Victorian Consolidated Regulations Victorian Consolidated Regulations(1) This regulation—
(a) is made for the purposes of sections 27(1), 28(1), 29(1), 30(1) and 31(1) of the Act; and
(b) sets out—
(i) information required for the purpose of determining the question (the risk question ) described in any of those subsections; and
(ii) procedures for obtaining or evaluating the information.
Note
Sections 27(1), 28(1), 29(1), 30(1) and 31(1) of the Act describe different risk questions. Broadly, a risk question is whether there is a significant risk that an operation that could be carried on under a licence described in the section will have a significant adverse impact on other operations described in the section.
(2) The person who intends to carry on an operation for which the risk question must be determined (the main operation ) must give the Minister all information that is relevant to allow the Minister to determine the risk question.
(3) If the Minister is not satisfied that the person has given the Minister all information that is relevant, the Minister may request the person, in writing, to give the Minister the information specified in the request for the purpose of determining the risk question.
(4) For the purposes of section 27(1) or 28(1) of the Act, if the title area in which the main operation would be carried on overlaps, in whole or in part, with an area in which an operation is being, or could be, carried on under a greenhouse gas injection licence—
(a) the Minister may request the injection licensee to give the Minister information in relation to whether there is any potential significant risk that the main operation will have a significant adverse impact on operations under the greenhouse gas injection licence; and
(b) the Minister must take any information given by the injection licensee into account when determining the risk question.
(5) For the purposes of section 29(1), 30(1) or 31(1) of the Act, if the title area in which the main operation would be carried on overlaps, in whole or in part, with an area in which an operation is being, or could be, carried on under a petroleum production licence—
(a) the Minister may request the production licensee to give the Minister information in relation to whether there is any potential significant risk that the main operation will have a significant adverse impact on the operation under the petroleum production licence; and
(b) the Minister must take any information given by the production licensee into account when determining the risk question.
(6) The Minister may—
(a) establish an expert advisory committee under section 767 of the Act for the purpose of advising the Minister about the risk question; or
(b) refer a risk question to an expert advisory committee that has already been established.
(7) If the Minister is satisfied that the Minister has sufficient information to be able to consider the risk question, the Minister must determine whether there is a significant risk of a significant adverse impact—
(a) as soon as practicable; and
(b) in the manner set out in regulation 158.