GREENHOUSE GAS STORAGE ACT 2009

Queensland Consolidated Acts

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- As at 21 November 2022
- Act 3 of 2009

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

1. Short title
2. Commencement

PART 2 - PURPOSES AND APPLICATION OF ACT

3. Purposes of Act and their achievement
4. Facilitation of Act by Petroleum and Gas (Production and Safety) Act 2004
5. Act binds all persons
6. Application of Act to coastal waters of the State
7. Relationship with Nature Conservation Act 1992
8. Relationship with Geothermal Act and principal mining and petroleum Acts
8AA. Relationship with Common Provisions Act
8A. Declaration for Commonwealth Act
9. Act does not affect other rights or remedies
10. (Repealed)

PART 3 - INTERPRETATION

Division 1 - Dictionary

11. Definitions

Division 2 - Key definitions

12. What is a GHG stream
13. What is a GHG stream storage site
14. What is GHG stream storage
15. What is GHG storage exploration
16. What is GHG storage injection testing
17. What is a GHG stream pipeline
18. Types of authority under Act
19. Who is an eligible person
20. What are the conditions of a GHG authority
21. What are the provisions of a GHG authority
22. What is an authorised activity for a GHG authority
23. What is a GHG storage activity
24. What is a work program for a GHG permit
25. What is a development plan for a GHG lease
26. (Repealed)
26A. What is a resource Act

PART 4 - STATE OWNERSHIP OF GHG STORAGE RESERVOIRS

27. GHG storage reservoirs the property of the State
28. Reservation in land grants

CHAPTER 2 - GHG EXPLORATION PERMITS
Notes—

PART 1 - KEY AUTHORISED ACTIVITIES

29. Operation of pt 1
30. Principal authorised activities
31. Incidental activities

PART 2 - OBTAINING GHG PERMITS

Division 1 - Preliminary

32. Operation of pt 2

Division 2 - Competitive tenders

33. Call for tenders
34. Right to tender
35. Requirements for making tender
35A. Rejection of tender if tenderer disqualified
36. (Repealed)
37. Right to terminate call for tenders

Division 3 - Deciding tenders

38. Process for deciding tenders
39. Provisions for preferred tenderers
40. Deciding whether to grant GHG permit
41. Provisions of GHG permit
42. Criteria for decisions
43. Notice to unsuccessful tenderers

PART 3 - AREA PROVISIONS

44. Area of GHG permit
45. References to sub-blocks of GHG permit
46. Minister’s power to decide excluded land
47. Minister may add excluded land
48. Area of GHG permit reduced on grant of GHG lease
49. Effect of ending of declaration of potential storage area

PART 4 - WORK PROGRAMS

Division 1 - Function and purpose

50. Function and purpose

Division 2 - Requirements for proposed initial work programs

51. Operation of div 2
52. Program period
53. General requirements
54. Water issues

Division 3 - Approval of proposed initial work programs
Note—

55. Criteria
56. Verification may be required
57. Referral to Water Act Minister

Division 4 - Requirements for proposed later work programs

58. Operation of div 4
59. General requirements
60. Program period
61. Implementation of evaluation program for potential storage area

Division 5 - Approval of proposed later work programs

62. Application of div 5
63. GHG permit taken to have work program until decision on whether to approve proposed work program
64. Deciding whether to approve proposed program
65. Steps after, and taking effect of, decision

Division 6 - Amending work programs

66. Restrictions on amending work program
67. Applying for approval to amend
68. Requirements for making application
69. Deciding application
70. Steps after, and taking effect of, decision

PART 5 - KEY MANDATORY CONDITIONS

Division 1 - Preliminary

71. Operation of pt 5

Division 2 - Standard relinquishment condition and related provisions

72. Standard relinquishment condition
73. Consequence of failure to comply with relinquishment condition
74. Part usually required to be relinquished
75. Sub-blocks that can not be counted towards relinquishment
76. Adjustments for sub-blocks that can not be counted
77. Adjustment for particular potential storage areas
78. Relinquishment must be by blocks
79. Ending of GHG permit if all of its area relinquished

Division 3 - Other mandatory conditions

80. Compliance with test plan for GHG storage injection testing
81. Restriction on substances that may be used for GHG storage injection testing
82. Restriction on substances that may be used for GHG stream storage
83. Restriction on GHG streams that may be used
84. Water Act authorisation required for taking or interference with water
85. Obligation to consult with particular owners and occupiers
86. Annual rent
87. Civil penalty for non-payment of annual rent
88. Requirement to have work program
89. Compliance with GHG storage exploration activities in work program
90. Penalty relinquishment if work program not finished within extended period
91. Obligation to give proposed later work program
92. Consequence of failure to comply with notice to give proposed later work program
92A. Power to impose or amend condition if changed holder of GHG permit

PART 6 - RENEWALS

93. Conditions for renewal application
94. Requirements for making application
95. Continuing effect of GHG permit for renewal application
96. Deciding application
97. Provisions and term of renewed GHG permit
98. Criteria for decisions
99. Information notice about refusal
100. When refusal takes effect

PART 7 - POTENTIAL STORAGE AREAS

101. Applying for potential storage area
102. Deciding potential storage area application
103. Inclusion of evaluation program in work program
104. Term of declaration
105. Potential storage area still part of GHG permit

PART 8 - PROVISIONS TO FACILITATE TRANSITION TO GHG LEASE

106. Application of pt 8
107. Ministerial direction to apply for GHG lease
108. Taking proposed action

CHAPTER 3 - GHG INJECTION AND STORAGE LEASES
Notes—

PART 1 - KEY AUTHORISED ACTIVITIES

109. Operation of pt 1
110. Principal authorised activities
111. GHG stream pipeline and water pipeline construction and operation
112. Incidental activities

PART 2 - TRANSITION FROM GHG PERMIT TO GHG LEASE

Division 1 - Applying for GHG lease

113. Who may apply
114. Requirements for making permit-related application
115. Rejection of permit-related application if applicant disqualified
116. Continuing effect of GHG permit for permit-related application

Division 2 - Deciding permit-related applications

117. Deciding whether to grant GHG lease
118. Requirements for grant
119. Exception for particular relevant arrangements
120. Provisions of GHG lease
121. Provisions about grant and conditions of GHG lease for coordinated project
122. Information notice about refusal
123. When refusal takes effect

PART 3 - OBTAINING GHG LEASE BY COMPETITIVE TENDER

Division 1 - Preliminary

124. Operation of pt 3

Division 2 - Calls for tenders

125. Call for tenders
126. Right to tender
126A. Rejection of tender if tenderer disqualified
127. Right to terminate call for tenders

Division 3 - Deciding tenders

128. Process for deciding tenders
129. Provisions for preferred tenderers
130. Deciding whether to grant GHG lease
131. Provisions of GHG lease
132. Criteria for decisions
133. Notice to unsuccessful tenderers

PART 4 - TERM AND AREA PROVISIONS

134. Term of GHG lease
135. Area of GHG lease
136. References to sub-blocks of GHG lease
137. Minister’s power to decide excluded land
138. Minister may add excluded land

PART 5 - DEVELOPMENT PLANS

Division 1 - Function and purpose

139. Function and purpose

Division 2 - Requirements for proposed initial development plans

140. Operation of div 2
141. General requirements
142. Site plan
143. Petroleum wells to be assumed
144. Water issues
145. Monitoring and verification plan
146. Plan period

Division 3 - Approval of proposed initial development plans
Note—

147. Criteria for decision
148. Verification may be required
149. Referral to Water Act Minister

Division 4 - Requirements for proposed later development plans

150. Operation of div 4
151. General requirements

Division 5 - Approval of proposed later development plans

152. Application of div 5
153. GHG lease taken to have development plan until decision on whether to approve proposed development plan
154. Deciding whether to approve proposed plan
155. Steps after, and taking effect of, decision

Division 6 - Amending development plans

156. Restrictions on amendment
157. Applying for approval to amend
158. Deciding application
159. Steps after, and taking effect of, decision

PART 6 - KEY MANDATORY CONDITIONS FOR GHG LEASES

160. Operation of pt 6
161. Compliance with test plan for GHG storage injection testing
162. Restriction on substances that may be used for GHG storage injection testing
163. Restriction on substances that may be used for GHG stream storage
164. Restriction on GHG streams that may be used
165. Water Act authorisation required for taking or interference with water
166. Obligation to consult with particular owners and occupiers
167. Obligation to commence GHG stream storage
168. Annual rent
169. Civil penalty for non-payment of annual rent
170. Requirement to have development plan
171. Compliance with development plan
172. Obligation to give proposed later development plan
173. Consequence of failure to comply with notice to give proposed later development plan
173A. Power to impose or amend condition if changed holder of GHG lease

PART 7 - SURRENDERS

174. When surrender is permitted
175. Part of GHG lease area can not be surrendered
176. Timing of surrender application
177. Requirements for making surrender application
178. Minister may require further report or work for surrender of GHG lease
179. Deciding application
180. Notice and taking effect of decision
181. Responsibility for injected GHG streams after decommissioning

CHAPTER 4 - COORDINATION WITH PARTICULAR AUTHORITIES UNDER OTHER RESOURCE ACTS

PART 1 - PRELIMINARY

182. Relationship with chs 2, 3 and 5
183. What is an overlapping resource authority
184. What is an exploration authority (non-GHG)
185. Relationship with other resource Acts and overlapping resource authorities

PART 2 - COORDINATION ARRANGEMENTS FOR GHG LEASES

186. GHG coordination arrangements that may be made
187. Other provisions about and effect of GHG coordination arrangement
188. Applying for ministerial approval of proposed GHG coordination arrangement
189. Ministerial approval of proposed GHG coordination arrangement
190. Approval does not confer right to surrender or renew
191. Grant of pipeline licence
192. Amendment or cancellation by parties to arrangement
193. Minister’s power to cancel arrangement
194. Cancellation does not affect relevant leases

PART 3 - OBTAINING GHG LEASE IF OVERLAPPING AUTHORITY

Division 1 - Preliminary

195. Application of pt 3

Division 2 - Requirements for application

196. Requirements for making application
197. Content requirements for GHG statement

Division 3 - Consultation provisions

198. Applicant’s information obligation
199. Submissions by overlapping resource authority holder

Division 4 - Resource management decision

200. Application of div 4
201. Resource management decision
202. Criteria for decision
203. Restrictions on giving overlapping authority priority

Division 5 - Process if resource management decision is to give overlapping authority priority

204. Application of div 5
205. Notice to applicant and overlapping authority holder
206. Relevant lease application for all of the land
207. Relevant lease application for part of the land
208. No relevant lease application

Division 6 - Resource management decision not to grant and not to give priority

209. Lapsing of application

Division 7 - Deciding application

210. Application of div 7
211. Application may be refused if no reasonable prospects of GHG coordination arrangement
212. Additional criteria for deciding provisions of GHG lease
213. Publication of outcome of application

PART 4 - PRIORITY TO PARTICULAR LEASE APPLICATIONS

214. Earlier geothermal, mining or petroleum lease application
215. Proposed geothermal, mining or petroleum lease for which EIS approval given
216. Proposed geothermal, mining or petroleum lease declared a coordinated project

PART 5 - GHG LEASE APPLICATIONS IN RESPONSE TO INVITATION UNDER RESOURCE ACT

217. Application of pt 5
218. Additional ground for refusing application

PART 6 - ADDITIONAL PROVISIONS FOR GHG AUTHORITIES

Division 1 - Restrictions on authorised activities other than for GHG leases

219. Overlapping geothermal, mining or petroleum lease
220. Overlapping exploration authority (non-GHG)
221. Resolving disputes

Division 2 - Additional conditions

222. Notice of grant by particular GHG authority holders
223. Condition to notify particular other authority holders of proposed start of particular authorised activities
224. Continuance of GHG coordination arrangement after transfer

Division 3 - Restriction on Minister’s power to amend GHG lease if overlapping authority

225. Interests of overlapping authority holder to be considered

PART 7 - ADDITIONAL PROVISIONS FOR DEVELOPMENT PLANS IF OVERLAPPING AUTHORITY

226. Operation of pt 7
227. Statement about interests of overlapping authority holder
228. Consistency with overlapping resource authority’s development plan and with any relevant coordination arrangement
229. Additional criteria for approval

PART 8 - ADDITIONAL PROVISIONS FOR SAFETY MANAGEMENT PLANS

230. Grant of GHG lease does not affect obligation to make plan
231. Requirements for consultation with particular overlapping resource authority holders
232. Application of P&G Act provisions for resolving disputes about reasonableness of proposed provision

CHAPTER 5 - GENERAL PROVISIONS FOR GHG AUTHORITIES

PART 1 - GHG INJECTION AND STORAGE DATA ACQUISITION AUTHORITIES

Division 1 - Obtaining authority

233. Who may apply for GHG data acquisition authority
234. Requirements for making application
235. Deciding application
236. Provisions of authority
237. Notice of refusal

Division 2 - Provisions for GHG data acquisition authorities

238. Key authorised activities
239. Additional condition of relevant GHG tenure
240. Authority holder is the relevant GHG tenure holder from time to time
241. Authority ends if relevant GHG tenure ends
242. Relationship with subsequent GHG tenure
243. Annual rent
244. End of authority report for GHG data acquisition authority

PART 2 - GHG STORAGE VIABILITY ASSESSMENT

245. Minister’s power to require GHG storage viability report
246. Required content of GHG storage viability report
247. Minister’s power to obtain independent viability assessment
248. Costs of independent viability assessment

PART 3 - OWNERSHIP AND DECOMMISSIONING OF GHG STREAM PIPELINES

249. Application of pt 3
250. General provision about ownership while tenure is in force for pipeline
251. Ownership afterwards
252. Obligation to decommission pipelines on cessation or reduction of tenure

PART 4 - REPORTING AND INFORMATION PROVISIONS

Division 1 - General reporting provisions

253. Requirement of GHG tenure holder to report outcome of GHG storage injection testing
254. Monitoring reports by GHG lease holder
255. Relinquishment report by GHG permit holder
256. End of tenure report
257. Power to require information or reports about authorised activities to be kept or given

Division 2 - Records and samples

258. Requirement to keep records and samples
259. Requirement to give records and samples

Division 3 - Releasing required information

260. Meaning of required information
261. Public release of required information
262. Chief executive may use required information

PART 5 - GENERAL PROVISIONS FOR WELLS

Division 1 - Responsibility for wells

263. Former petroleum wells assumed by GHG tenure holder
264. Requirements for drilling GHG well

Division 2 - Decommissioning of wells

265. Application of div 2
266. Restriction on decommissioning well
267. Obligation to decommission
268. Right of entry to facilitate decommissioning for GHG permit
269. Responsibility for well after decommissioning

PART 6 - SECURITY

270. Operation and purpose of pt 6
271. Power to require security for GHG authority
272. Minister’s power to require additional security
273. Interest on security
274. Power to use security
275. Replenishment of security
276. Security not affected by change in authority holder
277. Retention of security after GHG authority ends

PART 7 - (Repealed)

PART 8 - (Repealed)

PART 9 - (Repealed)

PART 10 - (Repealed)

PART 11 - OWNERSHIP OF EQUIPMENT AND IMPROVEMENTS

326. Application of pt 11
327. Ownership of equipment and improvements

PART 12 - GENERAL PROVISIONS FOR CONDITIONS AND AUTHORISED ACTIVITIES

Division 1 - Other mandatory conditions for all GHG authorities

328. Operation of div 1
329. Compliance with land access code
330. (Repealed)
331. Obligation to comply with Act and prescribed standards
332. Obligation to survey if Minister requires
333. Notice of petroleum discovery

Division 2 - General provisions for when authority ends or area reduced

334. Obligation to remove equipment and improvements
335. Authorisation to enter to facilitate compliance

Division 3 - Provisions for authorised activities

336. Authorised activities may be carried out despite rights of owner or occupier
337. General restrictions on right to carry out authorised activity
338. Who may carry out authorised activity for GHG authority holder
338A. Limitation of owner’s or occupier’s tortious liability for authorised activities

PART 13 - (Repealed)

PART 14 - (Repealed)

PART 14A - (Repealed)

PART 14B - (Repealed)

PART 15 - ENFORCEMENT OF END OF AUTHORITY AND AREA REDUCTION OBLIGATIONS

356. Power of authorised person to ensure compliance
357. Requirements for entry to ensure compliance
358. Duty to avoid damage in exercising remedial powers
359. Notice of damage because of exercise of remedial powers
360. Compensation for exercise of remedial powers
361. Ownership of thing removed in exercise of remedial powers
362. Recovery of costs of and compensation for exercise of remedial power

PART 16 - DEALING WITH SERIOUS SITUATIONS

363. What is a serious situation
364. Minister’s power to give direction
365. Requirements for giving serious situation direction
366. Failure to comply with serious situation direction
367. Serious situation direction applies despite other instruments
368. Powers under P&G Act not affected

PART 17 - MISCELLANEOUS PROVISIONS

369. GHG authority does not create an interest in land
369A. Extinguishing GHG interests on the taking of land in a GHG authority’s area (other than by an easement)
369B. Effect of extinguishment of GHG interests on the taking of land in a GHG authority’s area (other than by taking an easement)
369C. Applications relating to land taken under a resumption law for which GHG interests were extinguished
369D. Compensation for effect of taking of land in a GHG authority’s area on GHG interests
370. Joint holders of a GHG authority
371. Minister’s power to ensure compliance by GHG authority holder
372. Interest on amounts owing to the State
373. Recovery of unpaid amounts
374. Power to correct or amend authority
375. (Repealed)
376. Joint and several liability for conditions and for debts to State
377. Notice of authority holder’s agents

CHAPTER 6 - INVESTIGATIONS AND ENFORCEMENT

PART 1A - (Repealed)

PART 1 - NONCOMPLIANCE ACTION FOR GHG AUTHORITIES

Division 1 - Preliminary

378. Operation of div 1

Division 2 - Noncompliance action by Minister

379. Types of noncompliance action that may be taken
380. When noncompliance action may be taken

Division 3 - Procedure for noncompliance action

381. Notice of proposed noncompliance action
382. Considering submissions
383. Decision on proposed noncompliance action
384. Notice and taking effect of decision
385. Consequence of failure to comply with relinquishment requirement

PART 2 - GENERAL OFFENCES

Division 1 - Restrictions relating to GHG storage activities

386. Restriction on GHG storage activities
387. GHG tenure holder’s measurement obligations
388. Duty to avoid interference in carrying out GHG storage activities

Division 2 - Interference with authorised activities

389. Obstruction of GHG authority holder
390. Restriction on building on pipeline land for GHG tenure
391. Restriction on changing surface of pipeline land for a GHG tenure

Division 3 - Other offences

392. False or misleading information
393. Liability of executive officer—offence committed by corporation against s 386(1)
393A. Executive officer may be taken to have committed offence
394. Attempts to commit offences

PART 3 - APPEALS

395. Who may appeal
396. Period to appeal
397. Starting appeal
398. Stay of operation of decision
399. Hearing procedures
400. Land Court’s powers on appeal
401. Restriction on Land Court’s powers for decision not to grant GHG lease
402. (Repealed)

PART 4 - EVIDENCE AND LEGAL PROCEEDINGS

Division 1 - Evidentiary provisions

403. Application of div 1
404. Authority
405. Signatures
406. Other evidentiary aids

Division 2 - Offence proceedings

407. Offences under Act are summary
408. Statement of complainant’s knowledge
409. Conduct of representatives
410. Additional orders that may be made on conviction

CHAPTER 7 - MISCELLANEOUS PROVISIONS

PART 1 - APPLICATIONS, LODGING DOCUMENTS AND MAKING SUBMISSIONS

411. Place or way for making applications, lodging documents or making submissions
412. Requirements for making an application
413. Request to applicant about application
413A. Refusing application for failure to comply with request
413B. Notice to progress GHG authority or renewal application
414. Particular criteria generally not exhaustive
415. Particular grounds for refusal generally not exhaustive
416. Amending applications
417. Withdrawal of application
418. Minister’s power to refund application fee

PART 2 - OTHER MISCELLANEOUS PROVISIONS

419. General public interest criteria for ministerial decisions
420. Provision for entry by State to carry out GHG storage activity
421. Name and address for service
422. Additional information about reports and other matters
423. References to right to enter
424. Application of provisions
425. Protection from liability for particular persons
426. Delegation by Minister or chief executive
427. (Repealed)
428. Approved forms
429. Regulation-making power

CHAPTER 8 - TRANSITIONAL PROVISIONS

PART 1 - TRANSITIONAL PROVISIONS FOR ACT NO. 3 OF 2009

430. Definitions for pt 1
431. Conversion of Zerogen’s P&G Act ATPs
432. New GHG permit for Zerogen
432A. Correction of new GHG permit for Zerogen
433. Authorised activities under Zerogen GHG permits may start from assent
434. Deciding provisions of new GHG permit
435. Test plan for new GHG permit
436. Functions under part may be performed before assent

PART 2 - TRANSITIONAL PROVISIONS FOR AMENDMENTS UNDER GEOTHERMAL ENERGY ACT 2010

437. Land access code prevails over conditions
438. Existing compensation agreements other than for notifiable road uses
439. Existing entry notices
440. References to geothermal tenure

PART 3 - TRANSITIONAL PROVISIONS FOR MINES LEGISLATION (STREAMLINING) AMENDMENT ACT 2012

Division 1 - Preliminary

441. Definitions for pt 3

Division 2 - Transitional provisions for amendments in amending Act commencing on assent

442. Land in a GHG authority’s area taken before the commencement
443. Land in a GHG authority’s area for which notice of intention to resume given before the commencement

Division 3 - Transitional provisions for amendments in amending Act commencing by proclamation

444. Undecided applications for approval of particular dealing
445. Deciding applications for approval of assessable transfers until commencement of particular provisions
446. Uncommenced appeals about refusal to approve particular dealing
447. Unfinished appeals about refusal to approve particular dealing

PART 4 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014

448. Continued appeal right for particular decisions
449. Existing practice manuals

PART 5 - TRANSITIONAL PROVISIONS FOR MINERAL AND ENERGY RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2020

450. Power to impose or amend condition if changed holder of GHG permit or GHG lease
451. Conferences with eligible claimants or owners or occupiers started before commencement

PART 6 - TRANSITIONAL PROVISION FOR COAL MINING SAFETY AND HEALTH AND OTHER LEGISLATION AMENDMENT ACT 2022

452. Application of new s 379 to noncompliance action
SCHEDULE 1
SCHEDULE 2

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