An Act to amend the Greenhouse Gas Storage Act 2009 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Greenhouse Gas Storage Amendment Act 2025.
This Act commences on a day to be fixed by proclamation.
This Act amends the Greenhouse Gas Storage Act 2009.
4Amendment of s 455 (Reporting and record keeping requirements)
Section 455(2)—
insert—See however section 466 for modifications to the operation of section 256 in relation to CTSCo and former EPQ10.
5Amendment of s 456 (Decommissioning of wells)
Section 456(2)—
insert—See however section 467 for further modifications to the operation of section 267, and this section, in relation to a GHG well in the area of EPQ10 immediately before it ended.
6Insertion of new ch 8, pt 8
Chapter 8—
insert—In this part—artesian bore see the Water Act, schedule 4.completed, in relation to the conversion of a relevant GHG well into a water supply bore, means all works to convert the well into the bore have been fully carried out.conversion certificate see section 467(1)(d).CTSCo means Carbon Transport and Storage Corporation (CTSCo) Pty Limited ACN 143 012 971.decommissioning day, for a relevant GHG well, means the day before which the well must be decommissioned from use under section 267(1)(b), as modified by section 456(2)(c).former EPQ10 means the GHG permit ended under section 454.GAB Water Plan means the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017.landowner means—(a)for a relevant GHG well, the owner of the land on which the well is located; or(b)for a water supply bore, the owner of the land on which the bore is located.relevant GHG well means a GHG well that, immediately before former EPQ10 ended, was in the area of former EPQ10.subartesian bore see the Water Act, schedule 4.transitional regulation see section 483(1).Water Act regulator means the chief executive of the department in which the Water Act, chapter 2 is administered.water supply bore means an artesian bore, or a subartesian bore, that is primarily used for the supply of water.The purpose of this part is—(a)to permit CTSCo to do both of the following in relation to a relevant GHG well as an alternative to decommissioning the well from use under section 267, as modified by section 456—(i)convert the relevant GHG well into a water supply bore;(ii)transfer the bore to the landowner for the bore; and(b)to make provision for the way a relevant GHG well is to be plugged and abandoned for section 267(3)(a).466Modification of obligation to give former EPQ10 end of tenure report
(1) Section 256 applies in relation to CTSCo as if the section required the former EPQ10 end of tenure report to be given to the chief executive, in the required way, before the relevant day.(2)This section applies despite section 455(2).(3)In this section—former EPQ10 end of tenure report means the report, relating to former EPQ10, that was required to be given to the chief executive under section 256.relevant day means the day that is 2 months after the latest of the following days—(a)the day that is 2 years after the day former EPQ10 ended under section 454;(b)if, whether before or after the commencement, the Minister fixes a day for 1 or more relevant GHG wells under section 267(1)(b), as modified by section 456(2)(c)—the latest fixed day.467Modification of obligation to decommission relevant GHG well
(1)Section 267(1) does not apply in relation to a relevant GHG well if, before the decommissioning day for the well, all of the following requirements are complied with—(a)CTSCo gives the Minister a notice of intention to convert the well that—(i)complies with the requirements prescribed by transitional regulation for the notice; and(ii)without limiting subparagraph (i), is accompanied by a conversion plan for the well;(b)the landowner for the well gives CTSCo a signed statement in which the landowner—(i)consents to the conversion of the well into a water supply bore under this part; and(ii)states the purpose for which the landowner intends to take water using the water supply bore; and(iii)agrees to take ownership of, and responsibility for, the water supply bore, after the conversion is completed;(c)a licensed water bore driller converts the well into a water supply bore in accordance with the requirements prescribed by transitional regulation for the conversion of the well into a water supply bore;(d)a licensed water bore driller signs a document (a conversion certificate) stating that conversion of the well into a water supply bore has been completed in accordance with—(i)the conversion plan for the well given to the Minister under paragraph (a)(ii); and(ii)the requirements for the conversion of the well mentioned in paragraph (c);(e)within 10 business days after the day the conversion certificate is signed, CTSCo gives the Minister a notice of completion, in relation to the conversion of the well into a water supply bore, that complies with the requirements prescribed by transitional regulation for the notice;(f)within 40 business days after the day the conversion certificate is signed, CTSCo transfers the water supply bore, under division 5, to the landowner for the water supply bore.(2)If section 267(1) applies to a relevant GHG well that is not a decommissioned GHG well, section 267(3)(a) applies in relation to the well—(a)as if the paragraph required CTSCo to plug and abandon the well in the way prescribed by transitional regulation; and(b)whether or not works to plug and abandon the well started before the commencement.(3)This section applies despite section 456(2).(4)In this section—conversion plan, for a relevant GHG well, means a plan, approved and signed by a licensed water bore driller, showing how the well will be converted into a water supply bore in accordance with the water bore construction codes.decommissioned GHG well means a relevant GHG well that, before the commencement, was decommissioned from use under section 267(3).licensed water bore driller means an individual who holds a class 3 water bore driller’s licence under the Water Act.For the classes of a water bore driller’s licence, see the Water Regulation 2016, section 122.Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.water bore construction codes means both of the following documents published on a Queensland Government website—(a)the document called ‘Minimum construction requirements for water bores in Australia’;(b)the document called ‘Minimum standards for the construction and reconditioning of water bores that intersect the sediments of artesian basins in Queensland’.468Modification of responsibility for relevant GHG well after decommissioning
(1)This section applies if a relevant GHG well is decommissioned from use under section 267(3), as modified by section 467(2), on or after the decommissioning day for the well.(2)Despite section 269(1), section 269(3) and (4), as modified by section 456(4), applies in relation to the relevant GHG well.469Modification of right of entry to facilitate decommissioning of relevant GHG well
Section 459 applies in relation to CTSCo as if a reference to decommissioning for EPQ10 in that section included a reference to—(a)conversion of a relevant GHG well into a water supply bore under this part; or(b)plugging and abandoning the well under section 267(3)(a), as modified by section 467(2).470Works carried out to convert relevant GHG well into water supply bore taken to be water bore drilling activities
To remove any doubt, it is declared that works carried out to convert a relevant GHG well into a water supply bore under this part are water bore drilling activities under the Water Act.471Particular development taken to be accepted development
(1)This section applies in relation to the conversion of a relevant GHG well into a water supply bore under this part if—(a)the conversion involves development; and(b)the development would, other than for subsection (2), be prohibited development or assessable development under the Planning Act 2016.(2)The development is taken to be accepted development for the Planning Act 2016.(3)In this section—development see the Planning Act 2016, schedule 2.472Partial compliance with conversion requirements under s 467
(1)This section applies in relation to a relevant GHG well if—(a)CTSCo gives the Minister a notice of intention to convert the well under section 467(1)(a); and(b)immediately before the decommissioning day for the well—(i)a requirement under section 467(1)(b) to (f) has not been complied with in relation to the well; and(ii)the well has not been decommissioned from use under section 267, as modified by sections 456 and 467(2).(2)Section 267, as modified by sections 456 and 467(2), continues to apply in relation to the relevant GHG well despite anything done to comply with a requirement under section 467(1)(b) to (f).This division applies if, before the decommissioning day for a relevant GHG well, the requirements stated in section 467(1)(a) to (e) have been complied with in relation to the conversion of the well into a water supply bore.474Transfer of water supply bore to landowner
For section 467(1)(f), CTSCo may transfer the water supply bore to the landowner for the bore by giving the chief executive a notice of transfer that complies with the requirements prescribed by transitional regulation for the notice.See also section 478.(1)If the water supply bore is transferred to the landowner for the bore under section 474—(a)ownership of all infrastructure and equipment forming part of the bore is transferred to the landowner; and(b)the bore, including all infrastructure and equipment forming part of the bore, is no longer a GHG well for the purposes of this Act; and(c)the landowner assumes responsibility for the bore, including all infrastructure and equipment forming part of the bore, for the purposes of any Act or law applying to the bore, infrastructure or equipment.(2)Subsection (1)(b) applies despite schedule 2, definition GHG well.(3)To remove any doubt, it is declared that the transfer of the water supply bore to the landowner does not of itself authorise the landowner to use the bore to take or interfere with water.1See section 479 in relation to the grant of a water licence to the landowner to take water for stock purposes using the water supply bore.2See also the GAB Water Plan, part 4, division 3 in relation to taking or interfering with water in the plan area for the GAB Water Plan.476Notice of transfer to Water Act regulator
(1)If the chief executive is given a notice of transfer relating to the water supply bore under section 474, the chief executive must, within 30 business days of receiving the notice, give a copy of the notice to the Water Act regulator.(2)A failure to comply with subsection (1) does not invalidate or otherwise affect the transfer to which the notice relates.(1)Within 60 business days after the day a conversion certificate, relating to the conversion of a relevant GHG well into a water supply bore, is signed, CTSCo must give the chief executive a conversion report that complies with the requirements prescribed by transitional regulation for the report.Maximum penalty—100 penalty units.
(2)Within 30 business days of receiving the report, the chief executive must give a copy of the report to the Water Act regulator.(3)A failure to comply with subsection (1) or (2) does not invalidate or otherwise affect the transfer of the water supply bore to which the conversion report relates.478Restriction on transfers of converted water supply bores
(1)This section applies if—(a)the requirements stated in section 467(1)(a) to (e) have been complied with in relation to the conversion of a relevant GHG well into a water supply bore; and(b)CTSCo purports to transfer the bore other than under section 474.(2)The purported transfer is of no effect.See section 472 for the continuing application of section 267 to the relevant GHG well if the requirements under section 467(1)(b) to (f) are partially complied with.479Water licence to take water for stock purposes
(1)This section applies if—(a)the chief executive gives the Water Act regulator a copy of a notice of transfer relating to a water supply bore under section 476; and(b)the Water Act regulator considers the landowner for the water supply bore will take water for stock purposes using the bore.(2)The Water Act regulator must, within 60 business days of receiving the copy of the notice of transfer, grant a water licence, with or without conditions, to the landowner to take water for stock purposes using the bore.(3)The water licence must not allow the landowner to take water using the water supply bore unless the bore has a watertight delivery system within the meaning of the GAB Water Plan, section 29(2).See also the GAB Water Plan, sections 26(2)(a) and 31(1).(4)For the GAB Water Plan, section 31(2), the water supply bore is taken to have been drilled after the commencement of the GAB Water Plan.(5)The GAB Water Plan, part 4, division 5 does not apply in relation to the granting of the water licence.(6)For the Water Act, section 116(2), the process mentioned in subsections (1) to (5) is taken to be stated in the GAB Water Plan.See the Water Act, section 116(2) for when the Water Act regulator may grant a water licence without the need for an application to be made under section 107 of that Act.(7)In this section—stock purposes see the Water Act, schedule 4.water licence see the Water Act, schedule 4.480Relevant GHG well taken to be operating plant despite ending of former EPQ10
Despite the ending of former EPQ10 under section 454, a relevant GHG well is taken to be operating plant, under the P&G Act, section 670(2)(h), until—(a)the well is decommissioned from use under section 267(3), as modified by section 467(2); or(b)the conversion of the well into a water supply bore under this part is completed and section 475(1)(b) applies in relation to the bore.481No compensation payable by the State
(1)No compensation is payable by the State to any person because of the enactment or operation of this part or anything done to carry out or give effect to this part.(2)This section applies despite any other Act or law.482Limited right of entry to comply with rehabilitation conditions
(1)This section applies if a relevant GHG well has been—(a)decommissioned; and(b)transferred to the State under section 269(3), as modified by section 456(4)(c).(2)The decommissioning and transfer does not affect the application of the rehabilitation conditions to CTSCo.(3)CTSCo may, after the decommissioning and transfer, enter the following land to the extent it is necessary to comply with the rehabilitation conditions—(a)land on which the decommissioned relevant GHG well is located;(b)other land it is reasonably necessary to cross for access to land mentioned in paragraph (a).(4)In this section—decommissioned, in relation to a relevant GHG well, means—(a)decommissioned from use under section 267(3), as it applied immediately before the commencement; or(b)decommissioned from use under section 267(3), as modified by section 467(2).rehabilitation conditions means conditions 58 to 60 of the environmental authority, with the environmental authority number ‘EPPG00646913’, ended under the Environmental Protection Act, section 819(1)(a).483Transitional regulation-making power
(1)A regulation (a transitional regulation) may make provision about the following matters—(a)matters that may be prescribed by transitional regulation under another provision of this part;(b)another matter for which—(i)it is necessary to make provision to allow or facilitate the doing of anything to achieve the operation of this part; and(ii)this part does not provide or sufficiently provide.(2)A transitional regulation may have retrospective operation to a day not earlier than the day this section commences.(3)A transitional regulation must declare it is a transitional regulation.(4)This division and any transitional regulation expire on 18 June 2029.
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