Western Australian Current Acts

BARROW ISLAND ACT 2003 - SECT 13

13 .         Disposal of carbon dioxide underground

        (1)         A person must not inject carbon dioxide into an underground reservoir or other subsurface formation for the purpose of disposing of the carbon dioxide unless the person has the BI Act Minister’s approval under this section to do so.

        Penalty: $50 000.

        (2)         An application for the BI Act Minister’s approval under this section —

            (a)         is to be made in the form and manner approved by the BI Act Minister; and

            (b)         is to be accompanied by particulars of —

                  (i)         the position, size, capacity and geological structure of the underground reservoir or other subsurface formation; and

                  (ii)         the rate of the proposed disposal of the carbon dioxide, the volume and composition of the carbon dioxide proposed to be disposed of and the expected duration of the proposed disposal; and

                  (iii)         the methods proposed to be used for the injection and disposal of the carbon dioxide; and

                  (iv)         the capability of the underground reservoir or other subsurface formation to confine the disposed carbon dioxide; and

                  (v)         technical advice and data available to the applicant in relation to the proposed disposal;

                and

            (c)         is to be accompanied by the prescribed fee, if any.

        (3)         The BI Act Minister may, at any time, require the applicant —

            (a)         to give the BI Act Minister, within the time specified by that Minister, further information in writing in connection with the application; or

            (b)         to inform such other persons as the BI Act Minister considers necessary that the application has been made.

        (4)         In considering an application under this section the BI Act Minister may seek, and have regard to, the advice or information of any person on a matter that in the opinion of that Minister is relevant to the proposed disposal.

        (5)         The BI Act Minister is not to give his or her approval under this section unless the BI Act Minister has consulted, and had regard to the advice, if any, of —

            (a)         the LA Act Minister; and

            (b)         the CALM Act Minister; and

            (c)         any other person who is required to be informed under subsection (3)(b) of the application.

        (6)         The BI Act Minister may grant his or her approval under this section subject to any condition or restriction including, without limiting the generality of the Minister’s discretion, a condition as to —

            (a)         the payment of money to the State; or

            (b)         indemnification of the State; or

            (c)         the transferability or otherwise of the approval.

        [Heading inserted: No. 13 of 2015 s. 4.]