Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if:
(a) an identified greenhouse gas storage formation is specified in a greenhouse gas injection licence; and
(b) operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation have been carried on under the licence; and
(c) the responsible Commonwealth Minister is satisfied that operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation have ceased; and
(d) any of the following conditions is satisfied:
(i) an application has been made for a site closing certificate in relation to the identified greenhouse gas storage formation;
(ii) the licensee has breached the requirement imposed by subsection 386(4) to make an application for a site closing certificate in relation to the identified greenhouse gas storage formation;
(iii) the licensee has breached a direction under subsection 386(9) to make an application for a site closing certificate in relation to the identified greenhouse gas storage formation.
Direction to registered holder
(2) The responsible Commonwealth Minister may, by written notice given to the registered holder of the licence, direct the holder to do any or all of the following things within the period specified in the notice:
(a) to:
(i) remove, or cause to be removed, from the licence area all property brought into that area by any person engaged or concerned in the operations authorised by the licence; or
(ii) make arrangements that are satisfactory to the responsible Commonwealth Minister in relation to that property;
(b) to plug or close off, to the satisfaction of the responsible Commonwealth Minister, all wells made in the licence area, whether or not those wells were made by a person engaged or concerned in those operations;
(c) to provide, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the licence area;
(d) to make good, to the satisfaction of the responsible Commonwealth Minister, any damage to the seabed or subsoil in the licence area (whether or not caused by any person engaged or concerned in those operations);
(e) to carry out such operations as are specified in the notice for the monitoring of the behaviour of a greenhouse gas substance stored in the identified greenhouse gas storage formation concerned;
(f) to undertake such activities as are specified in the notice for the purpose of:
(i) eliminating; or
(ii) mitigating; or
(iii) managing; or
(iv) remediating;
the risk that a greenhouse gas substance injected into the identified greenhouse gas storage formation will have a significant adverse impact on:
(v) navigation; or
(vi) fishing; or
(vii) any activities being lawfully carried on, or that could be lawfully carried on, by way of the construction or operation of a pipeline; or
(viii) the enjoyment of native title rights (within the meaning of the Native Title Act 1993 ); or
(ix) the conservation or exploitation of natural resources (whether in an offshore area or elsewhere); or
(x) the geotechnical integrity of the whole or a part of a geological formation or geological structure; or
(xi) the environment; or
(xii) human health or safety;
(g) to undertake such activities as are specified in the notice for the purpose of:
(i) ensuring; or
(ii) increasing the likelihood;
that a greenhouse gas substance injected into the identified greenhouse gas storage formation will behave as predicted in Part A of the approved site plan for the identified greenhouse gas storage formation.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(3) The period specified in the notice must be reasonable.
(4) Paragraph (2)(c) has effect subject to:
(a) Chapter 3; and
(b) this Chapter; and
(c) the regulations.
(5) Paragraphs (2)(a), (b), (c), (d) and (e) do not limit paragraph (2)(f) or (g).
(6) In attaining a state of satisfaction for the purposes of paragraph (2)(b), 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.
(7) A paragraph (2)(f) or (g) direction may require the registered holder of the licence to do something:
(a) in the licence area; or
(b) in an offshore area but outside the licence area.
Offence
(8) A person commits an offence if:
(a) the person is subject to a direction under subsection (2); and
(b) the person omits to do an act; and
(c) the omission breaches the direction.
(8A) An offence against subsection (8) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
Section does not limit other powers
(9) To avoid doubt, the powers conferred on the responsible Commonwealth Minister by this section do not limit the powers conferred on the responsible Commonwealth Minister by any other provision of this Act.