Offshore Petroleum and Greenhouse Gas Storage Act 2006
No. 14, 2006
Compilation No. 57
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
This compilation is in 4 volumes
Volume 1: sections 1–286C
Volume 2: sections 287–565A
Volume 3: sections 566–791
Volume 4: Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 3—Regulation of activities relating to injection and storage of greenhouse gas substances
Part 3.1—Introduction
287 Simplified outline
287A Application of this Chapter (and associated provisions) to bodies politic
Part 3.2—Greenhouse gas assessment permits
Division 1—General provisions
288 Simplified outline
289 Prohibition of unauthorised exploration for potential greenhouse gas storage formation, or potential greenhouse gas injection site, in offshore area
290 Rights conferred by greenhouse gas assessment permit
291 Conditions of greenhouse gas assessment permits—general
291A Conditions of cross‑boundary greenhouse gas assessment permits
292 Approval by responsible Commonwealth Minister of key greenhouse gas operations—general
292A Approval by responsible Commonwealth Minister of key greenhouse gas operations carried on under a cross‑boundary greenhouse gas assessment permit
293 Duration of greenhouse gas assessment permit
294 Extension of greenhouse gas assessment permit if permittee applies for a declaration of an identified greenhouse gas storage formation
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
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
295B Permit area of a cross‑boundary greenhouse gas assessment permit is taken to be included in the 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
297 Petroleum retention lessee or petroleum production licensee to be notified of proposal to advertise blocks
298 Grant of work‑bid greenhouse gas assessment permit—offer document
299 Ranking of multiple applicants for work‑bid greenhouse gas assessment permit
300 Grant of work‑bid greenhouse gas assessment permit
301 Withdrawal of application
302 Effect of withdrawal or lapse of application
Subdivision B—Consolidated work‑bid greenhouse gas assessment permits
302A Application for a consolidated work‑bid greenhouse gas assessment permit
302B Grant of consolidated work‑bid greenhouse gas assessment permit
302C Consequences of grant of consolidated work‑bid greenhouse gas assessment permit
Division 3—Obtaining a cash‑bid greenhouse gas assessment permit
303 Application for cash‑bid greenhouse gas assessment permit
304 Petroleum retention lessee or petroleum production licensee to be notified of proposal to advertise blocks
305 Grant of cash‑bid greenhouse gas assessment permit—only one application
306 Grant of cash‑bid greenhouse gas assessment permit—2 or more applications
307 Grant of cash‑bid greenhouse gas assessment permit
Division 3A—Obtaining a cross‑boundary greenhouse gas assessment permit
307A Application for a cross‑boundary greenhouse gas assessment permit
307B Grant of cross‑boundary greenhouse gas assessment permit—offer document
307C Grant of cross‑boundary greenhouse gas assessment permit
307D Consequences of grant of cross‑boundary greenhouse gas assessment permit
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)
309 Renewal of greenhouse gas assessment permit—offer document
310 Refusal to renew greenhouse gas assessment permit
311 Renewal of greenhouse gas assessment permit
Subdivision B—Renewal of cross‑boundary greenhouse gas assessment permits
311A Application for renewal of cross‑boundary greenhouse gas assessment permit
311B Renewal of cross‑boundary greenhouse gas assessment permit—offer document
311C Refusal to renew cross‑boundary greenhouse gas assessment permit
311D Renewal of cross‑boundary greenhouse gas assessment permit
Division 5—Declaration of identified greenhouse gas storage formation
312 Declaration of identified greenhouse gas storage formation—general
312A Declaration of identified greenhouse gas storage formation—cross‑boundary
313 Variation of declaration of identified greenhouse gas storage formation
314 Revocation of declaration of identified greenhouse gas storage formation
315 Register of Identified Greenhouse Gas Storage Formations
Division 6—Directions
316 Responsible Commonwealth Minister may give directions to greenhouse gas assessment permittees
317 Compliance with directions
Part 3.3—Greenhouse gas holding leases
Division 1—General provisions
318 Simplified outline
319 Rights conferred by greenhouse gas holding lease
320 Conditions of greenhouse gas holding leases (other than cross‑boundary greenhouse gas holding leases)
320A Conditions of cross‑boundary greenhouse gas holding leases
321 Approval by responsible Commonwealth Minister of key greenhouse gas operations—general
321A Approval by responsible Commonwealth Minister of key greenhouse gas operations carried on under a cross‑boundary greenhouse gas holding lease
322 Duration of greenhouse gas holding lease
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)
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
323B Lease area of a cross‑boundary greenhouse gas holding lease is taken to be included in the 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)
325 Grant of greenhouse gas holding lease—offer document
326 Refusal to grant greenhouse gas holding lease
327 Grant of greenhouse gas holding lease
328 Greenhouse gas assessment permit ceases to be in force when greenhouse gas holding lease comes into force
329 Greenhouse gas assessment permit transferred—transferee to be treated as applicant
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
329B Grant of cross‑boundary greenhouse gas holding lease—offer document
329C Refusal to grant cross‑boundary greenhouse gas holding lease
329D Grant of cross‑boundary greenhouse gas holding lease
329E Greenhouse gas assessment permit ceases to be in force when cross‑boundary greenhouse gas holding lease comes into force
329F Greenhouse gas assessment permit transferred—transferee to be treated as applicant
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)
331 Grant of greenhouse gas holding lease—offer document
332 Refusal to grant greenhouse gas holding lease
333 Grant of greenhouse gas holding lease
334 Greenhouse gas injection licence ceases to be in force when greenhouse gas holding lease comes into force
335 Greenhouse gas injection licence transferred—transferee to be treated as applicant
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
335B Grant of cross‑boundary greenhouse gas holding lease—offer document
335C Refusal to grant cross‑boundary greenhouse gas holding lease
335D Grant of cross‑boundary greenhouse gas holding lease
335E Greenhouse gas injection licence ceases to be in force when greenhouse gas holding lease comes into force
335F Greenhouse gas injection licence transferred—transferee to be treated as applicant
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)
337 Grant of special greenhouse gas holding lease—offer document
337A Refusal to grant special greenhouse gas holding lease
338 Grant of special greenhouse gas holding lease
339 Greenhouse gas assessment permit ceases to be in force when special greenhouse gas holding lease comes into force
340 Ordinary greenhouse gas holding lease ceases to be in force when special greenhouse gas holding lease comes into force
341 Greenhouse gas assessment permit transfer—transferee to be treated as applicant
342 Greenhouse gas holding lease transfer—transferee to be treated as applicant
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
342B Grant of special cross‑boundary greenhouse gas holding lease—offer document
342BA Refusal to grant special cross‑boundary greenhouse gas holding lease
342C Grant of 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
342E Ordinary greenhouse gas holding lease ceases to be in force when special cross‑boundary greenhouse gas holding lease comes into force
342F Greenhouse gas assessment permit transfer—transferee to be treated as applicant
342G Greenhouse gas holding lease transfer—transferee to be treated as applicant
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
344 Grant of greenhouse gas holding lease—offer document
344A Refusal to grant greenhouse gas holding lease
345 Grant of greenhouse gas holding lease
346 Petroleum retention lease transfer—transferee to be treated as applicant
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)
348 Renewal of greenhouse gas holding lease—offer document
349 Refusal to renew greenhouse gas holding lease
350 Renewal of greenhouse gas holding lease
Subdivision B—Renewal of a cross‑boundary greenhouse gas holding lease
350A Application for renewal of a cross‑boundary greenhouse gas holding lease
350B Renewal of cross‑boundary greenhouse gas holding lease—offer document
350C Refusal to renew cross‑boundary greenhouse gas holding lease
350D Renewal of cross‑boundary greenhouse gas holding lease
Division 4—Directions
351 Responsible Commonwealth Minister may give directions to greenhouse gas holding lessees
352 Compliance with directions
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
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
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
Part 3.4—Greenhouse gas injection licences
Division 1—General provisions
355 Simplified outline
356 Prohibition of unauthorised injection and storage of substances in offshore area
357 Rights conferred by greenhouse gas injection licence
358 Conditions of greenhouse gas injection licences—general
358A Conditions of cross‑boundary greenhouse gas injection licences
359 Duration of greenhouse gas injection licence
360 Termination of greenhouse gas injection licence if no injection operations for 5 years
360A Licence area of a cross‑boundary greenhouse gas injection licence is taken to be included in the 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)
362 Offer document
363 Refusal to grant greenhouse gas injection licence
364 Grant of greenhouse gas injection licence
365 Deferral of decision to grant greenhouse gas injection licence—pending application for post‑commencement petroleum exploration permit
366 Greenhouse gas assessment permit or greenhouse gas holding lease ceases to be in force when greenhouse gas injection licence comes into force
367 Greenhouse gas assessment permit transfer—transferee to be treated as applicant
368 Greenhouse gas holding lease transfer—transferee to be treated as applicant
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
368B Grant of cross‑boundary greenhouse gas injection licence—offer document
368C Refusal to grant cross‑boundary greenhouse gas injection licence
368D Grant of cross‑boundary greenhouse gas injection licence
368E Deferral of decision to grant cross‑boundary greenhouse gas injection licence—pending application for post‑commencement petroleum exploration permit
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
368G Greenhouse gas assessment permit transfer—transferee to be treated as applicant
368H Greenhouse gas holding lease transfer—transferee to be treated as applicant
Subdivision B—Application for greenhouse gas injection licence by the holder of a petroleum production licence
369 Application for greenhouse gas injection licence by the holder of a petroleum production licence
370 Grant of greenhouse gas injection licence—offer document
371 Refusal to grant greenhouse gas injection licence
372 Grant of greenhouse gas injection licence
373 Petroleum production licence transferred—transferee to be treated as applicant
Division 3—Variations
374 Variation of matters specified in greenhouse gas injection licence (other than a cross‑boundary greenhouse gas injection licence)—general
374A Variation of matters specified in cross‑boundary greenhouse gas injection licence—general
375 Variation of matters specified in greenhouse gas injection licence—declaration of identified greenhouse gas storage formation varied
Division 4—Directions
376 Responsible Commonwealth Minister may give greenhouse gas injection licensee directions to protect geological formations containing petroleum pools etc.
377 Consultation—directions
378 Compliance with directions
Division 5—Dealing with serious situations
379 Serious situation
380 Powers of responsible Commonwealth Minister to deal with serious situations
381 Consultation—directions to do something outside the licence area
382 Compliance with directions
Division 6—Protection of petroleum discovered in the title area of a pre‑commencement petroleum title
383 Powers of responsible Commonwealth Minister to protect petroleum discovered in the title area of a pre‑commencement petroleum title
384 Consultation—directions to do something outside the licence area
385 Compliance with directions
Division 7—Site closing certificates
386 Application for site closing certificate
387 Variation of application for site closing certificate
388 Issue of site closing certificate—pre‑certificate notice
389 Acknowledgement of receipt of application for site closing certificate
390 Refusal to give pre‑certificate notice
391 Pre‑certificate notice—security etc.
392 Issue of site closing certificate
393 Greenhouse gas injection licence transferred—transferee to be treated as applicant
394 Duration of site closing certificate
395 Transfer of site closing certificate
396 Transfer of securities
397 Discharge of securities
398 Recovery of the Commonwealth’s costs and expenses
Division 8—Long‑term liabilities
399 Closure assurance period
400 Indemnity—long‑term liability
401 Commonwealth to assume long‑term liability if licensee has ceased to exist
Part 3.5—Greenhouse gas search authorities
Division 1—General provisions
402 Simplified outline
403 Rights conferred by greenhouse gas search authority
404 Conditions of greenhouse gas search authorities
405 Duration of greenhouse gas search authority
406 Greenhouse gas search authority cannot be transferred
Division 2—Obtaining a greenhouse gas search authority
407 Application for greenhouse gas search authority
408 Grant or refusal of greenhouse gas search authority
409 Holders to be informed of the grant of another greenhouse gas search authority
410 Holders to be informed of the grant of a petroleum special prospecting authority
Part 3.6—Greenhouse gas special authorities
Division 1—General provisions
411 Simplified outline
412 Rights conferred by greenhouse gas special authority
413 Conditions of greenhouse gas special authorities
414 Duration of greenhouse gas special authority
Division 2—Obtaining a greenhouse gas special authority
415 Application for greenhouse gas special authority
416 Grant or refusal of greenhouse gas special authority
417 Consultation—grant of greenhouse gas special authority
Division 3—Variation of greenhouse gas special authorities
418 Variation of greenhouse gas special authority
419 Consultation—variation of greenhouse gas special authority
Division 4—Reporting obligations of holders of greenhouse gas special authorities
420 Reporting obligations of holders of greenhouse gas special authorities
Division 5—Revocation of greenhouse gas special authorities
421 Revocation of greenhouse gas special authority
Part 3.7—Greenhouse gas research consents
422 Simplified outline
423 Rights conferred by greenhouse gas research consent
424 Conditions of greenhouse gas research consents
425 Grant of greenhouse gas research consent
Part 3.8—Standard procedures
426 Application to be made in an approved manner
427 Application fee
428 Application may set out additional matters
429 Responsible Commonwealth Minister may require further information
429A Titles Administrator may require further information
430 Offer documents
431 Acceptance of offer—request by applicant (titles other than cross‑boundary titles)
431A Acceptance of offer—request by applicant (cross‑boundary titles)
432 Acceptance of offer—payment
433 Acceptance of offer—lodgment of security
434 Consultation—adverse decisions (general)
434A Consultation—adverse decisions (cross‑boundary titles)
435 Responsible Commonwealth Minister may require information about negotiations for a designated agreement
Part 3.9—Variation, suspension and exemption
Division 1—Variation, suspension and exemption decisions relating to greenhouse gas assessment permits, greenhouse gas holding leases and greenhouse gas injection licences
Subdivision A—General
436 Variation, suspension and exemption—conditions of titles
437 Extension of term of greenhouse gas assessment permit or greenhouse gas holding lease—suspension of conditions
437A Extension of term of greenhouse gas assessment permit or greenhouse gas holding lease pending decision on application for suspension of conditions
438 Suspension of rights—greenhouse gas assessment permit or greenhouse gas holding lease
439 Extension of term of greenhouse gas assessment permit or greenhouse gas holding lease—suspension of rights
Subdivision B—Cross‑boundary titles
439A Variation, suspension and exemption—conditions of cross‑boundary titles
439B Extension of term of cross‑boundary greenhouse gas assessment permit or cross‑boundary greenhouse gas holding lease—suspension of conditions
439C Extension of term of cross‑boundary greenhouse gas assessment permit or cross‑boundary greenhouse gas holding lease pending decision on application for suspension of conditions
Division 2—Variation, suspension and exemption decisions relating to greenhouse gas search authorities and greenhouse gas special authorities
440 Variation, suspension and exemption—conditions of greenhouse gas search authorities and greenhouse gas special authorities
Part 3.10—Surrender of titles
Division 1—Surrender of greenhouse gas assessment permits, greenhouse gas holding leases and greenhouse gas injection licences
441 Application for consent to surrender title
442 Consent to surrender title
443 Surrender of title
Division 2—Surrender of greenhouse gas search authorities and greenhouse gas special authorities
444 Surrender of greenhouse gas search authority
445 Surrender of greenhouse gas special authority
Part 3.11—Cancellation of titles
Division 1—Cancellation of greenhouse gas assessment permits, greenhouse gas holding leases and greenhouse gas injection licences
446 Grounds for cancellation of title
447 Cancellation of title
448 Consultation
449 Cancellation of title not affected by other provisions
449A NOPSEMA to notify the Titles Administrator of grounds for cancellation of title
Division 2—Cancellation of greenhouse gas search authorities
450 Cancellation of greenhouse gas search authority
Part 3.12—Other provisions
451 Notification of eligible greenhouse gas storage formation
451A Notification of eligible greenhouse gas storage formation—cross‑boundary
451B Notification of eligible greenhouse gas storage formation—consolidation of work‑bid greenhouse gas assessment permit
452 Notification of discovery of petroleum in greenhouse gas assessment permit area etc.
452A Notification requirements—registered holders of titles
453 Disposing of waste or other matter
454 Additional securities etc.
455 Transfer of securities
456 Discharge of securities
457 Approved site plans
458 Co‑existence of greenhouse gas titles and petroleum titles
459 Reservation of blocks
460 Interference with other rights
461 No conditions about payment of money
461A Certain State/Territory blocks to be blocks for the purposes of this Act
462 Certain portions of blocks to be blocks
463 Changes to the boundary of the coastal waters of a State or Territory
464 Commonwealth may monitor the behaviour of a greenhouse gas substance stored in a part of a geological formation
465 Monitoring information may be made publicly available
Chapter 4—Registration of transfers of, and dealings in, petroleum titles
Part 4.1—Introduction
466 Simplified outline
467 Definitions
468 Dealing—series of debentures
Part 4.2—Register of titles and petroleum special prospecting authorities
469 Register to be kept
470 Entries in Register—general
471 Entry in Register—cessation, revocation or expiry of title
471A Notation in Register—applicable datum
Part 4.3—Transfer of titles
472 Approval and registration of transfers
473 Application for approval of transfer
474 Documents to accompany application
476 Time limit for application
477 Date of application to be entered in Register
478 Approval of transfer
479 Registration of transfer
480 Instrument of transfer does not create an interest in the title
481 Limit on effect of approval of transfers
Part 4.4—Devolution of title
482 Application to have name entered on the Register as the holder of a title
483 Entry of name in the Register
Part 4.5—Change in name of company
484 Application to have new name entered on the Register
485 Alteration in the Register
Part 4.6—Dealings relating to existing titles
486 Dealings to which this Part applies
487 Approval and registration of dealings
488 Application for approval of dealing
489 Documents to accompany application
491 Timing of application
492 Application date to be entered in Register
493 Approval of dealing
494 Entry of dealing in Register
495 Retention, inspection and return of instruments
496 Strict compliance with application provisions not required
497 Limit on effect of approval of dealing
Part 4.7—Dealings in future interests
498 Provisional application for approval of dealing
499 Documents to accompany provisional application
501 Timing of provisional application
502 Provisional application to be treated as an application under section 488 when title comes into existence
503 Limit on approval of dealing
Part 4.8—Correction and rectification of Register
504 Corrections of clerical errors or obvious defects
505 General power of correction of Register
506 Rectification of Register
Part 4.9—Information‑gathering powers
507 Titles Administrator may obtain information from applicants
508 Titles Administrator may obtain information from a party to an approved dealing
509 Production and inspection of documents
510 Titles Administrator may retain documents
Part 4.10—Other provisions
511 Titles Administrator etc. not concerned with the effect of instrument lodged under this Chapter
513 Making a false entry in a Register
514 Falsified documents
515 Inspection of Register and instruments
516 Evidentiary provisions
516A Application fee
Chapter 5—Registration of transfers of, and dealings in, greenhouse gas titles
Part 5.1—Introduction
518 Simplified outline
519 Definitions
520 Dealing—series of debentures
Part 5.2—Register of titles and greenhouse gas search authorities
521 Register to be kept
522 Entries in Register—general
523 Entry in Register—cessation or expiry of title
523A Notation in Register—applicable datum
Part 5.3—Transfer of titles
524 Approval and registration of transfers
525 Application for approval of transfer
526 Documents to accompany application
527 Time limit for application
528 Date of application to be entered in Register
529 Approval of transfer
530 Registration of transfer
531 Instrument of transfer does not create an interest in the title
532 Limit on effect of approval of transfers
Part 5.4—Devolution of title
533 Application to have name entered on the Register as the holder of a title
534 Entry of name in the Register
Part 5.5—Change in name of company
535 Application to have new name entered on the Register
536 Alteration in the Register
Part 5.6—Dealings relating to existing titles
537 Dealings to which this Part applies
538 Approval and registration of dealings
539 Application for approval of dealing
540 Documents to accompany application
541 Timing of application
542 Application date to be entered in Register
543 Approval of dealing
544 Entry of dealing in Register
545 Retention, inspection and return of instruments
546 Strict compliance with application provisions not required
547 Limit on effect of approval of dealing
Part 5.7—Dealings in future interests
548 Provisional application for approval of dealing
549 Documents to accompany provisional application
550 Timing of provisional application
551 Provisional application to be treated as an application under section 539 when title comes into existence
552 Limit on approval of dealing
Part 5.8—Correction and rectification of Register
553 Corrections of clerical errors or obvious defects
554 General power of correction of Register
555 Rectification of Register
Part 5.9—Information‑gathering powers
556 Titles Administrator may obtain information from applicants
557 Titles Administrator may obtain information from a party to an approved dealing
558 Production and inspection of documents
559 Titles Administrator may retain documents
Part 5.10—Other provisions
560 Titles Administrator not concerned with the effect of instrument lodged under this Chapter
562 Making a false entry in the Register
563 Falsified documents
564 Inspection of Register and instruments
565 Evidentiary provisions
565A Application fee
Chapter 3—Regulation of activities relating to injection and storage of greenhouse gas substances
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
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.
(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.
(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.
(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.
(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.
(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.
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.
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.
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.
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
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.
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
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.
(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.
(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.
(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.
(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.
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
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.
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.
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.
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.
(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.
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.
(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.
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.
(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.
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.
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.
(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.
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.
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.
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
(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.
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.
(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.
(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.
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
The following is a simplified outline of this Part:
• It is an offence to:
(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;
except:
(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.
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
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).
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.
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.
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.
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.
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.
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
(2) After the transfer, sections 368A to 368D 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.
368H 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 368A 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 Cross‑boundary Authority under section 368B or 368C in relation to the application.
Transferee to be treated as applicant
(2) After the transfer, sections 368A to 368D 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.
369 Application for greenhouse gas injection licence by the holder of a petroleum production licence
Scope
(1) This section applies if:
(a) a petroleum production licence is in force; and
(b) one or more identified greenhouse gas storage formations are wholly situated in the licence area.
Single identified greenhouse gas storage formation
(2) If:
(a) a single identified greenhouse gas storage formation extends to:
(i) only one block in the licence area; or
(ii) 2 or more blocks in the licence 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 production licensee 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 licence 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 production licensee 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, when considered together, extend.
(4) If:
(a) 2 or more identified greenhouse gas storage formations, when considered together, extend to:
(i) only one block in the licence area; or
(ii) 2 or more blocks in the licence 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 production licensee 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 licence 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 production licensee 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.
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 358(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 responsible Commonwealth Minister before the end of the 10‑day period that began on the day after the application was made.
(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 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
(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 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).
370 Grant of greenhouse gas injection licence—offer document
If:
(a) an application for a greenhouse gas injection licence has been made under section 369 by the registered holder of a petroleum production licence; 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 formations concerned; and
(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation or formations concerned; and
(c) either:
(i) the responsible Commonwealth Minister is satisfied that all of the greenhouse gas substance injected into the identified greenhouse gas storage formation or formations concerned will be obtained as a by‑product of petroleum recovery operations carried on under the petroleum production licence; or
(ii) the responsible Commonwealth Minister is satisfied that some or all of the greenhouse gas substance injected into the identified greenhouse gas storage formation or formations concerned will be obtained as a by‑product of petroleum recovery operations carried on under any petroleum production licence, and 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 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:
(iv) the grant of the greenhouse gas injection licence is in the public interest; or
(v) the registered holder of the petroleum exploration permit or petroleum retention lease, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence to the applicant; 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 an existing pre‑commencement petroleum title—the responsible Commonwealth Minister is satisfied that the registered holder of the pre‑commencement petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence to the applicant; 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) a petroleum exploration permit, petroleum retention lease or petroleum production licence is in force over the block or any of the blocks;
the responsible Commonwealth Minister is satisfied that the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence covered by subparagraph (ii) has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(g) 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:
(i) petroleum explorations operations; or
(ii) petroleum recovery operations;
that are being, or could be, carried on under an existing petroleum production licence held by a person other than the applicant—the responsible Commonwealth Minister is satisfied that the registered holder of the petroleum production licence has agreed, in writing, to the grant of the greenhouse gas injection licence to the applicant; and
(h) 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
(i) the responsible Commonwealth Minister is satisfied that the draft site plan that accompanied the application satisfies the criteria specified in the regulations; and
(j) the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
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 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.
371 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 369; and
(b) the responsible Commonwealth Minister refuses 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.
372 Grant of greenhouse gas injection licence
If:
(a) an applicant has been given an offer document under section 370; 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.
373 Petroleum production licence transferred—transferee to be treated as applicant
Scope
(1) This section applies if a transfer of a petroleum production licence is registered under section 479:
(a) after an application has been made under section 369 for the grant of a greenhouse gas injection licence over a block or blocks in relation to which the petroleum production licence is in force; and
(b) before any action has been taken by the responsible Commonwealth Minister under section 370 or 371 in relation to the application.
Transferee to be treated as applicant
(2) After the transfer, sections 369 to 372 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.
Application
(1) A greenhouse gas injection licensee (other than a cross‑boundary greenhouse gas injection licensee) may apply to the responsible Commonwealth Minister for the variation by the responsible Commonwealth Minister of a matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k).
Note 1: Consultation procedures apply—see section 434.
Note 2: Part 3.8 contains additional provisions about application procedures.
Note 3: Section 427 requires the application to be accompanied by an application fee.
Note 4: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
(2) An application under subsection (1) 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.
Variation
(3) If an application is made under subsection (1), the responsible Commonwealth Minister may, by written notice given to the licensee:
(a) vary the matter in accordance with the application; or
(b) refuse to vary the matter in accordance with the application.
(3A) In making a decision under subsection (3), the responsible Commonwealth Minister:
(a) must have regard to 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 applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the licence as varied; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence as varied;
(b) any other matters prescribed by the regulations.
(4) If a matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) is varied under this section, the varied matter must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.
(4A) If:
(a) the licence was granted under section 372 to the registered holder of a petroleum production licence on the basis that the responsible Commonwealth Minister was satisfied of the matter set out in subparagraph 370(c)(i); and
(b) the responsible Commonwealth Minister is satisfied that it is in the public interest to do so;
the responsible Commonwealth Minister may exercise the power of variation conferred by subsection (3) as if the licence had been granted on the basis that the responsible Commonwealth Minister had been satisfied of the matter set out in subparagraph 370(c)(ii).
(5) A variation of a matter under this section takes effect on the day on which notice of the variation is published in the Gazette.
Note: For publication in the Gazette of notice of the variation, see section 734.
374A Variation of matters specified in cross‑boundary greenhouse gas injection licence—general
Application
(1) A cross‑boundary greenhouse gas injection licensee may apply to the Titles Administrator for the variation by the responsible Commonwealth Minister of a matter specified in the licence as mentioned in any of paragraphs 358A(3)(c) to (k).
Note 1: Consultation procedures apply—see section 434.
Note 2: Part 3.8 contains additional provisions about application procedures.
Note 3: Section 427 requires the application to be accompanied by an application fee.
Note 4: Section 429 enables the responsible Commonwealth Minister to require the applicant to give further information.
(2) An application under subsection (1) 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 10‑day period that began on the day after the application was made.
Variation
(3) If an application is made under subsection (1), the responsible Commonwealth Minister may, by written notice given to the licensee:
(a) vary the matter in accordance with the application; or
(b) refuse to vary the matter in accordance with the application.
(3A) In making a decision under subsection (3), the responsible Commonwealth Minister:
(a) must have regard to 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 applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the licence as varied; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence as varied;
(b) any other matters prescribed by the regulations.
(4) If a matter specified in the licence as mentioned in any of paragraphs 358A(3)(c) to (k) is varied under this section, the varied matter must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.
(5) A variation of a matter under this section takes effect on the day on which notice of the variation is published in the Gazette.
Note: For publication in the Gazette of notice of the variation, see section 734.
Scope
(1) This section applies in relation to a greenhouse gas injection licence if:
(a) a declaration is in force under section 312 or 312A in relation to an identified greenhouse gas storage formation that is wholly situated in the licence area; and
(b) the declaration is varied under section 313; and
(c) apart from this section, a matter specified in the declaration would be inconsistent with a matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k).
Variation of a matter specified in the licence
(2) The responsible Commonwealth Minister must, by written notice given to the licensee, vary the matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k) for the purposes of removing that inconsistency.
(3) A variation of a matter under this section takes effect on the day on which notice of the variation is published in the Gazette.
Note: For publication in the Gazette of notice of the variation, see section 734.
(1) The responsible Commonwealth Minister may, by written notice given to a greenhouse gas injection licensee, give the licensee a direction for the purpose of:
(a) eliminating; or
(b) mitigating; or
(c) managing;
the risk that operations carried out under the licence could:
(d) have a significant adverse impact on a geological formation, or a part of a geological formation, that contains, or is likely to contain, a petroleum pool; or
(e) otherwise compromise the exploitation of any petroleum that occurs as a natural resource.
(2) A direction under this section may require the licensee to do something:
(a) in the licence area; or
(b) in an offshore area but outside the licence area.
(3) 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.
(4) A direction under this section prevails over:
(a) anything in an approved site plan for an identified greenhouse gas storage formation specified in the licence; or
(b) anything specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k);
to the extent of any inconsistency.
(5) 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.
(6) To avoid doubt, subsection (5) applies to an instrument, whether issued or made in Australia or outside Australia.
(7) 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.
(8) A direction under this section is not a legislative instrument.
(9) If:
(a) a direction under this section is in force in relation to a greenhouse gas injection licence; and
(b) apart from subsection (4), the direction would be inconsistent with a matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k);
the responsible Commonwealth Minister may, by written notice given to the licensee, vary the matter for the purposes of removing that inconsistency.
(10) A variation of a matter under subsection (9) takes effect on the day on which notice of the variation is published in the Gazette.
Note: For publication in the Gazette of notice of the variation, see section 734.
(11) The regulations may provide that, if:
(a) a direction under this section is in force in relation to a greenhouse gas injection licence; and
(b) apart from subsection (4), the direction would be inconsistent with anything in an approved site plan for an identified greenhouse gas storage formation specified in the licence;
then:
(c) the licensee must, within the period ascertained in accordance with the regulations:
(i) prepare a draft variation of the approved site plan for the purposes of removing that inconsistency; and
(ii) give the draft variation to the responsible Commonwealth Minister; and
(d) the responsible Commonwealth Minister must, by written notice given to the licensee:
(i) approve the variation; or
(ii) refuse to approve the variation; and
(e) if the responsible Commonwealth Minister approves the variation—the approved site plan is varied accordingly.
(12) If an approved site plan is varied, a reference in this Act to the approved site plan is a reference to the approved site plan as varied.
Scope
(1) This section applies if:
(a) the responsible Commonwealth Minister proposes to give a direction under section 376 to a greenhouse gas injection licensee; and
(b) the direction requires the licensee to do something in an area (the action area); and
(c) the action area is, to any extent, the subject of:
(i) a greenhouse gas assessment permit; or
(ii) a greenhouse gas holding lease; or
(iii) a greenhouse gas injection licence; or
(iv) a greenhouse gas search authority; or
(v) a petroleum exploration permit; or
(vi) a petroleum retention lease; or
(vii) a petroleum production licence; or
(viii) a petroleum special prospecting authority; or
(ix) a State/Territory petroleum exploration title; or
(x) a State/Territory petroleum retention title; or
(xi) a State/Territory petroleum production title; and
(d) if subparagraph (c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) applies—the licensee mentioned in paragraph (a) is not the registered holder of the permit, lease, licence or authority mentioned in that subparagraph; and
(e) if subparagraph (c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) applies—the registered holder of the permit, lease, licence or authority mentioned in that subparagraph has not given written consent to the giving of the direction; and
(f) if subparagraph (c)(ix), (x) or (xi) applies—the licensee mentioned in paragraph (a) is not the holder of the title mentioned in that subparagraph; and
(g) if subparagraph (c)(ix), (x) or (xi) applies—the holder of the title mentioned in that subparagraph has not given written consent to the giving of the direction.
Consultation
(2) Before giving the direction, the responsible Commonwealth Minister must:
(a) by written notice given to the registered holder of the permit, lease, licence or authority mentioned in subparagraph (1)(c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) or the holder of the title mentioned in subparagraph (1)(c)(ix), (x) or (xi), as the case requires, give at least 30 days notice of the responsible Commonwealth Minister’s intention to give the direction; and
(b) give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.
(3) The notice must:
(a) set out details of the direction that is proposed to be given; and
(b) invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal; and
(c) specify a time limit for making that submission.
(4) In deciding whether to give the direction, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.
Emergencies
(5) However, if the responsible Commonwealth Minister is satisfied that the direction is required to deal with an emergency:
(a) subsections (2), (3) and (4) do not apply to the direction; and
(b) as soon as practicable after the direction is given, the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the permit, lease, licence or authority mentioned in subparagraph (1)(c)(i), (ii), (iii), (iv), (v), (vi), (vii) or (viii) or the holder of the title mentioned in subparagraph (1)(c)(ix), (x) or (xi), as the case requires.
378 Compliance with directions
(1) A person commits an offence if:
(a) the person is given a direction under section 376; 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—Dealing with serious situations
(1) For the purposes of this Act, a serious situation exists in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence if:
(a) a greenhouse gas substance injected into the identified greenhouse gas storage formation:
(i) has leaked; or
(ii) is leaking;
from the identified greenhouse gas storage formation; or
(b) there is a significant risk that a greenhouse gas substance injected into the identified greenhouse gas storage formation will leak from the identified greenhouse gas storage formation; or
(c) a greenhouse gas substance:
(i) has leaked; or
(ii) is leaking;
in the course of being injected into the identified greenhouse gas storage formation; or
(d) there is a significant risk that a greenhouse gas substance will leak in the course of being injected into the identified greenhouse gas storage formation; or
(e) a greenhouse gas substance injected into the identified greenhouse gas storage formation:
(i) has behaved; or
(ii) is behaving;
otherwise than as predicted in Part A of the approved site plan for the identified greenhouse gas storage formation; or
(f) there is a significant risk that a greenhouse gas substance injected into the identified greenhouse gas storage formation will behave otherwise than as predicted in Part A of the approved site plan for the identified greenhouse gas storage formation; or
(g) either:
(i) the injection of a greenhouse gas substance into the identified greenhouse gas storage formation; or
(ii) the storage of a greenhouse gas substance in the identified greenhouse gas storage formation;
has had, or is having, a significant adverse impact on the geotechnical integrity of the whole or a part of a geological formation or geological structure; or
(h) there is a significant risk that:
(i) the injection of a greenhouse gas substance into the identified greenhouse gas storage formation; or
(ii) the storage of a greenhouse gas substance in an identified greenhouse gas storage formation;
will have a significant adverse impact on the geotechnical integrity of the whole or a part of a geological formation or geological structure; or
(i) the identified greenhouse gas storage formation is not suitable (with or without engineering enhancements) for the permanent storage of the relevant amount of the relevant greenhouse gas substance injected at the relevant point or points over the relevant period.
(2) For the purposes of paragraph (1)(i):
(a) the relevant amount is the total amount of greenhouse gas substance authorised to be injected into the identified greenhouse gas storage formation under the licence; and
(b) the relevant greenhouse gas substance is the kind of greenhouse gas substance that is authorised to be injected into the identified greenhouse gas storage formation under the licence; and
(c) the relevant point or points is the potential greenhouse gas injection site or sites at which the greenhouse gas substance is authorised to be injected into the identified greenhouse gas storage formation under the licence; and
(d) the relevant period is the period during which the greenhouse gas substance is authorised to be injected into the identified greenhouse gas storage formation under the licence.
Note: See subsections 358(3) and 358A(3).
380 Powers of responsible Commonwealth Minister to deal with serious situations
(1) If the responsible Commonwealth Minister is satisfied that a serious situation exists in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, the responsible Commonwealth Minister may, by written notice given to the licensee, direct the licensee:
(a) to take all reasonable steps to ensure that operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation are carried on in a manner specified in the direction; or
(b) to take all reasonable steps to ensure that operations for the storage of a greenhouse gas substance in the identified greenhouse gas storage formation are carried on in a manner specified in the direction; or
(c) to cease or suspend the injection of a greenhouse gas substance at a site or sites specified in the direction; or
(d) to inject a greenhouse gas substance into the identified greenhouse gas storage formation at a site or sites specified in the direction; or
(e) to cease or suspend operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation; or
(f) to undertake such activities as are specified in the direction for the purpose of:
(i) eliminating; or
(ii) mitigating; or
(iii) managing; or
(iv) remediating;
the serious situation; or
(g) to take such action as is specified in the direction; or
(h) not to take such action as is specified in the direction.
(2) A direction under this section may require the licensee to do something:
(a) in the licence area; or
(b) in an offshore area but outside the licence area.
(3) Paragraphs (1)(a) to (f) do not limit paragraph (1)(g).
(4) Paragraphs (1)(a) to (f) do not limit paragraph (1)(h).
(5) 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 or the applied provisions.
(6) A direction under this section prevails over:
(a) anything in an approved site plan for the identified greenhouse gas storage formation; or
(b) anything specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k);
to the extent of any inconsistency.
(7) 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.
(8) To avoid doubt, subsection (7) applies to an instrument, whether issued or made in Australia or outside Australia.
(9) 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.
(10) A direction under this section is not a legislative instrument.
(11) If:
(a) a direction under this section is in force in relation to a greenhouse gas injection licence; and
(b) apart from subsection (6), the direction would be inconsistent with a matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k);
the responsible Commonwealth Minister may, by written notice given to the licensee, vary the matter for the purposes of removing that inconsistency.
(12) A variation of a matter under subsection (11) takes effect on the day on which notice of the variation is published in the Gazette.
Note: For publication in the Gazette of notice of the variation, see section 734.
(13) The regulations may provide that, if:
(a) a direction under this section is in force in relation to a greenhouse gas injection licence; and
(b) apart from subsection (6), the direction would be inconsistent with anything in an approved site plan for the identified greenhouse gas storage formation;
then:
(c) the licensee must, within the period ascertained in accordance with the regulations:
(i) prepare a draft variation of the approved site plan for the purposes of removing that inconsistency; and
(ii) give the draft variation to the responsible Commonwealth Minister; and
(d) the responsible Commonwealth Minister must, by written notice given to the licensee:
(i) approve the variation; or
(ii) refuse to approve the variation; and
(e) if the responsible Commonwealth Minister approves the variation—the approved site plan is varied accordingly.
(14) If an approved site plan is varied, a reference in this Act to the approved site plan is a reference to the approved site plan as varied.
381 Consultation—directions to do something outside the licence area
Scope
(1) This section applies if:
(a) the responsible Commonwealth Minister proposes to give a direction under section 380 to a greenhouse gas injection licensee; and
(b) the direction requires the licensee to do something in an area (the action area) in an offshore area but outside the licence area; and
(c) the action area is, to any extent, the subject of:
(i) a greenhouse gas assessment permit; or
(ii) a greenhouse gas holding lease; or
(iii) a greenhouse gas injection licence; or
(iv) a greenhouse gas search authority; or
(v) a petroleum exploration permit; or
(vi) a petroleum retention lease; or
(vii) a petroleum production licence; or
(viii) a petroleum special prospecting authority; and
(d) the licensee mentioned in paragraph (a) is not the registered holder of the permit, lease, licence or authority mentioned in paragraph (c); and
(e) the registered holder of the permit, lease, licence or authority mentioned in paragraph (c) has not given written consent to the giving of the direction.
Consultation
(2) Before giving the direction, the responsible Commonwealth Minister must:
(a) by written notice given to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(c), give at least 30 days notice of the responsible Commonwealth Minister’s intention to give the direction; and
(b) give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.
(3) The notice must:
(a) set out details of the direction that is proposed to be given; and
(b) invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal; and
(c) specify a time limit for making that submission.
(4) In deciding whether to give the direction, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.
Emergencies
(5) However, if the responsible Commonwealth Minister is satisfied that the direction is required to deal with an emergency:
(a) subsections (2), (3) and (4) do not apply to the direction; and
(b) as soon as practicable after the direction is given, the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(c).
382 Compliance with directions
(1) A person commits an offence if:
(a) the person is given a direction under section 380; 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.
Elimination of risk
(1) If:
(a) the licence area of a greenhouse gas injection licence overlaps, in whole or in part:
(i) the permit area of a pre‑commencement petroleum exploration permit held by a person other than the registered holder of the greenhouse gas injection licence; or
(ii) the lease area of a pre‑commencement petroleum retention lease held by a person other than the registered holder of the greenhouse gas injection licence; or
(iii) the licence area of a pre‑commencement petroleum production licence held by a person other than the registered holder of the greenhouse gas injection licence; or
(iv) the area covered by a pre‑commencement State/Territory petroleum exploration title held by a person other than the registered holder of the greenhouse gas injection licence; or
(v) the area covered by a pre‑commencement State/Territory petroleum retention title held by a person other than the registered holder of the greenhouse gas injection licence; or
(vi) the area covered by a pre‑commencement State/Territory petroleum production title held by a person other than the registered holder of the greenhouse gas injection licence; and
(b) petroleum is discovered in the area of overlap; and
(c) the responsible Commonwealth Minister is satisfied that:
(i) the recovery of the petroleum is commercially viable; or
(ii) the recovery of the petroleum is not commercially viable, but is likely to become commercially viable at some time in the future; and
(d) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that are being, or could be, carried on under the greenhouse gas injection licence will have a significant adverse impact on:
(i) operations to recover the petroleum; or
(ii) the commercial viability of the recovery of the petroleum; and
(e) if subparagraph (a)(i), (ii) or (iii) applies—the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence, as the case may be, has not agreed, in writing, to the registered holder of the greenhouse gas injection licence carrying on those operations; and
(ea) if subparagraph (a)(iv), (v) or (vi) applies—the holder of the State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title, as the case may be, has not agreed, in writing, to the registered holder of the greenhouse gas injection licence carrying on those operations; and
(f) the responsible Commonwealth Minister is satisfied that it is practicable to eliminate the risk that any of the operations that are being, or could be, carried on under the greenhouse gas injection licence will have a significant adverse impact on:
(i) operations to recover the petroleum; or
(ii) the commercial viability of the recovery of the petroleum;
the responsible Commonwealth Minister must, by written notice given to the registered holder of the greenhouse gas injection licence:
(g) give the registered holder of the greenhouse gas injection licence a direction for the purpose of eliminating the risk that operations that are being, or could be, carried on under the greenhouse gas injection licence could have a significant adverse impact on:
(i) operations to recover the petroleum; or
(ii) the commercial viability of the recovery of the petroleum; or
(h) suspend, either:
(i) for a specified period; or
(ii) indefinitely;
any or all of the rights conferred by the greenhouse gas injection licence; or
(i) cancel the greenhouse gas injection licence.
(2) A direction under paragraph (1)(g) may require the licensee to do something:
(a) in the licence area; or
(b) in an offshore area but outside the licence area.
Mitigation, management or remediation of risk
(3) If:
(a) the licence area of a greenhouse gas injection licence overlaps, in whole or in part:
(i) the permit area of a pre‑commencement petroleum exploration permit held by a person other than the registered holder of the greenhouse gas injection licence; or
(ii) the lease area of a pre‑commencement petroleum retention lease held by a person other than the registered holder of the greenhouse gas injection licence; or
(iii) the licence area of a pre‑commencement petroleum production licence held by a person other than the registered holder of the greenhouse gas injection licence; or
(iv) the area covered by a pre‑commencement State/Territory petroleum exploration title held by a person other than the registered holder of the greenhouse gas injection licence; or
(v) the area covered by a pre‑commencement State/Territory petroleum retention title held by a person other than the registered holder of the greenhouse gas injection licence; or
(vi) the area covered by a pre‑commencement State/Territory petroleum production title held by a person other than the registered holder of the greenhouse gas injection licence; and
(b) petroleum is discovered in the area of overlap; and
(c) the responsible Commonwealth Minister is satisfied that:
(i) the recovery of the petroleum is commercially viable; or
(ii) the recovery of the petroleum is not commercially viable, but is likely to become commercially viable at some time in the future; and
(d) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that are being, or could be, carried on under the greenhouse gas injection licence will have a significant adverse impact on:
(i) operations to recover the petroleum; or
(ii) the commercial viability of the recovery of the petroleum; and
(e) if subparagraph (a)(i), (ii) or (iii) applies—the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence, as the case may be, has not agreed, in writing, to the registered holder of the greenhouse gas injection licence carrying on those operations; and
(ea) if subparagraph (a)(iv), (v) or (vi) applies—the holder of the State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title, as the case may be, has not agreed, in writing, to the registered holder of the greenhouse gas injection licence carrying on those operations; and
(f) the responsible Commonwealth Minister is satisfied that it is not practicable to eliminate the risk that any of the operations that are being, or could be, carried on under the greenhouse gas injection licence will have a significant adverse impact on:
(i) operations to recover the petroleum; or
(ii) the commercial viability of the recovery of the petroleum;
the responsible Commonwealth Minister must, by written notice given to the registered holder of the greenhouse gas injection licence:
(g) give the registered holder of the greenhouse gas injection licence a direction for the purpose of mitigating, managing or remediating the risk that operations that are being, or could be, carried on under the greenhouse gas injection licence could have a significant adverse impact on:
(i) operations to recover the petroleum; or
(ii) the commercial viability of the recovery of the petroleum; or
(h) suspend, either:
(i) for a specified period; or
(ii) indefinitely;
any or all of the rights conferred by the greenhouse gas injection licence; or
(i) cancel the greenhouse gas injection licence.
(4) A direction under paragraph (3)(g) may require the licensee to take action:
(a) in the licence area; or
(b) in an offshore area but outside the licence area.
Other provisions
(5) 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 or the applied provisions.
(6) A direction under this section prevails over:
(a) anything in an approved site plan for an identified greenhouse gas storage formation specified in the greenhouse gas injection licence; or
(b) anything specified in the greenhouse gas injection licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k);
to the extent of any inconsistency.
(7) 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.
(8) To avoid doubt, subsection (7) applies to an instrument, whether issued or made in Australia or outside Australia.
(9) 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.
(10) A direction under this section is not a legislative instrument.
(11) If:
(a) a direction under this section is in force in relation to a greenhouse gas injection licence; and
(b) apart from subsection (6), the direction would be inconsistent with a matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k);
the responsible Commonwealth Minister may, by written notice given to the licensee, vary the matter for the purposes of removing that inconsistency.
(12) A variation of a matter under subsection (11) takes effect on the day on which notice of the variation is published in the Gazette.
Note: For publication in the Gazette of notice of the variation, see section 734.
(13) The regulations may provide that, if:
(a) a direction under this section is in force in relation to a greenhouse gas injection licence; and
(b) apart from subsection (6), the direction would be inconsistent with anything in an approved site plan for an identified greenhouse gas storage formation specified in the licence;
then:
(c) the licensee must, within the period ascertained in accordance with the regulations:
(i) prepare a draft variation of the approved site plan for the purposes of removing that inconsistency; and
(ii) give the draft variation to the responsible Commonwealth Minister; and
(d) the responsible Commonwealth Minister must, by written notice given to the licensee:
(i) approve the variation; or
(ii) refuse to approve the variation; and
(e) if the responsible Commonwealth Minister approves the variation—the approved site plan is varied accordingly.
(14) If an approved site plan is varied, a reference in this Act to the approved site plan is a reference to the approved site plan as varied.
384 Consultation—directions to do something outside the licence area
Scope
(1) This section applies if:
(a) the responsible Commonwealth Minister proposes to give a direction under section 383 to a greenhouse gas injection licensee; and
(b) the direction requires the licensee to do something in an area (the action area) in an offshore area but outside the licence area; and
(c) the action area is, to any extent, the subject of:
(i) a greenhouse gas assessment permit; or
(ii) a greenhouse gas holding lease; or
(iii) a greenhouse gas injection licence; or
(iv) a greenhouse gas search authority; or
(v) a petroleum exploration permit; or
(vi) a petroleum retention lease; or
(vii) a petroleum production licence; or
(viii) a petroleum special prospecting authority; and
(d) the licensee mentioned in paragraph (a) is not the registered holder of the permit, lease, licence or authority mentioned in paragraph (c); and
(e) the registered holder of the permit, lease, licence or authority mentioned in paragraph (c) has not given written consent to the giving of the direction.
Consultation
(2) Before giving the direction, the responsible Commonwealth Minister must:
(a) by written notice given to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(c), give at least 30 days notice of the responsible Commonwealth Minister’s intention to give the direction; and
(b) give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.
(3) The notice must:
(a) set out details of the direction that is proposed to be given; and
(b) invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal; and
(c) specify a time limit for making that submission.
(4) In deciding whether to give the direction, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.
Emergencies
(5) However, if the responsible Commonwealth Minister is satisfied that the direction is required to deal with an emergency:
(a) subsections (2), (3) and (4) do not apply to the direction; and
(b) as soon as practicable after the direction is given, the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(c).
385 Compliance with directions
(1) A person commits an offence if:
(a) the person is given a direction under section 383; 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 7—Site closing certificates
386 Application for site closing certificate
(1) A greenhouse gas injection licensee may apply to the responsible Commonwealth Minister for a site closing certificate in relation to a particular identified greenhouse gas storage formation specified in the licence.
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.
(2) An application under this section must be accompanied by:
(a) a written report that sets out:
(i) the applicant’s modelling of the behaviour of the greenhouse gas substance injected into the identified greenhouse gas storage formation; and
(ii) information relevant to that modelling; and
(iii) the applicant’s analysis of that information; and
(b) a written report that sets out the applicant’s assessment of:
(i) the behaviour of the greenhouse gas substance injected into the identified greenhouse gas storage formation; and
(ii) the expected migration pathway or pathways of that greenhouse gas substance; and
(iii) the short‑term consequences of the migration of that greenhouse gas substance; and
(iv) the long‑term consequences of the migration of that greenhouse gas substance; and
(c) the applicant’s suggestions for the approach to be taken by the Commonwealth, after the issue of the certificate, to the monitoring of the behaviour of a greenhouse gas substance stored in the identified greenhouse gas storage formation; and
(d) such other information (if any) as is specified in the regulations.
(2A) An application under this section is taken to be accompanied by the report referred to in paragraph (2)(a) if that report is given to the responsible Commonwealth Minister:
(a) if, as a result of the operation of this section, the application needs to be made within a particular period—before the end of that period; or
(b) in any other case—before the end of the 10‑day period that began on the day after the application was made.
(2B) An application under this section is taken to be accompanied by the report referred to in paragraph (2)(b) if that report is given to the responsible Commonwealth Minister:
(a) if, as a result of the operation of this section, the application needs to be made within a particular period—before the end of that period; or
(b) in any other case—before the end of the 10‑day period that began on the day after the application was made.
(2C) An application under this section is taken to be accompanied by the suggestions referred to in paragraph (2)(c) if those suggestions are given to the responsible Commonwealth Minister:
(a) if, as a result of the operation of this section, the application needs to be made within a particular period—before the end of that period; or
(b) in any other case—before the end of the 10‑day period that began on the day after the application was made.
(2D) If the regulations specify information for the purposes of paragraph (2)(d), an application under this section is taken to be accompanied by the information if the information is given to the responsible Commonwealth Minister:
(a) if, as a result of the operation of this section, the application needs to be made within a particular period—before the end of that period; or
(b) in any other case—before the end of the 10‑day period that began on the day after the application was made.
(3) Subsection (2) does not apply if there have not been any operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation.
Mandatory application—cessation of injection operations
(4) If:
(a) a greenhouse gas injection licence is in force; and
(b) operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation concerned have ceased;
the licensee must, within the application period, make an application under subsection (1) for a site closing certificate in relation to the identified greenhouse gas storage formation.
(5) The application period for an application referred to in subsection (4) is:
(a) the period of 30 days after the day on which the cessation referred to in paragraph (4)(b) occurred; or
(b) such longer period, not more than 90 days after that day, as the responsible Commonwealth Minister allows.
(6) The responsible Commonwealth Minister may allow a longer period under paragraph (5)(b) only on written application made by the licensee within the period of 30 days mentioned in paragraph (5)(a).
(7) A person commits an offence if:
(a) the person is subject to a requirement under subsection (4); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: 100 penalty units.
(8) An offence against subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Mandatory application—grounds for cancellation of licence
(9) If:
(a) a greenhouse gas injection licence is in force; and
(b) under Division 1 of Part 3.11, there is a ground for cancelling the licence;
the responsible Commonwealth Minister may, by written notice given to the licensee, direct the licensee:
(c) to make an application under subsection (1) for a site closing certificate in relation to each identified greenhouse gas storage formation specified in the licence; and
(d) to do so within the period specified in the notice.
(10) A period specified under paragraph (9)(d) must not be shorter than 30 days.
(11) A person commits an offence if:
(a) the person is given a direction under subsection (9); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: 100 penalty units.
(12) An offence against subsection (11) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Mandatory application—greenhouse gas injection licence tied to a petroleum retention lease or petroleum production licence
(13) If:
(a) a greenhouse gas injection licence is in force; and
(b) the greenhouse gas injection licence is tied to a petroleum retention lease or petroleum production licence; and
(c) the petroleum retention lease or petroleum production licence ceases to be in force as a result of being surrendered, cancelled, terminated or wholly revoked;
the licensee of the greenhouse gas injection licence must, within the application period, make an application under subsection (1) for a site closing certificate in relation to the identified greenhouse gas storage formation, or each of the identified greenhouse gas storage formations, specified in the greenhouse gas injection licence.
(14) The application period for an application referred to in subsection (13) is:
(a) the period of 30 days after the day on which the cessation referred to in paragraph (13)(c) occurred; or
(b) such longer period, not more than 90 days after that day, as the responsible Commonwealth Minister allows.
(15) The responsible Commonwealth Minister may allow a longer period under paragraph (14)(b) only on written application made by the licensee within the period of 30 days mentioned in paragraph (14)(a).
(16) A person commits an offence if:
(a) the person is subject to a requirement under subsection (13); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: 100 penalty units.
(17) An offence against subsection (16) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
387 Variation of application for site closing certificate
Scope
(1) This section applies if an application for a site closing certificate has been made under section 386.
Variation of application
(2) At any time before a decision on the application is made by the responsible Commonwealth Minister, the applicant may, by written notice given to the responsible Commonwealth Minister, vary the application.
(3) A variation of an application must be made in an approved manner.
(4) 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.
(5) A variation of an application may set out any additional matters that the applicant wishes to be considered.
(6) If an application under this section is varied, a reference in this Act to the application is a reference to the application as varied.
(7) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (3).
388 Issue of site closing certificate—pre‑certificate notice
(1) If:
(a) an application for a site closing certificate has been made under section 386; and
(b) either:
(i) the responsible Commonwealth Minister is satisfied that operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation concerned have ceased; or
(ii) the responsible Commonwealth Minister is satisfied that there have not been any operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation concerned;
the responsible Commonwealth Minister may give the applicant a written notice (called a pre‑certificate notice) telling the applicant that the responsible Commonwealth Minister is prepared to issue to the applicant a site closing certificate in relation to the identified greenhouse gas storage formation.
Note: See also section 391.
Responsible Commonwealth Minister must have regard to certain matters
(2) If the responsible Commonwealth Minister is satisfied that there is a significant risk that a greenhouse gas substance injected into the identified greenhouse gas storage formation will have a significant adverse impact on:
(a) navigation; or
(b) fishing; or
(c) any activities being lawfully carried on, or that could be lawfully carried on, by way of the construction or operation of a pipeline; or
(d) the enjoyment of native title rights (within the meaning of the Native Title Act 1993);
then, in deciding whether to give the applicant a pre‑certificate notice, the responsible Commonwealth Minister must have regard to that significant risk.
(3) Subsection (2) does not limit the matters to which the responsible Commonwealth Minister may have regard.
Circumstances in which a pre‑certificate notice may be refused
(4) The responsible Commonwealth Minister may refuse to give the applicant a pre‑certificate notice in relation to the identified greenhouse gas storage formation if:
(a) the responsible Commonwealth Minister is not satisfied that the greenhouse gas substance injected into the identified greenhouse gas storage formation is behaving as predicted in Part A of the approved site plan for the identified greenhouse gas storage formation; or
(b) the responsible Commonwealth Minister is satisfied that there is a significant risk that a greenhouse gas substance injected into the identified greenhouse gas storage formation will have a significant adverse impact on:
(i) the conservation or exploitation of natural resources (whether in an offshore area or elsewhere); or
(ii) the geotechnical integrity of the whole or a part of a geological formation or geological structure; or
(iii) the environment; or
(iv) human health or safety.
(5) Subsection (4) does not limit the matters to which the responsible Commonwealth Minister may have regard in deciding whether to refuse to give the applicant a pre‑certificate notice.
Circumstances in which a pre‑certificate notice must not be given
(6) The responsible Commonwealth Minister must not give the applicant a pre‑certificate notice in relation to the identified greenhouse gas storage formation unless the responsible Commonwealth Minister is satisfied that:
(a) either:
(i) the relevant statutory requirements have been complied with; or
(ii) any of the relevant statutory requirements have not been complied with, but there are sufficient grounds to warrant the issue of the site closing certificate; or
(b) if any conditions are specified in the regulations—those conditions have been satisfied.
(7) For the purposes of paragraph (6)(a), each of the following is a relevant statutory requirement:
(a) the conditions to which the greenhouse gas injection licence is, or has from time to time been, subject;
(b) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1;
(c) the provisions of the regulations.
Decision must be made within 5 years
(8) If an application for a site closing certificate has been made under section 386, the responsible Commonwealth Minister must make a decision on the application within 5 years after the application was made.
389 Acknowledgement of receipt of application for site closing certificate
Scope
(1) This section applies if an application has been made under section 386 for a site closing certificate.
Acknowledgement of receipt of application
(2) The responsible Commonwealth Minister must give the applicant notice of receipt of the application.
390 Refusal to give pre‑certificate notice
Scope
(1) This section applies if:
(a) an application has been made under section 386 for a site closing certificate; and
(b) the responsible Commonwealth Minister refuses to give a pre‑certificate notice to the applicant.
Notice of refusal
(2) The responsible Commonwealth Minister must give written notice of the refusal to the applicant.
391 Pre‑certificate notice—security etc.
(1) A pre‑certificate notice that relates to an application for a site closing certificate must:
(a) specify a program of operations proposed to be carried out by the Commonwealth for the purposes of monitoring the behaviour of a greenhouse gas substance stored in the identified greenhouse gas storage formation concerned; and
(b) set out an estimate of the total costs and expenses of carrying out the program; and
(c) specify the form and amount of a security to be lodged by the applicant in respect of the compliance, by the holder for the time being of the site closing certificate, with the holder’s obligations under section 398 in relation to the costs and expenses of carrying out the program; and
(d) contain a statement to the effect that the application will lapse if the applicant does not lodge the security with the responsible Commonwealth Minister within the period applicable under subsection (3).
(2) The amount of the security must equal the estimate referred to in paragraph (1)(b).
(3) The period for lodging the security is:
(a) 60 days after the pre‑certificate notice was given to the applicant; or
(b) such longer period, not more than 180 days after the pre‑certificate notice was given to the applicant, as the responsible Commonwealth Minister allows.
(4) If the applicant does not lodge the security with the responsible Commonwealth Minister within the period applicable under subsection (3), the application lapses at the end of that period.
(5) The regulations may provide that an estimate referred to in paragraph (1)(b) is to be made on the basis of:
(a) an assumption that costs and expenses will increase at an annual rate specified in the regulations; and
(b) such other assumptions (if any) as are specified in the regulations.
(6) Subsection (1) does not apply if the responsible Commonwealth Minister is satisfied that there have not been any operations for the injection of a greenhouse gas substance into the identified greenhouse gas storage formation concerned.
392 Issue of site closing certificate
If:
(a) an applicant has been given a pre‑certificate notice under subsection 388(1); and
(b) if subsection 391(1) applies—the applicant has lodged the specified security within the period applicable under subsection 391(3);
the responsible Commonwealth Minister must issue to the applicant a site closing certificate in relation to the identified greenhouse gas storage formation specified in the pre‑certificate notice.
Note: If the applicant does not lodge the security with the responsible Commonwealth Minister within the period applicable under subsection 391(3), the application lapses at the end of that period—see subsection 391(4).
393 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 386 for a site closing certificate in relation to an identified greenhouse gas storage formation specified in the greenhouse gas injection licence; and
(b) before any action has been taken by the responsible Commonwealth Minister under section 388 or 390 in relation to the application.
Transferee to be treated as applicant
(2) After the transfer, sections 386 to 392 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.
394 Duration of site closing certificate
(1) A site closing certificate remains in force indefinitely.
(2) Subsection (1) has effect subject to this Chapter.
395 Transfer of site closing certificate
If:
(a) a site closing certificate is held by the registered holder of a greenhouse gas injection licence; and
(b) a transfer of the licence is registered under section 530;
the site closing certificate is, by force of this section, transferred to the transferee of the licence.
If:
(a) a security is in force in relation to a site closing certificate; and
(b) the site closing certificate is transferred;
then:
(c) the interest of the transferor in the security is, by force of this section, transferred to the transferee; and
(d) a document setting out or relating to the security has effect, after the transfer, as if a reference in the document to the transferor were a reference to the transferee.
The regulations may make provision in relation to the discharge, in whole or in part, by the responsible Commonwealth Minister of securities in force in relation to site closing certificates.
398 Recovery of the Commonwealth’s costs and expenses
Scope
(1) This section applies if:
(a) a site closing certificate is in force in relation to an identified greenhouse gas storage formation; and
(b) the Commonwealth incurs reasonable costs or expenses in carrying out the program specified in the pre‑certificate notice for the site closing certificate.
Recovery of costs and expenses
(2) The costs or expenses:
(a) are a debt due to the Commonwealth by the holder of the certificate; and
(b) are recoverable in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
(3) The total of the costs and expenses recoverable under subsection (2) must not exceed the estimate set out in the pre‑certificate notice.
Division 8—Long‑term liabilities
(1) If:
(a) a site closing certificate is in force in relation to an identified greenhouse gas storage formation; and
(b) the responsible Commonwealth Minister is satisfied that operations for the injection of a greenhouse gas substance into the formation ceased on a day (the cessation day) before the application for the site closing certificate was made; and
(c) on a day (the decision day) that is at least 15 years after the issue of the site closing certificate, the responsible Commonwealth Minister is satisfied that:
(i) the greenhouse gas substance injected into the formation is behaving as predicted in Part A of the approved site plan for the formation; and
(ii) there is no significant risk that a greenhouse gas substance injected into the formation will have a significant adverse impact on the geotechnical integrity of the whole or a part of a geological formation or geological structure; and
(iii) there is no significant risk that a greenhouse gas substance injected into the formation will have a significant adverse impact on the environment; and
(iv) there is no significant risk that a greenhouse gas substance injected into the formation will have a significant adverse impact on human health or safety; and
(v) since the cessation day, there have not been any operations for the injection of a greenhouse gas substance into the formation;
the responsible Commonwealth Minister may, by writing, declare that the period:
(d) beginning at the end of the cessation day; and
(e) ending at the end of the decision day;
is the closure assurance period in relation to the formation for the purposes of this Act.
(2) A copy of a declaration under subsection (1) is to be given to the holder of the site closing certificate.
400 Indemnity—long‑term liability
Scope
(1) This section applies if:
(a) a site closing certificate is in force in relation to an identified greenhouse gas storage formation; and
(b) when the application for the certificate was made, the formation was specified in a greenhouse gas injection licence; and
(c) there is a closure assurance period in relation to the formation; and
(d) the following conditions are satisfied in relation to a liability of an existing person who is or has been the registered holder of the licence (whether or not the licence is in force):
(i) the liability is a liability for damages;
(ii) the liability is attributable to an act done or omitted to be done in the carrying out of operations authorised by the licence in relation to the formation;
(iii) the liability is incurred or accrued after the end of the closure assurance period in relation to the formation;
(iv) such other conditions (if any) as are specified in the regulations.
Indemnity
(2) The Commonwealth must indemnify the person against the liability.
401 Commonwealth to assume long‑term liability if licensee has ceased to exist
Scope
(1) This section applies if:
(a) a site closing certificate is in force in relation to an identified greenhouse gas storage formation; and
(b) when the application for the certificate was made, the formation was specified in a greenhouse gas injection licence; and
(c) there is a closure assurance period in relation to the formation; and
(d) a person who has been the registered holder of the licence (whether or not the licence is in force) has ceased to exist; and
(e) if the person had continued in existence, the following conditions would have been satisfied in relation to a liability of the person:
(i) the liability is a liability for damages;
(ii) the liability is attributable to an act done or omitted to be done in the carrying out of operations authorised by the licence in relation to the formation;
(iii) the liability is incurred or accrued after the end of the closure assurance period in relation to the formation;
(iv) such other conditions (if any) as are specified in the regulations; and
(f) apart from this section, the damages are irrecoverable because the person has ceased to exist.
Commonwealth to assume liability
(2) The liability is taken to be a liability of the Commonwealth.
Part 3.5—Greenhouse gas search authorities
The following is a simplified outline of this Part:
• This Part provides for the grant of greenhouse gas search authorities over blocks in an offshore area.
• A greenhouse gas search authority may be granted over a block so long as none of the following is in force over the block:
(a) a greenhouse gas assessment permit;
(b) a greenhouse gas holding lease;
(c) a greenhouse gas injection licence;
(d) a petroleum exploration permit;
(e) a petroleum retention lease;
(f) a petroleum production licence.
• A greenhouse gas search authority authorises the holder to carry on the following operations in the authority area:
(a) operations relating to the exploration for potential greenhouse gas storage formations;
(b) operations relating to the exploration for potential greenhouse gas injection sites.
• A greenhouse gas search authority does not authorise the holder to make a well.
403 Rights conferred by greenhouse gas search authority
(1) A greenhouse gas search authority authorises the registered holder, in accordance with the conditions (if any) to which the authority is subject, to carry on, in the authority area, the operations relating to:
(a) the exploration for potential greenhouse gas storage formations; and
(b) the exploration for potential greenhouse gas injection sites;
that are specified in the authority.
(2) A greenhouse gas search authority does not authorise the registered holder to make a well.
(3) The rights conferred on the registered holder by subsection (1) are subject to this Act and the regulations.
404 Conditions of greenhouse gas search authorities
(1) The responsible Commonwealth Minister may grant a greenhouse gas search authority subject to whatever conditions the responsible Commonwealth Minister thinks appropriate.
Note: See also section 571A, which deals with insurance.
(2) The conditions (if any) must be specified in the greenhouse gas search authority.
405 Duration of greenhouse gas search authority
(1) A greenhouse gas search authority comes into force on the day specified in the authority as the day on which the authority is to come into force.
(2) A greenhouse gas search authority remains in force for the period specified in the authority.
(3) The period specified under subsection (2) must not be longer than 180 days.
(4) Subsection (2) has effect subject to this Chapter.
Note 1: For the surrender of a greenhouse gas search authority, see Part 3.10.
Note 2: For the cancellation of a greenhouse gas search authority, see Part 3.11.
406 Greenhouse gas search authority cannot be transferred
A greenhouse gas search authority cannot be transferred.
Division 2—Obtaining a greenhouse gas search authority
407 Application for greenhouse gas search authority
(1) A person may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas search authority over a block or blocks, so long as none of the following is in force over that block or any of those blocks:
(a) a greenhouse gas assessment permit;
(b) a greenhouse gas holding lease;
(c) a greenhouse gas injection licence;
(d) a petroleum exploration permit;
(e) a petroleum retention lease;
(f) a petroleum production licence.
(2) An application under this section must specify:
(a) the operations relating to:
(i) the exploration for potential greenhouse gas storage formations; and
(ii) the exploration for potential greenhouse gas injection sites;
that the applicant proposes to carry on; and
(b) the block or blocks within which the applicant proposes to carry on those operations.
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.
408 Grant or refusal of greenhouse gas search authority
If an application for a greenhouse gas search authority has been made under section 407, the responsible Commonwealth Minister may:
(a) grant the applicant a greenhouse gas search authority; or
(b) by written notice given to the applicant, refuse to grant a greenhouse gas search authority to the applicant.
409 Holders to be informed of the grant of another greenhouse gas search authority
Scope
(1) This section applies if:
(a) a person (the first person) is the registered holder of a greenhouse gas search authority over a block; and
(b) another greenhouse gas search authority is granted to another person (the second person) over the block.
Holders to be informed
(2) The responsible Commonwealth Minister must, by written notice given to the first person, inform the first person of:
(a) the operations authorised by the greenhouse gas search authority granted to the second person; and
(b) the conditions of the greenhouse gas search authority granted to the second person.
(3) The responsible Commonwealth Minister must, by written notice given to the second person, inform the second person of:
(a) the operations authorised by the greenhouse gas search authority granted to the first person; and
(b) the conditions of the greenhouse gas search authority granted to the first person.
410 Holders to be informed of the grant of a petroleum special prospecting authority
Scope
(1) This section applies if:
(a) a person (the first person) is the registered holder of a greenhouse gas search authority over a block; and
(b) a petroleum special prospecting authority is granted to another person (the second person) over the block.
Holders to be informed
(2) The Titles Administrator must, by written notice given to the first person, inform the first person of:
(a) the operations authorised by the petroleum special prospecting authority granted to the second person; and
(b) the conditions of the petroleum special prospecting authority granted to the second person.
(3) The responsible Commonwealth Minister must, by written notice given to the second person, inform the second person of:
(a) the operations authorised by the greenhouse gas search authority granted to the first person; and
(b) the conditions of the greenhouse gas search authority granted to the first person.
Part 3.6—Greenhouse gas special authorities
The following is a simplified outline of this Part:
• This Part provides for the grant of greenhouse gas special authorities over blocks in an offshore area.
• A greenhouse gas special authority authorises the holder to carry on certain operations in the authority area (but not to make a well).
412 Rights conferred by greenhouse gas special authority
(1) A greenhouse gas special authority authorises the registered holder, in accordance with the conditions (if any) to which the authority is subject, to carry on, in the authority area, the operations specified in the authority.
(2) A greenhouse gas special authority does not authorise the registered holder to make a well.
(3) The rights conferred on the registered holder by subsection (1) are subject to this Act and the regulations.
413 Conditions of greenhouse gas special authorities
(1) The responsible Commonwealth Minister may grant a greenhouse gas special authority subject to whatever conditions the responsible Commonwealth Minister thinks appropriate.
Note: See also section 571A, which deals with insurance.
(2) The conditions (if any) must be specified in the greenhouse gas special authority.
414 Duration of greenhouse gas special authority
(1) A greenhouse gas special authority comes into force on the day specified in the authority as the day on which the authority is to come into force.
(2) A greenhouse gas special authority remains in force for the period specified in the authority, but may be extended by the responsible Commonwealth Minister for a further specified period.
(3) Subsection (2) has effect subject to this Chapter.
Note 1: For the surrender of a greenhouse gas special authority, see Part 3.10.
Note 2: For the revocation of a greenhouse gas special authority, see section 421.
Division 2—Obtaining a greenhouse gas special authority
415 Application for greenhouse gas special authority
(1) The table has effect:
Application for greenhouse gas special authority | |||
| Column 1 | Column 2 | Column 3 |
Item | This person... | may apply to... | for the grant of a greenhouse gas special authority to enable the person to... |
1 | the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence relating to a particular offshore area | the responsible Commonwealth Minister | carry on, in an area that is: (a) part of that offshore area but outside the permit area, lease area or licence area; or (b) part of an adjoining offshore area; any or all of the following: (c) operations relating to the exploration for potential greenhouse gas storage formations; (d) operations relating to the exploration for potential greenhouse gas injection sites; (e) operations relating to the injection of a greenhouse gas substance into a part of a geological formation; (f) operations relating to the storage of a greenhouse gas substance in a part of a geological formation; (g) operations to carry out baseline investigations relating to the storage of a greenhouse gas substance in a part of a geological formation; (h) operations relating to the monitoring of the behaviour of a greenhouse gas substance stored in a part of a geological formation. |
2 | the registered holder of a greenhouse gas search authority relating to a particular offshore area | the responsible Commonwealth Minister | carry on either or both of the following: (a) operations relating to the exploration for potential greenhouse gas storage formations; (b) operations relating to the exploration for potential greenhouse gas injection sites; in an area that is: (c) part of that offshore area but outside the authority area of the greenhouse gas search authority; or (d) part of an adjoining offshore area. |
(2) An application under this section must specify:
(a) the operations that the applicant proposes to carry on; and
(b) the area in which the applicant proposes to carry on those operations.
Note: Part 3.8 contains additional provisions about application procedures.
416 Grant or refusal of greenhouse gas special authority
If:
(a) an application for a greenhouse gas special authority has been made under section 415; and
(b) the responsible Commonwealth Minister is satisfied that it is necessary or desirable to grant the greenhouse gas special authority for:
(i) the more effective exercise of the applicant’s rights; or
(ii) the proper performance of the applicant’s duties;
in the applicant’s capacity as the registered holder of:
(iii) a greenhouse gas assessment permit; or
(iv) a greenhouse gas holding lease; or
(v) a greenhouse gas injection licence; or
(vi) a greenhouse gas search authority;
the responsible Commonwealth Minister may:
(c) grant the applicant a greenhouse gas special authority; or
(d) by written notice given to the applicant, refuse to grant a greenhouse gas special authority to the applicant.
Note: Consultation procedures apply—see section 417.
417 Consultation—grant of greenhouse gas special authority
Scope
(1) This section applies if:
(a) an application for a greenhouse gas special authority has been made under section 415 in relation to an area (the application area); and
(b) the application area is, to any extent, the subject of:
(i) a greenhouse gas assessment permit; or
(ii) a greenhouse gas holding lease; or
(iii) a greenhouse gas injection licence; or
(iv) a greenhouse gas search authority; and
(c) the applicant is not the registered holder of the permit, lease, licence or authority mentioned in paragraph (b); and
(d) the registered holder of the permit, lease, licence or authority mentioned in paragraph (b) has not given written consent to the grant of the greenhouse gas special authority.
Consultation
(2) Before granting the greenhouse gas special authority, the responsible Commonwealth Minister must:
(a) by written notice given to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(b), give at least 30 days notice of the responsible Commonwealth Minister’s intention to grant the greenhouse gas special authority; and
(b) give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.
(3) The notice must:
(a) set out details of the greenhouse gas special authority that is proposed to be granted; and
(b) invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal; and
(c) specify a time limit for making that submission.
(4) In deciding:
(a) whether to grant the greenhouse gas special authority; and
(b) the conditions (if any) to which the greenhouse gas special authority should be subject;
the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.
Division 3—Variation of greenhouse gas special authorities
418 Variation of greenhouse gas special authority
The responsible Commonwealth Minister may, by written notice given to the registered holder of a greenhouse gas special authority, vary the greenhouse gas special authority.
Note: Consultation procedures apply—see section 419.
419 Consultation—variation of greenhouse gas special authority
Scope
(1) This section applies if:
(a) the responsible Commonwealth Minister proposes to vary a greenhouse gas special authority; and
(b) the authority area is, to any extent, the subject of:
(i) a greenhouse gas assessment permit; or
(ii) a greenhouse gas holding lease; or
(iii) a greenhouse gas injection licence; or
(iv) a greenhouse gas search authority; and
(c) the applicant is not the registered holder of the permit, lease, licence or authority mentioned in paragraph (b); and
(d) the registered holder of the permit, lease, licence or authority mentioned in paragraph (b) has not given written consent to the variation of the greenhouse gas special authority.
Consultation
(2) Before varying the greenhouse gas special authority, the responsible Commonwealth Minister must:
(a) by written notice given to the registered holder of the permit, lease, licence or authority mentioned in paragraph (1)(b) give at least 30 days notice of the responsible Commonwealth Minister’s intention to vary the greenhouse gas special authority; and
(b) give a copy of the notice to:
(i) the registered holder of the greenhouse gas special authority; and
(ii) such other persons (if any) as the responsible Commonwealth Minister thinks fit.
(3) The notice must:
(a) set out details of the variation that is proposed to be made; and
(b) invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the responsible Commonwealth Minister about the proposal; and
(c) specify a time limit for making that submission.
(4) In deciding whether to vary the greenhouse gas special authority, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.
Division 4—Reporting obligations of holders of greenhouse gas special authorities
420 Reporting obligations of holders of greenhouse gas special authorities
(1) If:
(a) at any time during a particular month, a greenhouse gas special authority is in force in relation to an area that consists of, or includes, a block that is the subject of:
(i) a greenhouse gas assessment permit; or
(ii) a greenhouse gas holding lease; or
(iii) a greenhouse gas injection licence; and
(b) the registered holder of the greenhouse gas special authority is not the registered holder of the permit, lease or licence;
the registered holder of the greenhouse gas special authority must, within 30 days after the end of that month, give the registered holder of the permit, lease or licence:
(c) a written report about the operations carried on in that block during that month; and
(d) a written summary of the facts ascertained from those operations.
(2) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: 50 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Division 5—Revocation of greenhouse gas special authorities
421 Revocation of greenhouse gas special authority
(1) The responsible Commonwealth Minister may, by written notice given to the registered holder of a greenhouse gas special authority, revoke the greenhouse gas special authority.
(2) If:
(a) the responsible Commonwealth Minister revokes a greenhouse gas special authority; and
(b) the greenhouse gas special authority authorised operations in:
(i) a greenhouse gas assessment permit area; or
(ii) a greenhouse gas holding lease area; or
(iii) a greenhouse gas injection licence area;
the responsible Commonwealth Minister must give written notice of the revocation to the permittee, lessee or licensee.
Part 3.7—Greenhouse gas research consents
The following is a simplified outline of this Part:
• This Part provides for the grant of greenhouse gas research consents.
• A greenhouse gas research consent authorises the holder to carry on the following operations in the course of a scientific investigation:
(a) operations relating to the exploration for potential greenhouse gas storage formations;
(b) operations relating to the exploration for potential greenhouse gas injection sites.
423 Rights conferred by greenhouse gas research consent
(1) A greenhouse gas research consent authorises the holder, in accordance with the conditions (if any) to which the consent is subject, to carry on, in the offshore area specified in the consent, the operations relating to:
(a) the exploration for potential greenhouse gas storage formations; and
(b) the exploration for potential greenhouse gas injection sites;
that are specified in the consent in the course of the scientific investigation specified in the consent.
(2) The rights conferred on the holder by subsection (1) are subject to section 460.
Note: Section 460 deals with interference with other rights.
424 Conditions of greenhouse gas research consents
(1) The responsible Commonwealth Minister may grant a greenhouse gas research consent subject to whatever conditions the responsible Commonwealth Minister thinks appropriate.
(2) The conditions (if any) must be specified in the consent.
425 Grant of greenhouse gas research consent
(1) The responsible Commonwealth Minister may grant a written greenhouse gas research consent authorising a person to carry on, in an offshore area, the following operations in the course of a scientific investigation:
(a) operations relating to the exploration for potential greenhouse gas storage formations;
(b) operations relating to the exploration for potential greenhouse gas injection sites.
(2) The person is the holder of the consent.
426 Application to be made in an approved manner
Scope
(1) This section applies to an application for:
(a) the grant or renewal of a greenhouse gas assessment permit; or
(b) the grant or renewal of a greenhouse gas holding lease; or
(c) the grant or variation of a greenhouse gas injection licence; or
(d) the grant of a greenhouse gas search authority; or
(e) the grant of a greenhouse gas special authority; or
(f) a site closing certificate.
Manner
(2) The application must be made in an approved manner.
Note: See also subsection 33(3A) of the Acts Interpretation Act 1901.
(3) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (2).
Scope
(1) This section applies to an application for:
(a) the grant or renewal of a greenhouse gas assessment permit; or
(b) the grant or renewal of a greenhouse gas holding lease; or
(c) the grant or variation of a greenhouse gas injection licence; or
(d) the grant of a greenhouse gas search authority; or
(e) a site closing certificate.
Application fee
(2) The application must be accompanied by the fee (if any) prescribed by the regulations.
(3) Different fees may be prescribed for different applications.
(4) A fee must not be such as to amount to taxation.
(4A) The application is taken to be accompanied by a fee if the fee is received before the end of the 10‑day period that began on the day after the application was made.
(5) To avoid doubt, a fee is in addition to:
(a) the amount that a person specifies in an application as the amount that the person is prepared to pay for a cash‑bid greenhouse gas assessment permit; and
(b) the amount specified in an offer document as the amount that a person must pay for a cash‑bid greenhouse gas assessment permit.
428 Application may set out additional matters
Scope
(1) This section applies to the following:
(a) an application for the grant of a greenhouse gas assessment permit (otherwise than by way of renewal);
(b) an application for the grant of a greenhouse gas holding lease (otherwise than by way of renewal);
(c) an application for the grant or variation of a greenhouse gas injection licence;
(d) an application for the grant of a greenhouse gas special authority;
(e) an application for a site closing certificate.
Additional matters
(2) The application may set out any additional matters that the applicant wishes to be considered.
429 Responsible Commonwealth Minister may require further information
Scope
(1) This section applies to an application for:
(a) the grant or renewal of a greenhouse gas assessment permit (other than a cross‑boundary greenhouse gas assessment permit); or
(b) the grant or renewal of a greenhouse gas holding lease (other than a cross‑boundary greenhouse gas holding lease); or
(c) the grant of a greenhouse gas injection licence (other than a cross‑boundary greenhouse gas injection licence); or
(ca) the variation of a greenhouse gas injection licence; or
(d) a site closing certificate; or
(e) the variation or suspension of, or exemption from compliance with, the conditions of a greenhouse gas title under section 436.
Requirement to give further information
(2) The responsible Commonwealth Minister may, by written notice given to the applicant, require the applicant to give the responsible Commonwealth Minister, within the period specified in the notice, further information in connection with the application.
Consequences of breach of requirement
(3) If the applicant breaches the requirement, 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.
(4) Subsection (3) has effect despite any provision of this Act that requires the responsible Commonwealth Minister to:
(a) consider the application; or
(b) take any particular action in relation to the application.
(5) A reference in this section to taking action in relation to the application includes a reference to giving an offer document in relation to the application.
429A Titles Administrator may require further information
Scope
(1) This section applies to an application for:
(a) the grant or renewal of a cross‑boundary greenhouse gas assessment permit; or
(b) the grant or renewal of a cross‑boundary greenhouse gas holding lease; or
(c) the grant of a cross‑boundary greenhouse gas injection licence; or
(d) the variation or suspension of, or exemption from compliance with, the conditions of a greenhouse gas title under section 439A.
Requirement to give further information
(2) The Titles Administrator may, by written notice given to the applicant, require the applicant to give the Titles Administrator, within the period specified in the notice, further information in connection with the application.
Consequences of breach of requirement
(3) If the applicant breaches the requirement, the Cross‑boundary Authority 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.
(4) Subsection (3) has effect despite any provision of this Act that requires the Cross‑boundary Authority to:
(a) consider the application; or
(b) take any particular action in relation to the application.
(5) A reference in this section to taking action in relation to the application includes a reference to giving an offer document in relation to the application.
Scope
(1) This section applies to an offer document that relates to an application for:
(a) the grant or renewal of a greenhouse gas assessment permit; or
(b) the grant or renewal of a greenhouse gas holding lease; or
(c) the grant of a greenhouse gas injection licence.
General requirements
(2) The offer document must contain:
(a) a summary of the conditions to which the permit, lease or licence will be subject; and
(b) a statement to the effect that the application will lapse if the applicant does not make a request under section 431 or 431A.
Payment for cash‑bid greenhouse gas assessment permit
(3) If the offer document relates to an application for the grant of a cash‑bid greenhouse gas assessment permit, the offer document must:
(a) specify the amount that the applicant must pay for the permit; and
(b) contain a statement to the effect that the application will lapse if the applicant does not pay the amount to the Commonwealth within the period allowed for making a request under section 431.
Security
(4) The offer document may:
(a) specify the form and amount of a security to be lodged by the applicant in respect of compliance with the applicable statutory obligations by the registered holder for the time being of the permit, lease or licence; and
(b) contain a statement to the effect that the application will lapse if the applicant does not lodge the security with the responsible Commonwealth Minister within the period allowed for making a request under section 431 or 431A.
(5) For the purposes of subsection (4), the applicable statutory obligations are as follows:
(a) the obligation of the registered holder to comply with a condition to which the permit, lease or licence is subject;
(b) the obligation of the registered holder to comply with a direction given to the registered holder by the responsible Commonwealth Minister, NOPSEMA or the Titles Administrator under this Chapter, Chapter 6 or Part 8.1;
(c) the obligation of the registered holder to comply with the provisions of:
(i) this Chapter; or
(ii) Chapter 5; or
(iia) Chapter 5A; or
(iii) Chapter 6; or
(iv) Part 8.1; or
(v) the regulations.
431 Acceptance of offer—request by applicant (titles other than cross‑boundary titles)
(1A) This section does not apply to:
(a) a cross‑boundary greenhouse gas assessment permit; or
(b) a cross‑boundary greenhouse gas holding lease; or
(c) a cross‑boundary greenhouse gas injection licence.
(1) The table has effect:
Acceptance of offer by applicant | |||||
Item | Column 1 | Column 2 | Column 3 | ||
| If an offer document relates to an application for the grant of... | the applicant may, within... | by written notice given to the responsible Commonwealth Minister, request the responsible Commonwealth Minister to grant the applicant... | ||
1 | a work‑bid greenhouse gas assessment permit | whichever of the following periods is applicable: (a) 30 days after the offer document was given to the applicant; (b) such longer period, not more than 60 days after the offer document was given to the applicant, as the responsible Commonwealth Minister allows; | the permit. | ||
2 | a cash‑bid greenhouse gas assessment permit | 30 days after the offer document was given to the applicant; | the permit. | ||
2A | the renewal of a greenhouse gas assessment permit | 30 days after the offer document was given to the applicant; | the renewal of the permit. | ||
3 | a greenhouse gas holding lease | whichever of the following periods is applicable: (a) 30 days after the offer document was given to the applicant; (b) such longer period, not more than 60 days after the offer document was given to the applicant, as the responsible Commonwealth Minister allows; | the lease. | ||
4 | the renewal of a greenhouse gas holding lease | 30 days after the offer document was given to the applicant; | the renewal of the lease. | ||
5 | a greenhouse gas injection licence | whichever of the following periods is applicable: (a) 90 days after the offer document was given to the applicant; (b) such longer period, not more than 180 days after the offer document was given to the applicant, as the responsible Commonwealth Minister allows; | the licence. | ||
Longer periods
(2) The responsible Commonwealth Minister may allow a longer period under paragraph (b) of column 2 of item 1 or 3 of the table only on written application made by the applicant within the period of 30 days mentioned in paragraph (a) of that column.
(3) The responsible Commonwealth Minister may allow a longer period under paragraph (b) of column 2 of item 5 of the table only on written application made by the applicant within the period of 90 days mentioned in paragraph (a) of that column.
Application lapses if request not made within the applicable period
(4) If an applicant does not make a request under an item of the table within the period applicable under column 2 of the table, the application lapses at the end of that period.
431A Acceptance of offer—request by applicant (cross‑boundary titles)
(1) The table has effect:
Acceptance of offer by applicant | |||||
Item | Column 1 | Column 2 | Column 3 | ||
| If an offer document relates to an application for the grant of ... | the applicant may, within ... | by written notice given to the Titles Administrator, request the Cross‑boundary Authority to grant the applicant ... | ||
1 | a cross‑boundary greenhouse gas assessment permit | 30 days after the offer document was given to the applicant | the permit. | ||
the renewal of a cross‑boundary greenhouse gas assessment permit | 30 days after the offer document was given to the applicant | the renewal of the permit. | |||
3 | a cross‑boundary greenhouse gas holding lease | whichever of the following periods is applicable: (a) 30 days after the offer document was given to the applicant; (b) such longer period, not more than 60 days after the offer document was given to the applicant, as the Titles Administrator allows | the lease. | ||
4 | the renewal of a cross‑boundary greenhouse gas holding lease | 30 days after the offer document was given to the applicant | the renewal of the lease. | ||
a cross‑boundary greenhouse gas injection licence | whichever of the following periods is applicable: (a) 90 days after the offer document was given to the applicant; (b) such longer period, not more than 180 days after the offer document was given to the applicant, as the Titles Administrator allows | the licence. | |||
Longer periods
(2) The Titles Administrator may allow a longer period under paragraph (b) of column 2 of item 3 of the table only on written application made by the applicant within the period of 30 days mentioned in paragraph (a) of that column.
(3) The Titles Administrator may allow a longer period under paragraph (b) of column 2 of item 5 of the table only on written application made by the applicant within the period of 90 days mentioned in paragraph (a) of that column.
Application lapses if request not made within the applicable period
(4) If an applicant does not make a request under an item of the table within the period applicable under column 2 of the table, the application lapses at the end of that period.
432 Acceptance of offer—payment
If:
(a) an offer document specifies an amount that the applicant must pay to the Commonwealth for the grant of a cash‑bid greenhouse gas assessment permit; and
(b) the applicant has not paid that amount within the period applicable under column 2 of the table in subsection 431(1);
the application lapses at the end of that period.
433 Acceptance of offer—lodgment of security
If:
(a) an offer document specifies the form and amount of a security that the applicant must lodge with the responsible Commonwealth Minister; and
(b) the applicant has not lodged that security within the period applicable under section 431 or 431A;
the application lapses at the end of that period.
434 Consultation—adverse decisions (general)
Scope
(1) This section applies to a decision set out in the table, and the affected person in relation to that decision is set out in the table:
Decisions and affected persons | |||||
Item | Column 1 | Column 2 | Column 3 | ||
| Provision under which decision is made | Decision of the responsible Commonwealth Minister | Affected person | ||
1A | section 310 | refusal to renew a greenhouse gas assessment permit | the permittee. | ||
1 | section 332 | refusal to grant a greenhouse gas holding lease to a greenhouse gas injection licensee | the licensee. | ||
2 | section 349 | refusal to renew a greenhouse gas holding lease | the lessee. | ||
3 | section 374 or 374A | refusal to vary a greenhouse gas injection licence | the licensee. | ||
Consultation
(2) Before making the decision, the responsible Commonwealth Minister must:
(a) by written notice given to the affected person, give at least 30 days notice of the responsible Commonwealth Minister’s intention to make the decision; and
(b) give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.
(3) The notice must:
(a) set out details of the decision that is proposed to be made; and
(b) set out the reasons for the proposal; and
(c) 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; and
(d) specify a time limit for making that submission.
(4) In deciding whether to make the decision, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.
434A Consultation—adverse decisions (cross‑boundary titles)
Scope
(1) This section applies to a decision set out in the table, and the affected person in relation to that decision is set out in the table:
Decisions and affected persons | |||||
Item | Column 1 | Column 2 | Column 3 | ||
| Provision under which decision is made | Decision of the Cross‑boundary Authority | Affected person | ||
1 | section 311C | refusal to renew a cross‑boundary greenhouse gas assessment permit | the permittee | ||
2 | section 335C | refusal to grant a cross‑boundary greenhouse gas holding lease to a cross‑boundary greenhouse gas injection licensee | the licensee | ||
3 | section 350C | refusal to renew a cross‑boundary greenhouse gas holding lease | the lessee | ||
Consultation
(2) Before making the decision, the Cross‑boundary Authority must:
(a) by written notice given to the affected person, give at least 30 days notice of the Cross‑boundary Authority’s intention to make the decision; and
(b) give a copy of the notice to such other persons (if any) as the Cross‑boundary Authority thinks fit.
(3) The notice must:
(a) set out details of the decision that is proposed to be made; and
(b) set out the reasons for the proposed decision; and
(c) invite a person to whom the notice, or a copy of the notice, has been given to make a written submission to the Cross‑boundary Authority about the proposed decision; and
(d) specify a time limit for making that submission.
(4) In deciding whether to make the decision, the Cross‑boundary Authority must take into account any submissions made in accordance with the notice.
Scope
(1) This section applies to the following applications:
(a) an application under subsection 292(1) or 292A(1) for approval to carry on one or more key greenhouse gas operations under a greenhouse gas assessment permit;
(b) an application under subsection 321(1) or 321A(1) for approval to carry on one or more key greenhouse gas operations under a greenhouse gas holding lease;
(c) an application under section 361 for the grant of a greenhouse gas injection licence;
(ca) an application under section 368A for the grant of a greenhouse gas injection licence;
(d) an application under section 369 for the grant of a greenhouse gas injection licence;
where either or both of the following are relevant to the responsible Commonwealth Minister’s decision on the application:
(e) the existence or non‑existence of a designated agreement;
(f) the terms of a designated agreement.
Report about negotiations
(2) The responsible Commonwealth Minister may, by written notice given to the applicant, require the applicant to give to the responsible Commonwealth Minister, within the period specified in the notice, a written report about negotiations, or attempts at negotiations, relating to:
(a) the entering into of the designated agreement; and
(b) the terms of the designated agreement.
Consequences of breach of requirement
(3) If the applicant breaches the requirement, 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.
(4) Subsection (3) has effect despite any provision of this Act that requires the responsible Commonwealth Minister to:
(a) consider the application; or
(b) take any particular action in relation to the application.
Part 3.9—Variation, suspension and exemption
436 Variation, suspension and exemption—conditions of titles
(1AA) This section does not apply to:
(a) a cross‑boundary greenhouse gas assessment permit; or
(b) a cross‑boundary greenhouse gas holding lease; or
(c) a cross‑boundary greenhouse gas injection licence.
When the conditions of a title may be the subject of a variation, suspension or exemption
(1) This section applies if an event specified in the table happens, or a circumstance specified in the table exists:
When the conditions of a title may be the subject of a variation, suspension or exemption | |||
Item | Title | Event or circumstance | |
1 | a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence | the permittee, lessee or licensee applies in writing to the responsible Commonwealth Minister for: (a) a variation or suspension of any of the conditions to which the permit, lease or licence is subject; or (b) exemption from compliance with any of the conditions to which the permit, lease or licence is subject. | |
2 | a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence | the responsible Commonwealth Minister or the Titles Administrator gives a direction or consent to the permittee, lessee or licensee under: (a) this Chapter; or (b) Chapter 6; or (c) Part 8.1; or (d) the regulations. | |
3 | greenhouse gas injection licence | the licence is partly surrendered. | |
4 | a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence | the permittee, lessee or licensee consents to the making of a determination under section 462. | |
4AA | a greenhouse gas assessment permit | the permit is taken to continue in force until the responsible Commonwealth Minister grants, or refuses to grant, a consolidated work‑bid greenhouse gas assessment permit (see subsection 302A(4)). | |
4A | a greenhouse gas assessment permit | the permit is taken to continue in force until the responsible Commonwealth Minister grants, or refuses to grant, the renewal of the permit (see subsection 308(6)). | |
5 | a greenhouse gas holding lease | the lease is taken to continue in force until the responsible Commonwealth Minister grants, or refuses to grant, the renewal of the lease (see subsection 347(6)). | |
(1A) An application under item 1 of the table in subsection (1) for a variation of any of the conditions to which a permit, lease or licence is subject may be set out in the same document as an application under that item for a suspension of any of the conditions to which the permit, lease or licence is subject.
Variation, suspension or exemption
(2) The responsible Commonwealth Minister may, by written notice given to the permittee, lessee or licensee:
(a) vary; or
(b) suspend; or
(c) exempt the permittee, lessee or licensee from compliance with;
any of the conditions to which the permit, lease, or licence is subject, on such conditions (if any) as are specified in the notice.
(2A) In making a decision under subsection (2), the responsible Commonwealth Minister may have regard to:
(a) whether the technical advice and financial resources available to the permittee, lessee or licensee are sufficient to:
(i) carry out the operations and works that will be authorised by the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and
(b) any other matters prescribed by the regulations; and
(c) any other matters the responsible Commonwealth Minister considers relevant.
(3) A variation under subsection (2) may be in the same notice as a suspension under that subsection.
Notice of refusal of application
(3A) If:
(a) an application is made under item 1 of the table in subsection (1); and
(b) the responsible Commonwealth Minister refuses the application;
the responsible Commonwealth Minister must:
(c) by written notice given to the applicant, notify the applicant of the refusal; and
(d) do so as soon as practicable after the refusal.
When variation takes effect
(4) A variation of a greenhouse gas injection licence under this section takes effect on the day on which notice of the variation is published in the Gazette.
(5) A variation of a greenhouse gas assessment permit or greenhouse gas holding lease under this section takes effect on the day on which notice of the variation is given to the permittee or lessee.
Scope
(1) This section applies if, under section 436, the responsible Commonwealth Minister decides to suspend any of the conditions to which a greenhouse gas assessment permit or greenhouse gas holding lease is subject.
Extension of term
(2) If the responsible Commonwealth Minister considers that the circumstances make it reasonable to do so, the responsible Commonwealth Minister may extend the term of the permit or lease by a period that the responsible Commonwealth Minister considers appropriate.
(3) In considering what period of extension may be appropriate, the responsible Commonwealth Minister must have regard to:
(a) the length of the period of suspension; and
(b) such other matters (if any) as the responsible Commonwealth Minister considers relevant.
(4) The extension may be:
(a) in the notice of suspension; or
(b) by a later written notice given to the permittee or lessee.
(5) Subsection (2) has effect subject to this Chapter but despite:
(a) in the case of a greenhouse gas assessment permit—section 293; and
(b) in the case of a greenhouse gas holding lease—section 322.
(1A) This section does not apply to:
(a) a cross‑boundary greenhouse gas assessment permit; or
(b) a cross‑boundary greenhouse gas holding lease; or
(c) a cross‑boundary greenhouse gas injection licence.
(1) If:
(a) a greenhouse gas assessment permittee or a greenhouse gas holding lessee applies for a suspension of any of the conditions to which the permit or lease is subject; and
(b) the permit or lease would, apart from this subsection, expire before the responsible Commonwealth Minister makes a decision on the application;
the permit or lease continues in force until the responsible Commonwealth Minister makes a decision on the application.
(2) If the responsible Commonwealth Minister refuses the application, the permit or lease continues in force until the end of:
(a) the period of 2 months that began when notice of the refusal was given to the permittee or lessee; or
(b) such longer period as the responsible Commonwealth Minister allows.
(3) If a greenhouse gas assessment permit or a greenhouse gas holding lease continues in force during a period under subsection (2), the permittee or lessee is not entitled to make an application during that period for a suspension of any of the conditions to which the permit or lease is subject.
(4) Subsections (1) and (2) have effect subject to this Chapter but despite:
(a) in the case of a greenhouse gas assessment permit—section 293; and
(b) in the case of a greenhouse gas holding lease—section 322.
Note: See the notes at the end of sections 293 and 322.
438 Suspension of rights—greenhouse gas assessment permit or greenhouse gas holding lease
Suspension of rights
(1) If the responsible Commonwealth Minister is satisfied that it is necessary to do so in the national interest, the responsible Commonwealth Minister must, by written notice given to a greenhouse gas assessment permittee or greenhouse gas holding lessee, suspend, either:
(a) for a specified period; or
(b) indefinitely;
any or all of the rights conferred by the permit or lease.
(2) If any rights are suspended under subsection (1), any conditions that must be complied with in the exercise of those rights are also suspended.
Termination of suspension
(3) The responsible Commonwealth Minister may, by written notice given to the permittee or lessee, terminate a suspension of rights under subsection (1).
Scope
(1) This section applies if rights conferred by a greenhouse gas assessment permit or greenhouse gas holding lease are suspended under section 438.
Extension of term
(2) The responsible Commonwealth Minister may extend the term of the permit or lease by a period not more than the period of the suspension.
(3) The extension may be:
(a) in the notice of suspension; or
(b) by a later written notice given to the permittee or lessee.
Subdivision B—Cross‑boundary titles
439A Variation, suspension and exemption—conditions of cross‑boundary titles
When the conditions of a cross‑boundary title may be the subject of a variation, suspension or exemption
(1) This section applies if an event specified in the table happens, or a circumstance specified in the table exists:
When the conditions of a title may be the subject of a variation, suspension or exemption | ||||
Item | Title | Event or circumstance | ||
1 | a cross‑boundary greenhouse gas assessment permit, cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence | the permittee, lessee or licensee applies in writing to the Cross‑boundary Authority for: (a) a variation or suspension of any of the conditions to which the permit, lease or licence is subject; or (b) exemption from compliance with any of the conditions to which the permit, lease or licence is subject | ||
2 | a cross‑boundary greenhouse gas assessment permit, cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence | the responsible Commonwealth Minister gives a direction or consent to the permittee, lessee or licensee under: (a) this Chapter; or (b) Chapter 6; or (c) Part 8.1; or (d) the regulations | ||
3 | a cross‑boundary greenhouse gas injection licence | the licence is partly surrendered | ||
4 | a cross‑boundary greenhouse gas assessment permit, cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence | the permittee, lessee or licensee consents to the making of a determination under section 462 | ||
5 | a cross‑boundary greenhouse gas assessment permit | the permit is taken to continue in force until the Cross‑boundary Authority grants, or refuses to grant, the renewal of the permit (see subsection 311A(9)) | ||
6 | a cross‑boundary greenhouse gas holding lease | the lease is taken to continue in force until the Cross‑boundary Authority grants, or refuses to grant, the renewal of the lease (see subsection 350A(7)) | ||
(2) An application under item 1 of the table in subsection (1) for a variation of any of the conditions to which a permit, lease or licence is subject may be set out in the same document as an application under that item for a suspension of any of the conditions to which the permit, lease or licence is subject.
Variation, suspension or exemption
(3) The Cross‑boundary Authority may, by written notice given to the permittee, lessee or licensee:
(a) vary; or
(b) suspend; or
(c) exempt the permittee, lessee or licensee from compliance with;
any of the conditions to which the permit, lease, or licence is subject, on such conditions (if any) as are specified in the notice.
(3A) In making a decision under subsection (3), the Cross‑boundary Authority may have regard to:
(a) whether the technical advice and financial resources available to the permittee, lessee or licensee are sufficient to:
(i) carry out the operations and works that will be authorised by the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the permit, lease, or licence if the condition of the permit, lease or licence is varied or suspended or the permittee, lessee or licensee is exempt from compliance with the condition; and
(b) any other matters prescribed by the regulations; and
(c) any other matters the Cross‑boundary Authority considers relevant.
(4) A variation under subsection (3) may be in the same notice as a suspension under that subsection.
Notice of refusal of application
(5) If:
(a) an application is made under item 1 of the table in subsection (1); and
(b) the Cross‑boundary Authority refuses the application;
the Cross‑boundary Authority must:
(c) by written notice given to the applicant, notify the applicant of the refusal; and
(d) do so as soon as practicable after the refusal.
When variation takes effect
(6) A variation of a cross‑boundary greenhouse gas injection licence under this section takes effect on the day on which notice of the variation is published in the Gazette.
(7) A variation of a cross‑boundary greenhouse gas assessment permit or cross‑boundary greenhouse gas holding lease under this section takes effect on the day on which notice of the variation is given to the permittee or lessee.
Scope
(1) This section applies if, under section 439A, the Cross‑boundary Authority decides to suspend any of the conditions to which a cross‑boundary greenhouse gas assessment permit or cross‑boundary greenhouse gas holding lease is subject.
Extension of term
(2) If the Cross‑boundary Authority considers that the circumstances make it reasonable to do so, the Cross‑boundary Authority may extend the term of the permit or lease by a period that the Cross‑boundary Authority considers appropriate.
(3) In considering what period of extension may be appropriate, the Cross‑boundary Authority must have regard to:
(a) the length of the period of suspension; and
(b) such other matters (if any) as the Cross‑boundary Authority considers relevant.
(4) The extension may be:
(a) in the notice of suspension; or
(b) by a later written notice given to the permittee or lessee.
(5) Subsection (2) has effect subject to this Chapter but despite:
(a) in the case of a cross‑boundary greenhouse gas assessment permit—section 293; and
(b) in the case of a cross‑boundary greenhouse gas holding lease—section 322.
Note: See the notes at the end of sections 293 and 322.
(1) If:
(a) a cross‑boundary greenhouse gas assessment permittee or a cross‑boundary greenhouse gas holding lessee applies for a suspension of any of the conditions to which the permit or lease is subject; and
(b) the permit or lease would, apart from this subsection, expire before the Cross‑boundary Authority makes a decision on the application;
the permit or lease continues in force until the Cross‑boundary Authority makes a decision on the application.
(2) If the Cross‑boundary Authority refuses the application, the permit or lease continues in force until the end of:
(a) the period of 2 months that began when notice of the refusal was given to the permittee or lessee; or
(b) such longer period as the Cross‑boundary Authority allows.
(3) If a cross‑boundary greenhouse gas assessment permit or a cross‑boundary greenhouse gas holding lease continues in force during a period under subsection (2), the permittee or lessee is not entitled to make an application during that period for a suspension of any of the conditions to which the permit or lease is subject.
(4) Subsections (1) and (2) have effect subject to this Chapter but despite:
(a) in the case of a cross‑boundary greenhouse gas assessment permit—section 293; and
(b) in the case of a cross‑boundary greenhouse gas holding lease—section 322.
Note: See the notes at the end of sections 293 and 322.
When the conditions of a title may be the subject of a variation, suspension or exemption
(1) This section applies if an event specified in the table happens, or a circumstance specified in the table exists:
When the conditions of a title may be the subject of a variation, suspension or exemption | ||
Item | Title | Event or circumstance |
1 | a greenhouse gas special authority | a greenhouse gas special authority is in force over the whole or a part of a block that is the subject of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence. |
2 | a greenhouse gas special authority | the responsible Commonwealth Minister varies a greenhouse gas special authority over a block that is the subject of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence. |
3 | a greenhouse gas search authority or greenhouse gas special authority | the registered holder of the authority applies in writing to the responsible Commonwealth Minister for: (a) a variation or suspension of any of the conditions to which the authority is subject; or (b) exemption from compliance with any of the conditions to which the authority is subject. |
4 | a greenhouse gas search authority or greenhouse gas special authority | the responsible Commonwealth Minister or the Titles Administrator gives a direction or consent to the registered holder of the authority under: (a) this Chapter; or (b) Chapter 6; or (c) Part 8.1; or (d) the regulations. |
Variation, suspension or exemption
(2) The responsible Commonwealth Minister may, by written notice given to the registered holder of the authority:
(a) vary; or
(b) suspend; or
(c) exempt the registered holder from compliance with;
any of the conditions to which the authority is subject, on such conditions (if any) as are specified in the notice.
441 Application for consent to surrender title
(1) The table has effect:
Surrender | ||
Item | The registered holder of... | may apply to the responsible Commonwealth Minister for consent to surrender... |
1 | a greenhouse gas assessment permit | the permit. |
2 | a greenhouse gas holding lease | the lease. |
3 | a greenhouse gas injection licence | the licence as to some or all of the blocks in relation to which the licence is in force. |
(2) An application under subsection (1) must be in writing.
442 Consent to surrender title
Scope
(1) This section applies if an application is made under section 441 for a consent.
Decision
(2) The responsible Commonwealth Minister may, by written notice given to the applicant:
(a) give consent; or
(b) refuse to consent.
Criteria
(3) The responsible Commonwealth Minister may consent to the surrender sought by the application only if:
(a) the registered holder of the permit, lease or licence has paid all fees and amounts payable by the holder under the following:
(i) this Act;
(ii) section 10E of the Regulatory Levies Act;
or has made arrangements that are satisfactory to the responsible Commonwealth Minister for the payment of those fees and amounts; and
(b) the registered holder of the permit, lease or licence has complied with the conditions to which the permit, lease or licence is subject and with the provisions of:
(i) this Chapter; and
(ii) Chapter 5; and
(iia) Chapter 5A; and
(iii) Chapter 6; and
(iv) Part 8.1; and
(v) the regulations; and
(c) the registered holder of the permit, lease or licence has:
(i) to the satisfaction of the responsible Commonwealth Minister, removed or caused to be removed from the surrender area (defined by subsection (9)) all property brought into the surrender area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or
(ii) made arrangements that are satisfactory to the responsible Commonwealth Minister in relation to that property; and
(d) the registered holder of the permit, lease or licence has, to the satisfaction of the responsible Commonwealth Minister, plugged or closed off all wells made in the surrender area by any person engaged or concerned in the operations authorised by the permit, lease or licence; and
(e) the registered holder of the permit, lease or licence has provided, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the surrender area; and
(f) the registered holder of the permit, lease or licence has, to the satisfaction of the responsible Commonwealth Minister, made good any damage to the seabed or subsoil in the surrender area caused by any person engaged or concerned in the operations authorised by the permit, lease or licence; and
(g) in the case of an application for consent to surrender a greenhouse gas injection licence as to all of the blocks in relation to which the licence is in force—a site closing certificate is in force in relation to each identified greenhouse gas storage formation specified in the licence; and
(h) in the case of an application for consent to surrender a greenhouse gas injection licence as to some of the blocks in relation to which the licence is in force—a site closing certificate is in force in relation to each identified greenhouse gas storage formation that:
(i) is specified in the licence; and
(ii) extends to those blocks.
Note: See also paragraph 646(gp) (NOPSEMA’s advisory function).
(4) If:
(a) the registered holder has complied with the requirements mentioned in paragraphs (3)(a) to (f); and
(b) in the case of an application for consent to surrender a greenhouse gas injection licence as to all of the blocks in relation to which the licence is in force—the requirement mentioned in paragraph (3)(g) has been met; and
(c) in the case of an application for consent to surrender a greenhouse gas injection licence as to some of the blocks in relation to which the licence is in force—the requirement mentioned in paragraph (3)(h) has been met;
the responsible Commonwealth Minister must not unreasonably refuse consent to the surrender.
(5) Paragraph (3)(e) has effect subject to:
(a) this Chapter; and
(b) Chapter 6; and
(c) the regulations.
(6) In attaining a state of satisfaction for the purposes of paragraph (3)(d), the responsible Commonwealth Minister must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum‑bearing qualities of geological formations.
Sufficient grounds
(7) Despite subsection (3), if:
(a) any of:
(i) the conditions to which the permit, lease or licence is 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 giving of consent to the surrender sought by the application;
the responsible Commonwealth Minister may give consent under subsection (2) to the surrender sought by the application.
(7A) Before consenting, or refusing to consent, to the surrender of:
(a) a cross‑boundary greenhouse gas assessment permit; or
(b) a cross‑boundary greenhouse gas holding lease; or
(c) a cross‑boundary greenhouse gas injection licence;
on the basis set out in subsection (7), the responsible Commonwealth Minister must consult:
(d) if a part of the permit area, lease area or licence area, as the case may be, is located in the coastal waters of a State—the responsible State Minister of the State; or
(e) if a part of the permit area, lease area or licence area, as the case may be, is located in the coastal waters of the Northern Territory—the responsible Northern Territory Minister.
Work‑bid greenhouse gas assessment permit—compliance with work condition
(8) For the purposes of this section, if:
(a) the application for consent relates to a work‑bid greenhouse gas assessment permit; and
(b) a condition of the permit requires the registered holder to carry out specified work during a period specified in the permit; and
(c) the application is made during such a period;
the registered holder of the permit is taken not to have complied with the condition unless the holder has completed the work specified for the period mentioned in paragraph (c).
Surrender area
(9) For the purposes of this section, the surrender area is worked out using the table:
Surrender area | ||
Item | In the case of a surrender of... | the surrender area is... |
1 | a greenhouse gas assessment permit | the permit area. |
2 | a greenhouse gas holding lease | the lease area. |
3 | a greenhouse gas injection licence | the area constituted by the blocks as to which the licence is proposed to be surrendered. |
Scope
(1) This section applies if the responsible Commonwealth Minister consents under section 442 to:
(a) the surrender of a greenhouse gas assessment permit; or
(b) the surrender of a greenhouse gas holding lease; or
(c) the surrender, in whole or in part, of a greenhouse gas injection licence.
Surrender
(2) The registered holder of the permit, lease or licence may, by written notice given to the responsible Commonwealth Minister, surrender:
(a) in the case of a permit or lease—the permit or lease; or
(b) in the case of a licence—the whole or the part, as the case may be, of the licence.
When surrender takes effect
(3) The surrender takes effect on the day on which notice of the surrender is published in the Gazette.
Division 2—Surrender of greenhouse gas search authorities and greenhouse gas special authorities
444 Surrender of greenhouse gas search authority
The registered holder of a greenhouse gas search authority may, by written notice given to the responsible Commonwealth Minister, surrender the greenhouse gas search authority.
445 Surrender of greenhouse gas special authority
The registered holder of a greenhouse gas special authority may, by written notice given to the responsible Commonwealth Minister, surrender the greenhouse gas special authority.
Part 3.11—Cancellation of titles
446 Grounds for cancellation of title
For the purposes of this Division, each of the following is a ground for cancelling a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence:
(a) the registered holder has not complied with a condition to which the permit, lease or licence is subject;
(b) the registered holder has not complied with a direction given to the holder by the responsible Commonwealth Minister, NOPSEMA or the Titles Administrator under this Chapter, Chapter 6 or Part 8.1;
(c) the registered holder has not complied with a provision of:
(i) this Chapter; or
(ii) Chapter 5; or
(iia) Chapter 5A; or
(iii) Chapter 6; or
(iv) Part 8.1; or
(v) the regulations;
(d) the registered holder has not paid an amount payable by the holder under:
(i) this Act; or
(ii) section 10E of the Regulatory Levies Act;
within the period of 90 days after the day on which the amount became payable;
(da) a person has contravened subsection 566H(1), 566N(1), 566P(1) or 566ZA(1) in relation to the permit, lease or licence;
(e) in the case of a greenhouse gas injection licence:
(i) if a single identified greenhouse gas storage formation is wholly situated in the licence area—the declaration under section 312 or 312A that relates to the identified greenhouse gas storage formation is revoked under section 314; or
(ii) if 2 or more identified greenhouse gas storage formations are wholly situated in the licence area—each of the declarations under section 312 or 312A that relate to those identified greenhouse gas storage formations is revoked under section 314;
(f) in the case of a greenhouse gas holding lease:
(i) if a single identified greenhouse gas storage formation is wholly situated in the lease area—the declaration under section 312 or 312A that relates to the identified greenhouse gas storage formation is revoked under section 314; or
(ii) if 2 or more identified greenhouse gas storage formations are wholly situated in the lease area—each of the declarations under section 312 or 312A that relate to those identified greenhouse gas storage formations is revoked under section 314.
(1) The table has effect:
Cancellation | ||
Item | If there is a ground for cancelling... | the responsible Commonwealth Minister may, by written notice given to the registered holder,... |
1 | a greenhouse gas assessment permit | cancel the permit. |
2 | a greenhouse gas holding lease | cancel the lease. |
3 | a greenhouse gas injection licence | cancel the licence. |
Note: Consultation procedures apply—see section 448.
(2) In exercising a power conferred by subsection (1), the responsible Commonwealth Minister must take into account any action taken by the registered holder:
(a) to remove the ground of cancellation; or
(b) to prevent the recurrence of similar grounds.
(3) A cancellation takes effect on the day on which notice of the cancellation is published in the Gazette.
(4) Before making a decision under subsection (1) to cancel:
(a) a cross‑boundary greenhouse gas assessment permit; or
(b) a cross‑boundary greenhouse gas holding lease; or
(c) a cross‑boundary greenhouse gas injection licence;
wholly or partly on the ground set out in paragraph 446(a), the responsible Commonwealth Minister must consult:
(d) if a part of the permit area, lease area or licence area, as the case may be, is located in the coastal waters of a State—the responsible State Minister of the State; or
(e) if a part of the permit area, lease area or licence area, as the case may be, is located in the coastal waters of the Northern Territory—the responsible Northern Territory Minister.
(1) Before making a decision under subsection 447(1), the responsible Commonwealth Minister must:
(a) by written notice given to the registered holder, give at least 30 days notice of the responsible Commonwealth Minister’s intention to make the decision; and
(b) give a copy of the notice to such other persons (if any) as the responsible Commonwealth Minister thinks fit.
(2) The notice must:
(a) set out details of the decision that is proposed to be made; and
(b) set out the reasons for the proposal; and
(c) 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; and
(d) specify a time limit for making that submission.
(3) In deciding whether to make the decision, the responsible Commonwealth Minister must take into account any submissions made in accordance with the notice.
449 Cancellation of title not affected by other provisions
Cancellation on ground of non‑compliance
(1) If:
(a) the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not complied with a provision of:
(i) this Chapter; or
(ii) Chapter 5; or
(iia) Chapter 5A; or
(iii) Chapter 6; or
(iv) Part 8.1; or
(v) the regulations; and
(b) the holder has been convicted of an offence relating to that non‑compliance;
the responsible Commonwealth Minister may exercise a power of cancellation under subsection 447(1) on the ground of that non‑compliance, even though the holder has been convicted of that offence.
(1A) If:
(a) a person has not complied with subsection 566N(1) or 566ZA(1) in relation to a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence; and
(b) the person has been convicted of an offence relating to that non‑compliance;
the responsible Commonwealth Minister may exercise a power of cancellation under subsection 447(1) on the ground of that non‑compliance, even though the person has been convicted of that offence.
(2) If:
(a) a person who was the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not complied with a provision of:
(i) this Chapter; or
(ii) Chapter 5; or
(iia) Chapter 5A; or
(iii) Chapter 6; or
(iv) Part 8.1; or
(v) the regulations; and
(b) the responsible Commonwealth Minister has exercised a power of cancellation under subsection 447(1) on the ground of that non‑compliance;
the person may be convicted of an offence relating to the non‑compliance, even though the responsible Commonwealth Minister has exercised that power of cancellation.
(2A) If:
(a) a person has not complied with subsection 566N(1) or 566ZA(1) in relation to a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence; and
(b) the responsible Commonwealth Minister has exercised a power of cancellation under subsection 447(1) on the ground of that non‑compliance;
the person may be convicted of an offence relating to the non‑compliance, even though the responsible Commonwealth Minister has exercised that power of cancellation.
Cancellation on ground of non‑payment
(3) If:
(a) the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not paid an amount payable by the holder under:
(i) this Act; or
(ii) section 10E of the Regulatory Levies Act;
within the period of 90 days after the day on which the amount became payable; and
(b) either:
(i) judgment for the amount has been obtained; or
(ii) the amount, or any part of the amount, has been paid or recovered;
the responsible Commonwealth Minister may exercise a power of cancellation under subsection 447(1) on the ground of that non‑payment, even though:
(c) judgment for the amount has been obtained; or
(d) the amount, or a part of the amount, has been paid or recovered.
(4) If:
(a) a person who was the registered holder of a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence has not paid an amount payable by the person under:
(i) this Act; or
(ii) section 10E of the Regulatory Levies Act;
within the period of 90 days after the day on which the amount became payable; and
(b) the responsible Commonwealth Minister has exercised a power of cancellation under subsection 447(1) on the ground of that non‑payment;
the person continues to be liable to pay:
(c) that amount; and
(d) any late payment penalty relating to that amount;
even though the responsible Commonwealth Minister has exercised that power of cancellation.
449A NOPSEMA to notify the Titles Administrator of grounds for cancellation of title
If NOPSEMA reasonably believes that there is a ground for cancelling:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence;
NOPSEMA must notify the Titles Administrator of:
(d) the belief; and
(e) the reasons for the belief.
Division 2—Cancellation of greenhouse gas search authorities
450 Cancellation of greenhouse gas search authority
The responsible Commonwealth Minister may, by written notice given to the registered holder of a greenhouse gas search authority, cancel the greenhouse gas search authority if the holder has breached a condition of the greenhouse gas search authority.
451 Notification of eligible greenhouse gas storage formation
Scope
(1) This section applies if:
(a) a part of a geological formation is wholly situated in the permit area of a greenhouse gas assessment permit, and the permittee has reasonable grounds to suspect that that part could be an eligible greenhouse gas storage formation; or
(b) a part of a geological formation is wholly situated in the lease area of a greenhouse gas holding lease, and the lessee has reasonable grounds to suspect that that part could be an eligible greenhouse gas storage formation; or
(c) a part of a geological formation is wholly situated in the licence area of a greenhouse gas injection licence, and the licensee has reasonable grounds to suspect that that part could be an eligible greenhouse gas storage formation.
Notification
(2) The permittee, lessee or licensee must, by written notice, inform the responsible Commonwealth Minister about the matter as soon as practicable, and in any event within 30 days, after the day on which the permittee, lessee or licensee, as the case may be, forms the relevant suspicion.
(3) A notice under subsection (2) is not required to set out the fundamental suitability determinants of that part.
(4) Subsection (3) has effect subject to subsections (5) and (6).
(5) A notice under subsection (2) must be accompanied by a written statement that the permittee, lessee or licensee has reasonable grounds to suspect that the part is suitable for the permanent storage of a specified amount of a specified greenhouse gas substance.
(6) If the permittee, lessee or licensee has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation because of paragraph 21(1)(b), a notice under subsection (2) must be accompanied by a written statement describing the engineering enhancements referred to in that paragraph.
Exemption
(7) Subsections (2), (5) and (6) do not apply to a permittee, lessee or licensee in relation to a part of a geological formation if a former holder of the permit, lease or licence, as the case may be, previously complied with that subsection in relation to the part.
Offence
(8) A person commits an offence if:
(a) the person is subject to a requirement under subsection (2), (5) or (6); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: 100 penalty units.
(9) An offence against subsection (8) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
451A Notification of eligible greenhouse gas storage formation—cross‑boundary
Scope
(1) This section applies if:
(a) a greenhouse gas assessment permit is in force; and
(b) the permittee is the holder of a State/Territory greenhouse gas assessment title; and
(c) at least one block of the permit area of the 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) a part of a geological formation is wholly situated in the area that consists of the combination of the permit area of the greenhouse gas assessment permit and the relevant area of the State/Territory greenhouse gas assessment title; and
(e) the part extends to the permit area of the greenhouse gas assessment permit and the relevant area of the State/Territory greenhouse gas assessment title; and
(f) the permittee has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation.
Notification
(2) The permittee may, by written notice, inform the responsible Commonwealth Minister about the matter.
(3) A notice under subsection (2) is not required to set out the fundamental suitability determinants of that part.
(4) Subsection (3) has effect subject to subsections (5) and (6).
(5) A notice under subsection (2) must be accompanied by a written statement that the permittee has reasonable grounds to suspect that the part is suitable for the permanent storage of a specified amount of a specified greenhouse gas substance.
(6) If the permittee has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation because of paragraph 21(1)(b), a notice under subsection (2) of this section must be accompanied by a written statement describing the engineering enhancements referred to in that paragraph.
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 both existing work‑bid greenhouse gas assessment permits; and
(c) 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 work‑bid greenhouse gas assessment permit; and
(d) a part of a geological formation is wholly situated in the area that consists of the combination of the permit area of each of the work‑bid greenhouse gas assessment permits; and
(e) the part extends to the permit area of each of the work‑bid greenhouse gas assessment permits; and
(f) the person has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation.
Notification
(2) The person may, by written notice, inform the responsible Commonwealth Minister about the matter.
(3) A notice under subsection (2) is not required to set out the fundamental suitability determinants of that part.
(4) Subsection (3) has effect subject to subsections (5) and (6).
(5) A notice under subsection (2) must be accompanied by a written statement that the person has reasonable grounds to suspect that the part is suitable for the permanent storage of a specified amount of a specified greenhouse gas substance.
(6) If the person has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation because of paragraph 21(1)(b), a notice under subsection (2) of this section must be accompanied by a written statement describing the engineering enhancements referred to in that paragraph.
452 Notification of discovery of petroleum in greenhouse gas assessment permit area etc.
Scope
(1) This section applies if petroleum is discovered in:
(a) a greenhouse gas assessment permit area; or
(b) a greenhouse gas holding lease area; or
(c) a greenhouse gas injection licence area.
Notification
(2) The permittee, lessee or licensee must inform the responsible Commonwealth Minister of the discovery before the end of the 30‑day period that began on the day of completion of the well that resulted in the discovery.
(4) Subsection (2) does not apply if the petroleum is discovered by a petroleum exploration permittee, petroleum retention lessee or petroleum production licensee.
Offence
(5) A person commits an offence if:
(a) the person is subject to a requirement under subsection (2); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: 100 penalty units.
(6) An offence against subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
452A Notification requirements—registered holders of titles
Becoming a registered holder
(2) If, at any time after the commencement of this section, a person becomes the registered holder, or one of the registered holders, of a greenhouse gas title, the person must:
(a) give the Titles Administrator and NOPSEMA notice of the following:
(i) that the person is a registered holder of the greenhouse gas title;
(ii) the person’s contact details; and
(b) do so within 30 days after so becoming a registered holder.
Note: For contact details, see subsection (12).
Ceasing to be a registered holder otherwise than because of death
(3) If, at any time after the commencement of this section, a person ceases to be the registered holder, or one of the registered holders, of a greenhouse gas title otherwise than because of the death of the person, the person must:
(a) notify the Titles Administrator and NOPSEMA, in writing, of the cessation; and
(b) do so within 30 days after the cessation.
Death of a registered holder
(4) If, at any time after the commencement of this section, a person who is the registered holder, or one of the registered holders, of a greenhouse gas title dies, the person’s legal personal representative must:
(a) notify the Titles Administrator and NOPSEMA, in writing, of the death; and
(b) do so within 30 days after the death.
Change of contact details of registered holder
(5) If:
(a) a person is the registered holder, or one of the registered holders, of a greenhouse gas title; and
(b) the person has given notice under this section of one or more contact details of the person; and
(c) any or all of those contact details have changed;
the person must:
(d) give the Titles Administrator and NOPSEMA notice of the following:
(i) that the relevant contact details have changed;
(ii) the changed contact details; and
(e) do so within 30 days after the change.
Note: For contact details, see subsection (12).
Approved form and manner
(6) A notice under this section must be given in the approved form and in an approved manner.
(6A) The Titles Administrator must publish on the Titles Administrator’s website:
(a) the form approved for the purposes of subsection (6); and
(b) a copy of the instrument approving a manner for the purposes of that subsection.
Offence
(7) A person commits an offence if:
(a) the person is subject to a requirement under subsection (2), (3), (4) or (5); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: 50 penalty units.
(8) An offence against subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Civil penalty
(9) A person is liable to a civil penalty if the person contravenes a requirement under subsection (2), (3), (4) or (5).
Civil penalty: 90 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
(10) The maximum penalty for each day that an offence under subsection (7) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (7) is a continuing offence under section 4K of the Crimes Act 1914.
(11) The maximum civil penalty for each day that a contravention of subsection (9) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (9) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Definitions
(12) In this section:
approved means approved, in writing, by the Titles Administrator and the Chief Executive Officer of NOPSEMA.
contact details of a person includes the following:
(a) the person’s name;
(b) the address of:
(i) the place of residence or business of the person; or
(ii) if the person is a body corporate—the head office, a registered office or a principal office of the body corporate;
(c) the person’s telephone number;
(d) the person’s fax number (if any);
(e) the person’s email address;
(f) if the person is a body corporate that has an ACN (within the meaning of the Corporations Act 2001)—the ACN.
greenhouse gas title means:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence; or
(d) a greenhouse gas search authority; or
(e) a greenhouse gas special authority.
453 Disposing of waste or other matter
(1) A person commits an offence if:
(a) the person adds waste or other matter to a greenhouse gas substance; and
(b) the person does so with the intention of disposing of the waste or other matter; and
(c) the person, or another person, injects the resulting mixture into the seabed or subsoil of an offshore area.
Penalty: Imprisonment for 5 years.
(2) Subsection (1) does not apply if:
(a) the waste or other matter resulted from petroleum recovery operations carried on under a petroleum production licence; and
(b) the injection takes place at a well situated in the licence area of the petroleum production licence; and
(c) the injection is carried out:
(i) with the written consent of the responsible Commonwealth Minister or NOPSEMA; and
(ii) in accordance with the conditions (if any) specified in that consent.
Note: The defendant bears an evidential burden in relation to the matters in subsection (2)—see subsection 13.3(3) of the Criminal Code.
Consents
(3) The responsible Commonwealth Minister or NOPSEMA may:
(a) refuse to give a consent under subsection (2); or
(b) make a consent under subsection (2) subject to such conditions as are specified in the consent.
454 Additional securities etc.
Additional security
(1) If:
(a) one or more securities are in force in relation to:
(i) a greenhouse gas assessment permit; or
(ii) a greenhouse gas holding lease; or
(iii) a greenhouse gas injection licence; and
(b) the responsible Commonwealth Minister is satisfied that the total amount of the securities is insufficient;
the responsible Commonwealth Minister may give the permittee, lessee or licensee a written notice:
(c) requiring the permittee, lessee or licensee to lodge with the responsible Commonwealth Minister, within 60 days after the giving of the notice, an additional security in respect of compliance with the applicable statutory obligations by the registered holder for the time being of the permit, lease or licence; and
(d) specifying the form and amount of the additional security.
(1A) If, in the performance of its functions or the exercise of its powers, NOPSEMA becomes aware of circumstances that:
(a) relate to:
(i) the registered holder of a greenhouse gas assessment permit; or
(ii) the registered holder of a greenhouse gas holding lease; or
(iii) the registered holder of a greenhouse gas injection licence; and
(b) may make it appropriate for the responsible Commonwealth Minister to require the registered holder to lodge an additional security under subsection (1);
NOPSEMA may inform the responsible Commonwealth Minister of those circumstances.
New security
(2) If:
(a) a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force; and
(b) no security is in force in relation to the permit, lease or licence; and
(c) the responsible Commonwealth Minister is satisfied that it would be appropriate to require the lodgment of a security in respect of compliance with the applicable statutory obligations by the registered holder for the time being of the permit, lease or licence;
the responsible Commonwealth Minister may give the permittee, lessee or licensee a written notice:
(d) requiring the permittee, lessee or licensee to lodge with the responsible Commonwealth Minister, within 60 days after the giving of the notice, a security in respect of compliance, by the registered holder for the time being of the permit, lease or licence, with the applicable statutory obligations; and
(e) specifying the form and amount of the security.
(2A) If, in the performance of its functions or the exercise of its powers, NOPSEMA becomes aware of circumstances that:
(a) relate to:
(i) the registered holder of a greenhouse gas assessment permit; or
(ii) the registered holder of a greenhouse gas holding lease; or
(iii) the registered holder of a greenhouse gas injection licence; and
(b) may make it appropriate for the responsible Commonwealth Minister to require the registered holder to lodge a security under subsection (2);
NOPSEMA may inform the responsible Commonwealth Minister of those circumstances.
Statutory obligations
(3) For the purposes of this section, the applicable statutory obligations are as follows:
(a) the obligation of the registered holder to comply with a condition to which the permit, lease or licence is subject;
(b) the obligation of the registered holder to comply with a direction given to the registered holder by the responsible Commonwealth Minister, NOPSEMA or the Titles Administrator under this Chapter, Chapter 6 or Part 8.1;
(c) the obligation of the registered holder to comply with the provisions of:
(i) this Chapter; or
(ii) Chapter 5; or
(iia) Chapter 5A; or
(iii) Chapter 6; or
(iv) Part 8.1; or
(v) the regulations.
If:
(a) a security is in force in relation to:
(i) a greenhouse gas assessment permit; or
(ii) a greenhouse gas holding lease; or
(iii) a greenhouse gas injection licence; and
(b) a transfer of the permit, lease or licence is registered under section 530;
then:
(c) the interest of the transferor in the security is, by force of this section, transferred to the transferee; and
(d) a document setting out or relating to the security has effect, after the transfer, as if a reference in the document to the transferor were a reference to the transferee.
The regulations may make provision in relation to the discharge, in whole or in part, by the responsible Commonwealth Minister of securities in force in relation to:
(a) greenhouse gas assessment permits; or
(b) greenhouse gas holding leases; or
(c) greenhouse gas injection licences.
(1) The regulations may provide that a greenhouse gas injection licensee must not carry on any operations in relation to an identified greenhouse gas storage formation specified in the licence unless an approved site plan is in force in relation to the formation.
(2) The regulations may provide that, if an approved site plan is in force in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence, the licensee must comply with the approved site plan.
Approval
(3) The regulations may make provision for the responsible Commonwealth Minister to approve draft site plans.
Duration
(4) The regulations may provide that, if the responsible Commonwealth Minister approves a draft site plan, the approved site plan:
(a) comes into force at the time of the approval; and
(b) remains in force:
(i) if, under the regulations, the responsible Commonwealth Minister withdraws approval of the approved site plan—until the withdrawal; or
(ii) otherwise—indefinitely.
Withdrawal of approval
(5) The regulations may make provision for the responsible Commonwealth Minister to withdraw approval of approved site plans.
Variation of approved site plans
(6) The regulations may make provision for and in relation to the variation of approved site plans.
(7) Regulations made for the purposes of subsection (6) may:
(a) require the registered holder of a greenhouse gas injection licence to prepare a draft variation of an approved site plan:
(i) periodically; or
(ii) in such circumstances as are specified in the regulations; or
(iii) when required to do so by the responsible Commonwealth Minister; and
(b) require the registered holder of a greenhouse gas injection licence to give the draft variation to the responsible Commonwealth Minister; and
(c) make provision for the responsible Commonwealth Minister to approve the variation; and
(d) provide that, if the responsible Commonwealth Minister approves the variation, the approved site plan is varied accordingly.
(8) If an approved site plan is varied, a reference in this Act to the approved site plan is a reference to the approved site plan as varied.
458 Co‑existence of greenhouse gas titles and petroleum titles
(1) This Act does not prevent:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence; or
(d) a greenhouse gas search authority; or
(e) a greenhouse gas special authority;
from being in force over the whole or a part of an area in respect of which any of the following is in force:
(f) a petroleum exploration permit;
(g) a petroleum retention lease;
(h) a petroleum production licence;
(i) a petroleum special prospecting authority;
(j) a petroleum access authority.
(2) This Act does not prevent:
(a) a petroleum exploration permit; or
(b) a petroleum retention lease; or
(c) a petroleum production licence; or
(d) a petroleum special prospecting authority; or
(e) a petroleum access authority;
from being in force over the whole or a part of an area in respect of which any of the following is in force:
(f) a greenhouse gas assessment permit;
(g) a greenhouse gas holding lease;
(h) a greenhouse gas injection licence;
(i) a greenhouse gas search authority;
(j) a greenhouse gas special authority.
(3) This Act does not prevent:
(a) a cross‑boundary greenhouse gas assessment permit; or
(b) a cross‑boundary greenhouse gas holding lease; or
(c) a cross‑boundary greenhouse gas injection licence;
from being in force over the whole or a part of an area in respect of which any of the following is in force:
(d) a State/Territory petroleum exploration title;
(e) a State/Territory petroleum retention title;
(f) a State/Territory petroleum production title.
(4) This Act does not prevent:
(a) a State/Territory petroleum exploration title; or
(b) a State/Territory petroleum retention title; or
(c) a State/Territory petroleum production title;
from being in force over a part of an area in respect of which any of the following is in force:
(d) a cross‑boundary greenhouse gas assessment permit;
(e) a cross‑boundary greenhouse gas holding lease;
(f) a cross‑boundary greenhouse gas injection licence.
(1) If the following conditions are satisfied in relation to a particular block:
(a) there is no greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence over the block;
(b) there is no place in the block that is an infrastructure licence area;
(c) there is no pipeline over or in the block;
(d) there are no pending applications for the grant of a greenhouse gas assessment permit or greenhouse gas injection licence over the block;
(e) there are no pending applications for the grant of an infrastructure licence relating to a place in the block;
(f) there are no pending applications for the grant of a pipeline licence relating to a pipeline, or proposed pipeline, over or in the block;
the responsible Commonwealth Minister may, by notice published in the Gazette, declare that:
(g) the block is not to be the subject of a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority; and
(h) an infrastructure licence is not to be granted in relation to a place within the block; and
(i) a pipeline licence is not to be granted in relation to a pipeline over or in the block.
(2) If a declaration under subsection (1) is in force in relation to a block:
(a) a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority must not be granted over that block; and
(b) an infrastructure licence must not be granted in relation to a place within that block; and
(c) a pipeline licence must not be granted in relation to a pipeline over or in that block.
(3) Subsection (2) has effect despite any other provision of this Act.
460 Interference with other rights
Scope
(1) This section applies to the following:
(a) a greenhouse gas assessment permit;
(b) a greenhouse gas holding lease;
(c) a greenhouse gas injection licence;
(d) a greenhouse gas search authority;
(e) a greenhouse gas special authority;
(f) a greenhouse gas research consent.
Requirement
(2) A person (the first person) carrying on activities in an offshore area under the permit, lease, licence, authority or consent must carry on those activities in a manner that does not interfere with:
(a) navigation; or
(b) fishing; or
(c) the conservation of the resources of the sea and seabed; or
(d) any activities of another person being lawfully carried on by way of:
(i) exploration for, recovery of or conveyance of a mineral (other than petroleum); or
(ii) construction or operation of a pipeline; or
(iii) offshore infrastructure activities (within the meaning of the Offshore Electricity Infrastructure Act 2021); or
(e) the enjoyment of native title rights and interests (within the meaning of the Native Title Act 1993);
to a greater extent than is necessary for the reasonable exercise of the rights and performance of the duties of the first person.
Offence
(3) A person commits an offence if:
(a) the person is subject to a requirement under subsection (2); and
(b) the person engages in conduct; and
(c) the person’s conduct breaches the requirement.
Penalty: 100 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
461 No conditions about payment of money
There must not be included in:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence;
a condition requiring the payment of money to the responsible Commonwealth Minister, the Commonwealth or the Cross‑boundary Authority.
461A Certain State/Territory blocks to be blocks for the purposes of this Act
For the purposes of this Act, each State/Territory block that is included in:
(a) the permit area of a cross‑boundary greenhouse gas assessment permit; or
(b) the lease area of a cross‑boundary greenhouse gas holding lease; or
(c) the licence area of a cross‑boundary greenhouse gas injection licence;
constitutes a block.
462 Certain portions of blocks to be blocks
Scope
(1) This section applies if the area in relation to which a title is in force includes one or more portions of a section 33 block.
Note: This would be the case if the boundaries of a title area do not conform to the graticular system established by this Act.
Portion of a block to be a block
(2) For the purposes of this Act:
(a) the area of that portion or those portions constitutes a block (a type A block); and
(b) the area of the remaining portion or portions of the section 33 block (but not including any part of that area in relation to which another title is in force) constitutes a block (a type B block).
Amalgamation of portions of blocks
(3) If a title ceases to be in force in relation to a type A block (the first type A block), the responsible Commonwealth Minister may, by written instrument, if the responsible Commonwealth Minister considers it desirable to do so, determine that the first type A block be amalgamated with:
(a) another type A block or blocks, so long as the following conditions are satisfied in relation to the other type A block or blocks:
(i) the other type A block or blocks form part of the graticular section of which the first type A block forms part;
(ii) a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force in relation to the other type A block or blocks; or
(b) both:
(i) another type A block or blocks covered by paragraph (a); and
(ii) a type B block that forms part of the graticular section of which the first type A block forms part.
(4) If a determination is made under subsection (3), then, for the purposes of this Act:
(a) the blocks the subject of the determination cease to constitute blocks; and
(b) the areas of those blocks together constitute a block; and
(c) the block constituted as a result of the determination is, subject to this Act, for the remainder of the term of the permit, lease or licence concerned, a block in relation to which the permit, lease or licence is in force.
(5) The responsible Commonwealth Minister must not make a determination under subsection (3) except with the consent of the permittee, lessee or licensee concerned.
Definitions
(6) In this section:
section 33 block means a block constituted as provided by section 33.
title means:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence; or
(d) a prescribed instrument.
463 Changes to the boundary of the coastal waters of a State or Territory
Change to coastal waters boundary results in an area ceasing to be within the offshore area of a State or Territory
(1) If:
(a) a Commonwealth title has been granted on the basis that an area (the first area) is within the offshore area of a State or the Northern Territory; and
(b) as a result of a change to the boundary of the coastal waters of the State or Territory, the first area:
(i) ceases to be within the offshore area of the State or Territory; and
(ii) falls within the coastal waters of the State or Territory;
this Act applies in relation to the Commonwealth title as if the first area were still within the offshore area in relation to the State or Territory.
(2) Subsection (1) continues to apply to the first area only while the Commonwealth title remains in force.
Change to coastal waters boundary results in an area ceasing to be within the coastal waters of a State or Territory
(3) If:
(a) a State/Territory title has been granted by a State or the Northern Territory on the basis that an area (the second area) is within the coastal waters of the State or Territory; and
(b) as a result of a change to the boundary of the coastal waters of the State or Territory, the second area:
(i) ceases to be within the coastal waters of the State or Territory; and
(ii) falls within the offshore area of the State or Territory;
then, so far as the State/Territory title is concerned, this Act does not apply to the second area.
(4) Subsection (3) continues to apply to the second area only while the State/Territory title remains in force.
Definitions
(5) In this section:
Commonwealth title means:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence.
State/Territory title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, some or all of the rights that a Commonwealth title confers in relation to the offshore area of the State or Territory.
(1) The Commonwealth may carry out in an offshore area operations for the purposes of monitoring the behaviour of a greenhouse gas substance stored in a part of a geological formation.
(2) Subsection (1) does not limit the executive power of the Commonwealth.
465 Monitoring information may be made publicly available
Scope
(1) This section applies to information that:
(a) is held by the Commonwealth; and
(b) relates to the monitoring of the behaviour of a greenhouse gas substance stored in a part of a geological formation, where the part is wholly or partly situated in one or more offshore areas.
Information may be made publicly available
(2) The regulations may authorise the responsible Commonwealth Minister to make the information publicly available.
Chapter 4—Registration of transfers of, and dealings in, petroleum titles
The following is a simplified outline of this Chapter:
• The Titles Administrator must keep a Register, for each offshore area, of petroleum titles and petroleum special prospecting authorities that relate to that offshore area.
• A transfer of a petroleum title must be approved by the Titles Administrator, and an instrument of transfer must be registered under this Part.
• A dealing in a petroleum title must be approved by the Titles Administrator, and the approval must be entered in the relevant Register.
In this Chapter:
Register means a Register kept under section 469.
relevant Register:
(a) in relation to a title or a petroleum special prospecting authority—means the Register for the offshore area to which the title or petroleum special prospecting authority relates; or
(b) in relation to a notice under subsection 191(5), (6) or (7) that relates to a petroleum pool that is wholly or partly situated in an offshore area—means the Register for the offshore area.
title means:
(a) a petroleum exploration permit; or
(b) a petroleum retention lease; or
(c) a petroleum production licence; or
(d) an infrastructure licence; or
(e) a pipeline licence; or
(f) a petroleum access authority.
468 Dealing—series of debentures
For the purposes of this Chapter, if a dealing forms a part of the issue of a series of debentures, all of the dealings constituting the issue of that series of debentures are taken to be one dealing.
Part 4.2—Register of titles and petroleum special prospecting authorities
The Titles Administrator must keep a Register, for each offshore area, of:
(a) titles; and
(b) petroleum special prospecting authorities;
relating to the offshore area.
470 Entries in Register—general
Memorial
(1) The Titles Administrator must enter in the relevant Register a memorial for each title and petroleum special prospecting authority.
(2) The memorial must comply with the table:
Content of memorial | ||
Item | In the case of... | the memorial must... |
1 | a title or petroleum special prospecting authority | specify the name of the holder of the title or petroleum special prospecting authority. |
2 | a petroleum exploration permit, petroleum retention lease, petroleum production licence, petroleum special prospecting authority or petroleum access authority | set out an accurate description (including, where convenient, a map) of the permit area, lease area, licence area or authority area. |
3 | an infrastructure licence | set out details of the licence area. |
4 | a pipeline licence | set out an accurate description of the route of the pipeline. |
5 | a title or petroleum special prospecting authority | specify the term of the title or petroleum special prospecting authority. |
6 | a title or petroleum special prospecting authority | set out such other matters and things as are required by this Act to be entered in the Register. |
7 | a title or petroleum special prospecting authority | set out such further matters relating to the registered holder, or to the conditions of the title or petroleum special prospecting authority, as the Titles Administrator thinks proper and expedient in the public interest. |
(3) The Titles Administrator must enter in the relevant Register a memorial of:
(a) a notice or instrument:
(i) varying; or
(ii) cancelling (to any extent); or
(iii) surrendering (to any extent); or
(iv) otherwise affecting;
a title or petroleum special prospecting authority; or
(b) a notice under subsection 191(5), (6) or (7); or
(c) a notice or instrument varying or revoking a notice or instrument referred to in paragraph (a) or (b).
Note 1: Subparagraph (a)(iv) would cover, for example, a notice terminating a petroleum production licence, infrastructure licence or pipeline licence, or a notice revoking a petroleum retention lease or petroleum access authority.
Note 2: Subsections 191(5), (6) and (7) deal with unit development.
Copy of title may be entered instead of memorial
(4) It is a sufficient compliance with the requirements of subsection (1), (2) or (3) if the Titles Administrator enters a copy of the title, petroleum special prospecting authority, notice or instrument in the relevant Register.
Date of entry to be endorsed
(5) The Titles Administrator must endorse on:
(a) the memorial; or
(b) the copy of the title, petroleum special prospecting authority, notice or instrument;
a memorandum of the date on which the memorial or copy was entered in the relevant Register.
471 Entry in Register—cessation, revocation or expiry of title
If an event specified in the table happens, the Titles Administrator must enter in the relevant Register a memorial of the fact.
Cessation of title etc. | |
Item | Event |
1 | A petroleum exploration permit or petroleum retention lease ceases to be in force over a block in relation to which a petroleum production licence is granted. |
2 | A petroleum exploration permit ceases to be in force over a block in relation to which a petroleum retention lease is granted. |
3 | A petroleum exploration permit is wholly or partly revoked. |
4 | A petroleum retention lease is wholly or partly revoked otherwise than under section 158. |
5 | A petroleum exploration permit, petroleum retention lease, petroleum production licence, petroleum special prospecting authority or petroleum access authority expires. |
471A Notation in Register—applicable datum
The Titles Administrator may make a notation in the relevant Register about the applicable datum for a title, petroleum special prospecting authority, notice or instrument.
472 Approval and registration of transfers
A transfer of a title is of no force until:
(a) it has been approved by the Titles Administrator; and
(b) an instrument of transfer is registered as provided by this Part.
473 Application for approval of transfer
(1) One of the parties to a proposed transfer of a title may apply to the Titles Administrator for approval of the transfer.
(2) An application must be made in an approved manner.
Note: Section 516A requires the application to be accompanied by an application fee.
(3) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (2).
474 Documents to accompany application
(1) An application for approval of a transfer must:
(a) be in the approved form; and
(b) be accompanied by an instrument of transfer, in the form approved in an instrument under subsection (4), executed by:
(i) the registered holder or, if there are 2 or more registered holders, by each registered holder; and
(ii) the transferee or, if there are 2 or more transferees, by each transferee; and
(c) be accompanied by any other information or documents required by the form.
(2) An application for approval of a transfer is taken to be accompanied by the instrument of transfer referred to in paragraph (1)(b) if that instrument is given to the Titles Administrator before the end of the period applicable under subsection 476(1).
(3) 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 end of the period applicable under subsection 476(1).
(4) The Titles Administrator may, by notifiable instrument, approve a form for the purposes of paragraph (1)(b).
476 Time limit for application
(1) An application for approval of a transfer must be made within:
(a) 90 days after the day on which the party who last executed the instrument of transfer so executed the instrument of transfer; or
(b) such longer period as the Titles Administrator allows.
(2) The Titles Administrator may allow a longer period under paragraph (1)(b) only if there are sufficient grounds to warrant allowing the longer period.
477 Date of application to be entered in Register
If an application is made for approval of a transfer, the Titles Administrator:
(a) must enter a memorandum in the relevant Register of the date on which the application was lodged; and
(b) may make such other notation in the relevant Register as the Titles Administrator considers appropriate.
Scope
(1) This section applies if an application is made for approval of a transfer.
Decision
(2) The Titles Administrator must:
(a) approve the transfer; or
(b) refuse to approve the transfer.
(3) Before deciding whether to approve a transfer of a title, the Titles Administrator may consult with one or more of the following:
(a) the Joint Authority;
(b) NOPSEMA;
(c) the responsible Commonwealth Minister.
(3A) In deciding whether to approve a transfer of a title, the Titles Administrator:
(a) must have regard to the matters specified in subsection (3B); and
(b) may have regard to the matters raised in consultations (if any) under subsection (3); and
(c) may have regard to any other matters the Titles Administrator considers relevant.
(3B) The matters are as follows:
(a) whether the technical advice and financial resources available to the transferee or transferees are sufficient to:
(i) carry out the operations and works that are authorised by the title; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the title;
(b) the matters specified in section 695YB as they apply to the transferee or transferees;
(c) if the transferee or transferees 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) The Titles Administrator must, by written notice given to the applicant, notify the applicant of the Titles Administrator’s decision.
(5) If the Titles Administrator refuses to approve the transfer, the Titles Administrator must make a notation of the refusal in the relevant Register.
Scope
(1) This section applies if the Titles Administrator approves the transfer of a title.
Endorsement
(2) The Titles Administrator must immediately endorse a memorandum of approval on the instrument of transfer.
(3) The Titles Administrator must enter in the relevant Register a memorandum of:
(a) the transfer; and
(b) the name of the transferee or of each transferee.
(4) On the entry in the relevant Register of the memorandum:
(a) the transfer is taken to be registered; and
(b) the transferee becomes the registered holder, or the transferees become the registered holders, of the title.
(5) If the transfer is registered:
(a) a copy of the instrument of transfer endorsed with the memorandum of approval must be:
(i) retained by the Titles Administrator; and
(ii) made available for inspection in accordance with this Chapter; and
(b) if the instrument of transfer was provided in hard copy—the instrument of transfer endorsed with the memorandum of approval must be returned to the person who applied for approval of the transfer; and
(c) if the instrument of transfer was provided electronically—a copy of the instrument of transfer endorsed with the memorandum of approval must be given to the person who applied for approval of the transfer.
480 Instrument of transfer does not create an interest in the title
The mere execution of an instrument of transfer of a title creates no interest in the title.
481 Limit on effect of approval of transfers
The approval of a transfer of a title does not give to the transfer any force, effect or validity that the transfer would not have had if this Chapter had not been enacted.
482 Application to have name entered on the Register as the holder of a title
(1) If the rights of the registered holder of a particular title have devolved on a person by operation of law, the person may apply to the Titles Administrator to have the person’s name entered in the relevant Register as the holder of the title.
(2) The application must be in writing.
483 Entry of name in the Register
Scope
(1) This section applies if an application is made under section 482 in relation to a title.
Entry in Register
(2) If:
(a) the Titles Administrator is satisfied that the rights of the holder have devolved on the applicant by operation of law; and
(b) the applicant has paid the prescribed fee;
the Titles Administrator must enter the name of the applicant in the relevant Register as the holder of the title.
(3) On that entry being made, the applicant becomes the registered holder of the title.
Part 4.5—Change in name of company
484 Application to have new name entered on the Register
(1) If:
(a) a company is the registered holder of a particular title; and
(b) the company has changed its name;
the company may apply to the Titles Administrator to have its new name substituted for its previous name in the relevant Register in relation to that title.
(2) The application must be in writing.
485 Alteration in the Register
Scope
(1) This section applies if a company applies under section 484 to have its new name substituted for its previous name in the relevant Register in relation to a particular title.
Alteration
(2) If:
(a) the Titles Administrator is satisfied that the company has changed its name; and
(b) the company has paid the prescribed fee;
the Titles Administrator must make the necessary alterations in the relevant Register.
Part 4.6—Dealings relating to existing titles
486 Dealings to which this Part applies
This Part applies to a dealing (other than a transfer of a title) that would have one or more of the effects set out in the table:
Effects of dealings | |
Item | Effect |
1 | The creation or assignment of an interest in an existing title. |
2 | The creation or assignment of a right (conditional or otherwise) to the assignment of an interest in an existing title. |
3 | The determination of the manner in which persons may: (a) exercise the rights conferred by an existing title; or (b) comply with the obligations imposed by an existing title; or (c) comply with the conditions of an existing title; (including the exercise of those rights, or the compliance with those obligations or conditions, under cooperative arrangements to recover petroleum). |
4 | The creation or assignment of an interest in relation to an existing petroleum exploration permit, petroleum retention lease or petroleum production licence, where the interest is known as: (a) an overriding royalty interest; or (b) a production payment; or (c) a net profits interest; or (d) a carried interest. |
5 | The creation or assignment of an interest that is similar to an interest covered by item 4, where the interest relates to: (a) petroleum produced from operations authorised by an existing petroleum exploration permit, petroleum retention lease or petroleum production licence; or (b) revenue derived as a result of the carrying out of operations authorised by an existing petroleum exploration permit, petroleum retention lease or petroleum production licence. |
6 | The creation or assignment of an option (conditional or otherwise) to enter into a dealing, where the dealing would have one or more of the effects referred to in items 1, 2, 3, 4 and 5. |
7 | The creation or assignment of a right (conditional or otherwise) to enter into a dealing, where the dealing would have one or more of the effects referred to in items 1, 2, 3, 4 and 5. |
8 | The alteration or termination of a dealing, where the dealing would have one or more of the effects referred to in items 1, 2, 3, 4, 5, 6 and 7. |
487 Approval and registration of dealings
A dealing is of no force, in so far as the dealing would have an effect of a kind referred to in the table in section 486 in relation to a particular title, until:
(a) the Titles Administrator has approved the dealing, in so far as it relates to that title; and
(b) the Titles Administrator has made an entry in the relevant Register in relation to the dealing under section 494.
488 Application for approval of dealing
(1) An application for approval of a dealing must be made in accordance with subsection (2) or (3).
Application—dealing relates to only one title
(2) If a dealing relates to only one title, a party to the dealing may apply to the Titles Administrator for approval of the dealing in so far as it relates to that title.
Application—dealing relates to 2 or more titles
(3) If a dealing relates to 2 or more titles, a party to the dealing may make a separate application to the Titles Administrator for approval of the dealing in so far as it relates to each title.
Applications must be made in approved manner
(4) An application must be made in an approved manner.
Note: Section 516A requires the application to be accompanied by an application fee.
(5) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).
489 Documents to accompany application
Instrument evidencing dealing
(1) An application for approval of a dealing must:
(a) be in the approved form; and
(b) be accompanied by the instrument evidencing the dealing; and
(c) be accompanied by any other information or documents required by the form.
(1A) An application for approval of a dealing is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument:
(a) has already been lodged with the Titles Administrator for the purposes of another application; or
(b) is given to the Titles Administrator before the end of the period applicable under subsection 491(1) or section 503 (as the case may be).
(1B) If the approved form requires the application to be accompanied by any other information or documents, an application for approval of a dealing 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 period applicable under subsection 491(1) or section 503 (as the case may be).
Supplementary instrument
(2) An application for approval of a dealing may be accompanied by an instrument in a form approved in an instrument under subsection (5) for the purposes of an application for approval of a dealing of that kind.
(3) An instrument under subsection (2) is called a supplementary instrument.
(5) The Titles Administrator may, by notifiable instrument, approve a form for the purposes of subsection (2).
(1) An application for approval of a dealing must be made within:
(a) 90 days after the day on which the party who last executed the instrument evidencing the dealing so executed the instrument; or
(b) such longer period as the Titles Administrator allows.
(2) The Titles Administrator may allow a longer period under paragraph (1)(b) only if there are sufficient grounds to warrant allowing the longer period.
(3) This section has effect subject to section 503.
Note: Section 503 is about approval of a dealing that was entered into before the title came into existence.
492 Application date to be entered in Register
If an application is made for approval of a dealing, the Titles Administrator:
(a) must enter a memorandum in the relevant Register of the date on which the application was lodged; and
(b) may make such other notation in the relevant Register as the Titles Administrator considers appropriate.
Scope
(1) This section applies if an application is made for approval of a dealing in so far as it relates to a particular title.
Decision
(2) The Titles Administrator must:
(a) approve the dealing; or
(b) refuse to approve the dealing;
in so far as it relates to that title.
Note: Section 503 limits the power conferred on the Titles Administrator by this section. Section 503 is about approval of a dealing that was entered into before the title came into existence.
(3) In deciding whether to approve a dealing, the Titles Administrator:
(a) must have regard to the matters (if any) prescribed by the regulations; and
(b) may have regard to any other matters the Titles Administrator considers relevant.
Notification of decision
(4) The Titles Administrator must, by written notice given to the applicant, notify the applicant of the Titles Administrator’s decision.
Refusal to approve dealing—notation in Register
(5) If the Titles Administrator refuses to approve the dealing in so far as it relates to that title, the Titles Administrator must make a notation of the refusal in the relevant Register.
494 Entry of dealing in Register
Scope
(1) This section applies if the Titles Administrator approves a dealing in so far as it relates to a particular title.
Endorsement
(2) The Titles Administrator must immediately endorse a memorandum of approval on the instrument evidencing the dealing.
Entry in Register
(3) The Titles Administrator must make an entry of the approval of the dealing in the relevant Register on:
(a) the memorial relating to that title; or
(b) the copy of that title.
495 Retention, inspection and return of instruments
Scope
(1) This section applies if the Titles Administrator makes an entry of the approval of a dealing in the relevant Register.
Application accompanied by supplementary instrument
(2) If the application for approval of the dealing was accompanied by a supplementary instrument:
(a) a copy of the supplementary instrument, endorsed with a copy of the memorandum of approval, must be:
(i) retained by the Titles Administrator; and
(ii) made available for inspection in accordance with this Chapter; and
(b) if the supplementary instrument was provided in hard copy—the supplementary instrument must be returned to the person who applied for approval; and
(c) if the supplementary instrument was provided electronically—a copy of the supplementary instrument must be given to the person who applied for approval; and
(d) a copy of the instrument evidencing the dealing must not be made available for inspection in accordance with this Chapter; and
(e) if the instrument evidencing the dealing was provided in hard copy—the instrument evidencing the dealing, endorsed with a memorandum of approval, must be returned to the person who applied for approval; and
(f) if the instrument evidencing the dealing was provided electronically—a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be given to the person who applied for approval.
Note: For inspection, see section 515.
Application not accompanied by supplementary instrument
(3) If the application for approval of the dealing was not accompanied by a supplementary instrument:
(a) a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be:
(i) retained by the Titles Administrator; and
(ii) made available for inspection in accordance with this Chapter; and
(b) if the instrument evidencing the dealing was provided in hard copy—the instrument evidencing the dealing, endorsed with a memorandum of approval, must be returned to the person who applied for approval; and
(c) if the instrument evidencing the dealing was provided electronically—a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be given to the person who applied for approval.
Note: For inspection, see section 515.
Definition
(4) In this section:
supplementary instrument has the meaning given by subsection 489(3) or 499(3).
496 Strict compliance with application provisions not required
The approval of a dealing, or the making of an entry in a Register in relation to a dealing, is not made ineffective because of any failure to comply, in relation to the application for approval of the dealing, with the requirements of this Part.
497 Limit on effect of approval of dealing
The approval of a dealing does not give to the dealing any force, effect or validity that the dealing would not have had if this Chapter had not been enacted.
Part 4.7—Dealings in future interests
498 Provisional application for approval of dealing
Scope
(1) This section applies if:
(a) 2 or more persons enter into a dealing relating to a title that may come into existence in the future; and
(b) that dealing would, if the title came into existence, become a dealing to which Part 4.6 applies.
Provisional application—dealing relates to only one title
(2) If the dealing relates to only one title that may come into existence in the future, a party to the dealing may make a provisional application to the Titles Administrator for approval of the dealing.
Provisional application—dealing relates to 2 or more titles
(3) If the dealing relates to 2 or more titles that may come into existence in the future, a party to the dealing may make a separate provisional application to the Titles Administrator for approval of the dealing in relation to each title that may come into existence in the future.
Applications must be made in approved manner
(4) An application must be made in an approved manner.
Note: Section 516A requires the application to be accompanied by an application fee.
(5) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).
499 Documents to accompany provisional application
Instrument evidencing dealing
(1) A provisional application for approval of a dealing must:
(a) be in the approved form; and
(b) be accompanied by the instrument evidencing the dealing; and
(c) be accompanied by any other information or documents required by the form.
(1A) A provisional application for approval of a dealing is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument:
(a) has already been lodged with the Titles Administrator for the purposes of another application; or
(b) is given to the Titles Administrator before the end of the period applicable under section 501.
(1B) If the approved form requires the application to be accompanied by any other information or documents, a provisional application for approval of a dealing 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 period applicable under section 501.
Supplementary instrument
(2) A provisional application for approval of a dealing may be accompanied by an instrument in a form approved in an instrument under subsection (5) for the purposes of a provisional application for approval of a dealing of that kind.
(2A) A provisional application for approval of a dealing is taken to be accompanied by the instrument referred to in subsection (2) if that instrument is given to the Titles Administrator before the end of the period applicable under section 501.
(3) An instrument under subsection (2) is called a supplementary instrument.
(5) The Titles Administrator may, by notifiable instrument, approve a form for the purposes of subsection (2).
501 Timing of provisional application
A provisional application must be made within the period worked out using the table:
Period for making a provisional application | |||
Item | In this case... | the period begins on... | and ends on... |
1 | a provisional application for approval of a dealing relating to any of the following titles that may come into existence in the future: (a) a petroleum exploration permit; (b) a petroleum retention lease; (c) a petroleum production licence; (d) an infrastructure licence; (e) a pipeline licence | the day on which an offer document that relates to the application for the title is given to the applicant for the title | the day on which the title comes into existence. |
2 | a provisional application for approval of a dealing relating to a petroleum access authority that may come into existence in the future | the day on which the application for the grant of the petroleum access authority is made | the day on which the petroleum access authority comes into existence. |
If:
(a) a provisional application is made for approval of a dealing; and
(b) the title to which the dealing relates comes into existence; and
(c) on that title coming into existence, the dealing becomes a dealing to which Part 4.6 applies;
the provisional application is to be treated as if it were an application made under section 488 on the day on which that title came into existence.
503 Limit on approval of dealing
(1) If:
(a) Part 4.6 applies to a dealing relating to a title; and
(b) immediately before the title came into existence, the dealing was a dealing referred to in subsection 498(1);
the Titles Administrator may approve the dealing under section 493 only if:
(c) a provisional application for approval of the dealing was made under section 498; or
(d) an application for approval of the dealing was made under section 488 within:
(i) 90 days after the day on which the title came into existence; or
(ii) such longer period as the Titles Administrator allows.
(2) The Titles Administrator may allow a longer period under subparagraph (1)(d)(ii) only if there are sufficient grounds to warrant allowing the longer period.
Part 4.8—Correction and rectification of Register
504 Corrections of clerical errors or obvious defects
The Titles Administrator may alter a Register for the purposes of correcting a clerical error or an obvious defect in the Register.
505 General power of correction of Register
Power of correction
(1) The Titles Administrator may make such entries in a Register as the Titles Administrator considers appropriate for the purposes of ensuring that the Register accurately records the interests and rights existing in relation to a title.
(2) The Titles Administrator may exercise the power conferred by subsection (1):
(a) on written application being made to the Titles Administrator by a person; or
(b) on the Titles Administrator’s own initiative.
Consultation
(3) Before the Titles Administrator makes an entry in a Register under subsection (1), the Titles Administrator must cause to be published in the Gazette a notice:
(a) setting out the terms of the entry that the Titles Administrator proposes to make in the Register; and
(b) inviting interested persons to give the Titles Administrator written submissions about the making of the entry; and
(c) specifying a time limit for the making of those submissions.
(4) The time limit must not be shorter than 45 days after the publication of the notice.
(5) In deciding whether to make the entry in the Register, the Titles Administrator must take into account any submissions made in accordance with the notice.
Gazettal of terms of entry
(6) If the Titles Administrator makes an entry in a Register under subsection (1), the Titles Administrator must cause to be published in the Gazette a notice setting out the terms of the entry.
Application for rectification
(1) If a person is aggrieved by any of the following:
(a) the omission of an entry from a Register;
(b) an entry made in a Register without sufficient cause;
(c) an entry wrongly existing in a Register;
(d) an error or defect in an entry in a Register;
the person may apply to:
(e) the Federal Court; or
(f) the Supreme Court of, or having jurisdiction in, the State or Territory to which the relevant offshore area relates;
for the rectification of the Register.
Court orders
(2) If an application is made under subsection (1) to a court for the rectification of a Register, the court may make such order as it thinks fit directing the rectification of the Register.
(3) In proceedings under this section, the court may decide any question that it is necessary or expedient to decide in connection with the rectification of the Register.
Appearance of Titles Administrator
(4) Notice of an application under this section must be given to the Titles Administrator concerned, who:
(a) may appear and be heard; and
(b) must appear if so directed by the court.
Copy of order to be given to Titles Administrator
(5) An office copy of an order made by the court may be given to the Titles Administrator.
Compliance with order
(6) The Titles Administrator must, on receipt of the order, rectify the Register accordingly.
Principal Northern Territory offshore area and Eastern Greater Sunrise offshore area
(7) For the purposes of paragraph (1)(f):
(a) the Principal Northern Territory offshore area; and
(b) the Eastern Greater Sunrise offshore area;
are taken to relate to the Northern Territory.
Part 4.9—Information‑gathering powers
507 Titles Administrator may obtain information from applicants
Scope
(1) This section applies if:
(a) an application for approval of the transfer of a title is made under section 473; or
(b) an application is made under section 482 or 484 in relation to a title; or
(c) an application for approval of a dealing is made under section 488; or
(d) a provisional application for approval of a dealing is made under section 498; or
(e) an application is made under section 505 in relation to a title.
Requirement to give information
(2) The Titles Administrator may, by written notice given to the applicant, require the applicant to give the Titles Administrator, within the period and in the manner specified in the notice, such information about the matter to which the application relates as the Titles Administrator considers necessary or advisable.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
(4) A person commits an offence if:
(a) the person has been given a notice under subsection (2); and
(b) the person omits to do an act; and
(c) the omission contravenes a requirement in the notice.
Penalty: 50 penalty units.
(5) A person commits an offence if:
(a) the Titles Administrator requires the person to give information under subsection (2); and
(b) the person gives information; and
(c) the person does so knowing that the information is false or misleading in a material particular.
Penalty: 50 penalty units.
Civil penalty
(5A) A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).
Civil penalty: 90 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
(5B) The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (4) is a continuing offence under section 4K of the Crimes Act 1914.
(5C) The maximum civil penalty for each day that a contravention of subsection (5A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (5A) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Notice to set out the effect of offence and civil penalty provisions
(6) A notice under subsection (2) must set out the effect of the following provisions:
(a) subsection (4);
(b) subsection (5);
(c) subsection (5A);
(d) subsection (5B);
(e) subsection (5C).
Note: The same conduct may be an offence against both subsection (5) of this section and section 137.1 of the Criminal Code.
508 Titles Administrator may obtain information from a party to an approved dealing
Scope
(1) This section applies if:
(a) a person is a party to a dealing relating to a title; and
(b) the dealing has been approved under section 493.
Requirement to give information
(2) The Titles Administrator may, by written notice given to the person, require the person to give to the Titles Administrator, within the period and in the manner specified in the notice, such information about alterations in the interests or rights existing in relation to the title as the Titles Administrator considers necessary or advisable.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
(4) A person commits an offence of strict liability if:
(a) the person has been given a notice under subsection (2); and
(b) the person omits to do an act; and
(c) the omission contravenes a requirement in the notice.
Penalty: 50 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
(5) A person commits an offence if:
(a) the Titles Administrator requires the person to give information under subsection (2); and
(b) the person gives information; and
(c) the person does so knowing that the information is false or misleading in a material particular.
Penalty: 50 penalty units.
Civil penalty
(5A) A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).
Civil penalty: 90 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
(5B) The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (4) is a continuing offence under section 4K of the Crimes Act 1914.
(5C) The maximum civil penalty for each day that a contravention of subsection (5A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (5A) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Notice to set out the effect of offence and civil penalty provisions
(6) A notice under subsection (2) must set out the effect of the following provisions:
(a) subsection (4);
(b) subsection (5);
(c) subsection (5A);
(d) subsection (5B);
(e) subsection (5C).
Note: The same conduct may be an offence against both subsection (5) of this section and section 137.1 of the Criminal Code.
509 Production and inspection of documents
Scope
(1) This section applies if the Titles Administrator has reason to believe that a document:
(a) is in the possession or under the control of a person; and
(b) relates to:
(i) a transfer or dealing for which approval is sought under this Chapter; or
(ii) an application under section 482, 484 or 505.
Requirement
(2) The Titles Administrator may, by written notice given to the person, require the person:
(a) to produce the document to the Titles Administrator, within the period and in the manner specified in the notice; or
(b) to make the document available for inspection by or on behalf of the Titles Administrator.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
(4) A person commits an offence of strict liability if:
(a) the person has been given a notice under subsection (2); and
(b) the person omits to do an act; and
(c) the omission contravenes a requirement in the notice.
Penalty: 50 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
(6) A person commits an offence if:
(a) the person has been given a notice under subsection (2); and
(b) the person:
(i) produces a document to the Titles Administrator; or
(ii) makes a document available for inspection by or on behalf of the Titles Administrator; and
(c) the person does so knowing that the document is false or misleading in a material particular; and
(d) the document is produced or made available in compliance or purported compliance with the notice.
Penalty: 50 penalty units.
Civil penalty
(6A) A person is liable to a civil penalty if the person contravenes a requirement in a notice under subsection (2).
Civil penalty: 90 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
(6B) The maximum penalty for each day that an offence under subsection (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (4) is a continuing offence under section 4K of the Crimes Act 1914.
(6C) The maximum civil penalty for each day that a contravention of subsection (6A) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (6A) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Notice to set out the effect of offence and civil penalty provisions
(7) A notice under subsection (2) must set out the effect of the following provisions:
(a) subsection (4);
(b) subsection (6);
(c) subsection (6A);
(d) subsection (6B);
(e) subsection (6C).
Note: The same conduct may be an offence against both subsection (6) of this section and section 137.2 of the Criminal Code.
510 Titles Administrator may retain documents
(1) The Titles Administrator may take possession of a document produced under section 509, and retain it for as long as is necessary.
(2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Titles Administrator to be a true copy.
(3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.
(4) Until a certified copy is supplied, the Titles Administrator must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.
511 Titles Administrator etc. not concerned with the effect of instrument lodged under this Chapter
None of the following is concerned with the effect in law of an instrument lodged under this Chapter:
(a) the Joint Authority;
(b) the Titles Administrator;
(c) a person acting under the direction or authority of the Joint Authority or the Titles Administrator.
513 Making a false entry in a Register
A person commits an offence if:
(a) the person:
(i) makes an entry in a Register; or
(ii) causes an entry to be made in a Register; or
(iii) concurs in the making of an entry in a Register; and
(b) the person does so knowing that the entry is false.
Penalty: 50 penalty units.
Note: The same conduct may be an offence against both this section and section 145.4 of the Criminal Code.
(1) A person commits an offence if:
(a) the person produces or tenders in evidence a document; and
(b) the document falsely purports to be:
(i) a copy of or extract from an entry in a Register; or
(ii) a copy of or extract from an instrument given to the Titles Administrator under this Chapter.
Penalty: 50 penalty units.
Note: The same conduct may be an offence against both this section and section 137.2 of the Criminal Code.
(2) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
515 Inspection of Register and instruments
Inspection of Register
(1) The Titles Administrator must ensure that each Register is open for inspection, at all convenient times, by any person on payment of a fee calculated under the regulations.
Instruments
(2) The Titles Administrator must ensure that all instruments, or copies of instruments, subject to inspection under this Chapter are open for inspection, at all convenient times, by any person on payment of a fee calculated under the regulations.
Register
(1) A Register is to be received in all courts and proceedings as prima facie evidence of all matters required or authorised by this Chapter or Chapter 5A to be entered in the Register.
Certified copies and extracts
(2) The Titles Administrator may, on payment of a fee calculated under the regulations, supply:
(a) a copy of or extract from a Register; or
(b) a copy of or extract from any instrument lodged with the Titles Administrator under this Chapter;
certified by the Titles Administrator to be a true copy or true extract, as the case may be.
(3) The certified copy or extract is admissible in evidence in all courts and proceedings without further proof or production of the original.
Evidentiary certificate
(4) The Titles Administrator may, on payment of a fee calculated under the regulations, issue a written certificate:
(a) stating that an entry, matter or thing required or permitted by or under this Chapter to be made or done:
(i) has been made or done; or
(ii) has not been made or done; or
(b) stating that an entry, matter or thing required by or under this Chapter not to be made or done:
(i) has not been made or done; or
(ii) has been made or done.
(5) The certificate is to be received in all courts and proceedings as prima facie evidence of the statements in the certificate.
Criminal proceedings—copy of certificate to be given to defendant 14 days before certificate admitted in evidence
(6) A certificate must not be admitted in evidence under subsection (5) in proceedings for an offence unless:
(a) the person charged with the offence; or
(b) a barrister or solicitor who has appeared for the person in those proceedings;
has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the proceedings.
Person signing the certificate may be called to give evidence
(7) If, under subsection (5), a certificate is admitted in evidence in proceedings for an offence, the person charged with the offence may require the person who signed the certificate to be:
(a) called as a witness for the prosecution; and
(b) cross‑examined as if the person who signed the certificate had given evidence of the matters stated in the certificate.
(8) However, subsection (7) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless:
(a) the prosecutor has been given at least 4 days notice of the person’s intention to require the person who signed the certificate to be so called; or
(b) the court, by order, allows the person charged to require the person who signed the certificate to be so called.
Evidence in support, or in rebuttal, of matters in certificate to be considered on its merits
(9) Any evidence given in support, or in rebuttal, of a matter stated in a certificate issued under subsection (4) must be considered on its merits, and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.
(1) An eligible application must be accompanied by the fee (if any) prescribed by the regulations.
Note: For eligible application, see subsection (4).
(2) Different fees may be prescribed for different eligible applications.
(3) A fee must not be such as to amount to taxation.
(3A) An eligible application is taken to be accompanied by a fee if the fee is received before the end of the 10‑day period that began on the day after the application was made.
(4) For the purposes of this section, each of the following is an eligible application:
(a) an application for the approval of the transfer of a title;
(b) an application for the approval of a dealing (other than an application covered by section 502);
(c) a provisional application for the approval of a dealing.
Chapter 5—Registration of transfers of, and dealings in, greenhouse gas titles
The following is a simplified outline of this Chapter:
• The Titles Administrator must keep a Register of greenhouse gas titles and greenhouse gas search authorities.
• A transfer of a greenhouse gas title must be approved by the Titles Administrator, and an instrument of transfer must be registered under this Part.
• A dealing in a greenhouse gas title must be approved by the Titles Administrator, and the approval must be entered in the Register.
In this Chapter:
Register means the Register kept under section 521.
title means:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence; or
(d) a greenhouse gas special authority.
520 Dealing—series of debentures
For the purposes of this Chapter, if a dealing forms a part of the issue of a series of debentures, all of the dealings constituting the issue of that series of debentures are taken to be one dealing.
Part 5.2—Register of titles and greenhouse gas search authorities
The Titles Administrator must keep a Register of:
(a) titles; and
(b) greenhouse gas search authorities.
522 Entries in Register—general
Memorial
(1) The Titles Administrator must enter in the Register a memorial for each title and greenhouse gas search authority.
(2) The memorial must comply with the table:
Content of memorial | ||
Item | In the case of... | the memorial must... |
1 | a title or greenhouse gas search authority | specify the name of the holder of the title. |
2 | a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority | set out an accurate description (including, where convenient, a map) of the permit area, lease area, licence area or authority area. |
3 | a title or greenhouse gas search authority | specify the term of the title or greenhouse gas search authority. |
4 | a title or greenhouse gas search authority | set out such other matters and things as are required by this Act to be entered in the Register. |
5 | a title or greenhouse gas search authority | set out such further matters relating to the registered holder, or to the conditions of the title or greenhouse gas search authority, as the Titles Administrator thinks proper and expedient in the public interest. |
(3) The Titles Administrator must enter in the Register a memorial of:
(a) a notice or instrument:
(i) varying; or
(ii) cancelling; or
(iii) surrendering (to any extent); or
(iv) otherwise affecting;
a title or greenhouse gas search authority; or
(b) a notice or instrument varying or revoking a notice or instrument referred to in paragraph (a).
Note: Subparagraph (a)(iv) would cover, for example, a notice revoking a greenhouse gas special authority.
Copy of title may be entered instead of memorial
(4) It is a sufficient compliance with the requirements of subsection (1), (2) or (3) if the Titles Administrator enters a copy of the title, greenhouse gas search authority, notice or instrument in the Register.
Date of entry to be endorsed
(5) The Titles Administrator must endorse on:
(a) the memorial; or
(b) the copy of the title, greenhouse gas search authority, notice or instrument;
a memorandum of the date on which the memorial or copy was entered in the Register.
523 Entry in Register—cessation or expiry of title
If an event specified in the table happens, the Titles Administrator must enter in the Register a memorial of the fact.
Cessation of title etc. | |
Item | Event |
1 | A greenhouse gas assessment permit or greenhouse gas holding lease ceases to be in force over a block in relation to which a greenhouse gas injection licence is granted. |
2 | A greenhouse gas assessment permit ceases to be in force over a block in relation to which a greenhouse gas holding lease (other than a special greenhouse gas holding lease) is granted. |
3 | A greenhouse gas assessment permit or a greenhouse gas holding lease (other than a special greenhouse gas holding lease) ceases to be in force over a block in relation to which a special greenhouse gas holding lease is granted. |
4 | A greenhouse gas injection licence ceases to be in force over a block in relation to which a greenhouse gas holding lease is granted. |
5 | A greenhouse gas assessment permit, greenhouse gas holding lease (other than a special greenhouse gas holding lease), greenhouse gas search authority or greenhouse gas special authority expires. |
523A Notation in Register—applicable datum
The Titles Administrator may make a notation in the Register about the applicable datum for a title, greenhouse gas search authority, notice or instrument.
524 Approval and registration of transfers
A transfer of a title is of no force until:
(a) it has been approved by the Titles Administrator; and
(b) an instrument of transfer is registered as provided by this Part.
525 Application for approval of transfer
(1) One of the parties to a proposed transfer of a title may apply to the Titles Administrator for approval of the transfer.
(2) An application must be made in an approved manner.
Note: Section 565A requires the application to be accompanied by an application fee.
(3) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (2).
526 Documents to accompany application
(1) An application for approval of a transfer must:
(a) be in the approved form; and
(b) be accompanied by an instrument of transfer, in the form approved in an instrument under subsection (4), executed by:
(i) the registered holder or, if there are 2 or more registered holders, by each registered holder; and
(ii) the transferee or, if there are 2 or more transferees, by each transferee; and
(c) be accompanied by any other information or documents required by the form.
(2) An application for approval of a transfer is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument is given to the Titles Administrator before the end of the period applicable under subsection 527(1).
(3) If the approved form requires the application to be accompanied by any other information or documents, an application for approval of a transfer 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 period applicable under subsection 527(1).
(4) The Titles Administrator may, by notifiable instrument, approve a form for the purposes of paragraph (1)(b).
527 Time limit for application
(1) An application for approval of a transfer must be made within:
(a) 90 days after the day on which the party who last executed the instrument of transfer so executed the instrument of transfer; or
(b) such longer period as the Titles Administrator allows.
(2) The Titles Administrator may allow a longer period under paragraph (1)(b) only if there are sufficient grounds to warrant allowing the longer period.
528 Date of application to be entered in Register
If an application is made for approval of a transfer, the Titles Administrator:
(a) must enter a memorandum in the Register of the date on which the application was lodged; and
(b) may make such other notation in the Register as the Titles Administrator considers appropriate.
Scope
(1) This section applies if an application is made for approval of a transfer.
Decision
(2) The Titles Administrator must:
(a) approve the transfer; or
(b) refuse to approve the transfer.
(2A) Before deciding whether to approve a transfer of a title, the Titles Administrator may consult with one or more of the following:
(a) the Cross‑boundary Authority;
(b) NOPSEMA;
(c) the responsible Commonwealth Minister.
(2B) In deciding whether to approve a transfer of a title, the Titles Administrator:
(a) must have regard to the matters specified in subsection (2C); and
(b) may have regard to the matters raised in consultations (if any) under subsection (2A); and
(c) may have regard to any other matters the Titles Administrator considers relevant.
(2C) The matters are as follows:
(a) whether the technical advice and financial resources available to the transferee or transferees are sufficient to:
(i) carry out the operations and works that are authorised by the title; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the title;
(b) the matters specified in section 695YB as they apply to the transferee or transferees;
(c) if the transferee or transferees 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.
(3) If:
(a) the application is for approval of a transfer of a greenhouse gas holding lease or a greenhouse gas injection licence; and
(b) the greenhouse gas holding lease or the greenhouse gas injection licence is tied to a petroleum retention lease;
the Titles Administrator must not approve the transfer of the greenhouse gas holding lease or the greenhouse gas injection licence unless:
(c) a transfer of the petroleum retention lease has been approved by the Titles Administrator under section 478; and
(d) the transfer of the petroleum retention lease is registered under section 479; and
(e) both:
(i) the instrument of transfer of the petroleum retention lease; and
(ii) the instrument of transfer of the greenhouse gas holding lease or greenhouse gas injection licence;
were executed at or about the same time; and
(f) the transferee or transferees of the petroleum retention lease are the same as the transferee or transferees of the greenhouse gas holding lease or greenhouse gas injection licence.
(4) If:
(a) the application is for approval of a transfer of a greenhouse gas holding lease or a greenhouse gas injection licence; and
(b) the greenhouse gas holding lease or the greenhouse gas injection licence is tied to a petroleum production licence;
the Titles Administrator must not approve the transfer of the greenhouse gas holding lease or the greenhouse gas injection licence unless:
(c) a transfer of the petroleum production licence has been approved by the Titles Administrator under section 478; and
(d) the transfer of the petroleum production licence is registered under section 479; and
(e) both:
(i) the instrument of transfer of the petroleum production licence; and
(ii) the instrument of transfer of the greenhouse gas holding lease or greenhouse gas injection licence;
were executed at or about the same time; and
(f) the transferee or transferees of the petroleum production licence are the same as the transferee or transferees of the greenhouse gas holding lease or greenhouse gas injection licence.
(5) The Titles Administrator must, by written notice given to the applicant, notify the applicant of the Titles Administrator’s decision.
(6) If the Titles Administrator refuses to approve the transfer, the Titles Administrator must make a notation of the refusal in the Register.
Scope
(1) This section applies if the Titles Administrator approves the transfer of a title.
Endorsement
(2) The Titles Administrator must immediately endorse a memorandum of approval on the instrument of transfer.
(3) The Titles Administrator must enter in the Register a memorandum of:
(a) the transfer; and
(b) the name of the transferee or of each transferee.
(4) On the entry in the Register of the memorandum:
(a) the transfer is taken to be registered; and
(b) the transferee becomes the registered holder, or the transferees become the registered holders, of the title.
(5) If the transfer is registered:
(a) a copy of the instrument of transfer endorsed with the memorandum of approval must be:
(i) retained by the Titles Administrator; and
(ii) made available for inspection in accordance with this Chapter; and
(b) if the instrument of transfer was provided in hard copy—the instrument of transfer endorsed with the memorandum of approval must be returned to the person who applied for approval of the transfer; and
(c) if the instrument of transfer was provided electronically—a copy of the instrument of transfer endorsed with the memorandum of approval must be given to the person who applied for approval of the transfer.
531 Instrument of transfer does not create an interest in the title
The mere execution of an instrument of transfer of a title creates no interest in the title.
532 Limit on effect of approval of transfers
The approval of a transfer of a title does not give to the transfer any force, effect or validity that the transfer would not have had if this Chapter had not been enacted.
533 Application to have name entered on the Register as the holder of a title
(1) If the rights of the registered holder of a particular title have devolved on a person by operation of law, the person may apply to the Titles Administrator to have the person’s name entered in the Register as the holder of the title.
(2) The application must be in writing.
534 Entry of name in the Register
Scope
(1) This section applies if an application is made under section 533 in relation to a title.
Entry in Register
(2) If:
(a) the Titles Administrator is satisfied that the rights of the holder have devolved on the applicant by operation of law; and
(b) the applicant has paid the prescribed fee;
the Titles Administrator must enter the name of the applicant in the Register as the holder of the title.
(3) On that entry being made, the applicant becomes the registered holder of the title.
Part 5.5—Change in name of company
535 Application to have new name entered on the Register
(1) If:
(a) a company is the registered holder of a particular title; and
(b) the company has changed its name;
the company may apply to the Titles Administrator to have its new name substituted for its previous name in the Register in relation to that title.
(2) The application must be in writing.
536 Alteration in the Register
Scope
(1) This section applies if a company applies under section 535 to have its new name substituted for its previous name in the Register in relation to a particular title.
Alteration
(2) If:
(a) the Titles Administrator is satisfied that the company has changed its name; and
(b) the company has paid the prescribed fee;
the Titles Administrator must make the necessary alterations in the Register.
Part 5.6—Dealings relating to existing titles
537 Dealings to which this Part applies
This Part applies to a dealing (other than a transfer of a title) that would have one or more of the effects set out in the table:
Effects of dealings | |
Item | Effect |
1 | The creation or assignment of an interest in an existing title. |
2 | The creation or assignment of a right (conditional or otherwise) to the assignment of an interest in an existing title. |
3 | The determination of the manner in which persons may: (a) exercise the rights conferred by an existing title; or (b) comply with the obligations imposed by an existing title; or (c) comply with the conditions of an existing title; (including the exercise of those rights, or the compliance with those obligations or conditions, under cooperative arrangements to inject or store greenhouse gas substances). |
4 | The creation or assignment of an interest in relation to an existing greenhouse gas assessment permit, existing greenhouse gas holding lease or existing greenhouse gas injection licence, where the interest relates to: (a) a greenhouse gas substance injected or stored under the permit, lease or licence; or (b) revenue derived as a result of the carrying out of operations authorised by the permit, lease or licence; or (c) profits derived as a result of the carrying out of operations authorised by the permit, lease or licence; or (d) a matter specified in the regulations. |
5 | The creation or assignment of an option (conditional or otherwise) to enter into a dealing, where the dealing would have one or more of the effects referred to in items 1, 2, 3 and 4. |
6 | The creation or assignment of a right (conditional or otherwise) to enter into a dealing, where the dealing would have one or more of the effects referred to in items 1, 2, 3 and 4. |
7 | The alteration or termination of a dealing, where the dealing would have one or more of the effects referred to in items 1, 2, 3, 4, 5 and 6. |
538 Approval and registration of dealings
A dealing is of no force, in so far as the dealing would have an effect of a kind referred to in the table in section 537 in relation to a particular title, until:
(a) the Titles Administrator has approved the dealing, in so far as it relates to that title; and
(b) the Titles Administrator has made an entry in the Register in relation to the dealing under section 544.
539 Application for approval of dealing
(1) An application for approval of a dealing must be made in accordance with subsection (2) or (3).
Application—dealing relates to only one title
(2) If a dealing relates to only one title, a party to the dealing may apply to the Titles Administrator for approval of the dealing in so far as it relates to that title.
Application—dealing relates to 2 or more titles
(3) If a dealing relates to 2 or more titles, a party to the dealing may make a separate application to the Titles Administrator for approval of the dealing in so far as it relates to each title.
Applications must be made in approved manner
(4) An application must be made in an approved manner.
Note: Section 565A requires the application to be accompanied by an application fee.
(5) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).
540 Documents to accompany application
Instrument evidencing dealing
(1) An application for approval of a dealing must:
(a) be in the approved form; and
(b) be accompanied by the instrument evidencing the dealing; and
(c) be accompanied by any other information or documents required by the form.
(1A) An application for approval of a dealing is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument:
(a) has already been lodged with the Titles Administrator for the purposes of another application; or
(b) is given to the Titles Administrator before the end of the period applicable under subsection 541(1) or section 552 (as the case may be).
(1B) If the approved form requires the application to be accompanied by any other information or documents, an application for approval of a dealing 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 period applicable under subsection 541(1) or section 552 (as the case may be).
Supplementary instrument
(2) An application for approval of a dealing may be accompanied by an instrument in a form approved in an instrument under subsection (4) for the purposes of an application for approval of a dealing of that kind.
(2A) An application for approval of a dealing is taken to be accompanied by the instrument referred to in subsection (2) if that instrument is given to the Titles Administrator before the end of the period applicable under subsection 541(1) or section 552 (as the case may be).
(3) An instrument under subsection (2) is called a supplementary instrument.
(4) The Titles Administrator may, by notifiable instrument, approve a form for the purposes of subsection (2).
(1) An application for approval of a dealing must be made within:
(a) 90 days after the day on which the party who last executed the instrument evidencing the dealing so executed the instrument; or
(b) such longer period as the Titles Administrator allows.
(2) The Titles Administrator may allow a longer period under paragraph (1)(b) only if there are sufficient grounds to warrant allowing the longer period.
(3) This section has effect subject to section 552.
Note: Section 552 is about approval of a dealing that was entered into before the title came into existence.
542 Application date to be entered in Register
If an application is made for approval of a dealing, the Titles Administrator:
(a) must enter a memorandum in the Register of the date on which the application was lodged; and
(b) may make such other notation in the Register as the Titles Administrator considers appropriate.
Scope
(1) This section applies if an application is made for approval of a dealing in so far as it relates to a particular title.
Decision
(2) The Titles Administrator must:
(a) approve the dealing; or
(b) refuse to approve the dealing;
in so far as it relates to that title.
Note: Section 552 limits the power conferred on the Titles Administrator by this section. Section 552 is about approval of a dealing that was entered into before the title came into existence.
(2A) In deciding whether to approve a dealing, the Titles Administrator:
(a) must have regard to the matters (if any) prescribed by the regulations; and
(b) may have regard to any other matters the Titles Administrator considers relevant.
Notification of decision
(3) The Titles Administrator must, by written notice given to the applicant, notify the applicant of the Titles Administrator’s decision.
Refusal to approve dealing—notation in Register
(4) If the Titles Administrator refuses to approve the dealing in so far as it relates to that title, the Titles Administrator must make a notation of the refusal in the Register.
544 Entry of dealing in Register
Scope
(1) This section applies if the Titles Administrator approves a dealing in so far as it relates to a particular title.
Endorsement
(2) The Titles Administrator must immediately endorse a memorandum of approval on the instrument evidencing the dealing.
Entry in Register
(3) The Titles Administrator must make an entry of the approval of the dealing in the Register on:
(a) the memorial relating to that title; or
(b) the copy of that title.
545 Retention, inspection and return of instruments
Scope
(1) This section applies if the Titles Administrator makes an entry of the approval of a dealing in the Register.
Application accompanied by supplementary instrument
(2) If the application for approval of the dealing was accompanied by a supplementary instrument:
(a) a copy of the supplementary instrument, endorsed with a copy of the memorandum of approval, must be:
(i) retained by the Titles Administrator; and
(ii) made available for inspection in accordance with this Chapter; and
(b) if the supplementary instrument was provided in hard copy—the supplementary instrument must be returned to the person who applied for approval; and
(c) if the supplementary instrument was provided electronically—a copy of the supplementary instrument must be given to the person who applied for approval; and
(d) a copy of the instrument evidencing the dealing must not be made available for inspection in accordance with this Chapter; and
(e) if the instrument evidencing the dealing was provided in hard copy—the instrument evidencing the dealing, endorsed with a memorandum of approval, must be returned to the person who applied for approval; and
(f) if the instrument evidencing the dealing was provided electronically—a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be given to the person who applied for approval.
Note: For inspection, see section 564.
Application not accompanied by supplementary instrument
(3) If the application for approval of the dealing was not accompanied by a supplementary instrument:
(a) a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be:
(i) retained by the Titles Administrator; and
(ii) made available for inspection in accordance with this Chapter; and
(b) if the instrument evidencing the dealing was provided in hard copy—the instrument evidencing the dealing, endorsed with a memorandum of approval, must be returned to the person who applied for approval; and
(c) if the instrument evidencing the dealing was provided electronically—a copy of the instrument evidencing the dealing, endorsed with a memorandum of approval, must be given to the person who applied for approval.
Note: For inspection, see section 564.
Definition
(4) In this section:
supplementary instrument has the meaning given by subsection 540(3) or 549(3).
546 Strict compliance with application provisions not required
The approval of a dealing, or the making of an entry in the Register in relation to a dealing, is not made ineffective because of any failure to comply, in relation to the application for approval of the dealing, with the requirements of this Part.
547 Limit on effect of approval of dealing
The approval of a dealing does not give to the dealing any force, effect or validity that the dealing would not have had if this Chapter had not been enacted.
Part 5.7—Dealings in future interests
548 Provisional application for approval of dealing
Scope
(1) This section applies if:
(a) 2 or more persons enter into a dealing relating to a title that may come into existence in the future; and
(b) that dealing would, if the title came into existence, become a dealing to which Part 5.6 applies.
Provisional application—dealing relates to only one title
(2) If the dealing relates to only one title that may come into existence in the future, a party to the dealing may make a provisional application to the Titles Administrator for approval of the dealing.
Provisional application—dealing relates to 2 or more titles
(3) If the dealing relates to 2 or more titles that may come into existence in the future, a party to the dealing may make a separate provisional application to the Titles Administrator for approval of the dealing in relation to each title that may come into existence in the future.
Applications must be made in approved manner
(4) A provisional application must be made in an approved manner.
Note: Section 565A requires the application to be accompanied by an application fee.
(5) The Titles Administrator must publish on the Titles Administrator’s website a copy of the instrument of approval referred to in subsection (4).
549 Documents to accompany provisional application
Instrument evidencing dealing
(1) A provisional application for approval of a dealing must:
(a) be in the approved form; and
(b) be accompanied by the instrument evidencing the dealing; and
(c) be accompanied by any other information or documents required by the form.
(1A) A provisional application for approval of a dealing is taken to be accompanied by the instrument referred to in paragraph (1)(b) if that instrument:
(a) has already been lodged with the Titles Administrator for the purposes of another application; or
(b) is given to the Titles Administrator before the end of the period applicable under section 550.
(1B) If the approved form requires the application to be accompanied by any other information or documents, a provisional application for approval of a dealing 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 period applicable under section 550.
Supplementary instrument
(2) A provisional application for approval of a dealing may be accompanied by an instrument in a form approved in an instrument under subsection (4) for the purposes of a provisional application for approval of a dealing of that kind.
(2A) A provisional application for approval of a dealing is taken to be accompanied by the instrument referred to in subsection (2) if that instrument:
(a) has already been lodged with the Titles Administrator for the purposes of another application; or
(b) is given to the Titles Administrator before the end of the period applicable under section 550.
(3) An instrument under subsection (2) is called a supplementary instrument.
(4) The Titles Administrator may, by notifiable instrument, approve a form for the purposes of subsection (2).
550 Timing of provisional application
A provisional application must be made within the period worked out using the table:
Period for making a provisional application | |||
Item | In this case... | the period begins on... | and ends on... |
1 | a provisional application for approval of a dealing relating to any of the following titles that may come into existence in the future: (a) a greenhouse gas assessment permit; (b) a greenhouse gas holding lease; (c) a greenhouse gas injection licence | the day on which an offer document that relates to the application for the title is given to the applicant for the title | the day on which the title comes into existence. |
2 | a provisional application for approval of a dealing relating to a greenhouse gas special authority that may come into existence in the future | the day on which the application for the grant of the greenhouse gas special authority is made | the day on which the greenhouse gas special authority comes into existence. |
If:
(a) a provisional application is made for approval of a dealing; and
(b) the title to which the dealing relates comes into existence; and
(c) on that title coming into existence, the dealing becomes a dealing to which Part 5.6 applies;
the provisional application is to be treated as if it were an application made under section 539 on the day on which that title came into existence.
552 Limit on approval of dealing
(1) If:
(a) Part 5.6 applies to a dealing relating to a title; and
(b) immediately before the title came into existence, the dealing was a dealing referred to in subsection 548(1);
the Titles Administrator may approve the dealing under section 543 only if:
(c) a provisional application for approval of the dealing was made under section 548; or
(d) an application for approval of the dealing was made under section 539 within:
(i) 90 days after the day on which the title came into existence; or
(ii) such longer period as the Titles Administrator allows.
(2) The Titles Administrator may allow a longer period under subparagraph (1)(d)(ii) only if there are sufficient grounds to warrant allowing the longer period.
Part 5.8—Correction and rectification of Register
553 Corrections of clerical errors or obvious defects
The Titles Administrator may alter the Register for the purposes of correcting a clerical error or an obvious defect in the Register.
554 General power of correction of Register
Power of correction
(1) The Titles Administrator may make such entries in the Register as the Titles Administrator considers appropriate for the purposes of ensuring that the Register accurately records the interests and rights existing in relation to a title.
(2) The Titles Administrator may exercise the power conferred by subsection (1):
(a) on written application being made to the Titles Administrator by a person; or
(b) on the Titles Administrator’s own initiative.
Consultation
(3) Before the Titles Administrator makes an entry in the Register under subsection (1), the Titles Administrator must cause to be published in the Gazette a notice:
(a) setting out the terms of the entry that the Titles Administrator proposes to make in the Register; and
(b) inviting interested persons to give the Titles Administrator written submissions about the making of the entry; and
(c) specifying a time limit for the making of those submissions.
(4) The time limit must not be shorter than 45 days after the publication of the notice.
(5) In deciding whether to make the entry in the Register, the Titles Administrator must take into account any submissions made in accordance with the notice.
Gazettal of terms of entry
(6) If the Titles Administrator makes an entry in the Register under subsection (1), the Titles Administrator must cause to be published in the Gazette a notice setting out the terms of the entry.
Application for rectification
(1) If a person is aggrieved by any of the following:
(a) the omission of an entry from the Register;
(b) an entry made in the Register without sufficient cause;
(c) an entry wrongly existing in the Register;
(d) an error or defect in an entry in the Register;
the person may apply to:
(e) the Federal Court; or
(f) the Supreme Court of, or having jurisdiction in, the State or Territory to which the relevant offshore area relates;
for the rectification of the Register.
Court orders
(2) If an application is made under subsection (1) to a court for the rectification of the Register, the court may make such order as it thinks fit directing the rectification of the Register.
(3) In proceedings under this section, the court may decide any question that it is necessary or expedient to decide in connection with the rectification of the Register.
Appearance of Titles Administrator
(4) Notice of an application under this section must be given to the Titles Administrator, who:
(a) may appear and be heard; and
(b) must appear if so directed by the court.
Copy of order to be given to Titles Administrator
(5) An office copy of an order made by the court may be given to the Titles Administrator.
Compliance with order
(6) The Titles Administrator must, on receipt of the order, rectify the Register accordingly.
Principal Northern Territory offshore area and Eastern Greater Sunrise offshore area
(7) For the purposes of paragraph (1)(f):
(a) the Principal Northern Territory offshore area; and
(b) the Eastern Greater Sunrise offshore area;
are taken to relate to the Northern Territory.
Part 5.9—Information‑gathering powers
556 Titles Administrator may obtain information from applicants
Scope
(1) This section applies if:
(a) an application for approval of the transfer of a title is made under section 525; or
(b) an application is made under section 533 or 535 in relation to a title; or
(c) an application for approval of a dealing is made under section 539; or
(d) a provisional application for approval of a dealing is made under section 548; or
(e) an application is made under section 554 in relation to a title.
Requirement to give information
(2) The Titles Administrator may, by written notice given to the applicant, require the applicant to give the Titles Administrator, within the period and in the manner specified in the notice, such information about the matter to which the application relates as the Titles Administrator considers necessary or advisable.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
(4) A person commits an offence if:
(a) the person has been given a notice under subsection (2); and
(b) the person omits to do an act; and
(c) the omission contravenes a requirement in the notice.
Penalty: 50 penalty units.
(5) A person commits an offence if:
(a) the Titles Administrator requires the person to give information under subsection (2); and
(b) the person gives information; and
(c) the person does so knowing that the information is false or misleading in a material particular.
Penalty: 50 penalty units.
Notice to set out the effect of offence provisions
(6) A notice under subsection (2) must set out the effect of the following provisions:
(a) subsection (4);
(b) subsection (5).
Note: The same conduct may be an offence against both subsection (5) of this section and section 137.1 of the Criminal Code.
557 Titles Administrator may obtain information from a party to an approved dealing
Scope
(1) This section applies if:
(a) a person is a party to a dealing relating to a title; and
(b) the dealing has been approved under section 543.
Requirement to give information
(2) The Titles Administrator may, by written notice given to the person, require the person to give to the Titles Administrator, within the period and in the manner specified in the notice, such information about alterations in the interests or rights existing in relation to the title as the Titles Administrator considers necessary or advisable.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
(4) A person commits an offence if:
(a) the person has been given a notice under subsection (2); and
(b) the person omits to do an act; and
(c) the omission contravenes a requirement in the notice.
Penalty: 50 penalty units.
(4A) An offence against subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(5) A person commits an offence if:
(a) the Titles Administrator requires the person to give information under subsection (2); and
(b) the person gives information; and
(c) the person does so knowing that the information is false or misleading in a material particular.
Penalty: 50 penalty units.
Notice to set out the effect of offence provisions
(6) A notice under subsection (2) must set out the effect of the following provisions:
(a) subsection (4);
(b) subsection (5).
Note: The same conduct may be an offence against both subsection (5) of this section and section 137.1 of the Criminal Code.
558 Production and inspection of documents
Scope
(1) This section applies if the Titles Administrator has reason to believe that a document:
(a) is in the possession or under the control of a person; and
(b) relates to:
(i) a transfer or dealing for which approval is sought under this Chapter; or
(ii) an application under section 533, 535 or 536.
Requirement
(2) The Titles Administrator may, by written notice given to the person, require the person:
(a) to produce the document to the Titles Administrator, within the period and in the manner specified in the notice; or
(b) to make the document available for inspection by or on behalf of the Titles Administrator.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Offences
(4) A person commits an offence if:
(a) the person has been given a notice under subsection (2); and
(b) the person omits to do an act; and
(c) the omission contravenes a requirement in the notice.
Penalty: 50 penalty units.
(5) An offence against subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(6) A person commits an offence if:
(a) the person has been given a notice under subsection (2); and
(b) the person:
(i) produces a document to the Titles Administrator; or
(ii) makes a document available for inspection by or on behalf of the Titles Administrator; and
(c) the person does so knowing that the document is false or misleading in a material particular; and
(d) the document is produced or made available in compliance or purported compliance with the notice.
Penalty: 50 penalty units.
Notice to set out the effect of offence provisions
(7) A notice under subsection (2) must set out the effect of the following provisions:
(a) subsection (4);
(b) subsection (6).
Note: The same conduct may be an offence against both subsection (6) of this section and section 137.2 of the Criminal Code.
559 Titles Administrator may retain documents
(1) The Titles Administrator may take possession of a document produced under section 558, and retain it for as long as is necessary.
(2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Titles Administrator to be a true copy.
(3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.
(4) Until a certified copy is supplied, the Titles Administrator must provide the person otherwise entitled to possession of the document, or a person authorised by that person, reasonable access to the document for the purposes of inspecting and making copies of, or taking extracts from, the document.
560 Titles Administrator not concerned with the effect of instrument lodged under this Chapter
The Titles Administrator is not concerned with the effect in law of an instrument lodged under this Chapter.
562 Making a false entry in the Register
A person commits an offence if:
(a) the person:
(i) makes an entry in the Register; or
(ii) causes an entry to be made in the Register; or
(iii) concurs in the making of an entry in the Register; and
(b) the person does so knowing that the entry is false.
Penalty: 50 penalty units.
Note: The same conduct may be an offence against both this section and section 145.4 of the Criminal Code.
A person commits an offence if:
(a) the person produces or tenders in evidence a document; and
(b) the document falsely purports to be:
(i) a copy of or extract from an entry in the Register; or
(ii) a copy of or extract from an instrument given to the Titles Administrator under this Chapter.
Penalty: 50 penalty units.
Note: The same conduct may be an offence against both this section and section 137.2 of the Criminal Code.
564 Inspection of Register and instruments
Inspection of Register
(1) The Titles Administrator must ensure that the Register is open for inspection, at all convenient times, by any person on payment of a fee calculated under the regulations.
Instruments
(2) The Titles Administrator must ensure that all instruments, or copies of instruments, subject to inspection under this Chapter are open for inspection, at all convenient times, by any person on payment of a fee calculated under the regulations.
Register
(1) The Register is to be received in all courts and proceedings as prima facie evidence of all matters required or authorised by this Chapter or Chapter 5A to be entered in the Register.
Certified copies and extracts
(2) The Titles Administrator may, on payment of a fee calculated under the regulations, supply:
(a) a copy of or extract from the Register; or
(b) a copy of or extract from any instrument lodged with the Titles Administrator under this Chapter;
certified by the Titles Administrator to be a true copy or true extract, as the case may be.
(3) The certified copy or extract is admissible in evidence in all courts and proceedings without further proof or production of the original.
Evidentiary certificate
(4) The Titles Administrator may, on payment of a fee calculated under the regulations, issue a written certificate:
(a) stating that an entry, matter or thing required or permitted by or under this Chapter to be made or done:
(i) has been made or done; or
(ii) has not been made or done; or
(b) stating that an entry, matter or thing required by or under this Chapter not to be made or done:
(i) has not been made or done; or
(ii) has been made or done.
(5) The certificate is to be received in all courts and proceedings as prima facie evidence of the statements in the certificate.
Criminal proceedings—copy of certificate to be given to defendant 14 days before certificate admitted in evidence
(6) A certificate must not be admitted in evidence under subsection (5) in proceedings for an offence unless:
(a) the person charged with the offence; or
(b) a barrister or solicitor who has appeared for the person in those proceedings;
has, at least 14 days before the certificate is sought to be so admitted, been given a copy of the certificate together with notice of the intention to produce the certificate as evidence in the proceedings.
Person signing the certificate may be called to give evidence
(7) If, under subsection (5), a certificate is admitted in evidence in proceedings for an offence, the person charged with the offence may require the person who signed the certificate to be:
(a) called as a witness for the prosecution; and
(b) cross‑examined as if the person who signed the certificate had given evidence of the matters stated in the certificate.
(8) However, subsection (7) does not entitle the person charged to require the person who signed the certificate to be called as a witness for the prosecution unless:
(a) the prosecutor has been given at least 4 days notice of the person’s intention to require the person who signed the certificate to be so called; or
(b) the court, by order, allows the person charged to require the person who signed the certificate to be so called.
Evidence in support, or in rebuttal, of matters in certificate to be considered on its merits
(9) Any evidence given in support, or in rebuttal, of a matter stated in a certificate issued under subsection (4) must be considered on its merits, and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.
(1) An eligible application must be accompanied by the fee (if any) prescribed by the regulations.
Note: For eligible application, see subsection (4).
(2) Different fees may be prescribed for different eligible applications.
(3) A fee must not be such as to amount to taxation.
(3A) An eligible application is taken to be accompanied by a fee if the fee is received before the end of the 10‑day period that began on the day after the application was made.
(4) For the purposes of this section, each of the following is an eligible application:
(a) an application for the approval of the transfer of a title;
(b) an application for the approval of a dealing (other than an application covered by section 551);
(c) a provisional application for the approval of a dealing.