Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 220

Grant of greenhouse gas‑related pipeline licence—offer document

    (1)     This section applies if an application for a pipeline licence has been made under section 215.

    (2)     If—

        (a)     the application is for a pipeline licence in relation to the construction, in the offshore area, of a greenhouse gas pipeline for—

              (i)     the conveyance of a greenhouse gas substance within a petroleum production licence area in the offshore area; or

              (ii)     the conveyance of a greenhouse gas substance from a place outside a petroleum production licence area to a place in the petroleum production licence area; and

        (b)     either—

              (i)     if paragraph (a)(i) applies—the greenhouse gas substance is a by‑product of petroleum recovery operations carried on under the petroleum production licence; or

              (ii)     if paragraph (a)(ii) applies—the greenhouse gas substance is to be injected into the seabed or subsoil for the purpose of enhancing petroleum recovery operations carried on under the petroleum production licence; and

        (c)     the applicant is not the petroleum production licensee; and

        (d)     the application has not been rejected under section 217(2)—

the Minister may give the applicant a written notice (called an offer document ) telling the applicant that the Minister is prepared to grant the applicant the pipeline licence.

    (3)     If—

        (a)     the application is for a pipeline licence in relation to the construction, in the offshore area, of a greenhouse gas pipeline for—

              (i)     the conveyance of a greenhouse gas substance within a petroleum production licence area in the offshore area; or

              (ii)     the conveyance of a greenhouse gas substance from a place outside a petroleum production licence area to a place in the petroleum production licence area; and

        (b)     either—

              (i)     if paragraph (a)(i) applies—the greenhouse gas substance is a by‑product of petroleum recovery operations carried on under the petroleum production licence; or

              (ii)     if paragraph (a)(ii) applies—the greenhouse gas substance is to be injected into the seabed or subsoil for the purpose of enhancing petroleum recovery operations carried on under the petroleum production licence; and

        (c)     the applicant is the petroleum production licensee; and

        (d)     each of the following has been complied with—

              (i)     the conditions to which the petroleum production licence is, or has from time to time been, subject;

              (ii)     the provisions of this Chapter, Chapter 4, Chapter 6 and Part 7.1;

              (iii)     the regulations—

the Minister must give the applicant a written notice (called an offer document ) telling the applicant that the Minister is prepared to grant the applicant the pipeline licence.

    (4)     If—

        (a)     the application is for a pipeline licence in relation to the construction, in the offshore area, of a greenhouse gas pipeline for—

              (i)     the conveyance of a greenhouse gas substance within a petroleum production licence area in the offshore area; or

              (ii)     the conveyance of a greenhouse gas substance from a place outside a petroleum production licence area to a place in the petroleum production licence area; and

        (b)     either—

              (i)     if paragraph (a)(i) applies—the greenhouse gas substance is a by‑product of petroleum recovery operations carried on under the petroleum production licence; or

              (ii)     if paragraph (a)(ii) applies—the greenhouse gas substance is to be injected into the seabed or subsoil for the purpose of enhancing petroleum recovery operations carried on under the petroleum production licence; and

        (c)     the applicant is the petroleum production licensee; and

        (d)     any of—

              (i)     the conditions to which the petroleum production licence is, or has from time to time been, subject; or

              (ii)     the provisions of this Chapter, Chapter 4, Chapter 6 and Part 7.1; or

              (iii)     the provisions of the regulations—

have not been complied with; and

        (e)     the Minister is satisfied that there are sufficient grounds to warrant the granting of the pipeline licence

the Minister may give the applicant a written notice (called an offer document ) telling the applicant that the Minister is prepared to grant the applicant the pipeline licence.

    (5)     If—

        (a)     the application is for a pipeline licence in relation to the construction, in the offshore area, of a greenhouse gas pipeline for—

              (i)     the conveyance of a greenhouse gas substance within a greenhouse gas injection licence area in the offshore area; or

              (ii)     the conveyance of a greenhouse gas substance from a place outside a greenhouse gas injection area to a place in the greenhouse gas injection licence area; and

        (b)     the greenhouse gas substance is to be injected into an identified greenhouse gas storage formation that is wholly situated in the greenhouse gas injection licence area; and

        (c)     the applicant is not the greenhouse gas injection licensee; and

        (d)     the application has not been rejected under section 218(2)—

the Minister may give the applicant a written notice (called an offer document ) telling the applicant that the Minister is prepared to grant the applicant the pipeline licence.

    (6)     If—

        (a)     the application is for a pipeline licence in relation to the construction, in the offshore area, of a greenhouse gas pipeline for—

              (i)     the conveyance of a greenhouse gas substance within a greenhouse gas injection licence area in the offshore area; or

              (ii)     the conveyance of a greenhouse gas substance from a place outside a greenhouse gas injection area to a place in the greenhouse gas injection licence area; and

        (b)     the greenhouse gas substance is to be injected into an identified greenhouse gas storage formation that is wholly situated in the greenhouse gas injection licence area; and

        (c)     the applicant is the greenhouse gas injection licensee; and

        (d)     each of the following has been complied with—

              (i)     the conditions to which the greenhouse gas injection licence is, or has from time to time been, subject;

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

              (iii)     the regulations—

the Minister must give the applicant a written notice (called an offer document ) telling the applicant that the Minister is prepared to grant the applicant the pipeline licence.

    (7)     If—

        (a)     the application is for a pipeline licence in relation to the construction, in the offshore area, of a greenhouse gas pipeline for—

              (i)     the conveyance of a greenhouse gas substance within a greenhouse gas injection licence area in the offshore area; or

              (ii)     the conveyance of a greenhouse gas substance from a place outside a greenhouse gas injection area to a place in the greenhouse gas injection licence area; and

        (b)     the greenhouse gas substance is to be injected into an identified greenhouse gas storage formation that is wholly situated in the greenhouse gas injection licence area; and

        (c)     the applicant is the greenhouse gas injection licensee; and

        (d)     any of—

              (i)     the conditions to which the greenhouse gas injection licence is, or has from time to time been, subject; or

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

              (iii)     the provisions of the regulations—

have not been complied with; and

        (e)     the Minister is satisfied that there are sufficient grounds to warrant the granting of the pipeline licence

the Minister may give the applicant a written notice (called an offer document ) telling the applicant that the Minister is prepared to grant the applicant the pipeline licence.

    (8)     An offer document under this section must specify the route to be followed by the greenhouse gas pipeline, and that route must be—

        (a)     the route shown in the plan accompanying the application; or

        (b)     if the Minister is of the opinion that, for any reason, that route is not appropriate—a route that, in the opinion of the Minister, is appropriate.

Notes

1     Section 255 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).

2     If the applicant breaches a requirement under section 254 to provide further information, the Minister may refuse to give the applicant an offer document—see section 254(3).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback