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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 405

Serious situation

    (1)     For the purposes of this Act, a serious situation exists in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence if—

        (a)     a greenhouse gas substance injected into the identified greenhouse gas storage formation—

              (i)     has leaked; or

              (ii)     is leaking—

        from the identified greenhouse gas storage formation; or

        (b)     there is a significant risk that a greenhouse gas substance injected into the identified greenhouse gas storage formation will leak from the identified greenhouse gas storage formation; or

        (c)     a greenhouse gas substance

              (i)     has leaked; or

              (ii)     is leaking—

        in the course of being injected into the identified greenhouse gas storage formation; or

        (d)     there is a significant risk that a greenhouse gas substance will leak in the course of being injected into the identified greenhouse gas storage formation; or

        (e)     a greenhouse gas substance injected into the identified greenhouse gas storage formation—

              (i)     has behaved; or

              (ii)     is behaving—

        otherwise than as predicted in Part A of the approved site plan for the identified greenhouse gas storage formation; or

        (f)     there is a significant risk that a greenhouse gas substance injected into the identified greenhouse gas storage formation will behave otherwise than as predicted in Part A of the approved site plan for the identified greenhouse gas storage formation; or

        (g)     either—

              (i)     the injection of a greenhouse gas substance into the identified greenhouse gas storage formation; or

              (ii)     the storage of a greenhouse gas substance in the identified greenhouse gas storage formation—

        has had, or is having, a significant adverse impact on the geotechnical integrity of the whole or a part of a geological formation or geological structure; or

        (h)     there is a significant risk that—

              (i)     the injection of a greenhouse gas substance into the identified greenhouse gas storage formation; or

              (ii)     the storage of a greenhouse gas substance in an identified greenhouse gas storage formation—

will have a significant adverse impact on the geotechnical integrity of the whole or a part of a geological formation or geological structure; or

              (i)     the identified greenhouse gas storage formation is not suitable (with or without engineering enhancements) for the permanent storage of the relevant amount of the relevant greenhouse gas substance injected at the relevant point or points over the relevant period.

    (2)     For the purposes of subsection (1)(i)—

        (a)     the relevant amount is the total amount of greenhouse gas substance authorised to be injected into the identified greenhouse gas storage formation under the licence; and

        (b)     the relevant greenhouse gas substance is the kind of greenhouse gas substance that is authorised to be injected into the identified greenhouse gas storage formation under the licence; and

        (c)     the relevant point or points is the potential greenhouse gas injection site or sites at which the greenhouse gas substance is authorised to be injected into the identified greenhouse gas storage formation under the licence; and

        (d)     the relevant period is the period during which the greenhouse gas substance is authorised to be injected into the identified greenhouse gas storage formation under the licence.

Note

See section 374(1).



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