{"id":"sr:greenhouse-gas-geological-sequestration-regulations-2019","name":"Greenhouse Gas Geological Sequestration Regulations 2019","slug":"greenhouse-gas-geological-sequestration-regulations-2019","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181708,"registerId":"vic-sr:greenhouse-gas-geological-sequestration-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Greenhouse Gas Geological Sequestration Regulations 2019","content":"Version No. 001\n\n**Greenhouse Gas Geological Sequestration Regulations 2019**\n\n**S.R. No. 119/2019**\n\nVersion as at  \n30 November 2019\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 1\n\n5 Definition 2\n\nPart 2—Authorities 3\n\n6 Injection testing plan—monitoring and verification plan 3\n\n7 Injection testing plan—risk management plan 5\n\n8 Maximum time period for commencement of injection 5\n\n9 Injection and monitoring plan—monitoring and verification plan 5\n\n10 Injection and monitoring plan—risk management plan 7\n\n11 Special access authorisation 8\n\n12 Form of work program 8\n\n13 Reporting of serious situations 8\n\n14 Other matters to be included in the operation plan 10\n\n15 Discovery of underground geological storage formation 11\n\n16 Information, samples and records 11\n\nPart 3—Environment management plan 13\n\n17 Operation plan must include an environment management plan 13\n\n18 Description of the environment 13\n\n19 Description of environmental effects and risks 13\n\n20 Environmental performance objectives and standards 14\n\n21 Implementation strategy for the environment management plan 14\n\n22 Other information in the environment management plan 16\n\nPart 4—Specified information to be submitted to Minister 17\n\n23 Holder to provide information about wells made under certain authorities 17\n\n24 Holder of authority to provide information about seismic and other surveys 18\n\n25 Annual report 18\n\nPart 5—Royalties and rent 21\n\n26 Time and manner of payment of royalties 21\n\n27 Rent for occupancy of Crown land 21\n\nPart 6—Pecuniary interest statements 22\n\n28 Definitions 22\n\n29 Duty of disclosure of pecuniary interests 22\n\n30 Disclosure of interest register 23\n\n31 Inspection of register 23\n\nPart 7—Fees 24\n\n32 Application fees 24\n\n33 Late fee for renewal of exploration permit 24\n\n34 Fee for renewal of exploration permit 24\n\n35 Fee for renewal of retention lease 24\n\n36 Late fee for retention lease 24\n\n37 Annual fees for exploration permit, retention lease or injection and monitoring licence 24\n\n38 Fees for transfer of an exploration permit, retention lease or injection and monitoring licence 25\n\n39 Fees for inspection of, or copy of document in, greenhouse gas sequestration register 25\n\n40 Fee for Minister's certificate 26\n\nPart 8—General 27\n\n41 Compensation agreement—application to VCAT 27\n\n42 Period before a disputed claim can go to VCAT or Supreme Court 27\n\n43 Minister may require information from petroleum operators 27\n\n═════════════\n\nEndnotes 29\n\n1 General information 29\n\n2 Table of Amendments 31\n\n3 Amendments Not in Operation 32\n\n4 Explanatory details 33\n\n**Version No.** **001**\n\n**Greenhouse Gas Geological Sequestration Regulations 2019**\n\n**S.R. No. 119/2019**\n\nVersion as at  \n30 November 2019\n\nPart 1—Preliminary\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to provide for the elimination or minimisation of the environmental, health and safety hazards and risks associated with greenhouse gas sequestration operations; and\n\n(b) to prescribe various administrative matters, fees and other requirements authorised by 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 30 November 2019.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) Greenhouse Gas Geological Sequestration Regulations 2009[[1]](#endnote-1);\n\n(b) Greenhouse Gas Geological Sequestration Amendment Regulations 2015[[2]](#endnote-2).\n\n\t5 Definition\n\nIn these Regulations—\n\n***the Act***  means the **Greenhouse Gas Geological Sequestration Act 2008**.\n\nPart 2—Authorities\n\n\t6 Injection testing plan—monitoring and verification plan\n\n(1) For the purposes of section 38(d) of the Act, the monitoring and verification plan included in an injection testing plan prepared by the holder of an exploration permit must include—\n\n(a) details of—\n\n(i) the characteristics of the geological formation into which a liquid or gas is proposed to be injected; and\n\n(ii) any geological or other conditions that may influence containment of an injected liquid or gas; and\n\n(b) a description of—\n\n(i) the existing environment above, on and below the surface of the ground; and\n\n(ii) any resource above, on or below the surface of the ground that a person is entitled to extract or use under a resource authority; and\n\n(c) details of the equipment proposed to be used to monitor the behaviour of any injected liquid or gas and where the equipment is to be located; and\n\n(d) details of—\n\n(i) the monitoring techniques, whether above, on or below the surface of the ground, that the holder of the exploration permit proposes to use to monitor the behaviour of any injected liquid or gas and its effect on the environment; and\n\n(ii) the length of time that each technique is to be used; and\n\n(iii) how often each technique is to be carried out; and\n\n(e) details of the methods to be used for differentiating injected liquids or gases from naturally occurring liquids or gases; and\n\n(f) details of—\n\n(i) how the actual behaviour of injected liquids or gases is to be verified against the expected behaviour of injected liquids or gases; and\n\n(ii) how often the actual behaviour of injected liquids or gases is to be verified against the expected behaviour of injected liquids or gases; and\n\n(g) details of—\n\n(i) how the effect of injected liquids or gases on naturally occurring liquids or gases is to be verified against the effect (if any) that the holder of the exploration permit expected; and\n\n(ii) how often the effect of injected liquids or gases on naturally occurring liquids or gases is to be verified against the effect (if any) that the holder of the exploration permit expected.\n\n(2) For the purposes of section 55(2)(a) of the Act, a monitoring and verification plan must specify that a report under section 55(1) of the Act on the outcome of all monitoring and verification activities carried out under the licence must be provided every month.\n\n\t7 Injection testing plan—risk management plan\n\nFor the purposes of section 38(e) of the Act, the risk management plan included in an injection testing plan prepared by the holder of an exploration permit must include—\n\n(a) details of potential risks and damage to, and impacts on, public health and the environment that may result from injection testing  operations, whether or not in emergency conditions; and\n\n(b) performance objectives and standards against which performance by the holder of the exploration permit in avoiding those risks, damages and impacts is to be measured; and\n\n(c) a strategy for the management of those risks, damages and impacts.\n\n\t8 Maximum time period for commencement of injection\n\nFor the purposes of sections 73(2) and 75(2) of the Act, the maximum time period is 5 years beginning on the date on which the application for the injection and monitoring licence is made.\n\n\t9 Injection and monitoring plan—monitoring and verification plan\n\n(1) For the purposes of section 94(j) of the Act, a monitoring and verification plan included in an injection and monitoring plan prepared by the holder of an injection and monitoring licence must include—\n\n(a) details of—\n\n(i) the characteristics of the geological formation into which a greenhouse gas substance is proposed to be injected; and\n\n(ii) any geological or other conditions that may influence containment of an injected greenhouse gas substance; and\n\n(b) a description of—\n\n(i) the existing environment above, on and below the surface of the ground; and\n\n(ii) any resource above, on and below the surface of the ground that a person is entitled to extract or use under a resource authority; and\n\n(c) details of the equipment proposed to be used  to monitor the behaviour of injected greenhouse gas substances and where the equipment is to be located; and\n\n(d) details of—\n\n(i) the monitoring techniques, whether above, on or below the surface of the ground, that the holder of the injection and monitoring licence proposes to use to monitor the behaviour of any injected greenhouse gas substance and its effect on the environment; and\n\n(ii) the length of time that each technique is to be used; and\n\n(iii) how often each monitoring technique is to be carried out; and\n\n(e) details of the methods to be used for—\n\n(i) differentiating injected greenhouse gas substances from naturally occurring greenhouse gas substances; and\n\n(ii) differentiating between 2 or more kinds of injected greenhouse gas substances; and\n\n(f) details of—\n\n(i) how the actual behaviour of injected greenhouse gas substances is to be verified against the expected behaviour of injected greenhouse gas substances; and\n\n(ii) how often the actual behaviour of injected greenhouse gas substances is to be verified against the expected behaviour of injected greenhouse gas substances; and\n\n(g) details of—\n\n(i) how the effect of injected greenhouse gas substances on naturally occurring liquids or gases is to be verified against the effect (if any) that the holder of the injection and monitoring licence expected; and\n\n(ii) how often the effect of injected greenhouse gas substances on naturally occurring liquids or gases is to be verified against the effect (if any) that the holder of the injection and monitoring licence expected.\n\n(2) For the purposes of section 111(2)(a) of the Act, a monitoring and verification plan must specify that a report under section 111(1) of the Act on the outcome of all monitoring and verification activities carried out under the licence must be provided every month.\n\n\t10 Injection and monitoring plan—risk management plan\n\nFor the purposes of section 94(k) of the Act, a risk management plan included in an injection and monitoring plan prepared by the holder of an injection and monitoring licence must include—\n\n(a) details of potential risks and damage to, and impacts on, public health and the environment that may result from injection activities, whether or not in emergency conditions; and\n\n(b) performance objectives and standards against which performance by the holder of the injection and monitoring licence in avoiding those risks, damages and impacts is to be measured; and\n\n(c) a strategy for the management of those risks, damages and impacts.\n\n\t11 Special access authorisation\n\nFor the purposes of section 131 of the Act, a special access authorisation continues in force for 12 months after the date on which it is granted.\n\n\t12 Form of work program\n\nFor the purposes of section 148(d) of the Act, a work program must be in—\n\n(a) electronic form; or\n\n(b) a form approved by the Minister.\n\n\t13 Reporting of serious situations\n\n(1) For the purposes of section 181 of the Act, the period within which a serious situation must be reported by the holder of the authority is—\n\n(a) in the case of a serious situation that has occurred—\n\n(i) by a preliminary report, 2 hours after the authority holder or any person associated with the greenhouse gas sequestration operation carried out under the authority first becomes aware of the occurrence; and\n\n(ii) by a further report, 3 days after the authority holder or any person associated with the greenhouse gas sequestration operation first becomes aware of the occurrence; or\n\n(b) in the case of a serious situation that may occur—\n\n(i) by a preliminary report, 2 hours after the authority holder or any person associated with the greenhouse gas sequestration operation first becomes aware that the serious situation may occur; and\n\n(ii) by a further report, 3 days after the authority holder or any person associated with the greenhouse gas sequestration operation first becomes aware that the serious situation may occur.\n\n(2) A preliminary report under subregulation (1) must be given by telephone to the Department and must include—\n\n(a) the name of the informant; and\n\n(b) the telephone number of the informant; and\n\n(c) the name of the holder of the authority; and\n\n(d) the location of the serious situation; and\n\n(e) sufficient details to identify the serious situation.\n\n(3) A further report under subregulation (1) must be given in writing to the Department and must include—\n\n(a) the name, address, telephone number and email address of the authority holder; and\n\n(b) details of the serious situation and where it has occurred or may occur; and\n\n(c) as the case requires, details of—\n\n(i) the leak or anticipated leak; or\n\n(ii) the unpredicted behaviour or anticipated unpredicted behaviour; or\n\n(iii) the significant impact or anticipated significant impact; or\n\n(iv) the unsuitable, or anticipated unsuitable, underground geological storage formation; and\n\n(d) details of any harm or damage that has been or may be suffered by any person or the environment; and\n\n(e) details of action taken, or to be taken, to control or minimise harm or damage; and\n\n(f) any other information relevant to the serious situation that has occurred, or may occur, that is requested by the Minister.\n\n\t14 Other matters to be included in the operation plan\n\nFor the purposes of section 209(d) of the Act, an operation plan given to the Minister by the holder of an authority must provide for—\n\n(a) a review by the holder of the risks identified in the plan whenever there is a significant change in the risks that the operation may pose; and\n\n(b) a review of the plan by the holder at least once every 5 years; and\n\n(c) submission to the Minister of a report by the holder on the findings of each review; and\n\n(d) if the operation involves drilling and operating a well, an assessment of all safety and environmental risks associated with drilling and operating a well and a description of how those risks will be managed.\n\n\t15 Discovery of underground geological storage formation\n\n(1) For the purposes of section 230(1)(a) of the Act, the information that is required to be given to the Minister regarding an underground geological storage formation discovered in an authority area is—\n\n(a) the location of the formation and its extent; and\n\n(b) the geoscientific properties of the formation and the surrounding area; and\n\n(c) particulars of properties of fluids found in the formation and the surrounding area; and\n\n(d) particulars of pressures in the formation and the surrounding area; and\n\n(e) an analysis of the suitability of the formation for the storage of greenhouse gas substances; and\n\n(f) any other information requested by the Minister in the direction given under section 230(1) of the Act.\n\n(2) The information required under subregulation (1) must be given in writing.\n\n\t16 Information, samples and records\n\n(1) For the purposes of section 231(a) of the Act, the information required to be collected for the purpose of monitoring compliance with the Act is—\n\n(a) geoscientific data; and\n\n(b) engineering and safety data; and\n\n(c) injection data; and\n\n(d) monitoring data.\n\n(2) For the purposes of section 231(a) of the Act, the samples required to be collected for the purpose of monitoring compliance with the Act are—\n\n(a) rock cores; and\n\n(b) cuttings; and\n\n(c) side wall cores; and\n\n(d) drilling muds; and\n\n(e) fluids; and\n\n(f) gases; and\n\n(g) other related substances.\n\n(3) For the purposes of section 231(b) of the Act—\n\n(a) the information referred to in subregulation (1) must be kept in a readily accessible electronic format in accordance with accepted industry practices; and\n\n(b) the samples referred to in subregulation (2) must be kept in accordance with accepted industry practices.\n\n(4) For the purposes of section 231(c) of the Act, the holder of an authority must give to the Minister information, samples and records in accordance with any request made by the Minister.\n\nPart 3—Environment management plan\n\n\t17 Operation plan must include an environment management plan\n\n(1) Subject to subregulation (2), for the purposes of section 209(d) of the Act, an operation plan given to the Minister by the holder of an authority must include an environment management plan in accordance with this Part.\n\n(2) An environment management plan under this Part is not required to include matters that are included in the injection testing plan or the injection and monitoring plan that form part of the operation plan in which the environment management plan is included.\n\n\t18 Description of the environment\n\nAn environment management plan must—\n\n(a) describe the existing environment that may be affected by the greenhouse gas sequestration operation, including but not limited to any relevant cultural, historical, aesthetic, social, recreational, ecological, biological, landscape and economic aspects of the existing environment that may be affected; and\n\n(b) identify the relevant values and sensitivities (if any) of the existing environment.\n\n\t19 Description of environmental effects and risks\n\nAn environment management plan must identify and evaluate the environmental effects and risks that may arise directly or indirectly from—\n\n(a) activities under the greenhouse gas sequestration operation (including construction if applicable); and\n\n(b) any conditions that may result from activities under the greenhouse gas sequestration operation, including but not limited to conditions resulting from accidents or emergencies.\n\n\t20 Environmental performance objectives and standards\n\nAn environment management plan must—\n\n(a) define environmental performance objectives and set environmental performance standards for measuring the protection of the environment by the holder of the authority when carrying out the greenhouse gas sequestration operation; and\n\n(b) include measurement methods for determining whether those objectives and standards have been met.\n\n\t21 Implementation strategy for the environment management plan\n\nAn environment management plan must contain an implementation strategy that—\n\n(a) includes measures to ensure that the environmental performance objectives and standards in the environment management plan are met; and\n\n(b) identifies the specific systems, practices and procedures to be used to ensure that—\n\n(i) any potential adverse environmental effects of, and any risks to the environment arising from, the greenhouse gas sequestration operation are eliminated or continuously minimised so far as is reasonably practicable; and\n\n(ii) the environmental performance objectives and standards in the environment management plan are met; and\n\n(c) sets out the roles and responsibilities of personnel in relation to the implementation, management and review of the environment management plan; and\n\n(d) includes measures to ensure that each employee or contractor working on or in connection with the greenhouse gas sequestration operation—\n\n(i) is aware of the employee's or contractor's responsibilities in relation to the environment; and\n\n(ii) has the appropriate skills and training to be able to fulfil those responsibilities; and\n\n(e) provides for the monitoring, audit and review of the environmental performance and implementation strategy of the holder of the authority; and\n\n(f) provides for the maintenance of a quantitative record of emissions and discharges to the air, land surface or below that land surface environment—\n\n(i) other than those relating to liquids, gases or greenhouse gas substances injected under an authority; and\n\n(ii) that is accurate and can be monitored and audited against the environmental performance objectives and standards in the environment management plan.\n\n\t22 Other information in the environment management plan\n\nAn environment management plan must contain the following—\n\n(a) a statement of the corporate environmental policy of the holder of the authority;\n\n(b) a report on any consultations between the holder and relevant authorities, interested people and organisations in the course of developing the environment management plan;\n\n(c) a list of all Commonwealth and State legislation that relates to environmental management of the greenhouse gas sequestration operation.\n\nPart 4—Specified information to be submitted to Minister\n\n\t23 Holder to provide information about wells made under certain authorities\n\n(1) If the holder of  an exploration permit or an injection and monitoring licence makes a well, the holder must submit the following information to the Minister—\n\n(a) a description of the location and purpose of the well and the proposed down hole activity;\n\n(b) the period during which the holder expects that the well will be used;\n\n(c) a description of—\n\n(i) the characteristics of the geological formation where the well is situated; and\n\n(ii) the existing environment and conditions, and any resource (whether above, on or below the surface of the ground) that the holder is entitled to extract or use under a resource authority.\n\n(2) The information required under subregulation (1) must be provided to the Minister within—\n\n(a) 3 months after the well is made; or\n\n(b) the period approved by the Minister.\n\n(3) If a well made by the holder of an exploration permit or an injection and monitoring licence ceases to be required or used, the holder must—\n\n(a) decommission the well; and\n\n(b) provide a report to the Minister on the measures taken for the decommissioning of the well.\n\n\t24 Holder of authority to provide information about seismic and other surveys\n\n(1) If the holder of an exploration permit, retention lease or injection and monitoring licence conducts a seismic or any other survey in the course of carrying out a greenhouse gas sequestration operation under the permit, lease or licence, the holder must submit to the Minister the following information—\n\n(a) the location and purpose of the survey;\n\n(b) the date and duration of the survey;\n\n(c) details of the geoscientific and other data generated by the survey.\n\n(2) The information required under subregulation (1) must be provided to the Minister—\n\n(a) within 3 months after the survey has been conducted; or\n\n(b) within the period approved by the Minister.\n\n\t25 Annual report\n\n(1) The holder of an authority must, in accordance with subregulations (2) and (3), submit to the Minister a report of the greenhouse gas sequestration operations under the authority for each period of 12 months after the date on which the authority was granted.\n\nPenalty: 10 penalty units.\n\n(2) A report under subregulation (1) must—\n\n(a) be provided within 3 months after the end of the 12-month period to which the report relates, or within any extended period under subregulation (4); and\n\n(b) be provided in electronic form; and\n\n(c) contain the following information—\n\n(i) an overview of the operations and a complete record of all geoscientific and other data  obtained from the operations;\n\n(ii) details of all technical investigations and surveys carried out in that period;\n\n(iii) a complete record of all drill holes, including logs and maps showing the locations of the holes both at surface and subsurface level;\n\n(iv) the names of all greenhouses gases or other liquids or gases injected during the period;\n\n(v) details of any material tested and test results;\n\n(vi) any interpretations formed as a result of surveys or activities undertaken;\n\n(vii) details of how the maps and sections provided in the report relate to the Map Grid of Australia 2020 (MGA 2020) within the meaning of the Survey Co‑ordination Regulations 2014[[3]](#endnote-3); and\n\n(d) contain a statement of expenditure during the period on operations carried out and specifying any expenditure on—\n\n(i) drilling operations; and\n\n(ii) seismic operations; and\n\n(iii) technical evaluation and analysis; and\n\n(iv) geological studies; and\n\n(v) surveys; and\n\n(vi) construction or modification of facilities; and\n\n(vii) administration; and\n\n(viii) any other expenses incurred in respect of the operation.\n\n(3) A report under subregulation (1) must be dated and signed by the holder of the authority and each other person who prepared any part of the report.\n\n(4) The Minister may, on a request from the holder or former holder of an authority, extend the period within which a report under this regulation must be submitted.\n\nPart 5—Royalties and rent\n\n\t26 Time and manner of payment of royalties\n\nFor the purposes of section 226(2) of the Act, the manner and time of payment of any royalty is as determined by the Minister by notice published in the Government Gazette.\n\n\t27 Rent for occupancy of Crown land\n\nFor the purposes of section 227(3) of the Act, the amount of rent payable is the current market value for occupying the land, having regard to the use of the land permitted by the authority, as determined by a valuer nominated by the valuer-general within the meaning of the **Valuation of Land Act 1960**.\n\nPart 6—Pecuniary interest statements\n\n\t28 Definitions\n\nIn this Part—\n\n***domestic partner*** of a person means a person with whom the person is in a domestic relationship within the meaning of section 35 of the **Relationships Act 2008**;\n\n***family***, in relation to an officer, means⎯\n\n(a) a spouse or a domestic partner of the officer; and\n\n(b) a relative of the officer who is under the age of 18 years and who normally resides with the officer;\n\n***interest register*** means the register of interests established under regulation 30;\n\n***officer*** means a natural person who is employed in the Department administering the Act;\n\n***reportable interest***, in relation to an officer, means a pecuniary interest of the officer, or of a member of the officer's family, that may appear to raise a conflict with the officer's responsibilities as an officer but does not include any remuneration or allowance received by an officer under the Act or the **Public Administration Act 2004**.\n\n\t29 Duty of disclosure of pecuniary interests\n\n(1) For the purposes of section 293 of the Act, an officer must give a pecuniary interest statement of all reportable interests to the Minister within 30 days after becoming an officer.\n\n(2) For the purposes of section 293 of the Act, an officer must give a pecuniary interest statement of any change in a reportable interest or any new reportable interest to the Minister within 30 days after becoming aware of the change or new interest.\n\n(3) An officer must not perform or exercise any function or power under the Act in relation to a matter to which a reportable interest relates unless the Minister authorises the officer to do so.\n\nPenalty: 10 penalty units.\n\n\t30 Disclosure of interest register\n\nThe Minister must cause an interest register to be established and maintained containing the information included in pecuniary interest statements given to the Minister under regulation 29.\n\n\t31 Inspection of register\n\nThe interest register must be—\n\n(a) kept at a place nominated by the Minister; and\n\n(b) open to inspection by any person at any time that the place is open for business.\n\nPart 7—Fees\n\n\t32 Application fees\n\n(1) An application for an exploration permit must be accompanied by a fee of 400 fee units.\n\n(2) An application for a retention lease must be accompanied by a fee of 400 fee units.\n\n(3) An application for an injection and monitoring licence must be accompanied by a fee of 1000 fee units.\n\n(4) An application for a special access authorisation must be accompanied by a fee of 40 fee units.\n\n\t33 Late fee for renewal of exploration permit\n\nFor the purposes of section 32(3) of the Act, the late fee is 10 fee units for each week or part of a week after the due date for payment of the fee.\n\n\t34 Fee for renewal of exploration permit\n\nFor the purposes of section 33(1)(b) of the Act, an application for the renewal of an exploration permit must be accompanied by a fee of 200 fee units.\n\n\t35 Fee for renewal of retention lease\n\nAn application for the renewal of a retention lease must be accompanied by a fee of 200 fee units.\n\n\t36 Late fee for retention lease\n\nFor the purposes of section 60(3) of the Act, the late fee is 10 fee units for each week or part of a week after the due date for payment of the fee.\n\n\t37 Annual fees for exploration permit, retention lease or injection and monitoring licence\n\n(1) The following annual fees are payable—\n\n(a) for an exploration permit, 550 fee units;\n\n(b) for a retention lease, 550 fee units;\n\n(c) for an injection and monitoring licence, 550 fee units.\n\n(2) The annual fee payable in respect of the first year after the grant of an authority must be paid no later than 7 days after the authority is granted.\n\n(3) The annual fee payable in respect of the second or any subsequent year after the grant of an authority must be paid before the anniversary of the grant of the authority.\n\n\t38 Fees for transfer of an exploration permit, retention lease or injection and monitoring licence\n\nThe following fees are payable—\n\n(a) for a transfer, or part transfer, of an exploration permit, 400 fee units;\n\n(b) for a transfer of a retention lease, 400 fee units;\n\n(c) for a transfer, or part transfer, of an injection and monitoring licence, 400 fee units.\n\n\t39 Fees for inspection of, or copy of document in, greenhouse gas sequestration register\n\nFor the purposes of section 286 of the Act, the following fees are payable—\n\n(a) for inspection of the greenhouse gas sequestration register at the place at which the register is kept, 2 fee units;\n\n(b) for inspection and searching of the greenhouse gas sequestration register website, nil;\n\n(c) for a copy of a document or an entry in the greenhouse gas sequestration register, $4 per page;\n\n(d) for information downloaded from the greenhouse gas sequestration register website, nil.\n\n\t40 Fee for Minister's certificate\n\nFor the purposes of section 287(2) of the Act, the fee payable for a certificate is 5 fee units.\n\nPart 8—General\n\n\t41 Compensation agreement—application to VCAT\n\nFor the purposes of sections 48(2), 104(2) and 118(2) of the Act, the period of time after which a person may make an application to VCAT in respect of a claim is 30 days after the claim is first made.\n\n\t42 Period before a disputed claim can go to VCAT or Supreme Court\n\nFor the purposes of section 206(2) of the Act, the period of time after which a person may make an application to VCAT in respect of a claim or refer a claim to the Supreme Court is 30 days after the claim is first made.\n\n\t43 Minister may require information from petroleum operators\n\nFor the purposes of section 234(1) of the Act, the Minister may direct the holder of an authority issued under the **Petroleum Act 1998** to give the Minister information about the following—\n\n(a) the characteristics of the geological formation in the area to which the authority applies;\n\n(b) any petroleum operations being carried out by the authority holder or that are proposed to be carried out by the authority holder in those geological formations;\n\n(c) any infrastructure, whether above, on or below the surface of the ground, associated with those petroleum operations;\n\n(d) any impact that the holder believes any greenhouse gas sequestration operation may have on petroleum operations in that area.\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 Regulations 2019, S.R. No. 119/2019 were made on 26 November 2019 by the Governor in Council under section 303 of the **Greenhouse Gas Geological Sequestration Act 2008**, No. 61/2008 and came into operation on 30 November 2019: regulation 3.\n\nThe Greenhouse Gas Geological Sequestration Regulations 2019 will sunset 10 years after the day of making on 26 November 2029 (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 Regulations 2019 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(a): S.R. No. 149/2009 as amended by S.R. No. 96/2015. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 96/2015. [↑](#endnote-ref-2)\n\n3. Reg. 25(2)(c)(vii): S.R. No. 39/2014 as amended by S.R. Nos 44/2015 and 190/2018.\n\n  ——\n\n  **Fee Units**\n\n  These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**.\n\n  The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\n  The value of a fee unit for the financial year commencing 1 July 2019 is $14.81. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\n  The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2019 is $165.22.\n\n  The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-3)","sortOrder":0}],"analysis":{"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":6,"scope_assessment":{"changed":false,"description":"These Regulations implement and detail administrative, technical and procedural requirements authorised by the Greenhouse Gas Geological Sequestration Act 2008 (reg 1). They revoke earlier subordinate rules (reg 4) but do not expand the Act's substantive powers; instead they set how licence‑holders must comply (plans, reports, fees, records) and the Minister's procedural discretions (eg. time extensions and payment arrangements)."},"complexity_factors":["Detailed technical content requirements for monitoring and verification plans (reg 6(1); reg 9(1)) increases specialist compliance burden.","Monthly reporting mandate for monitoring outcomes (reg 6(2); reg 9(2)) creates frequent periodic obligations and administrative load.","Risk management plan content obligations with performance standards and management strategies (reg 7; reg 10) require demonstrable systems and audits.","Environment management plan content and implementation strategy requirements (regs 17–22) demand multidisciplinary assessments and ongoing training, monitoring and record‑keeping.","Data, sample and record-keeping standards (reg 16(1)–(3)) require industry-standard formats and secure storage, implicating IT and lab practices.","Multiple prescribed timeframes (e.g. well and survey reporting within 3 months—regs 23(2), 24(2); serious situation reporting—reg 13) increase schedule complexity.","Fees and penalties referenced to fee and penalty units (regs 32–40) require cross-referencing to Monetary Units Act 2004 and Sentencing Act 1991 for actual amounts.","Ministerial discretion retained for payment timing, extensions and valuation (regs 26, 27, 25(4)) creates administrative uncertainty for operators.","Pecuniary interest, register and inspection rules for officers (regs 28–31) add governance and transparency obligations on the department.","Interplay with other legislation and revoked prior regulations (reg 4; cross-references throughout) requires legal mapping to the Act and related statutes (e.g. Petroleum Act 1998, Valuation of Land Act 1960)."],"plain_english_summary":"This instrument prescribes technical, reporting, compliance and fee rules for companies holding exploration permits, retention leases or injection-and-monitoring licences under the Greenhouse Gas Geological Sequestration Act 2008. It requires detailed monitoring, risk-management and environment plans, monthly monitoring reports, data and sample retention, fees and time limits, and establishes disclosure and inspection rules for departmental officers. It matters because licence-holders pay fees and meet regular reporting and operational controls, while the Minister retains decision-making discretion over approvals, timing and some fee and valuation arrangements."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on available information, the regulations appear to remain within their original intended scope — providing the operational and technical rules to support the Greenhouse Gas Geological Sequestration Act 2008. There is no evidence of scope creep or significant departure from original intent, though the severely truncated source document limits confidence in this assessment."},"complexity_factors":["Highly technical subject matter involving geological and engineering concepts (underground formations, injection pressures, seismic monitoring) that require specialist knowledge to understand","Operates as subordinate legislation under a parent Act, meaning full understanding requires reading both documents together","Intersects with multiple regulatory regimes including environmental law, mining/resources law, and energy law","Involves long-term liability questions — underground storage is permanent, creating complex ongoing obligations","Licence and permit structures with multiple classes and conditions add procedural complexity","The source document provided was severely incomplete, making full analysis impossible and suggesting the actual regulation may contain many detailed technical provisions","Victoria-specific framework that may interact with Commonwealth climate and environmental laws (e.g., EPBC Act)"],"plain_english_summary":"The regulation implements the Greenhouse Gas Geological Sequestration Act by specifying the technical, administrative and safety rules for capturing and permanently storing CO2 and other greenhouse gases underground. It covers applications, fees, reporting, and operational standards to prevent leaks.\n\nIt affects energy and industrial operators, regulators, and nearby landowners/communities by enabling accountable Carbon Capture and Storage projects in Victoria."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the 2008 Act by setting technical standards for carbon capture and storage projects. The 2019 version consolidates and replaces the 2009 and 2015 regulations without expanding into new policy areas. The scope covers the expected regulatory mechanics — planning, monitoring, reporting, fees, and conflicts of interest — all directly tied to the statutory framework."},"complexity_factors":["Moderate length (43 regulations across 8 Parts) but highly structured and repetitive","Extensive cross-referencing to the parent Greenhouse Gas Geological Sequestration Act 2008 (cited 50+ times)","Nested requirements in monitoring plans (regulations 6 and 9) with multiple sub-subparagraphs (i), (ii), (iii) running 7 levels deep in some places","Dual calculation systems: fees use 'fee units' and penalties use 'penalty units', requiring external reference to Monetary Units Act 2004 and annual Gazette notices for actual dollar values","Conditional timing requirements with multiple triggers (e.g., regulation 13: different reporting timeframes for 'occurred' vs 'may occur' serious situations)","Overlap and duplication between injection testing plans (Part 2) and environment management plans (Part 3), with specific exclusion clause at regulation 17(2) to avoid double-handling"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the detailed rules for capturing carbon dioxide (CO₂) and other greenhouse gases, then pumping them deep underground into rock formations for long-term storage — a process called **geological sequestration** (basically burying gases to stop them reaching the atmosphere).\n\n**Who it affects:**\n\n* **Companies** holding permits to explore for suitable underground storage sites, test injection methods, or operate full-scale carbon storage projects in Victoria.\n* **Government officials** in the Department administering the scheme, who must manage registers and disclose conflicts of interest.\n* **Landowners and petroleum operators**, who may need to negotiate access or share geological data.\n\n**Key requirements:**\n\n* **Detailed planning:** Companies must submit comprehensive plans showing how they'll monitor injected gases, manage risks to public health and the environment, and verify that the gases stay where they're put.\n* **Strict reporting:** Serious incidents (like leaks or unexpected gas behaviour) must be reported by phone within **2 hours**, with written follow-up within **3 days**. Annual reports on all operations are mandatory.\n* **Environmental protection:** Every operation needs an environment management plan covering everything from cultural heritage to emissions tracking, with reviews every 5 years.\n* **Fees and royalties:** Various fees apply for permits, renewals and transfers (calculated in \"fee units\" — currently around $14.81 each). Royalties are set by the Minister.\n* **Conflict of interest rules:** Department staff must disclose financial interests and can't make decisions where they have personal stakes.\n* **Data sharing:** Companies must share geological data with the Minister and can be required to provide information to petroleum operators to avoid conflicts between carbon storage and oil/gas extraction.\n\n**Why it matters:**\n\nThese rules aim to make carbon capture and storage (CCS) safe and transparent. Without strict monitoring and verification, injected CO₂ could leak back into the atmosphere or contaminate groundwater. The regulations balance encouraging a potential climate change mitigation tool with protecting communities, existing industries (like petroleum), and the environment."}},"importantCases":[],"_links":{"self":"/api/acts/greenhouse-gas-geological-sequestration-regulations-2019","history":"/api/acts/greenhouse-gas-geological-sequestration-regulations-2019/history","analysis":"/api/acts/greenhouse-gas-geological-sequestration-regulations-2019/analysis","conflicts":"/api/acts/greenhouse-gas-geological-sequestration-regulations-2019/conflicts","importantCases":"/api/acts/greenhouse-gas-geological-sequestration-regulations-2019/important-cases","documents":"/api/acts/greenhouse-gas-geological-sequestration-regulations-2019/documents"}}