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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 570

Work practices

  (1)   The table has effect:

 

Work practices

Item

This person...

must...

1

the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence or petroleum production licence

(a) carry out all:

(i) operations relating to the exploration for potential greenhouse gas storage formations; or

(ii) operations relating to the exploration for potential greenhouse gas injection sites;

  in the permit area, lease area or licence area in a proper and workmanlike manner; and

(b) carry out all:

(i) operations relating to the injection of a greenhouse gas substance into a part of a geological formation; or

(ii) operations relating to the storage of a greenhouse gas substance in a part of a geological formation;

  in the permit area, lease area or licence area in a proper and workmanlike manner.

2

the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence or petroleum production licence

(a) control the flow, and prevent the escape, in the permit area, lease area or licence area, of greenhouse gas substances; and

(b) control the flow, and prevent the waste or escape, in the permit area, lease area or licence area, of petroleum or water; and

(c) prevent the escape, in the permit area, lease area or licence area, of any mixture of water or drilling fluid with petroleum or any other matter; and

(d) prevent damage to petroleum - bearing strata, and potential greenhouse gas storage formations, in an area (whether in the offshore area or not) in relation to which the permit, lease or licence is not in force; and

(e) keep separate each petroleum pool discovered in the permit area, lease area or licence area; and

(f) keep separate such of the sources of water (if any) discovered in the permit area, lease area or licence area as the responsible Commonwealth Minister, by written notice given to the registered holder, directs; and

(g) prevent water, a greenhouse gas substance or any other matter entering any petroleum pool through wells in the permit area, lease area or licence area except when required by, and in accordance with, good oilfield practice.

3

the registered holder of a greenhouse gas special authority

carry out all:

(a) operations relating to the exploration for potential greenhouse gas storage formations; or

(b) operations relating to the exploration for potential greenhouse gas injection sites; or

(c) operations relating to the injection of a greenhouse gas substance into a potential greenhouse gas storage formation; or

(d) operations relating to the storage of a greenhouse gas substance in a potential greenhouse gas storage formation; or

(e) operations to carry out baseline investigations relating to the storage of a greenhouse gas substance in a potential greenhouse gas storage formation; or

(f) operations relating to the monitoring of the behaviour of a greenhouse gas substance stored in a potential greenhouse gas storage formation;

in the authority area in a proper and workmanlike manner.

4

the registered holder of a greenhouse gas search authority

carry out all:

(a) operations relating to the exploration for potential greenhouse gas storage formations; or

(b) operations relating to the exploration for potential greenhouse gas injection sites;

in the authority area in a proper and workmanlike manner.

5

the holder of a greenhouse gas research consent

carry out all:

(a) operations relating to the exploration for potential greenhouse gas storage formations; or

(b) operations relating to the exploration for potential greenhouse gas injection sites;

authorised by the consent in a proper and workmanlike manner.

  (2)   Paragraphs   (a) to (g) of item   2 of the table in subsection   (1) have effect subject to any authorisation given, or requirement made, by or under:

  (a)   this Act; or

  (b)   the regulations; or

  (c)   a direction under this Act.

  (3)   Paragraph   (b) of item   1 of the table in subsection   (1) does not limit paragraph   (a) of that item.

  (4)   Paragraphs   (a) to (g) of item   2 of the table in subsection   (1) do not limit paragraph   (a) of item   1 of the table.

Offence

  (5)   A person commits an offence if:

  (a)   the person is subject to a requirement under subsection   (1); and

  (b)   the person engages in conduct; and

  (c)   the person's conduct breaches the requirement.

Penalty:   100 penalty units.

  (5A)   An offence against subsection   (5) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .

Defence

  (6)   In:

  (a)   a prosecution for an offence against subsection   (5) in relation to a breach of a paragraph of an item of the table in subsection   (1); or

  (b)   an action arising out of a breach of a paragraph of an item of the table in subsection   (1);

it is a defence if the defendant proves that the defendant took all reasonable steps to comply with that paragraph.

Note:   In a prosecution for an offence, the defendant bears a legal burden in relation to the matter in subsection   (6)--see section   13.4 of the Criminal Code .

This section has effect subject to certain other provisions etc.

  (7)   This section has effect subject to:

  (a)   any other provision of this Act; and

  (b)   the regulations; and

  (c)   a direction given by NOPSEMA or the responsible Commonwealth Minister under:

  (i)   Chapter   3; or

  (ii)   this Chapter; and

  (d)   any other law.

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