Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 442

Scope

  (1)   This section applies if an application is made under section   441 for a consent.

Decision

  (2)   The responsible Commonwealth Minister may, by written notice given to the applicant:

  (a)   give consent; or

  (b)   refuse to consent.

Criteria

  (3)   The responsible Commonwealth Minister may consent to the surrender sought by the application only if:

  (a)   the registered holder of the permit, lease or licence has paid all fees and amounts payable by the holder under the following:

  (i)   this Act;

  (ii)   section   10E of the Regulatory Levies Act;

    or has made arrangements that are satisfactory to the responsible Commonwealth Minister for the payment of those fees and amounts; and

  (b)   the registered holder of the permit, lease or licence has complied with the conditions to which the permit, lease or licence is subject and with the provisions of:

  (i)   this Chapter; and

  (ii)   Chapter   5; and

  (iia)   Chapter   5A; and

  (iii)   Chapter   6; and

  (iv)   Part   8.1; and

  (v)   the regulations; and

  (c)   the registered holder of the permit, lease or licence has:

  (i)   to the satisfaction of the responsible Commonwealth Minister, removed or caused to be removed from the surrender area (defined by subsection   (9)) all property brought into the surrender area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or

  (ii)   made arrangements that are satisfactory to the responsible Commonwealth Minister in relation to that property; and

  (d)   the registered holder of the permit, lease or licence has, to the satisfaction of the responsible Commonwealth Minister, plugged or closed off all wells made in the surrender area by any person engaged or concerned in the operations authorised by the permit, lease or licence; and

  (e)   the registered holder of the permit, lease or licence has provided, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the surrender area; and

  (f)   the registered holder of the permit, lease or licence has, to the satisfaction of the responsible Commonwealth Minister, made good any damage to the seabed or subsoil in the surrender area caused by any person engaged or concerned in the operations authorised by the permit, lease or licence; and

  (g)   in the case of an application for consent to surrender a greenhouse gas injection licence as to all of the blocks in relation to which the licence is in force--a site closing certificate is in force in relation to each identified greenhouse gas storage formation specified in the licence; and

  (h)   in the case of an application for consent to surrender a greenhouse gas injection licence as to some of the blocks in relation to which the licence is in force--a site closing certificate is in force in relation to each identified greenhouse gas storage formation that:

  (i)   is specified in the licence; and

  (ii)   extends to those blocks.

Note:   See also paragraph   646(gp) (NOPSEMA's advisory function).

  (4)   If:

  (a)   the registered holder has complied with the requirements mentioned in paragraphs   (3)(a) to (f); and

  (b)   in the case of an application for consent to surrender a greenhouse gas injection licence as to all of the blocks in relation to which the licence is in force--the requirement mentioned in paragraph   (3)(g) has been met; and

  (c)   in the case of an application for consent to surrender a greenhouse gas injection licence as to some of the blocks in relation to which the licence is in force--the requirement mentioned in paragraph   (3)(h) has been met;

the responsible Commonwealth Minister must not unreasonably refuse consent to the surrender.

  (5)   Paragraph   (3)(e) has effect subject to:

  (a)   this Chapter; and

  (b)   Chapter   6; and

  (c)   the regulations.

  (6)   In attaining a state of satisfaction for the purposes of paragraph   (3)(d), the responsible Commonwealth Minister must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum - bearing qualities of geological formations.

Sufficient grounds

  (7)   Despite subsection   (3), if:

  (a)   any of:

  (i)   the conditions to which the permit, lease or licence is subject; or

  (ii)   the provisions of this Chapter, Chapter   5, Chapter   5A, Chapter   6 and Part   8.1; or

  (iii)   the provisions of the regulations;

    have not been complied with; and

  (b)   the responsible Commonwealth Minister is satisfied that there are sufficient grounds to warrant the giving of consent to the surrender sought by the application;

the responsible Commonwealth Minister may give consent under subsection   (2) to the surrender sought by the application.

  (7A)   Before consenting, or refusing to consent, to the surrender of:

  (a)   a cross - boundary greenhouse gas assessment permit; or

  (b)   a cross - boundary greenhouse gas holding lease; or

  (c)   a cross - boundary greenhouse gas injection licence;

on the basis set out in subsection   (7), the responsible Commonwealth Minister must consult:

  (d)   if a part of the permit area, lease area or licence area, as the case may be, is located in the coastal waters of a State--the responsible State Minister of the State; or

  (e)   if a part of the permit area, lease area or licence area, as the case may be, is located in the coastal waters of the Northern Territory--the responsible Northern Territory Minister.

Work - bid greenhouse gas assessment permit--compliance with work condition

  (8)   For the purposes of this section, if:

  (a)   the application for consent relates to a work - bid greenhouse gas assessment permit; and

  (b)   a condition of the permit requires the registered holder to carry out specified work during a period specified in the permit; and

  (c)   the application is made during such a period;

the registered holder of the permit is taken not to have complied with the condition unless the holder has completed the work specified for the period mentioned in paragraph   (c).

Surrender area

  (9)   For the purposes of this section, the surrender area is worked out using the table: