 30 days mentioned in paragraph (5)(a).
(7) A person commits an offence if:
(a) the person is subject to a requirement under subsection (4); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
(8) An offence against subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
Mandatory application--grounds for cancellation of licence
(a) a greenhouse gas injection licence is in force; and
(b) under Division 1 of Part 3.11, there is a ground for cancelling the licence;
the responsible Commonwealth Minister may, by written notice given to the licensee, direct the licensee:
(c) to make an application under subsection (1) for a site closing certificate in relation to each identified greenhouse gas storage formation specified in the licence; and
(d) to do so within the period specified in the notice.
(10) A period specified under paragraph (9)(d) must not be shorter than 30 days.
(11) A person commits an offence if:
(a) the person is given a direction under subsection (9); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
(12) An offence against subsection (11) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
Mandatory application--greenhouse gas injection licence tied to a petroleum retention lease or petroleum production licence
(a) a greenhouse gas injection licence is in force; and
(b) the greenhouse gas injection licence is tied to a petroleum retention lease or petroleum production licence; and
(c) the petroleum retention lease or petroleum production licence ceases to be in force as a result of being surrendered, cancelled, terminated or wholly revoked;
the licensee of the greenhouse gas injection licence must, within the application period, make an application under subsection (1) for a site closing certificate in relation to the identified greenhouse gas storage formation, or each of the identified greenhouse gas storage formations, specified in the greenhouse gas injection licence.
(14) The application period for an application referred to in subsection (13) is:
(a) the period of 30 days after the day on which the cessation referred to in paragraph (13)(c) occurred; or
(b) such longer period, not more than 90 days after that day, as the responsible Commonwealth Minister allows.
(15) The responsible Commonwealth Minister may allow a longer period under paragraph (14)(b) only on written application made by the licensee within the period of 30 days mentioned in paragraph (14)(a).
(16) A person commits an offence if:
(a) the person is subject to a requirement under subsection (13); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
(17) An offence against subsection (16) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code
.