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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 6

Definitions

    (1)     In this Act

"approved"—

        (a)     when used in any of the following provisions—

              (i)     Chapter 3;

              (ii)     Chapter 5;

              (iii)     Chapter 8;

              (iv)     section 791

means approved in writing by the Minister; or

        (b)     in any other case—means approved in writing by the Minister—

but does not apply to the expression approved site plan ;

"approved site plan" means a site plan in respect of which an approval is in force under the regulations;

Note

See section 492.

"authority area"—

        (a)     when used in relation to a petroleum special prospecting authority—means the area constituted by the block or blocks that are the subject of the petroleum special prospecting authority; or

        (b)     when used in relation to a petroleum access authority—means the area to which the petroleum access authority relates; or

        (c)     when used in relation to a greenhouse gas search authority—means the area constituted by the block or blocks that are the subject of the greenhouse gas search authority; or

        (d)     when used in relation to a greenhouse gas special authority—means the area to which the greenhouse gas special authority relates;

S. 6(1) def. of block amended by No. 26/2021 s. 4(1).

"block" means a block constituted as provided by sections 37 and 498;

S. 6(1) def. of boundary-change petroleum exploration permit inserted by No. 16/2018 s. 4(1), substituted byNo. 26/2021 s. 37(3).

"boundary-change petroleum exploration permit" means—

        (a)     a petroleum exploration permit granted under Division 4A of Part 2.2; or

        (b)     a petroleum exploration permit granted under Division 5 of Part 2.2 by way of renewal of a permit referred to in paragraph (a);

S. 6(1) def. of cash-bid greenhouse gas assessment permit substituted by No. 26/2021 s. 37(4).

"cash-bid greenhouse gas assessment permit" means—

        (a)     a greenhouse gas assessment permit granted under Division 3 of Part 3.2; or

        (b)     a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of renewal of a permit referred to in paragraph (a);

cash‑bid petroleum exploration permit means—

        (a)     a petroleum exploration permit granted under Division 3 of Part 2.2 of this Act; or

        (b)     a petroleum exploration permit granted under Division 5 of Part 2.2 of this Act by way of the renewal of a permit referred to in paragraph (a);

"charge", when used in relation to the assets of a body corporate, has the same meaning as in section 263 of the Corporations Act;

S. 6(1) def. of COAG Reform Fund repealed by No. 13/2022 s. 62.

    *     *     *     *     *

"Commonwealth Act" means the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth;

S. 6(1) def. of Common-wealth defined offshore area amended by No. 26/2021 s. 4(2).

"Commonwealth defined offshore area" means the offshore area of Victoria as defined by section 8 of the Commonwealth Act;

Notes

1     See also section 296B (permit area of a cross‑boundary greenhouse gas assessment permit is taken to be included in the Commonwealth defined offshore area).

2     See also section 333A (lease area of a cross‑boundary greenhouse gas holding lease is taken to be included in the Commonwealth defined offshore area).

3     See also section 378A (licence area of a cross‑boundary greenhouse gas injection licence is taken to be included in the Commonwealth defined offshore area).

S. 6(1) def. of Common-wealth petroleum exploration title inserted by No. 16/2018 s. 4(1).

"Commonwealth petroleum exploration title" means an instrument under a law of the Commonwealth that confers, in relation to the Commonwealth defined offshore area, rights that correspond to the rights that a petroleum exploration permit confers in relation to the offshore area;

S. 6(1) def. of Common-wealth petroleum production title inserted by No. 16/2018 s. 4(1).

"Commonwealth petroleum production title "means an instrument under a law of the Commonwealth that confers, in relation to the Commonwealth defined offshore area, rights that correspond to the rights that a petroleum production licence confers in relation to the offshore area;

S. 6(1) def. of Common-wealth petroleum retention title inserted by No. 16/2018 s. 4(1).

"Commonwealth petroleum retention title" means an instrument under a law of the Commonwealth that confers, in relation to the Commonwealth defined offshore area, rights that correspond to the rights that a petroleum retention lease confers in relation to the offshore area;

S. 6(1) def. of consolidated work-bid greenhouse gas assessment permit inserted by No. 26/2021 s. 4(3).

"consolidated work-bid greenhouse gas assessment permit" means—

        (a)     a greenhouse gas assessment permit granted under Division 2A of Part 3.2; or

        (b)     a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of the renewal of a permit referred to in paragraph (a);

"construct" includes place;

"corresponding State law" means an Act of another State giving effect to the agreement between the Commonwealth, the States and the Northern Territory referred to in the preamble to this Act;

S. 6(1) def. of Cross-boundary Authority inserted by No. 26/2021 s. 4(3).

"Cross-boundary Authority" means the Commonwealth-Victoria Greenhouse Gas Storage Cross-boundary Authority as constituted by section 76A of the Commonwealth Act;

S. 6(1) def. of cross‑ boundary greenhouse gas assessment permit inserted by No. 26/2021 s. 4(3).

cross‑boundary greenhouse gas assessment permit has the same meaning as in the Commonwealth Act;

S. 6(1) def. of cross‑ boundary greenhouse gas holding lease inserted by No. 26/2021 s. 4(3).

cross‑boundary greenhouse gas holding lease has the same meaning as in the Commonwealth Act;


S. 6(1) def. of cross‑ boundary greenhouse gas injection licence inserted by No. 26/2021 s. 4(3).

cross‑boundary greenhouse gas injection licence has the same meaning as in the Commonwealth Act;



S. 6(1) def. of cross‑ boundary greenhouse gas title inserted by No. 26/2021 s. 4(3).

cross‑boundary greenhouse gas title means—

        (a)     a cross‑boundary greenhouse gas assessment permit; or

        (b)     a cross‑boundary greenhouse gas holding lease; or

        (c)     a cross‑boundary greenhouse gas injection licence;

"datum" means a reference frame for defining geographic coordinates;

Note

If the position on the surface of the Earth of a particular point is identified by a coordinate that is determined by reference to a particular datum, the use of a different datum will result in the same point being identified by a different coordinate.

"debenture" has the same meaning as in section 263 of the Corporations Act;

declared greenhouse gas facility has the meaning given by section 20;

declared petroleum exploration permit has the meaning given by section 83;

declared petroleum production licence has the meaning given by section 161;

declared petroleum retention lease has the meaning given by section 127;

designated agreement has the meaning given by section 33;

Designated Authority has the meaning given to that term for Victoria by section 70 of the Commonwealth Act;

"detection agent" means a substance, whether in a gaseous or liquid state, that—

        (a)     when added to—

              (i)     another substance; or

              (ii)     a mixture of other substances—

facilitates the monitoring of the behaviour of that other substance or that mixture, as the case may be; and

        (b)     is specified in the regulations;

eligible greenhouse gas storage formation has the meaning given by section 23;

"engage in conduct" means—

        (a)     do an act; or

        (b)     omit to perform an act;

"expert advisory committee" means a committee established under section 767;

"expert advisory committee member "means a member of an expert advisory committee, and includes the Chair of an expert advisory committee;

"expiry date"—

        (a)     when used in relation to a petroleum exploration permit, petroleum retention lease or petroleum production licence—has the meaning given by section 9; or

        (b)     when used in relation to a greenhouse gas assessment permit or a greenhouse gas holding lease (other than a special greenhouse gas holding lease)—has the meaning given by section 10;

"explore"—

        (a)     when used in relation to petroleum—has a meaning affected by section 21(1); or

        (b)     when used in relation to a potential greenhouse gas storage formation—has a meaning affected by section 21(2) and (3); or

        (c)     when used in relation to a potential greenhouse gas injection site—has a meaning affected by section 21(4);

S. 6(1) def. of fixed-term Common-wealth petroleum production inserted by No. 16/2018 s. 4(1).

"fixed-term Commonwealth petroleum production title" means a Commonwealth petroleum production title that is granted for a term of years;

"fundamental suitability determinants"—

        (a)     when used in relation to an eligible greenhouse gas storage formation—has the meaning given by section 23(8); or

        (b)     when used in relation to an identified greenhouse gas storage formation—has the meaning given by section 318(1);

"geographic coordinate" includes—

        (a)     a meridian of longitude by itself; and

        (b)     a parallel of latitude by itself;

"geological formation" includes—

        (a)     any seal or reservoir of a geological formation; and

        (b)     any associated geological attributes or features of a geological formation;

"good oilfield practice" means all those things that are generally accepted as good and safe in—

        (a)     the carrying on of exploration for petroleum; or

        (b)     petroleum recovery operations;

"good processing and transport practice" means all those things that are generally accepted as good and safe in—

        (a)     the processing, conveyance, transport and storage of petroleum; and

        (b)     the preparation of petroleum for transport;

graticular section has the meaning given by section 37;

"greenhouse gas assessment permit" means a greenhouse gas assessment permit granted under Part 3.2;

"greenhouse gas assessment permit area" means the permit area of a greenhouse gas assessment permit;

"greenhouse gas assessment permittee" means the registered holder of a greenhouse gas assessment permit;

"greenhouse gas facility line "means a pipe, or system of pipes, that is—

        (a)     for conveying a greenhouse gas substance; and

        (b)     part of a declared greenhouse gas facility;

"greenhouse gas holding lease" means a greenhouse gas holding lease granted under Part 3.3;

"greenhouse gas holding lease area" means the lease area of a greenhouse gas holding lease;

"greenhouse gas holding lessee" means the registered holder of a greenhouse gas holding lease;

"greenhouse gas infrastructure line" means a pipe, or system of pipes, that is—

        (a)     for conveying a greenhouse gas substance; and

        (b)     part of an infrastructure facility;

"greenhouse gas injection licence" means a greenhouse gas injection licence granted under Part 3.4;

"greenhouse gas injection licence area" means the licence area of a greenhouse gas injection licence;

"greenhouse gas injection licensee" means the registered holder of a greenhouse gas injection licence;

"greenhouse gas injection line" means a pipe, or system of pipes, for—

        (a)     conveying a greenhouse gas substance to be compressed, processed or otherwise prepared for injection into an identified greenhouse gas storage formation; or

        (b)     conveying a greenhouse gas substance for storage prior to being injected into an identified greenhouse gas storage formation; or

        (c)     conveying a greenhouse gas substance for injection into an identified greenhouse gas storage formation—

so long as the greenhouse gas substance does not pass through a terminal point on the pipe, or system of pipes, as the case may be, before it is injected into the identified greenhouse gas storage formation;

"greenhouse gas pipeline" means—

        (a)     a pipe, or system of pipes, in the offshore area for conveying a greenhouse gas substance, other than—

              (i)     a greenhouse gas injection line; or

              (ii)     a greenhouse gas infrastructure line; or

              (iii)     a greenhouse gas facility line; or

              (iv)     a pipe, or a system of pipes, that is specified in the regulations; or

        (b)     a part of a pipe covered by paragraph (a); or

        (c)     a part of a system of pipes covered by paragraph (a);

"greenhouse gas project inspector" means a person appointed as a greenhouse gas project inspector under section 656;

"greenhouse gas pumping station" means equipment for pumping a greenhouse gas substance or water, and includes any structure associated with that equipment;

"greenhouse gas research consent" means a greenhouse gas research consent granted under Part 3.7;

"greenhouse gas search authority" means a greenhouse gas search authority granted under Part 3.5;

"greenhouse gas special authority" means a greenhouse gas special authority granted under Part 3.6;

"greenhouse gas substance" means—

        (a)     carbon dioxide, whether in a gaseous or liquid state; or

        (b)     a prescribed greenhouse gas, whether in a gaseous or liquid state; or

        (c)     a mixture of any or all of the following substances—

              (i)     carbon dioxide, whether in a gaseous or liquid state;

              (ii)     one or more prescribed greenhouse gases, whether in a gaseous or liquid state;

              (iii)     one or more incidental greenhouse gas‑related substances, whether in a gaseous or liquid state, that relate to either or both of the substances mentioned in subparagraphs (i) and (ii);

              (iv)     a prescribed detection agent, whether in a gaseous or liquid state—

so long as—

              (v)     the mixture consists overwhelmingly of either or both of the substances mentioned in subparagraphs (i) and (ii); and

              (vi)     if the mixture includes a prescribed detection agent—the concentration of the prescribed detection agent in the mixture is not more than the concentration prescribed in relation to that detection agent;

"greenhouse gas tank station" means a tank, or system of tanks, for holding or storing a greenhouse gas substance, and includes any structure associated with that tank or system of tanks;

"greenhouse gas valve station" means equipment for regulating the flow of a greenhouse gas substance, and includes any structure associated with that equipment;

identified greenhouse gas storage formation has the meaning given by section 315;

incidental greenhouse gas‑related substance has the meaning given by section 25;

infrastructure facility has the meaning given by section 17;

"infrastructure licence" means an infrastructure licence granted under Part 2.5 of this Act;

"infrastructure licence area" means the licence area of an infrastructure licence;

"infrastructure licensee" means the registered holder of an infrastructure licence;

Joint Authority has the meaning given to that term for Victoria by section 56 of the Commonwealth Act;

"key greenhouse gas operation" means—

        (a)     an operation to make a well; or

        (b)     an operation to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation; or

        (c)     an operation to store, on an appraisal basis, a greenhouse gas substance in a part of a geological formation; or

        (d)     an operation to inject, on an appraisal basis, air, petroleum or water into a part of a geological formation; or

        (e)     an operation to store, on an appraisal basis, air, petroleum or water in a part of a geological formation; or

        (f)     an operation to carry out a seismic survey or any other kind of survey; or

        (g)     an operation to monitor the behaviour of—

              (i)     a greenhouse gas substance; or

              (ii)     air; or

              (iii)     petroleum; or

              (iv)     water—

stored in a part of a geological formation; or

        (h)     an operation to carry out baseline investigations relating to the storage of a greenhouse gas substance in a part of the geological formation; or

              (i)     an operation to take samples of the seabed or subsoil of the offshore area; or

        (j)     an operation specified in the regulations;

"key petroleum operation" means—

        (a)     an operation to make a well; or

        (b)     an operation to inject a substance into a part of a geological formation; or

        (c)     an operation to store a substance in a part of a geological formation; or

        (d)     an operation to carry out a seismic survey or any other kind of survey; or

        (e)     an operation to monitor the behaviour of a substance stored in a part of a geological formation; or

        (f)     an operation to take samples of the seabed or subsoil of the offshore area; or

        (g)     an operation specified in the regulations;

"lease area"—

        (a)     when used in relation to a petroleum retention lease—means the area constituted by the block or blocks that are the subject of the petroleum retention lease; or

        (b)     when used in relation to a greenhouse gas holding lease—means the area constituted by the block or blocks that are the subject of the greenhouse gas holding lease;

"lessee"—

        (a)     when used in relation to a petroleum retention lease—means the registered holder of the petroleum retention lease; or

        (b)     when used in relation to a greenhouse gas holding lease—means the registered holder of the greenhouse gas holding lease;

"licence area"—

        (a)     when used in relation to an infrastructure licence—means the place in relation to which the infrastructure licence is in force; or

        (b)     when used in relation to a petroleum production licence—means the area constituted by the block or blocks that are the subject of the petroleum production licence; or

        (c)     when used in relation to a greenhouse gas injection licence—means the area constituted by the block or blocks that are the subject of the greenhouse gas injection licence;

Note

The place in relation to which an infrastructure licence is in force must be a place in the offshore area—see section 193(2) and section 194.

"licensee"—

        (a)     when used in relation to a petroleum production licence—means the registered holder of the petroleum production licence; or

        (b)     when used in relation to an infrastructure licence—means the registered holder of the infrastructure licence; or

        (c)     when used in relation to a pipeline licence—means the registered holder of the pipeline licence; or

        (d)     when used in relation to a greenhouse gas injection licence—means the registered holder of the greenhouse gas injection licence;

life‑of‑field petroleum production licence means a petroleum production licence;

listed OHS laws has the meaning given by section 700;

"location" means a block or blocks in relation to which a declaration under section 114 is in force;

"marine national park" has the same meaning as in the National Parks Act 1975 ;

"marine sanctuary" has the same meaning as in the National Parks Act 1975 ;

S. 6(1) def. of Ministerial Council inserted by No. 13/2022 s. 70(1).

"Ministerial Council" means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to energy or resources (or both);

"natural resources" has the same meaning as in the Commonwealth Act;

S. 6(1) def. of NOPSEMA inserted by No. 74/2012 s. 5(2).

"NOPSEMA" means the National Offshore Petroleum Safety and Environmental Management Authority continued in existence under section 645 of the Commonwealth Act;

S. 6(1) def. of NOPSEMA inspector inserted by No. 26/2021 s. 37(1).

"NOPSEMA inspector" has the same meaning as in the Commonwealth Act;

"offshore area" means—

        (a)     that part of the scheduled area for Victoria that consists of the territorial sea; and

        (b)     any waters that are—

              (i)     on the landward side of the territorial sea; and

              (ii)     not within the limits of Victoria; and

        (c)     if at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles, the offshore area continues to have effect as if the breadth of the territorial sea of Australia had continued to be 3 nautical miles;

Note

The offshore area corresponds to the term the adjacent area under the repealed Petroleum (Submerged Lands) Act 1982 .

S. 6(1) def. of OHS inspector repealed by No. 26/2021 s. 37(2).

    *     *     *     *     *

S. 6(1) def. of original consolidated work-bid greenhouse gas assessment permit inserted by No. 26/2021 s. 4(3).

original consolidated work-bid greenhouse gas assessment permit means a consolidated work-bid greenhouse gas assessment permit that was granted otherwise than by way of renewal;

"original greenhouse gas assessment permit" means a greenhouse gas assessment permit that was granted otherwise than by way of renewal;

"original petroleum exploration permit" means a petroleum exploration permit granted otherwise than by way of renewal;

original petroleum production licence means a petroleum production licence granted otherwise than by way of renewal;

original petroleum retention lease means a petroleum retention lease granted otherwise than by way of renewal;

"part of a geological formation "includes a part of a combination of geological formations;

"partly cancelled" means—

        (a)     in relation to a petroleum exploration permit or petroleum production licence—cancelled as to one or more, but not all, of the blocks the subject of the permit or licence; and

        (b)     in relation to a pipeline licence—cancelled as to a part of the pipeline the subject of the licence;

"partly revoked", in relation to a petroleum exploration permit or petroleum retention lease, means revoked as to one or more, but not all, of the blocks the subject of the permit or lease;

"partly surrendered", in relation to a petroleum exploration permit, petroleum production licence or greenhouse gas injection licence, means surrendered as to one or more, but not all, of the blocks the subject of the permit or licence;

"partly terminated", in relation to a pipeline licence, means terminated as to a part of the pipeline the subject of the licence;

"permit area"—

        (a)     when used in relation to a petroleum exploration permit—means the area constituted by the block or blocks that are the subject of the petroleum exploration permit; or

        (b)     when used in relation to a greenhouse gas assessment permit—means the area constituted by the block or blocks that are the subject of the greenhouse gas assessment permit;

"permittee"—

        (a)     when used in relation to a petroleum exploration permit—means the registered holder of the petroleum exploration permit; or

        (b)     when used in relation to a greenhouse gas assessment permit—means the registered holder of the greenhouse gas assessment permit;

"petroleum" means—

        (a)     any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or

        (b)     any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or

        (c)     any naturally occurring mixture of—

              (i)     one or more hydrocarbons, whether in a gaseous, liquid or solid state; and

              (ii)     one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide—

and—

        (d)     includes any petroleum as defined by paragraph (a), (b) or (c) that has been returned to a natural reservoir; and

        (e)     for the purposes of the pipeline provisions, also includes any petroleum as defined by paragraph (a), (b), (c) or (d), where—

              (i)     one or more things have been added; or

              (ii)     one or more things have been wholly or partly removed—

or both; and

        (f)     for the purposes of the pipeline provisions, also includes any mixture that—

              (i)     has been recovered from a well; and

              (ii)     includes petroleum as defined by paragraph (a), (b), (c) or (d)—

whether or not—

              (iii)     one or more things have been added; or

              (iv)     one or more things have been wholly or partly removed—

or both;

"petroleum access authority" means a petroleum access authority granted under Part 2.8 of this Act;

S. 6(1) def. of petroleum exploration permit amended by No. 16/2018 s. 4(2).

"petroleum exploration permit" means—

        (a)     a work‑bid petroleum exploration permit; or

        (b)     a cash‑bid petroleum exploration permit; or

        (c)     a special petroleum exploration permit; or

        (d)     a boundary-change petroleum exploration permit;

"petroleum exploration permit area" means the permit area of a petroleum exploration permit;

"petroleum exploration permittee" means the registered holder of a petroleum exploration permit;

"petroleum pipeline" means—

        (a)     a pipe, or system of pipes, in the offshore area for conveying petroleum (whether or not the petroleum is recovered from the offshore area), other than a secondary line; or

        (b)     a part of a pipe covered by paragraph (a); or

        (c)     a part of a system of pipes covered by paragraph (a);

"petroleum pool" means a naturally occurring discrete accumulation of petroleum;

"petroleum production licence" means a petroleum production licence granted under Part 2.4 of this Act;

"petroleum production licence area" means the licence area of a petroleum production licence;

"petroleum production licensee" means the registered holder of a petroleum production licence;

S. 6(1) def. of petroleum project inspector amended by No. 74/2012 s. 5(3).

"petroleum project inspector "means a person appointed as a petroleum project inspector under section 647(1) or (2);


"petroleum pumping station" means equipment for pumping petroleum or water, and includes any structure associated with that equipment;

"petroleum retention lease" means a petroleum retention lease granted under Part 2.3 of this Act;

"petroleum retention lease area" means the lease area of a petroleum retention lease;

"petroleum retention lessee" means the registered holder of a petroleum retention lease;

"petroleum scientific investigation consent" means a petroleum scientific investigation consent granted under Part 2.9 of this Act;

"petroleum special prospecting authority" means a petroleum special prospecting authority granted under Part 2.7 of this Act;

"petroleum tank station" means a tank, or system of tanks, for holding or storing petroleum, and includes any structure associated with that tank or system of tanks;

"petroleum valve station" means equipment for regulating the flow of petroleum, and includes any structure associated with that equipment;

"pipeline" means—

        (a)     a petroleum pipeline; or

        (b)     a greenhouse gas pipeline;

"pipeline licence" means a pipeline licence granted under Part 2.6 of this Act;

"pipeline licensee" means the registered holder of a pipeline licence;

"pipeline provisions" means the following—

        (a)     Part 2.6;

        (b)     the definition of greenhouse gas pipeline in this section;

        (c)     the definition of greenhouse gas pumping station in this section;

        (d)     the definition of greenhouse gas tank station in this section;

        (e)     the definition of greenhouse gas valve station in this section;

        (f)     the definition of petroleum pipeline in this section;

        (g)     the definition of petroleum pumping station in this section;

        (h)     the definition of petroleum tank station in this section;

              (i)     the definition of petroleum valve station in this section;

        (j)     the definition of pipeline in this section;

        (k)     item 3 of the table in section 616(1);

post‑commencement petroleum exploration permit means—

        (a)     an original petroleum exploration permit that was granted after the commencement of this section; or

        (b)     a petroleum exploration permit that was granted by way of renewal, where the original petroleum exploration permit was granted after the commencement of this section;

S. 6(1) def. of post‑com-mencement petroleum production licence amended by No. 16/2018 s. 4(3).

post‑commencement petroleum production licence means—

        (a)     a petroleum production licence that was granted to the registered holder of—

              (i)     a post‑commencement petroleum exploration permit; or

              (ii)     a post‑commencement petroleum retention lease

that was in force over the block or blocks to which the petroleum production licence relates; or

        (b)     a petroleum production licence granted under section 177; or

        (c)     a petroleum production licence granted under section 179, where the initial petroleum production licence mentioned in section 178 was a post‑commencement petroleum production licence; or

        (d)     a petroleum production licence granted under section 179A; or

        (e)     a petroleum production licence that was granted by way of renewal, where the original petroleum production licence was granted under section 179A;

S. 6(1) def. of post‑com-mencement petroleum retention lease amended by No. 16/2018 s. 4(4).

post‑commencement petroleum retention lease means—

        (a)     an original petroleum retention lease that was granted to the registered holder of—

              (i)     a post‑commencement petroleum exploration permit; or

              (ii)     a post‑commencement petroleum production licence

that was in force over the block or blocks to which the original petroleum retention lease relates; or

        (b)     a petroleum retention lease that was granted by way of renewal, where the original petroleum retention lease was granted to the registered holder of—

              (i)     a post‑commencement petroleum exploration permit; or

              (ii)     a post‑commencement petroleum production licence

that was in force over the block or blocks to which the original petroleum retention lease related; or

        (c)     a petroleum retention lease granted under section 141A; or

        (d)     a petroleum retention lease that was granted by way of renewal, where the original petroleum retention lease was granted under section 141A;

post‑commencement petroleum title means—

        (a)     a post‑commencement petroleum exploration permit; or

        (b)     a post‑commencement petroleum retention lease; or

        (c)     a post‑commencement petroleum production licence;

potential greenhouse gas injection site has the meaning given by section 24;

potential greenhouse gas storage formation has the meaning given by section 22;

pre‑commencement petroleum exploration permit means a petroleum exploration permit other than a post‑commencement petroleum exploration permit;

pre‑commencement petroleum production licence means a petroleum production licence other than a post‑commencement petroleum production licence;

pre‑commencement petroleum retention lease means a petroleum retention lease other than a post‑commencement petroleum retention lease;

pre‑commencement petroleum title means—

        (a)     a pre‑commencement petroleum exploration permit; or

        (b)     a pre‑commencement petroleum retention lease; or

        (c)     a pre‑commencement petroleum production licence;

"pumping station" means—

        (a)     a greenhouse gas pumping station; or

        (b)     a petroleum pumping station;

"Register"—

        (a)     when used in Chapter 4—has the meaning given by section 503; or

        (b)     when used in Chapter 5—has the meaning given by section 561;

"registered holder", in relation to a title, means the person whose name is shown in the Register kept under section 505 or 563 as the holder of the title;

"regulated operation" means—

        (a)     an activity to which Chapter 2 applies; or

        (b)     an activity to which Chapter 3 applies;

Note

See also subsection (2).

"renewal"—

        (a)     when used in relation to a petroleum exploration permit, petroleum retention lease or petroleum production licence—has the meaning given by section 11; or

        (b)     when used in relation to a greenhouse gas assessment permit or greenhouse gas holding lease—has the meaning given by section 12 ;

S. 6(1) def. of Safety Authority repealed by No. 74/2012 s. 5(1).

    *     *     *     *     *



"scheduled area for Victoria" means the area set out in Schedule 1;

"secondary line" means a pipe, or system of pipes, for—

        (a)     returning petroleum to a natural reservoir; or

        (b)     conveying petroleum for use for petroleum exploration operations; or

        (c)     conveying petroleum for use for petroleum recovery operations; or

        (d)     conveying petroleum that is to be flared or vented; or

        (e)     conveying petroleum from a well, wherever located, to a terminal station in the offshore area without passing through another terminal station;

"serious situation", in relation to an identified greenhouse gas storage formation, has the meaning given by section 405;

significant risk has a meaning affected by section 27, 28, 29, 30 or 31;

"site closing certificate" means a certificate issued under section 427;

"site plan", in relation to an identified greenhouse gas storage formation, has the meaning given by section 26;

spatial extent of an eligible greenhouse gas storage formation has the meaning given by section 23(3);

"special greenhouse gas holding lease" means a greenhouse gas holding lease granted under section 352;

"special petroleum exploration permit" means—

        (a)     a petroleum exploration permit granted under Division 4 of Part 2.2 of this Act; or

        (b)     a petroleum exploration permit granted under Division 5 of Part 2.2 of this Act by way of the renewal of a permit referred to in paragraph (a);

S. 6(1) def. of structural integrity inserted by No. 74/2012 s. 5(2).

"structural integrity" includes—

        (a)     structural soundness;

        (b)     structural strength;

        (c)     stability;

        (d)     fitness for purpose;

        (e)     mechanical integrity;

        (f)     systems integrity, including the integrity of—

              (i)     electrical systems;

              (ii)     electronic systems;

              (iii)     hydraulic systems;

              (iv)     chemical systems;

              (v)     dynamic positioning systems;

              (vi)     other systems—

in connection with—

        (g)     the containment of petroleum, a greenhouse gas substance or any other substance; or

        (h)     the health and safety of persons engaged in—

              (i)     offshore petroleum operations within the meaning of Part 6.9;

              (ii)     offshore greenhouse gas storage operations within the meaning of Part 6.9;

S. 6(1) def. of structural integrity law inserted by No. 74/2012 s. 5(2).

"structural integrity law" means the provisions of this Act or the regulations to the extent that they relate to the structural integrity of—

        (a)         facilities within the meaning of Schedule 3, other than vessels or structures described in clause 7 of that Schedule; or

        (b)     wells or well-related equipment used for the purposes of offshore petroleum operations within the meaning of Part 6.9;

"tank station" means—

        (a)     a greenhouse gas tank station; or

        (b)     a petroleum tank station;

"term"—

        (a)     when used in relation to a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence, pipeline licence, petroleum special prospecting authority or petroleum access authority—has the meaning given by section 9; or

        (b)     when used in relation to a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority—has the meaning given by section 10;

terminal point has the meaning given by section 19;

terminal station has the meaning given by section 18;

"tied", in relation to a greenhouse gas holding lease or greenhouse gas injection licence, has the meaning given by section 15;

"title"—

        (a)     when used in the definition of registered holder —means a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence, pipeline licence, petroleum special prospecting authority, petroleum access authority, greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority; or

        (b)     when used in Division 2 of Part 1.2—has the meaning given by section 39; or

        (c)     when used in Division 3 of Part 1.2—has the meaning given by section 49; or

        (d)     when used in section 498—has the meaning given by section 498(6) ; or

        (e)     when used in Chapter 4—has the meaning given by section 503; or

        (f)     when used in section 623—has the meaning given by section 623(1) ; or

        (g)     when used in Chapter 5—has the meaning given by section 561; or

        (h)     when used in section 629—has the meaning given by section 629(1) ;

"title area"—

        (a)     when used in Division 3 of Part 1.2—has the meaning given by section 50; or

        (b)     when used in section 621—has the meaning given by section 621(1) ; or

        (c)     when used in section 635—has the meaning given by section 635(6) ;

"titleholder"—

        (a)     when used in Division 3 of Part 1.2—has the meaning given by section 50; or

        (b)     when used in section 621—has the meaning given by section 621(1) ;

vacated area has the meaning given by section 16;

"valve station" means—

        (a)     a greenhouse gas valve station; or

        (b)     a petroleum valve station;

"vessel" means a vessel used in navigation, other than air navigation, and includes a barge, lighter or other floating vessel;

"Victorian Minister" means a Minister of the Crown in right of the State;

"water line" means a pipe, or system of pipes, for conveying water in connection with—

        (a)     petroleum exploration operations; or

        (b)     petroleum recovery operations; or

        (c)     exploration for potential greenhouse gas storage formations; or

        (d)     exploration for potential greenhouse gas injection sites; or

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

        (f)     the injection, on an appraisal basis, of a greenhouse gas substance into a part of a geological formation; or

        (g)     the injection, on an appraisal basis, of air, petroleum or water into a part of a geological formation;

"well" means a hole in the seabed or subsoil made by drilling, boring or any other means in connection with—

        (a)     exploration for petroleum; or

        (b)     petroleum recovery operations; or

        (c)     exploration for potential greenhouse gas storage formations; or

        (d)     exploration for potential greenhouse gas injection sites; or

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

        (f)     the injection, on an appraisal basis, of a greenhouse gas substance into a part of a geological formation; or

        (g)     the injection, on an appraisal basis, of air, petroleum or water into a part of a geological formation

but does not include a seismic shot hole;

"wholly cancelled", in relation to a petroleum exploration permit, petroleum production licence or pipeline licence, means cancelled as to all the blocks, or as to the whole of the pipeline, the subject of the permit or licence;

"wholly revoked", in relation to a petroleum exploration permit or petroleum retention lease, means revoked as to all the blocks the subject of the permit or lease;

S. 6(1) def. of work-bid greenhouse gas assessment permit substituted by No. 26/2021 s. 37(5).

"work-bid greenhouse gas assessment permit" means—

        (a)     a greenhouse gas assessment permit granted under Division 2 of Part 3.2; or

        (b)     a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of renewal of a permit referred to in paragraph (a);

work‑bid petroleum exploration permit means—

        (a)     a petroleum exploration permit granted under Division 2 of Part 2.2 of this Act; or

        (b)     a petroleum exploration permit granted under Division 5 of Part 2.2 of this Act by way of the renewal of a permit referred to in paragraph (a).

    (2)     For the purposes of paragraph (b) of the definition of "regulated operation", assume that each reference in section 371 to a substance were a reference to a greenhouse gas substance.



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