Chapter 3—Regulation of activities relating to injection and storage of greenhouse gas substances
Part 3.1—Introduction
287 Simplified outline
The following is a simplified outline of this Chapter:
• This Chapter provides for the grant of the following titles:
(a) a greenhouse gas assessment permit (see Part 3.2);
(b) a greenhouse gas holding lease (see Part 3.3);
(c) a greenhouse gas injection licence (see Part 3.4);
(d) a greenhouse gas search authority (see Part 3.5);
(e) a greenhouse gas special authority (see Part 3.6).
• A greenhouse gas assessment permit authorises the permittee to explore in the permit area for potential greenhouse gas storage formations and potential greenhouse gas injection sites.
• If an eligible greenhouse gas storage formation is identified in a greenhouse gas permit area, the responsible Commonwealth Minister may declare that the formation is an identified greenhouse gas storage formation.
• After the declaration of an identified greenhouse gas storage formation in a greenhouse gas permit area, the permittee may apply for a greenhouse gas holding lease or a greenhouse gas injection licence.
• A greenhouse gas holding lease is granted if the applicant is not currently in a position to inject and store a greenhouse gas substance, but is likely to be in such a position within 15 years. The lessee may apply for a greenhouse gas injection licence.
• A greenhouse gas injection licence authorises the licensee to carry out greenhouse gas injection and storage operations in the licence area.
• A greenhouse gas search authority authorises the holder to carry on operations in the authority area relating to the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites (but not to make a well).
• A greenhouse gas special authority authorises the holder to carry on certain greenhouse gas‑related operations in the authority area (but not to make a well).
• Part 3.7 provides for the grant of greenhouse gas research consents. A greenhouse gas research consent authorises the holder to carry on greenhouse gas‑related operations in the course of a scientific investigation.
287A Application of this Chapter (and associated provisions) to bodies politic
(1) The following provisions:
(a) this Chapter and regulations made for the purposes of this Chapter;
(b) the remaining provisions of this Act and the regulations, so far as they relate to:
(i) this Chapter; or
(ii) exploring for a potential greenhouse gas storage formation; or
(iii) exploring for a potential greenhouse gas injection site; or
(iv) the injection of a greenhouse gas substance; or
(v) the storage of a greenhouse gas substance;
apply, and are taken always to have applied, to the following bodies politic:
(c) a State;
(d) the Northern Territory.
(2) Subsection (1) has effect in addition to section 35.
(3) This Act does not make:
(a) a State; or
(b) the Northern Territory;
liable to a pecuniary penalty or to be prosecuted for an offence.
(4) The protection in subsection (3) does not apply to an authority of:
(a) a State; or
(b) the Northern Territory.
Part 3.2—Greenhouse gas assessment permits
Division 1—General provisions
288 Simplified outline
The following is a simplified outline of this Part:
• It is an offence to explore in an offshore area for a potential greenhouse gas storage formation, or a potential greenhouse gas injection site, except:
(a) under a greenhouse gas assessment permit; or
(b) as otherwise authorised or required by or under this Act.
• This Part provides for:
(a) the grant of greenhouse gas assessment permits over blocks in an offshore area; and
(b) the grant of greenhouse gas assessment permits over blocks in an offshore area and State/Territory blocks in the coastal waters of a State or the Northern Territory.
• A greenhouse gas assessment permit authorises the permittee to explore in the permit area for potential greenhouse gas storage formations and potential greenhouse gas injection sites.
• There are 3 types of greenhouse gas assessment permits:
(a) a greenhouse gas assessment permit granted on the basis of work program bidding (a work‑bid greenhouse gas assessment permit); and
(b) a greenhouse gas assessment permit granted on the basis of cash bidding (a cash‑bid greenhouse gas assessment permit); and
(c) a greenhouse gas assessment permit granted over blocks in the offshore area and State/Territory blocks in the coastal waters of a State or the Northern Territory (a cross‑boundary greenhouse gas assessment permit).
• If an eligible greenhouse gas storage formation is identified in a greenhouse gas permit area, the responsible Commonwealth Minister may declare that the formation is an identified greenhouse gas storage formation.
289 Prohibition of unauthorised exploration for potential greenhouse gas storage formation, or potential greenhouse gas injection site, in offshore area
(1) A person commits an offence if:
(a) the person explores for:
(i) a potential greenhouse gas storage formation; or
(ii) a potential greenhouse gas injection site; and
(b) the exploration occurs in an offshore area.
Penalty: Imprisonment for 5 years.
(2) Subsection (1) does not apply to conduct that is:
(a) authorised by a greenhouse gas assessment permit; or
(b) otherwise authorised or required by or under this Act.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.
290 Rights conferred by greenhouse gas assessment permit
(1) A greenhouse gas assessment permit authorises the permittee, in accordance with the conditions (if any) to which the permit is subject:
(a) to explore in the permit area for a potential greenhouse gas storage formation; and
(b) to explore in the permit area for a potential greenhouse gas injection site; and
(c) to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation, so long as the relevant well is situated in the permit area; and
(d) to store, on an appraisal basis, a greenhouse gas substance in a part of a geological formation, so long as the injection of the stored greenhouse gas substance takes place at a well situated the permit area; and
(e) to inject, on an appraisal basis:
(i) air; or
(ii) petroleum; or
(iii) water;
into a part of a geological formation for purposes in connection with the exploration authorised by paragraph (a) or (b), so long as the relevant well is situated in the permit area; and
(f) to store, on an appraisal basis:
(i) air; or
(ii) petroleum; or
(iii) water;
in a part of a geological formation for purposes in connection with the exploration authorised by paragraph (a) or (b), so long as the injection of the stored air, petroleum or water takes place at a well situated in the permit area; and
(g) with the written consent of the responsible Commonwealth Minister, to recover petroleum in the permit area for the sole purpose of appraising a discovery of petroleum that was made as an incidental consequence of:
(i) the exploration authorised by paragraph (a) or (b); or
(ii) the injection authorised by paragraph (c) or (e); and
(h) to carry on such operations, and execute such works, in the permit area as are necessary for those purposes.
(2) The rights conferred on the permittee by subsection (1) are subject to this Act and the regulations.
(3) If petroleum is recovered by the permittee in the permit area as authorised by paragraph (1)(g), the petroleum does not become the property of the permittee.
(4) A greenhouse gas storage permit does not authorise the permittee to make a well outside the permit area.
291 Conditions of greenhouse gas assessment permits—general
(1A) This section does not apply to a cross‑boundary greenhouse gas assessment permit.
(1) The responsible Commonwealth Minister may grant a greenhouse gas assessment permit subject to whatever conditions the responsible Commonwealth Minister thinks appropriate.
(2) The conditions (if any) must be specified in the permit.
Approval of key greenhouse gas operations
(3) A greenhouse gas assessment permit is subject to the condition that the permittee will not carry on key greenhouse gas operations under the permit unless:
(a) the responsible Commonwealth Minister has approved the operations under section 292; and
(b) the permittee complies with the conditions (if any) to which the approval is subject.
Securities
(4) A greenhouse gas assessment permit is subject to the condition that, if the permittee is given a notice under section 454, the permittee will comply with the notice.
Work‑bid greenhouse gas assessment permits
(5) Any or all of the following conditions may be specified in a work‑bid greenhouse gas assessment permit:
(a) conditions requiring the permittee to carry out work in, or in relation to, the permit area (including conditions requiring the permittee to carry out the work during a period of 12 months or longer, or during periods each of which is 12 months or longer);
(b) conditions relating to the amounts that the permittee must spend in carrying out such work;
(c) conditions requiring the permittee to comply with directions that:
(i) relate to the matters covered by paragraphs (a) and (b); and
(ii) are given in accordance with the permit.
Cash‑bid greenhouse gas assessment permits
(6) Despite subsection (1), a cash‑bid greenhouse gas assessment permit must not be granted subject to conditions requiring the permittee to:
(a) carry out work in, or in relation to, the permit area; or
(b) spend particular amounts on the carrying out of work in, or in relation to, the permit area.
Other provisions
(7) Despite subsection (2), the conditions mentioned in subsections (3) and (4) do not need to be specified in the permit.
(8) Subsections (3), (4) and (5) do not limit subsection (1).
291A Conditions of cross‑boundary greenhouse gas assessment permits
(1) The Cross‑boundary Authority may grant a cross‑boundary greenhouse gas assessment permit subject to whatever conditions the Cross‑boundary Authority thinks appropriate.
(2) The conditions (if any) must be specified in the permit.
Approval of key greenhouse gas operations
(3) A cross‑boundary greenhouse gas assessment permit is subject to the condition that the permittee will not carry on key greenhouse gas operations under the permit unless:
(a) the responsible Commonwealth Minister has approved the operations under section 292A; and
(b) the permittee complies with the conditions (if any) to which the approval is subject.
Securities
(4) A cross‑boundary greenhouse gas assessment permit is subject to the condition that, if the permittee is given a notice under section 454, the permittee will comply with the notice.
Work to be carried out
(5) Any or all of the following conditions may be specified in a cross‑boundary greenhouse gas assessment permit:
(a) conditions requiring the permittee to carry out work in, or in relation to, the permit area (including conditions requiring the permittee to carry out the work during a period of 12 months or longer, or during periods each of which is 12 months or longer);
(b) conditions relating to the amounts that the permittee must spend in carrying out such work;
(c) conditions requiring the permittee to comply with directions that:
(i) relate to the matters covered by paragraphs (a) and (b); and
(ii) are given in accordance with the permit.
Other provisions
(6) Despite subsection (2), the conditions mentioned in subsections (3) and (4) do not need to be specified in the permit.
(7) Subsections (3), (4) and (5) do not limit subsection (1).
292 Approval by responsible Commonwealth Minister of key greenhouse gas operations—general
(1A) This section does not apply to a cross‑boundary greenhouse gas assessment permit.
(1) A greenhouse gas assessment permittee may apply to the responsible Commonwealth Minister for approval to carry on one or more key greenhouse gas operations under the permit.
(2) If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:
(a) give the approval, with or without conditions to which the approval is subject; or
(b) by written notice given to the applicant, refuse to give the approval.
Responsible Commonwealth Minister must have regard to certain matters
(3) In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6), (7) and (8).
(4) The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key greenhouse gas operations could have on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing petroleum exploration permit; or
(b) an existing petroleum retention lease; or
(c) an existing petroleum production licence; or
(d) a future petroleum exploration permit; or
(e) a future petroleum retention lease; or
(f) a future petroleum production licence.
(5) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing petroleum exploration permit held by a person other than the applicant; or
(b) an existing petroleum retention lease held by a person other than the applicant; or
(c) an existing petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(d) whether the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence, as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(e) if so—the terms of that agreement.
(6) If:
(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
(i) a future petroleum exploration permit over a block or blocks; or
(ii) a future petroleum retention lease over a block or blocks; or
(iii) a future petroleum production licence over a block or blocks; and
(b) a petroleum exploration permit, petroleum retention lease or petroleum production licence is in force over the block or any of the blocks; and
(c) the petroleum exploration permit, petroleum retention lease or petroleum production licence is held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(d) whether the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(e) if so—the terms of that agreement.
(7) If any of those key greenhouse gas operations is:
(a) an operation to inject, on an appraisal basis, a substance into a part of a geological formation; or
(b) an operation to store, on an appraisal basis, a substance in a part of a geological formation;
the responsible Commonwealth Minister must have regard to the composition of the substance.
(8) The responsible Commonwealth Minister must have regard to the public interest.
(9) Subsections (4), (5), (6) and (7) do not limit subsection (8).
(10) Subsections (4), (5), (6), (7) and (8) do not limit the matters to which the responsible Commonwealth Minister may have regard.
Circumstances in which the approval must not be given
(11) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing pre‑commencement petroleum title held by a person other than the applicant; or
(b) an existing post‑commencement petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless the registered holder of the pre‑commencement petroleum title, or the post‑commencement petroleum production licence, as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
(12) If:
(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre‑commencement petroleum title over a block or blocks; and
(b) the existing pre‑commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless the registered holder of the existing pre‑commencement petroleum title has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
No right to an approval
(13) To avoid doubt, section 290 does not imply that a greenhouse gas assessment permittee who applies for approval under subsection (1) of this section is entitled to be given the approval.
Suspension of rights
(14) For the purposes of this section, disregard a suspension of rights under section 266.
292A Approval by responsible Commonwealth Minister of key greenhouse gas operations carried on under a cross‑boundary greenhouse gas assessment permit
(1) A cross‑boundary greenhouse gas assessment permittee may apply to the responsible Commonwealth Minister for approval to carry on one or more key greenhouse gas operations under the permit.
(2) If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:
(a) give the approval, with or without conditions to which the approval is subject; or
(b) by written notice given to the applicant, refuse to give the approval.
Responsible Commonwealth Minister must have regard to certain matters
(3) In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6), (7) and (8).
(4) The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key greenhouse gas operations could have on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing petroleum exploration permit; or
(b) an existing petroleum retention lease; or
(c) an existing petroleum production licence; or
(d) a future petroleum exploration permit; or
(e) a future petroleum retention lease; or
(f) a future petroleum production licence; or
(g) an existing State/Territory petroleum exploration title; or
(h) an existing State/Territory petroleum retention title; or
(i) an existing State/Territory petroleum production title; or
(j) a future State/Territory petroleum exploration title; or
(k) a future State/Territory petroleum retention title; or
(l) a future State/Territory petroleum production title.
(5) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing petroleum exploration permit held by a person other than the applicant; or
(b) an existing petroleum retention lease held by a person other than the applicant; or
(c) an existing petroleum production licence held by a person other than the applicant; or
(d) an existing State/Territory petroleum exploration title held by a person other than the applicant; or
(e) an existing State/Territory petroleum retention title held by a person other than the applicant; or
(f) an existing State/Territory petroleum production title held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(g) whether:
(i) the registered holder of the petroleum exploration permit; or
(ii) the registered holder of the petroleum retention lease; or
(iii) the registered holder of the petroleum production licence; or
(iv) the holder of the State/Territory petroleum exploration title; or
(v) the holder of the State/Territory petroleum retention title; or
(vi) the holder of the State/Territory petroleum production title;
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(h) if so—the terms of that agreement.
(6) If:
(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
(i) a future petroleum exploration permit over a block or blocks; or
(ii) a future petroleum retention lease over a block or blocks; or
(iii) a future petroleum production licence over a block or blocks; or
(iv) a future State/Territory petroleum exploration title over a State/Territory block or State/Territory blocks; or
(v) a future State/Territory petroleum retention title over a State/Territory block or State/Territory blocks; or
(vi) a future State/Territory petroleum production title over a State/Territory block or State/Territory blocks; and
(b) either:
(i) a petroleum exploration permit, petroleum retention lease or petroleum production licence is in force over the block or any of the blocks; or
(ii) a State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title is in force over the State/Territory block or any of the State/Territory blocks; and
(c) the petroleum exploration permit, petroleum retention lease, petroleum production licence, State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title is held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(d) whether:
(i) the registered holder of the petroleum exploration permit covered by subparagraph (b)(i); or
(ii) the registered holder of the petroleum retention lease covered by subparagraph (b)(i); or
(iii) the registered holder of the petroleum production licence covered by subparagraph (b)(i); or
(iv) the holder of the State/Territory petroleum exploration title covered by subparagraph (b)(ii); or
(v) the holder of the State/Territory petroleum retention title covered by subparagraph (b)(ii); or
(vi) the holder of the State/Territory petroleum production title covered by subparagraph (b)(ii);
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(e) if so—the terms of that agreement.
(7) If any of those key greenhouse gas operations is:
(a) an operation to inject, on an appraisal basis, a substance into a part of a geological formation; or
(b) an operation to store, on an appraisal basis, a substance in a part of a geological formation;
the responsible Commonwealth Minister must have regard to the composition of the substance.
(8) The responsible Commonwealth Minister must have regard to the public interest.
(9) Subsections (4), (5), (6) and (7) do not limit subsection (8).
(10) Subsections (4), (5), (6), (7) and (8) do not limit the matters to which the responsible Commonwealth Minister may have regard.
Circumstances in which the approval must not be given
(11) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing pre‑commencement petroleum title held by a person other than the applicant; or
(b) an existing post‑commencement petroleum production licence held by a person other than the applicant; or
(c) an existing pre‑commencement State/Territory petroleum title held by a person other than the applicant; or
(d) an existing post‑commencement State/Territory petroleum production title held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless:
(e) the registered holder of the pre‑commencement petroleum title; or
(f) the registered holder of the post‑commencement petroleum production licence; or
(g) the holder of the pre‑commencement State/Territory petroleum title; or
(h) the holder of the post‑commencement State/Territory petroleum production title;
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
(12) If:
(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
(i) a future pre‑commencement petroleum title over a block or blocks; or
(ii) a future pre‑commencement State/Territory petroleum title over a State/Territory block or State/Territory blocks; and
(b) if subparagraph (a)(i) applies—the existing pre‑commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant; and
(c) if subparagraph (a)(ii) applies—the existing pre‑commencement State/Territory petroleum title in force over the State/Territory block or any of the State/Territory blocks is held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless:
(d) the registered holder of the existing pre‑commencement petroleum title; or
(e) the holder of the existing pre‑commencement State/Territory petroleum title;
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
No right to an approval
(13) To avoid doubt, section 290 does not imply that a cross‑boundary greenhouse gas assessment permittee who applies for approval under subsection (1) of this section is entitled to be given the approval.
Suspension of rights
(14) For the purposes of this section, disregard a suspension of rights under:
(a) section 266; or
(b) a provision of a law of a State or Territory that corresponds to section 266.
293 Duration of greenhouse gas assessment permit
(1) The duration of a greenhouse gas assessment permit is worked out using the table:
Duration of greenhouse gas assessment permits |
Item | This kind of permit... | remains in force... |
1 | an original greenhouse gas assessment permit (other than an original cross‑boundary greenhouse gas assessment permit or an original consolidated work‑bid greenhouse gas assessment permit) | for the period of 6 years beginning on: (a) the day on which the permit is granted; or (b) if a later day is specified in the permit as the day on which the permit is to come into force—that later day. |
1A | an original cross‑boundary greenhouse gas assessment permit, where the grant of the permit resulted in: (a) the existing greenhouse gas assessment permit mentioned in section 307A ceasing to be in force before the time when it would have expired if the original cross‑boundary greenhouse gas assessment permit had not been granted; or (b) the existing State/Territory greenhouse gas assessment title mentioned in section 307A ceasing to be in force before the time when it would have expired if the original cross‑boundary greenhouse gas assessment permit had not been granted | for the period beginning on the day on which the permit is granted and ending at whichever is the later of the following times: (a) the time when the existing greenhouse gas assessment permit would have expired if it had not ceased to be in force; (b) the time when the existing State/Territory greenhouse gas assessment title would have expired if it had not ceased to be in force. |
1B | an original cross‑boundary greenhouse gas assessment permit, where item 1A does not apply | for the period (not exceeding 12 months) specified in the permit. |
1C | an original consolidated work‑bid greenhouse gas assessment permit, where: (a) both of the existing work‑bid greenhouse gas assessment permits mentioned in section 302A were original greenhouse gas assessment permits; or (b) both of the existing work‑bid greenhouse gas assessment permits mentioned in section 302A were granted by way of first renewal; or (c) both of the existing work‑bid greenhouse gas assessment permits mentioned in section 302A were granted by way of second renewal; and the grant of the original consolidated work‑bid greenhouse gas assessment permit resulted in either or both of the following: (d) one of the existing work‑bid greenhouse gas assessment permits (the first precursor permit) mentioned in section 302A ceasing to be in force before the time when it would have expired if the original consolidated work‑bid greenhouse gas assessment permit had not been granted; (e) the other existing work‑bid greenhouse gas assessment permit (the second precursor permit) mentioned in section 302A ceasing to be in force before the time when it would have expired if the original consolidated work‑bid greenhouse gas assessment permit had not been granted | for the period beginning on the day on which the permit is granted and ending at whichever is the later of the following times: (a) the time when the first precursor permit would have expired if it had not ceased to be in force; (b) the time when the second precursor permit would have expired if it had not ceased to be in force. |
1D | an original consolidated work‑bid greenhouse gas assessment permit, where: (a) one of the existing work‑bid greenhouse gas assessment permits (the first precursor permit) mentioned in section 302A was an original greenhouse gas assessment permit; and (b) the other existing work‑bid greenhouse gas assessment permit mentioned in section 302A was granted by way of first renewal or second renewal; and (c) the grant of the original consolidated work‑bid greenhouse gas assessment permit resulted in the first precursor permit ceasing to be in force before the time when it would have expired if the original consolidated work‑bid greenhouse gas assessment permit had not been granted | for the period: (a) beginning on the day on which the permit is granted; and (b) ending at the time when the first precursor permit would have expired if it had not ceased to be in force. |
1E | an original consolidated work‑bid greenhouse gas assessment permit, where: (a) one of the existing work‑bid greenhouse gas assessment permits (the first precursor permit) mentioned in section 302A was granted by way of first renewal; and (b) the other existing work‑bid greenhouse gas assessment permit mentioned in section 302A was granted by way of second renewal; and (c) the grant of the original consolidated work‑bid greenhouse gas assessment permit resulted in the first precursor permit ceasing to be in force before the time when it would have expired if the original consolidated work‑bid greenhouse gas assessment permit had not been granted | for the period: (a) beginning on the day on which the permit is granted; and (b) ending at the time when the first precursor permit would have expired if it had not ceased to be in force. |
1F | an original consolidated work‑bid greenhouse gas assessment permit, where item 1C, 1D or 1E does not apply | for the period (not exceeding 12 months) specified in the permit. |
2 | a greenhouse gas assessment permit granted by way of renewal | for the period of 3 years beginning on: (a) the day on which the permit is granted; or (b) if a later day is specified in the permit as the day on which the permit is to come into force—that later day. |
(2) Subsection (1) has effect subject to this Chapter.
Note 1: For a special rule about the extension of the duration of a greenhouse gas assessment permit if the permittee applies for a declaration of an identified greenhouse gas storage formation, see section 294.
Note 1AA: For a special rule about the extension of the duration of a greenhouse gas assessment permit pending a decision on an application for a consolidated work‑bid greenhouse gas assessment permit, see subsection 302A(4).
Note 1AB: For a special rule about the extension of the duration of a greenhouse gas assessment permit pending a decision on an application for a cross‑boundary greenhouse gas assessment permit, see subsection 307A(4).
Note 1A: For special rules about the extension of the duration of a greenhouse gas assessment permit pending a decision on a renewal application, see subsections 308(6) and 311A(9).
Note 2: For special rules about the extension of the duration of a greenhouse gas assessment permit if the permittee applies for a greenhouse gas holding lease or greenhouse gas injection licence, see sections 295 and 295A.
Note 2A: For a special rule about when a greenhouse gas assessment permit ceases to be in force following the grant of a consolidated work‑bid greenhouse gas assessment permit, see section 302C.
Note 2B: For a special rule about when a greenhouse gas assessment permit ceases to be in force following the grant of a cross‑boundary greenhouse gas assessment permit, see section 307D.
Note 3: For special rules about when a greenhouse gas assessment permit ceases to be in force following the grant of a greenhouse gas holding lease or greenhouse gas injection licence, see sections 328, 329E, 366 and 368F.
Note 4: For special rules about the extension of the duration of a greenhouse gas assessment permit following a suspension decision, see sections 437, 439 and 439B.
Note 4A: For special rules about the extension of the duration of a greenhouse gas assessment permit pending a suspension decision, see sections 437A and 439C.
Note 5: For the surrender of a greenhouse gas assessment permit, see Part 3.10.
Note 6: For the cancellation of a greenhouse gas assessment permit, see Part 3.11.
294 Extension of greenhouse gas assessment permit if permittee applies for a declaration of an identified greenhouse gas storage formation
(1) If:
(a) a greenhouse gas assessment permit is in force; and
(b) before the time when the permit would, apart from this subsection, expire, the permittee applies to the responsible Commonwealth Minister for a declaration of an identified greenhouse gas storage formation; and
(c) if the declaration were made in accordance with the application, the identified greenhouse gas storage formation would be wholly situated in the permit area;
the permit continues in force until whichever is the latest of the following times:
(d) if the responsible Commonwealth Minister makes a declaration of an identified greenhouse gas storage formation that is wholly situated in the permit area—the end of the period of 12 months after the day on which the declaration is made;
(e) if the responsible Commonwealth Minister refuses to make a declaration of an identified greenhouse gas storage formation that is wholly situated in the permit area—the time when notice of the refusal is given to the permittee;
(f) the time when the permit would, apart from this subsection, expire.
(2) Subsection (1) has effect subject to this Chapter, but despite section 293.
Note: See the notes at the end of section 293.
295 Extension of greenhouse gas assessment permit (other than a cross‑boundary greenhouse gas assessment permit) if permittee applies for a greenhouse gas holding lease or greenhouse gas injection licence
(1) If:
(a) a greenhouse gas assessment permit (other than a cross‑boundary greenhouse gas assessment permit) is in force over a block or blocks; and
(b) before the time when the permit would, apart from this subsection, expire, the permittee applies to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease or greenhouse gas injection licence over the block or one or more of the blocks;
the table has effect:
Extension of permit |
Item | In this case... | the permit continues in force over the block or blocks covered by the application until... |
1 | the responsible Commonwealth Minister gives the permittee an offer document relating to a greenhouse gas holding lease or greenhouse gas injection licence over the block or one or more of the blocks | the lease or licence is granted, the permittee withdraws the application or the application lapses. |
2 | the application is for a greenhouse gas holding lease and the responsible Commonwealth Minister refuses to grant the lease to the permittee | the end of the period of 12 months after the day on which the notice of the refusal was given to the permittee. |
3 | the application is for a greenhouse gas injection licence and the responsible Commonwealth Minister refuses to grant the licence to the permittee on a ground covered by paragraph 362(1)(c), (d), (e), (f), (g) or (i) | the end of the period of 90 days after the day on which the notice of the refusal was given to the permittee. |
4 | the application is for a greenhouse gas injection licence and the responsible Commonwealth Minister refuses to grant the licence to the permittee on a ground not mentioned in item 3 | notice of the refusal is given to the permittee. |
(2) Subsection (1) has effect subject to this Chapter but despite section 293.
Note: See the notes at the end of section 293.
295A Extension of cross‑boundary greenhouse gas assessment permit if permittee applies for a cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence
(1) If:
(a) a cross‑boundary greenhouse gas assessment permit is in force over a block or blocks; and
(b) before the time when the permit would, apart from this subsection, expire, the permittee applies to the Titles Administrator for the grant by the Cross‑boundary Authority of a cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence over the block or one or more of the blocks;
the table has effect:
Extension of permit |
Item | In this case ... | the permit continues in force over the block or blocks covered by the application until ... |
1 | the Cross‑boundary Authority gives the permittee an offer document relating to a cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence over the block or one or more of the blocks | the lease or licence is granted, the permittee withdraws the application or the application lapses. |
2 | the application is for a cross‑boundary greenhouse gas holding lease and the Cross‑boundary Authority refuses to grant the lease to the permittee | the end of the period of 12 months after the day on which the notice of the refusal was given to the permittee. |
3 | the application is for a cross‑boundary greenhouse gas injection licence and the Cross‑boundary Authority refuses to grant the licence to the permittee on a ground covered by paragraph 368B(1)(c), (d), (e), (f), (g), (h), (i) or (ja) | the end of the period of 90 days after the day on which the notice of the refusal was given to the permittee. |
4 | the application is for a cross‑boundary greenhouse gas injection licence and the Cross‑boundary Authority refuses to grant the licence to the permittee on a ground not mentioned in item 3 | notice of the refusal is given to the permittee. |
(2) Subsection (1) has effect subject to this Chapter but despite section 293.
Note: See the notes at the end of section 293.
295B Permit area of a cross‑boundary greenhouse gas assessment permit is taken to be included in the offshore area
Offshore area of a State
(1) If any part of the permit area of a cross‑boundary greenhouse gas assessment permit is included in the offshore area of a State, the whole of the permit area is taken, for all purposes of:
(a) this Chapter and regulations made for the purposes of this Chapter; and
(b) the remaining provisions of this Act and the regulations, so far as they relate to:
(i) this Chapter; or
(ii) exploring for a potential greenhouse gas storage formation; or
(iii) exploring for a potential greenhouse gas injection site; or
(iv) the injection of a greenhouse gas substance; or
(v) the storage of a greenhouse gas substance;
to be included in the offshore area of the State.
Principal Northern Territory offshore area
(2) If any part of the permit area of a cross‑boundary greenhouse gas assessment permit is included in the Principal Northern Territory offshore area, the whole of the permit area is taken, for all purposes of:
(a) this Chapter and regulations made for the purposes of this Chapter; and
(b) the remaining provisions of this Act and the regulations, so far as they relate to:
(i) this Chapter; or
(ii) exploring for a potential greenhouse gas storage formation; or
(iii) exploring for a potential greenhouse gas injection site; or
(iv) the injection of a greenhouse gas substance; or
(v) the storage of a greenhouse gas substance;
to be included in the Principal Northern Territory offshore area.
Division 2—Obtaining a work‑bid greenhouse gas assessment permit
Subdivision A—General provisions
296 Application for work‑bid greenhouse gas assessment permit—advertising of blocks
Invitation to apply for a greenhouse gas assessment permit
(1) The responsible Commonwealth Minister may, by notice published in the Gazette:
(a) invite applications for the grant of a greenhouse gas assessment permit over the block, or any or all of the blocks, specified in the notice; and
(b) specify a period within which applications may be made.
(2) If the responsible Commonwealth Minister has published a notice under subsection 303(1) inviting applications for the grant of a greenhouse gas assessment permit over a block, the block must not be specified in a notice under subsection (1) of this section at any time during the period specified in the subsection 303(1) notice.
Note: Subsection 303(1) deals with cash‑bid greenhouse gas assessment permits.
Application for greenhouse gas assessment permit
(3) An application under this section must:
(a) be in the approved form; and
(b) be accompanied by any information or documents required by the form.
(3A) If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the period specified in the notice published under subsection (1).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
Attributes of blocks
(4) The blocks specified in an application under this section must be blocks that are constituted by graticular sections that:
(a) constitute a single area; and
(b) are such that each graticular section in that area has a side in common with at least one other graticular section in that area.
(5) Subsection (4) does not apply to applications if the responsible Commonwealth Minister, for reasons that the responsible Commonwealth Minister thinks sufficient, includes in the subsection (1) notice a direction that subsection (4) does not apply to those applications.
297 Petroleum retention lessee or petroleum production licensee to be notified of proposal to advertise blocks
Scope
(1) This section applies if:
(a) the responsible Commonwealth Minister proposes to publish a notice under subsection 296(1) specifying a block that is the subject of a petroleum retention lease or petroleum production licence; and
(b) at the time of the proposal, the lessee or licensee is entitled to make an application for the grant of a greenhouse gas holding lease, or a greenhouse gas injection licence, over the block.
Notification
(2) The responsible Commonwealth Minister must, at least 60 days before the proposed publication of the subsection 296(1) notice, notify the lessee or licensee of the proposed publication.
Deferral of publication of notice
(3) If, during the period:
(a) beginning when the lessee or licensee is given the notification under subsection (2); and
(b) ending at the end of the day before the day of proposed publication of the subsection 296(1) notice;
the lessee or licensee makes such an application, the responsible Commonwealth Minister must not publish the subsection 296(1) notice until:
(c) the application lapses; or
(d) the lessee or licensee withdraws the application; or
(e) the responsible Commonwealth Minister refuses to grant the greenhouse gas holding lease or greenhouse gas injection licence.
298 Grant of work‑bid greenhouse gas assessment permit—offer document
Scope
(1) This section applies if an application for the grant of a greenhouse gas assessment permit has been made under section 296.
Offer document
(2) The responsible Commonwealth Minister may:
(a) give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas assessment permit over the block or blocks specified in the offer document; or
(b) by written notice given to the applicant, refuse to grant a greenhouse gas assessment permit to the applicant.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429 to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document—see subsection 429(3).
(2A) In deciding whether to give the applicant an offer document, the responsible Commonwealth Minister:
(a) must have regard to the matters specified in subsection (2B); and
(b) may have regard to any other matters the responsible Commonwealth Minister considers relevant.
(2B) The matters are as follows:
(a) whether the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the permit; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;
(b) the matters specified in section 695YB as they apply to the applicant;
(c) if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
(d) any other matters prescribed by the regulations.
Decision must be made within 12 months
(3) The responsible Commonwealth Minister must make a decision under subsection (2) within 12 months after the end of the period specified in the relevant notice under subsection 296(1).
299 Ranking of multiple applicants for work‑bid greenhouse gas assessment permit
Scope
(1) This section applies if:
(a) the responsible Commonwealth Minister publishes a notice under subsection 296(1) inviting applications for the grant of a greenhouse gas assessment permit; and
(b) at the end of the period specified in the notice, 2 or more applications have been made under section 296 for the grant of a greenhouse gas assessment permit over the same block or blocks.
Most deserving applicant may be given offer document
(2) The responsible Commonwealth Minister may give an offer document under section 298 to whichever applicant, in the responsible Commonwealth Minister’s opinion, is most deserving of the grant of the greenhouse gas assessment permit.
(3) In determining which of the applicants is most deserving of the grant of the greenhouse gas assessment permit, the responsible Commonwealth Minister must have regard to criteria made publicly available by the responsible Commonwealth Minister.
(4) Criteria under subsection (3) must consist of, or include, criteria relating to proposals for work and expenditure in relation to the block or blocks concerned.
(5) Criteria under subsection (3) may include criteria relating to any or all of the following matters:
(a) economic matters;
(b) commercial matters;
(c) public interest matters.
(6) Subsection (5) does not limit subsection (3).
Ranking of applicants
(7) For the purposes of this section, the responsible Commonwealth Minister may rank the applicants in the order in which, in the responsible Commonwealth Minister’s opinion, they are deserving of the grant of the greenhouse gas assessment permit, with the most deserving applicant being ranked highest.
(8) The responsible Commonwealth Minister may exclude from the ranking any applicant who, in the responsible Commonwealth Minister’s opinion, is not deserving of the grant of the greenhouse gas assessment permit.
Applicants who are equally deserving of the grant of the greenhouse gas assessment permit
(9) If the responsible Commonwealth Minister:
(a) has considered the information accompanying the applications; and
(b) is of the opinion that 2 or more of the applicants are equally deserving of the grant of the greenhouse gas assessment permit;
the responsible Commonwealth Minister may, by written notice given to each of those applicants, invite them to give the responsible Commonwealth Minister:
(c) details (the work/expenditure details) of their proposals for additional work and expenditure in relation to the block or blocks concerned; and
(d) any other information that is relevant in determining which of the applicants is most deserving of the grant of the greenhouse gas assessment permit.
(10) A notice under subsection (9) must:
(a) specify the kinds of work/expenditure details that the responsible Commonwealth Minister considers to be relevant in determining which of the applicants is most deserving of the grant of the greenhouse gas assessment permit; and
(b) specify the kinds of other information that the responsible Commonwealth Minister considers to be relevant in determining which of the applicants is most deserving of the grant of the greenhouse gas assessment permit; and
(c) specify the period within which the work/expenditure details and the other information must be given to the responsible Commonwealth Minister.
(11) If an applicant gives work/expenditure details or other information to the responsible Commonwealth Minister, and those details are or that information is:
(a) of a kind specified in the notice; and
(b) given within the period specified in the notice;
the responsible Commonwealth Minister must have regard to the details or information in determining which of the applicants is most deserving of the grant of the greenhouse gas assessment permit.
Criteria
(12) An instrument setting out criteria under subsection (3) is not a legislative instrument.
Note: See also section 302, which deals with the effect of the withdrawal or lapse of an application.
300 Grant of work‑bid greenhouse gas assessment permit
If:
(a) an applicant has been given an offer document under section 298; and
(b) the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
(c) if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must grant the applicant a greenhouse gas assessment permit over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
301 Withdrawal of application
Scope
(1) This section applies if the responsible Commonwealth Minister publishes a notice under subsection 296(1) inviting applications for the grant of a greenhouse gas assessment permit.
Withdrawal by single applicant
(2) If a person has made an application, the person may, by written notice given to the responsible Commonwealth Minister, withdraw the application at any time before a greenhouse gas assessment permit is granted as a result of the application.
Withdrawal by all joint applicants
(3) If 2 or more persons have made a joint application, all of those persons may, by written notice given to the responsible Commonwealth Minister, withdraw the application at any time before a greenhouse gas assessment permit is granted as a result of the application.
Withdrawal by one or more, but not all, joint applicants
(4) If:
(a) a joint application was made under section 296 for the grant of a greenhouse gas assessment permit; and
(b) all of the joint applicants, by written notice given to the responsible Commonwealth Minister, tell the responsible Commonwealth Minister that one or more, but not all, of them, as specified in the notice, withdraw from the application;
then:
(c) the application continues in force as if it had been made by the remaining applicant or applicants; and
(d) if the responsible Commonwealth Minister had given the joint applicants an offer document in relation to the application—the responsible Commonwealth Minister is taken not to have given the offer document to the joint applicants.
302 Effect of withdrawal or lapse of application
Scope
(1) This section applies if:
(a) 2 or more applications have been made under section 296 for the grant of a greenhouse gas assessment permit over the same block or blocks; and
(b) one or more, but not all, of the applications are withdrawn or have lapsed.
Application is taken not to have been made
(2) A withdrawn or lapsed application is taken not to have been made.
Offer document is taken not to have been given
(3) If the responsible Commonwealth Minister gave an offer document in relation to a withdrawn or lapsed application, the responsible Commonwealth Minister is taken not to have given an offer document in relation to the withdrawn or lapsed application.
Request to grant greenhouse gas assessment permit
(4) If the applicant, or one of the applicants, whose application had been withdrawn had requested the responsible Commonwealth Minister under section 431 to grant a greenhouse gas assessment permit to the applicant concerned, the request is taken not to have been made.
Discharge of security
(5) If:
(a) the offer document in relation to a withdrawn application specified the form and amount of a security to be lodged by the applicant; and
(b) the applicant had lodged the security;
the security is discharged.
Refusal to grant greenhouse gas assessment permit
(6) If the following conditions are satisfied in relation to a remaining applicant:
(a) the responsible Commonwealth Minister had refused to grant a greenhouse gas assessment permit to the remaining applicant;
(b) the responsible Commonwealth Minister did not exclude the remaining applicant from the ranking under subsection 299(8);
the refusal is taken not to have occurred.
Subdivision B—Consolidated work‑bid greenhouse gas assessment permits
302A Application for a consolidated work‑bid greenhouse gas assessment permit
Scope
(1) This section applies if:
(a) 2 work‑bid greenhouse gas assessment permits (the existing work‑bid greenhouse gas assessment permits) are in force; and
(b) a person is the registered holder of the existing work‑bid greenhouse gas assessment permits; and
(c) the permit areas of the existing work‑bid greenhouse gas assessment permits are in the same offshore area; and
(d) at least one block of the permit area of one of the existing work‑bid greenhouse gas assessment permits has a side in common with at least one block of the permit area of the other existing greenhouse gas assessment permit; and
(e) neither of the existing work‑bid greenhouse gas assessment permits is a cross‑boundary greenhouse gas assessment permit; and
(f) the person has informed the responsible Commonwealth Minister, under section 451B, that:
(i) a part of a geological formation is wholly situated in the area (the combined area) that consists of the combination of the permit areas of the existing work‑bid greenhouse gas assessment permits; and
(ii) the part extends to the permit area of each existing work‑bid greenhouse gas assessment permit; and
(iii) the person has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation; and
(g) there is no identified greenhouse gas storage formation that is wholly situated within the permit area of either of the existing work‑bid greenhouse gas assessment permits.
Application
(2) The person may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas assessment permit over all the blocks in the permit areas of the existing work‑bid greenhouse gas assessment permits.
(3) An application under subsection (2) must:
(a) be in the approved form; and
(b) be accompanied by any information or documents required by the form.
(3A) If the approved form requires the application to be accompanied by information or documents, an application under subsection (2) is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before at least one of the existing work‑bid greenhouse gas assessment permits expires.
(3B) For the purposes of subsection (3A), disregard the effect of subsection (4).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Extension of duration of existing work‑bid greenhouse gas assessment permit pending decision on application
(4) If:
(a) the person makes an application under subsection (2) for a greenhouse gas assessment permit; and
(b) one or both of the existing work‑bid greenhouse gas assessment permits would, apart from this subsection, expire before the responsible Commonwealth Minister grants, or refuses to grant, a greenhouse gas assessment permit in response to the application;
that existing work‑bid greenhouse gas assessment permit, or those existing work‑bid greenhouse gas assessment permits, continue in force until the responsible Commonwealth Minister grants, or refuses to grant, a greenhouse gas assessment permit in response to the application.
(5) Subsection (4) has effect subject to this Chapter but despite section 293.
Note: See the notes at the end of section 293.
302B Grant of consolidated work‑bid greenhouse gas assessment permit
(1) If an application for a greenhouse gas assessment permit has been made under section 302A, the responsible Commonwealth Minister may:
(a) grant the greenhouse gas assessment permit; or
(b) by written notice given to the applicant, refuse to grant a greenhouse gas assessment permit to the applicant.
(2) In deciding whether to grant the greenhouse gas assessment permit to the applicant, the responsible Commonwealth Minister:
(a) must have regard to the matters specified in subsection (3); and
(b) may have regard to any other matters the responsible Commonwealth Minister considers relevant.
(3) The matters are as follows:
(a) whether the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the permit; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;
(b) any other matters prescribed by the regulations.
302C Consequences of grant of consolidated work‑bid greenhouse gas assessment permit
Scope
(1) This section applies if a greenhouse gas assessment permit (the new greenhouse gas assessment permit) is granted under section 302B over all the blocks in the permit areas of the existing work‑bid greenhouse gas assessment permits mentioned in section 302A.
Termination of existing work‑bid greenhouse gas assessment permits
(2) The existing work‑bid greenhouse gas assessment permits cease to be in force when the new greenhouse gas assessment permit comes into force.
Division 3—Obtaining a cash‑bid greenhouse gas assessment permit
303 Application for cash‑bid greenhouse gas assessment permit
Invitation to apply for a greenhouse gas assessment permit
(1) The responsible Commonwealth Minister may, by notice published in the Gazette:
(a) invite applications by way of cash bidding for the grant of a greenhouse gas assessment permit over the block or blocks specified in the notice; and
(b) specify a period within which applications may be made.
(2) If the responsible Commonwealth Minister has published a notice under subsection 296(1) inviting applications for the grant of a greenhouse gas assessment permit over a block, the block must not be specified in a notice under subsection (1) of this section at any time during the period specified in the subsection 296(1) notice.
Note: Subsection 296(1) deals with work‑bid greenhouse gas assessment permits.
(3) A notice under subsection (1) must:
(a) contain a summary of the conditions to which the permit will be subject; and
(b) specify the matters that the responsible Commonwealth Minister will take into account in deciding whether to reject an application.
(4) If a notice under subsection (1) specifies more than one block, those blocks must be constituted by graticular sections that:
(a) constitute a single area; and
(b) are such that each graticular section in that area has a side in common with at least one other graticular section in that area.
Application for greenhouse gas assessment permit
(5) If a notice under subsection (1) specifies more than one block, an application under this section must be for a greenhouse gas assessment permit over all of the specified blocks.
(6) An application under this section must:
(a) be in the approved form; and
(aa) be accompanied by any information or documents required by the form; and
(b) specify the amount that the applicant would be prepared to pay for the grant of the permit.
(7) If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the period specified in the notice published under subsection (1).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
304 Petroleum retention lessee or petroleum production licensee to be notified of proposal to advertise blocks
Scope
(1) This section applies if:
(a) the responsible Commonwealth Minister proposes to publish a notice under subsection 303(1) specifying a block that is the subject of a petroleum retention lease or petroleum production licence; and
(b) at the time of the proposal, the lessee or licensee is entitled to make an application for the grant of a greenhouse gas holding lease, or a greenhouse gas injection licence, over the block.
Notification
(2) The responsible Commonwealth Minister must, at least 60 days before the proposed publication of the subsection 303(1) notice, notify the lessee or licensee of the proposed publication.
Deferral of publication of notice
(3) If, during the period:
(a) beginning when the lessee or licensee is given the notification under subsection (2); and
(b) ending at the end of the day before the day of proposed publication of the subsection 303(1) notice;
the lessee or licensee makes such an application, the responsible Commonwealth Minister must not publish the subsection 303(1) notice until:
(c) the application lapses; or
(d) the lessee or licensee withdraws the application; or
(e) the responsible Commonwealth Minister refuses to grant the greenhouse gas holding lease or greenhouse gas injection licence.
305 Grant of cash‑bid greenhouse gas assessment permit—only one application
Scope
(1) This section applies if:
(a) the responsible Commonwealth Minister publishes a notice under subsection 303(1) inviting applications for the grant of a greenhouse gas assessment permit over a block or blocks; and
(b) at the end of the period specified in the notice, only one application has been made under section 303 in relation to the block or blocks.
Offer document
(2) The responsible Commonwealth Minister may:
(a) give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas assessment permit over that block or those blocks; or
(b) by written notice given to the applicant, reject the application.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429 to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document—see subsection 429(3).
(3) In deciding whether to give the applicant an offer document, the responsible Commonwealth Minister:
(a) must have regard to:
(i) the matters specified in the notice under paragraph 303(3)(b); and
(ii) the matters specified in subsection (4); and
(b) may have regard to any other matters the responsible Commonwealth Minister considers relevant.
(4) The matters are as follows:
(a) whether the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the permit; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;
(b) the matters specified in section 695YB as they apply to the applicant;
(c) if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
(d) any other matters prescribed by the regulations.
306 Grant of cash‑bid greenhouse gas assessment permit—2 or more applications
Scope
(1) This section applies if:
(a) the responsible Commonwealth Minister publishes a notice under subsection 303(1) inviting applications for the grant of a greenhouse gas assessment permit over a block or blocks; and
(b) at the end of the period specified in the notice, 2 or more applications have been made under section 303 in relation to the block or blocks.
Rejection of applications
(2) The responsible Commonwealth Minister may reject any or all of the applications.
Unrejected applications
(3) If the responsible Commonwealth Minister does not reject all of the applications, the table has effect:
Unrejected applications |
Item | If... | the responsible Commonwealth Minister may give a written notice (called an offer document) to... |
1 | only one application remains unrejected | the applicant. |
2 | (a) 2 or more applications remain unrejected; and (b) the amounts specified in the applications under paragraph 303(6)(b) are equal | one of those applicants. |
3 | (a) 2 or more applications remain unrejected; and (b) the amounts specified in the applications under paragraph 303(6)(b) are not equal; and (c) the amount specified in one of the applications is higher than the amount or amounts specified in the remaining application or applications | whichever of those applicants specified the highest amount. |
4 | (a) 3 or more applications remain unrejected; and (b) 2 or more of the amounts specified in the applications under paragraph 303(6)(b) are: (i) equal; and (ii) higher than the amount or amounts specified in the remaining application or applications | one of the applicants who specified the equal highest amount. |
(3A) In deciding whether to give an offer document to the person referred to in column 3 of the table in subsection (3), the responsible Commonwealth Minister:
(a) must have regard to:
(i) the matters specified in the notice under paragraph 303(3)(b); and
(ii) the matters specified in subsection (3B); and
(b) may have regard to any other matters the responsible Commonwealth Minister considers relevant.
(3B) The matters are as follows:
(a) whether the technical advice and financial resources available to the person are sufficient to:
(i) carry out the operations and works that will be authorised by the permit; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;
(b) the matters specified in section 695YB as they apply to the person;
(c) if the person is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate;
(d) any other matters prescribed by the regulations.
(4) An offer document given to an applicant must tell the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas assessment permit over the block or blocks.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If an applicant breaches a requirement under section 429 to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document—see subsection 429(3).
(5) If:
(a) an applicant is given an offer document under this section; and
(b) the application lapses as provided by section 431, 432 or 433; and
(c) there are one or more remaining unrejected applications;
subsections (3) and (4) of this section apply in relation to the remaining unrejected applications.
Unsuccessful applications
(6) If the responsible Commonwealth Minister does not give an offer document to an applicant, the responsible Commonwealth Minister must, by written notice given to the applicant, inform the applicant that the application was unsuccessful.
307 Grant of cash‑bid greenhouse gas assessment permit
(1) If:
(a) an applicant has been given an offer document under section 305 or 306; and
(b) the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
(c) the applicant has paid the specified amount within the period applicable under section 432; and
(d) if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must grant the applicant a greenhouse gas assessment permit over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not paid the specified amount within the period applicable under section 432, the application lapses at the end of that period—see section 432.
Note 3: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
(2) For the purposes of this section, the specified amount is the amount specified in the offer document as the amount that the applicant must pay for the grant of the greenhouse gas assessment permit.
Division 3A—Obtaining a cross‑boundary greenhouse gas assessment permit
307A Application for a cross‑boundary greenhouse gas assessment permit
Scope
(1) This section applies if:
(a) a greenhouse gas assessment permit (the existing greenhouse gas assessment permit) is in force; and
(b) the permittee is the holder of a State/Territory greenhouse gas assessment title (the existing State/Territory greenhouse gas assessment title); and
(c) at least one block of the permit area of the existing greenhouse gas assessment permit has a side in common with at least one State/Territory block of the relevant area of the State/Territory greenhouse gas assessment title; and
(d) the permittee has informed the responsible Commonwealth Minister, under section 451A, that:
(i) a part of a geological formation is wholly situated in the area (the combined area) that consists of the combination of the permit area of the existing greenhouse gas assessment permit and the relevant area of the existing State/Territory greenhouse gas assessment title; and
(ii) the part extends to the permit area of the existing greenhouse gas assessment permit and the relevant area of the existing State/Territory greenhouse gas assessment title; and
(iii) the permittee has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation; and
(e) there is no identified greenhouse gas storage formation that is wholly situated within the permit area of the existing greenhouse gas assessment permit; and
(f) there is no State/Territory identified greenhouse gas storage formation that is wholly situated within the relevant area of the existing State/Territory greenhouse gas assessment title; and
(g) if the existing greenhouse gas assessment permit is an original greenhouse gas assessment permit—the existing State/Territory greenhouse gas assessment title is an original State/Territory greenhouse gas assessment title; and
(h) if the existing greenhouse gas assessment permit was granted by way of first renewal—the existing State/Territory greenhouse gas assessment title was granted by way of first renewal; and
(i) if the existing greenhouse gas assessment permit was granted by way of second renewal—the existing State/Territory greenhouse gas assessment title was granted by way of second renewal; and
(j) either:
(i) in a case where the relevant area of the existing State/Territory greenhouse gas assessment title is in the coastal waters of a State—the State has a compatible cross‑boundary law; or
(ii) in a case where the relevant area of the existing State/Territory greenhouse gas assessment title is in the coastal waters of the Northern Territory—the Northern Territory has a compatible cross‑boundary law.
Application
(2) The permittee of the existing greenhouse gas assessment permit may apply to the Titles Administrator for the grant by the Cross‑boundary Authority of a greenhouse gas assessment permit over:
(a) all the blocks in the permit area of the existing greenhouse gas assessment permit; and
(b) all the State/Territory blocks in the relevant area of the existing State/Territory greenhouse gas assessment title.
(3) An application under subsection (2) for a greenhouse gas assessment permit must:
(a) be in the approved form; and
(b) be accompanied by any information or documents required by the form.
(3A) If the approved form requires the application to be accompanied by information or documents, an application under subsection (2) is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the earlier of the following:
(a) the expiry date of the existing greenhouse gas assessment permit;
(b) the expiry date of the existing State/Territory greenhouse gas assessment title.
(3B) For the purposes of subsection (3A), disregard the effect of subsection (4).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429A enables the Titles Administrator to require the applicant to give further information.
Extension of duration of existing greenhouse gas assessment permit pending decision on application
(4) If:
(a) the permittee of the existing greenhouse gas assessment permit makes an application under subsection (2) for a greenhouse gas assessment permit; and
(b) the existing greenhouse gas assessment permit would, apart from this subsection, expire:
(i) before the Cross‑boundary Authority grants, or refuses to grant, a greenhouse gas assessment permit in response to the application; or
(ii) before the application lapses as provided by section 431A;
the existing greenhouse gas assessment permit continues in force:
(c) until the Cross‑boundary Authority grants, or refuses to grant, a greenhouse gas assessment permit in response to the application; or
(d) until the application so lapses;
whichever happens first.
(5) Subsection (4) has effect subject to this Chapter but despite section 293.
Note: See the notes at the end of section 293.
(6) For the purposes of the application to this Division of the definition of Cross‑boundary Authority in section 7, the offshore area concerned is the offshore area in which the existing greenhouse gas assessment permit is situated.
(7) Subsection (6) is enacted for the avoidance of doubt.
307B Grant of cross‑boundary greenhouse gas assessment permit—offer document
Scope
(1) This section applies if an application for a greenhouse gas assessment permit has been made under section 307A.
Offer document
(2) The Cross‑boundary Authority may:
(a) give the applicant a written notice (called an offer document) telling the applicant that the Cross‑boundary Authority is prepared to grant the greenhouse gas assessment permit; or
(b) by written notice given to the applicant, refuse to grant a greenhouse gas assessment permit to the applicant.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
(3) In deciding whether to give the applicant an offer document, the Cross‑boundary Authority:
(a) must have regard to the matters specified in subsection (4); and
(b) may have regard to any other matters the Cross‑boundary Authority considers relevant.
(4) The matters are as follows:
(a) whether the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the permit; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit;
(b) any other matters prescribed by the regulations.
307C Grant of cross‑boundary greenhouse gas assessment permit
If:
(a) an applicant for a greenhouse gas assessment permit has been given an offer document under section 307B; and
(b) the applicant has made a request under section 431A in relation to the offer document within the period applicable under that section; and
(c) if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the Cross‑boundary Authority must grant the greenhouse gas assessment permit.
Note 1: If the applicant does not make a request under section 431A within the period applicable under that section, the application lapses at the end of that period—see subsection 431A(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
307D Consequences of grant of cross‑boundary greenhouse gas assessment permit
Scope
(1) This section applies if a greenhouse gas assessment permit (the new greenhouse gas assessment permit) is granted under section 307C over:
(a) all the blocks in the permit area of the existing greenhouse gas assessment permit mentioned in section 307A; and
(b) all the State/Territory blocks in the relevant area of the existing State/Territory greenhouse gas assessment title mentioned in section 307A.
Termination of existing greenhouse gas assessment permit
(2) The existing greenhouse gas assessment permit ceases to be in force when the new greenhouse gas assessment permit comes into force.
Termination of State/Territory greenhouse gas assessment title
(3) The State/Territory greenhouse gas assessment title ceases to be in force when the new greenhouse gas assessment permit comes into force.
Division 4—Renewal of greenhouse gas assessment permits
Subdivision A—Renewal of greenhouse gas assessment permits (other than cross‑boundary greenhouse gas assessment permits)
308 Application for renewal of greenhouse gas assessment permit (other than a cross‑boundary greenhouse gas assessment permit)
Scope—exclusion
(1AA) This section does not apply to a cross‑boundary greenhouse gas assessment permit.
Application for renewal
(1) The registered holder of a greenhouse gas assessment permit may apply to the responsible Commonwealth Minister for the renewal by the responsible Commonwealth Minister of the permit.
(1A) Despite subsection (1), an application to renew a consolidated work‑bid greenhouse gas assessment permit must not be made if each of the existing work‑bid greenhouse gas assessment permits mentioned in section 302A was granted by way of second renewal.
(2) A greenhouse gas assessment permit cannot be renewed more than twice.
(2A) However, a consolidated work‑bid greenhouse gas assessment permit cannot be renewed more than once if:
(a) each of the existing work‑bid greenhouse gas assessment permits mentioned in section 302A was granted by way of first renewal; or
(b) both:
(i) one of the existing work‑bid greenhouse gas assessment permits mentioned in section 302A was granted by way of first renewal; and
(ii) the other existing work‑bid greenhouse gas assessment permit mentioned in section 302A was granted by way of second renewal.
(3) An application to renew a greenhouse gas assessment permit must be made:
(a) not more than 12 months before the expiry date of the permit; and
(b) at least 180 days before the expiry date of the permit.
(4) Despite subsection (3), the responsible Commonwealth Minister may accept an application to renew a greenhouse gas assessment permit if the application is made:
(a) later than 180 days before the expiry date of the permit; and
(b) before the expiry date of the permit.
(5) An application to renew a greenhouse gas assessment permit must:
(a) be in the approved form; and
(b) be accompanied by any information or documents required by the form.
(5A) If the approved form requires the application to be accompanied by information or documents, an application to renew a greenhouse gas assessment permit is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the expiry date of the permit.
(5B) For the purposes of subsection (5A), disregard the effect of subsection (6).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
Extension of duration of greenhouse gas assessment permit pending decision on application
(6) If:
(a) a greenhouse gas assessment permittee makes an application to renew the permit; and
(b) the permit would, apart from this subsection, expire:
(i) before the responsible Commonwealth Minister grants, or refuses to grant, the renewal of the permit; or
(ii) before the application lapses as provided by section 431;
the permit continues in force:
(c) until the responsible Commonwealth Minister grants, or refuses to grant, the renewal of the permit; or
(d) until the application so lapses;
whichever happens first.
(7) Subsection (6) has effect subject to this Chapter but despite section 293.
Note: See the notes at the end of section 293.
309 Renewal of greenhouse gas assessment permit—offer document
Scope
(1) This section applies if an application to renew a greenhouse gas assessment permit has been made under section 308.
Offer document—compliance with conditions etc.
(2) If:
(a) each of the following has been complied with:
(i) the conditions to which the greenhouse gas assessment permit is, or has from time to time been, subject;
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
(iii) the provisions of the regulations; and
(b) during the period when the permit was in force, at least one notice was given under section 451 about a part of a geological formation wholly situated in the permit area; and
(c) the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the permit; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit; and
(d) the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister must give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to renew the permit.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Offer document—non‑compliance with conditions etc.
(3) If:
(a) any of:
(i) the conditions to which the greenhouse gas assessment permit is, or has from time to time been, subject; or
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
(iii) the provisions of the regulations;
have not been complied with; and
(b) in a case where:
(i) the permit is a work‑bid greenhouse gas assessment permit; and
(ii) the permit is subject to one or more conditions of the kind mentioned in subsection 291(5); and
(iii) one or more of those conditions have not been complied with;
the responsible Commonwealth Minister is satisfied that the non‑compliance is attributable to unavoidable delays caused by the unavailability of essential services or essential equipment, or both; and
(c) the responsible Commonwealth Minister is satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas assessment permit;
the responsible Commonwealth Minister may give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to renew the permit.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
(3A) Without limiting paragraph (3)(c), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the permit, the responsible Commonwealth Minister must have regard to:
(a) whether the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the permit; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit; and
(b) any other matters prescribed by the regulations.
Offer document—no section 451 notice
(4) If:
(a) each of the following has been complied with:
(i) the conditions to which the greenhouse gas assessment permit is, or has from time to time been, subject;
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
(iii) the provisions of the regulations; and
(b) during the period when the greenhouse gas assessment permit was in force, no notice under section 451 was given about a part of a geological formation wholly situated in the permit area; and
(c) the responsible Commonwealth Minister is satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas assessment permit;
the responsible Commonwealth Minister may give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to renew the permit.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
(4A) Without limiting paragraph (4)(c), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the permit, the responsible Commonwealth Minister must have regard to:
(a) whether the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the permit; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit; and
(b) any other matters prescribed by the regulations.
Work program condition
(5) For the purposes of this section, if:
(a) the greenhouse gas assessment permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area during a particular period; and
(b) the application for renewal of the permit was made during that period;
then, in determining whether the condition has been complied with, assume that the period had ended immediately before the application for renewal was made.
310 Refusal to renew greenhouse gas assessment permit
Scope
(1) This section applies if an application to renew a greenhouse gas assessment permit has been made under section 308.
Refusal to renew
(2) If:
(a) any of:
(i) the conditions to which the greenhouse gas assessment permit is, or has from time to time been, subject; or
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
(iii) the provisions of the regulations;
have not been complied with; and
(b) in a case where:
(i) the permit is a work‑bid greenhouse gas assessment permit; and
(ii) the permit is subject to one or more conditions of the kind mentioned in subsection 291(5); and
(iii) one or more of those conditions have not been complied with;
the responsible Commonwealth Minister is not satisfied that the non‑compliance is attributable to unavoidable delays caused by the unavailability of essential services or essential equipment or both; and
(c) the responsible Commonwealth Minister is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas assessment permit;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the permit.
Note: Consultation procedures apply—see section 434.
(3) If:
(a) each of the following has been complied with:
(i) the conditions to which the greenhouse gas assessment permit is, or has from time to time been, subject;
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
(iii) the provisions of the regulations; and
(b) during the period when the permit was in force, no notice was given under section 451 about a part of a geological formation wholly situated in the permit area; and
(c) the responsible Commonwealth Minister is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas assessment permit;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the permit.
Note: Consultation procedures apply—see section 434.
(3A) The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the permit if the responsible Commonwealth Minister is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(a) carry out the operations and works that will be authorised by the permit; and
(b) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit.
Note: Consultation procedures apply—see section 434.
(3B) The responsible Commonwealth Minister may, by written notice given to the applicant, refuse to renew the permit if the responsible Commonwealth Minister is not satisfied of the matters (if any) prescribed by the regulations.
Note: Consultation procedures apply—see section 434.
Work program condition
(4) For the purposes of this section, if;
(a) the greenhouse gas assessment permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area during a particular period; and
(b) the application for renewal of the permit was made during that period;
then, in determining whether the condition has been complied with, assume that the period had ended immediately before the application for renewal was made.
311 Renewal of greenhouse gas assessment permit
If:
(a) an applicant has been given an offer document under section 309; and
(b) the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
(c) if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must renew the greenhouse gas assessment permit.
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
Subdivision B—Renewal of cross‑boundary greenhouse gas assessment permits
311A Application for renewal of cross‑boundary greenhouse gas assessment permit
Application for renewal
(1) The registered holder of a cross‑boundary greenhouse gas assessment permit may apply to the Titles Administrator for the renewal by the Cross‑boundary Authority of the permit.
(2) Despite subsection (1), an application to renew a cross‑boundary greenhouse gas assessment permit must not be made unless:
(a) in a case where part of the permit area is in the coastal waters of a State—the State has a compatible cross‑boundary law; or
(b) in a case where part of the permit area is in the coastal waters of the Northern Territory—the Northern Territory has a compatible cross‑boundary law.
(3) Despite subsection (1), an application to renew a cross‑boundary greenhouse gas assessment permit must not be made if the existing greenhouse gas assessment permit referred to in section 307A was granted by way of second renewal.
(4) A cross‑boundary greenhouse gas assessment permit cannot be renewed more than twice.
(5) However, a cross‑boundary greenhouse gas assessment permit cannot be renewed more than once if the existing greenhouse gas assessment permit referred to in section 307A was granted by way of first renewal.
(6) An application to renew a cross‑boundary greenhouse gas assessment permit must be made:
(a) not more than 12 months before the expiry date of the permit; and
(b) at least 180 days before the expiry date of the permit.
(7) Despite subsection (6), the Titles Administrator may accept an application to renew a cross‑boundary greenhouse gas assessment permit if the application is made:
(a) later than 180 days before the expiry date of the permit; and
(b) before the expiry date of the permit.
(8) An application to renew a cross‑boundary greenhouse gas assessment permit must:
(a) be in the approved form; and
(b) be accompanied by any information or documents required by the form.
(8A) If the approved form requires the application to be accompanied by information or documents, an application to renew a cross‑boundary greenhouse gas assessment permit is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the expiry date of the permit.
(8B) For the purposes of subsection (8A), disregard the effect of subsection (9).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429A enables the Titles Administrator to require the applicant to give further information.
Extension of duration of cross‑boundary greenhouse gas assessment permit pending decision on application
(9) If:
(a) a cross‑boundary greenhouse gas assessment permittee makes an application to renew the permit; and
(b) the permit would, apart from this subsection, expire:
(i) before the Cross‑boundary Authority grants, or refuses to grant, the renewal of the permit; or
(ii) before the application lapses as provided by section 431A;
the permit continues in force:
(c) until the Cross‑boundary Authority grants, or refuses to grant, the renewal of the permit; or
(d) until the application so lapses;
whichever happens first.
(10) Subsection (9) has effect subject to this Chapter but despite section 293.
Note: See the notes at the end of section 293.
311B Renewal of cross‑boundary greenhouse gas assessment permit—offer document
Scope
(1) This section applies if an application to renew a cross‑boundary greenhouse gas assessment permit has been made under section 311A.
Offer document—compliance with conditions etc.
(2) If:
(a) each of the following has been complied with:
(i) the conditions to which the cross‑boundary greenhouse gas assessment permit is, or has from time to time been, subject;
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
(iii) the provisions of the regulations; and
(b) the Cross‑boundary Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the permit; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit; and
(c) the Cross‑boundary Authority is satisfied of the matters (if any) prescribed by the regulations;
the Cross‑boundary Authority must give the applicant a written notice (called an offer document) telling the applicant that the Cross‑boundary Authority is prepared to renew the permit, so long as:
(d) in a case where part of the permit area is in the coastal waters of a State—the State has consented to the giving of the offer document; or
(e) in a case where part of the permit area is in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Offer document—non‑compliance with conditions etc.
(3) If:
(a) any of:
(i) the conditions to which the cross‑boundary greenhouse gas assessment permit is, or has from time to time been, subject; or
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
(iii) the provisions of the regulations;
have not been complied with; and
(b) in a case where:
(i) the permit is subject to one or more conditions of the kind mentioned in subsection 291A(5); and
(ii) one or more of those conditions have not been complied with;
the Cross‑boundary Authority is satisfied that the non‑compliance is attributable to unavoidable delays caused by the unavailability of essential services or essential equipment, or both; and
(c) the Cross‑boundary Authority is satisfied that there are sufficient grounds to warrant the granting of the renewal of the cross‑boundary greenhouse gas assessment permit;
the Cross‑boundary Authority may give the applicant a written notice (called an offer document) telling the applicant that the Cross‑boundary Authority is prepared to renew the permit.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: See also section 76D.
(3A) Without limiting paragraph (3)(c), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the permit, the Cross‑boundary Authority must have regard to:
(a) whether the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the permit; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit; and
(b) any other matters prescribed by the regulations.
Work program condition
(4) For the purposes of this section, if:
(a) the cross‑boundary greenhouse gas assessment permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area during a particular period; and
(b) the application for renewal of the permit was made during that period;
then, in determining whether the condition has been complied with, assume that the period had ended immediately before the application for renewal was made.
311C Refusal to renew cross‑boundary greenhouse gas assessment permit
Scope
(1) This section applies if an application to renew a cross‑boundary greenhouse gas assessment permit has been made under section 311A.
Refusal to renew
(2) If:
(a) any of:
(i) the conditions to which the cross‑boundary greenhouse gas assessment permit is, or has from time to time been, subject; or
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
(iii) the provisions of the regulations;
have not been complied with; and
(b) in a case where:
(i) the cross‑boundary greenhouse gas assessment permit is subject to one or more conditions of the kind mentioned in subsection 291A(5); and
(ii) one or more of those conditions have not been complied with;
the Cross‑boundary Authority is not satisfied that the non‑compliance is attributable to unavoidable delays caused by the unavailability of essential services or essential equipment, or both; and
(c) the Cross‑boundary Authority is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the cross‑boundary greenhouse gas assessment permit;
the Cross‑boundary Authority must, by written notice given to the applicant, refuse to renew the permit.
Note: Consultation procedures apply—see section 434A.
(2A) The Cross‑boundary Authority must, by written notice given to the applicant, refuse to renew the permit if the Cross‑boundary Authority is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(a) carry out the operations and works that will be authorised by the permit; and
(b) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit.
Note: Consultation procedures apply—see section 434A.
(2B) The Cross‑boundary Authority may, by written notice given to the applicant, refuse to renew the permit if the Cross‑boundary Authority is not satisfied of the matters (if any) prescribed by the regulations.
Note: Consultation procedures apply—see section 434A.
Work program condition
(3) For the purposes of this section, if:
(a) the cross‑boundary greenhouse gas assessment permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area during a particular period; and
(b) the application for renewal of the permit was made during that period;
then, in determining whether the condition has been complied with, assume that the period had ended immediately before the application for renewal was made.
311D Renewal of cross‑boundary greenhouse gas assessment permit
If:
(a) an applicant has been given an offer document under section 311B; and
(b) the applicant has made a request under section 431A in relation to the offer document within the period applicable under that section; and
(c) if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the Cross‑boundary Authority must renew the cross‑boundary greenhouse gas assessment permit.
Note 1: If the applicant does not make a request under section 431A within the period applicable under that section, the application lapses at the end of that period—see subsection 431A(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
Division 5—Declaration of identified greenhouse gas storage formation
312 Declaration of identified greenhouse gas storage formation—general
Scope
(1) This section applies if:
(a) a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, petroleum retention lease or petroleum production licence is in force; and
(b) the permittee, lessee or licensee has reasonable grounds to believe that:
(i) a part of a geological formation is an eligible greenhouse gas storage formation; and
(ii) that part is wholly situated in the permit area, lease area or licence area.
Application for declaration of identified greenhouse gas storage formation
(2) The permittee, lessee or licensee may apply to the responsible Commonwealth Minister for the declaration of the part referred to in paragraph (1)(b) as an identified greenhouse gas storage formation.
(3) An application under this section must set out:
(a) the applicant’s reasons for believing that the part referred to in paragraph (1)(b) is an eligible greenhouse gas storage formation; and
(b) assuming that the part referred to in paragraph (1)(b) is an eligible greenhouse gas storage formation:
(i) the fundamental suitability determinants of the eligible greenhouse gas storage formation; and
(ii) an estimate of the spatial extent of the eligible greenhouse gas storage formation; and
(c) such other information (if any) as is specified in the regulations.
(4) An estimate of spatial extent must comply with such requirements as are specified in the regulations.
Requirement to give further information or carry out further analysis
(5) The responsible Commonwealth Minister may, by written notice given to the applicant, require the applicant:
(a) to give the responsible Commonwealth Minister, within the period specified in the notice, further information in connection with the application; or
(b) to:
(i) carry out such further analysis of relevant information as is specified in the notice; and
(ii) give the responsible Commonwealth Minister, within the period specified in the notice, a written report of the results of that analysis.
(6) If the applicant breaches a requirement under subsection (5), the responsible Commonwealth Minister may, by written notice given to the applicant:
(a) refuse to consider the application; or
(b) refuse to take any action, or any further action, in relation to the application.
Variation of application
(7) At any time before the responsible Commonwealth Minister makes a decision on an application under this section, the applicant may, by written notice given to the responsible Commonwealth Minister, vary:
(a) any or all of the fundamental suitability determinants specified in the application; or
(b) the spatial extent estimated in the application.
(8) A variation of an application must be made in an approved manner.
(9) A variation of an application may be made:
(a) on the applicant’s own initiative; or
(b) at the request of the responsible Commonwealth Minister.
(10) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
(10A) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (8).
Declaration
(11) If:
(a) an application is made under this section in relation to a part of a geological formation; and
(b) the responsible Commonwealth Minister is satisfied that, using the fundamental suitability determinants set out in the application:
(i) that part is an eligible greenhouse gas storage formation; and
(ii) the estimate of the spatial extent set out in the application is a reasonable estimate of the spatial extent of the eligible greenhouse gas storage formation;
the responsible Commonwealth Minister must, by writing:
(c) declare that part to be an identified greenhouse gas storage formation for the purposes of this Act; and
(d) declare that, for the purposes of this Act, the spatial extent of the identified greenhouse gas storage formation is the spatial extent estimated in the application; and
(e) declare that the fundamental suitability determinants specified in the application are the fundamental suitability determinants of the identified greenhouse gas storage formation for the purposes of this Act.
(12) A declaration under paragraph (11)(d) must set out the estimate of the spatial extent specified in the application.
(13) A declaration under paragraph (11)(e) must set out the fundamental suitability determinants specified in the application.
(14) A copy of a declaration under subsection (11) must be published in the Gazette.
Refusal to make declaration
(15) If:
(a) an application is made under this section in relation to a part of a geological formation; and
(b) the responsible Commonwealth Minister is not required by subsection (11) to make declarations under that subsection in relation to that part;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to declare that part to be an identified greenhouse gas storage formation.
312A Declaration of identified greenhouse gas storage formation—cross‑boundary
Scope
(1) This section applies if:
(a) a cross‑boundary greenhouse gas assessment permit is in force; and
(b) the permittee has reasonable grounds to believe that:
(i) a part of a geological formation is an eligible greenhouse gas storage formation; and
(ii) the part is wholly situated in the permit area; and
(iii) the part extends to the permit area of the precursor greenhouse gas assessment permit and the relevant area of the precursor State/Territory greenhouse gas assessment title; and
(c) there is no identified greenhouse gas storage formation wholly situated within the permit area of the precursor greenhouse gas assessment permit; and
(d) there is no State/Territory identified greenhouse gas storage formation wholly situated within the relevant area of the precursor State/Territory greenhouse gas assessment title.
Note 1: For precursor greenhouse gas assessment permit, see subsection (16).
Note 2: For precursor State/Territory greenhouse gas assessment title, see subsection (17).
Application for declaration of identified greenhouse gas storage formation
(2) The permittee may apply to the responsible Commonwealth Minister for the declaration of the part referred to in paragraph (1)(b) as an identified greenhouse gas storage formation.
(3) An application under this section must set out:
(a) the applicant’s reasons for believing that the part referred to in paragraph (1)(b) is an eligible greenhouse gas storage formation; and
(b) assuming that the part referred to in paragraph (1)(b) is an eligible greenhouse gas storage formation:
(i) the fundamental suitability determinants of the eligible greenhouse gas storage formation; and
(ii) an estimate of the spatial extent of the eligible greenhouse gas storage formation; and
(c) such other information (if any) as is specified in the regulations.
(4) An estimate of spatial extent must comply with such requirements as are specified in the regulations.
Requirement to give further information or carry out further analysis
(5) The responsible Commonwealth Minister may, by written notice given to the applicant, require the applicant:
(a) to give the responsible Commonwealth Minister, within the period specified in the notice, further information in connection with the application; or
(b) to:
(i) carry out such further analysis of relevant information as is specified in the notice; and
(ii) give the responsible Commonwealth Minister, within the period specified in the notice, a written report of the results of that analysis.
(6) If the applicant breaches a requirement under subsection (5), the responsible Commonwealth Minister may, by written notice given to the applicant:
(a) refuse to consider the application; or
(b) refuse to take any action, or any further action, in relation to the application.
Variation of application
(7) At any time before the responsible Commonwealth Minister makes a decision on an application under this section, the applicant may, by written notice given to the responsible Commonwealth Minister, vary:
(a) any or all of the fundamental suitability determinants specified in the application; or
(b) the spatial extent estimated in the application.
(8) A variation of an application must be made in an approved manner.
(9) A variation of an application may be made:
(a) on the applicant’s own initiative; or
(b) at the request of the responsible Commonwealth Minister.
(10) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
(10A) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (8).
Declaration
(11) If:
(a) an application is made under this section in relation to a part of a geological formation; and
(b) the responsible Commonwealth Minister is satisfied that, using the fundamental suitability determinants set out in the application:
(i) that part is an eligible greenhouse gas storage formation; and
(ii) the estimate of the spatial extent set out in the application is a reasonable estimate of the spatial extent of the eligible greenhouse gas storage formation;
the responsible Commonwealth Minister must, by writing:
(c) declare that part to be an identified greenhouse gas storage formation for the purposes of this Act; and
(d) declare that, for the purposes of this Act, the spatial extent of the identified greenhouse gas storage formation is the spatial extent estimated in the application; and
(e) declare that the fundamental suitability determinants specified in the application are the fundamental suitability determinants of the identified greenhouse gas storage formation for the purposes of this Act.
(12) A declaration under paragraph (11)(d) must set out the estimate of the spatial extent specified in the application.
(13) A declaration under paragraph (11)(e) must set out the fundamental suitability determinants specified in the application.
(14) A copy of a declaration under subsection (11) must be published in the Gazette.
Refusal to make declaration
(15) If:
(a) an application is made under this section in relation to a part of a geological formation; and
(b) the responsible Commonwealth Minister is not required by subsection (11) to make declarations under that subsection in relation to that part;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to declare that part to be an identified greenhouse gas storage formation.
Precursor greenhouse gas assessment permit
(16) For the purposes of this section, if an original cross‑boundary greenhouse gas assessment permit was granted in response to an application under section 307A, the existing greenhouse gas assessment permit mentioned in section 307A is the precursor greenhouse gas assessment permit in relation to:
(a) the original cross‑boundary greenhouse gas assessment permit; and
(b) a cross‑boundary greenhouse gas assessment permit that was granted by way of the renewal of the original cross‑boundary greenhouse gas assessment permit.
Precursor State/Territory greenhouse gas assessment title
(17) For the purposes of this section, if an original cross‑boundary greenhouse gas assessment permit was granted in response to an application under section 307A, the existing State/Territory greenhouse gas assessment title mentioned in section 307A is the precursor State/Territory greenhouse gas assessment title in relation to:
(a) the original cross‑boundary greenhouse gas assessment permit; and
(b) a cross‑boundary greenhouse gas assessment permit that was granted by way of the renewal of the original cross‑boundary greenhouse gas assessment permit.
313 Variation of declaration of identified greenhouse gas storage formation
Scope
(1) This section applies if a declaration is in force under section 312 or 312A in relation to a part of a geological formation.
Variation of declaration
(2) The responsible Commonwealth Minister may, by writing, vary the declaration.
(3) A variation of the declaration may be made:
(a) if the part is wholly situated in:
(i) the permit area of a greenhouse gas assessment permit; or
(ii) the lease area of a greenhouse gas holding lease; or
(iii) the licence area of a greenhouse gas injection licence; or
(iv) the licence area of a petroleum production licence; or
(v) the lease area of a petroleum retention lease;
on the application of the registered holder of the permit, lease or licence; or
(b) on the responsible Commonwealth Minister’s own initiative.
Application for variation
(4) An application for a variation of the declaration must:
(a) set out the proposed variation; and
(b) specify the reasons for the proposed variation.
Criteria
(5) In deciding whether to vary the declaration, the responsible Commonwealth Minister must have regard to:
(a) any new information; and
(b) any new analysis; and
(c) any relevant scientific or technological developments; and
(d) such other matters (if any) as the responsible Commonwealth Minister considers relevant.
Consultation
(6) Before varying a declaration under subsection (2) on the responsible Commonwealth Minister’s own initiative, the responsible Commonwealth Minister must consult:
(a) if the part is wholly situated in the permit area of a greenhouse gas assessment permit—the permittee; or
(b) if the part is wholly situated in the lease area of a greenhouse gas holding lease—the lessee; or
(c) if the part is wholly situated in the licence area of a greenhouse gas injection licence—the licensee; or
(d) if the part is wholly situated in the licence area of a petroleum production licence—the licensee; or
(e) if the part is wholly situated in the lease area of a petroleum retention lease—the lessee.
Publication
(7) A copy of a variation under subsection (2) must be published in the Gazette.
Varied declarations
(8) If a declaration in force under section 312 or 312A is varied, a reference in this Act to the declaration is a reference to the declaration as varied.
314 Revocation of declaration of identified greenhouse gas storage formation
Scope
(1) This section applies if a declaration is in force under section 312 or 312A in relation to a part of a geological formation.
Revocation of declaration
(2) The responsible Commonwealth Minister may revoke the declaration if the responsible Commonwealth Minister is satisfied that, using any set of fundamental suitability determinants, the part is not an eligible greenhouse gas storage formation.
(3) A copy of a revocation under subsection (2) must be published in the Gazette.
Consultation
(4) Before revoking a declaration under subsection (2), the responsible Commonwealth Minister must consult:
(a) if the part is wholly situated in the permit area of a greenhouse gas assessment permit—the permittee; or
(b) if the part is wholly situated in the lease area of a greenhouse gas holding lease—the lessee; or
(c) if the part is wholly situated in the licence area of a greenhouse gas injection licence—the licensee; or
(d) if the part is wholly situated in the licence area of a petroleum production licence—the licensee; or
(e) if the part is wholly situated in the lease area of a petroleum retention lease—the lessee.
Responsible Commonwealth Minister must consider whether to vary a declaration
(5) If the responsible Commonwealth Minister proposes to revoke a declaration under subsection (2), the responsible Commonwealth Minister must consider whether the responsible Commonwealth Minister should instead vary the declaration under section 313.
315 Register of Identified Greenhouse Gas Storage Formations
(1) The responsible Commonwealth Minister is to maintain a register, to be known as the Register of Identified Greenhouse Gas Storage Formations, in which the responsible Commonwealth Minister includes particulars of:
(a) declarations made under section 312 or 312A; and
(b) variations of such declarations; and
(c) revocations of such declarations.
(2) The Register may be maintained by electronic means.
(3) The Register is to be made available for inspection on the internet.
(4) The Register is not a legislative instrument.
Division 6—Directions
316 Responsible Commonwealth Minister may give directions to greenhouse gas assessment permittees
(1) The responsible Commonwealth Minister may, by written notice given to a greenhouse gas assessment permittee, give the permittee a direction for the purpose of:
(a) eliminating; or
(b) mitigating; or
(c) managing;
the risk that operations carried on under the permit could have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(d) an existing petroleum exploration permit; or
(e) an existing petroleum retention lease; or
(f) an existing petroleum production licence; or
(g) a future petroleum exploration permit; or
(h) a future petroleum retention lease; or
(i) a future petroleum production licence.
(2) A direction under this section has effect, and must be complied with, despite:
(a) any previous direction under this section; and
(b) anything in the regulations (other than prescribed regulations, or a prescribed provision of regulations, made under this Act) or the applied provisions.
(3) A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
(4) To avoid doubt, subsection (3) applies to an instrument, whether issued or made in Australia or outside Australia.
(5) A direction under this section may prohibit the doing of an act or thing:
(a) unconditionally; or
(b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
(6) A direction under this section is not a legislative instrument.
317 Compliance with directions
(1) A person commits an offence if:
(a) the person is given a direction under section 316; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches the direction.
Penalty: 100 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Part 3.3—Greenhouse gas holding leases
Division 1—General provisions
318 Simplified outline
The following is a simplified outline of this Part:
• This Part provides for the grant of greenhouse gas holding leases over blocks in an offshore area.
• A greenhouse gas holding lease authorises the lessee to explore in the lease area for potential greenhouse gas storage formations and potential greenhouse gas injection sites.
• A greenhouse gas holding lease may be granted to:
(a) the holder of a greenhouse gas assessment permit; or
(b) the holder of a greenhouse gas injection licence, where no greenhouse gas injection or permanent storage operations have been carried on under the licence; or
(c) an unsuccessful applicant for a greenhouse gas injection licence; or
(d) the holder of a petroleum retention lease.
• The main criteria for granting a greenhouse gas holding lease are:
(a) an identified greenhouse gas storage formation is wholly situated in the lease area; and
(b) the applicant is not currently in a position to inject and permanently store a greenhouse gas substance, but is likely to be in such a position within 15 years.
Note: See also section 295B (permit area of a cross‑boundary greenhouse gas assessment permit is taken to be included in the offshore area).
319 Rights conferred by greenhouse gas holding lease
(1) A greenhouse gas holding lease authorises the lessee, in accordance with the conditions (if any) to which the lease is subject:
(a) to explore in the lease area for a potential greenhouse gas storage formation; and
(b) to explore in the lease area for a potential greenhouse gas injection site; and
(c) to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation, so long as the relevant well is situated in the lease area; and
(d) to store, on an appraisal basis, a greenhouse gas substance in a part of a geological formation, so long as the injection of the stored greenhouse gas substance takes place at a well situated in the lease area; and
(e) to inject, on an appraisal basis:
(i) air; or
(ii) petroleum; or
(iii) water;
into a part of a geological formation for purposes in connection with the exploration authorised by paragraph (a) or (b), so long as the relevant well is situated in the lease area; and
(f) to store, on an appraisal basis:
(i) air; or
(ii) petroleum; or
(iii) water;
in a part of a geological formation for purposes in connection with the exploration authorised by paragraph (a) or (b), so long as the injection of the stored air, petroleum or water takes place at a well situated in the lease area; and
(g) with the written consent of the responsible Commonwealth Minister, to recover petroleum in the lease area for the sole purpose of appraising a discovery of petroleum that was made as an incidental consequence of:
(i) the exploration authorised by paragraph (a) or (b); or
(ii) the injection authorised by paragraph (c) or (e); and
(h) to carry on such operations, and execute such works, in the lease area as are necessary for those purposes.
(2) The rights conferred on the lessee by subsection (1) are subject to this Act and the regulations.
(3) If petroleum is recovered by the lessee in the lease area as authorised by paragraph (1)(g), the petroleum does not become the property of the lessee.
(4) A greenhouse gas holding lease does not authorise the lessee to make a well outside the lease area.
320 Conditions of greenhouse gas holding leases (other than cross‑boundary greenhouse gas holding leases)
(1A) This section does not apply to a cross‑boundary greenhouse gas holding lease.
(1) The responsible Commonwealth Minister may grant a greenhouse gas holding lease subject to whatever conditions the responsible Commonwealth Minister thinks appropriate.
(2) The conditions (if any) must be specified in the lease.
Approval of key greenhouse gas operations
(3) A greenhouse gas holding lease is subject to the condition that the lessee will not carry on key greenhouse gas operations under the lease unless:
(a) the responsible Commonwealth Minister has approved the operations under section 321; and
(b) the lessee complies with the conditions (if any) to which the approval is subject.
Securities
(4) A greenhouse gas holding lease is subject to the condition that, if the lessee is given a notice under section 454, the lessee will comply with the notice.
Work to be carried out by lessee
(5) Any or all of the following conditions may be specified in a greenhouse gas holding lease:
(a) conditions requiring the lessee to carry out work in, or in relation to, the lease area;
(b) conditions about the amounts that the lessee must spend in carrying out such work;
(c) conditions requiring the lessee to comply with directions that:
(i) relate to the matters covered by paragraphs (a) and (b); and
(ii) are given in accordance with the lease.
Other provisions
(6) Despite subsection (2), the conditions mentioned in subsections (3) and (4) do not need to be specified in the lease.
(7) Subsections (3), (4) and (5) do not limit subsection (1).
320A Conditions of cross‑boundary greenhouse gas holding leases
(1) The Cross‑boundary Authority may grant a cross‑boundary greenhouse gas holding lease subject to whatever conditions the Cross‑boundary Authority thinks appropriate.
(2) The conditions (if any) must be specified in the lease.
Approval of key greenhouse gas operations
(3) A cross‑boundary greenhouse gas holding lease is subject to the condition that the lessee will not carry on key greenhouse gas operations under the lease unless:
(a) the responsible Commonwealth Minister has approved the operations under section 321A; and
(b) the lessee complies with the conditions (if any) to which the approval is subject.
Securities
(4) A cross‑boundary greenhouse gas holding lease is subject to the condition that, if the lessee is given a notice under section 454, the lessee will comply with the notice.
Work to be carried out by lessee
(5) Any or all of the following conditions may be specified in a cross‑boundary greenhouse gas holding lease:
(a) conditions requiring the lessee to carry out work in, or in relation to, the lease area;
(b) conditions about the amounts that the lessee must spend in carrying out such work;
(c) conditions requiring the lessee to comply with directions that:
(i) relate to the matters covered by paragraphs (a) and (b); and
(ii) are given in accordance with the lease.
Other provisions
(6) Despite subsection (2), the conditions mentioned in subsections (3) and (4) do not need to be specified in the lease.
(7) Subsections (3), (4) and (5) do not limit subsection (1).
321 Approval by responsible Commonwealth Minister of key greenhouse gas operations—general
(1A) This section does not apply to a cross‑boundary greenhouse gas holding lease.
(1) A greenhouse gas holding lessee may apply to the responsible Commonwealth Minister for approval to carry on one or more key greenhouse gas operations under the lease.
(2) If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:
(a) give the approval, with or without conditions to which the approval is subject; or
(b) by written notice given to the applicant, refuse to give the approval.
Responsible Commonwealth Minister must have regard to certain matters
(3) In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6), (7) and (8).
(4) The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key greenhouse gas operations could have on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing petroleum exploration permit; or
(b) an existing petroleum retention lease; or
(c) an existing petroleum production licence; or
(d) a future petroleum exploration permit; or
(e) a future petroleum retention lease; or
(f) a future petroleum production licence.
(5) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing petroleum exploration permit held by a person other than the applicant; or
(b) an existing petroleum retention lease held by a person other than the applicant; or
(c) an existing petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(d) whether the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence, as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(e) if so—the terms of that agreement.
(6) If:
(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
(i) a future petroleum exploration permit over a block or blocks; or
(ii) a future petroleum retention lease over a block or blocks; or
(iii) a future petroleum production licence over a block or blocks; and
(b) a petroleum exploration permit, petroleum retention lease or petroleum production licence is in force over the block or any of the blocks; and
(c) the petroleum exploration permit, petroleum retention lease or petroleum production licence is held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(d) whether the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(e) if so—the terms of that agreement.
(7) If any of those key greenhouse gas operations is:
(a) an operation to inject, on an appraisal basis, a substance into a part of a geological formation; or
(b) an operation to store, on an appraisal basis, a substance in a part of a geological formation;
the responsible Commonwealth Minister must have regard to the composition of the substance.
(8) The responsible Commonwealth Minister must have regard to the public interest.
(9) Subsections (4), (5), (6) and (7) do not limit subsection (8).
(10) Subsections (4), (5), (6), (7) and (8) do not limit the matters to which the responsible Commonwealth Minister may have regard.
Circumstances in which the approval must not be given
(11) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing pre‑commencement petroleum title held by a person other than the applicant; or
(b) an existing post‑commencement petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless the registered holder of the pre‑commencement petroleum title, or the post‑commencement petroleum production licence, as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
(12) If:
(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre‑commencement petroleum title over a block or blocks; and
(b) the existing pre‑commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless the registered holder of the existing pre‑commencement petroleum title has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
No right to an approval
(13) To avoid doubt, section 319 does not imply that a greenhouse gas holding lessee who applies for approval under subsection (1) of this section is entitled to be given the approval.
Suspension of rights
(14) For the purposes of this section, disregard a suspension of rights under section 266.
321A Approval by responsible Commonwealth Minister of key greenhouse gas operations carried on under a cross‑boundary greenhouse gas holding lease
(1) A cross‑boundary greenhouse gas holding lessee may apply to the responsible Commonwealth Minister for approval to carry on one or more key greenhouse gas operations under the lease.
(2) If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:
(a) give the approval, with or without conditions to which the approval is subject; or
(b) by written notice given to the applicant, refuse to give the approval.
Responsible Commonwealth Minister must have regard to certain matters
(3) In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6), (7) and (8).
(4) The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key greenhouse gas operations could have on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing petroleum exploration permit; or
(b) an existing petroleum retention lease; or
(c) an existing petroleum production licence; or
(d) a future petroleum exploration permit; or
(e) a future petroleum retention lease; or
(f) a future petroleum production licence; or
(g) an existing State/Territory petroleum exploration title; or
(h) an existing State/Territory petroleum retention title; or
(i) an existing State/Territory petroleum production title; or
(j) a future State/Territory petroleum exploration title; or
(k) a future State/Territory petroleum retention title; or
(l) a future State/Territory petroleum production title.
(5) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing petroleum exploration permit held by a person other than the applicant; or
(b) an existing petroleum retention lease held by a person other than the applicant; or
(c) an existing petroleum production licence held by a person other than the applicant; or
(d) an existing State/Territory petroleum exploration title held by a person other than the applicant; or
(e) an existing State/Territory petroleum retention title held by a person other than the applicant; or
(f) an existing State/Territory petroleum production title held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(g) whether:
(i) the registered holder of the petroleum exploration permit; or
(ii) the registered holder of the petroleum retention lease; or
(iii) the registered holder of the petroleum production licence; or
(iv) the holder of the State/Territory petroleum exploration title; or
(v) the holder of the State/Territory petroleum retention title; or
(vi) the holder of the State/Territory petroleum production title;
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(h) if so—the terms of that agreement.
(6) If:
(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
(i) a future petroleum exploration permit over a block or blocks; or
(ii) a future petroleum retention lease over a block or blocks; or
(iii) a future petroleum production licence over a block or blocks; or
(iv) a future State/Territory petroleum exploration title over a State/Territory block or State/Territory blocks; or
(v) a future State/Territory petroleum retention title over a State/Territory block or State/Territory blocks; or
(vi) a future State/Territory petroleum production title over a State/Territory block or State/Territory blocks; and
(b) either:
(i) a petroleum exploration permit, petroleum retention lease or petroleum production licence is in force over the block or any of the blocks; or
(ii) a State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title is in force over the State/Territory block or any of the State/Territory blocks; and
(c) the petroleum exploration permit, petroleum retention lease, petroleum production licence, State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title is held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(d) whether:
(i) the registered holder of the petroleum exploration permit covered by paragraph (b); or
(ii) the registered holder of the petroleum retention lease covered by paragraph (b); or
(iii) the registered holder of the petroleum production licence covered by paragraph (b); or
(iv) the holder of the State/Territory petroleum exploration title covered by paragraph (b); or
(v) the holder of the State/Territory petroleum retention title covered by paragraph (b); or
(vi) the holder of the State/Territory petroleum production title covered by paragraph (b);
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(e) if so—the terms of that agreement.
(7) If any of those key greenhouse gas operations is:
(a) an operation to inject, on an appraisal basis, a substance into a part of a geological formation; or
(b) an operation to store, on an appraisal basis, a substance in a part of a geological formation;
the responsible Commonwealth Minister must have regard to the composition of the substance.
(8) The responsible Commonwealth Minister must have regard to the public interest.
(9) Subsections (4), (5), (6) and (7) do not limit subsection (8).
(10) Subsections (4), (5), (6), (7) and (8) do not limit the matters to which the responsible Commonwealth Minister may have regard.
Circumstances in which the approval must not be given
(11) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing pre‑commencement petroleum title held by a person other than the applicant; or
(b) an existing post‑commencement petroleum production licence held by a person other than the applicant; or
(c) an existing pre‑commencement State/Territory petroleum title held by a person other than the applicant; or
(d) an existing post‑commencement State/Territory petroleum production title held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless:
(e) the registered holder of the pre‑commencement petroleum title; or
(f) the registered holder of the post‑commencement petroleum production licence; or
(g) the holder of the pre‑commencement State/Territory petroleum title; or
(h) the holder of the post‑commencement State/Territory petroleum production title;
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
(12) If:
(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
(i) a future pre‑commencement petroleum title over a block or blocks; or
(ii) a future pre‑commencement State/Territory petroleum title over a State/Territory block or State/Territory blocks; and
(b) if subparagraph (a)(i) applies—the existing pre‑commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant; and
(c) if subparagraph (a)(ii) applies—the existing pre‑commencement State/Territory petroleum title in force over the State/Territory block or any of the State/Territory blocks is held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless:
(d) the registered holder of the existing pre‑commencement petroleum title; or
(e) the holder of the existing pre‑commencement State/Territory petroleum title;
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
No right to an approval
(13) To avoid doubt, section 319 does not imply that a cross‑boundary greenhouse gas holding lessee who applies for approval under subsection (1) of this section is entitled to be given the approval.
Suspension of rights
(14) For the purposes of this section, disregard a suspension of rights under:
(a) section 266; or
(b) a provision of a law of a State or Territory that corresponds to section 266.
322 Duration of greenhouse gas holding lease
(1) A greenhouse gas holding lease (other than a special greenhouse gas holding lease or a special cross‑boundary greenhouse gas holding lease) remains in force for the period of 5 years beginning on:
(a) the day on which the lease is granted; or
(b) if a later day is specified in the lease as the day on which the lease is to come into force—that later day.
(2) A special greenhouse gas holding lease or a special cross‑boundary greenhouse gas holding lease remains in force indefinitely.
(3) Subsections (1) and (2) have effect subject to this Chapter.
Note 1: For special rules about the extension of the duration of a greenhouse gas holding lease if the lessee applies for a special greenhouse gas holding lease or greenhouse gas injection licence, see sections 323 and 323A.
Note 2: For a special rule about the cancellation of a special greenhouse gas holding lease, see section 353.
Note 2AA: For a special rule about the cancellation of a special cross‑boundary greenhouse gas holding lease, see section 353A.
Note 2A: For a special rule about the cancellation of a greenhouse gas holding lease granted to the holder of a petroleum retention lease, see section 354.
Note 3: For special rules about the extension of the duration of a greenhouse gas holding lease pending a decision on a renewal application, see subsections 347(6) and 350A(7).
Note 4: For special rules about the duration of a greenhouse gas holding lease once a decision has been made refusing to renew the lease, see subsections 349(4) and (5) and 350C(4) and (5).
Note 5: For special rules about the extension of the duration of a greenhouse gas holding lease following a suspension decision, see sections 437, 439 and 439B.
Note 5A: For special rules about the extension of the duration of a greenhouse gas holding lease pending a suspension decision, see sections 437A and 439C.
Note 6: For special rules about when a greenhouse gas holding lease ceases to be in force following the grant of a greenhouse gas injection licence, see sections 366 and 368F.
Note 7: For the surrender of a greenhouse gas holding lease, see Part 3.10.
Note 8: For the cancellation of a greenhouse gas holding lease, see Part 3.11.
323 Extension of greenhouse gas holding lease (other than a cross‑boundary greenhouse gas holding lease) if lessee applies for a special greenhouse gas holding lease (other than a special cross‑boundary greenhouse gas holding lease) or greenhouse gas injection licence (other than a cross‑boundary greenhouse gas injection licence)
(1) If:
(a) a greenhouse gas holding lease (other than a special greenhouse gas holding lease or a cross‑boundary greenhouse gas holding lease) is in force over a block or blocks; and
(b) before the time when the lease would, apart from this subsection, expire, the lessee applies to the responsible Commonwealth Minister for the grant of a special greenhouse gas holding lease or greenhouse gas injection licence over the block or one or more of the blocks;
the table has effect:
Extension of lease |
Item | In this case... | the lease continues in force over the block or blocks covered by the application until... |
1 | the responsible Commonwealth Minister gives the lessee an offer document relating to a special greenhouse gas holding lease or greenhouse gas injection licence over the block or one or more of the blocks | the special greenhouse gas holding lease or greenhouse gas injection licence is granted, the lessee withdraws the application or the application lapses. |
2 | the application is for a special greenhouse gas holding lease and the responsible Commonwealth Minister refuses to grant the lease to the lessee | notice of the refusal is given to the lessee. |
3 | the application is for a greenhouse gas injection licence and the responsible Commonwealth Minister refuses to grant the licence to the lessee on a ground covered by paragraph 362(2)(c), (d), (e), (f), (g) or (i) | the end of the period of 90 days after the day on which the notice of the refusal was given to the lessee. |
4 | the application is for a greenhouse gas injection licence and the responsible Commonwealth Minister refuses to grant the licence to the lessee on a ground not mentioned in item 3 | notice of refusal is given to the lessee. |
(2) Subsection (1) has effect subject to this Chapter but despite section 322.
Note: See the notes at the end of section 322.
323A Extension of cross‑boundary greenhouse gas holding lease if lessee applies for a special cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence
(1) If:
(a) a cross‑boundary greenhouse gas holding lease (other than a special cross‑boundary greenhouse gas holding lease) is in force over a block or blocks; and
(b) before the time when the lease would, apart from this subsection, expire, the lessee applies to the Titles Administrator for the grant by the Cross‑boundary Authority of a special cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence over the block or one or more of the blocks;
the table has effect:
Extension of lease |
Item | In this case ... | the lease continues in force over the block or blocks covered by the application until ... |
1 | the Cross‑boundary Authority gives the lessee an offer document relating to a special cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence over the block or one or more of the blocks | the special cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence is granted, the lessee withdraws the application or the application lapses. |
2 | the application is for a special cross‑boundary greenhouse gas holding lease and the Cross‑boundary Authority refuses to grant the lease to the lessee | notice of the refusal is given to the lessee. |
3 | the application is for a cross‑boundary greenhouse gas injection licence and the Cross‑boundary Authority refuses to grant the licence to the lessee on a ground covered by paragraph 368B(2)(c), (d), (e), (f), (g), (h), (i) or (ja) | the end of the period of 90 days after the day on which the notice of the refusal was given to the lessee. |
4 | the application is for a cross‑boundary greenhouse gas injection licence and the Cross‑boundary Authority refuses to grant the licence to the lessee on a ground not mentioned in item 3 | notice of refusal is given to the lessee. |
(2) Subsection (1) has effect subject to this Chapter but despite section 322.
Note: See the notes at the end of section 322.
323B Lease area of a cross‑boundary greenhouse gas holding lease is taken to be included in the offshore area
Offshore area of a State
(1) If any part of the lease area of a cross‑boundary greenhouse gas holding lease is included in the offshore area of a State, the whole of the lease area is taken, for all purposes of:
(a) this Chapter and regulations made for the purposes of this Chapter; and
(b) the remaining provisions of this Act and the regulations, so far as they relate to:
(i) this Chapter; or
(ii) exploring for a potential greenhouse gas storage formation; or
(iii) exploring for a potential greenhouse gas injection site; or
(iv) the injection of a greenhouse gas substance; or
(v) the storage of a greenhouse gas substance;
to be included in the offshore area of the State.
Principal Northern Territory offshore area
(2) If any part of the lease area of a cross‑boundary greenhouse gas holding lease is included in the Principal Northern Territory offshore area, the whole of the lease area is taken, for all purposes of:
(a) this Chapter and regulations made for the purposes of this Chapter; and
(b) the remaining provisions of this Act and the regulations, so far as they relate to:
(i) this Chapter; or
(ii) exploring for a potential greenhouse gas storage formation; or
(iii) exploring for a potential greenhouse gas injection site; or
(iv) the injection of a greenhouse gas substance; or
(v) the storage of a greenhouse gas substance;
to be included in the Principal Northern Territory offshore area.
Division 2—Obtaining a greenhouse gas holding lease
Subdivision A—Application for greenhouse gas holding lease (other than a cross‑boundary greenhouse gas holding lease) by the holder of a greenhouse gas assessment permit (other than a cross‑boundary greenhouse gas assessment permit)
324 Application for greenhouse gas holding lease (other than a cross‑boundary greenhouse gas holding lease) by the holder of a greenhouse gas assessment permit (other than a cross‑boundary greenhouse gas assessment permit)
Scope
(1) This section applies if:
(a) a greenhouse gas assessment permit (other than a cross‑boundary greenhouse gas assessment permit) is in force; and
(b) one or more identified greenhouse gas storage formations are wholly situated in the permit area.
Single identified greenhouse gas storage formation
(2) If a single identified greenhouse gas storage formation extends to:
(a) only one block in the permit area; or
(b) 2 or more blocks in the permit area;
the permittee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block or blocks to which the identified greenhouse gas storage formation extends.
Note: For application period, see subsection (8).
Multiple identified greenhouse gas storage formations
(3) If:
(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to only one block in the permit area; and
(b) a vertical line would not pass through a point in each of those identified greenhouse gas storage formations;
the permittee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block to which the identified greenhouse gas storage formations, when considered together, extend.
Note: For application period, see subsection (8).
(4) If:
(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to:
(i) only one block in the permit area; or
(ii) 2 or more blocks in the permit area; and
(b) a vertical line would pass through a point in each of those identified greenhouse gas storage formations;
the permittee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend.
Note: For application period, see subsection (8).
(5) If:
(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to 2 or more blocks in the permit area; and
(b) a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and
(c) for each identified greenhouse gas storage formation, at least one of the blocks to which the identified greenhouse gas storage formation extends immediately adjoins a block to which the other, or another, of those identified greenhouse gas storage formations extends;
the permittee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the blocks to which the identified greenhouse gas storage formations, when considered together, extend.
Note: For application period, see subsection (8).
(6) For the purposes of subsection (5), a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:
(a) have a side in common; or
(b) are joined together at one point only.
Application
(7) An application under this section must:
(a) be in the approved form; and
(b) be accompanied by any information or documents required by the form.
(7A) If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the application period.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
Application period
(8) The application period for an application under this section is:
(a) the period of 12 months after:
(i) if there is a single identified greenhouse gas storage formation—the day on which the declaration of the identified greenhouse gas storage formation was made by the responsible Commonwealth Minister; or
(ii) if there are 2 or more identified greenhouse gas storage formations—the earliest day on which a declaration of any of the identified greenhouse gas storage formations was made by the responsible Commonwealth Minister; or
(b) such longer period, not more than 180 days after that day, as the responsible Commonwealth Minister allows.
(9) The responsible Commonwealth Minister may allow a longer period under paragraph (8)(b) only on written application made by the permittee within the period of 12 months mentioned in paragraph (8)(a).
Variation of application
(10) At any time before an offer document, or notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.
(11) A variation of an application must be made in an approved manner.
(12) A variation of an application may be made:
(a) on the applicant’s own initiative; or
(b) at the request of the responsible Commonwealth Minister.
(13) A variation of an application may set out any additional matters that the applicant wishes to be considered.
(14) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
(15) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (11).
325 Grant of greenhouse gas holding lease—offer document
Single identified greenhouse gas storage formation
(1) If:
(a) an application for a greenhouse gas holding lease has been made under subsection 324(2); and
(b) the responsible Commonwealth Minister is satisfied that the applicant is not, at the time of the application, in a position to:
(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation concerned; and
(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation concerned;
but is likely to be in such a position within 15 years; and
(c) the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the lease; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
(d) the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister must give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas holding lease over the block or blocks specified in the application.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429 to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document—see subsection 429(3).
Multiple identified greenhouse gas storage formations
(2) If:
(a) an application for a greenhouse gas holding lease has been made under subsection 324(3), (4) or (5); and
(b) the responsible Commonwealth Minister is satisfied that the applicant is not, at the time of the application, in a position to:
(i) inject a greenhouse gas substance into at least one of the identified greenhouse gas storage formations concerned; and
(ii) permanently store the greenhouse gas substance in at least one of the identified greenhouse gas storage formations concerned;
but is likely to be in such a position within 15 years; and
(c) the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the lease; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
(d) the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister must give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas holding lease over the block or blocks specified in the application.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429 to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document—see subsection 429(3).
326 Refusal to grant greenhouse gas holding lease
Scope
(1) This section applies if an application for a greenhouse gas holding lease has been made under section 324.
Refusal notice
(2) If the responsible Commonwealth Minister is not satisfied as to:
(a) in the case of an application made under subsection 324(2)—a matter referred to in paragraph 325(1)(b) or (1)(c); or
(b) in the case of an application made under subsection 324(3), (4) or (5)—a matter referred to in paragraph 325(2)(b) or (2)(c);
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.
(3) If the responsible Commonwealth Minister is not satisfied as to:
(a) in the case of an application made under subsection 324(2)—a matter (if any) prescribed by the regulations for the purposes of paragraph 325(1)(d); or
(b) in the case of an application made under subsection 324(3), (4) or (5)—a matter (if any) prescribed by the regulations for the purposes of paragraph 325(2)(d);
the responsible Commonwealth Minister may, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.
327 Grant of greenhouse gas holding lease
If:
(a) an applicant has been given an offer document under section 325; and
(b) the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
(c) if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must grant the applicant a greenhouse gas holding lease over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
328 Greenhouse gas assessment permit ceases to be in force when greenhouse gas holding lease comes into force
When a greenhouse gas holding lease under section 327 comes into force in relation to one or more blocks, a greenhouse gas assessment permit ceases to be in force to the extent to which it relates to those blocks.
329 Greenhouse gas assessment permit transferred—transferee to be treated as applicant
Scope
(1) This section applies if a transfer of a greenhouse gas assessment permit is registered under section 530:
(a) after an application has been made under section 324 for the grant of a greenhouse gas holding lease over a block or blocks in relation to which the greenhouse gas assessment permit is in force; and
(b) before any action has been taken by the responsible Commonwealth Minister under section 325 or 326 in relation to the application.
Transferee to be treated as applicant
(2) After the transfer, sections 324 to 327 and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Subdivision AA—Application for cross‑boundary greenhouse gas holding lease by the holder of a cross‑boundary greenhouse gas assessment permit
329A Application for cross‑boundary greenhouse gas holding lease by the holder of a cross‑boundary greenhouse gas assessment permit
Scope
(1) This section applies if:
(a) a cross‑boundary greenhouse gas assessment permit is in force; and
(b) one or more identified greenhouse gas storage formations are wholly situated in the permit area; and
(c) either:
(i) in a case where part of the permit area is in the coastal waters of a State—the State has a compatible cross‑boundary law; or
(ii) in a case where part of the permit area is in the coastal waters of the Northern Territory—the Northern Territory has a compatible cross‑boundary law.
Single identified greenhouse gas storage formation
(2) If a single identified greenhouse gas storage formation extends to:
(a) only one block in the permit area; or
(b) 2 or more blocks in the permit area;
the permittee may, within the application period, apply to the Titles Administrator for the grant by the Cross‑boundary Authority of a greenhouse gas holding lease over the block or blocks to which the identified greenhouse gas storage formation extends.
Note: For application period, see subsection (8).
Multiple identified greenhouse gas storage formations
(3) If:
(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to only one block in the permit area; and
(b) a vertical line would not pass through a point in each of those identified greenhouse gas storage formations;
the permittee may, within the application period, apply to the Titles Administrator for the grant by the Cross‑boundary Authority of a greenhouse gas holding lease over the block to which the identified greenhouse gas storage formations, when considered together, extend.
Note: For application period, see subsection (8).
(4) If:
(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to:
(i) only one block in the permit area; or
(ii) 2 or more blocks in the permit area; and
(b) a vertical line would pass through a point in each of those identified greenhouse gas storage formations;
the permittee may, within the application period, apply to the Titles Administrator for the grant by the Cross‑boundary Authority of a greenhouse gas holding lease over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend.
Note: For application period, see subsection (8).
(5) If:
(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to 2 or more blocks in the permit area; and
(b) a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and
(c) for each identified greenhouse gas storage formation, at least one of the blocks to which the identified greenhouse gas storage formation extends immediately adjoins a block to which the other, or another, of those identified greenhouse gas storage formations extends;
the permittee may, within the application period, apply to the Titles Administrator for the grant by the Cross‑boundary Authority of a greenhouse gas holding lease over the blocks to which the identified greenhouse gas storage formations, when considered together, extend.
Note: For application period, see subsection (8).
(6) For the purposes of subsection (5), a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:
(a) have a side in common; or
(b) are joined together at one point only.
Application
(7) An application under this section must:
(a) be in the approved form; and
(b) be accompanied by any information or documents required by the form.
(7A) If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the application period.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429A enables the Titles Administrator to require the applicant to give further information.
Application period
(8) The application period for an application under this section is:
(a) the period of 12 months after:
(i) if there is a single identified greenhouse gas storage formation—the day on which the declaration of the identified greenhouse gas storage formation was made by the responsible Commonwealth Minister; or
(ii) if there are 2 or more identified greenhouse gas storage formations—the earliest day on which a declaration of any of the identified greenhouse gas storage formations was made by the responsible Commonwealth Minister; or
(b) such longer period, not more than 180 days after that day, as the Titles Administrator allows.
(9) The Titles Administrator may allow a longer period under paragraph (8)(b) only on written application made by the permittee within the period of 12 months mentioned in paragraph (8)(a).
Variation of application
(10) At any time before an offer document, or notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the Cross‑boundary Authority, vary the application.
(11) A variation of an application must be made in an approved manner.
(12) A variation of an application may be made:
(a) on the applicant’s own initiative; or
(b) at the request of the Cross‑boundary Authority.
(13) A variation of an application may set out any additional matters that the applicant wishes to be considered.
(14) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
(15) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (11).
329B Grant of cross‑boundary greenhouse gas holding lease—offer document
Single identified greenhouse gas storage formation
(1) If:
(a) an application for a greenhouse gas holding lease has been made under subsection 329A(2); and
(b) the Cross‑boundary Authority is satisfied that the applicant is not, at the time of the application, in a position to:
(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation concerned; and
(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation concerned;
but is likely to be in such a position within 15 years; and
(ba) the Cross‑boundary Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the lease; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
(bb) the Cross‑boundary Authority is satisfied of the matters (if any) prescribed by the regulations;
the Cross‑boundary Authority must give the applicant a written notice (called an offer document) telling the applicant that the Cross‑boundary Authority is prepared to grant the applicant a greenhouse gas holding lease over the block or blocks specified in the application, so long as:
(c) in a case where part of the lease area would be in the coastal waters of a State—the State has consented to the giving of the offer document; or
(d) in a case where part of the lease area would be in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429A to provide further information, the Cross‑boundary Authority may refuse to give the applicant an offer document—see subsection 429A(4).
Multiple identified greenhouse gas storage formations
(2) If:
(a) an application for a greenhouse gas holding lease has been made under subsection 329A(3), (4) or (5); and
(b) the Cross‑boundary Authority is satisfied that the applicant is not, at the time of the application, in a position to:
(i) inject a greenhouse gas substance into at least one of the identified greenhouse gas storage formations concerned; and
(ii) permanently store the greenhouse gas substance in at least one of the identified greenhouse gas storage formations concerned;
but is likely to be in such a position within 15 years; and
(ba) the Cross‑boundary Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the lease; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
(bb) the Cross‑boundary Authority is satisfied of the matters (if any) prescribed by the regulations;
the Cross‑boundary Authority must give the applicant a written notice (called an offer document) telling the applicant that the Cross‑boundary Authority is prepared to grant the applicant a greenhouse gas holding lease over the block or blocks specified in the application, so long as:
(c) in a case where part of the lease area would be in the coastal waters of a State—the State has consented to the giving of the offer document; or
(d) in a case where part of the lease area would be in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429A to provide further information, the Cross‑boundary Authority may refuse to give the applicant an offer document—see subsection 429A(4).
329C Refusal to grant cross‑boundary greenhouse gas holding lease
Scope
(1) This section applies if an application for a greenhouse gas holding lease has been made under section 329A.
Refusal notice
(2) If the Cross‑boundary Authority is not satisfied as to:
(a) in the case of an application made under subsection 329A(2)—a matter referred to in paragraph 329B(1)(b) or (1)(ba); or
(b) in the case of an application made under subsection 329A(3), (4) or (5)—a matter referred to in paragraph 329B(2)(b) or (2)(ba);
the Cross‑boundary Authority must, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.
(3) If the Cross‑boundary Authority is not satisfied as to:
(a) in the case of an application made under subsection 329A(2)—a matter (if any) prescribed by the regulations for the purposes of paragraph 329B(1)(bb); or
(b) in the case of an application made under subsection 329A(3), (4) or (5)—a matter (if any) prescribed by the regulations for the purposes of paragraph 329B(2)(bb);
the Cross‑boundary Authority may, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.
329D Grant of cross‑boundary greenhouse gas holding lease
If:
(a) an applicant has been given an offer document under section 329B; and
(b) the applicant has made a request under section 431A in relation to the offer document within the period applicable under that section; and
(c) if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the Cross‑boundary Authority must grant the applicant a greenhouse gas holding lease over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431A within the period applicable under that section, the application lapses at the end of that period—see subsection 431A(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
329E Greenhouse gas assessment permit ceases to be in force when cross‑boundary greenhouse gas holding lease comes into force
When a greenhouse gas holding lease under section 329D comes into force in relation to one or more blocks, a greenhouse gas assessment permit ceases to be in force to the extent to which it relates to those blocks.
329F Greenhouse gas assessment permit transferred—transferee to be treated as applicant
Scope
(1) This section applies if a transfer of a greenhouse gas assessment permit is registered under section 530:
(a) after an application has been made under section 329A for the grant of a greenhouse gas holding lease over a block or blocks in relation to which the greenhouse gas assessment permit is in force; and
(b) before any action has been taken by the Cross‑boundary Authority under section 329B or 329C in relation to the application.
Transferee to be treated as applicant
(2) After the transfer, sections 329A to 329D and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Subdivision B—Application for greenhouse gas holding lease (other than a cross‑boundary greenhouse gas holding lease) by the holder of a greenhouse gas injection licence (other than a cross‑boundary greenhouse gas injection licence)
330 Application for greenhouse gas holding lease (other than a cross‑boundary greenhouse gas holding lease) by the holder of a greenhouse gas injection licence (other than a cross‑boundary greenhouse gas injection licence)
(1) If:
(a) a greenhouse gas injection licence (other than a cross‑boundary greenhouse gas injection licence) is in force over a block or blocks; and
(b) one or more identified greenhouse gas storage formations are wholly situated in the licence area;
the licensee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block or blocks.
Note: For application period, see subsection (3).
(2) An application under this section must:
(a) be in the approved form; and
(b) be accompanied by any information or documents required by the form.
(2A) If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the application period.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
Application period
(3) The application period for an application under this section by a licensee is the period of 5 years that began on the day on which the licence was granted.
Variation of application
(4) At any time before an offer document, or a notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.
(5) A variation of an application must be made in an approved manner.
(6) A variation of an application may be made:
(a) on the applicant’s own initiative; or
(b) at the request of the responsible Commonwealth Minister.
(7) A variation of an application may set out any additional matters that the applicant wishes to be considered.
(8) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
(9) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (5).
331 Grant of greenhouse gas holding lease—offer document
If:
(a) an application for a greenhouse gas holding lease has been made under section 330; and
(b) the responsible Commonwealth Minister is satisfied that the applicant is not, at the time of the application, in a position to:
(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(ii) store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
but is likely to be in such a position within 15 years; and
(c) the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the lease; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
(d) the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister must give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas holding lease over the block or blocks specified in the application.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429 to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document—see subsection 429(3).
332 Refusal to grant greenhouse gas holding lease
(1) If:
(a) an application for a greenhouse gas holding lease has been made under section 330; and
(b) the responsible Commonwealth Minister is not satisfied as to the matter referred to in paragraph 331(b) in relation to the block or blocks specified in the application;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.
Note: Consultation procedures apply—see section 434.
(2) If:
(a) an application for a greenhouse gas holding lease has been made under section 330; and
(b) the responsible Commonwealth Minister is not satisfied of the matter referred to in paragraph 331(c);
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant
Note: Consultation procedures apply—see section 434.
(3) If:
(a) an application for a greenhouse gas holding lease has been made under section 330; and
(b) the responsible Commonwealth Minister is not satisfied of the matters (if any) prescribed by the regulations for the purposes of paragraph 331(d);
the responsible Commonwealth Minister may, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.
Note: Consultation procedures apply—see section 434.
333 Grant of greenhouse gas holding lease
If:
(a) an applicant has been given an offer document under section 331; and
(b) the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
(c) if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must grant the applicant a greenhouse gas holding lease over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
334 Greenhouse gas injection licence ceases to be in force when greenhouse gas holding lease comes into force
When a greenhouse gas holding lease under section 333 comes into force in relation to one or more blocks, a greenhouse gas injection licence ceases to be in force to the extent to which it relates to those blocks.
335 Greenhouse gas injection licence transferred—transferee to be treated as applicant
Scope
(1) This section applies if a transfer of a greenhouse gas injection licence is registered under section 530:
(a) after an application has been made under section 330 for the grant of a greenhouse gas holding lease over the block or blocks in relation to which the greenhouse gas injection licence is in force; and
(b) before any action has been taken by the responsible Commonwealth Minister under section 331 or 332 in relation to the application.
Transferee to be treated as applicant
(2) After the transfer, sections 330 to 333 and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Subdivision BA—Application for cross‑boundary greenhouse gas holding lease by the holder of a cross‑boundary greenhouse gas injection licence
335A Application for cross‑boundary greenhouse gas holding lease by the holder of a cross‑boundary greenhouse gas injection licence
(1) If:
(a) a cross‑boundary greenhouse gas injection licence is in force over a block or blocks; and
(b) one or more identified greenhouse gas storage formations are wholly situated in the licence area; and
(c) either:
(i) in a case where part of the licence area is in the coastal waters of a State—the State has a compatible cross‑boundary law; or
(ii) in a case where part of the licence area is in the coastal waters of the Northern Territory—the Northern Territory has a compatible cross‑boundary law;
the licensee may, within the application period, apply to the Titles Administrator for the grant by the Cross‑boundary Authority of a greenhouse gas holding lease over the block or blocks.
Note: For application period, see subsection (3).
(2) An application under this section must:
(a) be in the approved form; and
(b) be accompanied by any information or documents required by the form.
(2A) If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the application period.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429A enables the Titles Administrator to require the applicant to give further information.
Application period
(3) The application period for an application under this section by a licensee is the period of 5 years that began on the day on which the licence was granted.
Variation of application
(4) At any time before an offer document, or a notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the Cross‑boundary Authority, vary the application.
(5) A variation of an application must be made in an approved manner.
(6) A variation of an application may be made:
(a) on the applicant’s own initiative; or
(b) at the request of the Cross‑boundary Authority.
(7) A variation of an application may set out any additional matters that the applicant wishes to be considered.
(8) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
(9) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (5).
335B Grant of cross‑boundary greenhouse gas holding lease—offer document
If:
(a) an application for a greenhouse gas holding lease has been made under section 335A; and
(b) the Cross‑boundary Authority is satisfied that the applicant is not, at the time of the application, in a position to:
(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(ii) store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
but is likely to be in such a position within 15 years; and
(ba) the Cross‑boundary Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the lease; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
(bb) the Cross‑boundary Authority is satisfied of the matters (if any) prescribed by the regulations;
the Cross‑boundary Authority must give the applicant a written notice (called an offer document) telling the applicant that the Cross‑boundary Authority is prepared to grant the applicant a greenhouse gas holding lease over the block or blocks specified in the application, so long as:
(c) in a case where part of the lease area would be in the coastal waters of a State—the State has consented to the giving of the offer document; or
(d) in a case where part of the lease area would be in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429A to provide further information, the Cross‑boundary Authority may refuse to give the applicant an offer document—see subsection 429A(4).
335C Refusal to grant cross‑boundary greenhouse gas holding lease
(1) If:
(a) an application for a greenhouse gas holding lease has been made under section 335A; and
(b) the Cross‑boundary Authority is not satisfied as to the matter referred to in paragraph 335B(b) in relation to the block or blocks specified in the application;
the Cross‑boundary Authority must, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.
Note: Consultation procedures apply—see section 434A.
(2) If:
(a) an application for a greenhouse gas holding lease has been made under section 335A; and
(b) the Cross‑boundary Authority is not satisfied as to the matter referred to in paragraph 335B(ba);
the Cross‑boundary Authority must, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.
Note: Consultation procedures apply—see section 434A.
(3) If:
(a) an application for a greenhouse gas holding lease has been made under section 335A; and
(b) the Cross‑boundary Authority is not satisfied of the matters (if any) prescribed by the regulations for the purposes of paragraph 335B(bb);
the Cross‑boundary Authority may, by written notice given to the applicant, refuse to grant a greenhouse gas holding lease to the applicant.
Note: Consultation procedures apply—see section 434A.
335D Grant of cross‑boundary greenhouse gas holding lease
If:
(a) an applicant has been given an offer document under section 335B; and
(b) the applicant has made a request under section 431A in relation to the offer document within the period applicable under that section; and
(c) if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the Cross‑boundary Authority must grant the applicant a greenhouse gas holding lease over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431A within the period applicable under that section, the application lapses at the end of that period—see subsection 431A(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
335E Greenhouse gas injection licence ceases to be in force when greenhouse gas holding lease comes into force
When a greenhouse gas holding lease under section 335D comes into force in relation to one or more blocks, a greenhouse gas injection licence ceases to be in force to the extent to which it relates to those blocks.
335F Greenhouse gas injection licence transferred—transferee to be treated as applicant
Scope
(1) This section applies if a transfer of a greenhouse gas injection licence is registered under section 530:
(a) after an application has been made under section 335A for the grant of a greenhouse gas holding lease over the block or blocks in relation to which the greenhouse gas injection licence is in force; and
(b) before any action has been taken by the Cross‑boundary Authority under section 335B or 335C in relation to the application.
Transferee to be treated as applicant
(2) After the transfer, sections 335A to 335D and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Subdivision C—Application for special greenhouse gas holding lease (other than a special cross‑boundary greenhouse gas holding lease) by an unsuccessful applicant for a greenhouse gas injection licence (other than a cross‑boundary greenhouse gas injection licence)
336 Application for special greenhouse gas holding lease (other than a special cross‑boundary greenhouse gas holding lease) by an unsuccessful applicant for a greenhouse gas injection licence (other than a cross‑boundary greenhouse gas injection licence)
(1) If:
(a) either of the following is in force:
(i) a greenhouse gas assessment permit (other than a cross‑boundary greenhouse gas assessment permit);
(ii) a greenhouse gas holding lease (other than a special greenhouse gas holding lease or a cross‑boundary greenhouse gas holding lease); and
(b) one or more identified greenhouse gas storage formations are wholly situated in the permit area or lease area; and
(c) the permittee or lessee makes an application under section 361 for the grant of a greenhouse gas injection licence over the block or blocks in which the identified greenhouse gas storage formation or formations are wholly situated; and
(d) if the applicant holds a greenhouse gas assessment permit—the responsible Commonwealth Minister refuses to grant the greenhouse gas injection licence on a ground covered by paragraph 362(1)(c), (d), (e), (f), (g) or (i); and
(e) if the applicant holds a greenhouse gas holding lease—the responsible Commonwealth Minister refuses to grant the greenhouse gas injection licence on a ground covered by paragraph 362(2)(c), (d), (e), (f), (g) or (i);
the permittee or lessee may, within the application period, apply to the responsible Commonwealth Minister for the grant of a special greenhouse gas holding lease over the block or blocks covered by the unsuccessful application for the greenhouse gas injection licence.
Note: For application period, see subsection (3).
(2) An application under this section must:
(a) be in the approved form; and
(b) be accompanied by any information or documents required by the form.
(2A) If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the application period.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
Application period
(3) The application period for an application under this section by a permittee or lessee is the period of 90 days that began on the day on which the permittee or lessee was notified of the refusal to grant the greenhouse gas injection licence.
Variation of application
(4) At any time before an offer document relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.
(5) A variation of an application must be made in an approved manner.
(6) A variation of an application may be made:
(a) on the applicant’s own initiative; or
(b) at the request of the responsible Commonwealth Minister.
(7) A variation of an application may set out any additional matters that the applicant wishes to be considered.
(8) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
(9) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (5).
337 Grant of special greenhouse gas holding lease—offer document
If:
(a) an application for a special greenhouse gas holding lease has been made under section 336; and
(b) the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the lease; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
(c) the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister must give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a special greenhouse gas holding lease over the block or blocks covered by the application.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429 to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document—see subsection 429(3).
337A Refusal to grant special greenhouse gas holding lease
(1) This section applies if an application for a special greenhouse gas holding lease has been made under section 336.
(2) If the responsible Commonwealth Minister is not satisfied as to the matter in paragraph 337(b), the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant a special greenhouse gas holding lease to the applicant.
(3) If the responsible Commonwealth Minister is not satisfied of the matters (if any) prescribed by the regulations for the purposes of paragraph 337(c), the responsible Commonwealth Minister may, by written notice given to the applicant, refuse to grant a special greenhouse gas holding lease to the applicant.
338 Grant of special greenhouse gas holding lease
(1) If:
(a) an applicant has been given an offer document under section 337; and
(b) the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
(c) if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must grant the applicant a greenhouse gas holding lease over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
(2) A greenhouse gas holding lease granted under subsection (1) is to be known as a special greenhouse gas holding lease.
339 Greenhouse gas assessment permit ceases to be in force when special greenhouse gas holding lease comes into force
When a special greenhouse gas holding lease under section 338 comes into force in relation to one or more blocks, a greenhouse gas assessment permit ceases to be in force to the extent to which it relates to those blocks.
340 Ordinary greenhouse gas holding lease ceases to be in force when special greenhouse gas holding lease comes into force
When a special greenhouse gas holding lease under section 338 comes into force in relation to one or more blocks, a greenhouse gas holding lease (other than a special greenhouse gas holding lease) ceases to be in force to the extent to which it relates to those blocks.
341 Greenhouse gas assessment permit transfer—transferee to be treated as applicant
Scope
(1) This section applies if a transfer of a greenhouse gas assessment permit is registered under section 530:
(a) after an application has been made under section 336 for the grant of a special greenhouse gas holding lease over a block or blocks in relation to which the greenhouse gas assessment permit is in force; and
(b) before any action has been taken by the responsible Commonwealth Minister under section 337 in relation to the application.
Transferee to be treated as applicant
(2) After the transfer, sections 337 and 338 and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
342 Greenhouse gas holding lease transfer—transferee to be treated as applicant
Scope
(1) This section applies if a transfer of a greenhouse gas holding lease is registered under section 530:
(a) after an application has been made under section 336 for the grant of a special greenhouse gas holding lease over a block or blocks in relation to which the first‑mentioned greenhouse gas holding lease is in force; and
(b) before any action has been taken by the responsible Commonwealth Minister under section 337 in relation to the application.
Transferee to be treated as applicant
(2) After the transfer, sections 337 and 338 and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Subdivision CA—Application for special cross‑boundary greenhouse gas holding lease by an unsuccessful applicant for a cross‑boundary greenhouse gas injection licence
342A Application for special cross‑boundary greenhouse gas holding lease by an unsuccessful applicant for a cross‑boundary greenhouse gas injection licence
(1) If:
(a) either of the following is in force:
(i) a cross‑boundary greenhouse gas assessment permit;
(ii) a cross‑boundary greenhouse gas holding lease (other than a special cross‑boundary greenhouse gas holding lease); and
(b) one or more identified greenhouse gas storage formations are wholly situated in the permit area or lease area; and
(c) either:
(i) in a case where part of the permit area or lease area is in the coastal waters of a State—the State has a compatible cross‑boundary law; or
(ii) in a case where part of the permit area or lease area is in the coastal waters of the Northern Territory—the Northern Territory has a compatible cross‑boundary law; and
(d) the permittee or lessee makes an application under section 368A for the grant of a greenhouse gas injection licence over the block or blocks in which the identified greenhouse gas storage formation or formations are wholly situated; and
(e) if the applicant holds a cross‑boundary greenhouse gas assessment permit—the Cross‑boundary Authority refuses to grant the greenhouse gas injection licence on a ground covered by paragraph 368B(1)(c), (d), (e), (f), (g), (h), (i) or (ja); and
(f) if the applicant holds a cross‑boundary greenhouse gas holding lease—the Cross‑boundary Authority refuses to grant the greenhouse gas injection licence on a ground covered by paragraph 368B(2)(c), (d), (e), (f), (g), (h), (i) or (ja);
the permittee or lessee may, within the application period, apply to the Titles Administrator for the grant by the Cross‑boundary Authority of a special cross‑boundary greenhouse gas holding lease over the block or blocks covered by the unsuccessful application for the greenhouse gas injection licence.
Note: For application period, see subsection (3).
(2) An application under this section must:
(a) be in the approved form; and
(b) be accompanied by any information or documents required by the form.
(2A) If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the end of the application period.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429A enables the Titles Administrator to require the applicant to give further information.
Application period
(3) The application period for an application under this section by a permittee or lessee is the period of 90 days that began on the day on which the permittee or lessee was notified of the refusal to grant the greenhouse gas injection licence.
Variation of application
(4) At any time before an offer document relating to the application is given to the applicant, the applicant may, by written notice given to the Cross‑boundary Authority, vary the application.
(5) A variation of an application must be made in an approved manner.
(6) A variation of an application may be made:
(a) on the applicant’s own initiative; or
(b) at the request of the Cross‑boundary Authority.
(7) A variation of an application may set out any additional matters that the applicant wishes to be considered.
(8) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
(9) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (5).
342B Grant of special cross‑boundary greenhouse gas holding lease—offer document
Scope
(1) This section applies if an application for a special cross‑boundary greenhouse gas holding lease has been made under section 342A.
Offer document
(2) The Cross‑boundary Authority must give the applicant a written notice (called an offer document) telling the applicant that the Cross‑boundary Authority is prepared to grant the applicant a special cross‑boundary greenhouse gas holding lease over the block or blocks covered by the application, so long as:
(a) in a case where part of the lease area would be in the coastal waters of a State—the State has consented to the giving of the offer document; and
(b) in a case where part of the lease area would be in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document; and
(c) the Cross‑boundary Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the lease; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
(d) the Cross‑boundary Authority is satisfied of the matters (if any) prescribed by the regulations.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429A to provide further information, the Cross‑boundary Authority may refuse to give the applicant an offer document—see subsection 429A(4).
342BA Refusal to grant special cross‑boundary greenhouse gas holding lease
(1) This section applies if an application for a special cross‑boundary greenhouse gas holding lease has been made under section 342A.
(2) If the Cross‑boundary Authority is not satisfied as to the matter in paragraph 342B(2)(c), the Cross‑boundary Authority must, by written notice given to the applicant, refuse to grant a special cross‑boundary greenhouse gas holding lease to the applicant.
(3) If the Cross‑boundary Authority is not satisfied of the matters (if any) prescribed by the regulations for the purposes of paragraph 342B(2)(d), the Cross‑boundary Authority may, by written notice given to the applicant, refuse to grant a special cross‑boundary greenhouse gas holding lease to the applicant.
342C Grant of special cross‑boundary greenhouse gas holding lease
(1) If:
(a) an applicant has been given an offer document under section 342B; and
(b) the applicant has made a request under section 431A in relation to the offer document within the period applicable under that section; and
(c) if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the Cross‑boundary Authority must grant the applicant a greenhouse gas holding lease over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431A within the period applicable under that section, the application lapses at the end of that period—see subsection 431A(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
(2) A greenhouse gas holding lease granted under subsection (1) is to be known as a special cross‑boundary greenhouse gas holding lease.
342D Greenhouse gas assessment permit ceases to be in force when special cross‑boundary greenhouse gas holding lease comes into force
When a special cross‑boundary greenhouse gas holding lease under section 342C comes into force in relation to one or more blocks, a greenhouse gas assessment permit ceases to be in force to the extent to which it relates to those blocks.
342E Ordinary greenhouse gas holding lease ceases to be in force when special cross‑boundary greenhouse gas holding lease comes into force
When a special cross‑boundary greenhouse gas holding lease under section 342C comes into force in relation to one or more blocks, a greenhouse gas holding lease (other than a special cross‑boundary greenhouse gas holding lease) ceases to be in force to the extent to which it relates to those blocks.
342F Greenhouse gas assessment permit transfer—transferee to be treated as applicant
Scope
(1) This section applies if a transfer of a greenhouse gas assessment permit is registered under section 530:
(a) after an application has been made under section 342A for the grant of a special cross‑boundary greenhouse gas holding lease over a block or blocks in relation to which the greenhouse gas assessment permit is in force; and
(b) before any action has been taken by the Cross‑boundary Authority under section 342B in relation to the application.
Transferee to be treated as applicant
(2) After the transfer, sections 342B and 342C and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
342G Greenhouse gas holding lease transfer—transferee to be treated as applicant
Scope
(1) This section applies if a transfer of a greenhouse gas holding lease is registered under section 530:
(a) after an application has been made under section 342A for the grant of a special cross‑boundary greenhouse gas holding lease over a block or blocks in relation to which the first‑mentioned greenhouse gas holding lease is in force; and
(b) before any action has been taken by the Cross‑boundary Authority under section 342B in relation to the application.
Transferee to be treated as applicant
(2) After the transfer, sections 342B and 342C and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Subdivision D—Application for greenhouse gas holding lease by the holder of a petroleum retention lease
343 Application for greenhouse gas holding lease by the holder of a petroleum retention lease
Scope
(1) This section applies if:
(a) a petroleum retention lease is in force; and
(b) one or more identified greenhouse gas storage formations are wholly situated in the lease area.
Single identified greenhouse gas storage formation
(1A) If:
(a) a single identified greenhouse gas storage formation extends to:
(i) only one block in the lease area; or
(ii) 2 or more blocks in the lease area; and
(b) none of the following is in force over the block or blocks to which the identified greenhouse gas storage formation extends:
(i) a greenhouse gas injection licence;
(ii) a greenhouse gas holding lease;
(iii) a greenhouse gas assessment permit;
the petroleum retention lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block or blocks to which the identified greenhouse gas storage formation extends.
Multiple identified greenhouse gas storage formations
(1B) If:
(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to only one block in the lease area; and
(b) a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and
(c) none of the following is in force over the block to which the identified greenhouse gas storage formations, when considered together, extend:
(i) a greenhouse gas injection licence;
(ii) a greenhouse gas holding lease;
(iii) a greenhouse gas assessment permit;
the petroleum retention lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block to which the identified greenhouse gas storage formations, when considered together, extend.
(1C) If:
(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to:
(i) only one block in the lease area; or
(ii) 2 or more blocks in the lease area; and
(b) a vertical line would pass through a point in each of those identified greenhouse gas storage formations; and
(c) none of the following is in force over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend:
(i) a greenhouse gas injection licence;
(ii) a greenhouse gas holding lease;
(iii) a greenhouse gas assessment permit;
the petroleum retention lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend.
(1D) If:
(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to 2 or more blocks in the lease area; and
(b) a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and
(c) for each identified greenhouse gas storage formation, at least one of the blocks to which the identified greenhouse gas storage formation extends immediately adjoins a block to which the other, or another, of those identified greenhouse gas storage formations extends; and
(d) none of the following is in force over the blocks to which the identified greenhouse gas storage formations, when considered together, extend:
(i) a greenhouse gas injection licence;
(ii) a greenhouse gas holding lease;
(iii) a greenhouse gas assessment permit;
the petroleum retention lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas holding lease over the blocks to which the identified greenhouse gas storage formations, when considered together, extend.
(1E) For the purposes of subsection (1D), a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:
(a) have a side in common; or
(b) are joined together at one point only.
Application
(2) An application under this section must:
(a) be in the approved form; and
(b) be accompanied by any information or documents required by the form.
(2A) If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the 10‑day period that began on the day after the application was made.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
Variation of application
(3) At any time before an offer document relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.
(4) A variation of an application must be made in an approved manner.
(5) A variation of an application may be made:
(a) on the applicant’s own initiative; or
(b) at the request of the responsible Commonwealth Minister.
(6) A variation of an application may set out any additional matters that the applicant wishes to be considered.
(7) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
(8) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).
344 Grant of greenhouse gas holding lease—offer document
Scope
(1) This section applies if an application for a greenhouse gas holding lease has been made under section 343.
Offer document
(2) The responsible Commonwealth Minister must give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas holding lease over the block or blocks covered by the application if:
(a) the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the lease; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
(b) the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: If the applicant breaches a requirement under section 429 to provide further information, the responsible Commonwealth Minister may refuse to give the applicant an offer document—see subsection 429(3).
344A Refusal to grant greenhouse gas holding lease
(1) If:
(a) an application for a greenhouse gas holding lease has been made under section 343; and
(b) the responsible Commonwealth Minister is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the lease; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant the lease to the applicant.
(2) If:
(a) an application for a greenhouse gas holding lease has been made under section 343; and
(b) the responsible Commonwealth Minister is not satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister may, by written notice given to the applicant, refuse to grant the lease to the applicant.
345 Grant of greenhouse gas holding lease
If:
(a) an applicant has been given an offer document under section 344; and
(b) the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
(c) if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must grant the applicant a greenhouse gas holding lease over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
346 Petroleum retention lease transfer—transferee to be treated as applicant
Scope
(1) This section applies if a transfer of a petroleum retention lease is registered under section 479:
(a) after an application has been made under section 343 for the grant of a greenhouse gas holding lease over a block or blocks in relation to which the petroleum retention lease is in force; and
(b) before any action has been taken by the responsible Commonwealth Minister under section 344 in relation to the application.
Transferee to be treated as applicant
(2) After the transfer, sections 344 and 345 and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Division 3—Renewal of greenhouse gas holding leases
Subdivision A—Renewal of a greenhouse gas holding lease (other than a cross‑boundary greenhouse gas holding lease)
347 Application for renewal of greenhouse gas holding lease (other than a cross‑boundary greenhouse gas holding lease)
(1A) This section does not apply to a cross‑boundary greenhouse gas holding lease.
Application for renewal
(1) The registered holder of a greenhouse gas holding lease (other than a special greenhouse gas holding lease) may apply to the responsible Commonwealth Minister for the renewal by the responsible Commonwealth Minister of the lease.
(2) A greenhouse gas holding lease cannot be renewed more than once.
(3) An application to renew a greenhouse gas holding lease must be made:
(a) not more than 12 months before the expiry date of the lease; and
(b) at least 180 days before the expiry date of the lease.
(4) Despite subsection (3), the responsible Commonwealth Minister may accept an application to renew a greenhouse gas holding lease if the application is made:
(a) later than 180 days before the expiry date of the lease; and
(b) before the expiry date of the lease.
(5) An application under this section must:
(a) be in the approved form; and
(b) be accompanied by any information or documents required by the form.
(5A) If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the expiry date of the lease.
(5B) For the purposes of subsection (5A), disregard the effect of subsection (6).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
Extension of duration of greenhouse gas holding lease pending decision on application
(6) If:
(a) a greenhouse gas holding lessee makes an application to renew the lease; and
(b) the lease would, apart from this subsection, expire:
(i) before the responsible Commonwealth Minister grants, or refuses to grant, the renewal of the lease; or
(ii) before the application lapses as provided by section 431;
the lease continues in force:
(c) until the responsible Commonwealth Minister grants, or refuses to grant, the renewal of the lease; or
(d) until the application so lapses;
whichever happens first.
(7) Subsection (6) has effect subject to this Chapter but despite section 322.
Note: See the notes at the end of section 322.
348 Renewal of greenhouse gas holding lease—offer document
Scope
(1) This section applies if an application to renew a greenhouse gas holding lease has been made under section 347.
Offer document—compliance with conditions etc.
(2) If:
(a) each of the following has been complied with:
(i) the conditions to which the greenhouse gas holding lease is, or has from time to time been, subject;
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
(iii) the regulations; and
(b) the responsible Commonwealth Minister is satisfied that the applicant is not, at the time of the application, in a position to:
(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
but is likely to be in such a position within 10 years; and
(c) the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the lease; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
(d) the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister must give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to renew the lease.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Offer document—non‑compliance with conditions etc.
(3) If:
(a) any of:
(i) the conditions to which the greenhouse gas holding lease is, or has from time to time been, subject; or
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
(iii) the provisions of the regulations;
have not been complied with; and
(b) the responsible Commonwealth Minister is satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas holding lease; and
(c) the responsible Commonwealth Minister is satisfied that the applicant is not, at the time of the application, in a position to:
(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
but is likely to be in such a position within 10 years;
the responsible Commonwealth Minister may give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to renew the lease.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
(4) Without limiting paragraph (3)(b), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the lease, the responsible Commonwealth Minister must have regard to:
(a) whether the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the lease; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
(b) any other matters prescribed by the regulations.
349 Refusal to renew greenhouse gas holding lease
Scope
(1) This section applies if an application to renew a greenhouse gas holding lease has been made under section 347.
Refusal on grounds of non‑compliance with conditions
(2) If:
(a) any of:
(i) the conditions to which the greenhouse gas holding lease is, or has from time to time been, subject; or
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
(iii) the provisions of the regulations;
have not been complied with; and
(b) the responsible Commonwealth Minister is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas holding lease;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the lease.
Note: Consultation procedures apply—see section 434.
Refusal on grounds that the applicant is in a position to inject and permanently store a greenhouse gas substance
(3) If the responsible Commonwealth Minister is satisfied that the applicant is, at the time of the application, in a position to:
(a) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(b) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
the responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the lease.
Note: Consultation procedures apply—see section 434.
(4) If:
(a) the responsible Commonwealth Minister makes a decision under subsection (3) refusing to renew the lease; and
(b) a notice of refusal is given to the applicant; and
(c) within 12 months after the notice was given, the lessee applies for a greenhouse gas injection licence over one or more of the blocks comprised in the lease; and
(d) the lease would, apart from this subsection, expire:
(i) before the responsible Commonwealth Minister grants, or refuses to grant, the greenhouse gas injection licence; or
(ii) before the application lapses;
the lease continues in force until:
(e) the responsible Commonwealth Minister grants, or refuses to grant, the greenhouse gas injection licence; or
(f) the application lapses;
whichever happens first.
(5) If:
(a) the responsible Commonwealth Minister makes a decision under subsection (3) refusing to renew the lease; and
(b) a notice of refusal is given to the applicant; and
(c) subsection (4) does not apply; and
(d) the lease would, apart from this subsection, expire within 12 months after the notice was given;
the lease continues in force until the end of the 12‑month period beginning on the day on which the notice was given.
(6) Subsections (4) and (5) have effect subject to this Chapter but despite section 322.
Note: See the notes at the end of section 322.
Refusal on other grounds
(7) The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to renew the lease if the responsible Commonwealth Minister is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(a) carry out the operations and works that will be authorised by the lease; and
(b) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease.
Note: Consultation procedures apply—see section 434.
(8) The responsible Commonwealth Minister may, by written notice given to the applicant, refuse to renew the lease if the responsible Commonwealth Minister is not satisfied of the matters (if any) prescribed by the regulations.
Note: Consultation procedures apply—see section 434.
350 Renewal of greenhouse gas holding lease
If:
(a) an applicant has been given an offer document under section 348; and
(b) the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
(c) if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must renew the greenhouse gas holding lease.
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
Subdivision B—Renewal of a cross‑boundary greenhouse gas holding lease
350A Application for renewal of a cross‑boundary greenhouse gas holding lease
Application for renewal
(1) The registered holder of a cross‑boundary greenhouse gas holding lease (other than a special cross‑boundary greenhouse gas holding lease) may apply to the Titles Administrator for the renewal by the Cross‑boundary Authority of the lease.
(2) Despite subsection (1), an application to renew a cross‑boundary greenhouse gas holding lease must not be made unless:
(a) in a case where part of the lease area is in the coastal waters of a State—the State has a compatible cross‑boundary law; or
(b) in a case where part of the lease area is in the coastal waters of the Northern Territory—the Northern Territory has a compatible cross‑boundary law.
(3) A cross‑boundary greenhouse gas holding lease cannot be renewed more than once.
(4) An application to renew a cross‑boundary greenhouse gas holding lease must be made:
(a) not more than 12 months before the expiry date of the lease; and
(b) at least 180 days before the expiry date of the lease.
(5) Despite subsection (4), the Titles Administrator may accept an application to renew a cross‑boundary greenhouse gas holding lease if the application is made:
(a) later than 180 days before the expiry date of the lease; and
(b) before the expiry date of the lease.
(6) An application to renew a cross‑boundary greenhouse gas holding lease must:
(a) be in the approved form; and
(b) be accompanied by any information or documents required by the form.
(6A) If the approved form requires the application to be accompanied by information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the expiry date of the lease.
(6B) For the purposes of subsection (6A), disregard the effect of subsection (7).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429A enables the Titles Administrator to require the applicant to give further information.
Extension of duration of greenhouse gas holding lease pending decision on application
(7) If:
(a) a cross‑boundary greenhouse gas holding lessee makes an application to renew the lease; and
(b) the lease would, apart from this subsection, expire:
(i) before the Cross‑boundary Authority grants, or refuses to grant, the renewal of the lease; or
(ii) before the application lapses as provided by section 431A;
the lease continues in force:
(c) until the Cross‑boundary Authority grants, or refuses to grant, the renewal of the lease; or
(d) until the application so lapses;
whichever happens first.
(8) Subsection (7) has effect subject to this Chapter but despite section 322.
Note: See the notes at the end of section 322.
350B Renewal of cross‑boundary greenhouse gas holding lease—offer document
Scope
(1) This section applies if an application to renew a greenhouse gas holding lease has been made under section 350A.
Offer document—compliance with conditions etc.
(2) If:
(a) each of the following has been complied with:
(i) the conditions to which the greenhouse gas holding lease is, or has from time to time been, subject;
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
(iii) the regulations; and
(b) the Cross‑boundary Authority is satisfied that the applicant is not, at the time of the application, in a position to:
(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
but is likely to be in such a position within 10 years; and
(ba) the Cross‑boundary Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the lease; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
(bb) the Cross‑boundary Authority is satisfied of the matters (if any) prescribed by the regulations;
the Cross‑boundary Authority must give the applicant a written notice (called an offer document) telling the applicant that the Cross‑boundary Authority is prepared to renew the lease, so long as:
(c) in a case where part of the lease area is in the coastal waters of a State—the State has consented to the giving of the offer document; or
(d) in a case where part of the lease area is in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Offer document—non‑compliance with conditions etc.
(3) If:
(a) any of:
(i) the conditions to which the greenhouse gas holding lease is, or has from time to time been, subject; or
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
(iii) the provisions of the regulations;
have not been complied with; and
(b) the Cross‑boundary Authority is satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas holding lease; and
(c) the Cross‑boundary Authority is satisfied that the applicant is not, at the time of the application, in a position to:
(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
but is likely to be in such a position within 10 years;
the Cross‑boundary Authority may give the applicant a written notice (called an offer document) telling the applicant that the Cross‑boundary Authority is prepared to renew the lease.
Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: See also section 76D.
(4) Without limiting paragraph (3)(b), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the renewal of the lease, the Cross‑boundary Authority must have regard to:
(a) whether the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the lease; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease; and
(b) the matters (if any) prescribed by the regulations.
350C Refusal to renew cross‑boundary greenhouse gas holding lease
Scope
(1) This section applies if an application to renew a greenhouse gas holding lease has been made under section 350A.
Refusal on grounds of non‑compliance with conditions
(2) If:
(a) any of:
(i) the conditions to which the greenhouse gas holding lease is, or has from time to time been, subject; or
(ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or
(iii) the provisions of the regulations;
have not been complied with; and
(b) the Cross‑boundary Authority is not satisfied that there are sufficient grounds to warrant the granting of the renewal of the greenhouse gas holding lease;
the Cross‑boundary Authority must, by written notice given to the applicant, refuse to renew the lease.
Note: Consultation procedures apply—see section 434A.
Refusal on grounds that the applicant is in a position to inject and permanently store a greenhouse gas substance
(3) If the Cross‑boundary Authority is satisfied that the applicant is, at the time of the application, in a position to:
(a) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(b) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned;
the Cross‑boundary Authority must, by written notice given to the applicant, refuse to renew the lease.
Note: Consultation procedures apply—see section 434A.
(4) If:
(a) the Cross‑boundary Authority makes a decision under subsection (3) refusing to renew the lease; and
(b) a notice of refusal is given to the applicant; and
(c) within 12 months after the notice was given, the lessee applies for a greenhouse gas injection licence over one or more of the blocks comprised in the lease; and
(d) the lease would, apart from this subsection, expire:
(i) before the Cross‑boundary Authority grants, or refuses to grant, the greenhouse gas injection licence; or
(ii) before the application lapses;
the lease continues in force until:
(e) the Cross‑boundary Authority grants, or refuses to grant, the greenhouse gas injection licence; or
(f) the application lapses;
whichever happens first.
(5) If:
(a) the Cross‑boundary Authority makes a decision under subsection (3) refusing to renew the lease; and
(b) a notice of refusal is given to the applicant; and
(c) subsection (4) does not apply; and
(d) the lease would, apart from this subsection, expire within 12 months after the notice was given;
the lease continues in force until the end of the 12‑month period beginning on the day on which the notice was given.
(6) Subsections (4) and (5) have effect subject to this Chapter but despite section 322.
Note: See the notes at the end of section 322.
Refusal on other grounds
(7) The Cross‑boundary Authority must, by written notice given to the applicant, refuse to renew the lease if the Cross‑boundary Authority is not satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(a) carry out the operations and works that will be authorised by the lease; and
(b) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the lease.
Note: Consultation procedures apply—see section 434A.
(8) The Cross‑boundary Authority may, by written notice given to the applicant, refuse to renew the lease if the Cross‑boundary Authority is not satisfied of the matters (if any) prescribed by the regulations.
Note: Consultation procedures apply—see section 434A.
350D Renewal of cross‑boundary greenhouse gas holding lease
If:
(a) an applicant has been given an offer document under section 350B; and
(b) the applicant has made a request under section 431A in relation to the offer document within the period applicable under that section; and
(c) if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the Cross‑boundary Authority must renew the greenhouse gas holding lease.
Note 1: If the applicant does not make a request under section 431A within the period applicable under that section, the application lapses at the end of that period—see subsection 431A(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
Division 4—Directions
351 Responsible Commonwealth Minister may give directions to greenhouse gas holding lessees
(1) The responsible Commonwealth Minister may, by written notice given to a greenhouse gas holding lessee, give the lessee a direction for the purpose of:
(a) eliminating; or
(b) mitigating; or
(c) managing;
the risk that operations carried on under the lease could have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(d) an existing petroleum exploration permit; or
(e) an existing petroleum retention lease; or
(f) an existing petroleum production licence; or
(g) a future petroleum exploration permit; or
(h) a future petroleum retention lease; or
(i) a future petroleum production licence.
(2) A direction under this section has effect, and must be complied with, despite:
(a) any previous direction under this section; and
(b) anything in the regulations (other than prescribed regulations, or a prescribed provision of regulations, made under this Act) or the applied provisions.
(3) A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
(4) To avoid doubt, subsection (3) applies to an instrument, whether issued or made in Australia or outside Australia.
(5) A direction under this section may prohibit the doing of an act or thing:
(a) unconditionally; or
(b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
(6) A direction under this section is not a legislative instrument.
352 Compliance with directions
(1) A person commits an offence if:
(a) the person is given a direction under section 351; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches the direction.
Penalty: 100 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Division 5—Special greenhouse gas holding lessee may be requested to apply for a greenhouse gas injection licence
353 Responsible Commonwealth Minister may request special greenhouse gas holding lessee to apply for a greenhouse gas injection licence
(1) If:
(a) a special greenhouse gas holding lease is in force; and
(b) one or more identified greenhouse gas storage formations are wholly situated in the lease area; and
(c) the responsible Commonwealth Minister is satisfied that, if the lessee were to apply under section 361 for the grant of a greenhouse gas injection licence over the block or blocks in which the identified greenhouse gas storage formation or formations are wholly situated, the responsible Commonwealth Minister would not refuse to grant the greenhouse gas injection licence on a ground covered by paragraph 362(2)(c), (d), (e), (f), (g) or (i);
the responsible Commonwealth Minister may, by written notice given to the lessee:
(d) request the lessee to notify the responsible Commonwealth Minister, within 180 days after the day on which the notice is given to the lessee, of the lessee’s intention to apply for the greenhouse gas injection licence; and
(e) request the lessee to apply for the greenhouse gas injection licence within 2 years after the day on which the notice is given to the lessee.
(2) If the lessee does not comply with a request under subsection (1), the responsible Commonwealth Minister may cancel the lease.
Division 5A—Special cross‑boundary greenhouse gas holding lessee may be requested to apply for a cross‑boundary greenhouse gas injection licence
353A Cross‑boundary Authority may request special cross‑boundary greenhouse gas holding lessee to apply for a cross‑boundary greenhouse gas injection licence
(1) If:
(a) a special cross‑boundary greenhouse gas holding lease is in force; and
(b) one or more identified greenhouse gas storage formations are wholly situated in the lease area; and
(c) the Cross‑boundary Authority is satisfied that, if the lessee were to apply under section 368A for the grant of a greenhouse gas injection licence over the block or blocks in which the identified greenhouse gas storage formation or formations are wholly situated, the Cross‑boundary Authority would not refuse to grant the greenhouse gas injection licence on a ground covered by paragraph 368B(2)(c), (d), (e), (f), (g), (h), (i) or (ja);
the Cross‑boundary Authority may, by written notice given to the lessee:
(d) request the lessee to notify the Cross‑boundary Authority, within 180 days after the day on which the notice is given to the lessee, of the lessee’s intention to apply for the greenhouse gas injection licence; and
(e) request the lessee to apply for the greenhouse gas injection licence within 2 years after the day on which the notice is given to the lessee.
(2) If the lessee does not comply with a request under subsection (1), the Cross‑boundary Authority may cancel the lease.
Division 6—Cancellation of certain greenhouse gas holding leases granted to the holders of petroleum retention leases
354 Cancellation of certain greenhouse gas holding leases granted to the holders of petroleum retention leases
Scope
(1) This section applies if:
(a) a greenhouse gas holding lease is tied to a petroleum retention lease; and
(b) the petroleum retention lease is cancelled, surrendered or wholly revoked.
Cancellation of greenhouse gas holding lease
(2) The responsible Commonwealth Minister must cancel the greenhouse gas holding lease.
Part 3.4—Greenhouse gas injection licences
Division 1—General provisions
355 Simplified outline
The following is a simplified outline of this Part:
(a) inject a substance into the seabed or subsoil of an offshore area; or
(b) store (whether on a permanent basis or otherwise) a substance in the seabed or subsoil of an offshore area;
(c) under a greenhouse gas injection licence; or
(d) as otherwise authorised or required by or under this Act or any other law of the Commonwealth; or
(e) if the injection or storage operations are specified in the regulations.
• This Part provides for the grant of greenhouse gas injection licences over blocks in an offshore area.
• A greenhouse gas injection licence authorises the licensee to carry out operations for the injection and permanent storage of greenhouse gas substances in the licence area, so long as the greenhouse gas substance is injected into, or permanently stored in, an identified greenhouse gas storage formation.
• There are 2 ways in which a greenhouse gas injection licence can be granted:
(a) grant of a greenhouse gas injection licence as a result of an application made by a greenhouse gas assessment permittee or greenhouse gas holding lessee;
(b) grant of a greenhouse gas injection licence as a result of an application made by a petroleum production licensee.
Note 1: See also section 295B (permit area of a cross‑boundary greenhouse gas assessment permit is taken to be included in the offshore area).
Note 2: See also section 323B (lease area of a cross‑boundary greenhouse gas holding lease is taken to be included in the offshore area).
356 Prohibition of unauthorised injection and storage of substances in offshore area
(1) A person commits an offence if:
(a) the person carries on operations to inject a substance into the seabed or subsoil of an offshore area; or
(b) the person carries on operations to store (whether on a permanent basis or otherwise) a substance in the seabed or subsoil of an offshore area.
Penalty: Imprisonment for 5 years.
(2) Subsection (1) does not apply if the operations are:
(a) authorised by a greenhouse gas injection licence; or
(b) otherwise authorised or required by or under:
(i) this Act; or
(ii) any other law of the Commonwealth; or
(c) specified in the regulations.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.
357 Rights conferred by greenhouse gas injection licence
(1) A greenhouse gas injection licence authorises the licensee, in accordance with the conditions (if any) to which the licence is subject:
(a) to inject a greenhouse gas substance into an identified greenhouse gas storage formation that is wholly situated in the licence area, so long as the relevant well is situated in the licence area; and
(b) to permanently store a greenhouse gas substance in an identified greenhouse gas storage formation that is wholly situated in the licence area, so long as the injection of the stored greenhouse gas substance takes place at a well situated in the licence area; and
(c) to explore in the licence area for a potential greenhouse gas storage formation; and
(d) to explore in the licence area for a potential greenhouse gas injection site; and
(e) to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation, so long as the relevant well is situated in the licence area; and
(f) to store, on an appraisal basis, a greenhouse gas substance in a part of a geological formation, so long as the injection of the stored greenhouse gas substance takes place at a well situated in the licence area; and
(g) to inject, on an appraisal basis:
(i) air; or
(ii) petroleum; or
(iii) water;
into a part of a geological formation for purposes in connection with the exploration authorised by paragraph (c) or (d), so long as the relevant well is situated in the licence area; and
(h) to store, on an appraisal basis:
(i) air; or
(ii) petroleum; or
(iii) water;
in a part of a geological formation for purposes in connection with the exploration authorised by paragraph (c) or (d), so long as the injection of the stored air, petroleum or water takes place at a well situated in the licence area; and
(i) with the written consent of the responsible Commonwealth Minister, to recover petroleum in the licence area for the sole purpose of appraising a discovery of petroleum that was made as an incidental consequence of:
(i) the injection authorised by paragraph (a), (e) or (g); or
(ii) the exploration authorised by paragraph (c) or (d); and
(j) to carry on such operations, and execute such works, in the licence area as are necessary for those purposes.
(2) The rights conferred on the licensee by subsection (1) are subject to this Act and the regulations.
(3) If petroleum is recovered by the licensee in the licence area as authorised by paragraph (1)(i), the petroleum does not become the property of the licensee.
(4) A greenhouse gas injection licence does not authorise the licensee to make a well outside the licence area.
358 Conditions of greenhouse gas injection licences—general
(1A) This section does not apply to a cross‑boundary greenhouse gas injection licence.
(1) The responsible Commonwealth Minister may grant a greenhouse gas injection licence subject to whatever conditions the responsible Commonwealth Minister thinks appropriate.
(2) The conditions (if any) must be specified in the licence.
Injection and storage of greenhouse gas substance
(3) A greenhouse gas injection licence is subject to the condition that the licensee will not:
(a) inject a greenhouse gas substance into an identified greenhouse gas storage formation that is wholly situated in the licence area; or
(b) permanently store a greenhouse gas substance in an identified greenhouse gas storage formation that is wholly situated in the licence area;
unless:
(c) the identified greenhouse gas storage formation is specified in the licence; and
(d) the greenhouse gas substance is of a kind that is specified in the licence; and
(e) the greenhouse gas substance complies with such requirements (if any) as are specified in the licence; and
(f) the origin or origins of the greenhouse gas substance are as specified in the licence; and
(g) the greenhouse gas substance is injected at a potential greenhouse gas injection site or sites specified in the licence; and
(h) the greenhouse gas substance is injected during a period specified in the licence; and
(i) the sum of:
(i) the total amount of greenhouse gas substance that has already been injected into the identified greenhouse gas storage formation; and
(ii) the total amount of greenhouse gas substance that is proposed to be injected into the identified greenhouse gas storage formation;
does not exceed the amount specified in the licence; and
(j) the rate, or range of rates, of injection of the greenhouse gas substance is as specified in the licence; and
(k) in a case where the fundamental suitability determinants of the identified greenhouse gas storage formation include particular engineering enhancements—those engineering enhancements have been made.
(4) The matters specified in the licence as mentioned in paragraphs (3)(d) to (k) must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.
(5) To avoid doubt, 2 or more identified greenhouse gas storage formations may be specified in a greenhouse gas injection licence as mentioned in paragraph (3)(c).
(6) If 2 or more identified greenhouse gas storage formations are specified in a greenhouse gas injection licence, different matters may be specified in the licence as mentioned in paragraphs (3)(d) to (j) for different identified greenhouse gas storage formations.
(7) For the purposes of paragraph (3)(f), disregard any incidental greenhouse gas‑related substances in determining the origin of a greenhouse gas substance.
(8) If a greenhouse gas injection licence is granted under section 372 to the registered holder of a petroleum production licence on the basis that the responsible Commonwealth Minister is satisfied of the matter set out in subparagraph 370(c)(i), the origin or origins specified under paragraph (3)(f) of this section must be situated in the licence area of the petroleum production licence.
(8A) If a greenhouse gas injection licence is granted under section 372 to the registered holder of a petroleum production licence on the basis that the responsible Commonwealth Minister is satisfied of the matter set out in subparagraph 370(c)(ii), the specified origin or origins of some or all of the greenhouse gas substance must be situated in:
(a) the licence area of a petroleum production licence; or
(b) the licence areas of petroleum production licences.
(9) If a greenhouse gas injection licence is tied to a petroleum production licence, the origin or origins specified under paragraph (3)(f) of this section must be situated in the licence area of the petroleum production licence.
(10) The condition mentioned in subsection (3) must be specified in the licence.
Securities
(11) A greenhouse gas injection licence is subject to the condition that, if the licensee is given a notice under section 454, the licensee will comply with the notice.
Access regime
(12) A greenhouse gas injection licence is subject to the condition that, if:
(a) regulations are made for the purposes of subsection (13); and
(b) those regulations impose requirements on the licensee;
the licensee will comply with those requirements.
(13) The regulations may establish a regime for third party access to services provided by means of the use of:
(a) identified greenhouse gas storage formations; or
(b) wells, equipment or structures for use in injecting greenhouse gas substances into identified greenhouse gas storage formations; or
(c) equipment or structures for use in the processing, compressing or storing of greenhouse gas substances prior to the injection of the substances into identified greenhouse gas storage formations.
(13A) The regime established under subsection (13) does not apply to an identified greenhouse gas storage formation that is wholly situated in the licence area of a cross‑boundary greenhouse gas injection licence.
Imposition of additional conditions
(14) The responsible Commonwealth Minister may, by written notice given to the registered holder of a greenhouse gas injection licence, vary the licence by imposing one or more conditions to which the licence is subject.
(15) A variation of a greenhouse gas injection licence under subsection (14) takes effect on the day on which notice of the variation is given to the licensee.
(16) If:
(a) a greenhouse gas injection licence is subject to a condition; and
(b) the condition was imposed under subsection (14);
the responsible Commonwealth Minister may, by written notice given to the licensee, vary or revoke the condition.
(17) A variation of a greenhouse gas injection licence under subsection (16) takes effect on the day on which notice of the variation is given to the licensee.
(18) Subsection (17) does not limit section 436.
Other provisions
(19) Despite subsection (2), the conditions mentioned in subsections (11) and (12) do not need to be specified in the licence.
(20) Subsections (3), (11) and (12) do not limit subsection (1) or (14).
358A Conditions of cross‑boundary greenhouse gas injection licences
(1) The Cross‑boundary Authority may grant a cross‑boundary greenhouse gas injection licence subject to whatever conditions the Cross‑boundary Authority thinks appropriate.
(2) The conditions (if any) must be specified in the licence.
Injection and storage of greenhouse gas substance
(3) A cross‑boundary greenhouse gas injection licence is subject to the condition that the licensee will not:
(a) inject a greenhouse gas substance into an identified greenhouse gas storage formation that is wholly situated in the licence area; or
(b) permanently store a greenhouse gas substance in an identified greenhouse gas storage formation that is wholly situated in the licence area;
unless:
(c) the identified greenhouse gas storage formation is specified in the licence; and
(d) the greenhouse gas substance is of a kind that is specified in the licence; and
(e) the greenhouse gas substance complies with such requirements (if any) as are specified in the licence; and
(f) the origin or origins of the greenhouse gas substance are as specified in the licence; and
(g) the greenhouse gas substance is injected at a potential greenhouse gas injection site or sites specified in the licence; and
(h) the greenhouse gas substance is injected during a period specified in the licence; and
(i) the sum of:
(i) the total amount of greenhouse gas substance that has already been injected into the identified greenhouse gas storage formation; and
(ii) the total amount of greenhouse gas substance that is proposed to be injected into the identified greenhouse gas storage formation;
does not exceed the amount specified in the licence; and
(j) the rate, or range of rates, of injection of the greenhouse gas substance is as specified in the licence; and
(k) in a case where the fundamental suitability determinants of the identified greenhouse gas storage formation include particular engineering enhancements—those engineering enhancements have been made.
(4) The matters specified in the licence as mentioned in paragraphs (3)(d) to (k) must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.
(5) To avoid doubt, 2 or more identified greenhouse gas storage formations may be specified in a cross‑boundary greenhouse gas injection licence as mentioned in paragraph (3)(c).
(6) If 2 or more identified greenhouse gas storage formations are specified in a cross‑boundary greenhouse gas injection licence, different matters may be specified in the licence as mentioned in paragraphs (3)(d) to (j) for different identified greenhouse gas storage formations.
(7) For the purposes of paragraph (3)(f), disregard any incidental greenhouse gas‑related substances in determining the origin of a greenhouse gas substance.
(8) The condition mentioned in subsection (3) must be specified in the licence.
Securities
(9) A cross‑boundary greenhouse gas injection licence is subject to the condition that, if the licensee is given a notice under section 454, the licensee will comply with the notice.
Access regime
(10) A cross‑boundary greenhouse gas injection licence is subject to the condition that, if:
(a) regulations are made for the purposes of subsection (11); and
(b) those regulations impose requirements on the licensee;
the licensee will comply with those requirements.
(11) The regulations may establish a regime for third party access to services provided by means of the use of:
(a) identified greenhouse gas storage formations; or
(b) wells, equipment or structures for use in injecting greenhouse gas substances into identified greenhouse gas storage formations; or
(c) equipment or structures for use in the processing, compressing or storing of greenhouse gas substances prior to the injection of the substances into identified greenhouse gas storage formations.
(12) The regime established under subsection (11) does not apply to an identified greenhouse gas storage formation unless the formation is wholly situated in the licence area of a cross‑boundary greenhouse gas injection licence.
Imposition of additional conditions
(13) The Cross‑boundary Authority may, by written notice given to the registered holder of a cross‑boundary greenhouse gas injection licence, vary the licence by imposing one or more conditions to which the licence is subject.
(14) A variation of a cross‑boundary greenhouse gas injection licence under subsection (13) takes effect on the day on which notice of the variation is given to the licensee.
(15) If:
(a) a cross‑boundary greenhouse gas injection licence is subject to a condition; and
(b) the condition was imposed under subsection (13);
the Cross‑boundary Authority may, by written notice given to the licensee, vary or revoke the condition.
(16) A variation of a cross‑boundary greenhouse gas injection licence under subsection (15) takes effect on the day on which notice of the variation is given to the licensee.
(17) Subsection (16) does not limit section 439A.
Other provisions
(18) Despite subsection (2), the conditions mentioned in subsections (9) and (10) do not need to be specified in the licence.
(19) Subsections (3), (9) and (10) do not limit subsection (1) or (13).
359 Duration of greenhouse gas injection licence
(1) A greenhouse gas injection licence remains in force indefinitely.
(2) Subsection (1) has effect subject to this Chapter.
Note 1: For special rules about when a greenhouse gas injection licence ceases to be in force following the grant of a greenhouse gas holding lease, see sections 334 and 335E.
Note 2: For the termination of a greenhouse gas injection licence if there have been no injection operations for 5 years, see section 360.
Note 3: For the surrender of a greenhouse gas injection licence, see Part 3.10.
Note 4: For the cancellation of a greenhouse gas injection licence, see Part 3.11.
360 Termination of greenhouse gas injection licence if no injection operations for 5 years
Scope
(1) This section applies to a greenhouse gas injection licence if:
(a) both:
(i) a single identified greenhouse gas storage formation is specified in the licence; and
(ii) no operations to inject a greenhouse gas substance into the identified greenhouse gas storage formation have been carried on under the licence at any time during a continuous period of at least 5 years; or
(b) both:
(i) 2 or more identified greenhouse gas storage formations are specified in the licence; and
(ii) no operations to inject a greenhouse gas substance into any of those identified greenhouse gas storage formations have been carried on under the licence at any time during a continuous period of at least 5 years.
Termination of licence
(2) The responsible Commonwealth Minister may, by written notice given to the licensee, tell the licensee that the responsible Commonwealth Minister proposes to terminate the licence after the end of 30 days after the notice is given.
(3) At any time after the end of 30 days after the notice is given to the licensee, the responsible Commonwealth Minister may, by written notice given to the licensee, terminate the licence.
Note: For remedial directions following termination, see sections 594A and 595.
(4) In working out, for the purposes of this section, the period in which no operations to inject a greenhouse gas substance into an identified greenhouse gas storage formation were carried on under a greenhouse gas injection licence, disregard:
(a) any period in which no such operations were carried on because of circumstances beyond the licensee’s control; and
(b) any period in which no such operations were carried on because of a suspension under section 383.
(5) For the purposes of paragraph (4)(a), the failure to obtain a greenhouse gas substance for injection into an identified greenhouse gas storage formation is not a circumstance beyond the licensee’s control.
Consultation
(6) The responsible Commonwealth Minister may give a copy of a notice under subsection (2) to such other persons (if any) as the responsible Commonwealth Minister thinks fit.
(7) A notice under subsection (2) must:
(a) invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal to terminate the licence; and
(b) specify a time limit for making that submission.
(8) In deciding whether to terminate the licence, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.
360A Licence area of a cross‑boundary greenhouse gas injection licence is taken to be included in the offshore area
Offshore area of a State
(1) If any part of the licence area of a cross‑boundary greenhouse gas injection licence is included in the offshore area of a State, the whole of the licence area is taken, for all purposes of:
(a) this Chapter and regulations made for the purposes of this Chapter; and
(b) the remaining provisions of this Act and the regulations, so far as they relate to:
(i) this Chapter; or
(ii) exploring for a potential greenhouse gas storage formation; or
(iii) exploring for a potential greenhouse gas injection site; or
(iv) the injection of a greenhouse gas substance; or
(v) the storage of a greenhouse gas substance;
to be included in the offshore area of the State.
Principal Northern Territory offshore area
(2) If any part of the licence area of a cross‑boundary greenhouse gas injection licence is included in the Principal Northern Territory offshore area, the whole of the licence area is taken, for all purposes of:
(a) this Chapter and regulations made for the purposes of this Chapter; and
(b) the remaining provisions of this Act and the regulations, so far as they relate to:
(i) this Chapter; or
(ii) exploring for a potential greenhouse gas storage formation; or
(iii) exploring for a potential greenhouse gas injection site; or
(iv) the injection of a greenhouse gas substance; or
(v) the storage of a greenhouse gas substance;
to be included in the Principal Northern Territory offshore area.
Division 2—Obtaining a greenhouse gas injection licence
Subdivision A—Application for greenhouse gas injection licence (other than a cross‑boundary greenhouse gas injection licence) by the holder of a greenhouse gas assessment permit (other than a cross‑boundary greenhouse gas assessment permit) or greenhouse gas holding lease (other than a cross‑boundary greenhouse gas holding lease)
361 Application for greenhouse gas injection licence (other than a cross‑boundary greenhouse gas injection licence) by greenhouse gas assessment permittee (other than a cross‑boundary greenhouse gas assessment permittee) or greenhouse gas holding lessee (other than a cross‑boundary greenhouse gas holding lessee)
Scope
(1) This section applies if:
(a) a greenhouse gas assessment permit (other than a cross‑boundary greenhouse gas assessment permit) or greenhouse gas holding lease (other than a cross‑boundary greenhouse gas holding lease) is in force; and
(b) one or more identified greenhouse gas storage formations are wholly situated in the permit area or lease area.
Single identified greenhouse gas storage formation
(2) If a single identified greenhouse gas storage formation extends to:
(a) only one block in the permit area or lease area; or
(b) 2 or more blocks in the permit area or lease area;
the permittee or lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the block or blocks to which the identified greenhouse gas storage formation extends.
Multiple identified greenhouse gas storage formations
(3) If:
(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to only one block in the permit area or lease area; and
(b) a vertical line would not pass through a point in each of those identified greenhouse gas storage formations;
the permittee or lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the block to which the identified greenhouse gas storage formations extend.
(4) If:
(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to:
(i) only one block in the permit area or lease area; or
(ii) 2 or more blocks in the permit area or lease area; and
(b) a vertical line would pass through a point in each of those identified greenhouse gas storage formations;
the permittee or lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend.
(5) If:
(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to 2 or more blocks in the permit area or lease area; and
(b) a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and
(c) for each identified greenhouse gas storage formation, at least one of the blocks to which the identified greenhouse gas storage formation extends immediately adjoins a block to which the other, or another, of those identified greenhouse gas storage formations extends;
the permittee or lessee may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas injection licence over the blocks to which the identified greenhouse gas storage formations, when considered together, extend.
(6) For the purposes of subsection (5), a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:
(a) have a side in common; or
(b) are joined together at one point only.
Limit on application
(7) If a greenhouse gas holding lease was granted under section 345 (or was granted by way of renewal of such a lease), the lessee is not entitled to make an application under this section unless:
(a) the greenhouse gas holding lease is tied to a petroleum production licence; and
(b) the lessee is the registered holder of the petroleum production licence.
Application
(8) An application under this section must set out, for each identified greenhouse gas storage formation, each of the matters which the applicant seeks to have specified in the licence as mentioned in paragraphs 358(3)(d) to (k).
(9) The matters set out in the application in accordance with subsection (8) must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.
(10) An application under this section must:
(a) be in the approved form; and
(b) be accompanied by a draft site plan for the identified greenhouse gas storage formation or draft site plans for each of the identified greenhouse gas storage formations; and
(c) be accompanied by any other information or documents required by the form.
(10A) An application under this section is taken to be accompanied by the draft site plan or plans referred to in paragraph (10)(b) if the plan or plans are given to the responsible Commonwealth Minister before the end of the 10‑day period that began on the day after the application was made.
(10B) If the approved form requires the application to be accompanied by any other information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the responsible Commonwealth Minister before the end of the 10‑day period that began on the day after the application was made.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
Variation of application
(11) At any time before an offer document, or a notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.
(12) A variation of an application must be made in an approved manner.
(13) A variation of an application may be made:
(a) on the applicant’s own initiative; or
(b) at the request of the responsible Commonwealth Minister.
(14) A variation of an application may set out any additional matters that the applicant wishes to be considered.
(15) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
(16) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (12).
362 Offer document
Application by permittee
(1) If:
(a) an application for the grant of a greenhouse gas injection licence has been made under section 361 by a greenhouse gas assessment permittee; and
(b) the responsible Commonwealth Minister is satisfied that, if the greenhouse gas injection licence were granted to the applicant, the applicant will, within 5 years after the grant, commence operations to:
(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(c) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(i) an existing post‑commencement petroleum exploration permit; or
(ii) an existing post‑commencement petroleum retention lease (other than a petroleum retention lease granted under section 150); or
(iii) a future post‑commencement petroleum production licence over the block or any of the blocks to which an existing post‑commencement petroleum exploration permit, or an existing post‑commencement petroleum retention lease (other than a petroleum retention lease granted under section 150), relates;
the responsible Commonwealth Minister is satisfied that the grant of the greenhouse gas injection licence is in the public interest; and
(d) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(i) an existing pre‑commencement petroleum title held by a person other than the applicant; or
(ii) an existing petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the registered holder of the pre‑commencement petroleum title or the petroleum production licence, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which Part 4.6 applies—the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
(v) to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
(e) if:
(i) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre‑commencement petroleum title over a block or blocks; and
(ii) the existing pre‑commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the registered holder of the existing pre‑commencement petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which Part 4.6 applies—the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
(v) to the extent to which the agreement is a dealing to which Part 4.6 would apply if the future pre‑commencement petroleum title were to come into existence—it is reasonably likely that the dealing would, after the future pre‑commencement petroleum title comes into existence, be approved under section 493; and
(vi) to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
(f) if:
(i) the responsible Commonwealth Minister is satisfied that the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum; and
(ii) the block or blocks as to which the responsible Commonwealth Minister is so satisfied are within the licence area of a petroleum production licence, the permit area of a pre‑commencement petroleum exploration permit or the lease area of a pre‑commencement petroleum retention lease; and
(iii) the recovery of the petroleum passes the commercial viability test set out in subsection (5);
the responsible Commonwealth Minister is satisfied that there is no significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on operations to recover the petroleum; and
(g) the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the licence; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
(h) the responsible Commonwealth Minister is satisfied that the draft site plan that accompanied the application satisfies the criteria specified in the regulations; and
(i) the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister must give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas injection licence over the block or blocks specified in the application, on the basis that the matters to be specified in the greenhouse gas injection licence as mentioned in paragraphs 358(3)(d) to (k) will be in accordance with the application.
Application by lessee
(2) If:
(a) an application for the grant of a greenhouse gas injection licence has been made under section 361 by a greenhouse gas holding lessee; and
(b) the responsible Commonwealth Minister is satisfied that, if the greenhouse gas injection licence were granted to the applicant, the applicant will, within 5 years after the grant, commence operations to:
(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(c) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(i) an existing post‑commencement petroleum exploration permit; or
(ii) an existing post‑commencement petroleum retention lease (other than a petroleum retention lease granted under section 150); or
(iii) a future post‑commencement petroleum production licence over the block or any of the blocks to which an existing post‑commencement petroleum exploration permit, or an existing post‑commencement petroleum retention lease (other than a petroleum retention lease granted under section 150), relates;
the responsible Commonwealth Minister is satisfied that the grant of the greenhouse gas injection licence is in the public interest; and
(d) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(i) an existing pre‑commencement petroleum title held by a person other than the applicant; or
(ii) an existing petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the registered holder of the pre‑commencement petroleum title or the petroleum production licence, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which Part 4.6 applies—the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
(v) to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
(e) if:
(i) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre‑commencement petroleum title over a block or blocks; and
(ii) the existing pre‑commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the registered holder of the existing pre‑commencement petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which Part 4.6 applies—the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
(v) to the extent to which the agreement is a dealing to which Part 4.6 would apply if the future pre‑commencement petroleum title were to come into existence—it is reasonably likely that the dealing would, after the future pre‑commencement petroleum title comes into existence, be approved under section 493; and
(vi) to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
(f) if:
(i) the responsible Commonwealth Minister is satisfied that the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum; and
(ii) the block or blocks as to which the responsible Commonwealth Minister is so satisfied are within the licence area of a petroleum production licence, the permit area of a pre‑commencement petroleum exploration permit or the lease area of a pre‑commencement petroleum retention lease; and
(iii) the recovery of the petroleum passes the commercial viability test set out in subsection (5);
the responsible Commonwealth Minister is satisfied that there is no significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on operations to recover the petroleum; and
(g) the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the licence; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
(h) the responsible Commonwealth Minister is satisfied that the draft site plan that accompanied the application satisfies the criteria specified in the regulations; and
(i) the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the responsible Commonwealth Minister must give the applicant a written notice (called an offer document) telling the applicant that the responsible Commonwealth Minister is prepared to grant the applicant a greenhouse gas injection licence over the block or blocks specified in the application, on the basis that the matters to be specified in the greenhouse gas injection licence as mentioned in paragraphs 358(3)(d) to (k) will be in accordance with the application.
Public interest
(3) For the purposes of paragraphs (1)(c) and (2)(c), in considering whether the grant of the greenhouse gas injection licence is in the public interest, the responsible Commonwealth Minister must have regard to:
(a) whether the registered holder of the existing post‑commencement petroleum exploration permit or existing post‑commencement petroleum retention lease, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(b) if so—the terms of that agreement.
(4) Subsection (3) does not limit the matters to which the responsible Commonwealth Minister may have regard.
Commercial viability test
(5) For the purposes of subparagraphs (1)(f)(iii) and (2)(f)(iii), the recovery of petroleum passes the commercial viability test if, and only if, the responsible Commonwealth Minister is satisfied that:
(a) the recovery is commercially viable; or
(b) the recovery is not commercially viable, but is likely to become commercially viable within 15 years.
Deferral of decision
(6) This section has effect subject to section 365.
363 Refusal to grant greenhouse gas injection licence
Scope
(1) This section applies if:
(a) an application for a greenhouse gas injection licence has been made under section 361; and
(b) the responsible Commonwealth Minister is not required by section 362 to give the applicant an offer document.
Notice
(2) The responsible Commonwealth Minister must, by written notice given to the applicant, refuse to grant the applicant a greenhouse gas injection licence.
Deferral of decision
(3) This section has effect subject to section 365.
364 Grant of greenhouse gas injection licence
If:
(a) an applicant has been given an offer document under section 362; and
(b) the applicant has made a request under section 431 in relation to the offer document within the period applicable under that section; and
(c) if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the responsible Commonwealth Minister must grant the applicant a greenhouse gas injection licence over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431 within the period applicable under that section, the application lapses at the end of that period—see subsection 431(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
365 Deferral of decision to grant greenhouse gas injection licence—pending application for post‑commencement petroleum exploration permit
Scope
(1) This section applies if:
(a) an application for the grant of a greenhouse gas injection licence has been made under section 361; and
(b) when the application for the greenhouse gas injection licence was made, an application for a post‑commencement petroleum exploration permit was being considered by the Joint Authority; and
(c) the responsible Commonwealth Minister considers that it would be in the public interest to defer taking any action under section 362 or 363 in relation to the application for the grant of the greenhouse gas injection licence until the application for the post‑commencement petroleum exploration permit is finalised.
Deferral
(2) The responsible Commonwealth Minister must not take any action under section 362 or 363 in relation to the application for the greenhouse gas injection licence until 24 hours after whichever of the following events happens first:
(a) the Joint Authority grants the post‑commencement petroleum exploration permit to the applicant for the permit;
(b) the application for the post‑commencement petroleum exploration permit lapses;
(c) the Joint Authority refuses to grant the post‑commencement petroleum exploration permit to the applicant for the permit.
366 Greenhouse gas assessment permit or greenhouse gas holding lease ceases to be in force when greenhouse gas injection licence comes into force
When a greenhouse gas injection licence under section 364 comes into force in relation to one or more blocks, a greenhouse gas assessment permit or greenhouse gas holding lease ceases to be in force to the extent to which it relates to those blocks.
367 Greenhouse gas assessment permit transfer—transferee to be treated as applicant
Scope
(1) This section applies if a transfer of a greenhouse gas assessment permit is registered under section 530:
(a) after an application has been made under section 361 for the grant of a greenhouse gas injection licence over a block or blocks in relation to which the greenhouse gas assessment permit is in force; and
(b) before any action has been taken by the responsible Commonwealth Minister under section 362 or 363 in relation to the application.
Transferee to be treated as applicant
(2) After the transfer, sections 361 to 364 and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
368 Greenhouse gas holding lease transfer—transferee to be treated as applicant
Scope
(1) This section applies if a transfer of a greenhouse gas holding lease is registered under section 530:
(a) after an application has been made under section 361 for the grant of a greenhouse gas injection licence over a block or blocks in relation to which the greenhouse gas holding lease is in force; and
(b) before any action has been taken by the responsible Commonwealth Minister under section 362 or 363 in relation to the application.
Transferee to be treated as applicant
(2) After the transfer, sections 361 to 364 and Part 3.8 have effect in relation to the application as if any reference in those sections and that Part to the applicant were a reference to the transferee.
Subdivision AA—Application for cross‑boundary greenhouse gas injection licence by the holder of a cross‑boundary greenhouse gas assessment permit or cross‑boundary greenhouse gas holding lease
368A Application for cross‑boundary greenhouse gas injection licence by cross‑boundary greenhouse gas assessment permittee or cross‑boundary greenhouse gas holding lessee
Scope
(1) This section applies if:
(a) a cross‑boundary greenhouse gas assessment permit or a cross‑boundary greenhouse gas holding lease is in force; and
(b) one or more identified greenhouse gas storage formations are wholly situated in the permit area or lease area; and
(c) either:
(i) in a case where part of the permit area or lease area is in the coastal waters of a State—the State has a compatible cross‑boundary law; or
(ii) in a case where part of the permit area or lease area is in the coastal waters of the Northern Territory—the Northern Territory has a compatible cross‑boundary law.
Single identified greenhouse gas storage formation
(2) If a single identified greenhouse gas storage formation extends to:
(a) only one block in the permit area or lease area; or
(b) 2 or more blocks in the permit area or lease area;
the permittee or lessee may apply to the Titles Administrator for the grant by the Cross‑boundary Authority of a greenhouse gas injection licence over the block or blocks to which the identified greenhouse gas storage formation extends.
Multiple identified greenhouse gas storage formations
(3) If:
(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to only one block in the permit area or lease area; and
(b) a vertical line would not pass through a point in each of those identified greenhouse gas storage formations;
the permittee or lessee may apply to the Titles Administrator for the grant by the Cross‑boundary Authority of a greenhouse gas injection licence over the block to which the identified greenhouse gas storage formations extend.
(4) If:
(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to:
(i) only one block in the permit area or lease area; or
(ii) 2 or more blocks in the permit area or lease area; and
(b) a vertical line would pass through a point in each of those identified greenhouse gas storage formations;
the permittee or lessee may apply to the Titles Administrator for the grant by the Cross‑boundary Authority of a greenhouse gas injection licence over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend.
(5) If:
(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to 2 or more blocks in the permit area or lease area; and
(b) a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and
(c) for each identified greenhouse gas storage formation, at least one of the blocks to which the identified greenhouse gas storage formation extends immediately adjoins a block to which the other, or another, of those identified greenhouse gas storage formations extends;
the permittee or lessee may apply to the Titles Administrator for the grant by the Cross‑boundary Authority of a greenhouse gas injection licence over the blocks to which the identified greenhouse gas storage formations, when considered together, extend.
(6) For the purposes of subsection (5), a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block:
(a) have a side in common; or
(b) are joined together at one point only.
Application
(7) An application under this section must set out, for each identified greenhouse gas storage formation, each of the matters which the applicant seeks to have specified in the licence as mentioned in paragraphs 358A(3)(d) to (k).
(8) The matters set out in the application in accordance with subsection (7) must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.
(9) An application under this section must:
(a) be in the approved form; and
(b) be accompanied by a draft site plan for the identified greenhouse gas storage formation or draft site plans for each of the identified greenhouse gas storage formations; and
(c) be accompanied by any other information or documents required by the form.
(9A) An application under this section is taken to be accompanied by the draft site plan or plans referred to in paragraph (9)(b) if the plan or plans are given to the Titles Administrator before the expiry date of the cross‑boundary greenhouse gas assessment permit or a cross‑boundary greenhouse gas holding lease (as the case may be).
(9B) If the approved form requires the application to be accompanied by any other information or documents, an application under this section is taken to be accompanied by the information or documents if the information or documents are given to the Titles Administrator before the expiry date of the cross‑boundary greenhouse gas assessment permit or a cross‑boundary greenhouse gas holding lease (as the case may be).
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429A enables the Titles Administrator to require the applicant to give further information.
Variation of application
(10) At any time before an offer document, or a notice of refusal, relating to the application is given to the applicant, the applicant may, by written notice given to the Cross‑boundary Authority, vary the application.
(11) A variation of an application must be made in an approved manner.
(12) A variation of an application may be made:
(a) on the applicant’s own initiative; or
(b) at the request of the Cross‑boundary Authority.
(13) A variation of an application may set out any additional matters that the applicant wishes to be considered.
(14) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
(15) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (11).
368B Grant of cross‑boundary greenhouse gas injection licence—offer document
Application by permittee
(1) If:
(a) an application for the grant of a greenhouse gas injection licence has been made under section 368A by a greenhouse gas assessment permittee; and
(b) the Cross‑boundary Authority is satisfied that, if the greenhouse gas injection licence were granted to the applicant, the applicant will, within 5 years after the grant, commence operations to:
(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(c) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(i) an existing post‑commencement petroleum exploration permit; or
(ii) an existing post‑commencement petroleum retention lease (other than a petroleum retention lease granted under section 150); or
(iii) a future post‑commencement petroleum production licence over the block or any of the blocks to which an existing post‑commencement petroleum exploration permit, or an existing post‑commencement petroleum retention lease (other than a petroleum retention lease granted under section 150), relates; or
(iv) an existing post‑commencement State/Territory petroleum exploration title; or
(v) an existing post‑commencement State/Territory petroleum retention title (other than a State/Territory petroleum retention title granted under a provision of a law of a State or Territory that corresponds to section 150); or
(vi) a future post‑commencement State/Territory petroleum production title over the State/Territory block or any of the State/Territory blocks to which an existing post‑commencement State/Territory petroleum exploration title, or an existing post‑commencement State/Territory petroleum retention title (other than a State/Territory petroleum retention title granted under a provision of a law of a State or Territory that corresponds to section 150), relates;
the responsible Commonwealth Minister is satisfied that the grant of the greenhouse gas injection licence is in the public interest; and
(d) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(i) an existing pre‑commencement petroleum title held by a person other than the applicant; or
(ii) an existing petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the registered holder of the pre‑commencement petroleum title or the petroleum production licence, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which Part 4.6 applies—the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
(v) to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
(e) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(i) an existing pre‑commencement State/Territory petroleum title held by a person other than the applicant; or
(ii) an existing State/Territory petroleum production title held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the holder of the pre‑commencement State/Territory petroleum title or the State/Territory petroleum production title, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 4.6 apply—the dealing has been approved under a provision of a law of the relevant State or Territory that corresponds to section 493 or the relevant State/Territory greenhouse gas storage administrator has notified the responsible Commonwealth Minister that the dealing is reasonably likely to be approved under that provision; and
(f) if:
(i) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre‑commencement petroleum title over a block or blocks; and
(ii) the existing pre‑commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the registered holder of the existing pre‑commencement petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which Part 4.6 applies—the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
(v) to the extent to which the agreement is a dealing to which Part 4.6 would apply if the future pre‑commencement petroleum title were to come into existence—it is reasonably likely that the dealing would, after the future pre‑commencement petroleum title comes into existence, be approved under section 493; and
(vi) to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
(g) if:
(i) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre‑commencement State/Territory petroleum title over a State/Territory block or State/Territory blocks; and
(ii) the existing pre‑commencement State/Territory petroleum title in force over the State/Territory block or any of the State/Territory blocks is held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the holder of the existing pre‑commencement State/Territory petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 4.6 apply—the dealing has been approved under a provision of a law of the relevant State or Territory that corresponds to section 493 or the relevant State/Territory greenhouse gas storage administrator has notified the responsible Commonwealth Minister that the dealing is reasonably likely to be approved under that provision; and
(v) to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 4.6 would apply if the future pre‑commencement State/Territory petroleum title were to come into existence—the relevant State/Territory greenhouse gas storage administrator has notified the responsible Commonwealth Minister that it is reasonably likely that the dealing would, after the future pre‑commencement State/Territory petroleum title comes into existence, be approved under a provision of a law of the relevant State or Territory that corresponds to section 493; and
(vi) to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under a provision of a law of the relevant State or Territory that corresponds to section 543; and
(h) if:
(i) the responsible Commonwealth Minister is satisfied that the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum; and
(ii) the block or blocks as to which the responsible Commonwealth Minister is so satisfied are within the licence area of a petroleum production licence, the permit area of a pre‑commencement petroleum exploration permit, the lease area of a pre‑commencement petroleum retention lease, the relevant area of a pre‑commencement State/Territory petroleum exploration title, the relevant area of a pre‑commencement State/Territory petroleum retention title or the relevant area of a State/Territory petroleum production title; and
(iii) the recovery of the petroleum passes the commercial viability test set out in subsection (5);
the responsible Commonwealth Minister is satisfied that there is no significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on operations to recover the petroleum; and
(i) the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the licence; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
(j) the responsible Commonwealth Minister is satisfied that the draft site plan that accompanied the application satisfies the criteria specified in the regulations; and
(ja) the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the Cross‑boundary Authority must give the applicant a written notice (called an offer document) telling the applicant that the Cross‑boundary Authority is prepared to grant the applicant a greenhouse gas injection licence over the block or blocks specified in the application, on the basis that the matters to be specified in the greenhouse gas injection licence as mentioned in paragraphs 358A(3)(d) to (k) will be in accordance with the application, so long as:
(k) in a case where part of the licence area would be in the coastal waters of a State—the State has consented to the giving of the offer document; or
(l) in a case where part of the licence area would be in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document.
Application by lessee
(2) If:
(a) an application for the grant of a greenhouse gas injection licence has been made under section 368A by a greenhouse gas holding lessee; and
(b) the Cross‑boundary Authority is satisfied that, if the greenhouse gas injection licence were granted to the applicant, the applicant will, within 5 years after the grant, commence operations to:
(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(c) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(i) an existing post‑commencement petroleum exploration permit; or
(ii) an existing post‑commencement petroleum retention lease (other than a petroleum retention lease granted under section 150); or
(iii) a future post‑commencement petroleum production licence over the block or any of the blocks to which an existing post‑commencement petroleum exploration permit, or an existing post‑commencement petroleum retention lease (other than a petroleum retention lease granted under section 150), relates; or
(iv) an existing post‑commencement State/Territory petroleum exploration title; or
(v) an existing post‑commencement State/Territory petroleum retention title (other than a State/Territory petroleum retention title granted under a provision of a law of a State or Territory that corresponds to section 150); or
(vi) a future post‑commencement State/Territory petroleum production title over the State/Territory block or any of the State/Territory blocks to which an existing post‑commencement State/Territory petroleum exploration title, or an existing post‑commencement State/Territory petroleum retention title (other than a State/Territory petroleum retention title granted under a provision of a law of a State or Territory that corresponds to section 150), relates;
the responsible Commonwealth Minister is satisfied that the grant of the greenhouse gas injection licence is in the public interest; and
(d) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(i) an existing pre‑commencement petroleum title held by a person other than the applicant; or
(ii) an existing petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the registered holder of the pre‑commencement petroleum title or the petroleum production licence, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which Part 4.6 applies—the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
(v) to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
(e) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(i) an existing pre‑commencement State/Territory petroleum title held by a person other than the applicant; or
(ii) an existing State/Territory petroleum production title held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the holder of the pre‑commencement State/Territory petroleum title or the State/Territory petroleum production title, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 4.6 apply—the dealing has been approved under a provision of a law of the relevant State or Territory that corresponds to section 493 or the relevant State/Territory greenhouse gas storage administrator has notified the responsible Commonwealth Minister that the dealing is reasonably likely to be approved under that provision; and
(f) if:
(i) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre‑commencement petroleum title over a block or blocks; and
(ii) the existing pre‑commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the registered holder of the existing pre‑commencement petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which Part 4.6 applies—the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
(v) to the extent to which the agreement is a dealing to which Part 4.6 would apply if the future pre‑commencement petroleum title were to come into existence—it is reasonably likely that the dealing would, after the future pre‑commencement petroleum title comes into existence, be approved under section 493; and
(vi) to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
(g) if:
(i) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre‑commencement State/Territory petroleum title over a block or blocks; and
(ii) the existing pre‑commencement State/Territory petroleum title in force over the State/Territory block or any of the State/Territory blocks is held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the holder of the existing pre‑commencement State/Territory petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 4.6 apply—the dealing has been approved under a provision of a law of the relevant State or Territory that corresponds to section 493 or the relevant State/Territory greenhouse gas storage administrator has notified the responsible Commonwealth Minister that the dealing is reasonably likely to be approved under that provision; and
(v) to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 4.6 would apply if the future pre‑commencement State/Territory petroleum title were to come into existence—the relevant State/Territory greenhouse gas storage administrator has notified the responsible Commonwealth Minister that it is reasonably likely that the dealing would, after the future pre‑commencement State/Territory petroleum title comes into existence, be approved under a provision of a law of the relevant State or Territory that corresponds to section 493; and
(vi) to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 5.6 would apply if the greenhouse gas injection licence were to come into existence—it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under a provision of a law of the relevant State or Territory that corresponds to section 543; and
(h) if:
(i) the responsible Commonwealth Minister is satisfied that the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum; and
(ii) the block or blocks as to which the responsible Commonwealth Minister is so satisfied are within the licence area of a petroleum production licence, the permit area of a pre‑commencement petroleum exploration permit, the lease area of a pre‑commencement petroleum retention lease, the relevant area of a pre‑commencement State/Territory petroleum exploration title, the relevant area of a pre‑commencement State/Territory petroleum retention title or the relevant area of a State/Territory petroleum production title; and
(iii) the recovery of the petroleum passes the commercial viability test set out in subsection (5);
the responsible Commonwealth Minister is satisfied that there is no significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on operations to recover the petroleum; and
(i) the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the licence; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
(j) the responsible Commonwealth Minister is satisfied that the draft site plan that accompanied the application satisfies the criteria specified in the regulations; and
(ja) the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the Cross‑boundary Authority must give the applicant a written notice (called an offer document) telling the applicant that the Cross‑boundary Authority is prepared to grant the applicant a greenhouse gas injection licence over the block or blocks specified in the application, on the basis that the matters to be specified in the greenhouse gas injection licence as mentioned in paragraphs 358A(3)(d) to (k) will be in accordance with the application, so long as:
(k) in a case where part of the licence area would be in the coastal waters of a State—the State has consented to the giving of the offer document; or
(l) in a case where part of the licence area would be in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document.
Public interest
(3) For the purposes of paragraphs (1)(c) and (2)(c), in considering whether the grant of the greenhouse gas injection licence is in the public interest, the responsible Commonwealth Minister must have regard to:
(a) whether:
(i) the registered holder of the existing post‑commencement petroleum exploration permit or existing post‑commencement petroleum retention lease; or
(ii) the holder of the existing post‑commencement State/Territory petroleum exploration title or existing post‑commencement State/Territory petroleum retention title;
as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(b) if so—the terms of that agreement.
(4) Subsection (3) does not limit the matters to which the responsible Commonwealth Minister may have regard.
Commercial viability test
(5) For the purposes of subparagraphs (1)(h)(iii) and (2)(h)(iii), the recovery of petroleum passes the commercial viability test if, and only if, the responsible Commonwealth Minister is satisfied that:
(a) the recovery is commercially viable; or
(b) the recovery is not commercially viable, but is likely to become commercially viable within 15 years.
(6) Before attaining a state of satisfaction under subsection (5) in relation to the recovery of petroleum under a State/Territory petroleum title, the responsible Commonwealth Minister must consult:
(a) if the State/Territory petroleum title was granted under a law of a State—the responsible State Minister for the State; or
(b) if the State/Territory petroleum title was granted under a law of the Northern Territory—the responsible Northern Territory Minister.
Deferral of decision
(7) This section has effect subject to section 368E.
368C Refusal to grant cross‑boundary greenhouse gas injection licence
Scope
(1) This section applies if:
(a) an application for a greenhouse gas injection licence has been made under section 368A; and
(b) the Cross‑boundary Authority is not required by section 368B to give the applicant an offer document.
Notice
(2) The Cross‑boundary Authority must, by written notice given to the applicant, refuse to grant the applicant a greenhouse gas injection licence.
Deferral of decision
(3) This section has effect subject to section 368E.
368D Grant of cross‑boundary greenhouse gas injection licence
If:
(a) an applicant has been given an offer document under section 368B; and
(b) the applicant has made a request under section 431A in relation to the offer document within the period applicable under that section; and
(c) if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the Cross‑boundary Authority must grant the applicant a greenhouse gas injection licence over the block or blocks specified in the offer document.
Note 1: If the applicant does not make a request under section 431A within the period applicable under that section, the application lapses at the end of that period—see subsection 431A(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
368E Deferral of decision to grant cross‑boundary greenhouse gas injection licence—pending application for post‑commencement petroleum exploration permit
Scope
(1) This section applies if:
(a) an application for the grant of a greenhouse gas injection licence has been made under section 368A; and
(b) when the application for the greenhouse gas injection licence was made:
(i) an application for a post‑commencement petroleum exploration permit was being considered by the Joint Authority; or
(ii) an application for a post‑commencement State/Territory petroleum exploration title was being considered by the responsible State Minister or the responsible Northern Territory Minister; and
(c) the Cross‑boundary Authority considers that it would be in the public interest to defer taking any action under section 368B or 368C in relation to the application for the grant of the greenhouse gas injection licence until the application for the post‑commencement petroleum exploration permit or the post‑commencement State/Territory petroleum exploration title is finalised.
Deferral
(2) The Cross‑boundary Authority must not take any action under section 368B or 368C in relation to the application for the greenhouse gas injection licence until 24 hours after whichever of the following events happens first:
(a) if subparagraph (1)(b)(i) applies—the Joint Authority grants the post‑commencement petroleum exploration permit to the applicant for the permit;
(b) if subparagraph (1)(b)(i) applies—the application for the post‑commencement petroleum exploration permit lapses;
(c) if subparagraph (1)(b)(i) applies—the Joint Authority refuses to grant the post‑commencement petroleum exploration permit to the applicant for the permit;
(d) if subparagraph (1)(b)(ii) applies—the responsible State Minister or the responsible Northern Territory Minister grants the post‑commencement State/Territory petroleum exploration title to the applicant for the title;
(e) if subparagraph (1)(b)(ii) applies—the application for the post‑commencement State/Territory petroleum exploration title lapses;
(f) if subparagraph (1)(b)(ii) applies—the responsible State Minister or the responsible Northern Territory Minister refuses to grant the post‑commencement State/Territory petroleum exploration title to the applicant for the title.
368F Greenhouse gas assessment permit or greenhouse gas holding lease ceases to be in force when cross‑boundary greenhouse gas injection licence comes into force
When a greenhouse gas injection licence under section 368D comes into force in relation to one or more blocks, a greenhouse gas assessment permit or greenhouse gas holding lease ceases to be in force to the extent to which it relates to those blocks.
368G Greenhouse gas assessment permit transfer—transferee to be treated as applicant
Scope
(1) This section applies if a transfer of a greenhouse gas assessment permit is registered under section 530:
(a) after an application has been made under section 368A for the grant of a greenhouse gas injection licence over a block or blocks in relation to which the greenhouse gas assessment permit is in force; and
(b) before any action has been taken by the Cross‑boundary Authority under section 368B or 368C in relation to the application.
Transferee to be treated as applicant
