{"id":"sr:greenhouse-gas-geological-sequestration-exemption-regulations-2018","name":"Greenhouse Gas Geological Sequestration (Exemption) Regulations 2018","slug":"greenhouse-gas-geological-sequestration-exemption-regulations-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181338,"registerId":"vic-sr:greenhouse-gas-geological-sequestration-exemption-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Greenhouse Gas Geological Sequestration (Exemption) Regulations 2018","content":"Version No. 001\n\n**Greenhouse Gas Geological Sequestration (Exemption) Regulations 2018**\n\n**S.R. No. 41/2018**\n\nVersion as at  \n31 March 2018\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 2\n\n6 Exemption from provisions of Greenhouse Gas Geological Sequestration Act 2008 3\n\n═════════════\n\nEndnotes 4\n\n1 General information 4\n\n2 Table of Amendments 6\n\n3 Amendments Not in Operation 7\n\n4 Explanatory details 8\n\n**Version No.** **001**\n\n**Greenhouse Gas Geological Sequestration (Exemption) Regulations 2018**\n\n**S.R. No. 41/2018**\n\nVersion as at  \n31 March 2018\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to revoke the Greenhouse Gas Geological Sequestration (Exemption) Regulations 2009; and\n\n(b) to exempt the Otway National Research Facility, related activities and persons carrying out related activities from certain provisions of the **Greenhouse Gas Geological Sequestration Act 2008**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 303 of the **Greenhouse Gas Geological Sequestration Act 2008**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 31 March 2018.\n\n\t4 Revocation\n\nThe Greenhouse Gas Geological Sequestration (Exemption) Regulations 2009[[1]](#endnote-1) are **revoked**.\n\n\t5 Definitions\n\nIn these Regulations—\n\n***greenhouse gas sequestration activities*** means—\n\n(a) activities which constitute greenhouse gas sequestration formation exploration; or\n\n(b) greenhouse gas substance injection and monitoring; or\n\n(c) any greenhouse gas geological sequestration research or demonstration activities including exploration, modelling, extraction, processing, separation, capture, transport, injection, monitoring, verification or educational activities;\n\n***Otway facility area*** means—\n\n(a) the area of land to which petroleum production licence 11 granted under the **Petroleum Act 1998** and dated 14 May 2002 and petroleum production licence 13 granted under the **Petroleum Act 1998** and dated 7 February 2006 apply; and\n\n(b) a 5 kilometre radius from the outer boundaries of the area of land referred to in paragraph (a);\n\n***resources law*** means—\n\n(a) the **Environment Protection Act 1970**; or\n\n(b) the **Petroleum Act 1998**; or\n\n(c) the **Water Act 1989**.\n\n\t6 Exemption from provisions of Greenhouse Gas Geological Sequestration Act 2008\n\n(1) Subject to subregulation (2), the following persons or things are exempt from all the provisions (except sections 14, 15 and 303) of the **Greenhouse Gas Geological Sequestration Act 2008**—\n\n(a) the Otway National Research Facility;\n\n(b) greenhouse gas sequestration  activities in respect of the Otway National Research Facility;\n\n(c) any person carrying out greenhouse gas sequestration  activities in relation to the Otway National Research Facility when carried out in the Otway facility area.\n\n(2) An exemption under subregulation (1)(b) or (c) only applies if the greenhouse gas sequestration activity is authorised by an approval or other authority under a resources law.\n\n ═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Greenhouse Gas Geological Sequestration (Exemption) Regulations 2018, S.R. No. 41/2018 were made on 27 March 2018 by the Governor in Council under section 303 of the **Greenhouse Gas Geological Sequestration Act 2008**, No. 61/2008 and came into operation on 31 March 2018: regulation 3.\n\nThe Greenhouse Gas Geological Sequestration (Exemption) Regulations 2018 will sunset 10 years after the day of making on  \n27 March 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Greenhouse Gas Geological Sequestration (Exemption) Regulations 2018 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Reg. 4: S.R. No. 150/2009.\n\n  ——\n\n  **Table of Applied, Adopted or Incorporated Matter**\n\n  Note that the following table of applied, adopted or incorporated matter was included in S.R. No. 41/2018 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n    | **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n    | --- | --- | --- |\n    | Regulation 5, paragraph (a) of the definition of ***Otway facility area*** | Petroleum production licence 11 granted under the **Petroleum Act 1998** and dated 14 May 2002<br>Petroleum production licence 13 granted under the **Petroleum Act 1998** and dated 7 February 2006 | The whole     <br>The whole |\n\n   [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, the regulation appears to serve its stated purpose as an exemptions instrument under the parent Act. There is insufficient substantive content in the provided document to identify any scope creep or change from original intent. The regulation appears straightforwardly administrative and limited in focus."},"complexity_factors":["The regulation operates as subordinate legislation under a technical and specialised parent Act (Greenhouse Gas Geological Sequestration Act 2008), requiring knowledge of that Act to fully understand the exemptions","Carbon capture and storage technology is a niche and technical subject area unfamiliar to most people","The document as provided contains almost no substantive content — only metadata and version history — making it impossible to assess the actual complexity of the exemptions themselves","Exemption regulations can create interpretive complexity when determining whether a particular activity falls within or outside the exemption","Intersects with broader environmental, planning, and resources law frameworks"],"plain_english_summary":"This regulation creates targeted exemptions to Victoria’s Greenhouse Gas Geological Sequestration Act 2008, letting certain carbon capture and storage activities proceed without the usual licences or permits. It primarily affects CCS operators and businesses undertaking lower‑risk sequestration work, aiming to cut regulatory hurdles and costs and thereby support deployment. The supplied document is mostly administrative, so specific exempted activities aren’t clear from the text provided."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose. It replaces the 2009 regulations with substantively identical provisions, continuing the same limited exemption for the same specific research facility. No expansion of scope has occurred."},"complexity_factors":["Only 6 substantive regulations total","Just 3 defined terms in the interpretation section","Single conditional exemption with straightforward geographic and activity-based scope","Minimal cross-referencing – only refers to specific sections of the parent Act (14, 15, 303) and three other Acts for the 'resources law' definition","No nested exceptions or complex conditional logic – only one simple qualifier in subregulation (2)","Legislative sunset clause mentioned in endnotes but not in operative provisions"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations create a **carve-out** (special exception) for a specific carbon capture and storage research project in Victoria called the **Otway National Research Facility**. Normally, the *Greenhouse Gas Geological Sequestration Act 2008* imposes strict rules on anyone wanting to inject greenhouse gases underground. These regulations say that the Otway facility and people working there **don't have to follow most of those rules**.\n\n**Who it affects:**\n\n*   **The Otway National Research Facility** – a test site for storing carbon dioxide underground\n*   **Researchers and operators** conducting greenhouse gas sequestration activities (exploration, injection, monitoring, etc.) at the facility\n*   **The defined area** – covering two existing petroleum production licences plus a 5km buffer zone around them\n\n**The catch:**\n\nThe exemption only works if the activity is already approved under one of three other laws: the *Environment Protection Act 1970*, *Petroleum Act 1998*, or *Water Act 1989*. So they're not escaping regulation entirely – just swapping one set of rules for another.\n\n**Why it matters:**\n\nThis allows carbon capture research to proceed without duplicative red tape, but it raises questions about whether a single research facility should get special treatment that doesn't apply to commercial operations. The regulations also **revoke and replace** earlier 2009 regulations that did the same thing, essentially refreshing the exemption for another 10 years."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These Regulations revoke the Greenhouse Gas Geological Sequestration (Exemption) Regulations 2009 and replace them with a targeted exemption limited to the Otway National Research Facility and defined activities/persons in the Otway facility area. They shift regulatory effect from the Sequestration Act to authorisations under specified 'resources laws', narrow the Act’s direct coverage to activities lacking those resource permits, and are time‑limited by a 10‑year sunset (27 March 2028)."},"complexity_factors":["Cross-references to multiple other statutes (Greenhouse Gas Geological Sequestration Act 2008; Environment Protection Act 1970; Petroleum Act 1998; Water Act 1989) increase legal interdependence.","Geographical definition of scope depends on external instruments (two petroleum production licences) plus a 5 km radius, requiring map/tenure checking to apply.","Conditional exemption: exemption applies only if the activity is authorised under a resources law, creating dependency on permits and administrative decisions under those Acts.","Specific exclusions from the exemption (it does not apply to certain sections of the Sequestration Act) add a small, precise carve‑out.","Revocation of earlier (2009) regulations means one must compare historic and current instruments to track changes in regulatory coverage.","Statutory sunset (10 years) noted in endnotes imposes a temporal limit requiring future legislative review or renewal."],"plain_english_summary":"Mechanically, these Regulations (commencing 31 March 2018) revoke the 2009 exemption regulations and exempt the Otway National Research Facility — and greenhouse gas sequestration activities and persons there within the defined Otway facility area — from most requirements of the Greenhouse Gas Geological Sequestration Act 2008. The exemption applies only where activities are authorised under a 'resources law' (the Environment Protection Act 1970, Petroleum Act 1998 or Water Act 1989). This shifts who grants permission and places compliance burdens primarily on resource-law permits rather than the Sequestration Act."}},"importantCases":[],"_links":{"self":"/api/acts/greenhouse-gas-geological-sequestration-exemption-regulations-2018","history":"/api/acts/greenhouse-gas-geological-sequestration-exemption-regulations-2018/history","analysis":"/api/acts/greenhouse-gas-geological-sequestration-exemption-regulations-2018/analysis","conflicts":"/api/acts/greenhouse-gas-geological-sequestration-exemption-regulations-2018/conflicts","importantCases":"/api/acts/greenhouse-gas-geological-sequestration-exemption-regulations-2018/important-cases","documents":"/api/acts/greenhouse-gas-geological-sequestration-exemption-regulations-2018/documents"}}