Victorian Current Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 292

    (1)     The Minister must have regard to the impact (if any) that any of the key greenhouse gas operations to which an application for approval under section 291 relates could have on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under—

        (a)     an existing petroleum exploration permit; or

        (b)     an existing petroleum retention lease; or

        (c)     an existing petroleum production licence; or

        (d)     a future petroleum exploration permit; or

        (e)     a future petroleum retention lease; or

        (f)     a future petroleum production licence.

    (2)     If the Minister is satisfied that there is a significant risk that any of the key greenhouse gas operations to which an application for approval under section 291 relates will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under—

        (a)     an existing petroleum exploration permit held by a person other than the applicant; or

        (b)     an existing petroleum retention lease held by a person other than the applicant; or

        (c)     an existing petroleum production licence held by a person other than the applicant—

the Minister must have regard to—

        (d)     whether the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence, as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the Minister is so satisfied; and

        (e)     if so—the terms of that agreement.

    (3)     If—

        (a)     the Minister is satisfied that there is a significant risk that any of the key greenhouse gas operations to which an application for approval under section 291 relates will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under—

              (i)     a future petroleum exploration permit over a block or blocks; or

              (ii)     a future petroleum retention lease over a block or blocks; or

              (iii)     a future petroleum production licence over a block or blocks; and

        (b)     a petroleum exploration permit, petroleum retention lease or petroleum production licence is in force over the block or any of the blocks; and

        (c)     the petroleum exploration permit, petroleum retention lease or petroleum production licence is held by a person other than the applicant—

the Minister must have regard to—

        (d)     whether the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the Minister is so satisfied; and

        (e)     if so—the terms of that agreement.

    (4)     If any of the key greenhouse gas operations to which an application for approval under section 291 relates is—

        (a)     an operation to inject, on an appraisal basis, a substance into a part of a geological formation; or

        (b)     an operation to store, on an appraisal basis, a substance in a part of a geological formation—

the Minister must have regard to the composition of the substance.

    (5)     The Minister must have regard to the public interest.

    (6)     Subsections (1), (2), (3) and (4) do not limit subsection (5).

    (7)     This section does not limit the matters to which the Minister may have regard to in deciding whether to give an approval under section 291.