Victorian Current Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 629

    (1)     In this section—

"greenhouse gas matter" means—

        (a)     exploring for a potential greenhouse gas storage formation; or

        (b)     exploring for a potential greenhouse gas injection site; or

        (c)     the injection of a greenhouse gas substance into the seabed or subsoil of the offshore area; or

        (d)     the storage of a greenhouse gas substance in the seabed or subsoil of the offshore area;

"title" means—

        (a)     a greenhouse gas assessment permit; or

        (b)     a greenhouse gas holding lease; or

        (c)     a greenhouse gas injection licence; or

        (d)     a greenhouse gas search authority; or

        (e)     a greenhouse gas special authority.

    (2)     The Minister may, by written notice given to the registered holder of a title, give the registered holder a direction as to any matter in relation to which regulations may be made.

Notes

1     Section 794 is the main provision setting out matters in relation to which regulations may be made.

2     For enforcement, see section 631.

    (3)     A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to—

        (a)     a specified class of persons, so long as the class consists of, or is included in, either or both of the following classes—

              (i)     employees or agents of, or persons acting on behalf of, the registered holder;

              (ii)     persons performing work or services, whether directly or indirectly, for the registered holder; or

        (b)     any person (other than the registered holder or a person to whom the direction applies in accordance with paragraph (a)) who is—

              (i)     in the offshore area for any reason touching, concerning, arising out of, or connected with, a greenhouse gas matter; or

              (ii)     in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the offshore area for a reason of that kind.

    (4)     If a direction so expressed is given, the direction is taken to apply to each person included in the specified class mentioned in subsection (3)(a) or to each person who is in the offshore area as mentioned in subsection (3)(b), as the case may be.

Note

For notification requirements, see section 630.

    (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.

    (6)     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.

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

    (8)     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.