Victorian Current Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 378

    (1)     This section applies to a greenhouse gas injection licence if—

        (a)     both—

              (i)     a single identified greenhouse gas storage formation is specified in the licence; and

              (ii)     no operations to inject a greenhouse gas substance into the identified greenhouse gas storage formation have been carried on under the licence at any time during a continuous period of at least 5 years; or

        (b)     both—

              (i)     2 or more identified greenhouse gas storage formations are specified in the licence; and

              (ii)     no operations to inject a greenhouse gas substance into any of those identified greenhouse gas storage formations have been carried on under the licence at any time during a continuous period of at least 5 years.

    (2)     The Minister may, by written notice given to the licensee, tell the licensee that the Minister proposes to terminate the licence after the end of 30 days after the notice is given.

    (3)     At any time after the end of 30 days after the notice is given to the licensee, the Minister may, by written notice given to the licensee, terminate the licence.

Note

For remedial directions following termination, see section 643.

    (4)     In working out, for the purposes of this section, the period in which no operations to inject a greenhouse gas substance into an identified greenhouse gas storage formation were carried on under a greenhouse gas injection licence—

        (a)     any period in which no such operations were carried on because of circumstances beyond the licensee's control; and

        (b)     any period in which no such operations were carried on because of a suspension under section 410—

must be disregarded.

    (5)     For the purposes of subsection (4)(a), the failure to obtain a greenhouse gas substance for injection into an identified greenhouse gas storage formation is not a circumstance beyond the licensee's control.

    (6)     The Minister may give a copy of a notice under subsection (2) to such other persons (if any) as the Minister thinks fit.

    (7)     A notice under subsection (2) must—

        (a)     invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Minister about the proposal to terminate the licence; and

        (b)     specify a time limit for making that submission.

    (8)     In deciding whether to terminate the licence, the Minister must take into account any submissions made in accordance with the notice.

S. 378A inserted by No. 26/2021 s. 29.