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This is a Bill, not an Act. For current law, see the Acts databases.
Presented and read a first time
Offshore Petroleum Amendment (Greenhouse Gas Storage) Bill 2008
No. , 2008
(Resources, Energy and Tourism)
A Bill for an Act to amend the Offshore Petroleum Act 2006, and for other purposes
Offshore Petroleum Amendment (Greenhouse Gas Storage) Bill 2008 No. , 2008
Offshore Petroleum Amendment (Greenhouse Gas Storage) Bill 2008 No. , 2008
Contents
1 Short title 1
2 Commencement 1
3 Schedule(s) 8
Schedule 1--Amendments relating to greenhouse gas storage etc. 9
Offshore Petroleum Act 2006 9
Schedule 2--Amendments to change references to petroleum titles etc. 366
Part 1--Definitions 366
Offshore Petroleum and Greenhouse Gas Storage Act 2006 366
Part 2--References to petroleum titles etc. 377
Offshore Petroleum and Greenhouse Gas Storage Act 2006 377
Part 3--Consequential amendments 385
Offshore Petroleum (Royalty) Act 2006 385
Petroleum Excise (Prices) Act 1987 387
Petroleum Resource Rent Tax Assessment Act 1987 387
Schedule 3--Other consequential amendments 388
Australian Energy Market Act 2004 388
Australian Postal Corporation Act 1989 388
Coral Sea Islands Act 1969 388
Corporations Act 2001 388
Crimes at Sea Act 2000 388
Customs Act 1901 389
Customs Tariff Act 1995 389
Environment Protection and Biodiversity Conservation Act 1999 389
Gas Pipelines Access (Commonwealth) Act 1998 389
Income Tax Assessment Act 1936 390
International Tax Agreements Act 1953 390
Maritime Transport and Offshore Facilities Security Act 2003 390
Migration Act 1958 391
Navigation Act 1912 391
Occupational Health and Safety (Maritime Industry) Act 1993 391
Offshore Minerals Act 1994 391
Offshore Petroleum Amendment (Greater Sunrise) Act 2007 392
Offshore Petroleum (Repeals and Consequential Amendments) Act 2006 392
Offshore Petroleum (Royalty) Act 2006 392
Petroleum Excise (Prices) Act 1987 393
Petroleum Resource Rent Tax Assessment Act 1987 393
Quarantine Act 1908 396
Radiocommunications Act 1992 396
Sea Installations Act 1987 397
Telecommunications Act 1997 397
Trade Practices Act 1974 397
Schedule 4--Renumbering the Offshore Petroleum and Greenhouse Gas Storage Act 2006 398
Part 1--Renumbering the Offshore Petroleum and Greenhouse Gas Storage Act 2006 398
Offshore Petroleum and Greenhouse Gas Storage Act 2006 398
Part 2--Consequential amendments 400
Australian Energy Market Amendment (Gas Legislation) Act 2007 400
Gas Pipelines Access (Commonwealth) Act 1998 400
Offshore Petroleum (Repeals and Consequential Amendments) Act 2006 401
Offshore Petroleum (Royalty) Act 2006 401
Petroleum Resource Rent Tax Assessment Act 1987 402
Part 3--References in other Acts etc. to renumbered provisions 403
Schedule 4 Renumbering the Offshore Petroleum and Greenhouse Gas Storage Act 2006
Part 2 Consequential amendments
Renumbering the Offshore Petroleum and Greenhouse Gas Storage Act 2006 Schedule 4
References in other Acts etc. to renumbered provisions Part 3
Offshore Petroleum Amendment (Greenhouse Gas Storage) Bill 2008 No. , 2008
Offshore Petroleum Amendment (Greenhouse Gas Storage) Bill 2008 No. , 2008
Offshore Petroleum Amendment (Greenhouse Gas Storage) Bill 2008 No. , 2008
A Bill for an Act to amend the Offshore Petroleum Act 2006, and for other purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table
The day on which this Act receives the Royal Assent.
2. Schedule 1
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of item 32 of Schedule 1 to the Offshore Petroleum Amendment (Miscellaneous Measures) Act 2008.
3. Schedule 2, Part 1
Immediately after the commencement of Schedule 1 to this Act.
4. Schedule 2, Part 2
Immediately after the commencement of Schedule 1 to this Act.
5. Schedule 2, items 44A to 57
Immediately after the commencement of Schedule 1 to this Act.
6. Schedule 2, items 58 to 61
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 2 to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006.
7. Schedule 2, items 62 and 63
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 1 to the Offshore Petroleum Amendment (Greater Sunrise) Act 2007.
8. Schedule 2, items 64 and 65
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 2 to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006.
9. Schedule 3, item 1
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of item 1 of Schedule 2 to the Australian Energy Market Amendment (Gas Legislation) Act 2007.
However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.
10. Schedule 3, item 2
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 2 to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006.
11. Schedule 3, items 3 to 11
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 2 to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006.
12. Schedule 3, items 12 and 13
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 1 to the Customs Tariff Amendment (Greater Sunrise) Act 2007.
13. Schedule 3, item 14
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 2 to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006.
14. Schedule 3, items 14A to 14D
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 2 to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006.
However, if Schedule 1 to the Australian Energy Market Amendment (Gas Legislation) Act 2007 commences before the commencement of Schedule 2 to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006, the provision(s) do not commence at all.
15. Schedule 3, items 15 to 31
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 2 to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006.
16. Schedule 3, item 31AA
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 1 to the Offshore Petroleum Amendment (Greater Sunrise) Act 2007.
17. Schedule 3, item 31AB
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 2 to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006.
18. Schedule 3, items 31A to 31F
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of section 3 of the Offshore Petroleum (Royalty) Act 2006.
19. Schedule 3, items 32 to 39
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 2 to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006.
20. Schedule 3, items 39A and 39B
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 1 to the Offshore Petroleum Amendment (Greater Sunrise) Act 2007.
21. Schedule 3, item 40
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 2 to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006.
22. Schedule 3, item 41
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of item 3 of Schedule 3 to the Petroleum Resource Rent Tax Assessment Amendment Act 2006.
23. Schedule 3, items 42 and 43
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 2 to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006.
24. Schedule 3, items 44 and 45
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 1 to the Offshore Petroleum Amendment (Greater Sunrise) Act 2007.
25. Schedule 3, items 46 to 48
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 2 to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006.
26. Schedule 3, items 48A and 48B
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 1 to the Offshore Petroleum Amendment (Greater Sunrise) Act 2007.
27. Schedule 3, item 49
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 2 to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006.
28. Schedule 3, item 49A
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 1 to the Offshore Petroleum Amendment (Greater Sunrise) Act 2007.
29. Schedule 3, items 50 to 57
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 2 to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006.
30. Schedule 3, items 57A and 57B
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 1 to the Offshore Petroleum Amendment (Greater Sunrise) Act 2007.
31. Schedule 3, items 58 to 60
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of Schedule 2 to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006.
32. Schedule 4, Part 1
Immediately after the commencement of Part 1 of Schedule 2 to this Act.
33. Schedule 4, item 1A
The day on which this Act receives the Royal Assent.
34. Schedule 4, items 2 to 4
The later of:
(a) the day after this Act receives the Royal Assent; and
(b) immediately after the commencement of items 14A to 14D of Schedule 3.
However, if Schedule 1 to the Australian Energy Market Amendment (Gas Legislation) Act 2007 commences before the commencement of Schedule 2 to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006, the provision(s) do not commence at all.
35. Schedule 4, item 5
Immediately after the commencement of item 31AB of Schedule 3 to this Act.
36. Schedule 4, item 5A
Immediately after the commencement of item 31D of Schedule 3 to this Act.
37. Schedule 4, item 5B
Immediately after the commencement of item 31E of Schedule 3 to this Act.
38. Schedule 4, item 5C
Immediately after the commencement of item 31F of Schedule 3 to this Act.
39. Schedule 4, item 6
Immediately after the commencement of item 37 of Schedule 3 to this Act.
40. Schedule 4, item 7
Immediately after the commencement of item 40 of Schedule 3 to this Act.
41. Schedule 4, item 7A
Immediately after the commencement of item 48B of Schedule 3 to this Act.
42. Schedule 4, item 7B
Immediately after the commencement of item 49A of Schedule 3 to this Act.
43. Schedule 4, item 8
Immediately after the commencement of item 50 of Schedule 3 to this Act.
44. Schedule 4, item 9
Immediately after the commencement of item 54 of Schedule 3 to this Act.
45. Schedule 4, item 10
Immediately after the commencement of Part 1 of Schedule 2 to this Act.
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1--Amendments relating to greenhouse gas storage etc.
Offshore Petroleum Act 2006
1 Title
Omit "offshore petroleum", substitute "petroleum exploration and recovery, and the injection and storage of greenhouse gas substances, in offshore areas".
2 Section 1
After "Offshore Petroleum", insert "and Greenhouse Gas Storage".
Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act's previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901).
3 Section 3
Omit:
*¢ This Act sets up a system for regulating the following activities in offshore areas:
(a) exploration for petroleum;
(b) recovery of petroleum;
(c) construction and operation of petroleum-related infrastructure facilities;
(d) construction and operation of petroleum pipelines.
substitute:
*¢ This Act sets up a system for regulating the following activities in offshore areas:
(a) exploration for petroleum;
(b) recovery of petroleum;
(c) construction and operation of infrastructure facilities relating to petroleum or greenhouse gas substances;
(d) construction and operation of pipelines for conveying petroleum or greenhouse gas substances;
(e) exploration for potential greenhouse gas storage formations;
(f) injection and storage of greenhouse gas substances.
4 Section 3
Omit:
*¢ This Act provides for the grant of the following titles:
(a) an exploration permit (see Part 2.2);
(b) a retention lease (see Part 2.3);
(c) a production licence (see Part 2.4);
(d) an infrastructure licence (see Part 2.5);
(e) a pipeline licence (see Part 2.6);
(f) a special prospecting authority (see Part 2.7);
(g) an access authority (see Part 2.8).
substitute:
*¢ This Act provides for the grant of the following titles:
(a) an exploration permit (see Part 2.2);
(b) a retention lease (see Part 2.3);
(c) a production licence (see Part 2.4);
(d) an infrastructure licence (see Part 2.5);
(e) a pipeline licence (see Part 2.6);
(f) a special prospecting authority (see Part 2.7);
(g) an access authority (see Part 2.8);
(h) a greenhouse gas assessment permit (see Part 2A.2);
(i) a greenhouse gas holding lease (see Part 2A.3);
(j) a greenhouse gas injection licence (see Part 2A.4);
(k) a greenhouse gas search authority (see Part 2A.5);
(l) a greenhouse gas special authority (see Part 2A.6).
5 Section 3
Before:
*¢ The National Offshore Petroleum Safety Authority is responsible for the administration of occupational health and safety provisions.
insert:
*¢ The responsible Commonwealth Minister is responsible for the administration of greenhouse gas injection and storage provisions.
6 Section 6 (definition of Annual Fees Act)
After "Offshore Petroleum", insert "and Greenhouse Gas Storage".
7 Section 6 (definition of approved)
Repeal the definition, substitute:
approved:
(a) when used in any of the following provisions:
(i) Chapter 2A;
(ii) Chapter 3A;
(iii) Chapter 5A;
(iv) section 441A;
means approved in writing by the responsible Commonwealth Minister; or
(b) in any other case--means approved in writing by the Designated Authority.
This definition does not apply to the expression approved site plan.
8 Section 6
Insert:
approved site plan means a site plan in respect of which an approval is in force under the regulations.
Note: See section 249ND.
9 Section 6 (at the end of the definition of authority area)
Add:
; or (c) when used in relation to a greenhouse gas search authority--means the area constituted by the block or blocks that are the subject of the greenhouse gas search authority; or
(d) when used in relation to a greenhouse gas special authority--means the area to which the greenhouse gas special authority relates.
10 Section 6
Insert:
cash-bid greenhouse gas assessment permit means a greenhouse gas assessment permit granted under Division 3 of Part 2A.2.
11 Section 6
Insert:
declared exploration permit has the meaning given by section 79B.
12 Section 6
Insert:
declared greenhouse gas facility has the meaning given by section 14B.
13 Section 6
Insert:
declared production licence has the meaning given by section 138B.
14 Section 6
Insert:
declared retention lease has the meaning given by section 114B.
15 Section 6
Insert:
detection agent means a substance, whether in a gaseous or liquid state, that:
(a) when added to:
(i) another substance; or
(ii) a mixture of other substances;
facilitates the monitoring of the behaviour of that other substance or that mixture, as the case may be; and
(b) is specified in the regulations.
15A Section 6
Insert:
eligible greenhouse gas storage formation has the meaning given by section 15B.
16 Section 6 (definition of expiry date)
Repeal the definition, substitute:
expiry date:
(a) when used in relation to an exploration permit, retention lease or production licence--has the meaning given by subsection 9(1); or
(b) when used in relation to a greenhouse gas assessment permit or a greenhouse gas holding lease (other than a special greenhouse gas holding lease)--has the meaning given by subsection 9(2).
17 Section 6 (definition of explore)
Repeal the definition, substitute:
explore:
(a) when used in relation to petroleum--has a meaning affected by subsection 15(1); or
(b) when used in relation to a potential greenhouse gas storage formation--has a meaning affected by subsections 15(2) and (3); or
(c) when used in relation to a potential greenhouse gas injection site--has a meaning affected by subsection 15(4).
18 Section 6
Insert:
fundamental suitability determinants:
(a) when used in relation to an eligible greenhouse gas storage formation--has the meaning given by subsection 15B(8); or
(b) when used in relation to an identified greenhouse gas storage formation--has the meaning given by subsection 249AU(10).
19 Section 6
Insert:
geological formation includes:
(a) any seal or reservoir of a geological formation; and
(b) any associated geological attributes or features of a geological formation.
20 Section 6 (definition of Greater Sunrise visiting inspector)
Before "project", insert "petroleum".
21 Section 6
Insert:
greenhouse gas assessment permit means a greenhouse gas assessment permit granted under Part 2A.2.
22 Section 6
Insert:
greenhouse gas assessment permit area means the permit area of a greenhouse gas assessment permit.
23 Section 6
Insert:
greenhouse gas assessment permittee means the registered holder of a greenhouse gas assessment permit.
24 Section 6
Insert:
greenhouse gas facility line means a pipe, or system of pipes, that is:
(a) for conveying a greenhouse gas substance; and
(b) part of a declared greenhouse gas facility.
25 Section 6
Insert:
greenhouse gas holding lease means a greenhouse gas holding lease granted under Part 2A.3.
26 Section 6
Insert:
greenhouse gas holding lease area means the lease area of a greenhouse gas holding lease.
27 Section 6
Insert:
greenhouse gas holding lessee means the registered holder of a greenhouse gas holding lease.
28 Section 6
Insert:
greenhouse gas infrastructure line means a pipe, or system of pipes, that is:
(a) for conveying a greenhouse gas substance; and
(b) part of an infrastructure facility.
29 Section 6
Insert:
greenhouse gas injection licence means a greenhouse gas injection licence granted under Part 2A.4.
30 Section 6
Insert:
greenhouse gas injection licence area means the licence area of a greenhouse gas injection licence.
31 Section 6
Insert:
greenhouse gas injection licensee means the registered holder of a greenhouse gas injection licence.
32 Section 6
Insert:
greenhouse gas injection line means a pipe, or system of pipes, for:
(a) conveying a greenhouse gas substance to be compressed, processed or otherwise prepared for injection into an identified greenhouse gas storage formation; or
(b) conveying a greenhouse gas substance for storage prior to being injected into an identified greenhouse gas storage formation; or
(c) conveying a greenhouse gas substance for injection into an identified greenhouse gas storage formation;
so long as the greenhouse gas substance does not pass through a terminal point on the pipe, or system of pipes, as the case may be, before it is injected into the identified greenhouse gas storage formation.
33 Section 6
Insert:
greenhouse gas pipeline means:
(a) a pipe, or system of pipes, in an offshore area for conveying a greenhouse gas substance, other than:
(i) a greenhouse gas injection line; or
(ii) a greenhouse gas infrastructure line; or
(iii) a greenhouse gas facility line; or
(iv) a pipe, or a system of pipes, that is specified in the regulations; or
(b) a part of a pipe covered by paragraph (a); or
(c) a part of a system of pipes covered by paragraph (a).
34 Section 6
Insert:
greenhouse gas project inspector means a person appointed as a greenhouse gas project inspector under section 316-318.
35 Section 6
Insert:
greenhouse gas pumping station means equipment for pumping a greenhouse gas substance or water, and includes any structure associated with that equipment.
36 Section 6
Insert:
greenhouse gas research consent means a greenhouse gas research consent granted under Part 2A.7.
37 Section 6
Insert:
greenhouse gas search authority means a greenhouse gas search authority granted under Part 2A.5.
38 Section 6
Insert:
greenhouse gas special authority means a greenhouse gas special authority granted under Part 2A.6.
39 Section 6
Insert:
greenhouse gas substance means:
(a) carbon dioxide, whether in a gaseous or liquid state; or
(b) a prescribed greenhouse gas, whether in a gaseous or liquid state; or
(c) a mixture of any or all of the following substances:
(i) carbon dioxide, whether in a gaseous or liquid state;
(ii) one or more prescribed greenhouse gases, whether in a gaseous or liquid state;
(iii) one or more incidental greenhouse gas-related substances, whether in a gaseous or liquid state, that relate to either or both of the substances mentioned in subparagraphs (i) and (ii);
(iv) a prescribed detection agent, whether in a gaseous or liquid state;
so long as:
(v) the mixture consists overwhelmingly of either or both of the substances mentioned in subparagraphs (i) and (ii); and
(vi) if the mixture includes a prescribed detection agent--the concentration of the prescribed detection agent in the mixture is not more than the concentration prescribed in relation to that detection agent.
40 Section 6
Insert:
greenhouse gas tank station means a tank, or system of tanks, for holding or storing a greenhouse gas substance, and includes any structure associated with that tank or system of tanks.
41 Section 6
Insert:
greenhouse gas valve station means equipment for regulating the flow of a greenhouse gas substance, and includes any structure associated with that equipment.
42 Section 6
Insert:
identified greenhouse gas storage formation has the meaning given by section 249AU.
43 Section 6
Insert:
incidental greenhouse gas-related substance has the meaning given by section 15D.
44 Section 6
Insert:
key greenhouse gas operation means:
(a) an operation to make a well; or
(b) an operation to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation; or
(c) an operation to store, on an appraisal basis, a greenhouse gas substance in a part of a geological formation; or
(d) an operation to inject, on an appraisal basis, air, petroleum or water into a part of a geological formation; or
(e) an operation to store, on an appraisal basis, air, petroleum or water in a part of a geological formation; or
(f) an operation to carry out a seismic survey or any other kind of survey; or
(g) an operation to monitor the behaviour of:
(i) a greenhouse gas substance; or
(ii) air; or
(iii) petroleum; or
(iv) water;
stored in a part of a geological formation; or
(h) an operation to carry out baseline investigations relating to the storage of a greenhouse gas substance in a part of the geological formation; or
(i) an operation to take samples of the seabed or subsoil of an offshore area; or
(j) an operation specified in the regulations.
45 Section 6
Insert:
key petroleum operation means:
(a) an operation to make a well; or
(b) an operation to inject a substance into a part of a geological formation; or
(c) an operation to store a substance in a part of a geological formation; or
(d) an operation to carry out a seismic survey or any other kind of survey; or
(e) an operation to monitor the behaviour of a substance stored in a part of a geological formation; or
(f) an operation to take samples of the seabed or subsoil of an offshore area; or
(g) an operation specified in the regulations.
46 Section 6 (definition of lease area)
Repeal the definition, substitute:
lease area:
(a) when used in relation to a retention lease--means the area constituted by the block or blocks that are the subject of the retention lease; or
(b) when used in relation to a greenhouse gas holding lease--means the area constituted by the block or blocks that are the subject of the greenhouse gas holding lease.
47 Section 6 (definition of lessee)
Repeal the definition, substitute:
lessee:
(a) when used in relation to a retention lease--means the registered holder of the retention lease; or
(b) when used in relation to a greenhouse gas holding lease--means the registered holder of the greenhouse gas holding lease.
48 Section 6 (at the end of the definition of licence area) (before the note)
Add:
; or (c) when used in relation to a greenhouse gas injection licence--means the area constituted by the block or blocks that are the subject of the greenhouse gas injection licence.
49 Section 6 (at the end of the definition of licensee)
Add:
; or (d) when used in relation to a greenhouse gas injection licence--means the registered holder of the greenhouse gas injection licence.
50 Section 6
Insert:
original retention lease means a retention lease that was granted otherwise than by way of renewal.
51 Section 6 (definition of partly surrendered)
Omit "or production licence", substitute ", production licence or greenhouse gas injection licence".
52 Section 6
Insert:
part of a geological formation includes a part of a combination of geological formations.
53 Section 6 (definition of permit area)
Repeal the definition, substitute:
permit area:
(a) when used in relation to an exploration permit--means the area constituted by the block or blocks that are the subject of the exploration permit; or
(b) when used in relation to a greenhouse gas assessment permit--means the area constituted by the block or blocks that are the subject of the greenhouse gas assessment permit.
54 Section 6 (definition of permittee)
Repeal the definition, substitute:
permittee:
(a) when used in relation to an exploration permit--means the registered holder of the exploration permit; or
(b) when used in relation to a greenhouse gas assessment permit--means the registered holder of the greenhouse gas assessment permit.
55 Section 6
Insert:
petroleum pipeline means:
(a) a pipe, or system of pipes, in an offshore area for conveying petroleum (whether or not the petroleum is recovered from an offshore area), other than a secondary line; or
(b) a part of a pipe covered by paragraph (a); or
(c) a part of a system of pipes covered by paragraph (a).
56 Section 6
Insert:
petroleum project inspector means a person appointed as a petroleum project inspector under section 318.
57 Section 6
Insert:
petroleum pumping station means equipment for pumping petroleum or water, and includes any structure associated with that equipment.
58 Section 6
Insert:
petroleum tank station means a tank, or system of tanks, for holding or storing petroleum, and includes any structure associated with that tank or system of tanks.
59 Section 6
Insert:
petroleum valve station means equipment for regulating the flow of petroleum, and includes any structure associated with that equipment.
60 Section 6 (definition of pipeline)
Repeal the definition, substitute:
pipeline means:
(a) a petroleum pipeline; or
(b) a greenhouse gas pipeline.
61 Section 6 (definition of pipeline provisions)
Repeal the definition, substitute:
pipeline provisions means the following:
(a) Part 2.6;
(b) the definition of greenhouse gas pipeline in this section;
(c) the definition of greenhouse gas pumping station in this section;
(d) the definition of greenhouse gas tank station in this section;
(e) the definition of greenhouse gas valve station in this section;
(f) the definition of petroleum pipeline in this section;
(g) the definition of petroleum pumping station in this section;
(h) the definition of petroleum tank station in this section;
(i) the definition of petroleum valve station in this section;
(j) the definition of pipeline in this section;
(k) item 3 of the table in subsection 301(1).
62 Section 6
Insert:
post-commencement exploration permit means:
(a) an original exploration permit that was granted after the commencement of this section; or
(b) an exploration permit that was granted by way of renewal, where the original exploration permit was granted after the commencement of this section.
63 Section 6
Insert:
post-commencement petroleum title means:
(a) a post-commencement exploration permit; or
(b) a post-commencement retention lease; or
(c) a post-commencement production licence.
64 Section 6
Insert:
post-commencement production licence means:
(a) a production licence that was granted to the registered holder of:
(i) a post-commencement exploration permit; or
(ii) a post-commencement retention lease;
that was in force over the block or blocks to which the production licence relates; or
(b) a production licence granted under section 153; or
(c) a production licence granted under section 155, where the initial production licence mentioned in section 154 was a post-commencement production licence.
65 Section 6
Insert:
post-commencement retention lease means:
(a) an original retention lease that was granted to the registered holder of:
(i) a post-commencement exploration permit; or
(ii) a post-commencement production licence;
that was in force over the block or blocks to which the original retention lease relates; or
(b) a retention lease that was granted by way of renewal, where the original retention lease was granted to the registered holder of:
(i) a post-commencement exploration permit; or
(ii) a post-commencement production licence;
that was in force over the block or blocks to which the original retention lease related.
66 Section 6
Insert:
potential greenhouse gas injection site has the meaning given by section 15C.
67 Section 6
Insert:
potential greenhouse gas storage formation has the meaning given by section 15A.
68 Section 6
Insert:
pre-commencement exploration permit means an exploration permit other than a post-commencement exploration permit.
69 Section 6
Insert:
pre-commencement petroleum title means:
(a) a pre-commencement exploration permit; or
(b) a pre-commencement retention lease; or
(c) a pre-commencement production licence.
70 Section 6
Insert:
pre-commencement production licence means a production licence other than a post-commencement production licence.
71 Section 6
Insert:
pre-commencement retention lease means a retention lease other than a post-commencement retention lease.
72 Section 6 (definition of project inspector)
Repeal the definition.
73 Section 6 (definition of pumping station)
Repeal the definition, substitute:
pumping station means:
(a) a greenhouse gas pumping station; or
(b) a petroleum pumping station.
74 Section 6 (definition of Register)
Repeal the definition, substitute:
Register:
(a) when used in Chapter 3--has the meaning given by section 251; or
(b) when used in Chapter 3A--has the meaning given by section 298-251.
75 Section 6 (definition of registered holder)
After "Register", insert "kept under section 253 or 298-253".
76 Section 6 (definition of registered holder)
Omit "or access authority", substitute ", access authority, greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority".
77 Section 6 (definition of Registration Fees Act)
After "Offshore Petroleum", insert "and Greenhouse Gas Storage".
78 Section 6 (definition of regulated operation)
Repeal the definition, substitute:
regulated operation means:
(a) an activity to which Chapter 2 applies; or
(b) an activity to which Chapter 2A applies.
For the purposes of paragraph (b), assume that each reference in subsection 249CC(1) to a substance were a reference to a greenhouse gas substance.
79 Section 6 (definition of renewal)
Repeal the definition, substitute:
renewal:
(a) when used in relation to an exploration permit, retention lease or production licence--has the meaning given by subsection 10(1); or
(b) when used in relation to a greenhouse gas holding lease--has the meaning given by subsection 10(2).
80 Section 6
Insert:
serious situation, in relation to an identified greenhouse gas storage formation, has the meaning given by section 249CZ.
81 Section 6
Insert:
significant risk has a meaning affected by section 15E.
82 Section 6
Insert:
site closing certificate means a certificate issued under section 249CZGA.
83 Section 6
Insert:
site plan, in relation to an identified greenhouse gas storage formation, has the meaning given by section 15E.
84 Section 6
Insert:
special greenhouse gas holding lease means a greenhouse gas holding lease granted under section 249BSC.
85 Section 6 (definition of tank station)
Repeal the definition, substitute:
tank station means:
(a) a greenhouse gas tank station; or
(b) a petroleum tank station.
86 Section 6 (definition of term)
Repeal the definition, substitute:
term:
(a) when used in relation to an exploration permit, retention lease, production licence, infrastructure licence, pipeline licence, special prospecting authority or access authority--has the meaning given by subsection 9(1); or
(b) when used in relation to a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority--has the meaning given by subsection 9(2).
87 Section 6
Insert:
terminal point has the meaning given by section 14A.
88 Section 6 (after paragraph (e) of the definition of title)
Insert:
(ea) when used in section 249NH--has the meaning given by subsection 249NH(6); or
89 Section 6 (paragraph (h) of the definition of title)
Repeal the paragraph, substitute:
(h) when used in Chapter 3A--has the meaning given by section 298-251; or
(i) when used in section 316-305--has the meaning given by subsection 316-305(1).
90 Section 6 (definition of valve station)
Repeal the definition, substitute:
valve station means:
(a) a greenhouse gas valve station; or
(b) a petroleum valve station.
91 Section 6 (at the end of the definition of water line)
Add:
; or (c) exploration for potential greenhouse gas storage formations; or
(d) exploration for potential greenhouse gas injection sites; or
(e) the injection of a greenhouse gas substance into an identified greenhouse gas storage formation; or
(f) the injection, on an appraisal basis, of a greenhouse gas substance into a part of a geological formation; or
(g) the injection, on an appraisal basis, of air, petroleum or water into a part of a geological formation.
92 Section 6 (at the end of paragraph (b) of the definition of well)
Add "or".
93 Section 6 (after paragraph (b) of the definition of well)
Insert:
(c) exploration for potential greenhouse gas storage formations; or
(d) exploration for potential greenhouse gas injection sites; or
(e) the injection of a greenhouse gas substance into an identified greenhouse gas storage formation; or
(f) the injection, on an appraisal basis, of a greenhouse gas substance into a part of a geological formation; or
(g) the injection, on an appraisal basis, of air, petroleum or water into a part of a geological formation;
94 Section 6
Insert:
work-bid greenhouse gas assessment permit means a greenhouse gas assessment permit granted under Division 2 of Part 2A.2.
95 Section 9
Before "For", insert "(1)".
Note: The following heading to subsection 9(1) is inserted "Petroleum titles".
96 At the end of section 9
Add:
Greenhouse gas titles
(2) For the purposes of this Act, the table has effect:
Term of title etc.
Item
A reference in this Act to...
is a reference to...
1
the term of:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence; or
(d) a greenhouse gas search authority; or
(e) a greenhouse gas special authority;
the period during which the permit, lease, licence or authority remains in force.
2
a year of the term of:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence;
a period of one year beginning on:
(a) the day on which the permit, lease or licence comes into force; or
(b) any anniversary of that day.
3
the expiry date of:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease (other than a special greenhouse gas holding lease);
the day on which the permit or lease ceases to be in force.
97 Section 10
Before "For", insert "(1)".
Note: The following heading to subsection 10(1) is inserted "Petroleum titles".
98 At the end of section 10
Add:
Greenhouse gas holding lease
(2) For the purposes of this Act, the table has effect:
Renewal of title
Column 1
Column 2
Item
A reference in this Act to...
is a reference to...
1
the renewal, or the grant of a renewal, of a greenhouse gas holding lease
the grant of a greenhouse gas holding lease over all of the blocks in relation to which the lease mentioned in column 1 was in force, to begin on the day after the expiry date of the lease mentioned in column 1.
99 Section 11
Before "If", insert "(1)".
Note: The following heading to subsection 11(1) is inserted "Petroleum titles".
100 At the end of section 11
Add:
Greenhouse gas titles
(2) If:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence; or
(d) a greenhouse gas search authority; or
(e) a greenhouse gas special authority;
is varied, a reference in this Act to the permit, lease, licence or authority is a reference to the permit, lease, licence or authority as varied.
101 Section 12 (at the end of the table)
Add:
11
a greenhouse gas assessment permit that has expired
the area constituted by the blocks over which the permit was in force.
12
a greenhouse gas holding lease (other than a special greenhouse gas holding licence) that has expired
the area constituted by the blocks over which the lease was in force but has not been renewed.
13
a greenhouse gas assessment permit that has been cancelled
the permit area.
14
a greenhouse gas holding lease that has been cancelled
the lease area.
15
a greenhouse gas injection licence that has been cancelled
the licence area.
16
a greenhouse gas search authority that:
(a) has been surrendered or cancelled; or
(b) has expired
the authority area.
17
a greenhouse gas special authority that:
(a) has been revoked or surrendered; or
(b) has expired
the authority area.
102 Subsection 13(1)
After "(2)", insert "or (3)".
Note: The heading to subsection 13(2) is replaced by the heading "Petroleum activities".
103 At the end of section 13
Add:
Greenhouse gas activities
(3) This subsection applies to the following activities:
(a) activities preparatory to injecting a greenhouse gas substance into an identified greenhouse gas storage formation (for example, controlling the flow of a greenhouse gas substance into the relevant well);
(b) preparing a greenhouse gas substance for injection into an identified greenhouse gas storage formation (for example, pumping, processing or compressing);
(c) preparing a greenhouse gas substance for transport to another place (for example, pumping or compressing);
(d) storing a greenhouse gas substance before it is:
(i) transported to another place; or
(ii) injected into an identified greenhouse gas storage formation; or
(iii) subjected to any other activity at a facility, structure or installation;
(e) monitoring the behaviour of a greenhouse gas substance stored in an identified greenhouse gas storage formation;
(f) remote control of facilities, structures or installations used to:
(i) inject a greenhouse gas substance into an identified greenhouse gas storage formation; or
(ii) store a greenhouse gas substance in an identified greenhouse gas storage formation; or
(iii) do anything mentioned in any of the above paragraphs;
(g) activities related to any of the above.
(4) For the purposes of subsection (3), the injection of a greenhouse gas substance into an identified greenhouse gas storage formation is taken to take place at the top of the relevant well.
104 Paragraphs 14(1)(a), (b) and (c)
After "specified", insert "petroleum".
105 At the end of section 14
Add:
(3) To avoid doubt, a declaration may be made under subsection (1) whether or not a person has applied for a pipeline licence.
106 After section 14
Insert:
14A Terminal point
(1) The responsible Commonwealth Minister may, by notice published in the Gazette, declare that a specified point on a pipe, or system of pipes, for conveying a greenhouse gas substance is a terminal point for the purposes of this Act.
(2) A declaration under subsection (1) has effect accordingly.
(3) To avoid doubt, a declaration may be made under subsection (1) whether or not a person has applied for a pipeline licence.
14B Declared greenhouse gas facility
(1) The responsible Commonwealth Minister may, by notice published in the Gazette, declare that a specified facility, structure or installation in a greenhouse gas injection licence area is a declared greenhouse gas facility for the purposes of this Act.
(2) A declaration under subsection (1) has effect accordingly.
107 Section 15
Before "For", insert "(1)".
Note: The following heading to subsection 15(1) is inserted "Petroleum".
108 At the end of section 15
Add:
Potential greenhouse gas storage formation
(2) For the purposes of this Act, if:
(a) a person:
(i) carries out a seismic survey, or any other kind of survey, in an offshore area; or
(ii) takes samples of the seabed or subsoil of an offshore area; and
(b) the person does so with the intention that the person or another could use the survey data, or information derived from the samples, as the case may be, for the purpose of discovering one or more potential greenhouse gas storage formations;
the person is taken to explore for those potential greenhouse gas storage formations.
(3) For the purposes of this Act, if:
(a) a person has reasonable grounds to suspect that a part of a geological formation could be an eligible greenhouse gas storage formation; and
(b) the person carries out an activity for the purposes of ascertaining either or both of the following:
(i) the spatial extent of the eligible greenhouse gas storage formation;
(ii) any of the fundamental suitability determinants of the eligible greenhouse gas storage formation;
the person is taken to explore for a potential greenhouse gas formation.
Potential greenhouse gas injection site
(4) For the purposes of this Act, if:
(a) a person:
(i) carries out a seismic survey, or any other kind of survey, in an offshore area; or
(ii) takes samples of the seabed or subsoil of an offshore area; and
(b) the person does so with the intention that the person or another could use the survey data, or information derived from the samples, as the case may be, for the purpose of discovering one or more potential greenhouse gas injection sites;
the person is taken to explore for those potential greenhouse gas injection sites.
109 After section 15
Insert:
15A Potential greenhouse gas storage formation
(1) For the purposes of this Act, a potential greenhouse gas storage formation is a part of a geological formation, where that part is suitable, with or without engineering enhancements, for the permanent storage of a greenhouse gas substance injected into that part.
(2) For the purposes of subsection (1), it is not necessary to identify the greenhouse gas substance.
(3) For the purposes of subsection (1), in determining whether a part of a geological formation is suitable, with or without engineering enhancements, for the permanent storage of a greenhouse gas substance injected into that part, regard may be had to reasonably foreseeable technological developments.
15B Eligible greenhouse gas storage formation
(1) For the purposes of this Act, an eligible greenhouse gas storage formation is a part of a geological formation, where that part:
(a) is suitable, without engineering enhancements, for the permanent storage of a particular amount of a particular greenhouse gas substance injected at a particular point or points into that part over a particular period; or
(b) is suitable, with engineering enhancements, for the permanent storage of a particular amount of a particular greenhouse gas substance injected at a particular point or points into that part over a particular period.
(2) An amount referred to in paragraph (1)(a) or (b) must be at least 100,000 tonnes.
Spatial extent
(3) For the purposes of this Act, the spatial extent of an eligible greenhouse gas storage formation is to be determined by reference to:
(a) the expected migration pathway or pathways of the particular amount of the particular greenhouse gas substance injected as mentioned in whichever of paragraph (1)(a) or (b) is applicable; and
(b) the fundamental suitability determinants; and
(c) such other matters as are relevant.
(4) The regulations may provide that the expected migration pathway or pathways are to be ascertained on the basis of:
(a) one or more assumptions (if any) specified in the regulations; and
(b) a level of probability specified in the regulations; and
(c) a methodology (if any) specified in the regulations.
(5) In determining the spatial extent of an eligible greenhouse gas storage formation for the purposes of this Act, disregard anything that will or could happen after the notional site closing certificate time.
Notional site closing certificate time
(6) For the purposes of the application of subsection (5) to a part of a geological formation covered by paragraph (1)(a), the notional site closing certificate time is worked out as follows:
(a) assume that the particular amount of the particular greenhouse gas substance referred to in that paragraph was injected at the particular point or points referred to in that paragraph over the particular period referred to in that paragraph;
(b) assume that, throughout that period, that part was an identified greenhouse gas storage formation;
(c) assume that, throughout that period, operations for the injection of the greenhouse gas substance into that part:
(i) were authorised by a greenhouse gas injection licence; and
(ii) complied with the requirements of this Act and the regulations;
(d) assume that, at the end of that period, operations for the injection of the greenhouse gas substance into that part ceased;
(e) estimate the earliest time after the end of that period when the responsible Commonwealth Minister would be in a position to issue a site closing certificate in relation to the identified greenhouse gas storage formation;
(f) that time is the notional site closing certificate time.
(7) For the purposes of the application of subsection (5) to a part of a geological formation covered by paragraph (1)(b), the notional site closing certificate time is worked out as follows:
(a) assume that the engineering enhancements referred to in that paragraph had been made;
(b) assume that the particular amount of the particular greenhouse gas substance referred to in that paragraph was injected at the particular point or points referred to in that paragraph over the particular period referred to in that paragraph;
(c) assume that, throughout that period, that part was an identified greenhouse gas storage formation;
(d) assume that, throughout that period, operations for the injection of the greenhouse gas substance into that part:
(i) were authorised by a greenhouse gas injection licence; and
(ii) complied with the requirements of this Act and the regulations;
(e) assume that, at the end of that period, operations for the injection of the greenhouse gas substance into that part ceased;
(f) estimate the earliest time after the end of that period when the responsible Commonwealth Minister would be in a position to issue a site closing certificate in relation to the identified greenhouse gas storage formation;
(g) that time is the notional site closing certificate time.
Fundamental suitability determinants
(8) For the purposes of this Act, the following are the fundamental suitability determinants of an eligible greenhouse gas storage formation:
(a) the particular amount referred to in whichever of paragraph (1)(a) or (b) is applicable;
(b) the particular greenhouse gas substance referred to in whichever of paragraph (1)(a) or (b) is applicable;
(c) the particular point or points referred to in whichever of paragraph (1)(a) or (b) is applicable;
(d) the particular period referred to in whichever of paragraph (1)(a) or (b) is applicable;
(e) if paragraph (1)(b) is applicable--the engineering enhancements referred to in that paragraph;
(f) the effective sealing feature, attribute or mechanism that enables the permanent storage referred to in whichever of paragraph (1)(a) or (b) is applicable.
15C Potential greenhouse gas injection site
For the purposes of this Act, a potential greenhouse gas injection site is a place that:
(a) is a suitable place to make a well or wells to inject a greenhouse gas substance into a part of a geological formation; and
(b) is wholly situated in one or more offshore areas.
15D Incidental greenhouse gas-related substance
Scope
(1) This section applies if either or both of the following substances (primary greenhouse gas substances) are captured from a particular source material:
(a) carbon dioxide;
(b) one or more prescribed greenhouse gases.
Incidental greenhouse gas-related substance
(2) For the purposes of this Act, the following are incidental greenhouse gas-related substances in relation to a primary greenhouse gas substance:
(a) any substance that is incidentally derived from the source material;
(b) any substance that is incidentally derived from the capture;
(c) if the primary greenhouse gas substance, whether in a pure form or in a mixture with other substances, is transported--any substance that is incidentally derived from the transportation;
(d) if the primary greenhouse gas substance, whether in a pure form or in a mixture with other substances, is injected into a part of a geological formation--any substance that is incidentally derived from the injection;
(e) if the primary greenhouse gas substance, whether in a pure form or in a mixture with other substances, is stored in a part of a geological formation--any substance that is incidentally derived from the storage.
15E Site plan--identified greenhouse gas storage formation
For the purposes of this Act, a site plan, in relation to an identified greenhouse gas storage formation, is a document that:
(a) relates to the identified greenhouse gas storage formation; and
(b) complies with such requirements as are specified in the regulations; and
(c) is divided into the following parts:
(i) Part A, which sets out predictions for the behaviour of a greenhouse gas substance stored in the identified greenhouse gas storage formation;
(ii) Part B, which deals with other matters.
15F Significant risk
Scope
(1) This section applies if there is a risk that particular operations will have a large adverse impact on other operations.
Low probability
(2) For the purposes of this Act, the risk is taken to be a significant risk even if the probability is low.
15G Direction given by the responsible Commonwealth Minister
A reference in this Act to a direction given by the responsible Commonwealth Minister does not include a reference to a direction given by the responsible Commonwealth Minister:
(a) in his or her capacity as, or as a member of, the Joint Authority for an offshore area; or
(b) in his or her capacity as the Designated Authority for an offshore area.
15H Securities
Greenhouse gas titles
(1) For the purposes of this Act, if:
(a) a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force; and
(b) either:
(i) the successful applicant for the permit, lease or licence lodged a security with the responsible Commonwealth Minister in response to the offer document for the permit, lease or licence; or
(ii) the registered holder, or a former registered holder, of the permit, lease or licence lodged a security with the responsible Commonwealth Minister in response to a notice under section 249NCA; and
(c) the security has not been wholly discharged;
the security is taken to be in force in relation to the permit, lease or licence.
Site closing certificate
(2) For the purposes of this Act, if:
(a) a site closing certificate is in force; and
(b) the successful applicant for the certificate lodged a security with the responsible Commonwealth Minister in response to the pre-certificate notice for the site closing certificate; and
(c) the security has not been wholly discharged;
the security is taken to be in force in relation to the site closing certificate.
Note: For pre-certificate notice, see section 249CZF.
110 Subparagraph 55(1)(a)(i)
Before "this Act", insert "Chapter 2, 3 or 5 of".
111 Subparagraph 55(1)(a)(ii)
Before "the", insert "section 4 of".
112 Subparagraph 55(1)(a)(iii)
Before "the", insert "section 5 or 6 of".
113 Section 57
Omit:
*¢ The general body of laws in force in a State or Territory applies, as laws of the Commonwealth, to petroleum exploration, exploitation and conveyance activities in the offshore area of that State or Territory.
substitute:
*¢ The general body of laws in force in a State or Territory applies, as laws of the Commonwealth, to:
(a) petroleum exploration, exploitation and conveyance activities in the offshore area of that State or Territory; and
(b) greenhouse gas injection and storage activities in the offshore area of that State or Territory.
114 At the end of subsection 59(4)
Add:
; or (c) exploring the seabed or subsoil of the offshore area for a potential greenhouse gas storage formation or a potential greenhouse gas injection site; or
(d) the injection of a greenhouse gas substance into the seabed or subsoil of the offshore area; or
(e) the storage of a greenhouse gas substance in the seabed or subsoil of the offshore area; or
(f) the conveyance of a greenhouse gas substance across the offshore area.
115 Subparagraph 59(5)(a)(iv)
Omit "and", substitute "or".
116 At the end of paragraph 59(5)(a)
Add:
(v) exploring the seabed or subsoil of the offshore area for a potential greenhouse gas storage formation or a potential greenhouse gas injection site; or
(vi) the injection of a greenhouse gas substance into the seabed or subsoil of the offshore area; or
(vii) the storage of a greenhouse gas substance in the seabed or subsoil of the offshore area; or
(viii) the conveyance of a greenhouse gas substance across the offshore area; and
117 Section 75
Omit:
*¢ An infrastructure licence authorises the licensee to construct and operate an infrastructure facility in the licence area.
*¢ A pipeline licence authorises the licensee to construct and operate a pipeline.
substitute:
*¢ An infrastructure licence authorises the licensee to construct and operate an infrastructure facility in the licence area. An infrastructure facility may relate to petroleum or a greenhouse gas substance.
*¢ A pipeline licence authorises the licensee to construct and operate a pipeline. A pipeline may be used to convey petroleum or a greenhouse gas substance.
118 At the end of subsection 79(6)
Add "or (10)".
119 At the end of section 79
Add:
Declared exploration permits--approval of key petroleum operations
(8) A declared exploration permit is subject to the condition that the permittee will not carry on key petroleum operations under the permit unless the responsible Commonwealth Minister has approved the operations under section 79A.
(9) Despite subsection (2), the condition mentioned in subsection (8) does not need to be specified in the permit.
(10) If, under section 79A, the responsible Commonwealth Minister approves the carrying on of one or more key petroleum operations under a declared exploration permit, the responsible Commonwealth Minister may, by written notice given to the permittee, vary the permit by imposing one or more conditions to which the permit is subject.
(11) A variation of a declared exploration permit under subsection (10) takes effect on the day on which notice of the variation is given to the permittee.
(12) A condition imposed under subsection (10) may require the permittee to ensure that:
(a) all wells; or
(b) one or more specified wells;
made in the permit area by any person engaged or concerned in operations authorised by the permit are made in a manner, and to a standard, that will facilitate the plugging or closing off of the wells in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
(13) Subsection (12) does not limit:
(a) subsection (10); or
(b) Part 4.2; or
(c) Part 4.3.
(14) If:
(a) a declared exploration permit is subject to a condition; and
(b) the condition was imposed under subsection (10);
the responsible Commonwealth Minister may, by written notice given to the permittee, vary or revoke the condition.
(15) A variation of a declared exploration permit under subsection (14) takes effect on the day on which notice of the variation is given to the permittee.
(16) Subsection (14) does not limit section 227.
120 After section 79
Insert:
79A Declared exploration permit--approval by responsible Commonwealth Minister of key petroleum operations
(1) The registered holder of a declared exploration permit may apply to the responsible Commonwealth Minister for approval to carry on one or more key petroleum operations under the permit.
(2) If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:
(a) give the approval; or
(b) by written notice given to the applicant, refuse to give the approval.
Responsible Commonwealth Minister must have regard to certain matters
(3) In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6) and (7).
(4) The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key petroleum operations could have on:
(a) operations for the injection of a greenhouse gas substance; or
(b) operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
(c) an existing greenhouse gas assessment permit; or
(d) an existing greenhouse gas holding lease; or
(e) an existing greenhouse gas injection licence; or
(f) if a greenhouse gas assessment permit or a greenhouse gas holding lease is in force over a block or blocks:
(i) a future greenhouse gas holding lease over the block or any of the blocks; or
(ii) a future greenhouse gas injection licence over the block or any of the blocks.
(5) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
(a) operations for the injection of a greenhouse gas substance; or
(b) operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
(c) an existing greenhouse gas assessment permit held by a person other than the applicant; or
(d) an existing greenhouse gas holding lease held by a person other than the applicant; or
(e) an existing greenhouse gas injection licence held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(f) whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence, as the case may be, has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(g) if so--the terms of that agreement.
(6) If:
(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
(i) operations for the injection of a greenhouse gas substance; or
(ii) operations for the storage of a greenhouse gas substance;
that could be carried on under:
(iii) a future greenhouse gas holding lease over a block or blocks; or
(iv) a future greenhouse gas injection licence over a block or blocks; and
(b) a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force over the block or any of the blocks; and
(c) the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(d) whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(e) if so--the terms of that agreement.
(7) The responsible Commonwealth Minister must have regard to the public interest.
(8) Subsections (4), (5) and (6) do not limit subsection (7).
(9) Subsections (4), (5), (6) and (7) do not limit the matters to which the responsible Commonwealth Minister may have regard.
Responsible Commonwealth Minister must not give approval in certain circumstances
(10) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
(a) operations for the injection of a greenhouse gas substance; or
(b) operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under an existing greenhouse gas injection licence, the responsible Commonwealth Minister must not give the approval unless the registered holder of the greenhouse gas injection licence has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied.
No right to an approval
(11) To avoid doubt, section 78 does not imply that an exploration permittee who applies for approval under subsection (1) of this section is entitled to be given the approval.
Suspension of rights
(12) For the purposes of this section, disregard a suspension of rights under section 249KC.
79B Declared exploration permits
(1) If:
(a) a post-commencement exploration permit is in force; and
(b) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the key petroleum operations that could be carried on under the permit will have a significant adverse impact on:
(i) operations for the injection of a greenhouse gas substance; or
(ii) operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
(iii) an existing greenhouse gas assessment permit; or
(iv) an existing greenhouse gas holding lease; or
(v) an existing greenhouse gas injection licence; or
(vi) a future greenhouse gas assessment permit; or
(vii) a future greenhouse gas holding lease; or
(viii) a future greenhouse gas injection licence;
the responsible Commonwealth Minister may, by written notice given to the exploration permittee, determine that the exploration permit is a declared exploration permit for the purposes of this Act.
(2) If:
(a) a determination is in force under subsection (1) in relation to a post-commencement exploration permit; and
(b) the responsible Commonwealth Minister is not satisfied that there is a significant risk that any of the key petroleum operations that could be carried on under the permit will have a significant adverse impact on:
(i) operations for the injection of a greenhouse gas substance; or
(ii) operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
(iii) an existing greenhouse gas assessment permit; or
(iv) an existing greenhouse gas holding lease; or
(v) an existing greenhouse gas injection licence; or
(vi) a future greenhouse gas assessment permit; or
(vii) a future greenhouse gas holding lease; or
(viii) a future greenhouse gas injection licence;
the responsible Commonwealth Minister must, by written notice given to the exploration permittee, revoke the determination.
121 At the end of subsection 114(10)
Add "or (13)".
122 At the end of section 114
Add:
Declared retention leases--approval of key petroleum operations
(11) A declared retention lease is subject to the condition that the lessee will not carry on key petroleum operations under the lease unless the responsible Commonwealth Minister has approved the operations under section 114A.
(12) Despite subsection (2), the condition mentioned in subsection (11) does not need to be specified in the lease.
(13) If, under section 114A, the responsible Commonwealth Minister approves the carrying on of one or more key petroleum operations under a declared retention lease, the responsible Commonwealth Minister may, by written notice given to the lessee, vary the lease by imposing one or more conditions to which the lease is subject.
(14) A variation of a declared retention lease under subsection (13) takes effect on the day on which notice of the variation is given to the lessee.
(15) A condition imposed under subsection (13) may require the lessee to ensure that:
(a) all wells; or
(b) one or more specified wells;
made in the lease area by any person engaged or concerned in operations authorised by the lease are made in a manner, and to a standard, that will facilitate the plugging or closing off of the wells in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
(16) Subsection (15) does not limit:
(a) subsection (13); or
(b) Part 4.2; or
(c) Part 4.3.
(17) If:
(a) a declared retention lease is subject to a condition; and
(b) the condition was imposed under subsection (13);
the responsible Commonwealth Minister may, by written notice given to the lessee, vary or revoke the condition.
(18) A variation of a declared retention lease under subsection (17) takes effect on the day on which notice of the variation is given to the lessee.
(19) Subsection (18) does not limit section 227.
123 After section 114
Insert:
114A Declared retention lease--approval by responsible Commonwealth Minister of key petroleum operations
(1) The registered holder of a declared retention lease may apply to the responsible Commonwealth Minister for approval to carry on one or more key petroleum operations under the lease.
(2) If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:
(a) give the approval; or
(b) by written notice given to the applicant, refuse to give the approval.
Responsible Commonwealth Minister must have regard to certain matters
(3) In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6) and (7).
(4) The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key petroleum operations could have on:
(a) operations for the injection of a greenhouse gas substance; or
(b) operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
(c) an existing greenhouse gas assessment permit; or
(d) an existing greenhouse gas holding lease; or
(e) an existing greenhouse gas injection licence; or
(f) if a greenhouse gas assessment permit or a greenhouse gas holding lease is in force over a block or blocks:
(i) a future greenhouse gas holding lease over the block or any of the blocks; or
(ii) a future greenhouse gas injection licence over the block or any of the blocks.
(5) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
(a) operations for the injection of a greenhouse gas substance; or
(b) operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
(c) an existing greenhouse gas assessment permit held by a person other than the applicant; or
(d) an existing greenhouse gas holding lease held by a person other than the applicant; or
(e) an existing greenhouse gas injection licence held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(f) whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence, as the case may be, has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(g) if so--the terms of that agreement.
(6) If:
(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
(i) operations for the injection of a greenhouse gas substance; or
(ii) operations for the storage of a greenhouse gas substance;
that could be carried on under:
(iii) a future greenhouse gas holding lease over a block or blocks; or
(iv) a future greenhouse gas injection licence over a block or blocks; and
(b) a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force over the block or any of the blocks; and
(c) the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(d) whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(e) if so--the terms of that agreement.
(7) The responsible Commonwealth Minister must have regard to the public interest.
(8) Subsections (4), (5) and (6) do not limit subsection (7).
(9) Subsections (4), (5), (6) and (7) do not limit the matters to which the responsible Commonwealth Minister may have regard.
Responsible Commonwealth Minister must not give approval in certain circumstances
(10) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
(a) operations for the injection of a greenhouse gas substance; or
(b) operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under an existing greenhouse gas injection licence, the responsible Commonwealth Minister must not give the approval unless the registered holder of the greenhouse gas injection licence has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied.
No right to an approval
(11) To avoid doubt, section 113 does not imply that a retention lessee who applies for approval under subsection (1) of this section is entitled to be given the approval.
Suspension of rights
(12) For the purposes of this section, disregard a suspension of rights under section 249KC.
114B Declared retention leases
(1) If:
(a) a post-commencement retention lease is in force; and
(b) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the key petroleum operations that could be carried on under the lease will have a significant adverse impact on:
(i) operations for the injection of a greenhouse gas substance; or
(ii) operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
(iii) an existing greenhouse gas assessment permit; or
(iv) an existing greenhouse gas holding lease; or
(v) an existing greenhouse gas injection licence; or
(vi) a future greenhouse gas assessment permit; or
(vii) a future greenhouse gas holding lease; or
(viii) a future greenhouse gas injection licence;
the responsible Commonwealth Minister must, by written notice given to the retention lessee, determine that the retention lease is a declared retention lease for the purposes of this Act.
(2) If:
(a) a determination is in force under subsection (1) in relation to a post-commencement retention lease; and
(b) the responsible Commonwealth Minister is not satisfied that there is a significant risk that any of the key petroleum operations that could be carried on under the lease will have a significant adverse impact on:
(i) operations for the injection of a greenhouse gas substance; or
(ii) operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
(iii) an existing greenhouse gas assessment permit; or
(iv) an existing greenhouse gas holding lease; or
(v) an existing greenhouse gas injection licence; or
(vi) a future greenhouse gas assessment permit; or
(vii) a future greenhouse gas holding lease; or
(viii) a future greenhouse gas injection licence;
the responsible Commonwealth Minister must, by written notice given to the retention lessee, revoke the determination.
125 At the end of section 137
Add:
(3) Paragraph (1)(d), in so far as that paragraph relates to a purpose covered by paragraph (1)(a), (b) or (c), does not authorise the licensee:
(a) to inject (whether on an appraisal basis or otherwise) a substance into a part of a geological formation; or
(b) to store (whether on a permanent basis or otherwise) a substance in a part of a geological formation.
126 At the end of subsection 138(6)
Add "or (12)".
127 At the end of section 138
Add:
Declared production licences--approval of key petroleum operations
(10) A declared production licence is subject to the condition that the licensee will not carry on key petroleum operations under the licence unless the responsible Commonwealth Minister has approved the operations under section 138A.
(11) Despite subsection (2), the condition mentioned in subsection (10) does not need to be specified in the licence.
(12) If, under section 138A, the responsible Commonwealth Minister approves the carrying on of one or more key petroleum operations under a declared production licence, the responsible Commonwealth Minister may, by written notice given to the licensee, vary the licence by imposing one or more conditions to which the licence is subject.
(13) A variation of a declared production licence under subsection (12) takes effect on the day on which notice of the variation is given to the licensee.
(14) A condition imposed under subsection (12) may require the licensee to ensure that:
(a) all wells; or
(b) one or more specified wells;
made in the licence area by any person engaged or concerned in operations authorised by the licence are made in a manner, and to a standard, that will facilitate the plugging or closing off of the wells in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
(15) Subsection (14) does not limit:
(a) subsection (12); or
(b) Part 4.2; or
(c) Part 4.3.
(16) If:
(a) a declared production licence is subject to a condition; and
(b) the condition was imposed under subsection (12);
the responsible Commonwealth Minister may, by written notice given to the licensee, vary or revoke the condition.
(17) A variation of a declared production licence under subsection (16) takes effect on the day on which notice of the variation is given to the licensee.
(18) Subsection (17) does not limit section 227.
128 After section 138
Insert:
138A Declared production licence--approval by responsible Commonwealth Minister of key petroleum operations
(1) The registered holder of a declared production licence may apply to the responsible Commonwealth Minister for approval to carry on one or more key petroleum operations under the licence.
(2) If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:
(a) give the approval; or
(b) by written notice given to the applicant, refuse to give the approval.
Responsible Commonwealth Minister must have regard to certain matters
(3) In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6) and (7).
(4) The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key petroleum operations could have on:
(a) operations for the injection of a greenhouse gas substance; or
(b) operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
(c) an existing greenhouse gas assessment permit; or
(d) an existing greenhouse gas holding lease; or
(e) an existing greenhouse gas injection licence; or
(f) if a greenhouse gas assessment permit or a greenhouse gas holding lease is in force over a block or blocks:
(i) a future greenhouse gas holding lease over the block or any of the blocks; or
(ii) a future greenhouse gas injection licence over the block or any of the blocks.
(5) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
(a) operations for the injection of a greenhouse gas substance; or
(b) operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
(c) an existing greenhouse gas assessment permit held by a person other than the applicant; or
(d) an existing greenhouse gas holding lease held by a person other than the applicant; or
(e) an existing greenhouse gas injection licence held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(f) whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence, as the case may be, has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(g) if so--the terms of that agreement.
(6) If:
(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
(i) operations for the injection of a greenhouse gas substance; or
(ii) operations for the storage of a greenhouse gas substance;
that could be carried on under:
(iii) a future greenhouse gas holding lease over a block or blocks; or
(iv) a future greenhouse gas injection licence over a block or blocks; and
(b) a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force over the block or any of the blocks; and
(c) the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(d) whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(e) if so--the terms of that agreement.
(7) The responsible Commonwealth Minister must have regard to the public interest.
(8) Subsections (4), (5) and (6) do not limit subsection (7).
(9) Subsections (4), (5), (6) and (7) do not limit the matters to which the responsible Commonwealth Minister may have regard.
Responsible Commonwealth Minister must not give approval in certain circumstances
(10) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:
(a) operations for the injection of a greenhouse gas substance; or
(b) operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under an existing greenhouse gas injection licence, the responsible Commonwealth Minister must not give the approval unless the registered holder of the greenhouse gas injection licence has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied.
No right to an approval
(11) To avoid doubt, section 137 does not imply that a production licensee who applies for approval under subsection (1) of this section is entitled to be given the approval.
Suspension of rights
(12) For the purposes of this section, disregard a suspension of rights under section 249KC.
138B Declared production licences
(1) If:
(a) a post-commencement production licence is in force; and
(b) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the key petroleum operations that could be carried on under the licence will have a significant adverse impact on:
(i) operations for the injection of a greenhouse gas substance; or
(ii) operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
(iii) an existing greenhouse gas assessment permit; or
(iv) an existing greenhouse gas holding lease; or
(v) an existing greenhouse gas injection licence; or
(vi) a future greenhouse gas assessment permit; or
(vii) a future greenhouse gas holding lease; or
(viii) a future greenhouse gas injection licence;
the responsible Commonwealth Minister must, by written notice given to the production licensee, determine that the production licence is a declared production licence for the purposes of this Act.
(2) If:
(a) a determination is in force under subsection (1) in relation to a post-commencement production licence; and
(b) the responsible Commonwealth Minister is not satisfied that there is a significant risk that any of the key petroleum operations that could be carried on under the licence will have a significant adverse impact on:
(i) operations for the injection of a greenhouse gas substance; or
(ii) operations for the storage of a greenhouse gas substance;
that are being, or could be, carried on under:
(iii) an existing greenhouse gas assessment permit; or
(iv) an existing greenhouse gas holding lease; or
(v) an existing greenhouse gas injection licence; or
(vi) a future greenhouse gas assessment permit; or
(vii) a future greenhouse gas holding lease; or
(viii) a future greenhouse gas injection licence;
the responsible Commonwealth Minister must, by written notice given to the production licensee, revoke the determination.
128A Section 139 (note 8)
Omit "249", substitute "442D".
128B Subsection 140(4) (note)
Omit "249", substitute "442D".
129 Section 145
Before "If:", insert "(1)".
130 At the end of paragraph 145(c)
Add "and".
131 After paragraph 145(c)
Insert:
(d) in a case where (assuming that the applicant were granted a production licence over the block or blocks as to which the Joint Authority is satisfied as mentioned in paragraph (b)) the production licence would be a post-commencement production licence, and:
(i) the Joint Authority is satisfied that there is a significant risk that any of the operations that could be carried on under the production licence will have a significant adverse impact on operations that are being, or could be, carried on under a greenhouse gas assessment permit or a greenhouse gas holding lease; or
(ii) if one or more identified greenhouse gas storage formations are wholly situated in the permit area of a greenhouse gas assessment permit or the lease area of a greenhouse gas holding lease--the Joint Authority is satisfied that there is a significant risk that any of the operations that could be carried on under the production licence will have a significant adverse impact on operations that could be carried on under a future greenhouse gas injection licence, where the identified greenhouse gas storage formation, or any of the identified greenhouse gas storage formations, is wholly situated in the licence area of the future greenhouse gas injection licence;
the Joint Authority is satisfied that it is in the public interest for the production licence to be granted to the applicant; and
(e) in a case where:
(i) (assuming that the applicant were granted a production licence over the block or blocks as to which the Joint Authority is so satisfied as mentioned in paragraph (b)) the production licence would be a post-commencement production licence; and
(ii) the Joint Authority is satisfied that there is a significant risk that any of the operations that could be carried on under the production licence will have a significant adverse impact on operations that are being, or could be, carried on under a greenhouse gas injection licence;
the Joint Authority is satisfied that:
(iii) the registered holder of the greenhouse gas injection licence has agreed, in writing, to the grant of the production licence; and
(iv) to the extent to which the agreement is a dealing to which Part 3A.6 applies--the dealing has been approved under section 298-275 or is reasonably likely to be approved under that section; and
(v) to the extent to which the agreement is a dealing to which Part 3.6 would apply if the production licence were to come into existence--it is reasonably likely that the dealing would, after the production licence comes into existence, be approved under section 275;
132 Section 145
After "so satisfied", insert "as mentioned in paragraph (b)".
133 At the end of section 145
Add:
Public interest
(2) For the purposes of paragraph (1)(d), in considering whether the grant of the production licence is in the public interest, the Joint Authority must have regard to:
(a) whether the registered holder of the greenhouse gas assessment permit or greenhouse gas holding lease, as the case may be, has agreed, in writing, to the grant of the production licence; and
(b) if so--the terms of that agreement.
(3) Subsection (2) does not limit the matters to which the Joint Authority may have regard.
Deferral of decision
(4) This section has effect subject to section 146A.
134 After subsection 146(4A)
Insert:
Impact on greenhouse gas titles
(4B) If:
(a) (assuming that the applicant were granted a production licence over the block or blocks as to which the Joint Authority is satisfied as mentioned in paragraph 145(1)(b)) the production licence would be a post-commencement production licence; and
(b) either:
(i) the Joint Authority is satisfied that there is a significant risk that any of the operations that could be carried on under the production licence will have a significant adverse impact on operations that are being, or could be, carried on under a greenhouse gas assessment permit or a greenhouse gas holding lease; or
(ii) if one or more identified greenhouse gas storage formations are wholly situated in the permit area of a greenhouse gas assessment permit or the lease area of a greenhouse gas holding lease--the Joint Authority is satisfied that there is a significant risk that any of the operations that could be carried on under the production licence will have a significant adverse impact on operations that could be carried on under a future greenhouse gas injection licence, where the identified greenhouse gas storage formation, or any of the identified greenhouse gas storage formations, is wholly situated in the licence area of the future greenhouse gas injection licence; and
(c) the Joint Authority is not satisfied that it is in the public interest for the production licence to be granted to the applicant;
the Joint Authority must, by written notice given to the applicant, refuse to grant a production licence to the applicant.
(4C) If:
(a) (assuming that the applicant were granted a production licence over the block or blocks as to which the Joint Authority is satisfied as mentioned in paragraph 145(1)(b)) the production licence would be a post-commencement production licence; and
(b) the Joint Authority is satisfied that there is a significant risk that any of the operations that could be carried on under the production licence will have a significant adverse impact on operations that are being, or could be, carried on under a greenhouse gas injection licence; and
(c) the Joint Authority is not satisfied that:
(i) the registered holder of the greenhouse gas injection licence has agreed, in writing, to the grant of the production licence; and
(ii) to the extent to which the agreement is a dealing to which Part 3A.6 applies--the dealing has been approved under section 298-275 or is reasonably likely to be approved under that section; and
(iii) to the extent to which the agreement is a dealing to which Part 3.6 would apply if the production licence were to come into existence--it is reasonably likely that the dealing would, after the production licence comes into existence, be approved under section 275;
the Joint Authority must, by written notice given to the applicant, refuse to grant a production licence to the applicant.
135 At the end of section 146
Add:
Public interest
(6) For the purposes of paragraph (4B)(c), in considering whether the grant of the production licence is in the public interest, the Joint Authority must have regard to:
(a) whether the registered holder of the greenhouse gas assessment permit or greenhouse gas holding lease, as the case may be, has agreed, in writing, to the grant of the production licence; and
(b) if so--the terms of that agreement.
(7) Subsection (6) does not limit the matters to which the Joint Authority may have regard.
Deferral of application
(8) This section has effect subject to section 146A.
136 After section 146
Insert:
146A Joint Authority may defer taking action on application for production licence if there is a pending application for a greenhouse gas assessment permit
Scope
(1) This section applies if:
(a) an application for the grant of a production licence has been made under:
(i) section 142 or 144; or
(ii) clause 2 or 4 of Schedule 4; and
(b) assuming that the applicant were granted a production licence over the block or blocks as to which the Joint Authority is so satisfied as mentioned in paragraph 145(1)(b), the production licence would be a post-commencement production licence; and
(c) when the application for the grant of the production licence was made, an application for a greenhouse gas assessment permit was being considered by the responsible Commonwealth Minister; and
(d) the Joint Authority is satisfied that it would be in the public interest to defer taking any action under section 145 or 146 in relation to the application for the grant of the production licence until the application for the greenhouse gas assessment permit is finalised.
Deferral
(2) The Joint Authority must not take any action under section 145 or 146 in relation to the application for the grant of the production licence until 24 hours after whichever of the following events happens first:
(a) the responsible Commonwealth Minister grants a greenhouse gas assessment permit to the applicant for the permit;
(b) the application for the greenhouse gas assessment permit lapses;
(c) the responsible Commonwealth Minister refuses to grant a greenhouse gas assessment permit to the applicant for the permit.
137 Section 147
Omit "in section 145", substitute "in paragraph 145(1)(b)".
138 Section 164
Omit:
*¢ An infrastructure licence authorises the licensee to construct and operate an infrastructure facility in the licence area.
substitute:
*¢ An infrastructure licence authorises the licensee to construct and operate an infrastructure facility in the licence area. An infrastructure facility may relate to petroleum or a greenhouse gas substance.
138A Paragraphs 166(1)(a) and (b)
Repeal the paragraphs, substitute:
(a) in the case of an infrastructure licence granted before the commencement of this section:
(i) to construct infrastructure facilities in the licence area; and
(ii) to operate infrastructure facilities in the licence area;
so long as those facilities are for engaging in:
(iii) a subsection 13(2) activity; or
(iv) a subsection 13(3) activity specified in the licence as the result of a variation under section 176; or
(b) in the case of an infrastructure licence granted after the commencement of this section:
(i) to construct infrastructure facilities in the licence area; and
(ii) to operate infrastructure facilities in the licence area;
so long as those facilities are for engaging in:
(iii) a subsection 13(2) activity specified in the licence; or
(iv) a subsection 13(3) activity specified in the licence.
138B At the end of section 167
Add:
(3) An infrastructure licence is subject to the condition that, if:
(a) regulations are made for the purpose of subsection (4); and
(b) those regulations impose requirements on the licensee;
the licensee will comply with those requirements.
(4) The regulations may establish a regime for third party access to services provided by means of the use of an infrastructure facility that is for engaging in any of the activities to which subsection 13(3) applies.
Note: Subsection 13(3) applies to certain greenhouse gas activities.
(5) Despite subsection (2), the condition mentioned in subsection (3) does not need to be specified in the licence.
138C Subsection 169(4) (note)
Omit "249", substitute "442D".
139 Section 171 (note 3)
Omit "section 174", substitute "sections 174 and 174A".
Note: The heading to section 174 is altered by inserting "with petroleum titleholders" after "Consultation".
140 At the end of Division 2 of Part 2.5
Add:
174A Consultation with greenhouse gas titleholders--grant of infrastructure licence
Scope
(1) This section applies if:
(a) an application for an infrastructure licence (the proposed infrastructure licence) has been made under section 170 in relation to a place in a block; and
(b) the block:
(i) is the subject of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence; or
(ii) is the subject of a greenhouse gas search authority or greenhouse gas special authority; and
(c) the applicant is not the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority; and
(d) if subparagraph (b)(i) applies--the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not given written consent to the grant of the proposed infrastructure licence; and
(e) if subparagraph (b)(ii) applies:
(i) the registered holder of the greenhouse gas search authority or greenhouse gas special authority has not given written consent to the grant of the proposed infrastructure licence; or
(ii) the greenhouse gas search authority or greenhouse gas special authority will not expire before any construction or operation of infrastructure facilities under the proposed infrastructure licence would occur.
Consultation
(2) Before the Joint Authority gives the applicant an offer document under section 171, the Joint Authority must:
(a) by written notice given to the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority, give at least 30 days notice of the Joint Authority's proposal to give the applicant the offer document; and
(b) give a copy of the notice to such other persons (if any) as the Joint Authority thinks fit.
(3) The notice must:
(a) set out details of the proposed infrastructure licence; and
(b) invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Joint Authority about the proposal; and
(c) specify a time limit for the making of that submission.
Note: All communications to the Joint Authority are to be made through the Designated Authority--see section 45.
(4) In deciding:
(a) whether to give the applicant the offer document; and
(b) the conditions (if any) to which the proposed infrastructure licence should be subject;
the Joint Authority must take into account any submissions made in accordance with the notice.
141 Subsection 176(1) (note)
Omit "section 177", substitute "sections 177 and 177A".
Note: The heading to section 177 is altered by inserting "with petroleum titleholders" after "Consultation".
142 At the end of Division 3 of Part 2.5
Add:
177A Consultation with greenhouse gas titleholders--variation of infrastructure licence
Scope
(1) This section applies if:
(a) an infrastructure licence (the first infrastructure licence) relates to a place in a block; and
(b) an application for variation of the first infrastructure licence is made under section 175; and
(c) the block:
(i) is the subject of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence; or
(ii) is the subject of a greenhouse gas search authority or greenhouse gas special authority; and
(d) the applicant is not the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority; and
(e) if subparagraph (c)(i) applies--the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not given written consent to the variation of the first infrastructure licence; and
(f) if subparagraph (c)(ii) applies:
(i) the registered holder of the greenhouse gas search authority or greenhouse gas special authority has not given written consent to the variation of the first infrastructure licence; or
(ii) the greenhouse gas search authority or greenhouse gas special authority will not expire before any construction or operation of infrastructure facilities under the first infrastructure licence, as proposed to be varied, would occur.
Consultation
(2) Before varying the first infrastructure licence, the Joint Authority must:
(a) by written notice given to the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority, give at least 30 days notice that the Joint Authority is considering the application; and
(b) give a copy of the notice to such other persons (if any) as the Joint Authority thinks fit.
(3) The notice must:
(a) set out details of the proposed variation; and
(b) invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Joint Authority about the proposal; and
(c) specify a time limit for the making of that submission.
Note: All communications to the Joint Authority are to be made through the Designated Authority--see section 45.
(4) In deciding whether to vary the first infrastructure licence, the Joint Authority must take into account any submissions made in accordance with the notice.
143 At the end of Part 2.5
Add:
Division 4--Directions by responsible Commonwealth Minister
177B Directions by responsible Commonwealth Minister
(1) The responsible Commonwealth Minister may, by written notice given to the Joint Authority, give the Joint Authority a direction in relation to the exercise by the Joint Authority of a power conferred on the Joint Authority by this Part in relation to:
(a) a specified application for an infrastructure licence, where any of the infrastructure facilities to which the licence relates is an infrastructure facility as a result of subsection 13(3); or
(b) a specified infrastructure licence, where any of the infrastructure facilities to which the licence relates is an infrastructure facility as a result of subsection 13(3).
(2) The Joint Authority must comply with a direction under subsection (1).
(3) A direction under subsection (1) is not a legislative instrument.
144 Section 178
Omit:
*¢ A pipeline licence authorises the licensee to construct and operate a pipeline.
substitute:
*¢ A pipeline licence authorises the licensee to construct and operate a pipeline. A pipeline may be used to convey petroleum or a greenhouse gas substance.
145 At the end of section 181
Add:
Approval of greenhouse gas substance
(5) A pipeline licence is subject to the condition that the licensee will not operate the pipeline to convey a greenhouse gas substance unless the Joint Authority has approved the greenhouse gas substance under section 181A.
(6) Despite subsection (2), the condition mentioned in subsection (5) does not need to be specified in the licence.
(7) Subsection (5) does not limit subsection (1).
Access regime
(8) A pipeline licence is subject to the condition that, if:
(a) regulations are made for the purposes of subsection (9); and
(b) those regulations impose requirements on the licensee;
the licensee will comply with those requirements.
(9) The regulations may establish a regime for third party access to services provided by means of the use of greenhouse gas pipelines.
(10) Despite subsection (2), the condition mentioned in subsection (8) does not need to be specified in the licence.
(11) Subsection (8) does not limit subsection (1).
146 After section 181
Insert:
181A Approval by Joint Authority of greenhouse gas substance to b