Victorian Current Acts

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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 401

Minister may give greenhouse gas injection licensee directions to protect geological formations containing petroleum pools etc.

    (1)     The Minister may, by written notice given to a greenhouse gas injection licensee, give the licensee a direction for the purpose of—

        (a)     eliminating; or

        (b)     mitigating; or

        (c)     managing—

the risk that operations carried out under the licence could—

        (d)     have a significant adverse impact on a geological formation, or a part of a geological formation, that contains, or is likely to contain, a petroleum pool; or

        (e)     otherwise compromise the exploitation of any petroleum that occurs as a natural resource.

    (2)     A direction under this section may require the licensee to do something—

        (a)     in the licence area; or

        (b)     in the offshore area but outside the licence area.

    (3)     A direction under this section has effect, and must be complied with, despite—

        (a)     any previous direction under this section; and

        (b)     anything in the regulations or the applied provisions.

    (4)     A direction under this section prevails over—

        (a)     anything in an approved site plan for an identified greenhouse gas storage formation specified in the licence; or

        (b)     anything specified in the licence as mentioned in any of section 374(1)(c) to (k)—

to the extent of any inconsistency.

    (5)     A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument

        (a)     as in force or existing at the time when the direction takes effect; or

        (b)     as in force or existing from time to time—

so long as the code of practice or standard is relevant to that matter.

    (6)     To avoid doubt, subsection (5) applies to an instrument, whether issued or made in Australia or outside Australia.

    (7)     A direction under this section may prohibit the doing of an act or thing—

        (a)     unconditionally; or

        (b)     subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.



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