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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 635

Remedial directions to current holders of permits, leases and licences

    (1)     This section applies to—

        (a)     a petroleum exploration permit; or

        (b)     a petroleum retention lease; or

        (c)     a petroleum production licence; or

        (d)     an infrastructure licence; or

        (e)     a pipeline licence.

    (2)     The Minister may, by written notice given to the registered holder of the permit, lease or licence, direct the holder to do any or all of the following things on or before the applicable date—

        (a)     to—

              (i)     remove, or cause to be removed, from the title area all property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or

              (ii)     make arrangements that are satisfactory to the Minister in relation to that property—

        (b)     to plug or close off, to the satisfaction of the Minister, all wells made in the title area by any person engaged or concerned in those operations;

        (c)     to provide, to the satisfaction of the Minister, for the conservation and protection of the natural resources in the title area;

        (d)     to make good, to the satisfaction of the Minister, any damage to the seabed or subsoil in the title area caused by any person engaged or concerned in those operations.

Note

1     For applicable date and title area , see subsection (6).

2     For variation and revocation, see section 41A of the Interpretation of Legislation Act 1984 .

    (3)     In attaining a state of satisfaction for the purposes of subsection (2)(b), the Minister—

        (a)     in the case of a declared petroleum exploration permit, declared petroleum retention lease or declared petroleum production licence—must have regard; or

        (b)     otherwise—may have regard—

to the principle that plugging or closing off wells should be carried out in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.

    (4)     Subsection (2)(c) has effect subject to—

        (a)     Chapter 2; and

        (b)     this Chapter; and

        (c)     the regulations.

    (5)     A person who is given a direction under subsection (2) must not without reasonable excuse contravene the direction.

Penalty:     120 penalty units.

    (6)     For the purposes of this section, the table has effect—

Applicable date and title area


Item


In the case of...


the applicable date is...

and the title area is...

1

a petroleum exploration permit

the expiry date of the permit

the permit area.

2

a petroleum retention lease

the expiry date of the lease

the lease area.

3

a fixed‑term petroleum production licence

the expiry date of the licence

the licence area.

4

a petroleum production licence that is not a fixed‑term petroleum production licence

the first date on which the licence can be terminated under this Act

the licence area.

5

an infrastructure licence

the first date on which the licence can be terminated under this Act

the licence area.

6

a pipeline licence

the first date on which the licence can be terminated under this Act

the part of the offshore area in which the pipeline is constructed.

    (7)     A notice under subsection (2) need not identify the applicable date as a particular calendar date.



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