Greenhouse Gas Storage Act 2009

An Act to facilitate greenhouse gas geological storage

Long title amd 2010 No. 31 s 408 sch 2 pt 1

1Short title

This Act may be cited as the Greenhouse Gas Storage Act 2009 .

2Commencement

Chapters 2 and 3 commence on a day to be fixed by proclamation.

3Purposes of Act and their achievement

(1)The main purpose of this Act is to help reduce the impact of greenhouse gas emissions on the environment.

(2)The main purpose is achieved principally by facilitating the process called greenhouse gas geological storage, also called greenhouse gas storage (GHG storage).

(3)This Act facilitates GHG storage by—

(a)providing for the granting of authorities (called ‘GHG authorities’) to explore for or use underground geological formations or structures to store carbon dioxide, or carry out related activities; and

(b)creating a regulatory system for the carrying out of activities relating to GHG authorities.

(4)Other purposes of this Act are to ensure the following for the carrying out of the activities—

(a)minimisation of conflict with other land uses;

(b)constructive consultation with people affected by the activities;

(c)appropriate compensation for owners or occupiers adversely affected by the activities;

(d)responsible land and resource management.

4Facilitation of Act by Petroleum and Gas (Production and Safety) Act 2004

The Petroleum and Gas (Production and Safety) Act 2004 (the P&G Act) also facilitates the operation of this Act by—

(a)providing for survey licences under that Act to be able to be granted for potential GHG stream pipelines; and

(b)providing for pipeline licences under that Act to be able to be granted for GHG streams; and

(c)applying chapter 9 of that Act (the P&G Act safety provisions) to particular authorised activities for GHG authorities; and

(d)applying its provisions about investigations and some of its provisions about enforcement to authorised activities for GHG authorities.

5Act binds all persons

(1)This Act binds all persons, including the State, and to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

s 5 amd 2012 No. 20 s 125 sch 1

6Application of Act to coastal waters of the State

(1)This Act applies to the coastal waters of the State as if the coastal waters of the State were part of the State.

(2)However, this Act does not apply to the adjacent area under the Petroleum (Submerged Lands) Act 1982 .

Note—

The definition of the adjacent area in the Petroleum (Submerged Lands) Act 1982 , section 4 (1) is extended for pipelines under that Act, part 3, division 4. The provisions effectively cover pipelines in the coastal waters of the State.

7Relationship with Nature Conservation Act 1992

This Act is subject to the Nature Conservation Act 1992 , sections 27 and 70QA.

Editor’s note—

Nature Conservation Act 1992 , sections 27 (Prohibition on mining, geothermal activities and GHG storage activities) and 70QA (Prohibition on mining, geothermal activities and GHG storage activities in forest reserves)

8Relationship with Geothermal Act and principal mining and petroleum Acts

The relationship between this Act and the following Acts is provided for under chapter 4, parts 2 to 8 and—

(a)for the Geothermal Act—chapter 5, parts 2 to 8 of that Act;

(b)for the Mineral Resources Act—chapter 9 of that Act;

(c)for the 1923 Act—section 40 (1A) and part 6FA of that Act;

(d)for the P&G Act—chapter 3A of that Act.

s 8 amd 2012 No. 20 s 125 sch 1; 2012 No. 20 s 323 sch 3

8ADeclaration for Commonwealth Act

A GHG authority is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

s 8A ins 2010 No. 44 s 114

9Act does not affect other rights or remedies

(1)Subject to sections 269, 338A and 425 this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(2)Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

(3)In addition, a breach of an obligation under this Act does not of itself give rise to an action for breach of statutory duty or another civil right or remedy.

(4)This Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.

s 9 amd 2010 No. 31 s 438

11Definitions

The dictionary in schedule 2 defines particular words used in this Act.

12What is a GHG stream

(1)A GHG stream is a stream of carbon dioxide or a substance that overwhelmingly consists of carbon dioxide.

(2)The stream may be in a gaseous or liquid state.

Note—

The lawful use by a GHG tenure holder of any particular GHG stream for injection or GHG stream storage is subject to requirements under chapters 2 and 3 and to approval of the relevant work program or development plan.

13What is a GHG stream storage site

A GHG stream storage site is—

(a)the spatial extent of an underground geological formation or structure that is suitable to store a GHG stream (a GHG storage reservoir); and

(b)the site at which a GHG stream is or may be injected into the GHG storage reservoir.

14What is GHG stream storage

(1) GHG stream storage is—

(a)the process of injecting a GHG stream into a GHG storage reservoir for the purpose of storing the injected GHG stream in the reservoir; and

(b)monitoring the behaviour of the injected GHG stream in the reservoir.

(2)To remove any doubt, it is declared that injecting a GHG stream for the purpose of enhanced petroleum recovery authorised under the 1923 Act or the P&G Act is not GHG stream storage.

15What is GHG storage exploration

GHG storage exploration is carrying out an activity for the purpose of finding GHG stream storage sites.

16What is GHG storage injection testing

GHG storage injection testing is the evaluation or testing of an underground geological formation or structure for GHG stream storage by injecting carbon dioxide or water into it.

17What is a GHG stream pipeline

(1)A GHG stream pipeline is a pipe or system of pipes for transporting a GHG stream for GHG stream storage.

(2)A reference to a GHG stream pipeline includes—

(a)a part of the pipeline; and

(b)a thing connected to or associated with the pipeline that is necessary for its operation.

Examples of things that may be included in a reference to a pipeline—

•meter stations, scraper stations, valve stations, pumping stations or compressor stations

•plant and equipment, machinery and tanks

•corrosion protection apparatus

•communications equipment and towers

18Types of authority under Act

(1)The types of authority under this Act are—

(a)a GHG exploration permit (also called a GHG permit)—

(i)granted under section 40; or

Note—

See also sections 431 (Conversion of Zerogen’s P&G Act ATPs) and 432 (New GHG permit for Zerogen).

(ii)continued in force under section 95 or 116; or

(iii)renewed under section 96; and

(b)a GHG injection and storage lease (also called a GHG lease) granted under section 117 or 130; and

(c)a GHG injection and storage data acquisition authority (also called a GHG data acquisition authority) granted under section 235.

(2)GHG permits and GHG leases are collectively referred to as a GHG tenure.

(3)All authorities under this Act are collectively referred to as a GHG authority.

19Who is an eligible person

An eligible person is—

(a)an adult; or

(b)a company or a registered body under the Corporations Act; or

(c)a government owned corporation.

20What are the conditions of a GHG authority

(1)The conditions of a GHG authority are—

(a)the conditions stated in it from time to time; and

(b)the GHG authority holder’s obligations under chapters 2 to 5; and

(c)any condition of the GHG authority under chapters 2 to 5; and

(d)a condition that the holder must ensure each person acting for the holder who carries out an authorised activity for the GHG authority complies with its conditions to the extent they apply to the carrying out of the activity.

Note—

For who may carry out an authorised activity for the holder, see section 338 (Who may carry out authorised activity for GHG authority holder).

(2)A condition mentioned in subsection (1) (b) or (c) is a mandatory condition of the GHG authority.

21What are the provisions of a GHG authority

(1)A reference in this Act to a GHG authority includes a reference to its provisions.

(2)A reference in this Act to the provisions of a GHG authority is a reference to its mandatory or other conditions and anything written in it.

22What is an authorised activity for a GHG authority

An authorised activity, for a GHG authority, is an activity that its holder is under this Act or the authority, entitled to carry out in relation to the authority.

Notes—

1The provisions of the GHG authority may restrict the carrying out of authorised activities. See sections 41, 97, 120, 236 and 379 (3).

2The carrying out of authorised activities is subject to the restrictions and the holder’s rights and obligations under chapters 2 to 5. See section 337.

3The carrying out of particular activities on particular land in a GHG authority’s area may not be authorised following the taking of the land under a resumption law. See section 369B.

s 22 amd 2012 No. 20 s 26

23What is a GHG storage activity

A GHG storage activity is any authorised activity for any GHG authority, whether or not a GHG authority has been granted for the activity.

s 23 amd 2010 No. 31 s 410

24What is a work program for a GHG permit

(1)The work program for a GHG permit is its current initial or later work program approved under chapter 2, part 4 as amended from time to time under that part.

(2)For subsection (1), the work program is current if the period to which the program applies has started and not ended.

25What is a development plan for a GHG lease

(1)The development plan for a GHG lease is its current initial or later development plan approved under chapter 3, part 5 as amended from time to time under that part.

(2)For subsection (1), the development plan is current if the period to which the plan applies has started and has not ended.

26Graticulation of earth’s surface into blocks and sub-blocks

(1)A block is the land resulting from a notional division of the earth’s surface—

(a)by 2 meridians of longitude 5 minutes apart, each meridian being a multiple of 5 minutes of longitude from the meridian of Greenwich; and

(b)by 2 parallels of latitude 5 minutes apart, each parallel being a multiple of 5 minutes of latitude from the equator.

(2)A sub-block is the land resulting from a notional division of a block into 25 areas, each sub-block being bounded by 2 meridians 1 minute of longitude apart and 2 parallels of latitude 1 minute of latitude apart.

(3)Each block and sub-block must be identified in the way approved by the chief executive.

26AWhat is a resource Act

A resource Act is any of the following—

•this Act;

•the Geothermal Act;

•the Mineral Resources Act;

•the 1923 Act;

•the P&G Act.

s 26A ins 2010 No. 31 s 502 sch 2 pt 4

27GHG storage reservoirs the property of the State

(1)All GHG storage reservoirs in land in the State are and are taken always to have been the property of the State.

(2)To remove any doubt, it is declared that—

(a)a person does not acquire any property in a GHG storage reservoir or petroleum in it only because the person creates or discovers the reservoir; and

Note—

For other provisions about the ownership of petroleum, see the P&G Act, sections 26 to 28 and chapter 2, part 6, division 3.

(b) subsection (1) applies whether or not the land is freehold or other land.

(3)This section applies despite any other Act, grant, title or other document in force from the commencement of this section.

(4)In this section—

the State does not include any of the adjacent area under the Petroleum (Submerged Lands) Act 1982 .

28Reservation in land grants

(1)This section applies to each grant under another Act of a right relating to land.

(2)This section applies whether the grant was made before or after the commencement of this section.

(3)The grant is taken to contain a reservation to the State of—

(a)all GHG storage reservoirs in the land, whenever created; and

(b)the exclusive right to do the following in relation to the land—

(i)to enter and carry out any GHG storage activity;

(ii)to authorise under the provisions of this Act or another Act others to carry out any GHG storage activity;

(iii)to regulate under the provisions of this Act or another Act GHG storage activities carried out by others.

Note—

See however, section 420 (Provision for entry by State to carry out GHG storage activity).

(4)In this section—

grant, of a right, includes an authority, lease, licence, permit or other instrument of tenure, however called.

s 28 amd 2010 No. 31 s 411

Notes—

1For the requirement to have a GHG tenure, see section 386.

2Chapter 4 imposes requirements for and restrictions on the granting of, and restrictions on authorised activities that may be carried out under, particular GHG tenures. See section 182.

29Operation of pt 1

This part provides for the key authorised activities for a GHG permit.

Notes—

1For other authorised activities, see chapter 5, part 7, division 2 (Access to private land outside area of GHG authority) and part 12 (General provisions for conditions and authorised activities).

2For general restrictions on authorised activities, their relationship with owners’ and occupiers’ rights and who may carry out authorised activities for a GHG authority holder, see chapter 5, part 12, division 3.

3The carrying out of particular activities on particular land in a GHG permit’s area may not be authorised following the taking of the land under a resumption law. See section 369B.

s 29 amd 2012 No. 20 ss 27, 125 sch 1

30Principal authorised activities

The GHG permit holder may carry out the following activities in the permit’s area—

(a)GHG storage exploration;

(b)evaluating the feasibility of GHG stream storage, including for example, by GHG storage injection testing;

(c)plugging and abandoning, or otherwise remediating, a bore or well the holder reasonably believes is a legacy borehole, and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.

s 30 amd 2014 No. 47 s 342

31Incidental activities

(1)The GHG permit holder may carry out any other activity (an incidental activity) in the permit’s area if carrying it out is reasonably necessary for or is incidental to GHG storage exploration.

Examples of incidental activities—

1constructing or operating facilities, plant or works, including for example, communication systems, compressors, powerlines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks

2constructing or using temporary structures or structures of an industrial or technical nature, including for example, mobile and temporary camps

(2)However, constructing or using a structure other than a temporary structure, for office or residential accommodation is not an incidental activity.

s 31 amd 2009 No. 36 s 872 sch 2

32Operation of pt 2

(1)This part provides for a process for the granting of GHG permits by competitive tender.

(2)To remove any doubt, it is declared that a GHG permit can only be granted under this part.

33Call for tenders

(1)The Minister may by gazette notice invite tenders for a GHG permit (a call for tenders).

(2)The call must state—

(a)the day and time by which tenders in response to it must be made (the closing time for the call); and

(b)any criteria (special criteria) other than the work program criteria and capability criteria proposed to be used to decide whether to grant the GHG permit or to decide its provisions.

(3)The call may state other relevant matters, including for example, matters relevant to the work program criteria and capability criteria.

34Right to tender

(1)An eligible person may by a tender made under section 35, tender for a proposed GHG permit the subject of a call for tenders.

(2)However, a tender can not be made—

(a)after the closing time for the call; or

(b)for only part of the proposed GHG permit’s area.

s 34 amd 2011 No. 2 s 62

35Requirements for making tender

A tender for a GHG permit must—

(a)be made to the Minister in the approved form; and

(b)include—

(i)a statement about how and when the tenderer proposes to consult with and keep informed each owner and occupier of private or public land on which authorised activities for the proposed GHG permit are or are likely to be carried out; and

(ii)a proposed work program that complies with the initial work program requirements; and

(iii)a statement about the extent to which the tenderer has—

(A)the financial and technical resources to carry out authorised activities for the proposed GHG permit; and

(B)the ability to manage GHG storage exploration; and

(c)state that the applicant agrees to, as soon as practicable after the grant of the GHG permit to the applicant, give each of the owners or occupiers a notice—

(i)describing the activities proposed to be carried out on the land; and

(ii)stating where and when the activities will be carried out; and

(d)be accompanied by the fee prescribed under a regulation.

s 35 amd 2010 No. 31 s 412

37Right to terminate call for tenders

(1)The Minister may by gazette notice terminate a call for tenders at any time before deciding whether to grant a GHG permit to a person who has made a tender in response to the call.

(2)All tenders in response to the call lapse when the call is terminated.

(3)No amount, whether by way of compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the termination.

38Process for deciding tenders

Subject to section 42, any process the Minister considers appropriate may be used to decide a call for tenders, including for example, by a process appointing a preferred tenderer on the tenders made in response to the call.

39Provisions for preferred tenderers

(1)The Minister may require a preferred tenderer for the call for tenders to—

(a)pay any amounts necessarily incurred or to be incurred to enable the GHG permit to be granted; and

(b)to do all or any of the following within a stated reasonable period—

(i)pay the annual rent for the first year of the GHG permit;

(ii)give under section 271, security for the GHG permit.

(2)If a preferred tenderer does not—

(a)comply with a requirement under subsection (1); or

(b)do all things reasonably necessary to allow a GHG permit to be granted to the tenderer;

the Minister may appoint another tenderer to be the preferred tenderer.

40Deciding whether to grant GHG permit

(1)The Minister may, after the closing time for the call for tenders—

(a)grant a GHG permit to 1 tenderer; or

(b)refuse to grant any GHG permit.

(2)However—

(a)before deciding to grant the GHG permit, the Minister must decide whether to approve the applicant’s proposed initial work program for the permit; and

(b)the Minister can not grant the GHG permit unless—

(i)the tenderer is an eligible person; and

(ii)the proposed program has been approved; and

(iii)a relevant environmental authority has been issued.

Note—

If a tender relates to acquired land, see also section 369C.

s 40 amd 2012 No. 20 s 28

41Provisions of GHG permit

(1)Each GHG permit must state its term and area.

(2)The term—

(a)must be for at least the required program period for the initial work program for the GHG permit under the call for tenders; but

(b)must end no later than 12 years after the GHG permit takes effect.

(3)The GHG permit may also state—

(a)conditions or other provisions of the GHG permit other than conditions or provisions that are—

(i)inconsistent with the mandatory conditions for GHG permits; or

(ii)the same as or substantially the same as or inconsistent with any relevant environmental condition; and

(b)the day it takes effect; and

(c)GHG permit’s relinquishment days.

(4)However, the provisions of the GHG permit may exclude or restrict the carrying out of an authorised activity for the permit.

(5)The day of effect must not be before the day the GHG permit is granted.

(6)If no day of effect is stated, the GHG permit takes effect on the day it is granted.

(7)The first relinquishment day must not be later than 4 years after the day the GHG permit is to take effect.

(8)The second and any later relinquishment days must not be later than 4 years after the previous relinquishment day.

(9)If relinquishment days are not stated, they are taken to be—

(a)the day that is the fourth anniversary of the GHG permit’s day of effect; and

(b)each day during its term that is the end of a 4 yearly interval after the day of effect.

42Criteria for decisions

(1)In deciding whether to grant a GHG permit or deciding its provisions the Minister must consider—

(a)any special criteria; and

(b)the applicant’s proposed initial work program; and

(c)the extent to which the Minister is of the opinion that the tenderer is capable of carrying out authorised activities for the GHG permit, having regard to the tenderer’s—

(i)financial and technical resources; and

(ii)ability to manage GHG storage exploration.

(2)The matters mentioned in subsection (1) (c) are the capability criteria.

(3)A person satisfies the capability criteria if the Minister forms the opinion mentioned in subsection (1) (c).

43Notice to unsuccessful tenderers

After a call for tenders has been decided, the Minister must give each tenderer not granted the GHG permit notice of the decision.

44Area of GHG permit

(1)This section provides for the area of a GHG permit.

(2)The area does not include excluded land for the GHG permit.

Note—

See also section 369B (3) if land in the GHG permit’s area is taken under a resumption law.

(3)Unless the Minister otherwise decides, the area must form a single parcel of land.

(4)The area must not include any of the following (unavailable land)—

(a)land in the area of another GHG tenure;

(b)excluded land for a GHG tenure;

(c)land that a regulation prescribes as land over which a GHG permit can not be granted.

(5)The area may include a part of a block only if the part is all areas within the block that are left after taking away all unavailable land within the block (a residual block).

Note—

See also section 369B (3) if land in the GHG permit’s area is taken under a resumption law.

(6)The area must be no more than 100 blocks or residual blocks, in any combination.

s 44 amd 2012 No. 20 s 29

45References to sub-blocks of GHG permit

(1)This section applies if a GHG permit states that its area includes land within a block without including or excluding any particular sub-block.

(2)The reference to the block is a reference to all sub-blocks within the block to the extent they do not consist of unavailable land.

Note—

See also section 369B (3) if land in the GHG permit’s area is taken under a resumption law.

(3)To remove any doubt, it is declared that if land within any of the sub-blocks ceases to be unavailable land, the cessation itself does not cause the land to be within the permit’s area.

s 45 amd 2012 No. 20 s 30

46Minister’s power to decide excluded land

(1)The Minister may decide excluded land for a GHG permit or proposed GHG permit.

(2)However, the power under subsection (1) may be exercised only when the Minister is deciding whether to—

(a)grant or renew the GHG permit; or

(b)approve any later work program for the GHG permit.

(3)However, excluded land can not be a whole block.

(4)Excluded land may be described in a way the Minister considers appropriate, including for example, by area or by reference to a stated type of land.

(5)Land ceases to be excluded land for a GHG permit if—

(a)the block in which the land is located is relinquished or for any other reason ceases to be in the permit’s area; or

(b)a GHG lease is granted over any of the GHG permit’s area and the land is excluded land for the lease.

47Minister may add excluded land

(1)The Minister may amend a GHG permit by adding excluded land for the GHG permit to its area only if—

(a)the GHG permit as amended complies with section 44; and

(b)the GHG permit holder consents.

(2)If land mentioned in subsection (1) is added to the GHG permit’s area the land ceases to be excluded land for the permit.

(3)The Minister may amend the provisions of the GHG permit in a way that reflects the inclusion of the excluded land.

(4)Also, the Minister may give the GHG permit holder a notice—

(a)withdrawing from a stated day, the approval of the work program for the GHG permit; and

(b)directing the holder to give the Minister a proposed later work program for the GHG permit that—

(i)complies with the later work program requirements; and

(ii)changes the work program for the GHG permit to reflect the inclusion of the excluded land.

Note—

For other relevant provisions about giving a document to the Minister, see section 411.

(5)The amended provisions of the GHG permit or the proposed later work program must not be—

(a)inconsistent with the mandatory conditions for GHG permits; or

(b)the same as or substantially the same as or inconsistent with any relevant environmental condition.

s 47 amd 2012 No. 20 s 281 sch 2

48Area of GHG permit reduced on grant of GHG lease

(1)Land ceases to be included in the area of a GHG permit if a GHG lease is granted to the permit holder over the land.

(2)If a GHG lease is granted to the GHG permit holder over all of the area of a GHG permit, the permit ends.

49Effect of ending of declaration of potential storage area

(1)This section applies if—

(a)all or part of the area of a GHG permit is a potential storage area; and

(b)the declaration of the potential storage area ends more than 12 years after the GHG permit originally took effect.

(2)If the declaration applied to a part of the GHG permit’s area, the part ceases to be included in the area.

(3)If the declaration applies to all of the GHG permit’s area, the permit ends.

50Function and purpose

(1)The work program for a GHG permit gives detailed information about the nature and extent of activities to be carried out under the permit.

(2)The purposes of giving the information are to—

(a)allow resource management decisions to be made; and

(b)ensure appropriate development of the GHG permit.

51Operation of div 2

This division provides for requirements (the initial work program requirements) for a proposed work program for a proposed GHG permit.

52Program period

(1)The proposed program must state its period.

(2)The period must be the same as the required period under the relevant call for tenders.

53General requirements

(1)The proposed program must provide for all of the following—

(a)an overview of the activities proposed to be carried out under the proposed GHG permit during all of its term;

(b)for each year of the program period—

(i)the extent and nature of GHG storage exploration proposed to be carried out during the year; and

(ii)generally where the activities are proposed to be carried out; and

(iii)the estimated cost of the activities;

(c)maps that show where the activities are proposed to be carried out;

(d)the composition of GHG streams proposed to be injected under the GHG permit;

(e)a description of any pipeline land for the GHG permit;

(f)reasons why the program is considered appropriate;

(g)another matter prescribed under a regulation.

(2)The proposed program may include any other information relevant to the work program criteria.

(3)The composition of GHG streams to be injected under the proposed GHG permit must comply with section 83.

(4)A regulation may impose requirements about the form of the work program.

(5)In this section—

year, of the program period, means—

(a)the period starting on the day the program period starts and ending on the first anniversary of that day; and

(b)each subsequent period of 12 months or less during the program period starting on each anniversary of that day and ending on—

(i)the next anniversary of that day; or

(ii)if the program period ends before the next anniversary—the day the program period ends.

54Water issues

(1)In preparing the proposed work program, the proposed GHG permit holder must have regard to potential groundwater issues.

(2)The proposed work program must include a plan for the treatment and disposal of any water taken or that may be taken because of the carrying out of authorised activities for the proposed GHG permit.

Note—

For the requirement for approval of an initial work program, see section 40 (Deciding whether to grant GHG permit).

55Criteria

(1)In deciding whether to approve a proposed initial work program the Minister must consider—

(a)the potential of the proposed area of the GHG permit for GHG storage exploration; and

(b)the extent and nature of and when and where the tenderer proposes to carry out the proposed GHG storage exploration; and

(c)any relevant authorisation required under the Water Act.

(2)The matters mentioned in subsection (1) are the work program criteria.

56Verification may be required

(1)The Minister may by notice require the applicant to give the Minister within a stated reasonable period a document made by an appropriately qualified independent person that verifies—

(a)an assessment of data supplied in the proposed initial work program; or

(b)the source of the data; or

(c)the work done for the proposed program; or

(d)that, in the person’s opinion, the applicant has—

(i)the financial and technical resources to carry out authorised activities for the proposed GHG permit; and

(ii)the ability to manage GHG storage exploration.

(2)If the applicant does not comply with the requirement, the Minister may refuse to approve the proposed program.

(3)The applicant must pay any costs incurred in complying with the requirement.

s 56 amd 2010 No. 31 s 414

57Referral to Water Act Minister

The Minister can not approve the proposed work program unless—

(a)the Minister has given the Water Act Minister a copy of the proposed work program; and

(b)the Water Act Minister has approved the proposed work program to the extent it relates to potential groundwater issues.

58Operation of div 4

This division provides for requirements (the later work program requirements) for a proposed later work program for a GHG permit.

Note—

For the requirements to give a proposed later work program, see sections 91 (Obligation to give proposed later work program), 138 (Minister may add excluded land) and 379 (Types of noncompliance action that may be taken).

59General requirements

The proposed program must—

(a)other than for the program period, comply with the initial work program requirements; and

(b)state the extent to which the current work program for the GHG permit has been complied with; and

(c)if there have been any amendments to the GHG permit or the current work program, state—

(i)whether the changes have been incorporated in the proposed program; and

(ii)any effect the changes have on the proposed program; and

(d)state the effect of the discovery of any GHG stream storage site on the proposed program.

60Program period

(1)The proposed program must state its period.

(2)The period must not be longer than—

(a)if the term of the rest, or the renewed term, of the GHG permit is less than 4 years—the rest of its term or renewed term; or

(b)if the term of the rest, or the renewed term, of the GHG permit is 4 years or more, the following—

(i)generally—4 years from the start of the period;

(ii)if the Minister approves a longer period—the longer period.

(3)However, the Minister can not approve a period longer than the rest of the term or renewed term of the GHG permit.

61Implementation of evaluation program for potential storage area

If under section 103, an evaluation program is taken to be an additional part of the existing work program for the GHG permit, the proposed program must include work necessary to implement the evaluation program for the period of that program.

62Application of div 5

This division applies if, under this Act, a proposed later work program is given to the Minister for approval.

63GHG permit taken to have work program until decision on whether to approve proposed work program

(1)This section applies until—

(a)if the approval is given—the holder is given notice of the approval; or

(b)if the approval is refused—when the refusal takes effect.

(2)Despite the ending of the program period for the current work program for the GHG permit—

(a)the GHG permit is taken to have a work program; and

(b)the holder may carry out any authorised activity for the GHG permit.

64Deciding whether to approve proposed program

(1)The Minister may approve or refuse to approve the proposed program.

(2)In deciding whether to approve the proposed program the Minister must consider each of the following—

(a)the work program criteria and capability criteria and any special criteria that applied for deciding the application for the GHG permit;

(b)the extent to which the current work program has been complied with;

(c)any amendments made to the GHG permit or its current work program and the reasons for the changes;

(d)any GHG storage viability report or independent viability assessment for the GHG permit.

(3)Also, if the GHG permit was granted in response to a tender, any other work program proposed by other tenderers for the permit must be considered.

(4)However, subsection (3) applies only to the extent the other program includes the period of the proposed plan.

65Steps after, and taking effect of, decision

(1)If the Minister decides to approve the proposed later work program, the Minister must give the holder notice of the decision.

(2)If the Minister decides to refuse to approve the later work program, the Minister must give the holder an information notice about the decision.

(3)An approval takes effect when the holder is given the notice or if the notice states a later day of effect, on that later day.

(4)A refusal does not take effect until the end of the appeal period for the decision to refuse.

66Restrictions on amending work program

(1)A GHG permit holder may amend the work program for the permit only if—

(a)an application for approval of the amendment has been made under this division and the amendment has been approved under this division; and

(b)if the amendment is to extend the period of the work program—the requirements under subsection (2) have been complied with.

(2)For subsection (1) (b), the requirements are each of the following—

(a)if the work program is the initial work program for the GHG permit—the Minister must be satisfied the work program needs to be amended for a reason beyond the holder’s control;

(b)the period of the work program, or any earlier work program for the GHG permit, must not have previously been extended;

(c)the extension can not be for a term that ends later than—

(i)1 year after the current period of the work program; or

(ii)12 years after the GHG permit originally took effect;

(d)within 3 months before the making of the application—

(i)a person (the designated person) became a holder of the GHG permit; or

(ii)a person (also the designated person) obtained registration of a transfer of a share in the GHG permit;

(e)the share or proposed share of the designated person in the GHG permit is at least 50%;

(f)the designated person is not under the Corporations Act, section 64B, an entity connected with another person who is a holder of the GHG permit.

67Applying for approval to amend

(1)A GHG permit holder may apply for approval to amend the work program for the permit.

(2)However, the application can not be made less than 20 business days before the end of the period stated in the work program for carrying out work under the program.

(3) Subsection (2) does not apply if the Minister is satisfied the work program needs to be amended for a reason beyond the holder’s control.

Note—

For other relevant provisions about applications, see chapter 7, part 1.

s 67 amd 2012 No. 20 s 281 sch 2

68Requirements for making application

The application must be—

(a)made to the Minister in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

69Deciding application

(1)If the proposed amendment—

(a)does not relate to the initial work program for the GHG permit; and

(b)is to substitute the carrying out of an authorised activity (the original activity) with another authorised activity;

the Minister may approve the amendment only if satisfied the other activity is at least of an equivalent use for GHG storage exploration as the original activity.

(2)If the application is to extend the period of the work program for the GHG permit, the Minister may approve the amendment only if satisfied—

(a)the requirements under section 66 (2) have been complied with; and

(b)the designated person mentioned in section 66 (2) is likely to provide additional financial or technical resources for the GHG permit; and

(c)the work program will be finished within the period of the extension.

Note—

For additional provisions about relinquishment if the period is extended, see sections 72 (1) (c) and 90.

(3)Otherwise, the Minister may approve the amendment only if satisfied it is necessary because of a circumstance—

(a)not related to—

(i)the applicant’s financial or technical resources or ability to manage GHG storage exploration; or

(ii)the results of exploration; and

(b)the happening of which is or was beyond the applicant’s control; and

(c)that could not have been prevented by a reasonable person in the applicant’s position.

(4)Also, if the amendment is approved under subsection (3), any relinquishment day for the GHG permit may be deferred for a period relating to a circumstance mentioned in subsection (3).

(5)A deferral under subsection (4)—

(a)can not be for longer than 12 years after the GHG permit took effect; and

(b)does not defer any later relinquishment day for the GHG permit.

(6)If under this section an amendment is approved, a condition may be imposed on the GHG permit requiring its holder to relinquish by a notice to the chief executive at least a stated percentage of the permit’s area on or before a stated day.

70Steps after, and taking effect of, decision

(1)If the Minister decides to approve the proposed amendment, the Minister must give the holder notice of the decision.

(2)If the Minister decides to refuse to approve the proposed amendment, the Minister must give the applicant an information notice about the decision.

(3)The refusal takes effect when the holder is given the notice or if the notice states a later day of effect, on that later day.

71Operation of pt 5

This part provides for particular mandatory conditions for GHG permits.

72Standard relinquishment condition

(1)It is a condition (the relinquishment condition) of each GHG permit that its holder must relinquish part of its area as provided for under this division—

(a)on or before each of its relinquishment days; and

(b)if section 76 (3) applies—on the day provided for under that subsection; and

(c)if under part 4, division 6, the period of the work program for the GHG permit has been extended—the day on which the extended period ends.

(2)However, if under section 69 (4), a relinquishment day for the GHG permit (the original day) is deferred for a stated period, for the relinquishment condition—

(a)the relinquishment that was required on or before the original day is taken to have been deferred until the end of the stated period; but

(b)the relinquishments required under the relinquishment condition on any later relinquishment days for the GHG permit must be made as if the deferral has not been granted.

(3)A relinquishment required under the relinquishment condition—

(a)must be made by notice to the chief executive (a relinquishment notice); and

(b)takes effect on the day after the notice is given.

(4)This section does not prevent the holder from relinquishing by relinquishment notice more than the part provided for under this division.

s 72 amd 2010 No. 31 s 408 sch 2 pt 1

73Consequence of failure to comply with relinquishment condition

(1)If the holder of a GHG permit does not comply with the relinquishment condition, the Minister must give the holder a notice requiring the holder to comply with the condition within 20 business days after the giving of the notice.

(2)If the holder does not comply with the requirement, the GHG permit is cancelled.

74Part usually required to be relinquished

(1)This section applies for the relinquishment for—

(a)each relinquishment day for the GHG permit; and

(b)any other day mentioned in section 72 (1) (b) or (c) that applies to the GHG permit.

(2)The relinquishment must have the effect that by the day at least 8.33% of the original sub-blocks of the permit have been relinquished for each year that has passed since the GHG permit originally took effect.

(3)This section is subject to sections 76 and 77.

75Sub-blocks that can not be counted towards relinquishment

(1)The following can not be counted as sub-blocks relinquished for the relinquishment condition—

(a)sub-blocks relinquished under a condition imposed under section 69 (6);

(b)sub-blocks in an area that under section 48, have ceased to be included in the GHG permit;

(c)the mere declaration of the sub-blocks as a potential storage area for the GHG permit;

(d)sub-blocks the subject of an application for a GHG lease or potential storage area;

(e)sub-blocks relinquished under a penalty relinquishment.

(2)To remove any doubt, it is declared that a potential storage area can be relinquished and can be counted as an area relinquished for the relinquishment condition.

(3)In this section—

penalty relinquishment means a relinquishment that is—

(a)made under section 90 or under a requirement under section 379 (1) (b); and

(b)more than the sub-blocks required to be relinquished under the relinquishment condition.

76Adjustments for sub-blocks that can not be counted

(1)This section applies for a relinquishment day if after taking away all sub-blocks that under section 75 can not be counted for the relinquishment condition, the balance of the sub-blocks of the GHG permit is less than the sub-blocks required to be relinquished under section 74.

(2)The relinquishment condition is taken to have been complied with if the GHG permit holder gives a relinquishment notice for all of the balance.

(3)However, if—

(a)a sub-block not counted for the relinquishment condition was the subject of an application for a GHG lease or potential storage area; and

(b)the result of the application is that it is refused;

the GHG permit holder must within 20 business days after the appeal period for the decision to refuse give a relinquishment notice for that sub-block.

77Adjustment for particular potential storage areas

If the only way to comply with the relinquishment condition is to relinquish all or part of a potential storage area for the GHG permit, the relinquishment condition is taken to be complied with if all remaining original sub-blocks of the permit are relinquished.

78Relinquishment must be by blocks

(1)A relinquishment under the relinquishment condition can only be by blocks.

(2)However, if a block contains an area that, under section 75 can not be counted as a relinquishment, subsection (1) is complied with if all of the rest of the land within the block is relinquished.

79Ending of GHG permit if all of its area relinquished

If all of the area of a GHG permit is relinquished, the permit ends.

80Compliance with test plan for GHG storage injection testing

(1)A GHG permit holder may carry out GHG storage injection testing only in accordance with the following—

(a)a test plan for that purpose approved by the Minister;

(b)all conditions of the approval.

(2)The holder may ask the Minister to approve a test plan proposed by the holder.

(3)The proposed test plan must comply with any requirements prescribed under a regulation.

(4)The Minister may impose conditions on the granting of the approval.

(5)If the Minister decides to refuse to approve the proposed test plan or to impose conditions on the granting of the approval, the Minister must give the holder an information notice about the decision.

81Restriction on substances that may be used for GHG storage injection testing

A GHG permit holder can not use a substance other than a GHG stream or water for injection for GHG storage.

82Restriction on substances that may be used for GHG stream storage

A GHG permit holder can not use a substance other than a GHG stream for GHG stream storage.

83Restriction on GHG streams that may be used

A GHG permit holder may use a GHG stream for GHG storage injection testing or GHG stream storage only if it consists only of carbon dioxide and—

(a)a substance incidentally derived from—

(i)the process called carbon dioxide capture, transport and geological storage, also called carbon capture and storage; or

(ii)GHG storage; or

(b)a detection agent prescribed under a regulation at the rate or concentration prescribed under a regulation.

Note—

A stream is a GHG stream only if is a stream of carbon dioxide or a substance that overwhelmingly consists of carbon dioxide. See section 12 (What is a GHG stream).

84Water Act authorisation required for taking or interference with water

A GHG permit holder can not take or interfere with water as defined under the Water Act unless the taking or interference is authorised under that Act.

Note—

For relevant Water Act provisions, see sections 19 and 808 of that Act.

85Obligation to consult with particular owners and occupiers

(1)A GHG permit holder must consult or use reasonable endeavours to consult with each owner and occupier of private or public land on which authorised activities for the permit are proposed to be carried out or are being carried out.

(2)The consultation must be about—

(a)access; and

(b)the carrying out of authorised activities for the GHG permit (including, for example, crossing access land for the permit) to the extent they relate to the owners and occupiers; and

(c)the GHG permit holder’s compensation liability to the owners or occupiers.

s 85 sub 2010 No. 31 s 439

86Annual rent

(1)A GHG permit holder must pay the State the annual rent as prescribed under a regulation.

(2)The annual rent must be paid in the way, and on or before the day prescribed under a regulation.

87Civil penalty for nonpayment of annual rent

(1)If a GHG permit holder does not pay the annual rent as required under section 86, the holder must also pay the State a civil penalty.

(2)The amount of the penalty is 15% of the rent.

(3)The penalty—

(a)must be paid on the day after the last day for payment of the rent; and

(b)is still payable even if the holder later pays the rent.

Note—

See also section 372 (Interest on amounts owing to the State).

88Requirement to have work program

The holder of a GHG permit must have a work program for the permit.

89Compliance with GHG storage exploration activities in work program

A GHG permit holder must carry out the GHG storage exploration activities proposed in the permit’s work program.

90Penalty relinquishment if work program not finished within extended period

(1)If—

(a)under part 4, division 6, the period of the work program for a GHG permit has been extended; and

(b)the work program is not finished on or before the day on which the extended period ends;

its holder must relinquish a part of the original sub-blocks of the GHG permit that the Minister is satisfied corresponds to the amount of the work under the work program that was not finished.

(2)The holder must give the chief executive written notice of the relinquishment within 20 business days after the end of the extended period.

(3)If the holder does not comply with subsection (2), the Minister may take action under section 379 (1) (b).

91Obligation to give proposed later work program

(1)This section imposes an obligation on a GHG permit holder to give the Minister a proposed later work program for the permit.

Notes—

1For approval of the proposed program, see part 4, division 5.

2If the holder wishes to renew the GHG permit, a proposed later work program must be included in the renewal application. See section 94 (1).

(2)The obligation is complied with only if the proposed later work program—

(a)complies with the later work program requirements; and

(b)is accompanied by the relevant fee.

(3)A proposed later work program must be given to the Minister at least 40 but no more than 100 business days before the end of the program period for the current work program for the GHG permit (the current work program period).

(4)However, if before the end of the current work program period a decision is made to refuse to approve a proposed later work program given under subsection (3), the holder may within the period give another proposed later work program.

(5)If the holder does not give the Minister any proposed later work program before the end of the current work program period or if subsection (4) applies and the holder has not given the Minister another proposed later work program within the current work program period—

(a)the Minister must give the holder a notice requiring the holder to give the Minister a proposed later work program for the GHG permit within 40 business days after the giving of the notice; and

(b)the holder must comply with the requirement.

(6)In this section—

relevant fee, for the giving of the proposed program, means—

(a)if the proposed program is given within the time required under subsection (3)—the fee prescribed under a regulation; or

(b)if the proposed program is given after the time required under subsection (3)—

(i)if it is given under subsection (4)—nil; or

(ii)if it is not given under subsection (4)—an amount that is 10 times the prescribed fee.

92Consequence of failure to comply with notice to give proposed later work program

(1)If a GHG permit holder does not comply with a requirement under section 91 (5) (a), the permit is cancelled.

(2)However, the cancellation does not take effect until the Minister gives the holder a notice stating that the GHG permit has been cancelled because of the operation of subsection (1).

93Conditions for renewal application

(1)A GHG permit holder may apply to renew the permit only if none of the following is outstanding—

(a)annual rent for the GHG permit;

(b)a civil penalty under section 87 for nonpayment of annual rent;

(c)security required for the GHG permit, as required under section 271;

(d)interest payable under section 372 on annual rent or a civil penalty.

(2)Also, the application can not be made—

(a)more than 60 business days before the end of the GHG permit’s term; or

(b)after the GHG permit has ended.

94Requirements for making application

(1)The application must—

(a)be made to the Minister in the approved form; and

(b)include a statement about how and when the applicant proposes to consult with and keep informed each owner and occupier of private or public land on which authorised activities for the renewed GHG permit are or are likely to be carried out; and

(c)include a proposed later work program for the renewed GHG permit; and

(d)be accompanied by—

(i)the application fee prescribed under a regulation; and

(ii)if the application is made less than 20 business days before end of the GHG permit’s term—an amount that is 10 times the application fee.

(2)The proposed work program must comply with the later work program requirements.

95Continuing effect of GHG permit for renewal application

(1)This section applies if before the application is decided the GHG permit’s term ends.

(2)Despite the ending of the term, the GHG permit continues in force until the earlier of the following to happen—

(a)the start of any renewed term of the GHG permit;

(b)a refusal of the application takes effect;

(c)the application is withdrawn;

(d)the GHG permit is cancelled under this Act.

(3)Also, if the applicant has applied for a declaration of a potential storage area for the GHG permit, it continues in force until the declaration application is decided but only for the area of the proposed GHG potential storage area applied for.

(4)If the GHG permit is continued in force under subsection (3), the evaluation program included in the declaration application is taken to be the work program for the permit.

(5)If the GHG permit is renewed, subsections (2) and (3) are taken never to have applied for the period from the end of the term of the GHG permit being renewed as stated in that permit.

96Deciding application

(1)The Minister may grant or refuse the renewal.

(2)However—

(a)before deciding to grant the renewal, the Minister must decide whether to approve the applicant’s proposed later work program for the renewed GHG permit; and

(b)the renewal can not be granted unless—

(i)the proposed program has been approved; and

(ii)the applicant satisfies the capability criteria; and

(iii)the Minister is satisfied the applicant—

(A)continues to satisfy any special criteria that applied for deciding the application for the GHG permit being renewed; and

(B)has substantially complied with the GHG permit being renewed; and

(iv)a relevant environmental authority has been issued.

Note—

If the application relates to acquired land, see also section 369C.

(3)Also, if the applicant has been given a notice under section 107 to apply for a GHG lease, the application must not be decided until the issue of whether a GHG lease will be granted is decided.

(4) Subsection (3) does not limit the power under section 108 to take a proposed action as stated in the notice.

(5)The Minister may as a condition of deciding to grant the application require the applicant to do all or any of the following within a stated reasonable period—

(a)pay the annual rent for the first year of the renewed GHG permit;

(b)give under section 271, security for the renewed GHG permit.

(6)If the applicant does not comply with the requirement, the application may be refused.

s 96 amd 2012 No. 20 s 31

97Provisions and term of renewed GHG permit

(1)Subject to this section, section 41 applies to the renewed GHG permit as if it were a GHG permit granted under part 2.

(2)To remove any doubt, it is declared that the conditions of the renewed GHG permit may be different from the conditions or other provisions of the GHG permit being renewed.

(3)The area of the renewed GHG permit must not be more than the area of the GHG permit being renewed immediately before the renewed GHG permit is to take effect.

Note—

See, however, section 369C in relation to acquired land that was previously in the area of the GHG permit being renewed.

(4)The first relinquishment day for the renewed GHG permit must not be later than 4 years after the day the renewed GHG permit is to take effect.

(5)If the renewed GHG permit is decided before the end of the term of the GHG permit being renewed as stated in that GHG permit (the previous term), the term of the renewed GHG permit is taken to start from the end of the previous term.

(6)If the renewed GHG permit is decided after the previous term, the term of the renewed GHG permit starts immediately after the end of the previous term, but—

(a)the conditions of the renewed GHG permit do not start until its holder is given notice of them; and

(b)until the notice is given, the conditions of the GHG permit being renewed apply to the renewed GHG permit as if they were its conditions.

(7)The term of the renewed GHG permit must not end more than 12 years from when it originally took effect.

(8)However, if any part of the renewed GHG permit’s area is a potential storage area, the term of the renewed GHG permit for that part may be for a longer period that—

(a)ends no later than when the declaration ends; and

(b)is no more than the last term of the GHG permit being renewed.

(9)To remove any doubt, it is declared that subsection (8) (b) does not prevent a renewal of the renewed GHG permit.

s 97 amd 2012 No. 20 s 32

98Criteria for decisions

In deciding whether to grant the renewal or deciding the provisions of the renewed GHG permit the Minister must consider—

(a)the work program criteria; and

(b)whether the applicant continues to satisfy the capability criteria and any special criteria.

99Information notice about refusal

If the Minister decides to refuse the application, the Minister must give the applicant an information notice about the decision.

100When refusal takes effect

A refusal of the application does not take effect until end of the appeal period for the decision to refuse.

101Applying for potential storage area

(1)The holder of a GHG permit may apply for a declaration by the Minister that all or a stated part of its area is a potential storage area for the permit.

(2)The application must be—

(a)made to the Minister in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(3)The application may be made—

(a)for more than 1 part of the GHG permit’s area; and

(b)even if another part of the GHG permit’s area is already a potential storage area.

(4)The application must include—

(a)a report for or that includes the proposed potential storage area that—

(i)meets the requirements under section 246 for a GHG storage viability report; and

(ii)is still relevant to the circumstances of the proposed potential storage area; and

(b)an evaluation program for—

(i)potential GHG stream storage in the proposed potential storage area; and

(ii)market opportunities for potential GHG stream storage.

(5)However, subsection (4) (a) does not apply if—

(a)a GHG storage viability report or an independent viability assessment relates to or includes the proposed potential storage area; and

(b)the report or assessment is still relevant to the circumstances of the proposed potential storage area.

s 101 amd 2010 No. 31 s 408 sch 2 pt 1

102Deciding potential storage area application

(1)The Minister may declare an area the subject of the application to be a potential storage area only if satisfied—

(a)the area is no more than is needed to cover the maximum extent of a GHG stream storage site identified in the report; and

(b)the applicant does not and will not soon have an available GHG stream for GHG stream storage in the area to be declared, but a GHG stream is likely to become available for GHG stream storage in the area.

(2)The area declared must form a single parcel of land.

(3)In deciding the application, regard must be had to whether the conditions of the relevant GHG permit have been substantially complied with.

(4)To remove any doubt, it is declared that the declaration may be made even if the GHG permit has been continued in force under section 95 or 116.

(5)If the Minister decides to refuse the application, the Minister must give the applicant an information notice about the decision.

s 102 amd 2010 No. 31 s 408 sch 2 pt 1

103Inclusion of evaluation program in work program

(1)If the declaration is made, the evaluation program that accompanied the application is taken to be an additional part of the existing work program for the GHG permit.

(2)If there is an inconsistency between the evaluation program and the rest of the work program, the evaluation program prevails to the extent of the inconsistency.

104Term of declaration

(1)A declaration of a potential storage area continues in force for the period stated in the declaration.

(2)The period can not be more than 10 years.

(3)In deciding a shorter period the Minister must consider—

(a)when any discovery of a GHG stream storage site was made; and

(b)any GHG storage viability report or independent viability assessment for or that includes the proposed potential storage area.

(4)Despite subsection (1), the declaration ceases if the GHG permit holder gives the chief executive a notice stating that the holder no longer wishes the area to be a potential storage area.

Note—

For other relevant provisions about giving a document to the chief executive, see section 411.

s 104 amd 2010 No. 31 s 408 sch 2 pt 1; 2012 No. 20 s 281 sch 2

105Potential storage area still part of GHG permit

A declaration of a potential storage area does not change the land the subject of the declaration from being—

(a)part of the area of the GHG permit the subject of the application for the declaration; and

(b)subject to the GHG permit.

106Application of pt 8

This part applies if the Minister reasonably considers the holder of a GHG permit should apply for a GHG lease for all or part of the permit’s area because a GHG stream is or soon will be available for GHG stream storage in the area.

107Ministerial direction to apply for GHG lease

(1)The Minister may give the GHG permit holder a notice stating each of the following—

(a)that the Minister proposes to do either of the following, (the proposed action) unless the holder has made an appropriate lease application—

(i)excise a stated area from the area of the GHG permit;

(ii)cancel the GHG permit;

(b)the grounds for the proposed action;

(c)the facts and circumstances forming the basis for the grounds;

(d)that the holder may within a stated period, make submissions to the Minister about why the holder should not make a GHG lease application for the stated area.

Note—

For other relevant provisions about making a submission, see section 411.

(2)The stated period must be reasonable but must not be more than 6 months.

(3)In this section—

appropriate lease application means a GHG lease application for—

(a)the stated area or an area that is substantially the same as the stated area; or

(b)another area the Minister reasonably considers will effectively allow the holder to carry out authorised activities for a GHG lease in relation to the stated area.

s 107 amd 2012 No. 20 s 281 sch 2

108Taking proposed action

(1)Proposed action under section 107 may be taken only if—

(a)the stated period under that section has ended; and

(b)either—

(i)the holder has not made an appropriate GHG lease application under that section; or

(ii)any appropriate lease application under that section made by the holder has been refused; and

(c)the Minister has considered any submissions made by the holder within the period.

(2)The decision does not take effect until the holder is given an information notice about the decision.

(3)A refusal of the application takes effect at end of the appeal period for the decision to refuse.

Notes—

1For the requirement to have a GHG tenure, see section 386.

2Chapter 4 imposes requirements for and restrictions on the granting of, and restrictions on authorised activities that may be carried out under, particular GHG tenures. See section 182.

109Operation of pt 1

This part provides for the key authorised activities for a GHG lease.

Notes—

1For other authorised activities, see chapter 5, part 7, division 2 (Access to private land outside area of GHG authority) and part 12 (General provisions for conditions and authorised activities).

2For general restrictions on authorised activities, their relationship with owners’ and occupiers’ rights and who may carry out authorised activities for a GHG authority holder, see chapter 5, part 12, division 3.

3The carrying out of particular activities on particular land in the GHG lease’s area may not be authorised following the taking of the land under a resumption law. See section 369B.

s 109 amd 2012 No. 20 ss 33, 125 sch 1

110Principal authorised activities

The GHG lease holder may carry out the following activities in the lease’s area—

(a)GHG storage exploration;

(b)evaluating the feasibility of GHG stream storage, including for example, by GHG storage injection testing;

(c)compressing or otherwise processing a GHG stream for GHG stream storage;

(d)GHG stream storage;

(e)monitoring and verifying the behaviour of the GHG streams;

(f)plugging and abandoning, or otherwise remediating, a bore or well the holder reasonably believes is a legacy borehole, and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.

s 110 amd 2014 No. 47 s 343

111GHG stream pipeline and water pipeline construction and operation

(1)The GHG lease holder may construct and operate GHG stream pipelines and water pipelines in the lease’s area.

Note—

The P&G Act provides for the granting of licences that will allow the investigation and surveying for, and the construction and operation of, GHG stream pipelines outside the area of a GHG lease. See sections 16, 394 and 402 of that Act.

(2)However, if a GHG stream pipeline or water pipeline extends beyond the area of the GHG lease, subsection (1) applies only if the pipeline is completely within—

(a)the GHG lease’s area; and

(b)the area of 1 or more other GHG leases that are—

(i)contiguous to the GHG lease; and

(ii)also held by the holder or are subject to a GHG coordination arrangement to which the holder is a party.

(3)Also, if the pipeline is a water pipeline, the pipeline may only be operated to transport water for the carrying out of an authorised activity for the GHG lease or another GHG lease mentioned in subsection (2) (b) on an area mentioned in subsection (2).

(4) Subsection (3) does not prevent the GHG lease holder from constructing or operating a water pipeline if the holder can otherwise lawfully do so.

(5)In this section—

operate, a GHG stream pipeline, includes use, inspect, test, maintain, repair, alter, add to and replace the pipeline.

water pipeline means—

(a)a pipe or system of pipes for transporting water; and

(b)a thing connected to or associated with the pipeline that is necessary for its operation, including for example, a thing mentioned in the examples to section 17 (2) (b).

112Incidental activities

(1)The GHG lease holder may carry out an activity (an incidental activity) in the lease’s area if carrying out the activity is reasonably necessary for or is incidental to another authorised activity for the lease.

Examples of incidental activities—

1constructing or operating facilities, plant or works, including for example, communication systems, compressors, powerlines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks

2constructing or using temporary structures or structures of an industrial or technical nature, including for example, mobile and temporary camps

(2)However, constructing or using a structure other than a temporary structure, for office or residential accommodation is not an incidental activity.

s 112 amd 2009 No. 36 s 872 sch 2

113Who may apply

(1)A GHG permit holder may apply for a GHG lease over all or part of the permit’s area.

Note—

For inclusion of acquired land that was previously in the GHG permit’s area, see section 369C (3).

(2)Also, a person other than the holder may apply for the GHG lease—

(a)jointly with the holder; or

(b)with the holder’s consent.

(3)An application under this section is a permit-related application.

s 113 amd 2012 No. 20 s 34

114Requirements for making permit-related application

A permit-related application must—

(a)be made to the Minister in the approved form; and

(b)address the capability criteria; and

(c)include—

(i)a statement about how and when the applicant proposes to consult with and keep informed each owner and occupier of private or public land on which authorised activities for the proposed GHG lease are or are likely to be carried out; and

(ii)a proposed development plan that complies with the initial development plan requirements; and

(iii)a statement about the extent to which the applicant has—

(A)the financial and technical resources to carry out authorised activities for the proposed GHG lease; and

(B)the ability to manage GHG stream storage; and

(d)be accompanied by the fee prescribed under a regulation.

s 114 amd 2010 No. 31 s 415; 2012 No. 20 s 125 sch 1

116Continuing effect of GHG permit for permit-related application

(1)This section applies if other than for subsection (2), the relevant GHG permit would other than by cancellation under this Act, end before the permit-related application is decided.

(2)The GHG permit continues in force for the area the subject of the application until the earlier of the following to happen—

(a)the start of the term of the GHG lease;

(b)a refusal of the application takes effect;

(c)the application is withdrawn.

(3)Despite any ending of the program period for the current work program for the GHG permit—

(a)the GHG permit is taken to have a work program; and

(b)the holder may carry out any authorised activity for the GHG permit.

117Deciding whether to grant GHG lease

(1)Subject to sections 119 and 121, the Minister may grant a GHG lease applied for under a permit-related application only if the Minister is satisfied the requirements mentioned in section 118 (the requirements for grant) have been complied with.

Note—

If the application relates to acquired land that was previously in the relevant GHG permit’s area, see also section 369C.

(2)The application must be refused if the Minister is not satisfied any requirement for grant other than the requirement mentioned section 118 (1) (c) has been complied with.

(3)If the Minister is satisfied the requirements for grant other than the requirement mentioned section 118 (1) (c) have been complied with, the Minister may grant the GHG lease.

s 117 amd 2012 No. 20 s 35

118Requirements for grant

(1)The requirements for grant are each of the following—

(a)the applicant is an eligible person;

(b)the proposed area of the proposed GHG lease—

(i)is appropriate for the authorised activities proposed to be carried out; and

(ii)contains an adequately identified GHG stream storage site that is adequate for the proposed purpose of the GHG lease;

(c)the conditions of the relevant GHG permit have been substantially complied with;

(d)the Minister has approved the applicant’s proposed initial development plan for the GHG lease;

(e)a relevant environmental authority has been issued;

(f)the applicant has established that—

(i)GHG stream storage in the GHG lease’s area is or is likely to happen within 5 years after the lease is to take effect; or

(ii)the applicant has entered into a contract, GHG coordination arrangement or other arrangement for GHG stream storage in the GHG lease’s area (a relevant arrangement);

(g)the applicant has paid the annual rent for the first year of the proposed GHG lease;

(h)the applicant has given under section 271, security for the GHG lease;

(i)the Minister is of the opinion that the applicant is capable of carrying out authorised activities for the GHG lease having regard to the applicant’s—

(i)financial and technical resources; and

(ii)ability to carry out GHG stream storage.

(2)The matters mentioned in subsection (1) (i) are the capability criteria.

(3)A person satisfies the capability criteria if the Minister forms the opinion about the person mentioned in subsection (1) (i).

119Exception for particular relevant arrangements

The application may be refused if the Minister—

(a)is not satisfied of the matter under section 118 (1) (f) (i); and

(b)is satisfied the applicant has entered into a relevant arrangement, but the Minister reasonably believes—

(i)the arrangement is not an arms-length commercial transaction; or

(ii)supply under the arrangement is unlikely to be carried out.

120Provisions of GHG lease

(1)A GHG lease must state its area.

(2)A GHG lease may also state—

(a)conditions or other provisions of the GHG lease other than conditions or provisions that are—

(i)inconsistent with the mandatory conditions for GHG leases; or

(ii)the same as or substantially the same as or inconsistent with any relevant environmental condition; and

(b)a day for the GHG lease to take effect; and

(c)a day by which GHG stream storage under the GHG lease is to start (the storage commencement day).

(3)However, the provisions of the GHG lease may exclude or restrict the carrying out of an authorised activity for the lease.

(4)The day of effect must not be before the day the GHG lease is granted.

(5)If no day of effect is decided, the GHG lease takes effect on the day it is granted.

(6)The storage commencement day may be more than 5 years after the day of effect only if the Minister is satisfied the holder has entered into a relevant arrangement.

(7)In deciding the provisions of the GHG lease the Minister must consider the development plan criteria and capability criteria.

(8)This section applies subject to section 121.

121Provisions about grant and conditions of GHG lease for coordinated project

(1)This section applies if a proposed GHG lease is for a coordinated project.

(2)The Minister must not grant the GHG lease until the Minister has been given the Coordinator-General’s report for the project.

(3)Any Coordinator-General’s conditions for the GHG lease must be stated in the lease.

(4)Any other condition of the GHG lease stated under section 120 must not be inconsistent with the Coordinator-General’s conditions.

(5)If a mandatory condition for GHG leases conflicts with any of the Coordinator-General’s conditions, the mandatory condition prevails to the extent of the inconsistency.

(6)In this section—

Coordinator-General’s conditions, for the proposed GHG lease, means the conditions for the lease stated in the Coordinator-General’s report for the coordinated project.

Coordinator-General’s report, for a coordinated project, means—

(a)if an EIS was prepared for the project—the Coordinator-General’s report for the EIS prepared under the State Development Act, section 34D; or

(b)if an IAR was prepared for the project—the Coordinator-General’s report for the IAR prepared under the State Development Act, section 34L.

EIS means an EIS under the State Development Act.

IAR means an IAR under the State Development Act.

s 121 amd 2012 No. 43 s 325 sch 2; 2014 No. 40 s 154 sch 1 pt 1

122Information notice about refusal

If the Minister decides to refuse the application, the Minister must give the applicant an information notice about the decision.

123When refusal takes effect

A refusal of the application does not take effect until the end of the appeal period for the decision to refuse.

124Operation of pt 3

(1)This part provides for a process for the granting of GHG leases by competitive tender.

(2)To remove any doubt, it is declared that a GHG lease can only be granted under this part or part 2.

125Call for tenders

(1)The Minister may by gazette notice invite tenders for a GHG lease (a call for tenders) for land other than unavailable land for a GHG lease.

(2)The call must state—

(a)the day and time by which tenders in response to it must be made (the closing time for the call); and

(b)any criteria (special criteria) other than the development plan criteria and capability criteria proposed to be used to decide whether to grant the GHG lease or to decide its provisions.

(3)The call may state other relevant matters, including for example, matters relevant to the development plan, capability or special criteria.

s 125 amd 2010 No. 31 s 417

126Right to tender

(1)An eligible person may tender for a proposed GHG lease the subject of a call for tenders.

(2)However, a tender—

(a)must comply with the requirements under section 114 for making a permit-related application; and

(b)must be made to the Minister in the approved form; and

(c)can not be made—

(i)after the closing time for the call; or

(ii)for only part of the area of the proposed GHG lease.

s 126 amd 2011 No. 2 s 63

127Right to terminate call for tenders

(1)The Minister may by gazette notice terminate a call for tenders at any time before deciding whether to grant a GHG lease to a person who has made a tender in response to the call.

(2)All tenders in response to the call lapse when the call is terminated.

(3)No amount, whether by way of compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the termination.

128Process for deciding tenders

Subject to section 132, any process the Minister considers appropriate may be used to decide a call for tenders, including for example, by a process appointing a preferred tenderer on the tenders made in response to the call.

129Provisions for preferred tenderers

(1)The Minister may require a preferred tenderer for the call for tenders to—

(a)pay any amounts necessarily incurred or to be incurred to enable the GHG lease to be granted; and

(b)to do all or any of the following within a stated reasonable period—

(i)pay the annual rent for the first year of the GHG lease;

(ii)give security for the GHG lease as required under section 271.

(2)If a preferred tenderer does not—

(a)comply with a requirement under subsection (1); or

(b)do all things reasonably necessary to allow a GHG lease to be granted to the tenderer;

the Minister may appoint another tenderer to be the preferred tenderer.

130Deciding whether to grant GHG lease

(1)The Minister may, after the closing time for the call for tenders—

(a)grant a GHG lease to 1 tenderer; or

(b)refuse to grant any GHG lease.

(2)However—

(a)before deciding to grant the GHG lease, the Minister must decide whether to approve the applicant’s proposed initial development plan for the GHG lease; and

(b)the Minister can not grant the GHG lease unless—

(i)the tenderer is an eligible person; and

(ii)the proposed plan has been approved; and

(iii)the Minister is satisfied the requirements for grant other than the requirement mentioned in section 118 (1) (c) have been complied with; and

(iv)a relevant environmental authority has been issued.

Note—

If a tender relates to acquired land, see also section 369C.

(3)This section applies subject to section 121.

s 130 amd 2012 No. 20 s 36

131Provisions of GHG lease

Sections 120 and 121 apply to a GHG lease granted under this part as if the tender for the lease was a permit-related application.

132Criteria for decisions

(1)In considering whether to grant a GHG lease or its provisions the Minister must consider the development plan criteria, capability criteria and any special criteria.

(2)The Minister may give the weight to each of the development plan, capability and special criteria that the Minister considers appropriate in the circumstances.

133Notice to unsuccessful tenderers

After a call for tenders has been decided, the Minister must give each tenderer not granted the GHG lease notice of the decision.

134Term of GHG lease

A GHG lease—

(a)does not have a fixed term; and

(b)continues in force until it is surrendered or otherwise ends under this Act.

135Area of GHG lease

(1)This section provides for the area of a GHG lease.

(2)The area does not include excluded land for the GHG lease.

Note—

See also section 369B (3) if land in the GHG lease’s area is taken under a resumption law.

(3)Unless the Minister otherwise decides, the area must form a single parcel of land.

(4)The area must not include any of the following (unavailable land)—

(a)land in the area of another GHG tenure other than land that will under section 48, cease to be included in the area of a GHG permit on the grant of the GHG lease;

(b)excluded land for another GHG tenure;

(c)land that a regulation prescribes as land over which a GHG lease can not be granted.

(5)The area may include a part of a sub-block only if the part is all areas within the sub-block that are left after taking away all unavailable land within the sub-block.

Note—

See also section 369B (3) if land in the GHG lease’s area is taken under a resumption law.

s 135 amd 2012 No. 20 s 37

136References to sub-blocks of GHG lease

(1)This section applies if a GHG lease states that its area includes land within a block without including or excluding any particular sub-block.

(2)The reference to the block is a reference to all sub-blocks within the block to the extent they do not consist of unavailable land.

Note—

See also section 369B (3) if land in the GHG lease’s area is taken under a resumption law.

(3)To remove any doubt, it is declared that if land within any of the sub-blocks ceases to be unavailable land, the cessation itself does not cause the land to be within the GHG lease’s area.

s 136 amd 2012 No. 20 s 38

137Minister’s power to decide excluded land

(1)The Minister may decide excluded land for a GHG lease or proposed GHG lease.

(2)However, the power under subsection (1) may be exercised only when the Minister is deciding whether to—

(a)grant the GHG lease; or

(b)approve any later development plan for the GHG lease.

(3)However, excluded land—

(a)must be within any sub-block that the GHG lease states is included in its area; and

(b)can not be a whole sub-block.

(4)For subsection (3) (a), if the instrument—

(a)states that the GHG lease’s area includes land within a block; but

(b)does not include or exclude any particular sub-block within that block;

the reference to the block is a reference to all sub-blocks within the block other than any sub-block that is completely within the area of another GHG tenure.

(5)Excluded land may be described in a way the Minister considers appropriate, including for example, by area or by reference to a stated type of land.

(6)Land ceases to be excluded land for a GHG lease if for any reason, the sub-block in which the land is located ceases to be in the lease’s area.

138Minister may add excluded land

(1)The Minister may amend a GHG lease by adding excluded land for the GHG lease to its area only if—

(a)the GHG lease as amended complies with section 135; and

(b)the GHG lease holder consents.

(2)If land mentioned in subsection (1) is added to the area of the GHG lease, the land ceases to be excluded land for the lease.

(3)The Minister may amend the provisions of the GHG lease in a way that reflects the inclusion of the excluded land.

(4)Also, the Minister may give the GHG lease holder a notice—

(a)withdrawing from a stated day, the approval of the development plan for the GHG lease; and

(b)directing the holder to give the Minister a proposed later development plan for the GHG lease that—

(i)complies with the later development plan requirements; and

(ii)changes the development plan for the GHG lease to reflect the inclusion of the excluded land.

(5)The amended provisions of the GHG lease or the proposed later development plan must not be—

(a)inconsistent with the mandatory conditions for GHG leases; or

(b)the same as or substantially the same as or inconsistent with any relevant environmental condition.

139Function and purpose

(1)The development plan for a GHG lease (the relevant lease) gives detailed information about the nature and extent of activities to be carried out under the relevant lease.

(2)The development plan may—

(a)also relate to another GHG lease or proposed GHG lease if the other GHG lease or proposed GHG lease relates to the relevant lease; and

(b)provide that when the plan is approved it will replace any development plan for the other lease.

(3)The purposes of giving the information are to—

(a)allow resource management decisions to be made; and

(b)ensure appropriate development of the GHG lease.

140Operation of div 2

This division provides for requirements (the initial development plan requirements) for a proposed initial development plan for a proposed GHG lease.

141General requirements

(1)The proposed plan must provide for all of the following—

(a)an overview of the activities proposed to be carried out under the proposed GHG lease during all of its term;

(b)a description of the activities proposed to be carried out under the GHG lease during each year of the plan period;

(c)each of the following for each GHG stream storage site in the GHG lease’s area—

(i)a site plan that complies with section 142;

(ii)a verifiable estimate of the GHG stream storage site’s capacity;

(iii)a monitoring and verification plan that complies with section 145;

(d)the composition of GHG streams proposed to be injected or used for GHG stream storage under the GHG lease;

(e)a description of any pipeline land for the GHG lease;

(f)reasons why the plan is considered appropriate;

(g)another matter prescribed under a regulation.

(2)The proposed plan may include any other information relevant to the development plan criteria.

(3)The composition of GHG streams to be injected under proposed GHG lease must comply with section 164.

(4)A regulation may impose requirements about the form of the development plan.

(5)In this section—

year, of the plan period, means—

(a)the period starting on the day the plan period starts and ending on the first anniversary of that day; and

(b)each subsequent period of 12 months or less during the plan period starting on each anniversary of that day and ending on—

(i)the next anniversary of that day; or

(ii)if the plan period ends before the next anniversary—the day the plan period ends.

142Site plan

(1)A site plan for a GHG stream storage site must consist of maps, geological cross-sections, three dimensional models and other appropriate information about the site.

(2)Without limiting subsection (1), the site plan must show each of the following—

(a)the geological structure and geochemical composition of the relevant GHG storage reservoir;

(b)the GHG storage reservoir’s properties, including the potential interaction of carbon dioxide with its rock matrix and fluids;

(c)the proposed rate of GHG stream injection;

(d)the proposed composition of the GHG streams to be injected;

(e)the expected migration pathway of the GHG streams;

(f)the operations and techniques to be used to monitor and verify the behaviour of GHG streams during the term of the GHG lease.

(3)The site plan must include any other information prescribed under a regulation.

143Petroleum wells to be assumed

If under the 1923 Act, section 75U or the P&G Act section 292, the proposed GHG lease holder proposes to assume responsibility for a petroleum well, the proposed plan must—

(a)identify the wells; and

(b)describe the GHG storage activities proposed to be carried out relating to the wells.

Note—

See also sections 263 (Former petroleum wells assumed by GHG tenure holder) and 267 (Obligation to decommission).

144Water issues

(1)In preparing the proposed plan, the proposed GHG lease holder must have regard to potential groundwater issues.

(2)The proposed plan must include a plan for the treatment and disposal of any water taken or that may be taken because of the carrying out of authorised activities for the proposed GHG lease.

145Monitoring and verification plan

The proposed development plan must include a plan for the observation and monitoring of the migration pathway or pathways of GHG streams before, during and after injection into the relevant GHG storage reservoir.

146Plan period

(1)The proposed plan must state its period.

(2)If the proposed plan relates to a tender, the period must be the same as the required period under the relevant call for tenders.

(3)If the proposed plan relates to a permit-related application, the period must not be longer than 5 years from when the proposed GHG lease is to take effect.

Note—

For the requirement for approval of an initial development plan, see sections 117 and 130.

147Criteria for decision

(1)In deciding whether to approve a proposed development plan the Minister must consider—

(a)the potential of the area of the proposed GHG lease for GHG stream storage and related activities; and

(b)the nature and extent of the activities and when and where they are proposed to be carried out; and

(c)whether GHG stream storage under the GHG lease will be optimised in the best interests of the State; and

(d)the nature and extent of water disposal and treatment activities; and

(e)any relevant authorisation required under the Water Act.

(2)The matters mentioned in subsection (1) are the development plan criteria.

148Verification may be required

(1)The Minister may by notice require the applicant to give the Minister within a stated reasonable period a document made by an appropriately qualified independent person that verifies—

(a)an assessment of data supplied in the proposed initial development plan; or

(b)the source of the data; or

(c)the work done for the development plan; or

(d)that, in the person’s opinion, the applicant has—

(i)the financial and technical resources to carry out authorised activities for the proposed GHG lease; and

(ii)the ability to manage GHG stream storage.

(2)If the applicant does not comply with the requirement, the Minister may refuse to approve the development plan.

(3)The applicant must pay any costs incurred in complying with the requirement.

s 148 amd 2010 No. 31 s 418

149Referral to Water Act Minister

The Minister can not approve the proposed plan unless—

(a)the Minister has given the Water Act Minister a copy of the proposed plan; and

(b)the Water Act Minister has approved the proposed development plan to the extent it relates to potential groundwater issues.

150Operation of div 4

This division provides for requirements (the later development plan requirements) for a proposed later development plan for a GHG lease.

Note—

For the requirements to give a proposed later development plan, see sections 47 (Minister may add excluded land), 172 (Obligation to give proposed later development program) and 379 (Types of noncompliance action that may be taken).

151General requirements

(1)The proposed plan must—

(a)comply with the initial development plan requirements; and

(b)highlight any significant changes from the current development plan for the GHG lease; and

(c)if the current development plan has not been complied with—state the details of and the reasons for each noncompliance.

(2)If the effect of the proposed plan is to significantly change an activity provided for under the current development plan for the GHG lease, the proposed plan must also state reasons for the change.

(3)Also, for a significant change that is a reduction of GHG stream injection, the proposed plan must include an evaluation of the following in the GHG lease’s area—

(a)the potential for GHG stream storage;

(b)market opportunities for GHG stream storage.

152Application of div 5

This division applies if—

(a)under this Act, a proposed later development plan is given to the Minister for approval; or

(b)the Minister is considering an application under section 188 for approval of a proposed GHG coordination arrangement.

153GHG lease taken to have development plan until decision on whether to approve proposed development plan

(1)This section applies until—

(a)if the approval is given—the holder is given notice of the approval; or

(b)if the approval is refused—when the refusal takes effect.

(2)Despite the ending of the plan period for the current development plan for the GHG lease—

(a)the GHG lease is taken to have a development plan; and

(b)the holder may carry out any authorised activity for the GHG lease.

154Deciding whether to approve proposed plan

(1)The Minister may approve or refuse to approve the proposed plan.

(2)In deciding whether to approve the proposed plan the Minister must consider each of the following—

(a)the development plan criteria;

(b)the extent to which the current development plan for the GHG lease has been complied with;

(c)if the proposed plan provides for a significant change that is a reduction of GHG stream injection—

(i)whether the reduction is reasonable; and

(ii)whether the GHG lease holder has taken all reasonable steps to prevent the reduction.

(3)Also, if the GHG lease was granted in response to a tender, any other development plan proposed by other tenderers for the lease must be considered.

(4)However, subsection (3) applies only to the extent the other plan includes the period of the proposed plan.

155Steps after, and taking effect of, decision

(1)If the Minister decides to approve the proposed later development plan, the Minister must give the holder notice of the decision.

(2)The approval takes effect when the holder is given the notice or if the notice states a later day of effect, on that later day.

(3)If the Minister decides to refuse to approve the proposed plan, the Minister must give the holder an information notice about the decision.

(4)The refusal does not takes effect until the end the appeal period for the decision to refuse.

156Restrictions on amendment

(1)A GHG lease holder may amend the development plan for the GHG lease.

(2)However, the amendment is subject to approval under this division.

(3)Also, a development plan can not be amended—

(a)in a way that provides for a cessation of GHG stream injection under a GHG lease; or

Note—

See section 176 (Timing of surrender application).

(b)if the plan as amended would not comply with the later development plan requirements.

157Applying for approval to amend

(1)A GHG lease holder may apply for approval to amend the development plan for the lease.

(2)The application must be—

(a)made to the Minister in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

s 157 amd 2010 No. 31 s 408 sch 2 pt 1

158Deciding application

In deciding whether to approve the proposed amendment the Minister must consider—

(a)the development plan criteria; and

(b)the extent to which the current development plan for the GHG lease has been complied with; and

(c)if the proposed plan provides for a significant change that is a reduction of GHG stream injection—

(i)whether the reduction is reasonable; and

(ii)whether the GHG lease holder has taken all reasonable steps to prevent the reduction.

159Steps after, and taking effect of, decision

(1)If the Minister decides to approve the proposed amendment, the Minister must give the holder notice of the decision.

(2)If the Minister decides to refuse to approve the proposed amendment, the Minister must give the applicant an information notice about the decision.

(3)The refusal takes effect when the holder is given the notice or if the notice states a later day of effect, on that later day.

160Operation of pt 6

This part provides for particular mandatory conditions for GHG leases.

161Compliance with test plan for GHG storage injection testing

(1)A GHG lease holder may carry out GHG storage injection testing only in accordance with the following—

(a)a test plan for that purpose approved by the Minister;

(b)all conditions of the approval.

(2)The holder may ask the Minister to approve a test plan proposed by the holder.

(3)The proposed test plan must comply with any requirements prescribed under a regulation.

(4)The Minister may impose conditions on the granting of the approval.

(5)If the Minister decides to refuse to approve the proposed test plan or to impose conditions on the granting of the approval, the Minister must give the holder an information notice about the decision.

162Restriction on substances that may be used for GHG storage injection testing

A GHG lease holder can not use a substance other than a GHG stream or water for injection for GHG storage.

163Restriction on substances that may be used for GHG stream storage

A GHG lease holder can not use a substance other than a GHG stream for GHG stream storage.

164Restriction on GHG streams that may be used

A GHG lease holder may use a GHG stream for GHG storage injection testing or GHG stream storage only if it consists only of carbon dioxide and—

(a)a substance incidentally derived from—

(i)the process called carbon dioxide capture, transport and geological storage, also called carbon capture and storage; or

(ii)GHG storage; or

(b)a detection agent prescribed under a regulation at the rate or concentration prescribed under a regulation.

Note—

A stream is a GHG stream only if it is a stream of carbon dioxide or a substance that overwhelmingly consists of carbon dioxide. See section 12 (What is a GHG stream).

s 164 amd 2012 No. 20 s 125 sch 1

165Water Act authorisation required for taking or interference with water

A GHG lease holder can not take or interfere with water as defined under the Water Act unless the taking or interference is authorised under that Act.

Note—

For relevant Water Act provisions, see sections 19 and 808 of that Act.

166Obligation to consult with particular owners and occupiers

(1)A GHG lease holder must consult or use reasonable endeavours to consult with each owner and occupier of private or public land on which authorised activities for the lease are proposed to be carried out or are being carried out.

(2)The consultation must be about—

(a)access; and

(b)the carrying out of authorised activities for the GHG lease (including, for example, crossing access land for the lease) to the extent they relate to the owners and occupiers; and

(c)the GHG lease holder’s compensation liability to the owners or occupiers.

s 166 sub 2010 No. 31 s 440

167Obligation to commence GHG stream storage

A GHG lease holder must start GHG stream storage under the GHG lease on or before the later of the following—

(a)the end of 5 years after the GHG lease takes effect;

(b)any storage commencement day for the GHG lease.

168Annual rent

(1)A GHG lease holder must pay the State the annual rent as prescribed under a regulation.

(2)The annual rent must be paid in the way, and on or before the day, prescribed under a regulation.

169Civil penalty for nonpayment of annual rent

(1)If a GHG lease holder does not pay the annual rent as required under section 168, the holder must also pay the State a civil penalty.

(2)The amount of the penalty is 15% of the rent.

(3)The penalty—

(a)must be paid on the day after the last day for payment of the rent; and

(b)is still payable even if the holder later pays the rent.

Note—

See also section 372 (Interest on amounts owing to the State).

170Requirement to have development plan

The holder of a GHG lease must have a development plan for the lease.

171Compliance with development plan

A GHG lease holder must comply with the development plan for the lease.

172Obligation to give proposed later development plan

(1)This section imposes an obligation on a GHG lease holder to give the Minister a proposed later development plan for the lease.

(2)The obligation is complied with only if the proposed later development plan—

(a)complies with the later development plan requirements; and

(b)is accompanied by the relevant fee.

(3)A proposed later development plan must be given to the Minister—

(a)at least 40 but no more than 100 business days before the end of the plan period for its current development plan (the current plan period); or

(b)as soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the current development plan for the GHG lease.

(4)However, if before the end of the current plan period a decision is made to refuse to approve a proposed later development plan given under subsection (3), the holder may within the period give the Minister another proposed later development plan.

(5)If the holder does not give the Minister any proposed later development plan before the end of the current plan period or if subsection (4) applies and the holder does not give the Minister another proposed later development plan within the current plan period—

(a)the Minister must give the holder a notice requiring the holder to give the Minister a proposed later development plan for the GHG lease within 40 business days after the giving of the notice; and

(b)the holder must comply with the requirement.

(6)In this section—

relevant fee, for the giving of the proposed plan, means—

(a)if the proposed plan is given within the time required under subsection (3)—the fee prescribed under a regulation; or

(b)if the proposed plan is given after the time required under subsection (3) and—

(i)if it is given under subsection (4)—nil; or

(ii)if it is not given under subsection (4)—an amount that is 10 times the prescribed fee.

s 172 amd 2010 No. 31 s 408 sch 2 pt 1

173Consequence of failure to comply with notice to give proposed later development plan

(1)If a GHG lease holder does not comply with a requirement under section 172 (5) (a), the lease is cancelled.

(2)However, the cancellation does not take effect until the Minister gives the holder a notice stating that the GHG lease has been cancelled because of the operation of subsection (1).

174When surrender is permitted

A GHG lease holder may surrender the lease only if, under this part—

(a)an application (a surrender application) has been made for approval of the surrender; and

(b)the surrender has been approved.

175Part of GHG lease area can not be surrendered

A GHG lease holder can not surrender part of the lease’s area.

176Timing of surrender application

(1)If—

(a)GHG stream injection under a GHG lease ceases; and

(b)all GHG wells in the GHG lease’s area have been decommissioned in the way required under section 267;

the GHG lease holder must make a surrender application for the lease within 60 business days.

Maximum penalty—500 penalty units.

(2)The GHG lease holder can not make a surrender application for the lease before all of the events mentioned in subsection (1) have happened.

177Requirements for making surrender application

(1)A surrender application must be—

(a)made to the Minister in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(2)A surrender application must also be accompanied by a report by the applicant stating each of the following—

(a)the authorised activities for the GHG lease carried out on the area the subject of the application;

(b)the results of the activities;

(c)the applicant’s modelling of the behaviour of GHG streams injected under the GHG lease;

(d)information relevant to the modelling and the applicant’s analysis of the information;

(e)the applicant’s assessment of—

(i)the behaviour of GHG streams injected under the GHG lease; and

(ii)the expected migration pathway or pathways of the GHG streams; and

(iii)the short-term and long-term consequences of the migration;

(f)the applicant’s suggestions for the approach to be taken by the State if the surrender is approved, to monitor and verify the behaviour of the GHG streams;

(g)any other information prescribed under a regulation.

Maximum penalty for subsection (2)—500 penalty units.

178Minister may require further report or work for surrender of GHG lease

(1)Before deciding whether to approve the surrender of a GHG lease the Minister may by notice require the applicant to do either or both of the following—

(a)give the Minister a report about whether the risks associated with GHG stream storage under the GHG lease have been reduced as much as is reasonably practicable;

(b)carry out stated work to reduce the risks.

(2)The applicant must comply with the requirement.

Maximum penalty—500 penalty units.

(3)Until the applicant complies with the requirement, the Minister need not decide the application.

179Deciding application

(1)The Minister may approve a surrender only if—

(a)up to the day the application was made, the holder had submitted all reports required to be submitted under this Act; and

(b)the Minister considers the risks associated with GHG stream storage under the GHG lease have been reduced as much as is reasonably practicable; and

(c)all of the relevant environmental authority has been cancelled or surrendered.

(2)In deciding whether to approve a surrender the Minister must consider the extent to which the applicant has complied with the conditions of the GHG lease.

180Notice and taking effect of decision

(1)If the Minister decides to approve a surrender, the Minister must give the applicant notice of the decision.

(2)The surrender takes effect on the day after the decision is made.

(3)If the Minister decides to refuse a surrender, the Minister must give the applicant an information notice about the decision.

181Responsibility for injected GHG streams after decommissioning

(1)This section applies on the surrender of a GHG lease.

(2)Any GHG stream injected into a GHG storage reservoir in the former GHG lease’s area in compliance with section 164 becomes the property of the State.

(3) Subsection (2) applies despite—

(a)the GHG stream being on or part of land owned by someone else; or

(b)the sale or other disposal of the land.

ch hdg sub 2010 No. 31 s 502 sch 2 pt 4

182Relationship with chs 2, 3 and 5

(1)Requirements and restrictions under this chapter relating to the granting of a GHG tenure apply as well as any relevant requirements under chapter 2, 3 or 5.

(2)If this chapter imposes a requirement for or a restriction on the granting of a GHG tenure, it can not be granted if the restriction applies or if the requirement has not been complied with.

(3)If a provision of this chapter conflicts with a provision of chapter 2, 3 or 5, the provision of this chapter prevails to the extent of the inconsistency.

(4)This chapter does not otherwise limit or affect the requirements of chapter 2, 3 or 5.

(5) Subsection (6) applies if this chapter imposes a requirement for or a restriction on the carrying out of an authorised activity for a GHG authority.

(6)Despite chapters 2, 3 and 5, the activity is not an authorised activity for the GHG authority while the restriction applies or if the requirement has not been complied with.

183What is an overlapping resource authority

(1)An overlapping authority, for a GHG authority, is any authority of the following types all or part of the area of which is in the GHG authority’s area—

(a)an exploration authority (non-GHG);

(b)a geothermal lease;

(c)a mining lease;

(d)a petroleum lease.

(2)An overlapping authority, for a proposed GHG authority, is another authority of a type mentioned in subsection (1) (the other authority) all or part of the area of which will if the proposed GHG authority is granted be in the other authority’s area.

s 183 amd 2010 No. 31 s 503

184What is an exploration authority (non-GHG)

An exploration authority (non-GHG) is—

(a)an ATP; or

(b)any of the following under the Mineral Resources Act—

(i)a mining claim;

(ii)an exploration permit;

(iii)a mineral development licence; or

(c)a geothermal permit.

s 184 amd 2010 No. 31 ss 408, 502 sch 2 pts 1, 4

185Relationship with other resource Acts and overlapping resource authorities

Subject to the other provisions of this chapter and chapters 2, 3 and 5, another resource Act or an authority, tenement or tenure under a resource Act does not limit or otherwise affect—

(a)the power under this Act to grant a GHG authority over land in the area of an overlapping authority for the proposed GHG authority; or

(b)the carrying out of authorised activities for a GHG authority.

s 185 amd 2010 No. 31 s 502 sch 2 pt 4

186GHG coordination arrangements that may be made

(1)The holder of a GHG lease may make an arrangement with the holder of an overlapping authority for the GHG lease about GHG stream storage under the lease.

(2)A person who proposes to enter into a lease of a type mentioned in subsection (1) may enter into an arrangement mentioned in subsection (1).

(3)An arrangement of a type mentioned in subsection (1) that under section 189, has taken effect and has not ceased to operate according to its terms and has not been cancelled under this part is a GHG coordination arrangement.

(4)A lease or proposed lease of a type mentioned in subsection (1) is a relevant lease for a GHG coordination arrangement.

187Other provisions about and effect of GHG coordination arrangement

(1)A GHG coordination arrangement may—

(a)be for any term; and

(b)have more than 2 relevant leases; and

(c)be included in, or form part of, a coordination arrangement under the P&G Act or a geothermal coordination arrangement under the Geothermal Act.

(2)A person other than the holder or proposed holder of a relevant lease may also be a party to the arrangement.

(3)A proposed GHG coordination arrangement has no effect unless it is approved by the Minister under section 189.

s 187 amd 2010 No. 31 s 504

188Applying for ministerial approval of proposed GHG coordination arrangement

(1)The parties to a proposed GHG coordination arrangement may jointly apply for approval of the arrangement.

(2)The application must be—

(a)made to the Minister in the approved form; and

(b)accompanied by—

(i)the original or a certified copy of the proposed arrangement; and

(ii)the fee prescribed under a regulation.

(3)If the proposed arrangement is inconsistent with the current development plan for the GHG lease, the application must be accompanied by a proposed later development plan for the lease.

189Ministerial approval of proposed GHG coordination arrangement

(1)The Minister may approve the proposed arrangement only if—

(a)the Minister is satisfied—

(i)the arrangement clearly identifies the safety responsibilities of each party to the arrangement for the land the subject of the arrangement; and

(ii)the spatial relationship between the relevant leases for the arrangement is appropriate; and

(b)for an application required to be accompanied by a proposed later development plan for a relevant lease—the proposed plan has been approved; and

(c)the arrangement is consistent with the purposes of this Act.

(2)In considering whether to approve the proposed arrangement the Minister may have regard to any coordination arrangement or proposed coordination arrangement under the P&G Act or other agreement the Minister considers relevant.

(3)The Minister may refuse to approve a proposed GHG coordination arrangement that provides for a party to the arrangement to be granted a pipeline licence for a GHG stream pipeline if the Minister considers that—

(a)having regard to the requirements under the P&G Act chapter 4, the pipeline licence would not be granted if the party were to apply for it; or

(b)not enough information has been given to decide whether the licence should be granted; or

(c)the spatial relationship between the GHG lease and an overlapping authority is not appropriate for a GHG coordination arrangement.

(4)If a relevant lease has not been granted, the approval does not take effect until the GHG lease takes effect.

s 189 amd 2010 No. 31 s 408 sch 2 pt 1

190Approval does not confer right to surrender or renew

(1)This section applies if the term of a GHG coordination arrangement is longer than the current term of any relevant lease for the arrangement.

(2)To remove any doubt, it is declared that the approval of the arrangement does not impose an obligation or create a right—

(a)to approve a surrender application for a GHG lease; or

(b)to renew any other type of relevant lease.

191Grant of pipeline licence

(1)This section applies if a GHG coordination arrangement provides for a party to the arrangement to be granted a pipeline licence for a GHG stream pipeline.

(2)The Minister may if the party applies under the P&G Act, chapter 4, part 2, grant the pipeline licence.

(3)The P&G Act, section 412 applies as if the application were a pipeline licence application under that Act.

(4)However, the provisions of the pipeline licence must be consistent with the arrangement.

192Amendment or cancellation by parties to arrangement

(1)A GHG coordination arrangement may be amended or cancelled by the parties to the arrangement only with the Minister’s approval.

(2)A purported amendment or cancellation of a GHG coordination arrangement by the parties to it has no effect unless it complies with subsection (1).

193Minister’s power to cancel arrangement

(1)The Minister may by complying with subsections (2) and (3), cancel a GHG coordination arrangement.

(2)If the Minister proposes to cancel the arrangement, the Minister must give each holder of a relevant lease a notice stating—

(a)that the Minister proposes to cancel the arrangement; and

(b)reasons for the proposed cancellation; and

(c)that the holder may make submissions to the Minister about the proposed cancellation or the likely impact of the cancellation on the relevant leases.

(3)Before cancelling the arrangement, the Minister must consider—

(a)any submissions made by a holder within the stated period; and

(b)the likely impact of the cancellation on the relevant leases; and

(c)the public interest.

(4)If the Minister decides to cancel the arrangement, the Minister must give each of the holders an information notice about the decision.

(5)The cancellation takes effect on the end of the appeal period for the decision to cancel or if a later day of effect is stated in the information notice, on that day.

(6)When the decision takes effect, the arrangement and the Minister’s approval of it cease to have effect.

194Cancellation does not affect relevant leases

The cancellation of a former GHG coordination arrangement does not affect any relevant lease.

195Application of pt 3

This part applies if—

(a)a person (the applicant) wishes to make a GHG lease application; and

(b)there is an overlapping authority for the proposed GHG lease.

196Requirements for making application

(1)The GHG lease application must include—

(a)a statement that complies with section 197 (a GHG statement); and

(b)other information that addresses the matters mentioned in subsection (2) (the GHG assessment criteria).

(2)The GHG assessment criteria are—

(a)compliance with the P&G Act safety provisions; and

(b)the additional requirements under part 7 for proposed initial development plans; and

(c)the potential for the parties to make a GHG coordination arrangement for the proposed GHG lease; and

(d)the economic and technical viability of the concurrent or coordinated carrying out of authorised activities for the proposed GHG lease and the overlapping authority; and

(e)the public interest.

197Content requirements for GHG statement

The GHG statement must—

(a)assess—

(i)the likely effect of proposed GHG storage activities under the proposed GHG lease on the future use of resources under the overlapping authority; and

(ii)the technical and commercial feasibility of coordinating the proposed GHG storage activities and the future use of the resources; and

(b)include proposals for the minimisation of potential adverse effects on possible future safe and efficient use of the resources under the overlapping authority.

s 197 amd 2010 No. 31 s 505

198Applicant’s information obligation

(1)The applicant must within 10 business days after making the GHG lease application give the overlapping authority holder a copy of the application other than any part of the application relating to the capability criteria.

(2)If the Minister is reasonably satisfied the applicant has not complied with subsection (1), the Minister may refuse the application.

199Submissions by overlapping resource authority holder

(1)The overlapping authority holder may make submissions to the Minister about the GHG lease application (holder submissions).

(2)However, holder submissions may be made only within 4 months after the holder is given a copy of the application.

(3)Holder submissions may do all or any of the following—

(a)state that the holder does not object to the granting of the proposed GHG lease;

(b)if the overlapping authority is an exploration authority (non-GHG) other than a geothermal exploration permit—state that the holder does not wish any priority for the resource for which the overlapping authority was granted (overlapping authority priority);

(c)include information about authorised activities carried out under the overlapping authority;

(d)include a proposal by the overlapping authority holder for the use of the resource;

(e)include information relevant to the GHG assessment criteria;

(f)propose reasonable provisions for the safety management plan for the proposed GHG lease.

(4)The holder must give the applicant a copy of the holder submissions.

s 199 amd 2010 No. 31 s 502 sch 2 pt 4

div hdg sub 2010 No. 31 s 502 sch 2 pt 4

200Application of div 4

(1)This division applies if—

(a)the overlapping authority is an exploration authority (non-GHG); and

(b)the overlapping authority holder has made holder submissions within 4 months after the holder was given a copy of the application; and

(c)the submissions state that the holder wishes overlapping authority priority.

(2)However, this division does not apply if, under another resource Act, overlapping authority priority has been given for any of the relevant land.

Note—

If this division does not apply, the GHG lease application proceeds immediately to decision under chapter 3 as affected by division 7.

s 200 amd 2010 No. 31 s 502 sch 2 pt 4

201Resource management decision

The Minister must make a decision (the resource management decision) about whether—

(a)to grant the GHG lease application; or

(b)to give any overlapping authority priority for all or part of the relevant land; or

(c)not to grant the GHG lease application and not to give any overlapping authority priority for any of the relevant land.

s 201 sub 2012 No. 20 s 125 sch 1

202Criteria for decision

In making the resource management decision the Minister must have regard to—

(a)the GHG statement; and

(b)the GHG assessment criteria; and

(c)the holder submissions; and

(d)the public interest.

203Restrictions on giving overlapping authority priority

Overlapping authority priority may be given only if the Minister considers that—

(a)either—

(i)it is unlikely that the applicant and the overlapping authority holder will enter into a GHG coordination arrangement; or

(ii)a GHG coordination arrangement for the proposed GHG lease is not commercially or technically feasible; and

(b)the public interest would be best served by not granting a GHG lease to the applicant first.

204Application of div 5

This division applies only if—

(a)under division 4, a resource management decision is required for the GHG lease application; and

(b)that decision was to give overlapping authority priority for all or part of the relevant land.

205Notice to applicant and overlapping authority holder

(1)The chief executive must give the applicant and the overlapping authority holder notice of the resource management decision.

(2)The notice must invite the overlapping authority holder to within 6 months after the giving of the notice (the overlapping authority application period) apply for a lease under the Act under which the overlapping authority was granted (a relevant lease)—

(a)if the priority is for all of the land—for all of the land; or

(b)if the priority is for part of the land—for that part.

206Relevant lease application for all of the land

(1)This section applies if the priority is for all of the land and within the overlapping authority application period the overlapping authority holder applies for a relevant lease for all of the land.

(2)A further step can not be taken to decide the GHG lease application until after the relevant lease application has been decided.

Note—

Acts under which the overlapping authority was granted provide for refusal of the relevant lease application if it is not pursued in a timely manner.

(3)If the decision on the relevant lease application is to grant a relevant lease for all of the land, the GHG lease application is taken to have lapsed.

207Relevant lease application for part of the land

(1)This section applies if the overlapping authority holder applies for a relevant lease for part of the land within the overlapping authority application period.

(2)The person who made the GHG lease application may amend it so that a GHG lease is only sought for all or part of the rest of the land.

(3)Unless the amendment is made, a further step can not be taken to decide the GHG lease application until after the relevant lease application has been decided.

(4)If—

(a)the amendment has not been made; and

(b)the decision on the relevant lease application is to grant a relevant lease for part of the land;

the person who made the GHG lease application may amend it so that a GHG lease is only sought for all or part of the rest of the land.

Note—

If the GHG lease application is not amended, see section 211 (Application may be refused if no reasonable prospects of GHG coordination arrangement).

208No relevant lease application

If the overlapping authority holder does not apply for a relevant lease for any of the land within the overlapping authority application period, the GHG lease application may be decided.

209Lapsing of application

The GHG lease application is taken to have lapsed if—

(a)under division 4, a resource management decision is required; and

(b)that decision was not to grant the GHG lease application and not to give any overlapping authority priority for any of the relevant land.

210Application of div 7

This division applies if—

(a)the overlapping authority holder has not made holder submissions within 4 months after the holder was given a copy of the application (the submission period) or at all; or

(b)the overlapping authority holder has made holder submissions within the submission period stating that the holder does not wish any overlapping authority priority; or

(c)under division 4, a resource management decision is required and—

(i)the resource management decision was not to give overlapping authority priority for any of the relevant land; or

(ii)the resource management decision was to give overlapping authority priority for all or part of the relevant land and after division 5 has been complied with the Minister decides to grant a GHG lease for the land.

211Application may be refused if no reasonable prospects of GHG coordination arrangement

The Minister may decide to refuse the application if—

(a)the Minister is satisfied the applicant and the overlapping authority holder have made reasonable attempts to reach a proposed GHG coordination arrangement (a relevant arrangement) for the proposed GHG lease; and

(b)either—

(i)the overlapping authority holder has given the Minister a notice stating there are no reasonable prospects of a relevant arrangement being made; or

(ii)the Minister has not been given a relevant arrangement for approval and the Minister considers the applicant and the overlapping authority holder have had a reasonable opportunity to make a relevant arrangement.

212Additional criteria for deciding provisions of GHG lease

In deciding the provisions of the GHG lease the Minister must consider the following—

(a)the GHG statement;

(b)the GHG assessment criteria;

(c)any holder submissions;

(d)the effect of the GHG lease on safe and efficient use of resources under any overlapping resource authority for the GHG lease if the overlapping resource authority is a lease;

(e)the effect on safe and efficient use of resources under any future lease for the GHG lease that may arise from the overlapping authority.

s 212 amd 2010 No. 31 ss 408, 502 sch 2 pts 1, 4

213Publication of outcome of application

(1)After the Minister decides whether or not to grant the GHG lease, the chief executive must publish a notice about the outcome of the GHG lease application in or on at least 1 of the following—

(a)the gazette;

(b)the department’s website;

(c)another publication the chief executive considers appropriate.

(2)The notice must state—

(a)the decision; and

(b)if the decision was to grant the GHG lease—all conditions of the GHG lease other than the mandatory conditions; and

(c)if under division 4, a resource management decision was required and that decision was to give overlapping authority priority for all or part of the land—the decision and the reasons for it.

(3)However, if the chief executive considers that information in any condition is commercial-in-confidence, the chief executive may instead of publishing the condition publish a statement about the intent of the condition.

pt hdg sub 2010 No. 31 s 506

214Earlier geothermal, mining or petroleum lease application

If—

(a)a GHG lease application is made; and

(b)before the making of that application, an application (the other application) was made for a geothermal lease, mining lease or petroleum lease (the other proposed lease); and

(c)the other application had not been decided before the making of the GHG lease application; and

(d)the other proposed lease is an overlapping resource authority for the proposed GHG lease;

the GHG lease application must not be decided until the other lease application has been decided.

s 214 sub 2010 No. 31 s 506

215Proposed geothermal, mining or petroleum lease for which EIS approval given

(1)This section applies for a GHG lease application if—

(a)before the making of the application, an approval under the Environmental Protection Act, chapter 3, part 2 was granted for the voluntary preparation of an EIS; and

(b)the EIS is for a project that is or includes a proposed geothermal lease, mining lease or petroleum lease (the other proposed lease) for land the subject of the application.

(2)The application must not be decided until—

(a)if no application is made for the other proposed lease within 2 years after the granting of the approval—the end of the 2 years; or

(b)if an application is made for the other proposed lease within the 2 years—that application is decided.

s 215 sub 2010 No. 31 s 506

216Proposed geothermal, mining or petroleum lease declared a coordinated project

(1)This section applies for a GHG lease application if—

(a)before the making of the application, a coordinated project was declared; and

(b)the project is or includes a proposed geothermal lease, mining lease or petroleum lease (the other proposed lease) for land the subject of the application.

(2)The application must not be decided until—

(a)if no application is made for the other proposed lease within 1 year after the making of the declaration—the end of that year; or

(b)if an application is made for the other proposed lease within that year—that application is decided.

s 216 sub 2010 No. 31 s 506

amd 2012 No. 43 s 325 sch 2

pt hdg amd 2010 No. 31 s 502 sch 2 pt 4

217Application of pt 5

This part applies if—

(a)a GHG lease application is made in response to an invitation given because of a resource management decision under a resource Act; and

(b)the application is made within 6 months after the giving of the invitation.

s 217 amd 2010 No. 31 s 502 sch 2 pt 4

218Additional ground for refusing application

(1)The Minister may decide to refuse the GHG lease application if satisfied the applicant has not in a timely manner—

(a)taken any step for the application required of the applicant under chapter 3 or this chapter; or

(b)satisfied the Minister about a matter that under chapter 3 or this chapter, is required for the granting of the application.

(2) Subsection (1) does not limit section 413 or 413A.

s 218 amd 2012 No. 20 s 125 sch 1, s 281 sch 2

219Overlapping geothermal, mining or petroleum lease

(1)This section applies if land is in the area of both of the following—

(a)a GHG permit or GHG data acquisition authority (the GHG authority);

(b)a geothermal lease, mining lease or petroleum lease (a relevant lease).

(2)However, this section does not apply if the same person holds the GHG authority and the relevant lease.

(3)An authorised activity for the GHG authority may be carried out on the land only if—

(a)the relevant lease holder has not, in the way required under subsection (4), objected to—

(i)the carrying out of the activity; or

(ii)if the P&G Act safety provisions require a safety management plan for the GHG authority holder—the safety management plan; or

(b)if an objection under paragraph (a) has been made—the Minister has, under section 221, decided the authorised activity may be carried out.

Note—

For notice of authorised activities, see section 223.

(4)The objection must be in the approved form and given to the Minister and the GHG authority holder.

Note—

See also the Mineral Resources Act, section 403 (Offences regarding land subject to mining claim or mining lease).

s 219 sub 2010 No. 31 s 507

220Overlapping exploration authority (non-GHG)

(1)This section applies if land is in the area of both of the following—

(a)a GHG authority other than a GHG lease;

(b)an exploration authority (non-GHG).

(2)An authorised activity for the GHG authority can not be carried out on the land if—

(a)carrying it out adversely affects the carrying out of an authorised activity for the exploration authority (non-GHG); and

(b)the authorised activity for the exploration authority (non-GHG) has already started.

221Resolving disputes

(1)This section applies if under section 219 a relevant lease holder has objected to the carrying out of a GHG storage activity by a GHG authority holder.

(2)This section also applies if there is a dispute between a GHG authority holder and an exploration authority (non-GHG) holder about whether an authorised activity for the GHG authority can be carried out under section 220.

(3)Either of the parties may by a notice in the approved form ask the Minister to decide—

(a)for section 219—whether the authorised activity may be carried out under that section; or

(b)for section 220—whether the authorised activity may be carried out under that section.

(4)Before making the decision the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period.

(5)The Minister must, after complying with subsection (4) and considering any submission made under that subsection, decide the matter and give the parties notice of the decision.

(6)The Minister’s decision binds the parties.

(7)If the request is about a matter mentioned in subsection (1), the Minister may impose conditions on any decision that the authorised activity may be carried out.

(8)In this section—

parties means—

(a)for a request about a matter mentioned in subsection (1)—the GHG authority holder and the relevant lease holder; or

(b)for a request about a matter mentioned in subsection (2)—the GHG authority holder and the exploration authority (non-GHG) holder.

s 221 amd 2010 No. 31 s 502 sch 2 pt 4

222Notice of grant by particular GHG authority holders

(1)This section applies if—

(a)a GHG authority other than a GHG lease is granted; and

(b)land in the GHG authority’s area is in the area of or in a proposed area under an application for any of the following other authorities—

(i)an exploration authority (non-GHG);

(ii)a GHG data acquisition authority;

(iii)a data acquisition authority under the P&G Act;

(iv)a water monitoring authority under the P&G Act.

(2)It is a condition of the GHG authority that its holder must within 20 business days after the holder receives notice of the grant, give the holder of or applicant for the other authority a notice stating—

(a)that the GHG authority has been granted; and

(b)the GHG authority holder’s name; and

(c)the term of the GHG authority.

223Condition to notify particular other authority holders of proposed start of particular authorised activities

(1)This section applies to a GHG authority holder if—

(a)there is any of the following (the other authority) for the GHG authority—

(i)an overlapping authority;

(ii)a geothermal permit, mining lease or petroleum tenure that shares a common boundary with the GHG authority; or

(b)land in the GHG authority’s area is in the area of a data acquisition authority under the P&G Act (also the other authority).

(2)Before the GHG authority holder first starts a designated activity in the other authority’s area, the GHG authority holder must give the other authority holder at least 30 business days notice of the activity.

(3)A notice under subsection (2) must state—

(a)when the designated activity is to start; and

(b)where the designated activity is to be carried out; and

(c)the nature of the activity.

(4)Before changing the land on which the designated activity is being carried out, the GHG authority holder must give the other authority holder at least 30 business days notice stating where the activity is to be carried out.

(5)Compliance with this section is a condition of the GHG authority.

(6)In this section—

designated activity means any authorised activity for the GHG authority other than—

(a)an incidental activity under section 31 or 112; or

(b)an activity that only involves selecting places where other authorised activities for the GHG authority may be carried out.

s 223 amd 2010 No. 31 s 502 sch 2 pt 4

224Continuance of GHG coordination arrangement after transfer

(1)This section applies if—

(a)there is an overlapping authority for a GHG lease; and

(b)a GHG coordination arrangement applies to the GHG lease; and

(c)the GHG lease is transferred.

(2)It is a condition of the GHG lease that its holder must continue to be a party to a GHG coordination arrangement for the lease while the overlapping authority continues in force.

225Interests of overlapping authority holder to be considered

If there is an overlapping authority for a GHG lease, it may be amended under section 374 only if the interests of the overlapping authority holder have been considered.

226Operation of pt 7

This part imposes additional requirements for the following for a GHG lease or proposed GHG lease for which there is an overlapping authority—

(a)a proposed initial development plan;

(b)a proposed later development plan;

(c)a proposed amendment under an application to amend a development plan.

227Statement about interests of overlapping authority holder

The proposed plan or amendment must include a statement of how the effects on and the interests of any overlapping authority holder have or have not been considered, having regard to the GHG assessment criteria.

228Consistency with overlapping resource authority’s development plan and with any relevant coordination arrangement

(1)To the extent the area of the GHG lease and the overlapping authority coincide or will coincide, the proposed plan or amendment must be consistent with any geothermal coordination arrangement or GHG coordination arrangement for that area.

(2) Subsection (3) applies if the overlapping authority is a mining lease or petroleum lease.

(3)The proposed plan or amendment must to the extent the area of the GHG lease and the mining lease or petroleum lease coincide or will coincide be consistent with the development plan for the overlapping authority.

s 228 amd 2010 No. 31 s 508

229Additional criteria for approval

In deciding whether to approve the proposed plan or amendment the Minister must consider the GHG assessment criteria.

230Grant of GHG lease does not affect obligation to make plan

(1)This section applies if a GHG statement accompanies a GHG lease application as required under this chapter.

(2)The deciding of the application or the grant of the GHG lease—

(a)does not affect the obligation under the P&G Act safety provisions to make a safety management plan for any operating plant in the GHG lease’s area; and

(b)is not of itself evidence that a safety management plan, or purported safety management plan, for an operating plant in the GHG lease’s area complies with those provisions.

231Requirements for consultation with particular overlapping resource authority holders

(1)This section applies if—

(a)a person (an operator) proposes to be an operator of operating plant under the P&G Act in the area of a GHG tenure; and

(b)the operating plant is used or is proposed to be used for GHG storage activities (relevant operating plant); and

(c)activities (relevant activities) carried out, or proposed to be carried out, at the plant may adversely affect the safe and efficient use of resources under an overlapping authority for the GHG tenure.

(2)Before any operator may operate relevant operating plant, each operator must have made reasonable attempts to consult with the overlapping authority holder about relevant activities for the plant.

(3)If there is more than 1 operator, the GHG tenure holder may coordinate the consultation between the operators and the overlapping authority holder.

(4)For subsection (2), an operator is taken to have made reasonable attempts to consult if—

(a)the operator gives the overlapping authority holder a copy of the parts of the operator’s proposed safety management plan concerning any relevant operating plant the operator proposes to operate for the relevant activities; and

(b)the overlapping authority holder has not within 30 days after the giving of the copy made any proposal to the operator about provisions for the plan.

(5)An operator must before making or remaking a safety management plan for any relevant operating plant the operator operates or proposes to operate, have regard to any reasonable provisions for the plan proposed by the overlapping authority holder concerning relevant activities for the plant.

(6)However, the obligation under subsection (5) applies only to the extent the provisions are commercially and technically feasible for the operator or any relevant GHG tenure holder.

(7)If an operator makes a safety management plan for relevant operating plant that includes provisions proposed by the overlapping authority holder, the operator must—

(a)give the overlapping authority holder a copy; and

(b)give the chief inspector under the P&G Act a notice stating any provisions proposed under subsection (5) and whether they were included in the plan.

(8)In this section—

remaking, a safety management plan, includes an amendment or remaking of the plan of a type required under the P&G Act, section 678.

s 231 amd 2010 No. 31 s 502 sch 2 pt 4

232Application of P&G Act provisions for resolving disputes about reasonableness of proposed provision

(1)This section applies if a dispute exists between an operator under section 231 and an overlapping authority holder about the reasonableness of a provision proposed by the overlapping authority holder for the operator’s proposed safety management plan.

(2)The P&G Act, section 387, chapter 12 and schedule 1 apply to the dispute as if it were a dispute to which section 387 of that Act applies.

Editor’s note—

P&G Act, chapter 12 and schedule 1 (Reviews and appeals)

233Who may apply for GHG data acquisition authority

(1)A GHG tenure holder may apply for a GHG data acquisition authority to allow the applicant to carry out the following activities (data acquisition activities)—

(a)geophysical surveys on land (the data acquisition land) contiguous to land in the GHG tenure’s area to enable the applicant to acquire data relevant to authorised activities under the tenure;

(b)the entering of the data acquisition land to carry out the geophysical surveys.

(2)However, the application can not be made or granted for land in the area of another GHG tenure.

(3)The GHG tenure mentioned in subsection (1) is the relevant GHG tenure for the GHG data acquisition authority or proposed GHG data acquisition authority.

234Requirements for making application

The application must be—

(a)made to the Minister in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

235Deciding application

(1)The Minister may grant or refuse the GHG data acquisition authority.

(2)However, the GHG data acquisition authority can not be granted unless a relevant environmental authority has been issued.

Note—

If the application relates to acquired land, see also section 369C.

(3)The Minister may as a condition of deciding to grant the GHG data acquisition authority, require the applicant to do all or any of the following within a stated reasonable period—

(a)pay the annual rent for the GHG data acquisition authority;

(b)give under section 271, security for the GHG data acquisition authority.

(4)If the applicant does not comply with the requirement, the application may be refused.

s 235 amd 2012 No. 20 s 39

236Provisions of authority

(1)A GHG data acquisition authority must state its term and area.

(2)The term must end no later than 1 year after the authority takes effect.

(3)The GHG data acquisition authority may also state—

(a)conditions or other provisions of the GHG data acquisition authority other than conditions or provisions that are—

(i)inconsistent with section 238, 239 or 243 or any other mandatory condition for data acquisition authorities; or

Note—

Other provisions of this chapter also impose mandatory conditions on data acquisition authorities. See, in particular, part 12.

(ii)inconsistent with a condition of the relevant GHG tenure; or

(iii)the same as or substantially the same as or inconsistent with any relevant environmental condition; and

(b)the day it takes effect.

(4)However, the provisions of the GHG data acquisition authority may exclude or restrict the carrying out of data acquisition activities.

237Notice of refusal

If the Minister decides to refuse the application, the Minister must give the applicant notice of the decision.

238Key authorised activities

A GHG data acquisition authority authorises its holder to carry out data acquisition activities in the authority’s area.

Notes—

1For other authorised activities, see parts 7, division 2 (Access to private land outside area of GHG authority) and 12 (General provisions for conditions and authorised activities).

2For general restrictions on authorised activities, their relationship with owners’ and occupiers’ rights and who may carry out authorised activities for a GHG authority holder, see part 12, division 3.

3The carrying out of particular activities on particular land in the GHG data acquisition authority’s area may not be authorised following the taking of the land under a resumption law. See section 369B.

s 238 amd 2012 No. 20 ss 40, 125 sch 1

239Additional condition of relevant GHG tenure

If a condition is imposed on a GHG data acquisition authority (the authority condition), it is a condition of the relevant GHG tenure that the tenure holder must comply with the authority condition.

240Authority holder is the relevant GHG tenure holder from time to time

The holder of a GHG data acquisition authority is taken to be the person who, from time to time, holds the relevant GHG tenure.

241Authority ends if relevant GHG tenure ends

(1)A GHG data acquisition authority ends if the relevant GHG tenure ends.

(2) Subsection (1) applies subject to any noncompliance action taken for the GHG data acquisition authority or the relevant GHG tenure.

242Relationship with subsequent GHG tenure

(1)This section applies if a GHG tenure is granted over land in the area of a GHG data acquisition authority.

(2)The grant does not limit the GHG data acquisition authority or its term.

(3)However, an authorised activity for the GHG data acquisition authority may be carried out on the land only if—

(a)carrying out the activity does not adversely affect the carrying out of an authorised activity for the GHG tenure; or

(b)the agreement conditions have been complied with.

(4)In this section—

agreement conditions means that—

(a)the GHG tenure holder has agreed in writing to the carrying out of the activity; and

(b)a copy of the agreement has been given to the chief executive; and

(c)the agreement is still in force.

243Annual rent

(1)A GHG data acquisition authority holder must pay the State the rent as prescribed under a regulation.

Note—

See also section 372 (Interest on amounts owing to the State).

(2)The rent must be paid in the way, and on or before the day, prescribed under a regulation.

244End of authority report for GHG data acquisition authority

(1)This section applies if a data acquisition authority ends.

(2)The person who held the authority immediately before it ended must, within 6 months give in the required way the chief executive a report relating to the former authority about the matters mentioned in section 259.

Maximum penalty—150 penalty units.

(3)However, subsection (2) applies only to the extent the matters are relevant to the former authority.

245Minister’s power to require GHG storage viability report

(1)The Minister may by notice (a report requirement) require a GHG tenure holder to give the Minister a report (a GHG storage viability report) about all or a stated part of its area if—

(a)the holder is not carrying out GHG storage exploration or GHG stream storage in the area or stated part; and

(b)the Minister is of the opinion that—

(i)it is viable to carry out GHG stream storage in the area or stated part; or

(ii)it may be viable to carry out GHG stream storage in the area or stated part within 10 years.

Note—

For the relevance of this period, see section 102 (Deciding potential storage area application).

(2)The notice must state each of the following—

(a)the Minister’s opinion under subsection (1) (b) (i) or (ii);

(b)the facts and circumstances forming the basis for the opinion;

(c)that the Minister requires the holder to give the Minister a GHG storage viability report about the area;

(d)a reasonable period for giving the report.

s 245 amd 2010 No. 31 s 408 sch 2 pt 1

246Required content of GHG storage viability report

(1)A GHG storage viability report must—

(a)identify each GHG storage reservoir in the area the subject of the relevant report requirement; and

(b)state whether in the opinion of the relevant GHG tenure holder, it is currently viable to carry out GHG stream storage in the area; and

(c)if the holder’s opinion is that it is not viable to carry out GHG stream storage in the area, state—

(i)whether in the holder’s opinion, it may at any time in the future be viable to carry out GHG stream storage in the area; and

(ii)if the opinion is that it may at some time in the future be viable to carry out GHG stream storage in the area—the holder’s assessment of when that time may be; and

(d)give data, and an analysis of the data, that supports each opinion.

(2)The supporting data and analysis must include—

(a)technical data relating to the geology of GHG storage reservoirs in the area; and

(b)market and financial data relevant to the opinions.

s 246 amd 2010 No. 31 s 408 sch 2 pt 1

247Minister’s power to obtain independent viability assessment

(1)This section applies for a GHG tenure, whether or not its holder has given a GHG storage viability report about the tenure.

(2)The Minister may obtain an independent assessment of the viability of carrying out GHG stream storage in all or part of the GHG tenure’s area (an independent viability assessment).

(3)However, before seeking the assessment, the Minister must give the holder a notice stating each of the following—

(a)that the Minister proposes to obtain the assessment;

(b)the Minister’s reasons for seeking the assessment;

(c)whether the State will under section 248, seek to recover the costs of the assessment;

(d)that the holder may within a stated reasonable period make submissions to the Minister about the proposed assessment.

(4)The Minister must consider any submissions made under subsection (3) (d).

(5)The Minister must after receiving the assessment, give the holder a copy.

s 247 amd 2010 No. 31 s 408 sch 2 pt 1

248Costs of independent viability assessment

If—

(a)the Minister has incurred costs in obtaining under section 247, an independent viability assessment about a GHG tenure; and

(b)the notice under section 247 about the assessment stated that the State will seek to recover the costs; and

(c)the Minister has given the GHG tenure holder a notice requiring the holder to pay a reasonable amount for the costs;

the holder must pay the State a reasonable amount for the costs.

249Application of pt 3

This part applies for a pipeline constructed or operated under a GHG tenure.

Note—

See sections 31 (Incidental activities) and 111 (GHG stream pipeline and water pipeline construction and operation).

250General provision about ownership while tenure is in force for pipeline

(1)This section applies while the land on which the pipeline is constructed is, and continues to be, in the GHG tenure’s area.

(2)The pipeline is taken to be the personal property of the holder of the GHG tenure.

(3)The pipeline remains the holder’s personal property despite—

(a)it having become part of the land; or

(b)the sale or other disposal of the land.

(4)The pipeline can not be—

(a)levied or seized in execution; or

(b)sold in exercise of a power of sale or otherwise disposed of by a process under a law of a State taken against the holder or the owner of the land.

(5) Subsections (2) to (4) apply despite—

(a)an Act or law of a State; or

(b)a contract, covenant or claim of right under a law of a State.

251Ownership afterwards

(1)This section applies if the GHG tenure (the original tenure) ends or the land on which the pipeline is constructed ceases to be in the original tenure’s area.

(2) Section 250 applies and continues to apply for the pipeline and for any subsequent GHG tenure to the original tenure or pipeline licence for the pipeline.

(3)However, the application of section 250 is subject to—

(a) section 356; and

(b)any condition of the former tenure.

(4)Also, if the pipeline is decommissioned under section 252 the following person may dispose of it to anyone else—

(a)if no subsequent GHG tenure was granted for the land—the holder or former holder of the original tenure;

(b)if a subsequent GHG tenure was granted for the land—the holder or former holder of that tenure.

252Obligation to decommission pipelines on cessation or reduction of tenure

(1)The holder of a GHG tenure must before the decommissioning day, decommission in the way prescribed under a regulation any pipeline in the tenure’s area.

(2)However, subsection (1)—

(a)does not apply if the pipeline was constructed or operated under another GHG tenure or a petroleum authority; and

(b)ceases to apply if the operation of the pipeline becomes an authorised activity for another GHG tenure or a petroleum authority.

(3)Also, subsection (1) does not apply for a pipeline if—

(a)the pipeline was constructed or operated under a pipeline licence; and

(b)the licence is under the P&G Act, surrendered or otherwise ends for the purpose of the pipelines the subject of the licence becoming the subject of another pipeline licence.

(4)In this section—

decommissioning day means the latest of the following days—

(a)the earlier of the following—

(i)the day the GHG tenure ends;

(ii)the day the land ceases to be in the GHG tenure’s area;

(b)if before the day provided for under paragraph (a), the Minister fixes a day—that day;

(c)if before a day fixed under paragraph (b), the Minister fixes a later day—that day.

253Requirement of GHG tenure holder to report outcome of GHG storage injection testing

(1)This section applies if a GHG tenure holder carries out GHG storage injection testing.

(2)The holder must within 40 business days after the testing ends give the chief executive a report stating the outcome of the testing.

(3)The report must also state how much water was taken during the testing.

254Monitoring reports by GHG lease holder

(1)This section applies to the holder of a GHG lease.

(2)The holder must within 2 months after each of its anniversary days give each relevant chief executive a monitoring report for the 12 months that ended on the last anniversary day.

Maximum penalty—150 penalty units.

(3)Any relevant chief executive may by notice require the holder to within 30 business days give each relevant chief executive a monitoring report for the period since—

(a)the holder last gave a monitoring report under subsection (2); or

(b)if a monitoring report has not yet been required to be given under subsection (2)—the granting of the GHG lease.

(4)The holder must comply with a notice given under subsection (3).

Maximum penalty—150 penalty units.

(5)In this section—

anniversary day, for a GHG lease, means each day that is the anniversary of the day on which it took effect.

monitoring report means a report about the expected migration pathway or pathways of GHG streams during and after injection into GHG storage reservoirs under the GHG lease.

relevant chief executive means—

(a)the chief executive of the department in which this Act is administered; or

(b)the chief executive of the department in which the Environmental Protection Act is administered; or

(c)the chief executive of the department in which the Water Act is administered.

255Relinquishment report by GHG permit holder

(1)If part of the area of a GHG permit is relinquished as required or authorised under this Act, its holder must within 6 months give the chief executive a report that—

(a)describes—

(i)the authorised activities for the GHG permit carried out in the part; and

(ii)the results of the activities; and

(b)includes other information prescribed under a regulation.

Maximum penalty—200 penalty units.

(2)The report must—

(a)be—

(i)given electronically using the system for submission of reports made or approved by the chief executive; and

(ii)in the digital format made or approved by the chief executive; or

(b)if a way of giving the report is prescribed under a regulation—be given in that way.

(3)The chief executive must ensure the system and a document detailing the digital format made or approved by the chief executive are available for inspection on the department’s website.

(4)The requirements under subsection (2) are the required way for giving the chief executive reports.

s 255 amd 2012 No. 20 s 145

256End of tenure report

If a GHG tenure ends, the person who held the tenure immediately before it ended must, within 6 months, give the chief executive a report in the required way that—

(a)includes all of the following—

(i)a summary of all authorised activities for the GHG tenure carried out for the tenure since it took effect;

(ii)a summary of the results of the activities;

(iii)an index of all reports given as required under this Act, for the activities;

(iv)a summary of all significant hazards created to future safe and efficient mining that under the P&G Act safety provisions, are required to be reported by the person;

(v)for each hazard mentioned in the summary under subparagraph (iv)—a reference to the report that contains details of the hazard;

(vi)information about the amount and location of GHG stream storage done in, and water produced from, the GHG tenure’s area;

(vii)any information related to information mentioned in subparagraph (vi) that may help the understanding of the size or amount and location of any GHG stream storage sites in, or water that may be produced from, the area;

(viii)any information required to be reported under this Act that has not been previously reported; and

(b)states any other information prescribed under a regulation.

Maximum penalty—150 penalty units.

257Power to require information or reports about authorised activities to be kept or given

(1)A regulation or the chief executive may for the services of the State require a GHG authority holder to—

(a)keep in a stated way stated information or types of information about authorised activities carried out under the GHG authority; or

Example of a way of keeping information—

in a stated digital format

(b)give the chief executive a notice in the approved form giving stated information or types of information or stated reports at stated times or intervals about authorised activities carried out under the GHG authority.

Example of a stated time—

for a report about a GHG well, 6 months after its completion

(2)For subsection (1), the information or report required to be given or kept may be—

(a)exploration data; or

(b)opinions, conclusions, technical consolidations and advanced interpretations based on exploration data.

(3)A notice by the chief executive under subsection (1) (b) may state—

(a)a format required for giving the information; and

(b)a degree of precision required for the giving of the information.

(4)A person of whom a requirement under subsection (1) has been made must comply with the requirement.

Maximum penalty—100 penalty units.

(5)In this section—

information includes documents, records and samples.

s 257 amd 2010 No. 31 s 509

258Requirement to keep records and samples

(1)A GHG tenure holder must for the period and in the way prescribed under a regulation keep the records and samples about authorised activities carried out under the tenure as prescribed under a regulation.

Maximum penalty—500 penalty units.

(2)For subsection (1), the prescribed records may be—

(a)exploration data; or

(b)opinions, conclusions, technical consolidations and advanced interpretations based on exploration data.

259Requirement to give records and samples

(1)A person who under section 258, is required to keep a record or sample must for the services of the State give a copy of the record and a part of the sample to the chief executive within 6 months after the earlier of the following (the required time)—

(a)the day the record or sample was acquired or made;

(b)the day the relevant GHG tenure ends.

Maximum penalty—500 penalty units.

(2)The copy of the record must be given in the required way for giving reports to the chief executive.

(3)If the chief executive gives the person a notice asking the person for more of the sample, the person must give it to the chief executive at the address stated in the notice within the reasonable time stated in the notice (also the required time) unless the holder has a reasonable excuse.

Maximum penalty—500 penalty units.

(4)The chief executive may extend the required time by up to 1 year if—

(a)the person asks for the extension before the required time ends; and

(b)the chief executive is satisfied the extension is necessary.

(5)However, the extension must not end later than—

(a)for subsection (1)—6 months after the required time ends; or

(b)for subsection (3)—1 year after the required time ends.

(6)Without limiting subsection (1), the uses to which the State may put the copy of the record and the part of the sample may include—

(a)the building of a publicly available database to facilitate petroleum exploration for the services of the State; and

(b)GHG exploration.

260Meaning of required information

The required information, for a GHG authority, is information (in any form) about authorised activities carried out under the authority that the authority holder has given under this Act, including for example—

(a)a sample; and

(b)data and other matters mentioned in section 257 (2).

261Public release of required information

(1)The mere fact of the existence of a GHG authority is taken to be an authorisation from its holder to the chief executive to do the following, after the end of any confidentiality period prescribed under a regulation—

(a)publish in the way prescribed under a regulation required information for the GHG authority for public use;

(b)on payment of a fee prescribed under a regulation, make it available to any person.

(2)Any confidentiality period prescribed under subsection (1) ceases if the information is about an authorised activity carried out only in an area that is no longer in the GHG authority’s area.

Example—

The required information is a well completion report about a well drilled on particular land in the area of a GHG permit. Subsection (1) ceases to apply if all of that land is relinquished under the relinquishment condition.

(3)The authorisation is not affected by the ending of the GHG authority.

262Chief executive may use required information

(1)The mere fact of the existence of a GHG authority is taken to be an authorisation from its holder to the chief executive to use required information for—

(a)purposes reasonably related to this Act that are required for the GHG authority; or

(b)the services of the State.

(2)The authorisation is not affected by the ending of the GHG authority.

263Former petroleum wells assumed by GHG tenure holder

If, under the 1923 Act, section 75U or the P&G Act, section 292, a GHG tenure holder assumes responsibility for a well, this Act applies to the holder in relation to the well as if it were a GHG well.

s 263 amd 2010 No. 31 s 510

264Requirements for drilling GHG well

A person drilling a GHG well must comply with—

(a)any requirements prescribed under a regulation for the drilling of the GHG well; and

(b)any relevant requirements about construction and drilling standards for water bore drilling activities under the Water Act.

Maximum penalty—500 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 393A, to have also committed the offence.

s 264 amd 2013 No. 51 s 229 sch 1

265Application of div 2

This division applies to the following wells in the area of a GHG tenure—

(a)a GHG well drilled by or for the GHG tenure holder;

(b)a well that is or has been a petroleum well for which the holder has, under the 1923 Act, section 75U or the P&G Act, section 292, assumed responsibility.

s 265 amd 2010 No. 31 s 511

266Restriction on decommissioning well

It is a condition of the GHG tenure that the GHG tenure holder may decommission the well only if the GHG storage reservoir to which the well relates has no available storage capacity for any further injection for GHG storage.

267Obligation to decommission

(1)Subject to section 266, the GHG tenure holder must ensure the well is decommissioned from use under this Act before—

(a)for a GHG lease—the GHG storage reservoir to which the well relates has no available storage capacity for any further injection for GHG storage; or

(b)for a GHG permit—the permit ends or the land on which the well is located ceases to be in the permit’s area.

Maximum penalty—500 penalty units.

(2)However, subsection (1) does not apply for land that, under section 48 (1), ceases to be in the area of a GHG permit.

(3)For subsection (1), the well is decommissioned from use under this Act only if—

(a)it has been plugged and abandoned in the way prescribed under a regulation; and

(b)any relevant requirements under the Water Act for the decommissioning of water bores have been complied with; and

(c)the GHG tenure holder has given the Water Act Minister a notice in the approved form about the decommissioning.

s 267 amd 2010 No. 31 s 408 sch 2 pt 1

268Right of entry to facilitate decommissioning for GHG permit

(1)This section applies if—

(a)the GHG tenure is a GHG permit; and

(b)the GHG permit has ended or the land on which the well is located is no longer in the GHG tenure’s area; and

(c)the GHG permit holder or former holder has not carried out decommissioning as required under section 267.

(2)The holder or former holder may enter the following land to carry out the decommissioning—

(a)land (the primary land) on which the decommissioning must be or was required to be carried out;

(b)any other land (the access land) it is reasonably necessary to cross for access to the primary land.

(3)Parts 7 and 8 and part 10, division 1 apply to the holder or former holder in the following way—

(a)if the GHG permit has ended, as if—

(i)it were still in force; and

(ii)the former holder were still its holder;

(b)as if the primary land and access land is in the GHG permit’s area;

(c)as if the decommissioning is an authorised activity for the GHG tenure.

s 268 amd 2010 No. 31 s 437 sch 2 pt 2

269Responsibility for well after decommissioning

(1)This section applies if the GHG tenure holder has decommissioned a well under section 267.

Note—

For ownership before decommissioning, see section 327 (Ownership of equipment and improvements).

(2)Despite the decommissioning, the holder continues to be responsible under this Act for the well until the earlier of the following times (the relevant time)—

(a)when the GHG tenure ends;

(b)when the land on which the well is located ceased to be in the GHG tenure’s area.

(3)At the relevant time the well is taken to have been transferred to the State.

(4) Subsection (3) applies despite—

(a)the well being on or part of land owned by someone else; or

(b)the sale or other disposal of the land.

270Operation and purpose of pt 6

(1)This part empowers the Minister to require, from time to time, the holder of a GHG authority or a person who has applied for a GHG authority to give the State security for the authority or proposed authority.

(2)The security may be used to pay—

(a)any liability under this Act that the State incurs because of an act or omission of the holder; and

(b)any unpaid annual rent payable by the holder to the State; and

(c)other unpaid amounts payable under this Act by the holder to the State, including for example, any of the following payable by the holder to the State—

(i)unpaid civil penalty;

(ii)unpaid interest on unpaid annual rent;

(iii)any debt payable by the holder under section 371; and

(d)any compensation the State must pay under section 360 because of the exercise or purported exercise of a remedial power under section 356 for the GHG authority, whether or not the authority has ended.

271Power to require security for GHG authority

(1)The Minister may require the holder of a GHG authority or a person who has applied for a GHG authority to give the State security for the authority, or proposed authority.

(2)The security must be—

(a)in the form prescribed under a regulation; and

(b)of at least the amount prescribed under a regulation.

(3)The requirement may be made at any time.

(4)However, the requirement does not take effect until the holder or applicant is given—

(a)for a requirement to give security in the form and amount prescribed under subsection (2)—notice of the requirement; or

(b)otherwise—an information notice about the decision to make the requirement.

272Minister’s power to require additional security

(1)The Minister may at any time require a GHG authority holder to increase the amount of security given for the authority.

(2)However—

(a)if, because of an increase in the prescribed amount under section 271 (2), the requirement is to increase the total security required to no more than the increased prescribed amount—the requirement must be made by notice to the holder; or

(b)if the requirement is to increase the total security required to more than the prescribed amount under section 271 (2) when the requirement is made—

(i) subsections (3) to (6) must be complied with before making the requirement; and

(ii)the requirement does not take effect until the holder is given an information notice about the decision to make the requirement.

(3)The Minister must give the holder notice—

(a)stating the proposed increased amount of the security for the GHG authority; and

(b)inviting the holder to within a stated reasonable period make submissions to the Minister about the proposed increased amount.

(4)The stated period must end at least 20 business days after the holder is given the notice.

(5)The Minister must consider any submissions made by the holder within the stated period.

(6)In this section—

security given includes security given or increased because of a requirement under subsection (1).

273Interest on security

The State may keep any interest that accrues on security given under this part for a GHG authority.

274Power to use security

The State may use security given under this part for a GHG authority and any interest that accrues on the security to make a payment mentioned in section 270 (2) concerning the authority.

275Replenishment of security

(1)This section applies if—

(a)under section 274, all or part of the security for a GHG authority has been used; and

(b)the GHG authority is still in force.

(2)The Minister must give the GHG authority holder a notice—

(a)stating how much of the security has been used; and

(b)directing the holder to within 30 days after the giving of the notice replenish the security for the GHG authority up to the higher of the following—

(i)the amount prescribed under a regulation;

(ii)if the notice states that under section 271, another amount is required—the other amount.

276Security not affected by change in authority holder

(1)This section applies if security for a GHG authority has been given under this part for the authority and its holder changes.

(2)Despite the change, the security and any interest that accrues on it continues in force for the benefit of the State and may be used under section 274.

(3)If the security is in the form of money, until the security is replaced or refunded it continues in force for the holder from time to time of the GHG authority.

277Retention of security after GHG authority ends

(1)Security or part of security given for a GHG authority may be kept for 1 year after the authority has ended.

(2)Also, if a claim made for the use of the security has not been assessed, an appropriate amount of the security to meet the claim may be kept until the claim has been assessed.

div hdg sub 2010 No. 31 s 441

sdiv hdg ins 2010 No. 31 s 441

278Entry notice requirement

(1)A person must not—

(a)enter private land in a GHG authority’s area to carry out a preliminary activity for the authority; or

(b)enter private land in a GHG authority’s area to carry out an advanced activity for the authority if either of the following applies for the entry—

(i)the deferral agreement exemption;

(ii)the Land Court application exemption;

unless the GHG authority’s holder has given each owner and occupier of the land a written notice of the entry that complies with section 279 (an entry notice).

Maximum penalty—500 penalty units.

(2)The entry notice must be given—

(a)generally—at least 10 business days before the entry; or

(b)if, by a signed endorsement on the notice, the relevant owner or occupier has agreed to a shorter period—the shorter period.

Maximum penalty—500 penalty units.

(3)The holder must give the chief executive a copy of the entry notice immediately after the notice is given and before entry is made under the GHG authority.

Maximum penalty—10 penalty units.

(4)A contravention of subsection (3) does not affect the validity of the notice or the entry.

(5)This section is subject to section 280.

(6)In this section—

deferral agreement exemption, for an entry, means that the conduct and compensation agreement requirement does not apply for the entry because of section 284 (c) (i).

give, for an entry notice, includes publishing it in a way approved under section 282.

Land Court application exemption, for an entry, means that the conduct and compensation agreement requirement does not apply for the entry because of section 284 (c) (ii).

s 278 sub 2010 No. 31 s 441

279Required contents of entry notice

(1)An entry notice must state the following—

(a)the land proposed to be entered;

(b)the period during which the land will be entered (the entry period);

(c)the activities proposed to be carried out on the land;

(d)when and where the activities are proposed to be carried out;

(e)contact details for—

(i)the relevant GHG authority holder; or

(ii)another person the holder has authorised to discuss the matters stated in the notice.

(2)Also, the first entry notice from the GHG authority holder to a particular owner or occupier must be accompanied by or include a copy of—

(a)the GHG authority; and

(b)the land access code; and

(c)any code of practice made under this Act applying to authorised activities for the GHG authority; and

(d)the relevant environmental authority.

(3)The entry period can not be longer than—

(a)generally—

(i)for a GHG permit—6 months; or

(ii)for another GHG authority—1 year; or

(b)if the relevant owner or occupier agrees in writing to a longer period—the longer period.

(4)Subject to subsections (1) to (3), an entry notice may state an entry period that is different to the entry period stated in another entry notice given by the GHG authority holder to another owner or occupier of the land.

s 279 sub 2010 No. 31 s 441

amd 2012 No. 16 s 78 sch

280Exemptions from entry notice requirement

(1)The requirement under section 278 (1) to give an entry notice does not apply for an entry to land to carry out an authorised activity if any of the following apply—

(a)the GHG authority holder owns the land;

(b)the holder has the right other than under this Act to enter the land to carry out the activity;

(c)if—

(i)there is a conduct and compensation agreement relating to the land; and

(ii)each eligible claimant for the land is a party to the agreement; and

(iii)the agreement includes a waiver of entry notice;

(d)the entry is to preserve life or property or because of an emergency that exists or may exist;

(e)the relevant owner or occupier has, by signed writing, given a waiver of entry notice.

(2)A waiver of entry notice mentioned in subsection (1) must comply with section 281 (1).

s 280 sub 2010 No. 31 s 441

281Provisions for waiver of entry notice

(1)A waiver of entry notice mentioned in section 280 must—

(a)if it does not form part of a conduct and compensation agreement, be written and signed; and

(b)state the following—

(i)that the relevant owner or occupier has been told they are not required to agree to the waiver of entry notice;

(ii)the authorised activities proposed to be carried out on the land;

(iii)the period during which the land will be entered;

(iv)when and where the activities are proposed to be carried out.

(2)The relevant owner or occupier can not withdraw the waiver of entry notice during the period.

(3)The waiver of entry notice ceases to have effect at the end of the period.

s 281 sub 2010 No. 31 s 441

282Giving entry notice by publication

(1)The chief executive may approve a GHG authority holder giving an entry notice for the authority by publishing it in a stated way.

(2)The publication may relate to more than 1 entry notice.

(3)The chief executive may give the approval only if satisfied—

(a)for a relevant owner or occupier who is an individual, it is impracticable to give the owner or occupier the notice personally; and

(b)the publication will happen at least 20 business days before the entry.

s 282 sub 2010 No. 31 s 441

sdiv hdg ins 2010 No. 31 s 441

283Conduct and compensation agreement requirement

(1)A person must not enter private land in a GHG authority’s area to carry out an advanced activity for the authority (the relevant activity) unless each eligible claimant for the land is a party to an appropriate conduct and compensation agreement.

Maximum penalty—500 penalty units.

(2)The requirement under subsection (1) is the conduct and compensation agreement requirement.

Note—

For conduct and compensation agreements, see part 10, division 1.

(3)In this section—

appropriate conduct and compensation agreement, for an eligible claimant, means a conduct and compensation agreement about the holder’s compensation liability to the eligible claimant of at least to the extent the liability relates to the relevant activity and its effects.

s 283 sub 2010 No. 31 s 441

284Exemptions from conduct and compensation agreement requirement

The conduct and compensation agreement requirement does not apply for an entry to land to carry out an advanced activity if any of the following apply—

(a)the GHG authority holder owns the land;

(b)the holder has the right other than under this Act to enter the land to carry out the activity;

(c)each eligible claimant for the land is—

(i)a party to an agreement, complying with section 285, that a conduct and compensation agreement can be entered into after the entry (a deferral agreement); or

(ii)an applicant or respondent to a Land Court application under section 325B relating to the land;

(d)the entry is to preserve life or property or because of an emergency that exists or may exist.

s 284 sub 2010 No. 31 s 441

285Requirements for deferral agreement

A deferral agreement must—

(a)be written and signed by or for the holder and each eligible claimant for the land to be entered; and

(b)state the following—

(i)that the eligible claimant has been told the claimant is under no obligation to enter into a deferral agreement before entering into a conduct and compensation agreement;

(ii)the authorised activities proposed to be carried out on the land;

(iii)the period during which the land will be entered;

(iv)when and where the activities are proposed to be carried out;

(v)the period for which the deferral agreement has effect;

(vi)when it is proposed to enter into a conduct and compensation agreement.

s 285 sub 2010 No. 31 s 441

div hdg prev div 2 hdg om 2010 No. 31 s 441

pres div 2 hdg (prev div 4 hdg) renum 2010 No. 31 s 437 sch 2 pt 2

286Application of div 2

This division applies for a GHG authority in relation to all private land outside its area.

s 286 amd 2010 No. 31 s 437 sch 2 pt 2

287Access rights of GHG authority holder

(1)Subject to section 288, the holder of a GHG authority has the following rights—

(a)to cross the land if it is reasonably necessary to allow the holder to enter the GHG authority’s area;

(b)to carry out activities on the land that are reasonably necessary to allow the crossing of the land.

Examples for paragraph (b)—

1constructing a road or track

2opening a gate or fence

(2)The rights under subsection (1) that may under section 288, be exercised are the access rights for the GHG authority.

(3)Land to which the access rights apply is access land for the GHG authority.

288Restriction on exercise of access rights

(1)The access rights may be exercised only if—

(a)the exercise of the rights is needed to preserve life or property because of a dangerous situation or emergency that exists or may exist; or

(b)the following have agreed orally or in writing to the exercise of the rights—

(i)if exercising the rights is likely to have a permanent impact on the land—each owner and the occupier of the land;

(ii)if exercising the rights is unlikely to have a permanent impact on the land—each occupier of the land.

Note—

See also section 388 (Duty to avoid interference in carrying out authorised activities).

(2)An agreement mentioned in subsection (1) (b) is an access agreement.

(3)In this section—

permanent impact, on the land, means a continuing effect on the land or its use or a permanent or long-term adverse effect on its current lawful use by an occupier of the land.

Example of an exercise of the rights that is likely to have a permanent impact—

building a road

Example of an exercise of the rights that is unlikely to have a permanent impact—

opening or closing a gate

289Owner or occupier must not unreasonably refuse to make access agreement

(1)An owner or occupier of the land must not if asked by a GHG authority holder unreasonably refuse to make an access agreement for the exercise of the access rights.

(2)For subsection (1), the owner or occupier does not unreasonably refuse only because the owner or occupier asks for agreement to be subject to reasonable and relevant conditions offered by the owner or occupier.

(3)If the holder asks the owner or occupier to make an access agreement and the owner or occupier has not within 20 business days made the agreement, the owner or occupier is taken to have refused to agree.

Note—

Either party may refer a refusal under subsection (1) or (3) to the Land Court to decide whether the refusal is unreasonable. See section 293.

290Principles for deciding whether access is reasonable

(1)This section provides for matters to which regard must be had in deciding whether—

(a)it is reasonably necessary for a GHG authority holder to cross the land to allow the holder to enter the GHG authority’s area; or

(b)it is reasonably necessary for the holder to carry out activities on the land to allow the crossing of the land; or

(c)the owner or occupier has unreasonably refused to make an access agreement.

(2)The holder must first show that it not possible or reasonable to exercise the access rights by using a formed road.

(3)After subsection (2) has been satisfied, the following must be considered—

(a)the nature and extent of any impact the exercise of the access rights will have on the land and the owner or occupier’s use and enjoyment of it;

(b)how, when and where and the period during which the holder proposes to exercise the access rights.

s 290 amd 2010 No. 31 s 408 sch 2 pt 1

291Provisions for access and access agreements

(1) Section 279 applies for any entry to the land by a GHG authority holder as if the entry were an entry to carry out authorised activities.

(2)However—

(a)a written access agreement may include a waiver of entry notice for the entry; and

(b)if an access agreement provides for alternative provisions to section 279 for the entry—section 279 does not apply for so long as the alternative provisions are in force.

(3)A written access agreement may include a compensation agreement for the exercise or future exercise of access rights by the holder.

(4)This division does not limit or otherwise affect the ability of the owner or occupier to grant the holder a right of access to the land, including for example, by the grant of an easement.

292Access agreement binds successors and assigns

Subject to section 294, an access agreement binds the parties to it and each of their personal representatives, successors in title and assigns.

293Power of Land Court to decide access agreement

(1)If a dispute arises between a GHG authority holder and an owner or occupier of the land (the parties) about a matter mentioned in section 290 (1), any party to the dispute may apply to the Land Court for it to decide the matter.

(2)In deciding the matter, the Land Court may impose conditions it considers appropriate for the exercise of the access rights.

(3)Conditions imposed under subsection (2) are taken to be—

(a)if there is already an access agreement between the parties—conditions of that agreement; or

(b)if there is no access agreement between the parties—an access agreement between the parties.

294Power of Land Court to vary access agreement

(1)An owner or occupier of the land or a GHG authority holder may apply to the Land Court to vary any access agreement between them.

(2)The Land Court may vary the access agreement only if it considers the change is appropriate because of a material change in circumstances.

(3) Subsection (2) does not limit section 322.

(4)This section does not prevent the owner or occupier and the holder from agreeing to vary the access agreement.

s 294 amd 2010 No. 31 s 408 sch 2 pt 1

295Criteria for deciding access

In deciding an application under this subdivision, the Land Court must have regard to section 290 (2) and (3).

div hdg prev div 3 hdg om 2010 No. 31 s 441

pres div 3 hdg (prev div 5 hdg) renum 2010 No. 31 s 437 sch 2 pt 2

296Entry notice or waiver of entry notice or access agreement not affected by a dealing

A dealing with a GHG authority does not affect an entry notice or waiver of entry notice or an access agreement given or made for the authority.

297Change in ownership or occupancy

(1)If after the giving of an entry notice, the ownership or occupancy of the relevant land changes—

(a)the holder of the GHG authority for which the entry notice was given is taken to have given that notice to each new owner or occupier of the land; and

(b) section 279 (2) does not apply for the new owner or occupier for the entry period stated in the notice.

(2)If after the giving of a waiver of entry notice the ownership or occupancy of the relevant land changes, each new owner or occupier of the land is taken to have given that waiver of entry notice.

(3)If the relevant GHG authority holder becomes aware of a new owner or occupier mentioned in subsection (1) or (2), the holder must within 15 business days give the new owner or occupier a copy of the entry notice or waiver of entry notice.

(4)If the holder does not comply with subsection (3), subsections (1) and (2) cease to apply for the entry notice or consent.

s 297 amd 2010 No. 31 s 442

div hdg (prev div 6 hdg) renum 2010 No. 31 s 437 sch 2 pt 2

298Notice to owners and occupiers

(1)This section applies if—

(a)private land has been entered to carry out authorised activities for a GHG authority; or

(b)access land for a GHG authority has been entered in the exercise of the access rights over the land.

(2)The holder of the GHG authority must within 3 months after the end of the period under subsection (3), (4) or (5) give each owner and occupier of the land a notice stating—

(a)what activities were carried out on the land during that period and where they were carried out; or

(b)if no activities were carried out on the land during the period—that no activities were carried out on the land during that period.

(3)If an entry notice was given for the entry to all owners or occupiers of the land, the period for subsection (2) is the period stated in the entry notice.

(4)If all owners or occupiers of the land gave a waiver of entry notice for the entry, the period for subsection (2) is the longer of following periods after the giving of the waiver of entry notice—

(a)either—

(i)for a GHG permit—6 months; or

(ii)for another GHG authority—1 year;

(b)if within the period under paragraph (a), each owner or occupier of the land consented to a longer period—the longer period.

(5)If an entry notice for the entry was given to some of the owners or occupiers and the rest of the owners or occupiers gave a waiver of entry notice for the entry, the period for subsection (2) is the longer of the periods under subsections (3) and (4).

div hdg (prev div 7 hdg) renum 2010 No. 31 s 437 sch 2 pt 2

299Right of access for authorised activities includes access for rehabilitation and environmental management

(1)This section applies if under this part, a GHG authority holder has the right to enter private land to carry out authorised activities for the authority.

(2)The right includes the right to enter the land to carry out rehabilitation or environmental management required of the holder under any relevant environmental requirement under the Environmental Protection Act.

300Coordinated projects excluded from div 1

(1)This division does not apply for a GHG authority for a coordinated project.

(2) Subsection (1) does not limit or otherwise affect conditions the Coordinator-General may under the State Development Act, part 4, recommend for the GHG authority.

s 300 amd 2012 No. 43 s 325 sch 2; 2014 No. 40 s 154 sch 1 pt 1

301What is a notifiable road use

(1)A notifiable road use, for a GHG authority, is—

(a)the use of a public road in the GHG authority’s area for transport relating to a seismic survey or drilling activity; or

(b)the use of a public road at more than the threshold rate if the haulage relates to—

(i)the transportation of GHG streams; or

(ii)the construction of a pipeline.

(2) Subsection (1) (b) applies even if the road is not on land in the GHG authority’s area.

(3)In this section—

threshold rate means—

(a)for a State-controlled road—50,000t a year; or

(b)for another public road—10,000t a year.

302Notice of notifiable road use

(1)It is a condition of each GHG authority that its holder must not use a public road for a notifiable road use unless the holder has given the public road authority for the road notice that the holder proposes to carry out the use.

Note—

For the condition that compensation be addressed before carrying out a notifiable road use, see section 325K.

(2)The notice must—

(a)be given—

(i)at least 10 business days before the use starts; or

(ii)within a shorter period agreed to by the public road authority in writing; and

(b)state each of the following—

(i)the public road proposed to be used;

(ii)the type of haulage under the use;

Examples of type of haulage—

•vehicle type

•material hauled

(iii)the total weight of material proposed to be hauled;

(iv)when the use is proposed to start and end;

(v)the frequency of vehicle movements;

(vi)contact details for the holder or someone else the holder has authorised to discuss the matters stated in the notice.

s 302 amd 2012 No. 20 s 125 sch 1

303Directions about notifiable road use

(1)The public road authority for a public road may, by notice, give a GHG authority holder a direction (a road use direction) about the way the holder may use the road for notifiable road uses being carried out, or proposed to be carried out, by the holder.

(2)The direction must—

(a)be reasonable; and

(b)only be about—

(i)preserving the condition of the road; or

(ii)the safety of road users or the public; and

(c)be accompanied by or include an information notice about the decision to give the direction.

Examples of what a direction may be about—

•when the road may be used

•the route for the movement of heavy vehicles

•safety precautions the holder must take

(3)The direction may also require the holder to—

(a)carry out an assessment of the impacts likely to arise from the notifiable road use the subject of the notice; and

(b)consult with the public road authority in carrying out the assessment.

(4)However—

(a)an assessment can not be required if the notifiable road use is transport relating to a seismic survey or drilling activity; and

(b)the public road authority can not require an assessment of an impact to the extent it has already been assessed under an EIS under the Environmental Protection Act or a similar document under another Act.

304Obligation to comply with road use directions

It is a condition of each GHG authority that its holder must comply with any road use direction given to its holder relating to the authority unless the holder has a reasonable excuse.

312Requirement for entry notice to carry out authorised activities

(1)This section does not apply for a notifiable road use.

Note—

For notifiable road uses see sections 302 (Notice of notifiable road use) and 303 (Directions about notifiable road use).

(2)A person must not enter public land to carry out an authorised activity for a GHG authority on public land unless—

(a)the activity is an activity that may be carried out by a member of the public without requiring the specific approval of the public land authority for the land; or

Example—

travelling on a public road in the GHG authority’s area

(b)the holder has at least 30 business days before the entry given the public land authority notice under this part (an entry notice) of the proposed entry; or

(c)the entry is needed to preserve life or property because of a dangerous situation or emergency that exists or may exist; or

(d)the public land authority has agreed that an entry notice is not required.

Maximum penalty—100 penalty units.

(3)An agreement under subsection (2) (d) is a waiver of entry notice.

313Waiver of entry notice

(1)A waiver of entry notice must—

(a)be signed; and

(b)state each of the following—

(i)that the public land authority has been told it is not required to agree to the waiver of entry notice;

(ii)the authorised activities proposed to be carried out on the land;

(iii)the period during which the land will be entered;

(iv)when and where the activities are proposed to be carried out.

(2)The public land authority can not withdraw the waiver of entry notice during the period.

(3)The waiver of entry notice ceases to have effect at the end of the period.

314Required contents of entry notice

(1)An entry notice must state each of the following—

(a)the land proposed to be entered;

(b)the period during which the land will be entered (the entry period);

(c)the activities proposed to be carried out on the land;

(d)when and where the activities are proposed to be carried out;

(e)contact details for—

(i)the relevant GHG authority holder; or

(ii)another person the holder has authorised to discuss the matters stated in the notice.

(2)The entry period must not be longer than—

(a)for a GHG permit—6 months; or

(b)for another GHG authority—1 year.

(3)However, the entry period may be longer if the public land authority agrees in writing.

(4)Subject to subsections (2) and (3), an entry notice given to 1 public land authority for the public land may state a different entry period from an entry notice given to another public land authority for the public land.

(5)If a proposed activity is not likely to significantly disrupt activities the public land authority ordinarily carries out on the land, the entry notice may comply with subsection (1) (c) and (d) by generally describing the nature and extent of the activity.

s 314 amd 2010 No. 31 s 443

315Conditions public land authority may impose

(1)A public land authority may impose relevant and reasonable conditions on a GHG authority holder, including for example, about giving the public land authority—

(a)notice of proposed entry—

(i)generally—at least 2 business days before the proposed entry; or

(ii)if the holder and the public land authority have agreed to a longer or shorter period for giving the notice—within the longer or shorter period; or

(b)notice at stated intervals of activities carried out by, or for, the holder on the land.

(2)However, the public land authority can not impose a condition that is the same or substantially the same as or inconsistent with a condition of the GHG authority or a relevant environmental authority.

(3)Despite subsection (2), if the public land authority is the chief executive of the department in which the Nature Conservation Act 1992 is administered, that chief executive may impose a condition more stringent than the conditions of the environmental authority.

(4)If the public land authority decides to impose a condition other than a condition agreed to or requested by the holder, it must give the holder an information notice about the decision.

(5)In carrying out the activity, the holder must comply with the conditions.

Maximum penalty for subsection (5)—100 penalty units.

316Application of pt 9

(1)This part applies for a GHG authority (the first authority) for land outside its area and in the area of any of the following (the second authority)—

(a)another GHG authority;

(b)a petroleum tenure;

(c)a petroleum authority;

(d)a mining tenement;

(e)a geothermal tenure.

(2)However, if the land is also private land or public land, this part does not limit part 7 or 8.

s 316 amd 2010 No. 31 s 512

317Access if second authority is a lease

If the second authority is a lease, the first authority holder may enter the land only if—

(a)the second authority holder has consented in writing to the entry; and

(b)the first authority holder has given the chief executive a notice stating that the consent has been given.

s 317 amd 2010 No. 31 s 513

318Access if second authority is not a lease

(1)If the second authority is not a lease, the first authority holder may do the following without the second authority holder’s consent—

(a)cross the land if it is reasonably necessary to allow the first authority holder to enter the first authority’s area;

(b)carry out activities on the land that are reasonably necessary to allow the crossing of the land.

(2)However, a right under subsection (1) may be exercised only if its exercise does not adversely affect the carrying out of an authorised activity for the second authority.

(3) Subsection (2) applies whether or not the authorised activity has already started.

s 318 amd 2010 No. 31 s 514

pt hdg sub 2010 No. 31 s 444

div hdg ins 2010 No. 31 s 444

sdiv hdg ins 2010 No. 31 s 444

319Application of div 1

This division does not apply for a public land authority in relation to a notifiable road use.

s 319 sub 2010 No. 31 s 444

sdiv hdg ins 2010 No. 31 s 444

320General liability to compensate

(1)The holder of each GHG authority is liable to compensate each owner or occupier of private land or public land in the area of, or access land for, the authority (an eligible claimant) for any compensatable effect the eligible claimant suffers caused by relevant authorised activities.

(2)A GHG authority holder’s liability under subsection (1) to an eligible claimant is the holder’s compensation liability to the claimant.

(3)This section is subject to section 325E.

(4)In this section—

compensatable effect means all or any of the following—

(a)all or any of the following relating to the eligible claimant’s land—

(i)deprivation of possession of its surface;

(ii)diminution of its value;

(iii)diminution of the use made or that may be made of the land or any improvement on it;

(iv)severance of any part of the land from other parts of the land or from other land that the eligible claimant owns;

(v)any cost, damage or loss arising from the carrying out of activities under the GHG authority on the land;

(b)accounting, legal or valuation costs the claimant necessarily and reasonably incurs to negotiate or prepare a conduct and compensation agreement, other than the costs of a person facilitating an ADR;

Examples of negotiation—

an ADR or conference

(c)consequential damages the eligible claimant incurs because of a matter mentioned in paragraph (a) or (b).

relevant authorised activities means authorised activities for the GHG authority carried out by the holder or a person authorised by the holder.

s 320 sub 2010 No. 31 s 444

sdiv hdg ins 2010 No. 31 s 444

321Conduct and compensation agreement

(1)An eligible claimant and a GHG authority holder may enter into an agreement (a conduct and compensation agreement) about—

(a)how and when the GHG authority holder may enter the land for which the eligible claimant is an eligible claimant; and

(b)how authorised activities under the GHG authority to the extent they relate to the eligible claimant must be carried out; and

(c)the holder’s compensation liability to the claimant or any future compensation liability that the holder may have to the claimant.

(2)However, a conduct and compensation agreement can not be inconsistent with this Act, a condition of the GHG authority or a mandatory provision of the land access code and is unenforceable to the extent of the inconsistency.

(3)A conduct and compensation agreement may relate to all or part of the liability or future liability.

s 321 sub 2010 No. 31 s 444

322Content of conduct and compensation agreement

(1)A conduct and compensation agreement must—

(a)provide for the matters mentioned in section 321 (1); and

(b)be written and signed by or for the GHG authority holder and the eligible claimant; and

(c)state whether it is for all or part of the compensation liability; and

(d)if it is for only part of the compensation liability, state—

(i)details of each activity or effects of the activity to which the agreement relates; and

(ii)the period for which the agreement has effect; and

(e)provide for how and when the compensation liability will be met.

(2)A conduct and compensation agreement may—

(a)extend the holder’s compensation liability to the claimant or any future compensation liability that the holder may have to the claimant to any renewal of the GHG authority; and

(b)provide for—

(i)monetary or non-monetary compensation; or

Example of non-monetary compensation—

A conduct and compensation agreement may provide for the construction of a road for the claimant.

(ii)a process by which it may be amended or enforced; and

Example of a process for amendment—

A conduct and compensation agreement may provide for compensation under it to be reviewed on the happening of a material change in circumstances for the GHG authority including a change in the extent of activities required under a later development plan for a GHG lease.

(c)provide for any compensation that is or may be payable by the holder to the eligible claimant under the Environmental Protection Act.

(3)This section does not limit the matters that may be provided for in a conduct and compensation agreement.

s 322 sub 2010 No. 31 s 444

Note—

Generally, a GHG authority holder can not enter private land to carry out an advanced activity unless the holder complies with this subdivision. See sections 283 and 284.

sdiv hdg ins 2010 No. 31 s 444

323Notice of intent to negotiate

(1)A GHG authority holder may give an eligible claimant to whom the holder has a compensation liability a notice (the negotiation notice) that the holder wishes to negotiate a conduct and compensation agreement or a deferral agreement with the eligible claimant.

(2)The negotiation notice must be accompanied by a copy of the land access code and state all of the following—

(a)if the holder wishes to negotiate a conduct and compensation agreement—

(i)whether the holder wishes to negotiate all or part of the holder’s compensation liability to the eligible claimant; and

(ii)if the holder only wishes to negotiate part of the liability—what the part is;

(b)if the holder wishes to negotiate a deferral agreement—that wish and the reasons for it;

(c)the land the holder proposes to enter;

(d)the activities proposed to be carried out on the land;

(e)when and where the activities are proposed to be carried out;

(f)if the holder is a corporation—contact details for the holder and an individual the holder has authorised to negotiate the agreement.

(3)The GHG authority holder must give the chief executive a copy of the negotiation notice immediately after it is given.

Maximum penalty for subsection (3)—10 penalty units.

s 323 sub 2010 No. 31 s 444

324Negotiations

(1)On the giving of the negotiation notice, the GHG authority holder and the eligible claimant (the parties) must use all reasonable endeavours to negotiate a conduct and compensation agreement or a deferral agreement (a relevant agreement).

(2)The period of the negotiations—

(a)must be at least for the period provided for under section 324A (the minimum negotiation period); but

(b)may continue for as long as the parties wish.

(3)If, during the minimum negotiation period, the parties enter into a relevant agreement the GHG authority holder can not enter the relevant land to carry out advanced activities for the authority until the period ends.

(4) Subsection (3) applies despite the terms of the agreement.

s 324 sub 2010 No. 31 s 444

324AProvision for the minimum negotiation period

(1)Generally, the minimum negotiation period is 20 business days from the giving of the negotiation notice (the usual period).

(2)Either party may, within the usual period, ask the other to agree to a longer minimum negotiation period because of stated reasonable or unforeseen circumstances.

(3)If the other party so agrees, the longer minimum negotiation period is the minimum negotiation period.

s 324A ins 2010 No. 31 s 444

325Cooling-off during minimum negotiation period

(1)This section applies if the parties enter into a conduct and compensation agreement or a deferral agreement during the minimum negotiation period.

(2)Either of the parties may, within the minimum negotiation period, terminate the agreement by giving notice to the other party.

(3)On the giving of a notice under subsection (2), the terminated agreement is taken never to have had any effect.

(4)To remove any doubt, it is declared that subsection (3) does not change the time when the negotiation notice was given.

s 325 sub 2010 No. 31 s 444

325AParties may seek conference or independent ADR

(1)This section applies if, at the end of the minimum negotiation period, the parties have not entered into a conduct and compensation agreement or deferral agreement.

(2)Either party may by a notice (an election notice)—

(a)to the other party and an authorised officer—ask for an authorised officer to call a conference to negotiate a conduct and compensation agreement; or

(b)to the other party—call upon them to agree to an alternative dispute resolution process (an ADR) to negotiate a conduct and compensation agreement.

(3)If the notice calls for an ADR, it must—

(a)identify the ADR; and

(b)state that the party giving the notice agrees to bear the costs of the person who will facilitate the ADR.

(4)An ADR may be a process of any kind including, for example, arbitration, conciliation, mediation or negotiation.

(5)However, the facilitator must be independent of either party.

s 325A ins 2010 No. 31 s 444

325AB Conduct of conference or ADR

(1)This section applies if an election notice is given.

(2)If a conference was requested—

(a)the authorised officer must take all reasonable steps to ensure the conference is finished within 20 business days after the notice is given (the usual period); and

(b)chapter 6, part 1A applies for the conference.

(3)If an ADR was called for, the parties must use reasonable endeavours to finish it within 20 business days after the giving of the notice (also the usual period).

(4)Either party may, within the usual period, ask the other to agree to a longer period to finish the conference or ADR because of stated reasonable or unforeseen circumstances.

(5)If the parties agree to the longer period, that period applies instead of the usual period.

(6)If an ADR was called for, section 377D applies to the ADR as if a reference in the section to a conference were a reference to an ADR.

s 325AB ins 2010 No. 31 s 444

sdiv 5 (ss 325B–325D) ins 2010 No. 31 s 444

325BLand court may decide if negotiation process unsuccessful

(1)This section applies if an election notice is given and—

(a)a party asked an authorised officer to call a conference and the authorised officer does not finish it within the period required under section 325AB (the required period); or

(b)a party called for an ADR and the person facilitating the ADR does not finish it within the period required under section 325AB (also the required period).

(2)This section also applies if an election notice is given and—

(a)only 1 party attended the conference requested or ADR called for; or

(b)both parties attended the conference or ADR and, at the end of the required period, there is no conduct and compensation agreement between the parties.

(3)An eligible party may apply to the Land Court for it to decide the GHG authority holder’s—

(a)compensation liability to the claimant; or

(b)future compensation liability to the claimant for an authorised activity for the GHG authority proposed to be carried out by or for the holder.

(4)However, the Land Court may decide the liability or future liability only to the extent it is not subject to a conduct and compensation agreement.

(5)In hearing the application, the Land Court must as much as practicable ensure the hearing happens together with, or as closely as possible to, the hearing of any relevant environmental compensation application.

(6)In this section—

eligible party means a party who attended the conference or ADR.

relevant environmental compensation application means an application to the Land Court for compensation that is or may be payable by the GHG authority holder to the eligible claimant under the Environmental Protection Act.

sdiv 5 (ss 325B–325D) ins 2010 No. 31 s 444

325CLand Court review of compensation

(1)This section applies if—

(a)the compensation liability or future compensation liability of a GHG authority holder to an eligible claimant has been agreed to under a conduct and compensation agreement or decided by the Land Court (the original compensation); and

(b)there has been a material change in circumstances (the change) since the agreement or decision.

(2)The eligible claimant or the holder may apply to the Land Court for it to review the original compensation.

(3)In carrying out the review, the Land Court may review the original compensation only to the extent it is affected by the change.

(4)If the Land Court considers the original compensation is not affected by the change, it must not carry out or continue with the review.

(5)The Land Court may, after carrying out the review, decide to confirm the original compensation or amend it in a way the court considers appropriate.

(6)If the decision is to amend the compensation, the original compensation as amended under the decision is, for this Act, taken to be the original compensation.

sdiv 5 (ss 325B–325D) ins 2010 No. 31 s 444

325DOrders Land Court may make

(1)The Land Court may make any order it considers appropriate to meet or enforce its decision on an application under this part.

(2)Without limiting subsection (1), the Land Court may order non-monetary compensation as well as monetary compensation.

sdiv 5 (ss 325B–325D) ins 2010 No. 31 s 444

sdiv 6 (ss 325DA–325DC) ins 2010 No. 31 s 444

325DA What sdiv 6 is about

(1)This subdivision provides for additional matters for which the Land Court has jurisdiction.

(2)The jurisdiction is subject to subdivisions 1 to 5.

sdiv 6 (ss 325DA–325DC) ins 2010 No. 31 s 444

325DB Additional jurisdiction

(1)This section applies to a GHG authority holder and an eligible claimant (the parties) if any of the following apply—

(a)the GHG authority holder has carried out a preliminary activity;

(b)the parties can not reach agreement about a conduct and compensation agreement;

(c)there is a conduct and compensation agreement or deferral agreement between the parties.

(2)The Land Court may do all or any of the following—

(a)assess all or part of the relevant GHG authority holder’s compensation liability to another party;

(b)decide a matter related to the compensation liability;

(c)declare whether or not a proposed authorised activity for the relevant GHG authority would, if carried out, interfere with the carrying out of lawful activities by the eligible claimant;

(d)make any order it considers necessary or desirable for a matter mentioned in paragraph (a), (b) or (c).

Example—

The Land Court declares that a particular proposed authorised activity interferes with the carrying out of lawful activities by the eligible claimant. It may also order that a stated modification of, or reduction in, the activity would remove the interference.

sdiv 6 (ss 325DA–325DC) ins 2010 No. 31 s 444

325DC Jurisdiction to impose or vary conditions

(1)In deciding a matter mentioned in section 325DB (2), the Land Court may—

(a)impose any condition it considers appropriate for the exercise of the parties’ rights; or

(b)vary any existing condition under an agreement between the parties.

(2)The variation may be made on any ground the Land Court considers appropriate.

(3)The imposed or varied condition is taken to be—

(a)if there is an agreement between the parties—a condition of the agreement; or

(b)if there is no agreement between the parties—an agreement between the parties.

(4)In this section—

agreement means a conduct and compensation agreement.

condition means a condition of or for a conduct and compensation agreement.

sdiv 6 (ss 325DA–325DC) ins 2010 No. 31 s 444

sdiv 7 (s 325E) ins 2010 No. 31 s 444

325ECompensation not affected by change in ownership or occupancy

(1)A conduct and compensation agreement or a Land Court decision under this part is for the benefit of, and is taken to have been agreed to or decided for and is binding on, the following—

(a)the relevant eligible claimant;

(b)the GHG authority holder;

(c)each of their successors and assigns including successors and assigns for the area of the relevant GHG authority.

(2) Subsection (1) is subject to section 325C.

sdiv 7 (s 325E) ins 2010 No. 31 s 444

div hdg ins 2010 No. 31 s 444

325FLiability to compensate public road authority

(1)The holder of each GHG authority is liable to compensate the public road authority for a public road for any cost, damage or loss it incurs or will incur that is or will be caused by notifiable road uses carried out by the holder that relate to the road.

Examples of a possible cost for subsection (1)—

•repair costs to rectify damage to the road caused or that will be caused by any of the uses

•capital costs for unplanned upgrades of the road incurred or that will be incurred because of any of the uses

•bring-forward costs, including interest charges, for a planned upgrade of the road that because of any of the uses is or will be required earlier than planned

(2)The holder’s liability under subsection (1) is the holder’s compensation liability to the public road authority.

(3)The compensation liability—

(a)applies whether or not the holder has, under section 302, given notice of the use; and

(b)is subject to section 325L; and

(c)is in addition to and does not limit or otherwise affect the holder’s liability under another provision of this Act about compensating the public road authority or anyone else.

s 325F (prev s 305) reloc and renum 2010 No. 31 s 437 sch 2 pt 2

amd 2010 No. 31 s 437 sch 2 pt 2

325GCompensation agreement

(1)A GHG authority holder and the public road authority for a public road may enter into an agreement (a compensation agreement) about the holder’s compensation liability to the public road authority relating to the road.

(2)A compensation agreement may relate to all or part of the liability.

(3)A compensation agreement must—

(a)be signed by or for the holder and the public road authority; and

(b)state whether it is for all or part of the liability; and

(c)if it is for only part of the liability, state—

(i)each part of the notifiable road use to which the agreement relates; and

(ii)the period for which the agreement has effect; and

(d)provide for how and when the liability will be met.

(4)A compensation agreement may—

(a)extend the holder’s compensation liability to the public road authority relating to the road to any renewal of the GHG authority; and

(b)provide for—

(i)monetary or non-monetary compensation; or

(ii)a process by which it may be amended or enforced.

Example for paragraph (b)—

A compensation agreement may provide for compensation under it to be reviewed on the happening of a material change in circumstances for the GHG authority including a significant decrease or increase in the extent of the relevant notifiable road use.

(5) Subsections (2) to (4) do not limit the matters that may be provided for in a compensation agreement.

s 325G (prev s 306) reloc and renum 2010 No. 31 s 437 sch 2 pt 2

325HDeciding compensation through Land Court

(1)The public road authority for a public road or a GHG authority holder may apply to the Land Court for it to decide the holder’s compensation liability to the public road authority relating to the road.

(2)The Land Court may decide the compensation liability only to the extent it is not subject to a compensation agreement.

(3)In making the decision, the Land Court may have regard to whether the applicant has attempted to mediate or negotiate the compensation liability.

s 325H (prev s 307) reloc and renum 2010 No. 31 s 437 sch 2 pt 2

325ICriteria for decision

(1)The criteria the Land Court must consider in deciding a compensation application include—

(a)the reasonableness of the cost, damage or loss claimed; and

(b)if the public road authority is a local government—the extent to which the cost, damage or loss claimed has been, will be or ought reasonably to be or to have been paid from—

(i)amounts the GHG authority holder has paid or agreed to pay the public road authority for notifiable road uses; or

(ii)rates and charges under the Local Government Act 1993 paid or payable by the GHG authority holder to the public road authority; and

(c)any other relevant matter.

(2)In considering the reasonableness of any cost, damage or loss claimed, the Land Court must have regard to—

(a)any action taken or proposed by the GHG authority holder to, or to attempt to, avoid, minimise or remedy the cost, damage or loss; and

(b)any relevant act or omission of the public road authority.

(3) Subsection (1) (b) (ii) applies whether or not the rates and charges relate to notifiable road uses.

s 325I (prev s 308) reloc and renum 2010 No. 31 s 437 sch 2 pt 2

325JLand Court review of compensation