Victorian Current Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 640

    (1)     This section applies to—

        (a)     a greenhouse gas assessment permit; or

        (b)     a greenhouse gas holding lease; or

        (c)     a greenhouse gas injection licence, if no operations for the injection of a greenhouse gas substance into an identified greenhouse gas storage formation have been carried on under the 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.

Notes

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

        (a)     Chapter 3; and

        (b)     this Chapter; and

        (c)     the regulations.

    (4)     In attaining a state of satisfaction for the purposes of subsection (2)(b), the Minister must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum‑bearing qualities of geological formations.

    (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 greenhouse gas assessment permit	the expiry date of the permit	the permit area.
2	a greenhouse gas holding lease (other than a special greenhouse gas holding lease)	the expiry date of the lease	the lease area.
3	a special greenhouse gas holding lease	the date determined, in writing, by the Minister	the lease area.
4	a greenhouse gas injection licence	the first date on which the licence can be terminated under this Act	the licence area.

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