Victorian Current Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 395

If—

        (a)     an application for a greenhouse gas injection licence has been made under section 392 by the registered holder of a petroleum production licence; and

        (b)     the Minister is satisfied that, if the greenhouse gas injection licence were granted to the applicant, the applicant will, within 5 years after the grant, commence operations to—

              (i)     inject a greenhouse gas substance into the identified greenhouse gas storage formation or formations concerned; and

              (ii)     permanently store the greenhouse gas substance in the identified greenhouse gas storage formation or formations concerned; and

        (c)     either—

              (i)     the Minister is satisfied that all of the greenhouse gas substance injected into the identified greenhouse gas storage formation or formations concerned will be obtained as a by‑product of petroleum recovery operations carried on under the petroleum production licence; or

              (ii)     the Minister is satisfied that some or all of the greenhouse gas substance injected into the identified greenhouse gas storage formation or formations concerned will be obtained as a by‑product of petroleum recovery operations carried on under any petroleum production licence, and that the grant of the greenhouse gas injection licence is in the public interest; and

        (d)     if the Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under—

              (i)     an existing post‑commencement petroleum exploration permit; or

              (ii)     an existing post‑commencement petroleum retention lease (other than a petroleum retention lease granted under section 139); or

              (iii)     a future post‑commencement petroleum production licence over the block or any of the blocks to which an existing post‑commencement petroleum exploration permit, or an existing post‑commencement petroleum retention lease (other than a petroleum retention lease granted under section 139), relates—

        the Minister is satisfied that—

              (iv)     the grant of the greenhouse gas injection licence is in the public interest; or

              (v)     the registered holder of the petroleum exploration permit or petroleum retention lease, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence to the applicant; and

        (e)     if the Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under an existing pre‑commencement petroleum title—the Minister is satisfied that the registered holder of the pre‑commencement petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence to the applicant; and

        (f)     if—

              (i)     the Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre‑commencement petroleum title over a block or blocks; and

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

        the Minister is satisfied that the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence covered by subparagraph (ii) has agreed, in writing, to the grant of the greenhouse gas injection licence; and

        (g)     if the Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on—

              (i)     petroleum explorations operations; or

              (ii)     petroleum recovery operations—

        that are being, or could be, carried on under an existing petroleum production licence held by a person other than the applicant—the Minister is satisfied that the registered holder of the petroleum production licence has agreed, in writing, to the grant of the greenhouse gas injection licence to the applicant; and

        (h)     the Minister is satisfied that—

              (i)     the technical qualifications of the applicant and of the applicant's employees; and

              (ii)     the technical advice available to the applicant; and

              (iii)     the financial resources available to the applicant—

        are adequate; and

              (i)     the Minister is satisfied that the draft site plan that accompanied the application satisfies the criteria specified in the regulations—

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 a greenhouse gas injection licence over the block or blocks specified in the application, on the basis that the matters to be specified in the greenhouse gas injection licence as mentioned in section 374(1)(d) to (k) will be in accordance with the application.