Queensland Consolidated Acts

GREENHOUSE GAS STORAGE ACT 2009 - SECT 231

231 Requirements for consultation with particular overlapping resource authority holders

(1) This section applies if—

(a) a person (an
"operator" ) proposes to be an operator of operating plant under the P&G Act in the area of a GHG tenure; and

(b) the operating plant is used or is proposed to be used for GHG storage activities (
"relevant operating plant" ); and

(c) activities (
"relevant activities" ) carried out, or proposed to be carried out, at the plant may adversely affect the safe and efficient use of resources under an overlapping authority for the GHG tenure.

(2) Before any operator may operate relevant operating plant, each operator must have made reasonable attempts to consult with the overlapping authority holder about relevant activities for the plant.

(3) If there is more than 1 operator, the GHG tenure holder may coordinate the consultation between the operators and the overlapping authority holder.

(4) For subsection (2) , an operator is taken to have made reasonable attempts to consult if—

(a) the operator gives the overlapping authority holder a copy of the parts of the operator’s proposed safety management plan concerning any relevant operating plant the operator proposes to operate for the relevant activities; and

(b) the overlapping authority holder has not within 30 days after the giving of the copy made any proposal to the operator about provisions for the plan.

(5) An operator must before making or remaking a safety management plan for any relevant operating plant the operator operates or proposes to operate, have regard to any reasonable provisions for the plan proposed by the overlapping authority holder concerning relevant activities for the plant.

(6) However, the obligation under subsection (5) applies only to the extent the provisions are commercially and technically feasible for the operator or any relevant GHG tenure holder.

(7) If an operator makes a safety management plan for relevant operating plant that includes provisions proposed by the overlapping authority holder, the operator must—

(a) give the overlapping authority holder a copy; and

(b) give the chief inspector under the P&G Act a notice stating any provisions proposed under subsection (5) and whether they were included in the plan.

(8) In this section—

"remaking" , a safety management plan, includes an amendment or remaking of the plan of a type required under the P&G Act , section 678 .