Victorian Current Acts

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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 406

Powers of Minister to deal with serious situations

    (1)     If the Minister is satisfied that a serious situation exists in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, the Minister may, by written notice given to the licensee, direct the licensee

        (a)     to take all reasonable steps to ensure that operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation are carried on in a manner specified in the direction; or

        (b)     to take all reasonable steps to ensure that operations for the storage of a greenhouse gas substance in the identified greenhouse gas storage formation are carried on in a manner specified in the direction; or

        (c)     to cease or suspend the injection of a greenhouse gas substance at a site or sites specified in the direction; or

        (d)     to inject a greenhouse gas substance into the identified greenhouse gas storage formation at a site or sites specified in the direction; or

        (e)     to cease or suspend operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation; or

        (f)     to undertake such activities as are specified in the direction for the purpose of—

              (i)     eliminating; or

              (ii)     mitigating; or

              (iii)     managing; or

              (iv)     remediating—

        the serious situation; or

        (g)     to take such action as is specified in the direction; or

        (h)     not to take such action as is specified in the direction.

    (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)     Subsection (1)(a) to (f) does not limit subsection (1)(g).

    (4)     Subsection (1)(a) to (f) does not limit subsection (1)(h).

    (5)     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.

    (6)     A direction under this section prevails over—

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

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

to the extent of any inconsistency.

    (7)     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.

    (8)     To avoid doubt, subsection (7) applies to an instrument, whether issued or made in Australia or outside Australia.

    (9)     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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