Victorian Current Acts

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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 643

Remedial directions to former holders of permits, leases, licences and authorities etc.

    (1)     This section applies if an event specified in the table has happened—

Scope

Item

Title

Event

1

Greenhouse gas assessment permit

(a)     the permit has been cancelled;

(b)     the permit has expired.

2

Greenhouse gas holding lease (other than a special greenhouse gas holding lease)

(a)     the lease has been cancelled;

(b)     the lease has expired.

3

Special greenhouse gas holding lease

the lease has been cancelled.

4

Greenhouse gas injection licence

(a)     the licence has been cancelled;

(b)     the licence has been terminated.

5

Greenhouse gas search authority

(a)     the authority has been surrendered;

(b)     the authority has been cancelled;

(c)         the authority has expired.

6

Greenhouse gas special authority

(a)     the authority has been revoked;

(b)     the authority has been surrendered;

(c)         the authority has expired.

    (2)     The Minister may, by written notice given to the person who was, or is, as the case may be, the registered holder of the permit, lease, licence or authority, direct the person to do any or all of the following things within the period specified in the notice—

        (a)     to—

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

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

    (3)     The period specified in the notice must be reasonable.

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

        (a)     Chapter 3; and

        (b)     this Chapter; and

        (c)     the regulations.

    (5)     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.

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

Penalty:     120 penalty units.



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