{"id":"qld:act-2009-003","name":"Greenhouse Gas Storage Act 2009","slug":"greenhouse-gas-storage-act-2009","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"3 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30034,"registerId":"qld-act-2009-003-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Greenhouse Gas Storage Act 2009 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nChapters 2 and 3 commence on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Purposes and application of Act","content":"# Purposes and application of Act","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purposes of Act and their achievement","content":"### sec.3 Purposes of Act and their achievement\n\nThe main purpose of this Act is to help reduce the impact of greenhouse gas emissions on the environment.\nThe main purpose is achieved principally by facilitating the process called greenhouse gas geological storage, also called greenhouse gas storage ( GHG storage ).\nThis Act facilitates GHG storage by—\nproviding for the granting of authorities (called ‘GHG authorities’) to explore for or use underground geological formations or structures to store carbon dioxide, or carry out related activities; and\ncreating a regulatory system for the carrying out of activities relating to GHG authorities.\nOther purposes of this Act are to ensure the following for the carrying out of the activities—\nminimisation of conflict with other land uses;\nconstructive consultation with people affected by the activities;\nappropriate compensation for owners or occupiers adversely affected by the activities;\nresponsible land and resource management.\n(sec.3-ssec.1) The main purpose of this Act is to help reduce the impact of greenhouse gas emissions on the environment.\n(sec.3-ssec.2) The main purpose is achieved principally by facilitating the process called greenhouse gas geological storage, also called greenhouse gas storage ( GHG storage ).\n(sec.3-ssec.3) This Act facilitates GHG storage by— providing for the granting of authorities (called ‘GHG authorities’) to explore for or use underground geological formations or structures to store carbon dioxide, or carry out related activities; and creating a regulatory system for the carrying out of activities relating to GHG authorities.\n(sec.3-ssec.4) Other purposes of this Act are to ensure the following for the carrying out of the activities— minimisation of conflict with other land uses; constructive consultation with people affected by the activities; appropriate compensation for owners or occupiers adversely affected by the activities; responsible land and resource management.\n- (a) providing for the granting of authorities (called ‘GHG authorities’) to explore for or use underground geological formations or structures to store carbon dioxide, or carry out related activities; and\n- (b) creating a regulatory system for the carrying out of activities relating to GHG authorities.\n- (a) minimisation of conflict with other land uses;\n- (b) constructive consultation with people affected by the activities;\n- (c) appropriate compensation for owners or occupiers adversely affected by the activities;\n- (d) responsible land and resource management.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Facilitation of Act by Petroleum and Gas (Production and Safety) Act 2004","content":"### sec.4 Facilitation of Act by Petroleum and Gas (Production and Safety) Act 2004\n\nThe Petroleum and Gas (Production and Safety) Act 2004 (the P&G Act ) also facilitates the operation of this Act by—\nproviding for survey licences under that Act to be able to be granted for potential GHG stream pipelines; and\nproviding for pipeline licences under that Act to be able to be granted for GHG streams; and\napplying chapter 9 of that Act (the P&G Act safety provisions ) to particular authorised activities for GHG authorities; and\napplying its provisions about investigations and some of its provisions about enforcement to authorised activities for GHG authorities.\n- (a) providing for survey licences under that Act to be able to be granted for potential GHG stream pipelines; and\n- (b) providing for pipeline licences under that Act to be able to be granted for GHG streams; and\n- (c) applying chapter 9 of that Act (the P&G Act safety provisions ) to particular authorised activities for GHG authorities; and\n- (d) applying its provisions about investigations and some of its provisions about enforcement to authorised activities for GHG authorities.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State, and to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nHowever, the Commonwealth or a State can not be prosecuted for an offence against this Act.\ns 5 amd 2012 No. 20 s 125 sch 1\n(sec.5-ssec.1) This Act binds all persons, including the State, and to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.5-ssec.2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Application of Act to coastal waters of the State","content":"### sec.6 Application of Act to coastal waters of the State\n\nThis Act applies to the coastal waters of the State as if the coastal waters of the State were part of the State.\nHowever, this Act does not apply to the adjacent area under the Petroleum (Submerged Lands) Act 1982 .\nThe definition of the adjacent area in the Petroleum (Submerged Lands) Act 1982 , section 4 (1) is extended for pipelines under that Act, part 3 , division 4 . The provisions effectively cover pipelines in the coastal waters of the State.\n(sec.6-ssec.1) This Act applies to the coastal waters of the State as if the coastal waters of the State were part of the State.\n(sec.6-ssec.2) However, this Act does not apply to the adjacent area under the Petroleum (Submerged Lands) Act 1982 . The definition of the adjacent area in the Petroleum (Submerged Lands) Act 1982 , section 4 (1) is extended for pipelines under that Act, part 3 , division 4 . The provisions effectively cover pipelines in the coastal waters of the State.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Relationship with Nature Conservation Act 1992","content":"### sec.7 Relationship with Nature Conservation Act 1992\n\nThis Act is subject to the Nature Conservation Act 1992 , sections 27 and 70QA .\nNature Conservation Act 1992 , sections 27 (Prohibition on mining, geothermal activities and GHG storage activities) and 70QA (Prohibition on mining, geothermal activities and GHG storage activities in forest reserves)","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Relationship with Geothermal Act and principal mining and petroleum Acts","content":"### sec.8 Relationship with Geothermal Act and principal mining and petroleum Acts\n\nThe relationship between this Act and the following Acts is provided for under chapter 4 , parts 2 to 8 and—\nfor the Geothermal Act — chapter 5 , parts 2 to 8 of that Act;\nfor the Mineral Resources Act — chapter 9 of that Act;\nfor the 1923 Act — section 40 (1A) and part 6FA of that Act;\nfor the P&G Act — chapter 3A of that Act.\ns 8 amd 2012 No. 20 s 125 sch 1 ; 2012 No. 20 s 323 sch 3\n- (a) for the Geothermal Act — chapter 5 , parts 2 to 8 of that Act;\n- (b) for the Mineral Resources Act — chapter 9 of that Act;\n- (c) for the 1923 Act — section 40 (1A) and part 6FA of that Act;\n- (d) for the P&G Act — chapter 3A of that Act.","sortOrder":9},{"sectionNumber":"sec.8AA","sectionType":"section","heading":"Relationship with Common Provisions Act","content":"### sec.8AA Relationship with Common Provisions Act\n\nThe relationship between this Act and the Common Provisions Act is provided for under the Common Provisions Act , section 6 .\ns 8AA ins 2014 No. 47 s 319","sortOrder":10},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Declaration for Commonwealth Act","content":"### sec.8A Declaration for Commonwealth Act\n\nA GHG authority is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth) .\ns 8A ins 2010 No. 44 s 114","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Act does not affect other rights or remedies","content":"### sec.9 Act does not affect other rights or remedies\n\nSubject to sections 269 , 338A and 425 this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\nWithout limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.\nIn addition, a breach of an obligation under this Act does not of itself give rise to an action for breach of statutory duty or another civil right or remedy.\nThis Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.\ns 9 amd 2010 No. 31 s 438\n(sec.9-ssec.1) Subject to sections 269 , 338A and 425 this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\n(sec.9-ssec.2) Without limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.\n(sec.9-ssec.3) In addition, a breach of an obligation under this Act does not of itself give rise to an action for breach of statutory duty or another civil right or remedy.\n(sec.9-ssec.4) This Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Native title","content":"### sec.10 Native title\n\ns 10 om 2010 No. 31 s 409","sortOrder":13},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":14},{"sectionNumber":"ch.1-pt.3-div.1","sectionType":"division","heading":"Dictionary","content":"## Dictionary","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Definitions","content":"### sec.11 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":16},{"sectionNumber":"ch.1-pt.3-div.2","sectionType":"division","heading":"Key definitions","content":"## Key definitions","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"What is a GHG stream","content":"### sec.12 What is a GHG stream\n\nA GHG stream is a stream of carbon dioxide or a substance that overwhelmingly consists of carbon dioxide.\nThe stream may be in a gaseous or liquid state.\nThe lawful use by a GHG tenure holder of any particular GHG stream for injection or GHG stream storage is subject to requirements under chapters 2 and 3 and to approval of the relevant work program or development plan.\n(sec.12-ssec.1) A GHG stream is a stream of carbon dioxide or a substance that overwhelmingly consists of carbon dioxide.\n(sec.12-ssec.2) The stream may be in a gaseous or liquid state. The lawful use by a GHG tenure holder of any particular GHG stream for injection or GHG stream storage is subject to requirements under chapters 2 and 3 and to approval of the relevant work program or development plan.","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"What is a GHG stream storage site","content":"### sec.13 What is a GHG stream storage site\n\nA GHG stream storage site is—\nthe spatial extent of an underground geological formation or structure that is suitable to store a GHG stream (a GHG storage reservoir ); and\nthe site at which a GHG stream is or may be injected into the GHG storage reservoir.\n- (a) the spatial extent of an underground geological formation or structure that is suitable to store a GHG stream (a GHG storage reservoir ); and\n- (b) the site at which a GHG stream is or may be injected into the GHG storage reservoir.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"What is GHG stream storage","content":"### sec.14 What is GHG stream storage\n\nGHG stream storage is—\nthe process of injecting a GHG stream into a GHG storage reservoir for the purpose of storing the injected GHG stream in the reservoir; and\nmonitoring the behaviour of the injected GHG stream in the reservoir.\nTo remove any doubt, it is declared that injecting a GHG stream for the purpose of enhanced petroleum recovery authorised under the 1923 Act or the P&G Act is not GHG stream storage.\n(sec.14-ssec.1) GHG stream storage is— the process of injecting a GHG stream into a GHG storage reservoir for the purpose of storing the injected GHG stream in the reservoir; and monitoring the behaviour of the injected GHG stream in the reservoir.\n(sec.14-ssec.2) To remove any doubt, it is declared that injecting a GHG stream for the purpose of enhanced petroleum recovery authorised under the 1923 Act or the P&G Act is not GHG stream storage.\n- (a) the process of injecting a GHG stream into a GHG storage reservoir for the purpose of storing the injected GHG stream in the reservoir; and\n- (b) monitoring the behaviour of the injected GHG stream in the reservoir.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"What is GHG storage exploration","content":"### sec.15 What is GHG storage exploration\n\nGHG storage exploration is carrying out an activity for the purpose of finding GHG stream storage sites.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"What is GHG storage injection testing","content":"### sec.16 What is GHG storage injection testing\n\nGHG storage injection testing is the evaluation or testing of an underground geological formation or structure for GHG stream storage by injecting carbon dioxide or water into it.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"What is a GHG stream pipeline","content":"### sec.17 What is a GHG stream pipeline\n\nA GHG stream pipeline is a pipe or system of pipes for transporting a GHG stream for GHG stream storage.\nA reference to a GHG stream pipeline includes—\na part of the pipeline; and\na thing connected to or associated with the pipeline that is necessary for its operation.\nmeter stations, scraper stations, valve stations, pumping stations or compressor stations\nplant and equipment, machinery and tanks\ncorrosion protection apparatus\ncommunications equipment and towers\n(sec.17-ssec.1) A GHG stream pipeline is a pipe or system of pipes for transporting a GHG stream for GHG stream storage.\n(sec.17-ssec.2) A reference to a GHG stream pipeline includes— a part of the pipeline; and a thing connected to or associated with the pipeline that is necessary for its operation. meter stations, scraper stations, valve stations, pumping stations or compressor stations plant and equipment, machinery and tanks corrosion protection apparatus communications equipment and towers\n- (a) a part of the pipeline; and\n- (b) a thing connected to or associated with the pipeline that is necessary for its operation.\n- • meter stations, scraper stations, valve stations, pumping stations or compressor stations\n- • plant and equipment, machinery and tanks\n- • corrosion protection apparatus\n- • communications equipment and towers","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Types of authority under Act","content":"### sec.18 Types of authority under Act\n\nThe types of authority under this Act are—\na GHG exploration permit (also called a GHG permit )—\ngranted under section 40 ; or\nSee also sections 431 (Conversion of Zerogen’s P&G Act ATPs) and 432 (New GHG permit for Zerogen).\ncontinued in force under section 95 or 116 ; or\nrenewed under section 96 ; and\na GHG injection and storage lease (also called a GHG lease ) granted under section 117 or 130 ; and\na GHG injection and storage data acquisition authority (also called a GHG data acquisition authority ) granted under section 235 .\nGHG permits and GHG leases are collectively referred to as a GHG tenure .\nAll authorities under this Act are collectively referred to as a GHG authority .\n(sec.18-ssec.1) The types of authority under this Act are— a GHG exploration permit (also called a GHG permit )— granted under section 40 ; or See also sections 431 (Conversion of Zerogen’s P&G Act ATPs) and 432 (New GHG permit for Zerogen). continued in force under section 95 or 116 ; or renewed under section 96 ; and a GHG injection and storage lease (also called a GHG lease ) granted under section 117 or 130 ; and a GHG injection and storage data acquisition authority (also called a GHG data acquisition authority ) granted under section 235 .\n(sec.18-ssec.2) GHG permits and GHG leases are collectively referred to as a GHG tenure .\n(sec.18-ssec.3) All authorities under this Act are collectively referred to as a GHG authority .\n- (a) a GHG exploration permit (also called a GHG permit )— (i) granted under section 40 ; or Note— See also sections 431 (Conversion of Zerogen’s P&G Act ATPs) and 432 (New GHG permit for Zerogen). (ii) continued in force under section 95 or 116 ; or (iii) renewed under section 96 ; and\n- (i) granted under section 40 ; or\n- (ii) continued in force under section 95 or 116 ; or\n- (iii) renewed under section 96 ; and\n- (b) a GHG injection and storage lease (also called a GHG lease ) granted under section 117 or 130 ; and\n- (c) a GHG injection and storage data acquisition authority (also called a GHG data acquisition authority ) granted under section 235 .\n- (i) granted under section 40 ; or\n- (ii) continued in force under section 95 or 116 ; or\n- (iii) renewed under section 96 ; and","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Who is an eligible person","content":"### sec.19 Who is an eligible person\n\nAn eligible person is—\nan adult; or\na company or a registered body under the Corporations Act ; or\na government owned corporation.\n- (a) an adult; or\n- (b) a company or a registered body under the Corporations Act ; or\n- (c) a government owned corporation.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"What are the conditions of a GHG authority","content":"### sec.20 What are the conditions of a GHG authority\n\nThe conditions of a GHG authority are—\nthe conditions stated in it from time to time; and\nthe GHG authority holder’s obligations under chapters 2 to 5 ; and\nany condition of the GHG authority under chapters 2 to 5 ; and\na condition that the holder must ensure each person acting for the holder who carries out an authorised activity for the GHG authority complies with its conditions to the extent they apply to the carrying out of the activity.\nFor who may carry out an authorised activity for the holder, see section 338 (Who may carry out authorised activity for GHG authority holder).\nA condition mentioned in subsection (1) (b) or (c) is a mandatory condition of the GHG authority.\n(sec.20-ssec.1) The conditions of a GHG authority are— the conditions stated in it from time to time; and the GHG authority holder’s obligations under chapters 2 to 5 ; and any condition of the GHG authority under chapters 2 to 5 ; and a condition that the holder must ensure each person acting for the holder who carries out an authorised activity for the GHG authority complies with its conditions to the extent they apply to the carrying out of the activity. For who may carry out an authorised activity for the holder, see section 338 (Who may carry out authorised activity for GHG authority holder).\n(sec.20-ssec.2) A condition mentioned in subsection (1) (b) or (c) is a mandatory condition of the GHG authority.\n- (a) the conditions stated in it from time to time; and\n- (b) the GHG authority holder’s obligations under chapters 2 to 5 ; and\n- (c) any condition of the GHG authority under chapters 2 to 5 ; and\n- (d) a condition that the holder must ensure each person acting for the holder who carries out an authorised activity for the GHG authority complies with its conditions to the extent they apply to the carrying out of the activity. Note— For who may carry out an authorised activity for the holder, see section 338 (Who may carry out authorised activity for GHG authority holder).","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"What are the provisions of a GHG authority","content":"### sec.21 What are the provisions of a GHG authority\n\nA reference in this Act to a GHG authority includes a reference to its provisions.\nA reference in this Act to the provisions of a GHG authority is a reference to its mandatory or other conditions and anything written in it.\n(sec.21-ssec.1) A reference in this Act to a GHG authority includes a reference to its provisions.\n(sec.21-ssec.2) A reference in this Act to the provisions of a GHG authority is a reference to its mandatory or other conditions and anything written in it.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"What is an authorised activity for a GHG authority","content":"### sec.22 What is an authorised activity for a GHG authority\n\nAn authorised activity , for a GHG authority, is an activity that its holder is under this Act or the authority, entitled to carry out in relation to the authority.\nThe provisions of the GHG authority may restrict the carrying out of authorised activities. See sections 41 , 97 , 120 , 236 and 379 (2) .\nThe carrying out of authorised activities is subject to the restrictions and the holder’s rights and obligations under chapters 2 to 5 . See section 337 .\nThe carrying out of particular activities on particular land in a GHG authority’s area may not be authorised following the taking of the land under a resumption law. See section 369B .\ns 22 amd 2012 No. 20 s 26 ; 2022 No. 29 s 31 sch 1\n- 1 The provisions of the GHG authority may restrict the carrying out of authorised activities. See sections 41 , 97 , 120 , 236 and 379 (2) .\n- 2 The carrying out of authorised activities is subject to the restrictions and the holder’s rights and obligations under chapters 2 to 5 . See section 337 .\n- 3 The carrying out of particular activities on particular land in a GHG authority’s area may not be authorised following the taking of the land under a resumption law. See section 369B .","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"What is a GHG storage activity","content":"### sec.23 What is a GHG storage activity\n\nA GHG storage activity is any authorised activity for any GHG authority, whether or not a GHG authority has been granted for the activity.\ns 23 amd 2010 No. 31 s 410","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"What is a work program for a GHG permit","content":"### sec.24 What is a work program for a GHG permit\n\nThe work program for a GHG permit is its current initial or later work program approved under chapter 2 , part 4 as amended from time to time under that part.\nFor subsection (1) , the work program is current if the period to which the program applies has started and not ended.\n(sec.24-ssec.1) The work program for a GHG permit is its current initial or later work program approved under chapter 2 , part 4 as amended from time to time under that part.\n(sec.24-ssec.2) For subsection (1) , the work program is current if the period to which the program applies has started and not ended.","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"What is a development plan for a GHG lease","content":"### sec.25 What is a development plan for a GHG lease\n\nThe development plan for a GHG lease is its current initial or later development plan approved under chapter 3 , part 5 as amended from time to time under that part.\nFor subsection (1) , the development plan is current if the period to which the plan applies has started and has not ended.\n(sec.25-ssec.1) The development plan for a GHG lease is its current initial or later development plan approved under chapter 3 , part 5 as amended from time to time under that part.\n(sec.25-ssec.2) For subsection (1) , the development plan is current if the period to which the plan applies has started and has not ended.","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns 26 om 2020 No. 9 s 11","sortOrder":32},{"sectionNumber":"sec.26A","sectionType":"section","heading":"What is a resource Act","content":"### sec.26A What is a resource Act\n\nA resource Act is any of the following—\nthis Act;\nthe Geothermal Act ;\nthe Mineral Resources Act ;\nthe 1923 Act ;\nthe P&G Act .\ns 26A ins 2010 No. 31 s 502 sch 2 pt 4\n- • this Act;\n- • the Geothermal Act ;\n- • the Mineral Resources Act ;\n- • the 1923 Act ;\n- • the P&G Act .","sortOrder":33},{"sectionNumber":"ch.1-pt.4","sectionType":"part","heading":"State ownership of GHG storage reservoirs","content":"# State ownership of GHG storage reservoirs","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"GHG storage reservoirs the property of the State","content":"### sec.27 GHG storage reservoirs the property of the State\n\nAll GHG storage reservoirs in land in the State are and are taken always to have been the property of the State.\nTo remove any doubt, it is declared that—\na person does not acquire any property in a GHG storage reservoir or petroleum in it only because the person creates or discovers the reservoir; and\nFor other provisions about the ownership of petroleum, see the P&G Act , sections 26 to 28 and chapter 2 , part 6 , division 3 .\nsubsection (1) applies whether or not the land is freehold or other land.\nThis section applies despite any other Act, grant, title or other document in force from the commencement of this section.\nIn this section—\nthe State does not include any of the adjacent area under the Petroleum (Submerged Lands) Act 1982 .\n(sec.27-ssec.1) All GHG storage reservoirs in land in the State are and are taken always to have been the property of the State.\n(sec.27-ssec.2) To remove any doubt, it is declared that— a person does not acquire any property in a GHG storage reservoir or petroleum in it only because the person creates or discovers the reservoir; and For other provisions about the ownership of petroleum, see the P&G Act , sections 26 to 28 and chapter 2 , part 6 , division 3 . subsection (1) applies whether or not the land is freehold or other land.\n(sec.27-ssec.3) This section applies despite any other Act, grant, title or other document in force from the commencement of this section.\n(sec.27-ssec.4) In this section— the State does not include any of the adjacent area under the Petroleum (Submerged Lands) Act 1982 .\n- (a) a person does not acquire any property in a GHG storage reservoir or petroleum in it only because the person creates or discovers the reservoir; and Note— For other provisions about the ownership of petroleum, see the P&G Act , sections 26 to 28 and chapter 2 , part 6 , division 3 .\n- (b) subsection (1) applies whether or not the land is freehold or other land.","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Reservation in land grants","content":"### sec.28 Reservation in land grants\n\nThis section applies to each grant under another Act of a right relating to land.\nThis section applies whether the grant was made before or after the commencement of this section.\nThe grant is taken to contain a reservation to the State of—\nall GHG storage reservoirs in the land, whenever created; and\nthe exclusive right to do the following in relation to the land—\nto enter and carry out any GHG storage activity;\nto authorise under the provisions of this Act or another Act others to carry out any GHG storage activity;\nto regulate under the provisions of this Act or another Act GHG storage activities carried out by others.\nSee however, section 420 (Provision for entry by State to carry out GHG storage activity).\nIn this section—\ngrant , of a right, includes an authority, lease, licence, permit or other instrument of tenure, however called.\ns 28 amd 2010 No. 31 s 411\n(sec.28-ssec.1) This section applies to each grant under another Act of a right relating to land.\n(sec.28-ssec.2) This section applies whether the grant was made before or after the commencement of this section.\n(sec.28-ssec.3) The grant is taken to contain a reservation to the State of— all GHG storage reservoirs in the land, whenever created; and the exclusive right to do the following in relation to the land— to enter and carry out any GHG storage activity; to authorise under the provisions of this Act or another Act others to carry out any GHG storage activity; to regulate under the provisions of this Act or another Act GHG storage activities carried out by others. See however, section 420 (Provision for entry by State to carry out GHG storage activity).\n(sec.28-ssec.4) In this section— grant , of a right, includes an authority, lease, licence, permit or other instrument of tenure, however called.\n- (a) all GHG storage reservoirs in the land, whenever created; and\n- (b) the exclusive right to do the following in relation to the land— (i) to enter and carry out any GHG storage activity; (ii) to authorise under the provisions of this Act or another Act others to carry out any GHG storage activity; (iii) to regulate under the provisions of this Act or another Act GHG storage activities carried out by others. Note— See however, section 420 (Provision for entry by State to carry out GHG storage activity).\n- (i) to enter and carry out any GHG storage activity;\n- (ii) to authorise under the provisions of this Act or another Act others to carry out any GHG storage activity;\n- (iii) to regulate under the provisions of this Act or another Act GHG storage activities carried out by others. Note— See however, section 420 (Provision for entry by State to carry out GHG storage activity).\n- (i) to enter and carry out any GHG storage activity;\n- (ii) to authorise under the provisions of this Act or another Act others to carry out any GHG storage activity;\n- (iii) to regulate under the provisions of this Act or another Act GHG storage activities carried out by others. Note— See however, section 420 (Provision for entry by State to carry out GHG storage activity).","sortOrder":36},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Key authorised activities","content":"# Key authorised activities","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Operation of pt 1","content":"### sec.29 Operation of pt 1\n\nThis part provides for the key authorised activities for a GHG permit.\nFor other authorised activities, see the Common Provisions Act , chapter 3 , part 2 , division 4 .\nFor general restrictions on authorised activities, their relationship with owners’ and occupiers’ rights and who may carry out authorised activities for a GHG authority holder, see chapter 5 , part 12 , division 3 .\nThe carrying out of particular activities on particular land in a GHG permit’s area may not be authorised following the taking of the land under a resumption law. See section 369B .\ns 29 amd 2012 No. 20 ss 27 , 125 sch 1 ; 2014 No. 47 s 327 ; 2024 No. 33 s 183 s ch 1 pt 2\n- 1 For other authorised activities, see the Common Provisions Act , chapter 3 , part 2 , division 4 .\n- 2 For general restrictions on authorised activities, their relationship with owners’ and occupiers’ rights and who may carry out authorised activities for a GHG authority holder, see chapter 5 , part 12 , division 3 .\n- 3 The carrying out of particular activities on particular land in a GHG permit’s area may not be authorised following the taking of the land under a resumption law. See section 369B .","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Principal authorised activities","content":"### sec.30 Principal authorised activities\n\nThe GHG permit holder may carry out the following activities in the permit’s area—\nGHG storage exploration;\nevaluating the feasibility of GHG stream storage, including for example, by GHG storage injection testing;\nplugging and abandoning, or otherwise remediating, a bore or well the holder reasonably believes is a legacy borehole, and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.\ns 30 amd 2014 No. 47 s 342\n- (a) GHG storage exploration;\n- (b) evaluating the feasibility of GHG stream storage, including for example, by GHG storage injection testing;\n- (c) plugging and abandoning, or otherwise remediating, a bore or well the holder reasonably believes is a legacy borehole, and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Incidental activities","content":"### sec.31 Incidental activities\n\nThe GHG permit holder may carry out any other activity (an incidental activity ) in the permit’s area if carrying it out is reasonably necessary for or is incidental to GHG storage exploration.\nconstructing or operating facilities, plant or works, including for example, communication systems, compressors, powerlines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks\nconstructing or using temporary structures or structures of an industrial or technical nature, including for example, mobile and temporary camps\nHowever, constructing or using a structure other than a temporary structure, for office or residential accommodation is not an incidental activity.\ns 31 amd 2009 No. 36 s 872 sch 2\n(sec.31-ssec.1) The GHG permit holder may carry out any other activity (an incidental activity ) in the permit’s area if carrying it out is reasonably necessary for or is incidental to GHG storage exploration. constructing or operating facilities, plant or works, including for example, communication systems, compressors, powerlines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks constructing or using temporary structures or structures of an industrial or technical nature, including for example, mobile and temporary camps\n(sec.31-ssec.2) However, constructing or using a structure other than a temporary structure, for office or residential accommodation is not an incidental activity.\n- 1 constructing or operating facilities, plant or works, including for example, communication systems, compressors, powerlines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks\n- 2 constructing or using temporary structures or structures of an industrial or technical nature, including for example, mobile and temporary camps","sortOrder":40},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Obtaining GHG permits","content":"# Obtaining GHG permits","sortOrder":41},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Operation of pt 2","content":"### sec.32 Operation of pt 2\n\nThis part provides for a process for the granting of GHG permits by competitive tender.\nTo remove any doubt, it is declared that a GHG permit can only be granted under this part.\n(sec.32-ssec.1) This part provides for a process for the granting of GHG permits by competitive tender.\n(sec.32-ssec.2) To remove any doubt, it is declared that a GHG permit can only be granted under this part.","sortOrder":43},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Competitive tenders","content":"## Competitive tenders","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Call for tenders","content":"### sec.33 Call for tenders\n\nThe Minister may by gazette notice invite tenders for a GHG permit (a call for tenders ) for land other than unavailable land for a GHG permit.\nThe call must state—\nthe day and time by which tenders in response to it must be made (the closing time for the call); and\nany criteria ( special criteria ) other than the work program criteria and capability criteria proposed to be used to decide whether to grant the GHG permit or to decide its provisions.\nThe call may state other relevant matters, including for example, matters relevant to the work program criteria and capability criteria.\ns 33 amd 2024 No. 33 s 35A\n(sec.33-ssec.1) The Minister may by gazette notice invite tenders for a GHG permit (a call for tenders ) for land other than unavailable land for a GHG permit.\n(sec.33-ssec.2) The call must state— the day and time by which tenders in response to it must be made (the closing time for the call); and any criteria ( special criteria ) other than the work program criteria and capability criteria proposed to be used to decide whether to grant the GHG permit or to decide its provisions.\n(sec.33-ssec.3) The call may state other relevant matters, including for example, matters relevant to the work program criteria and capability criteria.\n- (a) the day and time by which tenders in response to it must be made (the closing time for the call); and\n- (b) any criteria ( special criteria ) other than the work program criteria and capability criteria proposed to be used to decide whether to grant the GHG permit or to decide its provisions.","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Right to tender","content":"### sec.34 Right to tender\n\nAn eligible person may by a tender made under section 35 , tender for a proposed GHG permit the subject of a call for tenders.\nHowever, a tender can not be made—\nafter the closing time for the call; or\nfor only part of the proposed GHG permit’s area.\ns 34 amd 2011 No. 2 s 62\n(sec.34-ssec.1) An eligible person may by a tender made under section 35 , tender for a proposed GHG permit the subject of a call for tenders.\n(sec.34-ssec.2) However, a tender can not be made— after the closing time for the call; or for only part of the proposed GHG permit’s area.\n- (a) after the closing time for the call; or\n- (b) for only part of the proposed GHG permit’s area.","sortOrder":46},{"sectionNumber":"sec.35","sectionType":"section","heading":"Requirements for making tender","content":"### sec.35 Requirements for making tender\n\nA tender for a GHG permit must—\nbe made to the Minister in the approved form; and\ninclude—\na statement about how and when the tenderer proposes to consult with and keep informed each owner and occupier of private or public land on which authorised activities for the proposed GHG permit are or are likely to be carried out; and\na proposed work program that complies with the initial work program requirements; and\na statement about the extent to which the tenderer has—\nthe financial and technical resources to carry out authorised activities for the proposed GHG permit; and\nthe ability to manage GHG storage exploration; and\nstate that the applicant agrees to, as soon as practicable after the grant of the GHG permit to the applicant, give each of the owners or occupiers a notice—\ndescribing the activities proposed to be carried out on the land; and\nstating where and when the activities will be carried out; and\nbe accompanied by the fee prescribed under a regulation.\ns 35 amd 2010 No. 31 s 412\n- (a) be made to the Minister in the approved form; and\n- (b) include— (i) a statement about how and when the tenderer proposes to consult with and keep informed each owner and occupier of private or public land on which authorised activities for the proposed GHG permit are or are likely to be carried out; and (ii) a proposed work program that complies with the initial work program requirements; and (iii) a statement about the extent to which the tenderer has— (A) the financial and technical resources to carry out authorised activities for the proposed GHG permit; and (B) the ability to manage GHG storage exploration; and\n- (i) a statement about how and when the tenderer proposes to consult with and keep informed each owner and occupier of private or public land on which authorised activities for the proposed GHG permit are or are likely to be carried out; and\n- (ii) a proposed work program that complies with the initial work program requirements; and\n- (iii) a statement about the extent to which the tenderer has— (A) the financial and technical resources to carry out authorised activities for the proposed GHG permit; and (B) the ability to manage GHG storage exploration; and\n- (A) the financial and technical resources to carry out authorised activities for the proposed GHG permit; and\n- (B) the ability to manage GHG storage exploration; and\n- (c) state that the applicant agrees to, as soon as practicable after the grant of the GHG permit to the applicant, give each of the owners or occupiers a notice— (i) describing the activities proposed to be carried out on the land; and (ii) stating where and when the activities will be carried out; and\n- (i) describing the activities proposed to be carried out on the land; and\n- (ii) stating where and when the activities will be carried out; and\n- (d) be accompanied by the fee prescribed under a regulation.\n- (i) a statement about how and when the tenderer proposes to consult with and keep informed each owner and occupier of private or public land on which authorised activities for the proposed GHG permit are or are likely to be carried out; and\n- (ii) a proposed work program that complies with the initial work program requirements; and\n- (iii) a statement about the extent to which the tenderer has— (A) the financial and technical resources to carry out authorised activities for the proposed GHG permit; and (B) the ability to manage GHG storage exploration; and\n- (A) the financial and technical resources to carry out authorised activities for the proposed GHG permit; and\n- (B) the ability to manage GHG storage exploration; and\n- (A) the financial and technical resources to carry out authorised activities for the proposed GHG permit; and\n- (B) the ability to manage GHG storage exploration; and\n- (i) describing the activities proposed to be carried out on the land; and\n- (ii) stating where and when the activities will be carried out; and","sortOrder":47},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Rejection of tender if tenderer disqualified","content":"### sec.35A Rejection of tender if tenderer disqualified\n\nThe Minister must reject a tender for a GHG permit if the Minister decides the tenderer is disqualified under the Common Provisions Act , chapter 7 from being granted the GHG permit.\nOn rejection of the tender, the Minister must give the tenderer a notice about the decision.\ns 35A ins 2020 No. 14 s 46\n(sec.35A-ssec.1) The Minister must reject a tender for a GHG permit if the Minister decides the tenderer is disqualified under the Common Provisions Act , chapter 7 from being granted the GHG permit.\n(sec.35A-ssec.2) On rejection of the tender, the Minister must give the tenderer a notice about the decision.","sortOrder":48},{"sectionNumber":"sec.36","sectionType":"section","heading":"Requirements for verification statement","content":"### sec.36 Requirements for verification statement\n\ns 36 om 2010 No. 31 s 413","sortOrder":49},{"sectionNumber":"sec.37","sectionType":"section","heading":"Right to terminate call for tenders","content":"### sec.37 Right to terminate call for tenders\n\nThe Minister may by gazette notice terminate a call for tenders at any time before deciding whether to grant a GHG permit to a person who has made a tender in response to the call.\nAll tenders in response to the call lapse when the call is terminated.\nNo amount, whether by way of compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the termination.\n(sec.37-ssec.1) The Minister may by gazette notice terminate a call for tenders at any time before deciding whether to grant a GHG permit to a person who has made a tender in response to the call.\n(sec.37-ssec.2) All tenders in response to the call lapse when the call is terminated.\n(sec.37-ssec.3) No amount, whether by way of compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the termination.","sortOrder":50},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":"Deciding tenders","content":"## Deciding tenders","sortOrder":51},{"sectionNumber":"sec.38","sectionType":"section","heading":"Process for deciding tenders","content":"### sec.38 Process for deciding tenders\n\nSubject to section 42 , any process the Minister considers appropriate may be used to decide a call for tenders, including for example, by a process appointing a preferred tenderer on the tenders made in response to the call.","sortOrder":52},{"sectionNumber":"sec.39","sectionType":"section","heading":"Provisions for preferred tenderers","content":"### sec.39 Provisions for preferred tenderers\n\nThe Minister may require a preferred tenderer for the call for tenders to—\npay any amounts necessarily incurred or to be incurred to enable the GHG permit to be granted; and\nto do all or any of the following within a stated reasonable period—\npay the annual rent for the first year of the GHG permit;\ngive under section 271 , security for the GHG permit.\nIf a preferred tenderer does not—\ncomply with a requirement under subsection (1) ; or\ndo all things reasonably necessary to allow a GHG permit to be granted to the tenderer;\nthe Minister may appoint another tenderer to be the preferred tenderer.\n(sec.39-ssec.1) The Minister may require a preferred tenderer for the call for tenders to— pay any amounts necessarily incurred or to be incurred to enable the GHG permit to be granted; and to do all or any of the following within a stated reasonable period— pay the annual rent for the first year of the GHG permit; give under section 271 , security for the GHG permit.\n(sec.39-ssec.2) If a preferred tenderer does not— comply with a requirement under subsection (1) ; or do all things reasonably necessary to allow a GHG permit to be granted to the tenderer; the Minister may appoint another tenderer to be the preferred tenderer.\n- (a) pay any amounts necessarily incurred or to be incurred to enable the GHG permit to be granted; and\n- (b) to do all or any of the following within a stated reasonable period— (i) pay the annual rent for the first year of the GHG permit; (ii) give under section 271 , security for the GHG permit.\n- (i) pay the annual rent for the first year of the GHG permit;\n- (ii) give under section 271 , security for the GHG permit.\n- (i) pay the annual rent for the first year of the GHG permit;\n- (ii) give under section 271 , security for the GHG permit.\n- (a) comply with a requirement under subsection (1) ; or\n- (b) do all things reasonably necessary to allow a GHG permit to be granted to the tenderer;","sortOrder":53},{"sectionNumber":"sec.40","sectionType":"section","heading":"Deciding whether to grant GHG permit","content":"### sec.40 Deciding whether to grant GHG permit\n\nThe Minister may, after the closing time for the call for tenders—\ngrant a GHG permit to 1 tenderer; or\nrefuse to grant any GHG permit.\nHowever—\nbefore deciding to grant the GHG permit, the Minister must decide whether to approve the applicant’s proposed initial work program for the permit; and\nthe Minister can not grant the GHG permit unless—\nthe tenderer is an eligible person; and\nthe proposed program has been approved; and\na relevant environmental authority has been issued.\nIf a tender relates to acquired land, see also section 369C .\ns 40 amd 2012 No. 20 s 28\n(sec.40-ssec.1) The Minister may, after the closing time for the call for tenders— grant a GHG permit to 1 tenderer; or refuse to grant any GHG permit.\n(sec.40-ssec.2) However— before deciding to grant the GHG permit, the Minister must decide whether to approve the applicant’s proposed initial work program for the permit; and the Minister can not grant the GHG permit unless— the tenderer is an eligible person; and the proposed program has been approved; and a relevant environmental authority has been issued. If a tender relates to acquired land, see also section 369C .\n- (a) grant a GHG permit to 1 tenderer; or\n- (b) refuse to grant any GHG permit.\n- (a) before deciding to grant the GHG permit, the Minister must decide whether to approve the applicant’s proposed initial work program for the permit; and\n- (b) the Minister can not grant the GHG permit unless— (i) the tenderer is an eligible person; and (ii) the proposed program has been approved; and (iii) a relevant environmental authority has been issued.\n- (i) the tenderer is an eligible person; and\n- (ii) the proposed program has been approved; and\n- (iii) a relevant environmental authority has been issued.\n- (i) the tenderer is an eligible person; and\n- (ii) the proposed program has been approved; and\n- (iii) a relevant environmental authority has been issued.","sortOrder":54},{"sectionNumber":"sec.41","sectionType":"section","heading":"Provisions of GHG permit","content":"### sec.41 Provisions of GHG permit\n\nEach GHG permit must state its term and area.\nThe term—\nmust be for at least the required program period for the initial work program for the GHG permit under the call for tenders; but\nmust end no later than 12 years after the GHG permit takes effect.\nThe GHG permit may also state—\nconditions or other provisions of the GHG permit other than conditions or provisions that are—\ninconsistent with the mandatory conditions for GHG permits; or\nthe same as or substantially the same as or inconsistent with any relevant environmental condition; and\nthe day it takes effect; and\nGHG permit’s relinquishment days.\nHowever, the provisions of the GHG permit may exclude or restrict the carrying out of an authorised activity for the permit.\nThe day of effect must not be before the day the GHG permit is granted.\nIf no day of effect is stated, the GHG permit takes effect on the day it is granted.\nThe first relinquishment day must not be later than 4 years after the day the GHG permit is to take effect.\nThe second and any later relinquishment days must not be later than 4 years after the previous relinquishment day.\nIf relinquishment days are not stated, they are taken to be—\nthe day that is the fourth anniversary of the GHG permit’s day of effect; and\neach day during its term that is the end of a 4 yearly interval after the day of effect.\n(sec.41-ssec.1) Each GHG permit must state its term and area.\n(sec.41-ssec.2) The term— must be for at least the required program period for the initial work program for the GHG permit under the call for tenders; but must end no later than 12 years after the GHG permit takes effect.\n(sec.41-ssec.3) The GHG permit may also state— conditions or other provisions of the GHG permit other than conditions or provisions that are— inconsistent with the mandatory conditions for GHG permits; or the same as or substantially the same as or inconsistent with any relevant environmental condition; and the day it takes effect; and GHG permit’s relinquishment days.\n(sec.41-ssec.4) However, the provisions of the GHG permit may exclude or restrict the carrying out of an authorised activity for the permit.\n(sec.41-ssec.5) The day of effect must not be before the day the GHG permit is granted.\n(sec.41-ssec.6) If no day of effect is stated, the GHG permit takes effect on the day it is granted.\n(sec.41-ssec.7) The first relinquishment day must not be later than 4 years after the day the GHG permit is to take effect.\n(sec.41-ssec.8) The second and any later relinquishment days must not be later than 4 years after the previous relinquishment day.\n(sec.41-ssec.9) If relinquishment days are not stated, they are taken to be— the day that is the fourth anniversary of the GHG permit’s day of effect; and each day during its term that is the end of a 4 yearly interval after the day of effect.\n- (a) must be for at least the required program period for the initial work program for the GHG permit under the call for tenders; but\n- (b) must end no later than 12 years after the GHG permit takes effect.\n- (a) conditions or other provisions of the GHG permit other than conditions or provisions that are— (i) inconsistent with the mandatory conditions for GHG permits; or (ii) the same as or substantially the same as or inconsistent with any relevant environmental condition; and\n- (i) inconsistent with the mandatory conditions for GHG permits; or\n- (ii) the same as or substantially the same as or inconsistent with any relevant environmental condition; and\n- (b) the day it takes effect; and\n- (c) GHG permit’s relinquishment days.\n- (i) inconsistent with the mandatory conditions for GHG permits; or\n- (ii) the same as or substantially the same as or inconsistent with any relevant environmental condition; and\n- (a) the day that is the fourth anniversary of the GHG permit’s day of effect; and\n- (b) each day during its term that is the end of a 4 yearly interval after the day of effect.","sortOrder":55},{"sectionNumber":"sec.42","sectionType":"section","heading":"Criteria for decisions","content":"### sec.42 Criteria for decisions\n\nIn deciding whether to grant a GHG permit or deciding its provisions the Minister must consider—\nany special criteria; and\nthe applicant’s proposed initial work program; and\nthe extent to which the Minister is of the opinion that the tenderer is capable of carrying out authorised activities for the GHG permit, having regard to the tenderer’s—\nfinancial and technical resources; and\nability to manage GHG storage exploration.\nThe matters mentioned in subsection (1) (c) are the capability criteria .\nA person satisfies the capability criteria if the Minister forms the opinion mentioned in subsection (1) (c) .\n(sec.42-ssec.1) In deciding whether to grant a GHG permit or deciding its provisions the Minister must consider— any special criteria; and the applicant’s proposed initial work program; and the extent to which the Minister is of the opinion that the tenderer is capable of carrying out authorised activities for the GHG permit, having regard to the tenderer’s— financial and technical resources; and ability to manage GHG storage exploration.\n(sec.42-ssec.2) The matters mentioned in subsection (1) (c) are the capability criteria .\n(sec.42-ssec.3) A person satisfies the capability criteria if the Minister forms the opinion mentioned in subsection (1) (c) .\n- (a) any special criteria; and\n- (b) the applicant’s proposed initial work program; and\n- (c) the extent to which the Minister is of the opinion that the tenderer is capable of carrying out authorised activities for the GHG permit, having regard to the tenderer’s— (i) financial and technical resources; and (ii) ability to manage GHG storage exploration.\n- (i) financial and technical resources; and\n- (ii) ability to manage GHG storage exploration.\n- (i) financial and technical resources; and\n- (ii) ability to manage GHG storage exploration.","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"Notice to unsuccessful tenderers","content":"### sec.43 Notice to unsuccessful tenderers\n\nAfter a call for tenders has been decided, the Minister must give each tenderer not granted the GHG permit notice of the decision.","sortOrder":57},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Area provisions","content":"# Area provisions","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":"Area of GHG permit","content":"### sec.44 Area of GHG permit\n\nThis section provides for the area of a GHG permit.\nThe area does not include excluded land for the GHG permit.\nSee also section 369B (3) if land in the GHG permit’s area is taken under a resumption law.\nUnless the Minister otherwise decides, the area must form a single parcel of land.\nThe area must not include any of the following ( unavailable land )—\nland in the area of another GHG tenure;\nland in the Great Artesian Basin;\nexcluded land for a GHG tenure;\nland that a regulation prescribes as land over which a GHG permit can not be granted.\nThe area may include a part of a block only if the part is all areas within the block that are left after taking away all unavailable land within the block (a residual block ).\nSee also section 369B (3) if land in the GHG permit’s area is taken under a resumption law.\nThe area must be no more than 100 blocks or residual blocks, in any combination.\ns 44 amd 2012 No. 20 s 29 ; 2024 No. 33 s 35B\n(sec.44-ssec.1) This section provides for the area of a GHG permit.\n(sec.44-ssec.2) The area does not include excluded land for the GHG permit. See also section 369B (3) if land in the GHG permit’s area is taken under a resumption law.\n(sec.44-ssec.3) Unless the Minister otherwise decides, the area must form a single parcel of land.\n(sec.44-ssec.4) The area must not include any of the following ( unavailable land )— land in the area of another GHG tenure; land in the Great Artesian Basin; excluded land for a GHG tenure; land that a regulation prescribes as land over which a GHG permit can not be granted.\n(sec.44-ssec.5) The area may include a part of a block only if the part is all areas within the block that are left after taking away all unavailable land within the block (a residual block ). See also section 369B (3) if land in the GHG permit’s area is taken under a resumption law.\n(sec.44-ssec.6) The area must be no more than 100 blocks or residual blocks, in any combination.\n- (a) land in the area of another GHG tenure;\n- (b) land in the Great Artesian Basin;\n- (c) excluded land for a GHG tenure;\n- (d) land that a regulation prescribes as land over which a GHG permit can not be granted.","sortOrder":59},{"sectionNumber":"sec.45","sectionType":"section","heading":"References to sub-blocks of GHG permit","content":"### sec.45 References to sub-blocks of GHG permit\n\nThis section applies if a GHG permit states that its area includes land within a block without including or excluding any particular sub-block.\nThe reference to the block is a reference to all sub-blocks within the block to the extent they do not consist of unavailable land.\nSee also section 369B (3) if land in the GHG permit’s area is taken under a resumption law.\nTo remove any doubt, it is declared that if land within any of the sub-blocks ceases to be unavailable land, the cessation itself does not cause the land to be within the permit’s area.\ns 45 amd 2012 No. 20 s 30\n(sec.45-ssec.1) This section applies if a GHG permit states that its area includes land within a block without including or excluding any particular sub-block.\n(sec.45-ssec.2) The reference to the block is a reference to all sub-blocks within the block to the extent they do not consist of unavailable land. See also section 369B (3) if land in the GHG permit’s area is taken under a resumption law.\n(sec.45-ssec.3) To remove any doubt, it is declared that if land within any of the sub-blocks ceases to be unavailable land, the cessation itself does not cause the land to be within the permit’s area.","sortOrder":60},{"sectionNumber":"sec.46","sectionType":"section","heading":"Minister’s power to decide excluded land","content":"### sec.46 Minister’s power to decide excluded land\n\nThe Minister may decide excluded land for a GHG permit or proposed GHG permit.\nHowever, the power under subsection (1) may be exercised only when the Minister is deciding whether to—\ngrant or renew the GHG permit; or\napprove any later work program for the GHG permit.\nHowever, excluded land can not be a whole block.\nExcluded land may be described in a way the Minister considers appropriate, including for example, by area or by reference to a stated type of land.\nLand ceases to be excluded land for a GHG permit if—\nthe block in which the land is located is relinquished or for any other reason ceases to be in the permit’s area; or\na GHG lease is granted over any of the GHG permit’s area and the land is excluded land for the lease.\n(sec.46-ssec.1) The Minister may decide excluded land for a GHG permit or proposed GHG permit.\n(sec.46-ssec.2) However, the power under subsection (1) may be exercised only when the Minister is deciding whether to— grant or renew the GHG permit; or approve any later work program for the GHG permit.\n(sec.46-ssec.3) However, excluded land can not be a whole block.\n(sec.46-ssec.4) Excluded land may be described in a way the Minister considers appropriate, including for example, by area or by reference to a stated type of land.\n(sec.46-ssec.5) Land ceases to be excluded land for a GHG permit if— the block in which the land is located is relinquished or for any other reason ceases to be in the permit’s area; or a GHG lease is granted over any of the GHG permit’s area and the land is excluded land for the lease.\n- (a) grant or renew the GHG permit; or\n- (b) approve any later work program for the GHG permit.\n- (a) the block in which the land is located is relinquished or for any other reason ceases to be in the permit’s area; or\n- (b) a GHG lease is granted over any of the GHG permit’s area and the land is excluded land for the lease.","sortOrder":61},{"sectionNumber":"sec.47","sectionType":"section","heading":"Minister may add excluded land","content":"### sec.47 Minister may add excluded land\n\nThe Minister may amend a GHG permit by adding excluded land for the GHG permit to its area only if—\nthe GHG permit as amended complies with section 44 ; and\nthe GHG permit holder consents.\nIf land mentioned in subsection (1) is added to the GHG permit’s area the land ceases to be excluded land for the permit.\nThe Minister may amend the provisions of the GHG permit in a way that reflects the inclusion of the excluded land.\nAlso, the Minister may give the GHG permit holder a notice—\nwithdrawing from a stated day, the approval of the work program for the GHG permit; and\ndirecting the holder to give the Minister a proposed later work program for the GHG permit that—\ncomplies with the later work program requirements; and\nchanges the work program for the GHG permit to reflect the inclusion of the excluded land.\nFor other relevant provisions about giving a document to the Minister, see section 411 .\nThe amended provisions of the GHG permit or the proposed later work program must not be—\ninconsistent with the mandatory conditions for GHG permits; or\nthe same as or substantially the same as or inconsistent with any relevant environmental condition.\ns 47 amd 2012 No. 20 s 281 sch 2\n(sec.47-ssec.1) The Minister may amend a GHG permit by adding excluded land for the GHG permit to its area only if— the GHG permit as amended complies with section 44 ; and the GHG permit holder consents.\n(sec.47-ssec.2) If land mentioned in subsection (1) is added to the GHG permit’s area the land ceases to be excluded land for the permit.\n(sec.47-ssec.3) The Minister may amend the provisions of the GHG permit in a way that reflects the inclusion of the excluded land.\n(sec.47-ssec.4) Also, the Minister may give the GHG permit holder a notice— withdrawing from a stated day, the approval of the work program for the GHG permit; and directing the holder to give the Minister a proposed later work program for the GHG permit that— complies with the later work program requirements; and changes the work program for the GHG permit to reflect the inclusion of the excluded land. For other relevant provisions about giving a document to the Minister, see section 411 .\n(sec.47-ssec.5) The amended provisions of the GHG permit or the proposed later work program must not be— inconsistent with the mandatory conditions for GHG permits; or the same as or substantially the same as or inconsistent with any relevant environmental condition.\n- (a) the GHG permit as amended complies with section 44 ; and\n- (b) the GHG permit holder consents.\n- (a) withdrawing from a stated day, the approval of the work program for the GHG permit; and\n- (b) directing the holder to give the Minister a proposed later work program for the GHG permit that— (i) complies with the later work program requirements; and (ii) changes the work program for the GHG permit to reflect the inclusion of the excluded land.\n- (i) complies with the later work program requirements; and\n- (ii) changes the work program for the GHG permit to reflect the inclusion of the excluded land.\n- (i) complies with the later work program requirements; and\n- (ii) changes the work program for the GHG permit to reflect the inclusion of the excluded land.\n- (a) inconsistent with the mandatory conditions for GHG permits; or\n- (b) the same as or substantially the same as or inconsistent with any relevant environmental condition.","sortOrder":62},{"sectionNumber":"sec.48","sectionType":"section","heading":"Area of GHG permit reduced on grant of GHG lease","content":"### sec.48 Area of GHG permit reduced on grant of GHG lease\n\nLand ceases to be included in the area of a GHG permit if a GHG lease is granted to the permit holder over the land.\nIf a GHG lease is granted to the GHG permit holder over all of the area of a GHG permit, the permit ends.\n(sec.48-ssec.1) Land ceases to be included in the area of a GHG permit if a GHG lease is granted to the permit holder over the land.\n(sec.48-ssec.2) If a GHG lease is granted to the GHG permit holder over all of the area of a GHG permit, the permit ends.","sortOrder":63},{"sectionNumber":"sec.49","sectionType":"section","heading":"Effect of ending of declaration of potential storage area","content":"### sec.49 Effect of ending of declaration of potential storage area\n\nThis section applies if—\nall or part of the area of a GHG permit is a potential storage area; and\nthe declaration of the potential storage area ends more than 12 years after the GHG permit originally took effect.\nIf the declaration applied to a part of the GHG permit’s area, the part ceases to be included in the area.\nIf the declaration applies to all of the GHG permit’s area, the permit ends.\n(sec.49-ssec.1) This section applies if— all or part of the area of a GHG permit is a potential storage area; and the declaration of the potential storage area ends more than 12 years after the GHG permit originally took effect.\n(sec.49-ssec.2) If the declaration applied to a part of the GHG permit’s area, the part ceases to be included in the area.\n(sec.49-ssec.3) If the declaration applies to all of the GHG permit’s area, the permit ends.\n- (a) all or part of the area of a GHG permit is a potential storage area; and\n- (b) the declaration of the potential storage area ends more than 12 years after the GHG permit originally took effect.","sortOrder":64},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Work programs","content":"# Work programs","sortOrder":65},{"sectionNumber":"ch.2-pt.4-div.1","sectionType":"division","heading":"Function and purpose","content":"## Function and purpose","sortOrder":66},{"sectionNumber":"sec.50","sectionType":"section","heading":"Function and purpose","content":"### sec.50 Function and purpose\n\nThe work program for a GHG permit gives detailed information about the nature and extent of activities to be carried out under the permit.\nThe purposes of giving the information are to—\nallow resource management decisions to be made; and\nensure appropriate development of the GHG permit.\n(sec.50-ssec.1) The work program for a GHG permit gives detailed information about the nature and extent of activities to be carried out under the permit.\n(sec.50-ssec.2) The purposes of giving the information are to— allow resource management decisions to be made; and ensure appropriate development of the GHG permit.\n- (a) allow resource management decisions to be made; and\n- (b) ensure appropriate development of the GHG permit.","sortOrder":67},{"sectionNumber":"ch.2-pt.4-div.2","sectionType":"division","heading":"Requirements for proposed initial work programs","content":"## Requirements for proposed initial work programs","sortOrder":68},{"sectionNumber":"sec.51","sectionType":"section","heading":"Operation of div 2","content":"### sec.51 Operation of div 2\n\nThis division provides for requirements (the initial work program requirements ) for a proposed work program for a proposed GHG permit.","sortOrder":69},{"sectionNumber":"sec.52","sectionType":"section","heading":"Program period","content":"### sec.52 Program period\n\nThe proposed program must state its period.\nThe period must be the same as the required period under the relevant call for tenders.\n(sec.52-ssec.1) The proposed program must state its period.\n(sec.52-ssec.2) The period must be the same as the required period under the relevant call for tenders.","sortOrder":70},{"sectionNumber":"sec.53","sectionType":"section","heading":"General requirements","content":"### sec.53 General requirements\n\nThe proposed program must provide for all of the following—\nan overview of the activities proposed to be carried out under the proposed GHG permit during all of its term;\nfor each year of the program period—\nthe extent and nature of GHG storage exploration proposed to be carried out during the year; and\ngenerally where the activities are proposed to be carried out; and\nthe estimated cost of the activities;\nmaps that show where the activities are proposed to be carried out;\nthe composition of GHG streams proposed to be injected under the GHG permit;\na description of any pipeline land for the GHG permit;\nreasons why the program is considered appropriate;\nanother matter prescribed under a regulation.\nThe proposed program may include any other information relevant to the work program criteria.\nThe composition of GHG streams to be injected under the proposed GHG permit must comply with section 83 .\nA regulation may impose requirements about the form of the work program.\nIn this section—\nyear , of the program period, means—\nthe period starting on the day the program period starts and ending on the first anniversary of that day; and\neach subsequent period of 12 months or less during the program period starting on each anniversary of that day and ending on—\nthe next anniversary of that day; or\nif the program period ends before the next anniversary—the day the program period ends.\n(sec.53-ssec.1) The proposed program must provide for all of the following— an overview of the activities proposed to be carried out under the proposed GHG permit during all of its term; for each year of the program period— the extent and nature of GHG storage exploration proposed to be carried out during the year; and generally where the activities are proposed to be carried out; and the estimated cost of the activities; maps that show where the activities are proposed to be carried out; the composition of GHG streams proposed to be injected under the GHG permit; a description of any pipeline land for the GHG permit; reasons why the program is considered appropriate; another matter prescribed under a regulation.\n(sec.53-ssec.2) The proposed program may include any other information relevant to the work program criteria.\n(sec.53-ssec.3) The composition of GHG streams to be injected under the proposed GHG permit must comply with section 83 .\n(sec.53-ssec.4) A regulation may impose requirements about the form of the work program.\n(sec.53-ssec.5) In this section— year , of the program period, means— the period starting on the day the program period starts and ending on the first anniversary of that day; and each subsequent period of 12 months or less during the program period starting on each anniversary of that day and ending on— the next anniversary of that day; or if the program period ends before the next anniversary—the day the program period ends.\n- (a) an overview of the activities proposed to be carried out under the proposed GHG permit during all of its term;\n- (b) for each year of the program period— (i) the extent and nature of GHG storage exploration proposed to be carried out during the year; and (ii) generally where the activities are proposed to be carried out; and (iii) the estimated cost of the activities;\n- (i) the extent and nature of GHG storage exploration proposed to be carried out during the year; and\n- (ii) generally where the activities are proposed to be carried out; and\n- (iii) the estimated cost of the activities;\n- (c) maps that show where the activities are proposed to be carried out;\n- (d) the composition of GHG streams proposed to be injected under the GHG permit;\n- (e) a description of any pipeline land for the GHG permit;\n- (f) reasons why the program is considered appropriate;\n- (g) another matter prescribed under a regulation.\n- (i) the extent and nature of GHG storage exploration proposed to be carried out during the year; and\n- (ii) generally where the activities are proposed to be carried out; and\n- (iii) the estimated cost of the activities;\n- (a) the period starting on the day the program period starts and ending on the first anniversary of that day; and\n- (b) each subsequent period of 12 months or less during the program period starting on each anniversary of that day and ending on— (i) the next anniversary of that day; or (ii) if the program period ends before the next anniversary—the day the program period ends.\n- (i) the next anniversary of that day; or\n- (ii) if the program period ends before the next anniversary—the day the program period ends.\n- (i) the next anniversary of that day; or\n- (ii) if the program period ends before the next anniversary—the day the program period ends.","sortOrder":71},{"sectionNumber":"sec.54","sectionType":"section","heading":"Water issues","content":"### sec.54 Water issues\n\nIn preparing the proposed work program, the proposed GHG permit holder must have regard to potential groundwater issues.\nThe proposed work program must include a plan for the treatment and disposal of any water taken or that may be taken because of the carrying out of authorised activities for the proposed GHG permit.\n(sec.54-ssec.1) In preparing the proposed work program, the proposed GHG permit holder must have regard to potential groundwater issues.\n(sec.54-ssec.2) The proposed work program must include a plan for the treatment and disposal of any water taken or that may be taken because of the carrying out of authorised activities for the proposed GHG permit.","sortOrder":72},{"sectionNumber":"ch.2-pt.4-div.3","sectionType":"division","heading":"Approval of proposed initial work programs","content":"## Approval of proposed initial work programs","sortOrder":73},{"sectionNumber":"sec.55","sectionType":"section","heading":"Criteria","content":"### sec.55 Criteria\n\nIn deciding whether to approve a proposed initial work program the Minister must consider—\nthe potential of the proposed area of the GHG permit for GHG storage exploration; and\nthe extent and nature of and when and where the tenderer proposes to carry out the proposed GHG storage exploration; and\nany relevant authorisation required under the Water Act .\nThe matters mentioned in subsection (1) are the work program criteria .\n(sec.55-ssec.1) In deciding whether to approve a proposed initial work program the Minister must consider— the potential of the proposed area of the GHG permit for GHG storage exploration; and the extent and nature of and when and where the tenderer proposes to carry out the proposed GHG storage exploration; and any relevant authorisation required under the Water Act .\n(sec.55-ssec.2) The matters mentioned in subsection (1) are the work program criteria .\n- (a) the potential of the proposed area of the GHG permit for GHG storage exploration; and\n- (b) the extent and nature of and when and where the tenderer proposes to carry out the proposed GHG storage exploration; and\n- (c) any relevant authorisation required under the Water Act .","sortOrder":74},{"sectionNumber":"sec.56","sectionType":"section","heading":"Verification may be required","content":"### sec.56 Verification may be required\n\nThe Minister may by notice require the applicant to give the Minister within a stated reasonable period a document made by an appropriately qualified independent person that verifies—\nan assessment of data supplied in the proposed initial work program; or\nthe source of the data; or\nthe work done for the proposed program; or\nthat, in the person’s opinion, the applicant has—\nthe financial and technical resources to carry out authorised activities for the proposed GHG permit; and\nthe ability to manage GHG storage exploration.\nIf the applicant does not comply with the requirement, the Minister may refuse to approve the proposed program.\nThe applicant must pay any costs incurred in complying with the requirement.\ns 56 amd 2010 No. 31 s 414\n(sec.56-ssec.1) The Minister may by notice require the applicant to give the Minister within a stated reasonable period a document made by an appropriately qualified independent person that verifies— an assessment of data supplied in the proposed initial work program; or the source of the data; or the work done for the proposed program; or that, in the person’s opinion, the applicant has— the financial and technical resources to carry out authorised activities for the proposed GHG permit; and the ability to manage GHG storage exploration.\n(sec.56-ssec.2) If the applicant does not comply with the requirement, the Minister may refuse to approve the proposed program.\n(sec.56-ssec.3) The applicant must pay any costs incurred in complying with the requirement.\n- (a) an assessment of data supplied in the proposed initial work program; or\n- (b) the source of the data; or\n- (c) the work done for the proposed program; or\n- (d) that, in the person’s opinion, the applicant has— (i) the financial and technical resources to carry out authorised activities for the proposed GHG permit; and (ii) the ability to manage GHG storage exploration.\n- (i) the financial and technical resources to carry out authorised activities for the proposed GHG permit; and\n- (ii) the ability to manage GHG storage exploration.\n- (i) the financial and technical resources to carry out authorised activities for the proposed GHG permit; and\n- (ii) the ability to manage GHG storage exploration.","sortOrder":75},{"sectionNumber":"sec.57","sectionType":"section","heading":"Referral to Water Act Minister","content":"### sec.57 Referral to Water Act Minister\n\nThe Minister can not approve the proposed work program unless—\nthe Minister has given the Water Act Minister a copy of the proposed work program; and\nthe Water Act Minister has approved the proposed work program to the extent it relates to potential groundwater issues.\n- (a) the Minister has given the Water Act Minister a copy of the proposed work program; and\n- (b) the Water Act Minister has approved the proposed work program to the extent it relates to potential groundwater issues.","sortOrder":76},{"sectionNumber":"ch.2-pt.4-div.4","sectionType":"division","heading":"Requirements for proposed later work programs","content":"## Requirements for proposed later work programs","sortOrder":77},{"sectionNumber":"sec.58","sectionType":"section","heading":"Operation of div 4","content":"### sec.58 Operation of div 4\n\nThis division provides for requirements (the later work program requirements ) for a proposed later work program for a GHG permit.\nFor the requirements to give a proposed later work program, see sections 91 (Obligation to give proposed later work program), 138 (Minister may add excluded land) and 379 (Types of noncompliance action that may be taken).","sortOrder":78},{"sectionNumber":"sec.59","sectionType":"section","heading":"General requirements","content":"### sec.59 General requirements\n\nThe proposed program must—\nother than for the program period, comply with the initial work program requirements; and\nstate the extent to which the current work program for the GHG permit has been complied with; and\nif there have been any amendments to the GHG permit or the current work program, state—\nwhether the changes have been incorporated in the proposed program; and\nany effect the changes have on the proposed program; and\nstate the effect of the discovery of any GHG stream storage site on the proposed program.\n- (a) other than for the program period, comply with the initial work program requirements; and\n- (b) state the extent to which the current work program for the GHG permit has been complied with; and\n- (c) if there have been any amendments to the GHG permit or the current work program, state— (i) whether the changes have been incorporated in the proposed program; and (ii) any effect the changes have on the proposed program; and\n- (i) whether the changes have been incorporated in the proposed program; and\n- (ii) any effect the changes have on the proposed program; and\n- (d) state the effect of the discovery of any GHG stream storage site on the proposed program.\n- (i) whether the changes have been incorporated in the proposed program; and\n- (ii) any effect the changes have on the proposed program; and","sortOrder":79},{"sectionNumber":"sec.60","sectionType":"section","heading":"Program period","content":"### sec.60 Program period\n\nThe proposed program must state its period.\nThe period must not be longer than—\nif the term of the rest, or the renewed term, of the GHG permit is less than 4 years—the rest of its term or renewed term; or\nif the term of the rest, or the renewed term, of the GHG permit is 4 years or more, the following—\ngenerally—4 years from the start of the period;\nif the Minister approves a longer period—the longer period.\nHowever, the Minister can not approve a period longer than the rest of the term or renewed term of the GHG permit.\n(sec.60-ssec.1) The proposed program must state its period.\n(sec.60-ssec.2) The period must not be longer than— if the term of the rest, or the renewed term, of the GHG permit is less than 4 years—the rest of its term or renewed term; or if the term of the rest, or the renewed term, of the GHG permit is 4 years or more, the following— generally—4 years from the start of the period; if the Minister approves a longer period—the longer period.\n(sec.60-ssec.3) However, the Minister can not approve a period longer than the rest of the term or renewed term of the GHG permit.\n- (a) if the term of the rest, or the renewed term, of the GHG permit is less than 4 years—the rest of its term or renewed term; or\n- (b) if the term of the rest, or the renewed term, of the GHG permit is 4 years or more, the following— (i) generally—4 years from the start of the period; (ii) if the Minister approves a longer period—the longer period.\n- (i) generally—4 years from the start of the period;\n- (ii) if the Minister approves a longer period—the longer period.\n- (i) generally—4 years from the start of the period;\n- (ii) if the Minister approves a longer period—the longer period.","sortOrder":80},{"sectionNumber":"sec.61","sectionType":"section","heading":"Implementation of evaluation program for potential storage area","content":"### sec.61 Implementation of evaluation program for potential storage area\n\nIf under section 103 , an evaluation program is taken to be an additional part of the existing work program for the GHG permit, the proposed program must include work necessary to implement the evaluation program for the period of that program.","sortOrder":81},{"sectionNumber":"ch.2-pt.4-div.5","sectionType":"division","heading":"Approval of proposed later work programs","content":"## Approval of proposed later work programs","sortOrder":82},{"sectionNumber":"sec.62","sectionType":"section","heading":"Application of div 5","content":"### sec.62 Application of div 5\n\nThis division applies if, under this Act, a proposed later work program is given to the Minister for approval.","sortOrder":83},{"sectionNumber":"sec.63","sectionType":"section","heading":"GHG permit taken to have work program until decision on whether to approve proposed work program","content":"### sec.63 GHG permit taken to have work program until decision on whether to approve proposed work program\n\nThis section applies until—\nif the approval is given—the holder is given notice of the approval; or\nif the approval is refused—when the refusal takes effect.\nDespite the ending of the program period for the current work program for the GHG permit—\nthe GHG permit is taken to have a work program; and\nthe holder may carry out any authorised activity for the GHG permit.\n(sec.63-ssec.1) This section applies until— if the approval is given—the holder is given notice of the approval; or if the approval is refused—when the refusal takes effect.\n(sec.63-ssec.2) Despite the ending of the program period for the current work program for the GHG permit— the GHG permit is taken to have a work program; and the holder may carry out any authorised activity for the GHG permit.\n- (a) if the approval is given—the holder is given notice of the approval; or\n- (b) if the approval is refused—when the refusal takes effect.\n- (a) the GHG permit is taken to have a work program; and\n- (b) the holder may carry out any authorised activity for the GHG permit.","sortOrder":84},{"sectionNumber":"sec.64","sectionType":"section","heading":"Deciding whether to approve proposed program","content":"### sec.64 Deciding whether to approve proposed program\n\nThe Minister may approve or refuse to approve the proposed program.\nIn deciding whether to approve the proposed program the Minister must consider each of the following—\nthe work program criteria and capability criteria and any special criteria that applied for deciding the application for the GHG permit;\nthe extent to which the current work program has been complied with;\nany amendments made to the GHG permit or its current work program and the reasons for the changes;\nany GHG storage viability report or independent viability assessment for the GHG permit.\nAlso, if the GHG permit was granted in response to a tender, any other work program proposed by other tenderers for the permit must be considered.\nHowever, subsection (3) applies only to the extent the other program includes the period of the proposed plan.\n(sec.64-ssec.1) The Minister may approve or refuse to approve the proposed program.\n(sec.64-ssec.2) In deciding whether to approve the proposed program the Minister must consider each of the following— the work program criteria and capability criteria and any special criteria that applied for deciding the application for the GHG permit; the extent to which the current work program has been complied with; any amendments made to the GHG permit or its current work program and the reasons for the changes; any GHG storage viability report or independent viability assessment for the GHG permit.\n(sec.64-ssec.3) Also, if the GHG permit was granted in response to a tender, any other work program proposed by other tenderers for the permit must be considered.\n(sec.64-ssec.4) However, subsection (3) applies only to the extent the other program includes the period of the proposed plan.\n- (a) the work program criteria and capability criteria and any special criteria that applied for deciding the application for the GHG permit;\n- (b) the extent to which the current work program has been complied with;\n- (c) any amendments made to the GHG permit or its current work program and the reasons for the changes;\n- (d) any GHG storage viability report or independent viability assessment for the GHG permit.","sortOrder":85},{"sectionNumber":"sec.65","sectionType":"section","heading":"Steps after, and taking effect of, decision","content":"### sec.65 Steps after, and taking effect of, decision\n\nIf the Minister decides to approve the proposed later work program, the Minister must give the holder notice of the decision.\nIf the Minister decides to refuse to approve the later work program, the Minister must give the holder an information notice about the decision.\nAn approval takes effect when the holder is given the notice or if the notice states a later day of effect, on that later day.\nA refusal does not take effect until the end of the appeal period for the decision to refuse.\n(sec.65-ssec.1) If the Minister decides to approve the proposed later work program, the Minister must give the holder notice of the decision.\n(sec.65-ssec.2) If the Minister decides to refuse to approve the later work program, the Minister must give the holder an information notice about the decision.\n(sec.65-ssec.3) An approval takes effect when the holder is given the notice or if the notice states a later day of effect, on that later day.\n(sec.65-ssec.4) A refusal does not take effect until the end of the appeal period for the decision to refuse.","sortOrder":86},{"sectionNumber":"ch.2-pt.4-div.6","sectionType":"division","heading":"Amending work programs","content":"## Amending work programs","sortOrder":87},{"sectionNumber":"sec.66","sectionType":"section","heading":"Restrictions on amending work program","content":"### sec.66 Restrictions on amending work program\n\nA GHG permit holder may amend the work program for the permit only if—\nan application for approval of the amendment has been made under this division and the amendment has been approved under this division; and\nif the amendment is to extend the period of the work program—the requirements under subsection (2) have been complied with.\nFor subsection (1) (b) , the requirements are each of the following—\nif the work program is the initial work program for the GHG permit—the Minister must be satisfied the work program needs to be amended for a reason beyond the holder’s control;\nthe period of the work program, or any earlier work program for the GHG permit, must not have previously been extended;\nthe extension can not be for a term that ends later than—\n1 year after the current period of the work program; or\n12 years after the GHG permit originally took effect;\nwithin 3 months before the making of the application—\na person (the designated person ) became a holder of the GHG permit; or\na person (also the designated person ) obtained registration of a transfer of a share in the GHG permit;\nthe share or proposed share of the designated person in the GHG permit is at least 50%;\nthe designated person is not under the Corporations Act , section 64B , an entity connected with another person who is a holder of the GHG permit.\n(sec.66-ssec.1) A GHG permit holder may amend the work program for the permit only if— an application for approval of the amendment has been made under this division and the amendment has been approved under this division; and if the amendment is to extend the period of the work program—the requirements under subsection (2) have been complied with.\n(sec.66-ssec.2) For subsection (1) (b) , the requirements are each of the following— if the work program is the initial work program for the GHG permit—the Minister must be satisfied the work program needs to be amended for a reason beyond the holder’s control; the period of the work program, or any earlier work program for the GHG permit, must not have previously been extended; the extension can not be for a term that ends later than— 1 year after the current period of the work program; or 12 years after the GHG permit originally took effect; within 3 months before the making of the application— a person (the designated person ) became a holder of the GHG permit; or a person (also the designated person ) obtained registration of a transfer of a share in the GHG permit; the share or proposed share of the designated person in the GHG permit is at least 50%; the designated person is not under the Corporations Act , section 64B , an entity connected with another person who is a holder of the GHG permit.\n- (a) an application for approval of the amendment has been made under this division and the amendment has been approved under this division; and\n- (b) if the amendment is to extend the period of the work program—the requirements under subsection (2) have been complied with.\n- (a) if the work program is the initial work program for the GHG permit—the Minister must be satisfied the work program needs to be amended for a reason beyond the holder’s control;\n- (b) the period of the work program, or any earlier work program for the GHG permit, must not have previously been extended;\n- (c) the extension can not be for a term that ends later than— (i) 1 year after the current period of the work program; or (ii) 12 years after the GHG permit originally took effect;\n- (i) 1 year after the current period of the work program; or\n- (ii) 12 years after the GHG permit originally took effect;\n- (d) within 3 months before the making of the application— (i) a person (the designated person ) became a holder of the GHG permit; or (ii) a person (also the designated person ) obtained registration of a transfer of a share in the GHG permit;\n- (i) a person (the designated person ) became a holder of the GHG permit; or\n- (ii) a person (also the designated person ) obtained registration of a transfer of a share in the GHG permit;\n- (e) the share or proposed share of the designated person in the GHG permit is at least 50%;\n- (f) the designated person is not under the Corporations Act , section 64B , an entity connected with another person who is a holder of the GHG permit.\n- (i) 1 year after the current period of the work program; or\n- (ii) 12 years after the GHG permit originally took effect;\n- (i) a person (the designated person ) became a holder of the GHG permit; or\n- (ii) a person (also the designated person ) obtained registration of a transfer of a share in the GHG permit;","sortOrder":88},{"sectionNumber":"sec.67","sectionType":"section","heading":"Applying for approval to amend","content":"### sec.67 Applying for approval to amend\n\nA GHG permit holder may apply for approval to amend the work program for the permit.\nHowever, the application can not be made less than 20 business days before the end of the period stated in the work program for carrying out work under the program.\nSubsection (2) does not apply if the Minister is satisfied the work program needs to be amended for a reason beyond the holder’s control.\nFor other relevant provisions about applications, see chapter 7 , part 1 .\ns 67 amd 2012 No. 20 s 281 sch 2\n(sec.67-ssec.1) A GHG permit holder may apply for approval to amend the work program for the permit.\n(sec.67-ssec.2) However, the application can not be made less than 20 business days before the end of the period stated in the work program for carrying out work under the program.\n(sec.67-ssec.3) Subsection (2) does not apply if the Minister is satisfied the work program needs to be amended for a reason beyond the holder’s control. For other relevant provisions about applications, see chapter 7 , part 1 .","sortOrder":89},{"sectionNumber":"sec.68","sectionType":"section","heading":"Requirements for making application","content":"### sec.68 Requirements for making application\n\nThe application must be—\nmade to the Minister in the approved form; and\naccompanied by the fee prescribed under a regulation.\n- (a) made to the Minister in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation.","sortOrder":90},{"sectionNumber":"sec.69","sectionType":"section","heading":"Deciding application","content":"### sec.69 Deciding application\n\nIf the proposed amendment—\ndoes not relate to the initial work program for the GHG permit; and\nis to substitute the carrying out of an authorised activity (the original activity ) with another authorised activity;\nthe Minister may approve the amendment only if satisfied the other activity is at least of an equivalent use for GHG storage exploration as the original activity.\nIf the application is to extend the period of the work program for the GHG permit, the Minister may approve the amendment only if satisfied—\nthe requirements under section 66 (2) have been complied with; and\nthe designated person mentioned in section 66 (2) is likely to provide additional financial or technical resources for the GHG permit; and\nthe work program will be finished within the period of the extension.\nFor additional provisions about relinquishment if the period is extended, see sections 72 (1) (c) and 90 .\nOtherwise, the Minister may approve the amendment only if satisfied it is necessary because of a circumstance—\nnot related to—\nthe applicant’s financial or technical resources or ability to manage GHG storage exploration; or\nthe results of exploration; and\nthe happening of which is or was beyond the applicant’s control; and\nthat could not have been prevented by a reasonable person in the applicant’s position.\nAlso, if the amendment is approved under subsection (3) , any relinquishment day for the GHG permit may be deferred for a period relating to a circumstance mentioned in subsection (3) .\nA deferral under subsection (4) —\ncan not be for longer than 12 years after the GHG permit took effect; and\ndoes not defer any later relinquishment day for the GHG permit.\nIf under this section an amendment is approved, a condition may be imposed on the GHG permit requiring its holder to relinquish by a notice to the chief executive at least a stated percentage of the permit’s area on or before a stated day.\n(sec.69-ssec.1) If the proposed amendment— does not relate to the initial work program for the GHG permit; and is to substitute the carrying out of an authorised activity (the original activity ) with another authorised activity; the Minister may approve the amendment only if satisfied the other activity is at least of an equivalent use for GHG storage exploration as the original activity.\n(sec.69-ssec.2) If the application is to extend the period of the work program for the GHG permit, the Minister may approve the amendment only if satisfied— the requirements under section 66 (2) have been complied with; and the designated person mentioned in section 66 (2) is likely to provide additional financial or technical resources for the GHG permit; and the work program will be finished within the period of the extension. For additional provisions about relinquishment if the period is extended, see sections 72 (1) (c) and 90 .\n(sec.69-ssec.3) Otherwise, the Minister may approve the amendment only if satisfied it is necessary because of a circumstance— not related to— the applicant’s financial or technical resources or ability to manage GHG storage exploration; or the results of exploration; and the happening of which is or was beyond the applicant’s control; and that could not have been prevented by a reasonable person in the applicant’s position.\n(sec.69-ssec.4) Also, if the amendment is approved under subsection (3) , any relinquishment day for the GHG permit may be deferred for a period relating to a circumstance mentioned in subsection (3) .\n(sec.69-ssec.5) A deferral under subsection (4) — can not be for longer than 12 years after the GHG permit took effect; and does not defer any later relinquishment day for the GHG permit.\n(sec.69-ssec.6) If under this section an amendment is approved, a condition may be imposed on the GHG permit requiring its holder to relinquish by a notice to the chief executive at least a stated percentage of the permit’s area on or before a stated day.\n- (a) does not relate to the initial work program for the GHG permit; and\n- (b) is to substitute the carrying out of an authorised activity (the original activity ) with another authorised activity;\n- (a) the requirements under section 66 (2) have been complied with; and\n- (b) the designated person mentioned in section 66 (2) is likely to provide additional financial or technical resources for the GHG permit; and\n- (c) the work program will be finished within the period of the extension.\n- (a) not related to— (i) the applicant’s financial or technical resources or ability to manage GHG storage exploration; or (ii) the results of exploration; and\n- (i) the applicant’s financial or technical resources or ability to manage GHG storage exploration; or\n- (ii) the results of exploration; and\n- (b) the happening of which is or was beyond the applicant’s control; and\n- (c) that could not have been prevented by a reasonable person in the applicant’s position.\n- (i) the applicant’s financial or technical resources or ability to manage GHG storage exploration; or\n- (ii) the results of exploration; and\n- (a) can not be for longer than 12 years after the GHG permit took effect; and\n- (b) does not defer any later relinquishment day for the GHG permit.","sortOrder":91},{"sectionNumber":"sec.70","sectionType":"section","heading":"Steps after, and taking effect of, decision","content":"### sec.70 Steps after, and taking effect of, decision\n\nIf the Minister decides to approve the proposed amendment, the Minister must give the holder notice of the decision.\nIf the Minister decides to refuse to approve the proposed amendment, the Minister must give the applicant an information notice about the decision.\nThe refusal takes effect when the holder is given the notice or if the notice states a later day of effect, on that later day.\n(sec.70-ssec.1) If the Minister decides to approve the proposed amendment, the Minister must give the holder notice of the decision.\n(sec.70-ssec.2) If the Minister decides to refuse to approve the proposed amendment, the Minister must give the applicant an information notice about the decision.\n(sec.70-ssec.3) The refusal takes effect when the holder is given the notice or if the notice states a later day of effect, on that later day.","sortOrder":92},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Key mandatory conditions","content":"# Key mandatory conditions","sortOrder":93},{"sectionNumber":"ch.2-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":94},{"sectionNumber":"sec.71","sectionType":"section","heading":"Operation of pt 5","content":"### sec.71 Operation of pt 5\n\nThis part provides for particular mandatory conditions for GHG permits.","sortOrder":95},{"sectionNumber":"ch.2-pt.5-div.2","sectionType":"division","heading":"Standard relinquishment condition and related provisions","content":"## Standard relinquishment condition and related provisions","sortOrder":96},{"sectionNumber":"sec.72","sectionType":"section","heading":"Standard relinquishment condition","content":"### sec.72 Standard relinquishment condition\n\nIt is a condition (the relinquishment condition ) of each GHG permit that its holder must relinquish part of its area as provided for under this division—\non or before each of its relinquishment days; and\nif section 76 (3) applies—on the day provided for under that subsection; and\nif under part 4 , division 6 , the period of the work program for the GHG permit has been extended—the day on which the extended period ends.\nHowever, if under section 69 (4) , a relinquishment day for the GHG permit (the original day ) is deferred for a stated period, for the relinquishment condition—\nthe relinquishment that was required on or before the original day is taken to have been deferred until the end of the stated period; but\nthe relinquishments required under the relinquishment condition on any later relinquishment days for the GHG permit must be made as if the deferral has not been granted.\nA relinquishment required under the relinquishment condition—\nmust be made by notice to the chief executive (a relinquishment notice ); and\ntakes effect on the day after the notice is given.\nThis section does not prevent the holder from relinquishing by relinquishment notice more than the part provided for under this division.\ns 72 amd 2010 No. 31 s 408 sch 2 pt 1\n(sec.72-ssec.1) It is a condition (the relinquishment condition ) of each GHG permit that its holder must relinquish part of its area as provided for under this division— on or before each of its relinquishment days; and if section 76 (3) applies—on the day provided for under that subsection; and if under part 4 , division 6 , the period of the work program for the GHG permit has been extended—the day on which the extended period ends.\n(sec.72-ssec.2) However, if under section 69 (4) , a relinquishment day for the GHG permit (the original day ) is deferred for a stated period, for the relinquishment condition— the relinquishment that was required on or before the original day is taken to have been deferred until the end of the stated period; but the relinquishments required under the relinquishment condition on any later relinquishment days for the GHG permit must be made as if the deferral has not been granted.\n(sec.72-ssec.3) A relinquishment required under the relinquishment condition— must be made by notice to the chief executive (a relinquishment notice ); and takes effect on the day after the notice is given.\n(sec.72-ssec.4) This section does not prevent the holder from relinquishing by relinquishment notice more than the part provided for under this division.\n- (a) on or before each of its relinquishment days; and\n- (b) if section 76 (3) applies—on the day provided for under that subsection; and\n- (c) if under part 4 , division 6 , the period of the work program for the GHG permit has been extended—the day on which the extended period ends.\n- (a) the relinquishment that was required on or before the original day is taken to have been deferred until the end of the stated period; but\n- (b) the relinquishments required under the relinquishment condition on any later relinquishment days for the GHG permit must be made as if the deferral has not been granted.\n- (a) must be made by notice to the chief executive (a relinquishment notice ); and\n- (b) takes effect on the day after the notice is given.","sortOrder":97},{"sectionNumber":"sec.73","sectionType":"section","heading":"Consequence of failure to comply with relinquishment condition","content":"### sec.73 Consequence of failure to comply with relinquishment condition\n\nIf the holder of a GHG permit does not comply with the relinquishment condition, the Minister must give the holder a notice requiring the holder to comply with the condition within 20 business days after the giving of the notice.\nIf the holder does not comply with the requirement, the GHG permit is cancelled.\n(sec.73-ssec.1) If the holder of a GHG permit does not comply with the relinquishment condition, the Minister must give the holder a notice requiring the holder to comply with the condition within 20 business days after the giving of the notice.\n(sec.73-ssec.2) If the holder does not comply with the requirement, the GHG permit is cancelled.","sortOrder":98},{"sectionNumber":"sec.74","sectionType":"section","heading":"Part usually required to be relinquished","content":"### sec.74 Part usually required to be relinquished\n\nThis section applies for the relinquishment for—\neach relinquishment day for the GHG permit; and\nany other day mentioned in section 72 (1) (b) or (c) that applies to the GHG permit.\nThe relinquishment must have the effect that by the day at least 8.33% of the original sub-blocks of the permit have been relinquished for each year that has passed since the GHG permit originally took effect.\nThis section is subject to sections 76 and 77 .\n(sec.74-ssec.1) This section applies for the relinquishment for— each relinquishment day for the GHG permit; and any other day mentioned in section 72 (1) (b) or (c) that applies to the GHG permit.\n(sec.74-ssec.2) The relinquishment must have the effect that by the day at least 8.33% of the original sub-blocks of the permit have been relinquished for each year that has passed since the GHG permit originally took effect.\n(sec.74-ssec.3) This section is subject to sections 76 and 77 .\n- (a) each relinquishment day for the GHG permit; and\n- (b) any other day mentioned in section 72 (1) (b) or (c) that applies to the GHG permit.","sortOrder":99},{"sectionNumber":"sec.75","sectionType":"section","heading":"Sub-blocks that can not be counted towards relinquishment","content":"### sec.75 Sub-blocks that can not be counted towards relinquishment\n\nThe following can not be counted as sub-blocks relinquished for the relinquishment condition—\nsub-blocks relinquished under a condition imposed under section 69 (6) ;\nsub-blocks in an area that under section 48 , have ceased to be included in the GHG permit;\nthe mere declaration of the sub-blocks as a potential storage area for the GHG permit;\nsub-blocks the subject of an application for a GHG lease or potential storage area;\nsub-blocks relinquished under a penalty relinquishment.\nTo remove any doubt, it is declared that a potential storage area can be relinquished and can be counted as an area relinquished for the relinquishment condition.\nIn this section—\npenalty relinquishment means a relinquishment that is—\nmade under section 90 or under a requirement under section 379 (1) (b) ; and\nmore than the sub-blocks required to be relinquished under the relinquishment condition.\n(sec.75-ssec.1) The following can not be counted as sub-blocks relinquished for the relinquishment condition— sub-blocks relinquished under a condition imposed under section 69 (6) ; sub-blocks in an area that under section 48 , have ceased to be included in the GHG permit; the mere declaration of the sub-blocks as a potential storage area for the GHG permit; sub-blocks the subject of an application for a GHG lease or potential storage area; sub-blocks relinquished under a penalty relinquishment.\n(sec.75-ssec.2) To remove any doubt, it is declared that a potential storage area can be relinquished and can be counted as an area relinquished for the relinquishment condition.\n(sec.75-ssec.3) In this section— penalty relinquishment means a relinquishment that is— made under section 90 or under a requirement under section 379 (1) (b) ; and more than the sub-blocks required to be relinquished under the relinquishment condition.\n- (a) sub-blocks relinquished under a condition imposed under section 69 (6) ;\n- (b) sub-blocks in an area that under section 48 , have ceased to be included in the GHG permit;\n- (c) the mere declaration of the sub-blocks as a potential storage area for the GHG permit;\n- (d) sub-blocks the subject of an application for a GHG lease or potential storage area;\n- (e) sub-blocks relinquished under a penalty relinquishment.\n- (a) made under section 90 or under a requirement under section 379 (1) (b) ; and\n- (b) more than the sub-blocks required to be relinquished under the relinquishment condition.","sortOrder":100},{"sectionNumber":"sec.76","sectionType":"section","heading":"Adjustments for sub-blocks that can not be counted","content":"### sec.76 Adjustments for sub-blocks that can not be counted\n\nThis section applies for a relinquishment day if after taking away all sub-blocks that under section 75 can not be counted for the relinquishment condition, the balance of the sub-blocks of the GHG permit is less than the sub-blocks required to be relinquished under section 74 .\nThe relinquishment condition is taken to have been complied with if the GHG permit holder gives a relinquishment notice for all of the balance.\nHowever, if—\na sub-block not counted for the relinquishment condition was the subject of an application for a GHG lease or potential storage area; and\nthe result of the application is that it is refused;\nthe GHG permit holder must within 20 business days after the appeal period for the decision to refuse give a relinquishment notice for that sub-block.\n(sec.76-ssec.1) This section applies for a relinquishment day if after taking away all sub-blocks that under section 75 can not be counted for the relinquishment condition, the balance of the sub-blocks of the GHG permit is less than the sub-blocks required to be relinquished under section 74 .\n(sec.76-ssec.2) The relinquishment condition is taken to have been complied with if the GHG permit holder gives a relinquishment notice for all of the balance.\n(sec.76-ssec.3) However, if— a sub-block not counted for the relinquishment condition was the subject of an application for a GHG lease or potential storage area; and the result of the application is that it is refused; the GHG permit holder must within 20 business days after the appeal period for the decision to refuse give a relinquishment notice for that sub-block.\n- (a) a sub-block not counted for the relinquishment condition was the subject of an application for a GHG lease or potential storage area; and\n- (b) the result of the application is that it is refused;","sortOrder":101},{"sectionNumber":"sec.77","sectionType":"section","heading":"Adjustment for particular potential storage areas","content":"### sec.77 Adjustment for particular potential storage areas\n\nIf the only way to comply with the relinquishment condition is to relinquish all or part of a potential storage area for the GHG permit, the relinquishment condition is taken to be complied with if all remaining original sub-blocks of the permit are relinquished.","sortOrder":102},{"sectionNumber":"sec.78","sectionType":"section","heading":"Relinquishment must be by blocks","content":"### sec.78 Relinquishment must be by blocks\n\nA relinquishment under the relinquishment condition can only be by blocks.\nHowever, if a block contains an area that, under section 75 can not be counted as a relinquishment, subsection (1) is complied with if all of the rest of the land within the block is relinquished.\n(sec.78-ssec.1) A relinquishment under the relinquishment condition can only be by blocks.\n(sec.78-ssec.2) However, if a block contains an area that, under section 75 can not be counted as a relinquishment, subsection (1) is complied with if all of the rest of the land within the block is relinquished.","sortOrder":103},{"sectionNumber":"sec.79","sectionType":"section","heading":"Ending of GHG permit if all of its area relinquished","content":"### sec.79 Ending of GHG permit if all of its area relinquished\n\nIf all of the area of a GHG permit is relinquished, the permit ends.","sortOrder":104},{"sectionNumber":"ch.2-pt.5-div.3","sectionType":"division","heading":"Other mandatory conditions","content":"## Other mandatory conditions","sortOrder":105},{"sectionNumber":"sec.80","sectionType":"section","heading":"Compliance with test plan for GHG storage injection testing","content":"### sec.80 Compliance with test plan for GHG storage injection testing\n\nA GHG permit holder may carry out GHG storage injection testing only in accordance with the following—\na test plan for that purpose approved by the Minister;\nall conditions of the approval.\nThe holder may ask the Minister to approve a test plan proposed by the holder.\nThe proposed test plan must comply with any requirements prescribed under a regulation.\nThe Minister may impose conditions on the granting of the approval.\nIf the Minister decides to refuse to approve the proposed test plan or to impose conditions on the granting of the approval, the Minister must give the holder an information notice about the decision.\n(sec.80-ssec.1) A GHG permit holder may carry out GHG storage injection testing only in accordance with the following— a test plan for that purpose approved by the Minister; all conditions of the approval.\n(sec.80-ssec.2) The holder may ask the Minister to approve a test plan proposed by the holder.\n(sec.80-ssec.3) The proposed test plan must comply with any requirements prescribed under a regulation.\n(sec.80-ssec.4) The Minister may impose conditions on the granting of the approval.\n(sec.80-ssec.5) If the Minister decides to refuse to approve the proposed test plan or to impose conditions on the granting of the approval, the Minister must give the holder an information notice about the decision.\n- (a) a test plan for that purpose approved by the Minister;\n- (b) all conditions of the approval.","sortOrder":106},{"sectionNumber":"sec.81","sectionType":"section","heading":"Restriction on substances that may be used for GHG storage injection testing","content":"### sec.81 Restriction on substances that may be used for GHG storage injection testing\n\nA GHG permit holder can not use a substance other than a GHG stream or water for injection for GHG storage.","sortOrder":107},{"sectionNumber":"sec.82","sectionType":"section","heading":"Restriction on substances that may be used for GHG stream storage","content":"### sec.82 Restriction on substances that may be used for GHG stream storage\n\nA GHG permit holder can not use a substance other than a GHG stream for GHG stream storage.","sortOrder":108},{"sectionNumber":"sec.83","sectionType":"section","heading":"Restriction on GHG streams that may be used","content":"### sec.83 Restriction on GHG streams that may be used\n\nA GHG permit holder may use a GHG stream for GHG storage injection testing or GHG stream storage only if it consists only of carbon dioxide and—\na substance incidentally derived from—\nthe process called carbon dioxide capture, transport and geological storage, also called carbon capture and storage; or\nGHG storage; or\na detection agent prescribed under a regulation at the rate or concentration prescribed under a regulation.\nA stream is a GHG stream only if is a stream of carbon dioxide or a substance that overwhelmingly consists of carbon dioxide. See section 12 (What is a GHG stream ).\n- (a) a substance incidentally derived from— (i) the process called carbon dioxide capture, transport and geological storage, also called carbon capture and storage; or (ii) GHG storage; or\n- (i) the process called carbon dioxide capture, transport and geological storage, also called carbon capture and storage; or\n- (ii) GHG storage; or\n- (b) a detection agent prescribed under a regulation at the rate or concentration prescribed under a regulation.\n- (i) the process called carbon dioxide capture, transport and geological storage, also called carbon capture and storage; or\n- (ii) GHG storage; or","sortOrder":109},{"sectionNumber":"sec.84","sectionType":"section","heading":"Water Act authorisation required for taking or interference with water","content":"### sec.84 Water Act authorisation required for taking or interference with water\n\nA GHG permit holder can not take or interfere with water as defined under the Water Act unless the taking or interference is authorised under that Act .\nFor relevant Water Act provisions, see sections 19 and 808 of that Act .","sortOrder":110},{"sectionNumber":"sec.85","sectionType":"section","heading":"Obligation to consult with particular owners and occupiers","content":"### sec.85 Obligation to consult with particular owners and occupiers\n\nA GHG permit holder must consult or use reasonable endeavours to consult with each owner and occupier of private or public land on which authorised activities for the permit are proposed to be carried out or are being carried out.\nThe consultation must be about—\naccess; and\nthe carrying out of authorised activities for the GHG permit (including, for example, crossing access land for the permit) to the extent they relate to the owners and occupiers; and\nthe GHG permit holder’s compensation liability to the owners or occupiers.\ns 85 sub 2010 No. 31 s 439\n(sec.85-ssec.1) A GHG permit holder must consult or use reasonable endeavours to consult with each owner and occupier of private or public land on which authorised activities for the permit are proposed to be carried out or are being carried out.\n(sec.85-ssec.2) The consultation must be about— access; and the carrying out of authorised activities for the GHG permit (including, for example, crossing access land for the permit) to the extent they relate to the owners and occupiers; and the GHG permit holder’s compensation liability to the owners or occupiers.\n- (a) access; and\n- (b) the carrying out of authorised activities for the GHG permit (including, for example, crossing access land for the permit) to the extent they relate to the owners and occupiers; and\n- (c) the GHG permit holder’s compensation liability to the owners or occupiers.","sortOrder":111},{"sectionNumber":"sec.86","sectionType":"section","heading":"Annual rent","content":"### sec.86 Annual rent\n\nA GHG permit holder must pay the State the annual rent as prescribed under a regulation.\nThe annual rent must be paid in the way, and on or before the day prescribed under a regulation.\n(sec.86-ssec.1) A GHG permit holder must pay the State the annual rent as prescribed under a regulation.\n(sec.86-ssec.2) The annual rent must be paid in the way, and on or before the day prescribed under a regulation.","sortOrder":112},{"sectionNumber":"sec.87","sectionType":"section","heading":"Civil penalty for non-payment of annual rent","content":"### sec.87 Civil penalty for non-payment of annual rent\n\nIf a GHG permit holder does not pay the annual rent as required under section 86 , the holder must also pay the State a civil penalty.\nThe amount of the penalty is 15% of the rent.\nThe penalty—\nmust be paid on the day after the last day for payment of the rent; and\nis still payable even if the holder later pays the rent.\nSee also section 372 (Interest on amounts owing to the State).\n(sec.87-ssec.1) If a GHG permit holder does not pay the annual rent as required under section 86 , the holder must also pay the State a civil penalty.\n(sec.87-ssec.2) The amount of the penalty is 15% of the rent.\n(sec.87-ssec.3) The penalty— must be paid on the day after the last day for payment of the rent; and is still payable even if the holder later pays the rent. See also section 372 (Interest on amounts owing to the State).\n- (a) must be paid on the day after the last day for payment of the rent; and\n- (b) is still payable even if the holder later pays the rent.","sortOrder":113},{"sectionNumber":"sec.88","sectionType":"section","heading":"Requirement to have work program","content":"### sec.88 Requirement to have work program\n\nThe holder of a GHG permit must have a work program for the permit.","sortOrder":114},{"sectionNumber":"sec.89","sectionType":"section","heading":"Compliance with GHG storage exploration activities in work program","content":"### sec.89 Compliance with GHG storage exploration activities in work program\n\nA GHG permit holder must carry out the GHG storage exploration activities proposed in the permit’s work program.","sortOrder":115},{"sectionNumber":"sec.90","sectionType":"section","heading":"Penalty relinquishment if work program not finished within extended period","content":"### sec.90 Penalty relinquishment if work program not finished within extended period\n\nIf—\nunder part 4 , division 6 , the period of the work program for a GHG permit has been extended; and\nthe work program is not finished on or before the day on which the extended period ends;\nits holder must relinquish a part of the original sub-blocks of the GHG permit that the Minister is satisfied corresponds to the amount of the work under the work program that was not finished.\nThe holder must give the chief executive written notice of the relinquishment within 20 business days after the end of the extended period.\nIf the holder does not comply with subsection (2) , the Minister may take action under section 379 (1) (b) .\n(sec.90-ssec.1) If— under part 4 , division 6 , the period of the work program for a GHG permit has been extended; and the work program is not finished on or before the day on which the extended period ends; its holder must relinquish a part of the original sub-blocks of the GHG permit that the Minister is satisfied corresponds to the amount of the work under the work program that was not finished.\n(sec.90-ssec.2) The holder must give the chief executive written notice of the relinquishment within 20 business days after the end of the extended period.\n(sec.90-ssec.3) If the holder does not comply with subsection (2) , the Minister may take action under section 379 (1) (b) .\n- (a) under part 4 , division 6 , the period of the work program for a GHG permit has been extended; and\n- (b) the work program is not finished on or before the day on which the extended period ends;","sortOrder":116},{"sectionNumber":"sec.91","sectionType":"section","heading":"Obligation to give proposed later work program","content":"### sec.91 Obligation to give proposed later work program\n\nThis section imposes an obligation on a GHG permit holder to give the Minister a proposed later work program for the permit.\nFor approval of the proposed program, see part 4 , division 5 .\nIf the holder wishes to renew the GHG permit, a proposed later work program must be included in the renewal application. See section 94 (1) .\nThe obligation is complied with only if the proposed later work program—\ncomplies with the later work program requirements; and\nis accompanied by the relevant fee.\nA proposed later work program must be given to the Minister at least 40 but no more than 100 business days before the end of the program period for the current work program for the GHG permit (the current work program period ).\nHowever, if before the end of the current work program period a decision is made to refuse to approve a proposed later work program given under subsection (3) , the holder may within the period give another proposed later work program.\nIf the holder does not give the Minister any proposed later work program before the end of the current work program period or if subsection (4) applies and the holder has not given the Minister another proposed later work program within the current work program period—\nthe Minister must give the holder a notice requiring the holder to give the Minister a proposed later work program for the GHG permit within 40 business days after the giving of the notice; and\nthe holder must comply with the requirement.\nIn this section—\nrelevant fee , for the giving of the proposed program, means—\nif the proposed program is given within the time required under subsection (3) —the fee prescribed under a regulation; or\nif the proposed program is given after the time required under subsection (3) —\nif it is given under subsection (4) —nil; or\nif it is not given under subsection (4) —an amount that is 10 times the prescribed fee.\n(sec.91-ssec.1) This section imposes an obligation on a GHG permit holder to give the Minister a proposed later work program for the permit. For approval of the proposed program, see part 4 , division 5 . If the holder wishes to renew the GHG permit, a proposed later work program must be included in the renewal application. See section 94 (1) .\n(sec.91-ssec.2) The obligation is complied with only if the proposed later work program— complies with the later work program requirements; and is accompanied by the relevant fee.\n(sec.91-ssec.3) A proposed later work program must be given to the Minister at least 40 but no more than 100 business days before the end of the program period for the current work program for the GHG permit (the current work program period ).\n(sec.91-ssec.4) However, if before the end of the current work program period a decision is made to refuse to approve a proposed later work program given under subsection (3) , the holder may within the period give another proposed later work program.\n(sec.91-ssec.5) If the holder does not give the Minister any proposed later work program before the end of the current work program period or if subsection (4) applies and the holder has not given the Minister another proposed later work program within the current work program period— the Minister must give the holder a notice requiring the holder to give the Minister a proposed later work program for the GHG permit within 40 business days after the giving of the notice; and the holder must comply with the requirement.\n(sec.91-ssec.6) In this section— relevant fee , for the giving of the proposed program, means— if the proposed program is given within the time required under subsection (3) —the fee prescribed under a regulation; or if the proposed program is given after the time required under subsection (3) — if it is given under subsection (4) —nil; or if it is not given under subsection (4) —an amount that is 10 times the prescribed fee.\n- 1 For approval of the proposed program, see part 4 , division 5 .\n- 2 If the holder wishes to renew the GHG permit, a proposed later work program must be included in the renewal application. See section 94 (1) .\n- (a) complies with the later work program requirements; and\n- (b) is accompanied by the relevant fee.\n- (a) the Minister must give the holder a notice requiring the holder to give the Minister a proposed later work program for the GHG permit within 40 business days after the giving of the notice; and\n- (b) the holder must comply with the requirement.\n- (a) if the proposed program is given within the time required under subsection (3) —the fee prescribed under a regulation; or\n- (b) if the proposed program is given after the time required under subsection (3) — (i) if it is given under subsection (4) —nil; or (ii) if it is not given under subsection (4) —an amount that is 10 times the prescribed fee.\n- (i) if it is given under subsection (4) —nil; or\n- (ii) if it is not given under subsection (4) —an amount that is 10 times the prescribed fee.\n- (i) if it is given under subsection (4) —nil; or\n- (ii) if it is not given under subsection (4) —an amount that is 10 times the prescribed fee.","sortOrder":117},{"sectionNumber":"sec.92","sectionType":"section","heading":"Consequence of failure to comply with notice to give proposed later work program","content":"### sec.92 Consequence of failure to comply with notice to give proposed later work program\n\nIf a GHG permit holder does not comply with a requirement under section 91 (5) (a) , the permit is cancelled.\nHowever, the cancellation does not take effect until the Minister gives the holder a notice stating that the GHG permit has been cancelled because of the operation of subsection (1) .\n(sec.92-ssec.1) If a GHG permit holder does not comply with a requirement under section 91 (5) (a) , the permit is cancelled.\n(sec.92-ssec.2) However, the cancellation does not take effect until the Minister gives the holder a notice stating that the GHG permit has been cancelled because of the operation of subsection (1) .","sortOrder":118},{"sectionNumber":"sec.92A","sectionType":"section","heading":"Power to impose or amend condition if changed holder of GHG permit","content":"### sec.92A Power to impose or amend condition if changed holder of GHG permit\n\nThis section applies if 1 of the following changes happens—\nan entity starts or stops controlling the holder of a GHG permit under the Corporations Act , section 50AA ;\nthe holder of a GHG permit starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\nThe Minister may consider whether, after the change, the holder of the GHG permit has the financial and technical resources to comply with the conditions of the GHG permit.\nIf the Minister considers the holder of the GHG permit may not have the financial and technical resources to comply with conditions of the GHG permit, the Minister may impose another condition on, or amend a condition of, the GHG permit.\nIf the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the GHG permit to give the Minister information or a document about whether or not the change has happened.\nBefore deciding to impose another condition on, or amend a condition of, the GHG permit under subsection (3) , the Minister may require the holder of the GHG permit to give the Minister information or a document the Minister requires to make the decision.\nA requirement under subsection (4) or (5) must—\nbe made by notice given to the holder; and\nstate a period of at least 10 business days within which the holder must comply with the requirement.\nBefore deciding to impose another condition on, or amend a condition of, the GHG permit under subsection (3) , the Minister must give the holder of the permit a notice stating—\nthe proposed decision; and\nthe reasons for the proposed decision; and\nthat the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.\nThe Minister may extend the period mentioned in subsection (6) (b) or (7) (c) by notice given to the holder of the GHG permit.\nIn deciding whether to impose another condition on, or amend a condition of, the GHG permit under subsection (3) , the Minister—\nmust consider information or a document, if any, given under subsection (6) (b) or (7) (c) ; and\nmay consider any other matter the Minister considers relevant.\nIf the Minister decides to impose another condition on, or amend a condition of, the GHG permit under subsection (3) , the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.\ns 92A ins 2020 No. 14 s 47\n(sec.92A-ssec.1) This section applies if 1 of the following changes happens— an entity starts or stops controlling the holder of a GHG permit under the Corporations Act , section 50AA ; the holder of a GHG permit starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\n(sec.92A-ssec.2) The Minister may consider whether, after the change, the holder of the GHG permit has the financial and technical resources to comply with the conditions of the GHG permit.\n(sec.92A-ssec.3) If the Minister considers the holder of the GHG permit may not have the financial and technical resources to comply with conditions of the GHG permit, the Minister may impose another condition on, or amend a condition of, the GHG permit.\n(sec.92A-ssec.4) If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the GHG permit to give the Minister information or a document about whether or not the change has happened.\n(sec.92A-ssec.5) Before deciding to impose another condition on, or amend a condition of, the GHG permit under subsection (3) , the Minister may require the holder of the GHG permit to give the Minister information or a document the Minister requires to make the decision.\n(sec.92A-ssec.6) A requirement under subsection (4) or (5) must— be made by notice given to the holder; and state a period of at least 10 business days within which the holder must comply with the requirement.\n(sec.92A-ssec.7) Before deciding to impose another condition on, or amend a condition of, the GHG permit under subsection (3) , the Minister must give the holder of the permit a notice stating— the proposed decision; and the reasons for the proposed decision; and that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.\n(sec.92A-ssec.8) The Minister may extend the period mentioned in subsection (6) (b) or (7) (c) by notice given to the holder of the GHG permit.\n(sec.92A-ssec.9) In deciding whether to impose another condition on, or amend a condition of, the GHG permit under subsection (3) , the Minister— must consider information or a document, if any, given under subsection (6) (b) or (7) (c) ; and may consider any other matter the Minister considers relevant.\n(sec.92A-ssec.10) If the Minister decides to impose another condition on, or amend a condition of, the GHG permit under subsection (3) , the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.\n- (a) an entity starts or stops controlling the holder of a GHG permit under the Corporations Act , section 50AA ;\n- (b) the holder of a GHG permit starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\n- (a) be made by notice given to the holder; and\n- (b) state a period of at least 10 business days within which the holder must comply with the requirement.\n- (a) the proposed decision; and\n- (b) the reasons for the proposed decision; and\n- (c) that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.\n- (a) must consider information or a document, if any, given under subsection (6) (b) or (7) (c) ; and\n- (b) may consider any other matter the Minister considers relevant.","sortOrder":119},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Renewals","content":"# Renewals","sortOrder":120},{"sectionNumber":"sec.93","sectionType":"section","heading":"Conditions for renewal application","content":"### sec.93 Conditions for renewal application\n\nA GHG permit holder may apply to renew the permit only if none of the following is outstanding—\nannual rent for the GHG permit;\na civil penalty under section 87 for non-payment of annual rent;\nsecurity required for the GHG permit, as required under section 271 ;\ninterest payable under section 372 on annual rent or a civil penalty.\nAlso, the application can not be made—\nmore than 60 business days before the end of the GHG permit’s term; or\nafter the GHG permit has ended.\n(sec.93-ssec.1) A GHG permit holder may apply to renew the permit only if none of the following is outstanding— annual rent for the GHG permit; a civil penalty under section 87 for non-payment of annual rent; security required for the GHG permit, as required under section 271 ; interest payable under section 372 on annual rent or a civil penalty.\n(sec.93-ssec.2) Also, the application can not be made— more than 60 business days before the end of the GHG permit’s term; or after the GHG permit has ended.\n- (a) annual rent for the GHG permit;\n- (b) a civil penalty under section 87 for non-payment of annual rent;\n- (c) security required for the GHG permit, as required under section 271 ;\n- (d) interest payable under section 372 on annual rent or a civil penalty.\n- (a) more than 60 business days before the end of the GHG permit’s term; or\n- (b) after the GHG permit has ended.","sortOrder":121},{"sectionNumber":"sec.94","sectionType":"section","heading":"Requirements for making application","content":"### sec.94 Requirements for making application\n\nThe application must—\nbe made to the Minister in the approved form; and\ninclude a statement about how and when the applicant proposes to consult with and keep informed each owner and occupier of private or public land on which authorised activities for the renewed GHG permit are or are likely to be carried out; and\ninclude a proposed later work program for the renewed GHG permit; and\nbe accompanied by—\nthe application fee prescribed under a regulation; and\nif the application is made less than 20 business days before end of the GHG permit’s term—an amount that is 10 times the application fee.\nThe proposed work program must comply with the later work program requirements.\n(sec.94-ssec.1) The application must— be made to the Minister in the approved form; and include a statement about how and when the applicant proposes to consult with and keep informed each owner and occupier of private or public land on which authorised activities for the renewed GHG permit are or are likely to be carried out; and include a proposed later work program for the renewed GHG permit; and be accompanied by— the application fee prescribed under a regulation; and if the application is made less than 20 business days before end of the GHG permit’s term—an amount that is 10 times the application fee.\n(sec.94-ssec.2) The proposed work program must comply with the later work program requirements.\n- (a) be made to the Minister in the approved form; and\n- (b) include a statement about how and when the applicant proposes to consult with and keep informed each owner and occupier of private or public land on which authorised activities for the renewed GHG permit are or are likely to be carried out; and\n- (c) include a proposed later work program for the renewed GHG permit; and\n- (d) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) if the application is made less than 20 business days before end of the GHG permit’s term—an amount that is 10 times the application fee.\n- (i) the application fee prescribed under a regulation; and\n- (ii) if the application is made less than 20 business days before end of the GHG permit’s term—an amount that is 10 times the application fee.\n- (i) the application fee prescribed under a regulation; and\n- (ii) if the application is made less than 20 business days before end of the GHG permit’s term—an amount that is 10 times the application fee.","sortOrder":122},{"sectionNumber":"sec.95","sectionType":"section","heading":"Continuing effect of GHG permit for renewal application","content":"### sec.95 Continuing effect of GHG permit for renewal application\n\nThis section applies if before the application is decided the GHG permit’s term ends.\nDespite the ending of the term, the GHG permit continues in force until the earlier of the following to happen—\nthe start of any renewed term of the GHG permit;\na refusal of the application takes effect;\nthe application is withdrawn;\nthe GHG permit is cancelled under this Act.\nAlso, if the applicant has applied for a declaration of a potential storage area for the GHG permit, it continues in force until the declaration application is decided but only for the area of the proposed GHG potential storage area applied for.\nIf the GHG permit is continued in force under subsection (3) , the evaluation program included in the declaration application is taken to be the work program for the permit.\nIf the GHG permit is renewed, subsections (2) and (3) are taken never to have applied for the period from the end of the term of the GHG permit being renewed as stated in that permit.\n(sec.95-ssec.1) This section applies if before the application is decided the GHG permit’s term ends.\n(sec.95-ssec.2) Despite the ending of the term, the GHG permit continues in force until the earlier of the following to happen— the start of any renewed term of the GHG permit; a refusal of the application takes effect; the application is withdrawn; the GHG permit is cancelled under this Act.\n(sec.95-ssec.3) Also, if the applicant has applied for a declaration of a potential storage area for the GHG permit, it continues in force until the declaration application is decided but only for the area of the proposed GHG potential storage area applied for.\n(sec.95-ssec.4) If the GHG permit is continued in force under subsection (3) , the evaluation program included in the declaration application is taken to be the work program for the permit.\n(sec.95-ssec.5) If the GHG permit is renewed, subsections (2) and (3) are taken never to have applied for the period from the end of the term of the GHG permit being renewed as stated in that permit.\n- (a) the start of any renewed term of the GHG permit;\n- (b) a refusal of the application takes effect;\n- (c) the application is withdrawn;\n- (d) the GHG permit is cancelled under this Act.","sortOrder":123},{"sectionNumber":"sec.96","sectionType":"section","heading":"Deciding application","content":"### sec.96 Deciding application\n\nThe Minister may grant or refuse the renewal.\nHowever—\nbefore deciding to grant the renewal, the Minister must decide whether to approve the applicant’s proposed later work program for the renewed GHG permit; and\nthe renewal can not be granted unless—\nthe proposed program has been approved; and\nthe applicant satisfies the capability criteria; and\nthe Minister is satisfied the applicant—\ncontinues to satisfy any special criteria that applied for deciding the application for the GHG permit being renewed; and\nhas substantially complied with the GHG permit being renewed; and\na relevant environmental authority has been issued.\nIf the application relates to acquired land, see also section 369C .\nAlso, if the applicant has been given a notice under section 107 to apply for a GHG lease, the application must not be decided until the issue of whether a GHG lease will be granted is decided.\nSubsection (3) does not limit the power under section 108 to take a proposed action as stated in the notice.\nThe Minister may as a condition of deciding to grant the application require the applicant to do all or any of the following within a stated reasonable period—\npay the annual rent for the first year of the renewed GHG permit;\ngive under section 271 , security for the renewed GHG permit.\nIf the applicant does not comply with the requirement, the application may be refused.\ns 96 amd 2012 No. 20 s 31\n(sec.96-ssec.1) The Minister may grant or refuse the renewal.\n(sec.96-ssec.2) However— before deciding to grant the renewal, the Minister must decide whether to approve the applicant’s proposed later work program for the renewed GHG permit; and the renewal can not be granted unless— the proposed program has been approved; and the applicant satisfies the capability criteria; and the Minister is satisfied the applicant— continues to satisfy any special criteria that applied for deciding the application for the GHG permit being renewed; and has substantially complied with the GHG permit being renewed; and a relevant environmental authority has been issued. If the application relates to acquired land, see also section 369C .\n(sec.96-ssec.3) Also, if the applicant has been given a notice under section 107 to apply for a GHG lease, the application must not be decided until the issue of whether a GHG lease will be granted is decided.\n(sec.96-ssec.4) Subsection (3) does not limit the power under section 108 to take a proposed action as stated in the notice.\n(sec.96-ssec.5) The Minister may as a condition of deciding to grant the application require the applicant to do all or any of the following within a stated reasonable period— pay the annual rent for the first year of the renewed GHG permit; give under section 271 , security for the renewed GHG permit.\n(sec.96-ssec.6) If the applicant does not comply with the requirement, the application may be refused.\n- (a) before deciding to grant the renewal, the Minister must decide whether to approve the applicant’s proposed later work program for the renewed GHG permit; and\n- (b) the renewal can not be granted unless— (i) the proposed program has been approved; and (ii) the applicant satisfies the capability criteria; and (iii) the Minister is satisfied the applicant— (A) continues to satisfy any special criteria that applied for deciding the application for the GHG permit being renewed; and (B) has substantially complied with the GHG permit being renewed; and (iv) a relevant environmental authority has been issued.\n- (i) the proposed program has been approved; and\n- (ii) the applicant satisfies the capability criteria; and\n- (iii) the Minister is satisfied the applicant— (A) continues to satisfy any special criteria that applied for deciding the application for the GHG permit being renewed; and (B) has substantially complied with the GHG permit being renewed; and\n- (A) continues to satisfy any special criteria that applied for deciding the application for the GHG permit being renewed; and\n- (B) has substantially complied with the GHG permit being renewed; and\n- (iv) a relevant environmental authority has been issued.\n- (i) the proposed program has been approved; and\n- (ii) the applicant satisfies the capability criteria; and\n- (iii) the Minister is satisfied the applicant— (A) continues to satisfy any special criteria that applied for deciding the application for the GHG permit being renewed; and (B) has substantially complied with the GHG permit being renewed; and\n- (A) continues to satisfy any special criteria that applied for deciding the application for the GHG permit being renewed; and\n- (B) has substantially complied with the GHG permit being renewed; and\n- (iv) a relevant environmental authority has been issued.\n- (A) continues to satisfy any special criteria that applied for deciding the application for the GHG permit being renewed; and\n- (B) has substantially complied with the GHG permit being renewed; and\n- (a) pay the annual rent for the first year of the renewed GHG permit;\n- (b) give under section 271 , security for the renewed GHG permit.","sortOrder":124},{"sectionNumber":"sec.97","sectionType":"section","heading":"Provisions and term of renewed GHG permit","content":"### sec.97 Provisions and term of renewed GHG permit\n\nSubject to this section, section 41 applies to the renewed GHG permit as if it were a GHG permit granted under part 2 .\nTo remove any doubt, it is declared that the conditions of the renewed GHG permit may be different from the conditions or other provisions of the GHG permit being renewed.\nThe area of the renewed GHG permit must not be more than the area of the GHG permit being renewed immediately before the renewed GHG permit is to take effect.\nSee, however, section 369C in relation to acquired land that was previously in the area of the GHG permit being renewed.\nThe first relinquishment day for the renewed GHG permit must not be later than 4 years after the day the renewed GHG permit is to take effect.\nIf the renewed GHG permit is decided before the end of the term of the GHG permit being renewed as stated in that GHG permit (the previous term ), the term of the renewed GHG permit is taken to start from the end of the previous term.\nIf the renewed GHG permit is decided after the previous term, the term of the renewed GHG permit starts immediately after the end of the previous term, but—\nthe conditions of the renewed GHG permit do not start until its holder is given notice of them; and\nuntil the notice is given, the conditions of the GHG permit being renewed apply to the renewed GHG permit as if they were its conditions.\nThe term of the renewed GHG permit must not end more than 12 years from when it originally took effect.\nHowever, if any part of the renewed GHG permit’s area is a potential storage area, the term of the renewed GHG permit for that part may be for a longer period that—\nends no later than when the declaration ends; and\nis no more than the last term of the GHG permit being renewed.\nTo remove any doubt, it is declared that subsection (8) (b) does not prevent a renewal of the renewed GHG permit.\ns 97 amd 2012 No. 20 s 32\n(sec.97-ssec.1) Subject to this section, section 41 applies to the renewed GHG permit as if it were a GHG permit granted under part 2 .\n(sec.97-ssec.2) To remove any doubt, it is declared that the conditions of the renewed GHG permit may be different from the conditions or other provisions of the GHG permit being renewed.\n(sec.97-ssec.3) The area of the renewed GHG permit must not be more than the area of the GHG permit being renewed immediately before the renewed GHG permit is to take effect. See, however, section 369C in relation to acquired land that was previously in the area of the GHG permit being renewed.\n(sec.97-ssec.4) The first relinquishment day for the renewed GHG permit must not be later than 4 years after the day the renewed GHG permit is to take effect.\n(sec.97-ssec.5) If the renewed GHG permit is decided before the end of the term of the GHG permit being renewed as stated in that GHG permit (the previous term ), the term of the renewed GHG permit is taken to start from the end of the previous term.\n(sec.97-ssec.6) If the renewed GHG permit is decided after the previous term, the term of the renewed GHG permit starts immediately after the end of the previous term, but— the conditions of the renewed GHG permit do not start until its holder is given notice of them; and until the notice is given, the conditions of the GHG permit being renewed apply to the renewed GHG permit as if they were its conditions.\n(sec.97-ssec.7) The term of the renewed GHG permit must not end more than 12 years from when it originally took effect.\n(sec.97-ssec.8) However, if any part of the renewed GHG permit’s area is a potential storage area, the term of the renewed GHG permit for that part may be for a longer period that— ends no later than when the declaration ends; and is no more than the last term of the GHG permit being renewed.\n(sec.97-ssec.9) To remove any doubt, it is declared that subsection (8) (b) does not prevent a renewal of the renewed GHG permit.\n- (a) the conditions of the renewed GHG permit do not start until its holder is given notice of them; and\n- (b) until the notice is given, the conditions of the GHG permit being renewed apply to the renewed GHG permit as if they were its conditions.\n- (a) ends no later than when the declaration ends; and\n- (b) is no more than the last term of the GHG permit being renewed.","sortOrder":125},{"sectionNumber":"sec.98","sectionType":"section","heading":"Criteria for decisions","content":"### sec.98 Criteria for decisions\n\nIn deciding whether to grant the renewal or deciding the provisions of the renewed GHG permit the Minister must consider—\nthe work program criteria; and\nwhether the applicant continues to satisfy the capability criteria and any special criteria.\n- (a) the work program criteria; and\n- (b) whether the applicant continues to satisfy the capability criteria and any special criteria.","sortOrder":126},{"sectionNumber":"sec.99","sectionType":"section","heading":"Information notice about refusal","content":"### sec.99 Information notice about refusal\n\nIf the Minister decides to refuse the application, the Minister must give the applicant an information notice about the decision.","sortOrder":127},{"sectionNumber":"sec.100","sectionType":"section","heading":"When refusal takes effect","content":"### sec.100 When refusal takes effect\n\nA refusal of the application does not take effect until end of the appeal period for the decision to refuse.","sortOrder":128},{"sectionNumber":"ch.2-pt.7","sectionType":"part","heading":"Potential storage areas","content":"# Potential storage areas","sortOrder":129},{"sectionNumber":"sec.101","sectionType":"section","heading":"Applying for potential storage area","content":"### sec.101 Applying for potential storage area\n\nThe holder of a GHG permit may apply for a declaration by the Minister that all or a stated part of its area is a potential storage area for the permit.\nThe application must be—\nmade to the Minister in the approved form; and\naccompanied by the fee prescribed under a regulation.\nThe application may be made—\nfor more than 1 part of the GHG permit’s area; and\neven if another part of the GHG permit’s area is already a potential storage area.\nThe application must include—\na report for or that includes the proposed potential storage area that—\nmeets the requirements under section 246 for a GHG storage viability report; and\nis still relevant to the circumstances of the proposed potential storage area; and\nan evaluation program for—\npotential GHG stream storage in the proposed potential storage area; and\nmarket opportunities for potential GHG stream storage.\nHowever, subsection (4) (a) does not apply if—\na GHG storage viability report or an independent viability assessment relates to or includes the proposed potential storage area; and\nthe report or assessment is still relevant to the circumstances of the proposed potential storage area.\ns 101 amd 2010 No. 31 s 408 sch 2 pt 1\n(sec.101-ssec.1) The holder of a GHG permit may apply for a declaration by the Minister that all or a stated part of its area is a potential storage area for the permit.\n(sec.101-ssec.2) The application must be— made to the Minister in the approved form; and accompanied by the fee prescribed under a regulation.\n(sec.101-ssec.3) The application may be made— for more than 1 part of the GHG permit’s area; and even if another part of the GHG permit’s area is already a potential storage area.\n(sec.101-ssec.4) The application must include— a report for or that includes the proposed potential storage area that— meets the requirements under section 246 for a GHG storage viability report; and is still relevant to the circumstances of the proposed potential storage area; and an evaluation program for— potential GHG stream storage in the proposed potential storage area; and market opportunities for potential GHG stream storage.\n(sec.101-ssec.5) However, subsection (4) (a) does not apply if— a GHG storage viability report or an independent viability assessment relates to or includes the proposed potential storage area; and the report or assessment is still relevant to the circumstances of the proposed potential storage area.\n- (a) made to the Minister in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation.\n- (a) for more than 1 part of the GHG permit’s area; and\n- (b) even if another part of the GHG permit’s area is already a potential storage area.\n- (a) a report for or that includes the proposed potential storage area that— (i) meets the requirements under section 246 for a GHG storage viability report; and (ii) is still relevant to the circumstances of the proposed potential storage area; and\n- (i) meets the requirements under section 246 for a GHG storage viability report; and\n- (ii) is still relevant to the circumstances of the proposed potential storage area; and\n- (b) an evaluation program for— (i) potential GHG stream storage in the proposed potential storage area; and (ii) market opportunities for potential GHG stream storage.\n- (i) potential GHG stream storage in the proposed potential storage area; and\n- (ii) market opportunities for potential GHG stream storage.\n- (i) meets the requirements under section 246 for a GHG storage viability report; and\n- (ii) is still relevant to the circumstances of the proposed potential storage area; and\n- (i) potential GHG stream storage in the proposed potential storage area; and\n- (ii) market opportunities for potential GHG stream storage.\n- (a) a GHG storage viability report or an independent viability assessment relates to or includes the proposed potential storage area; and\n- (b) the report or assessment is still relevant to the circumstances of the proposed potential storage area.","sortOrder":130},{"sectionNumber":"sec.102","sectionType":"section","heading":"Deciding potential storage area application","content":"### sec.102 Deciding potential storage area application\n\nThe Minister may declare an area the subject of the application to be a potential storage area only if satisfied—\nthe area is no more than is needed to cover the maximum extent of a GHG stream storage site identified in the report; and\nthe applicant does not and will not soon have an available GHG stream for GHG stream storage in the area to be declared, but a GHG stream is likely to become available for GHG stream storage in the area.\nThe area declared must form a single parcel of land.\nIn deciding the application, regard must be had to whether the conditions of the relevant GHG permit have been substantially complied with.\nTo remove any doubt, it is declared that the declaration may be made even if the GHG permit has been continued in force under section 95 or 116 .\nIf the Minister decides to refuse the application, the Minister must give the applicant an information notice about the decision.\ns 102 amd 2010 No. 31 s 408 sch 2 pt 1\n(sec.102-ssec.1) The Minister may declare an area the subject of the application to be a potential storage area only if satisfied— the area is no more than is needed to cover the maximum extent of a GHG stream storage site identified in the report; and the applicant does not and will not soon have an available GHG stream for GHG stream storage in the area to be declared, but a GHG stream is likely to become available for GHG stream storage in the area.\n(sec.102-ssec.2) The area declared must form a single parcel of land.\n(sec.102-ssec.3) In deciding the application, regard must be had to whether the conditions of the relevant GHG permit have been substantially complied with.\n(sec.102-ssec.4) To remove any doubt, it is declared that the declaration may be made even if the GHG permit has been continued in force under section 95 or 116 .\n(sec.102-ssec.5) If the Minister decides to refuse the application, the Minister must give the applicant an information notice about the decision.\n- (a) the area is no more than is needed to cover the maximum extent of a GHG stream storage site identified in the report; and\n- (b) the applicant does not and will not soon have an available GHG stream for GHG stream storage in the area to be declared, but a GHG stream is likely to become available for GHG stream storage in the area.","sortOrder":131},{"sectionNumber":"sec.103","sectionType":"section","heading":"Inclusion of evaluation program in work program","content":"### sec.103 Inclusion of evaluation program in work program\n\nIf the declaration is made, the evaluation program that accompanied the application is taken to be an additional part of the existing work program for the GHG permit.\nIf there is an inconsistency between the evaluation program and the rest of the work program, the evaluation program prevails to the extent of the inconsistency.\n(sec.103-ssec.1) If the declaration is made, the evaluation program that accompanied the application is taken to be an additional part of the existing work program for the GHG permit.\n(sec.103-ssec.2) If there is an inconsistency between the evaluation program and the rest of the work program, the evaluation program prevails to the extent of the inconsistency.","sortOrder":132},{"sectionNumber":"sec.104","sectionType":"section","heading":"Term of declaration","content":"### sec.104 Term of declaration\n\nA declaration of a potential storage area continues in force for the period stated in the declaration.\nThe period can not be more than 10 years.\nIn deciding a shorter period the Minister must consider—\nwhen any discovery of a GHG stream storage site was made; and\nany GHG storage viability report or independent viability assessment for or that includes the proposed potential storage area.\nDespite subsection (1) , the declaration ceases if the GHG permit holder gives the chief executive a notice stating that the holder no longer wishes the area to be a potential storage area.\nFor other relevant provisions about giving a document to the chief executive, see section 411 .\ns 104 amd 2010 No. 31 s 408 sch 2 pt 1 ; 2012 No. 20 s 281 sch 2\n(sec.104-ssec.1) A declaration of a potential storage area continues in force for the period stated in the declaration.\n(sec.104-ssec.2) The period can not be more than 10 years.\n(sec.104-ssec.3) In deciding a shorter period the Minister must consider— when any discovery of a GHG stream storage site was made; and any GHG storage viability report or independent viability assessment for or that includes the proposed potential storage area.\n(sec.104-ssec.4) Despite subsection (1) , the declaration ceases if the GHG permit holder gives the chief executive a notice stating that the holder no longer wishes the area to be a potential storage area. For other relevant provisions about giving a document to the chief executive, see section 411 .\n- (a) when any discovery of a GHG stream storage site was made; and\n- (b) any GHG storage viability report or independent viability assessment for or that includes the proposed potential storage area.","sortOrder":133},{"sectionNumber":"sec.105","sectionType":"section","heading":"Potential storage area still part of GHG permit","content":"### sec.105 Potential storage area still part of GHG permit\n\nA declaration of a potential storage area does not change the land the subject of the declaration from being—\npart of the area of the GHG permit the subject of the application for the declaration; and\nsubject to the GHG permit.\n- (a) part of the area of the GHG permit the subject of the application for the declaration; and\n- (b) subject to the GHG permit.","sortOrder":134},{"sectionNumber":"ch.2-pt.8","sectionType":"part","heading":"Provisions to facilitate transition to GHG lease","content":"# Provisions to facilitate transition to GHG lease","sortOrder":135},{"sectionNumber":"sec.106","sectionType":"section","heading":"Application of pt 8","content":"### sec.106 Application of pt 8\n\nThis part applies if the Minister reasonably considers the holder of a GHG permit should apply for a GHG lease for all or part of the permit’s area because a GHG stream is or soon will be available for GHG stream storage in the area.","sortOrder":136},{"sectionNumber":"sec.107","sectionType":"section","heading":"Ministerial direction to apply for GHG lease","content":"### sec.107 Ministerial direction to apply for GHG lease\n\nThe Minister may give the GHG permit holder a notice stating each of the following—\nthat the Minister proposes to do either of the following, (the proposed action ) unless the holder has made an appropriate lease application—\nexcise a stated area from the area of the GHG permit;\ncancel the GHG permit;\nthe grounds for the proposed action;\nthe facts and circumstances forming the basis for the grounds;\nthat the holder may within a stated period, make submissions to the Minister about why the holder should not make a GHG lease application for the stated area.\nFor other relevant provisions about making a submission, see section 411 .\nThe stated period must be reasonable but must not be more than 6 months.\nIn this section—\nappropriate lease application means a GHG lease application for—\nthe stated area or an area that is substantially the same as the stated area; or\nanother area the Minister reasonably considers will effectively allow the holder to carry out authorised activities for a GHG lease in relation to the stated area.\ns 107 amd 2012 No. 20 s 281 sch 2\n(sec.107-ssec.1) The Minister may give the GHG permit holder a notice stating each of the following— that the Minister proposes to do either of the following, (the proposed action ) unless the holder has made an appropriate lease application— excise a stated area from the area of the GHG permit; cancel the GHG permit; the grounds for the proposed action; the facts and circumstances forming the basis for the grounds; that the holder may within a stated period, make submissions to the Minister about why the holder should not make a GHG lease application for the stated area. For other relevant provisions about making a submission, see section 411 .\n(sec.107-ssec.2) The stated period must be reasonable but must not be more than 6 months.\n(sec.107-ssec.3) In this section— appropriate lease application means a GHG lease application for— the stated area or an area that is substantially the same as the stated area; or another area the Minister reasonably considers will effectively allow the holder to carry out authorised activities for a GHG lease in relation to the stated area.\n- (a) that the Minister proposes to do either of the following, (the proposed action ) unless the holder has made an appropriate lease application— (i) excise a stated area from the area of the GHG permit; (ii) cancel the GHG permit;\n- (i) excise a stated area from the area of the GHG permit;\n- (ii) cancel the GHG permit;\n- (b) the grounds for the proposed action;\n- (c) the facts and circumstances forming the basis for the grounds;\n- (d) that the holder may within a stated period, make submissions to the Minister about why the holder should not make a GHG lease application for the stated area. Note— For other relevant provisions about making a submission, see section 411 .\n- (i) excise a stated area from the area of the GHG permit;\n- (ii) cancel the GHG permit;\n- (a) the stated area or an area that is substantially the same as the stated area; or\n- (b) another area the Minister reasonably considers will effectively allow the holder to carry out authorised activities for a GHG lease in relation to the stated area.","sortOrder":137},{"sectionNumber":"sec.108","sectionType":"section","heading":"Taking proposed action","content":"### sec.108 Taking proposed action\n\nProposed action under section 107 may be taken only if—\nthe stated period under that section has ended; and\neither—\nthe holder has not made an appropriate GHG lease application under that section; or\nany appropriate lease application under that section made by the holder has been refused; and\nthe Minister has considered any submissions made by the holder within the period.\nThe decision does not take effect until the holder is given an information notice about the decision.\nA refusal of the application takes effect at end of the appeal period for the decision to refuse.\n(sec.108-ssec.1) Proposed action under section 107 may be taken only if— the stated period under that section has ended; and either— the holder has not made an appropriate GHG lease application under that section; or any appropriate lease application under that section made by the holder has been refused; and the Minister has considered any submissions made by the holder within the period.\n(sec.108-ssec.2) The decision does not take effect until the holder is given an information notice about the decision.\n(sec.108-ssec.3) A refusal of the application takes effect at end of the appeal period for the decision to refuse.\n- (a) the stated period under that section has ended; and\n- (b) either— (i) the holder has not made an appropriate GHG lease application under that section; or (ii) any appropriate lease application under that section made by the holder has been refused; and\n- (i) the holder has not made an appropriate GHG lease application under that section; or\n- (ii) any appropriate lease application under that section made by the holder has been refused; and\n- (c) the Minister has considered any submissions made by the holder within the period.\n- (i) the holder has not made an appropriate GHG lease application under that section; or\n- (ii) any appropriate lease application under that section made by the holder has been refused; and","sortOrder":138},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Key authorised activities","content":"# Key authorised activities","sortOrder":139},{"sectionNumber":"sec.109","sectionType":"section","heading":"Operation of pt 1","content":"### sec.109 Operation of pt 1\n\nThis part provides for the key authorised activities for a GHG lease.\nFor other authorised activities, see the Common Provisions Act , chapter 3 , part 2 , division 4 .\nFor general restrictions on authorised activities, their relationship with owners’ and occupiers’ rights and who may carry out authorised activities for a GHG authority holder, see chapter 5 , part 12 , division 3 .\nThe carrying out of particular activities on particular land in the GHG lease’s area may not be authorised following the taking of the land under a resumption law. See section 369B .\ns 109 amd 2012 No. 20 ss 33 , 125 sch 1 ; 2014 No. 47 s 328 ; 2024 No. 33 s 183 s ch 1 pt 2\n- 1 For other authorised activities, see the Common Provisions Act , chapter 3 , part 2 , division 4 .\n- 2 For general restrictions on authorised activities, their relationship with owners’ and occupiers’ rights and who may carry out authorised activities for a GHG authority holder, see chapter 5 , part 12 , division 3 .\n- 3 The carrying out of particular activities on particular land in the GHG lease’s area may not be authorised following the taking of the land under a resumption law. See section 369B .","sortOrder":140},{"sectionNumber":"sec.110","sectionType":"section","heading":"Principal authorised activities","content":"### sec.110 Principal authorised activities\n\nThe GHG lease holder may carry out the following activities in the lease’s area—\nGHG storage exploration;\nevaluating the feasibility of GHG stream storage, including for example, by GHG storage injection testing;\ncompressing or otherwise processing a GHG stream for GHG stream storage;\nGHG stream storage;\nmonitoring and verifying the behaviour of the GHG streams;\nplugging and abandoning, or otherwise remediating, a bore or well the holder reasonably believes is a legacy borehole, and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.\ns 110 amd 2014 No. 47 s 343\n- (a) GHG storage exploration;\n- (b) evaluating the feasibility of GHG stream storage, including for example, by GHG storage injection testing;\n- (c) compressing or otherwise processing a GHG stream for GHG stream storage;\n- (d) GHG stream storage;\n- (e) monitoring and verifying the behaviour of the GHG streams;\n- (f) plugging and abandoning, or otherwise remediating, a bore or well the holder reasonably believes is a legacy borehole, and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.","sortOrder":141},{"sectionNumber":"sec.111","sectionType":"section","heading":"GHG stream pipeline and water pipeline construction and operation","content":"### sec.111 GHG stream pipeline and water pipeline construction and operation\n\nThe GHG lease holder may construct and operate GHG stream pipelines and water pipelines in the lease’s area.\nThe P&G Act provides for the granting of licences that will allow the investigation and surveying for, and the construction and operation of, GHG stream pipelines outside the area of a GHG lease. See sections 16 , 394 and 402 of that Act.\nHowever, if a GHG stream pipeline or water pipeline extends beyond the area of the GHG lease, subsection (1) applies only if the pipeline is completely within—\nthe GHG lease’s area; and\nthe area of 1 or more other GHG leases that are—\ncontiguous to the GHG lease; and\nalso held by the holder or are subject to a GHG coordination arrangement to which the holder is a party.\nAlso, if the pipeline is a water pipeline, the pipeline may only be operated to transport water for the carrying out of an authorised activity for the GHG lease or another GHG lease mentioned in subsection (2) (b) on an area mentioned in subsection (2) .\nSubsection (3) does not prevent the GHG lease holder from constructing or operating a water pipeline if the holder can otherwise lawfully do so.\nIn this section—\noperate , a GHG stream pipeline, includes use, inspect, test, maintain, repair, alter, add to and replace the pipeline.\nwater pipeline means—\na pipe or system of pipes for transporting water; and\na thing connected to or associated with the pipeline that is necessary for its operation, including for example, a thing mentioned in the examples to section 17 (2) (b) .\n(sec.111-ssec.1) The GHG lease holder may construct and operate GHG stream pipelines and water pipelines in the lease’s area. The P&G Act provides for the granting of licences that will allow the investigation and surveying for, and the construction and operation of, GHG stream pipelines outside the area of a GHG lease. See sections 16 , 394 and 402 of that Act.\n(sec.111-ssec.2) However, if a GHG stream pipeline or water pipeline extends beyond the area of the GHG lease, subsection (1) applies only if the pipeline is completely within— the GHG lease’s area; and the area of 1 or more other GHG leases that are— contiguous to the GHG lease; and also held by the holder or are subject to a GHG coordination arrangement to which the holder is a party.\n(sec.111-ssec.3) Also, if the pipeline is a water pipeline, the pipeline may only be operated to transport water for the carrying out of an authorised activity for the GHG lease or another GHG lease mentioned in subsection (2) (b) on an area mentioned in subsection (2) .\n(sec.111-ssec.4) Subsection (3) does not prevent the GHG lease holder from constructing or operating a water pipeline if the holder can otherwise lawfully do so.\n(sec.111-ssec.5) In this section— operate , a GHG stream pipeline, includes use, inspect, test, maintain, repair, alter, add to and replace the pipeline. water pipeline means— a pipe or system of pipes for transporting water; and a thing connected to or associated with the pipeline that is necessary for its operation, including for example, a thing mentioned in the examples to section 17 (2) (b) .\n- (a) the GHG lease’s area; and\n- (b) the area of 1 or more other GHG leases that are— (i) contiguous to the GHG lease; and (ii) also held by the holder or are subject to a GHG coordination arrangement to which the holder is a party.\n- (i) contiguous to the GHG lease; and\n- (ii) also held by the holder or are subject to a GHG coordination arrangement to which the holder is a party.\n- (i) contiguous to the GHG lease; and\n- (ii) also held by the holder or are subject to a GHG coordination arrangement to which the holder is a party.\n- (a) a pipe or system of pipes for transporting water; and\n- (b) a thing connected to or associated with the pipeline that is necessary for its operation, including for example, a thing mentioned in the examples to section 17 (2) (b) .","sortOrder":142},{"sectionNumber":"sec.112","sectionType":"section","heading":"Incidental activities","content":"### sec.112 Incidental activities\n\nThe GHG lease holder may carry out an activity (an incidental activity ) in the lease’s area if carrying out the activity is reasonably necessary for or is incidental to another authorised activity for the lease.\nconstructing or operating facilities, plant or works, including for example, communication systems, compressors, powerlines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks\nconstructing or using temporary structures or structures of an industrial or technical nature, including for example, mobile and temporary camps\nHowever, constructing or using a structure other than a temporary structure, for office or residential accommodation is not an incidental activity.\ns 112 amd 2009 No. 36 s 872 sch 2\n(sec.112-ssec.1) The GHG lease holder may carry out an activity (an incidental activity ) in the lease’s area if carrying out the activity is reasonably necessary for or is incidental to another authorised activity for the lease. constructing or operating facilities, plant or works, including for example, communication systems, compressors, powerlines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks constructing or using temporary structures or structures of an industrial or technical nature, including for example, mobile and temporary camps\n(sec.112-ssec.2) However, constructing or using a structure other than a temporary structure, for office or residential accommodation is not an incidental activity.\n- 1 constructing or operating facilities, plant or works, including for example, communication systems, compressors, powerlines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks\n- 2 constructing or using temporary structures or structures of an industrial or technical nature, including for example, mobile and temporary camps","sortOrder":143},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Transition from GHG permit to GHG lease","content":"# Transition from GHG permit to GHG lease","sortOrder":144},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Applying for GHG lease","content":"## Applying for GHG lease","sortOrder":145},{"sectionNumber":"sec.113","sectionType":"section","heading":"Who may apply","content":"### sec.113 Who may apply\n\nA GHG permit holder may apply for a GHG lease over all or part of the permit’s area.\nFor inclusion of acquired land that was previously in the GHG permit’s area, see section 369C (3) .\nAlso, a person other than the holder may apply for the GHG lease—\njointly with the holder; or\nwith the holder’s consent.\nAn application under this section is a permit-related application .\ns 113 amd 2012 No. 20 s 34\n(sec.113-ssec.1) A GHG permit holder may apply for a GHG lease over all or part of the permit’s area. For inclusion of acquired land that was previously in the GHG permit’s area, see section 369C (3) .\n(sec.113-ssec.2) Also, a person other than the holder may apply for the GHG lease— jointly with the holder; or with the holder’s consent.\n(sec.113-ssec.3) An application under this section is a permit-related application .\n- (a) jointly with the holder; or\n- (b) with the holder’s consent.","sortOrder":146},{"sectionNumber":"sec.114","sectionType":"section","heading":"Requirements for making permit-related application","content":"### sec.114 Requirements for making permit-related application\n\nA permit-related application must—\nbe made to the Minister in the approved form; and\naddress the capability criteria; and\ninclude—\na statement about how and when the applicant proposes to consult with and keep informed each owner and occupier of private or public land on which authorised activities for the proposed GHG lease are or are likely to be carried out; and\na proposed development plan that complies with the initial development plan requirements; and\na statement about the extent to which the applicant has—\nthe financial and technical resources to carry out authorised activities for the proposed GHG lease; and\nthe ability to manage GHG stream storage; and\nbe accompanied by the fee prescribed under a regulation.\ns 114 amd 2010 No. 31 s 415 ; 2012 No. 20 s 125 sch 1\n- (a) be made to the Minister in the approved form; and\n- (b) address the capability criteria; and\n- (c) include— (i) a statement about how and when the applicant proposes to consult with and keep informed each owner and occupier of private or public land on which authorised activities for the proposed GHG lease are or are likely to be carried out; and (ii) a proposed development plan that complies with the initial development plan requirements; and (iii) a statement about the extent to which the applicant has— (A) the financial and technical resources to carry out authorised activities for the proposed GHG lease; and (B) the ability to manage GHG stream storage; and\n- (i) a statement about how and when the applicant proposes to consult with and keep informed each owner and occupier of private or public land on which authorised activities for the proposed GHG lease are or are likely to be carried out; and\n- (ii) a proposed development plan that complies with the initial development plan requirements; and\n- (iii) a statement about the extent to which the applicant has— (A) the financial and technical resources to carry out authorised activities for the proposed GHG lease; and (B) the ability to manage GHG stream storage; and\n- (A) the financial and technical resources to carry out authorised activities for the proposed GHG lease; and\n- (B) the ability to manage GHG stream storage; and\n- (d) be accompanied by the fee prescribed under a regulation.\n- (i) a statement about how and when the applicant proposes to consult with and keep informed each owner and occupier of private or public land on which authorised activities for the proposed GHG lease are or are likely to be carried out; and\n- (ii) a proposed development plan that complies with the initial development plan requirements; and\n- (iii) a statement about the extent to which the applicant has— (A) the financial and technical resources to carry out authorised activities for the proposed GHG lease; and (B) the ability to manage GHG stream storage; and\n- (A) the financial and technical resources to carry out authorised activities for the proposed GHG lease; and\n- (B) the ability to manage GHG stream storage; and\n- (A) the financial and technical resources to carry out authorised activities for the proposed GHG lease; and\n- (B) the ability to manage GHG stream storage; and","sortOrder":147},{"sectionNumber":"sec.115","sectionType":"section","heading":"Rejection of permit-related application if applicant disqualified","content":"### sec.115 Rejection of permit-related application if applicant disqualified\n\nThe Minister must reject a permit-related application for a GHG lease if the Minister decides the person making the application is disqualified under the Common Provisions Act , chapter 7 from being granted the GHG lease.\nOn rejection of the application, the Minister must give the person making the application a notice about the decision.\ns 115 prev s 115 om 2010 No. 31 s 416\npres s 115 ins 2020 No. 14 s 48\n(sec.115-ssec.1) The Minister must reject a permit-related application for a GHG lease if the Minister decides the person making the application is disqualified under the Common Provisions Act , chapter 7 from being granted the GHG lease.\n(sec.115-ssec.2) On rejection of the application, the Minister must give the person making the application a notice about the decision.","sortOrder":148},{"sectionNumber":"sec.116","sectionType":"section","heading":"Continuing effect of GHG permit for permit-related application","content":"### sec.116 Continuing effect of GHG permit for permit-related application\n\nThis section applies if other than for subsection (2) , the relevant GHG permit would other than by cancellation under this Act, end before the permit-related application is decided.\nThe GHG permit continues in force for the area the subject of the application until the earlier of the following to happen—\nthe start of the term of the GHG lease;\na refusal of the application takes effect;\nthe application is withdrawn.\nDespite any ending of the program period for the current work program for the GHG permit—\nthe GHG permit is taken to have a work program; and\nthe holder may carry out any authorised activity for the GHG permit.\n(sec.116-ssec.1) This section applies if other than for subsection (2) , the relevant GHG permit would other than by cancellation under this Act, end before the permit-related application is decided.\n(sec.116-ssec.2) The GHG permit continues in force for the area the subject of the application until the earlier of the following to happen— the start of the term of the GHG lease; a refusal of the application takes effect; the application is withdrawn.\n(sec.116-ssec.3) Despite any ending of the program period for the current work program for the GHG permit— the GHG permit is taken to have a work program; and the holder may carry out any authorised activity for the GHG permit.\n- (a) the start of the term of the GHG lease;\n- (b) a refusal of the application takes effect;\n- (c) the application is withdrawn.\n- (a) the GHG permit is taken to have a work program; and\n- (b) the holder may carry out any authorised activity for the GHG permit.","sortOrder":149},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Deciding permit-related applications","content":"## Deciding permit-related applications","sortOrder":150},{"sectionNumber":"sec.117","sectionType":"section","heading":"Deciding whether to grant GHG lease","content":"### sec.117 Deciding whether to grant GHG lease\n\nSubject to sections 119 and 121 , the Minister may grant a GHG lease applied for under a permit-related application only if the Minister is satisfied the requirements mentioned in section 118 (the requirements for grant ) have been complied with.\nIf the application relates to acquired land that was previously in the relevant GHG permit’s area, see also section 369C .\nThe application must be refused if the Minister is not satisfied any requirement for grant other than the requirement mentioned section 118 (1) (c) has been complied with.\nIf the Minister is satisfied the requirements for grant other than the requirement mentioned section 118 (1) (c) have been complied with, the Minister may grant the GHG lease.\ns 117 amd 2012 No. 20 s 35\n(sec.117-ssec.1) Subject to sections 119 and 121 , the Minister may grant a GHG lease applied for under a permit-related application only if the Minister is satisfied the requirements mentioned in section 118 (the requirements for grant ) have been complied with. If the application relates to acquired land that was previously in the relevant GHG permit’s area, see also section 369C .\n(sec.117-ssec.2) The application must be refused if the Minister is not satisfied any requirement for grant other than the requirement mentioned section 118 (1) (c) has been complied with.\n(sec.117-ssec.3) If the Minister is satisfied the requirements for grant other than the requirement mentioned section 118 (1) (c) have been complied with, the Minister may grant the GHG lease.","sortOrder":151},{"sectionNumber":"sec.118","sectionType":"section","heading":"Requirements for grant","content":"### sec.118 Requirements for grant\n\nThe requirements for grant are each of the following—\nthe applicant is an eligible person;\nthe proposed area of the proposed GHG lease—\nis appropriate for the authorised activities proposed to be carried out; and\ncontains an adequately identified GHG stream storage site that is adequate for the proposed purpose of the GHG lease;\nthe conditions of the relevant GHG permit have been substantially complied with;\nthe Minister has approved the applicant’s proposed initial development plan for the GHG lease;\na relevant environmental authority has been issued;\nthe applicant has established that—\nGHG stream storage in the GHG lease’s area is or is likely to happen within 5 years after the lease is to take effect; or\nthe applicant has entered into a contract, GHG coordination arrangement or other arrangement for GHG stream storage in the GHG lease’s area (a relevant arrangement );\nthe applicant has paid the annual rent for the first year of the proposed GHG lease;\nthe applicant has given under section 271 , security for the GHG lease;\nthe Minister is of the opinion that the applicant is capable of carrying out authorised activities for the GHG lease having regard to the applicant’s—\nfinancial and technical resources; and\nability to carry out GHG stream storage.\nThe matters mentioned in subsection (1) (i) are the capability criteria .\nA person satisfies the capability criteria if the Minister forms the opinion about the person mentioned in subsection (1) (i) .\n(sec.118-ssec.1) The requirements for grant are each of the following— the applicant is an eligible person; the proposed area of the proposed GHG lease— is appropriate for the authorised activities proposed to be carried out; and contains an adequately identified GHG stream storage site that is adequate for the proposed purpose of the GHG lease; the conditions of the relevant GHG permit have been substantially complied with; the Minister has approved the applicant’s proposed initial development plan for the GHG lease; a relevant environmental authority has been issued; the applicant has established that— GHG stream storage in the GHG lease’s area is or is likely to happen within 5 years after the lease is to take effect; or the applicant has entered into a contract, GHG coordination arrangement or other arrangement for GHG stream storage in the GHG lease’s area (a relevant arrangement ); the applicant has paid the annual rent for the first year of the proposed GHG lease; the applicant has given under section 271 , security for the GHG lease; the Minister is of the opinion that the applicant is capable of carrying out authorised activities for the GHG lease having regard to the applicant’s— financial and technical resources; and ability to carry out GHG stream storage.\n(sec.118-ssec.2) The matters mentioned in subsection (1) (i) are the capability criteria .\n(sec.118-ssec.3) A person satisfies the capability criteria if the Minister forms the opinion about the person mentioned in subsection (1) (i) .\n- (a) the applicant is an eligible person;\n- (b) the proposed area of the proposed GHG lease— (i) is appropriate for the authorised activities proposed to be carried out; and (ii) contains an adequately identified GHG stream storage site that is adequate for the proposed purpose of the GHG lease;\n- (i) is appropriate for the authorised activities proposed to be carried out; and\n- (ii) contains an adequately identified GHG stream storage site that is adequate for the proposed purpose of the GHG lease;\n- (c) the conditions of the relevant GHG permit have been substantially complied with;\n- (d) the Minister has approved the applicant’s proposed initial development plan for the GHG lease;\n- (e) a relevant environmental authority has been issued;\n- (f) the applicant has established that— (i) GHG stream storage in the GHG lease’s area is or is likely to happen within 5 years after the lease is to take effect; or (ii) the applicant has entered into a contract, GHG coordination arrangement or other arrangement for GHG stream storage in the GHG lease’s area (a relevant arrangement );\n- (i) GHG stream storage in the GHG lease’s area is or is likely to happen within 5 years after the lease is to take effect; or\n- (ii) the applicant has entered into a contract, GHG coordination arrangement or other arrangement for GHG stream storage in the GHG lease’s area (a relevant arrangement );\n- (g) the applicant has paid the annual rent for the first year of the proposed GHG lease;\n- (h) the applicant has given under section 271 , security for the GHG lease;\n- (i) the Minister is of the opinion that the applicant is capable of carrying out authorised activities for the GHG lease having regard to the applicant’s— (i) financial and technical resources; and (ii) ability to carry out GHG stream storage.\n- (i) financial and technical resources; and\n- (ii) ability to carry out GHG stream storage.\n- (i) is appropriate for the authorised activities proposed to be carried out; and\n- (ii) contains an adequately identified GHG stream storage site that is adequate for the proposed purpose of the GHG lease;\n- (i) GHG stream storage in the GHG lease’s area is or is likely to happen within 5 years after the lease is to take effect; or\n- (ii) the applicant has entered into a contract, GHG coordination arrangement or other arrangement for GHG stream storage in the GHG lease’s area (a relevant arrangement );\n- (i) financial and technical resources; and\n- (ii) ability to carry out GHG stream storage.","sortOrder":152},{"sectionNumber":"sec.119","sectionType":"section","heading":"Exception for particular relevant arrangements","content":"### sec.119 Exception for particular relevant arrangements\n\nThe application may be refused if the Minister—\nis not satisfied of the matter under section 118 (1) (f) (i) ; and\nis satisfied the applicant has entered into a relevant arrangement, but the Minister reasonably believes—\nthe arrangement is not an arms-length commercial transaction; or\nsupply under the arrangement is unlikely to be carried out.\n- (a) is not satisfied of the matter under section 118 (1) (f) (i) ; and\n- (b) is satisfied the applicant has entered into a relevant arrangement, but the Minister reasonably believes— (i) the arrangement is not an arms-length commercial transaction; or (ii) supply under the arrangement is unlikely to be carried out.\n- (i) the arrangement is not an arms-length commercial transaction; or\n- (ii) supply under the arrangement is unlikely to be carried out.\n- (i) the arrangement is not an arms-length commercial transaction; or\n- (ii) supply under the arrangement is unlikely to be carried out.","sortOrder":153},{"sectionNumber":"sec.120","sectionType":"section","heading":"Provisions of GHG lease","content":"### sec.120 Provisions of GHG lease\n\nA GHG lease must state its area.\nA GHG lease may also state—\nconditions or other provisions of the GHG lease other than conditions or provisions that are—\ninconsistent with the mandatory conditions for GHG leases; or\nthe same as or substantially the same as or inconsistent with any relevant environmental condition; and\na day for the GHG lease to take effect; and\na day by which GHG stream storage under the GHG lease is to start (the storage commencement day ).\nHowever, the provisions of the GHG lease may exclude or restrict the carrying out of an authorised activity for the lease.\nThe day of effect must not be before the day the GHG lease is granted.\nIf no day of effect is decided, the GHG lease takes effect on the day it is granted.\nThe storage commencement day may be more than 5 years after the day of effect only if the Minister is satisfied the holder has entered into a relevant arrangement.\nIn deciding the provisions of the GHG lease the Minister must consider the development plan criteria and capability criteria.\nThis section applies subject to section 121 .\n(sec.120-ssec.1) A GHG lease must state its area.\n(sec.120-ssec.2) A GHG lease may also state— conditions or other provisions of the GHG lease other than conditions or provisions that are— inconsistent with the mandatory conditions for GHG leases; or the same as or substantially the same as or inconsistent with any relevant environmental condition; and a day for the GHG lease to take effect; and a day by which GHG stream storage under the GHG lease is to start (the storage commencement day ).\n(sec.120-ssec.3) However, the provisions of the GHG lease may exclude or restrict the carrying out of an authorised activity for the lease.\n(sec.120-ssec.4) The day of effect must not be before the day the GHG lease is granted.\n(sec.120-ssec.5) If no day of effect is decided, the GHG lease takes effect on the day it is granted.\n(sec.120-ssec.6) The storage commencement day may be more than 5 years after the day of effect only if the Minister is satisfied the holder has entered into a relevant arrangement.\n(sec.120-ssec.7) In deciding the provisions of the GHG lease the Minister must consider the development plan criteria and capability criteria.\n(sec.120-ssec.8) This section applies subject to section 121 .\n- (a) conditions or other provisions of the GHG lease other than conditions or provisions that are— (i) inconsistent with the mandatory conditions for GHG leases; or (ii) the same as or substantially the same as or inconsistent with any relevant environmental condition; and\n- (i) inconsistent with the mandatory conditions for GHG leases; or\n- (ii) the same as or substantially the same as or inconsistent with any relevant environmental condition; and\n- (b) a day for the GHG lease to take effect; and\n- (c) a day by which GHG stream storage under the GHG lease is to start (the storage commencement day ).\n- (i) inconsistent with the mandatory conditions for GHG leases; or\n- (ii) the same as or substantially the same as or inconsistent with any relevant environmental condition; and","sortOrder":154},{"sectionNumber":"sec.121","sectionType":"section","heading":"Provisions about grant and conditions of GHG lease for coordinated project","content":"### sec.121 Provisions about grant and conditions of GHG lease for coordinated project\n\nThis section applies if a proposed GHG lease is for a coordinated project.\nThe Minister must not grant the GHG lease until the Minister has been given the Coordinator-General’s report for the project.\nAny Coordinator-General’s conditions for the GHG lease must be stated in the lease.\nAny other condition of the GHG lease stated under section 120 must not be inconsistent with the Coordinator-General’s conditions.\nIf a mandatory condition for GHG leases conflicts with any of the Coordinator-General’s conditions, the mandatory condition prevails to the extent of the inconsistency.\nIn this section—\nCoordinator-General’s conditions , for the proposed GHG lease, means the conditions for the lease stated in the Coordinator-General’s report for the coordinated project.\nCoordinator-General’s report , for a coordinated project, means—\nif an EIS was prepared for the project—the Coordinator-General’s report for the EIS prepared under the State Development Act , section 34D ; or\nif an IAR was prepared for the project—the Coordinator-General’s report for the IAR prepared under the State Development Act , section 34L .\nEIS means an EIS under the State Development Act .\nIAR means an IAR under the State Development Act .\ns 121 amd 2012 No. 43 s 325 sch 2 ; 2014 No. 40 s 154 sch 1 pt 1\n(sec.121-ssec.1) This section applies if a proposed GHG lease is for a coordinated project.\n(sec.121-ssec.2) The Minister must not grant the GHG lease until the Minister has been given the Coordinator-General’s report for the project.\n(sec.121-ssec.3) Any Coordinator-General’s conditions for the GHG lease must be stated in the lease.\n(sec.121-ssec.4) Any other condition of the GHG lease stated under section 120 must not be inconsistent with the Coordinator-General’s conditions.\n(sec.121-ssec.5) If a mandatory condition for GHG leases conflicts with any of the Coordinator-General’s conditions, the mandatory condition prevails to the extent of the inconsistency.\n(sec.121-ssec.6) In this section— Coordinator-General’s conditions , for the proposed GHG lease, means the conditions for the lease stated in the Coordinator-General’s report for the coordinated project. Coordinator-General’s report , for a coordinated project, means— if an EIS was prepared for the project—the Coordinator-General’s report for the EIS prepared under the State Development Act , section 34D ; or if an IAR was prepared for the project—the Coordinator-General’s report for the IAR prepared under the State Development Act , section 34L . EIS means an EIS under the State Development Act . IAR means an IAR under the State Development Act .\n- (a) if an EIS was prepared for the project—the Coordinator-General’s report for the EIS prepared under the State Development Act , section 34D ; or\n- (b) if an IAR was prepared for the project—the Coordinator-General’s report for the IAR prepared under the State Development Act , section 34L .","sortOrder":155},{"sectionNumber":"sec.122","sectionType":"section","heading":"Information notice about refusal","content":"### sec.122 Information notice about refusal\n\nIf the Minister decides to refuse the application, the Minister must give the applicant an information notice about the decision.","sortOrder":156},{"sectionNumber":"sec.123","sectionType":"section","heading":"When refusal takes effect","content":"### sec.123 When refusal takes effect\n\nA refusal of the application does not take effect until the end of the appeal period for the decision to refuse.","sortOrder":157},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Obtaining GHG lease by competitive tender","content":"# Obtaining GHG lease by competitive tender","sortOrder":158},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":159},{"sectionNumber":"sec.124","sectionType":"section","heading":"Operation of pt 3","content":"### sec.124 Operation of pt 3\n\nThis part provides for a process for the granting of GHG leases by competitive tender.\nTo remove any doubt, it is declared that a GHG lease can only be granted under this part or part 2 .\n(sec.124-ssec.1) This part provides for a process for the granting of GHG leases by competitive tender.\n(sec.124-ssec.2) To remove any doubt, it is declared that a GHG lease can only be granted under this part or part 2 .","sortOrder":160},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Calls for tenders","content":"## Calls for tenders","sortOrder":161},{"sectionNumber":"sec.125","sectionType":"section","heading":"Call for tenders","content":"### sec.125 Call for tenders\n\nThe Minister may by gazette notice invite tenders for a GHG lease (a call for tenders ) for land other than unavailable land for a GHG lease.\nThe call must state—\nthe day and time by which tenders in response to it must be made (the closing time for the call); and\nany criteria ( special criteria ) other than the development plan criteria and capability criteria proposed to be used to decide whether to grant the GHG lease or to decide its provisions.\nThe call may state other relevant matters, including for example, matters relevant to the development plan, capability or special criteria.\ns 125 amd 2010 No. 31 s 417\n(sec.125-ssec.1) The Minister may by gazette notice invite tenders for a GHG lease (a call for tenders ) for land other than unavailable land for a GHG lease.\n(sec.125-ssec.2) The call must state— the day and time by which tenders in response to it must be made (the closing time for the call); and any criteria ( special criteria ) other than the development plan criteria and capability criteria proposed to be used to decide whether to grant the GHG lease or to decide its provisions.\n(sec.125-ssec.3) The call may state other relevant matters, including for example, matters relevant to the development plan, capability or special criteria.\n- (a) the day and time by which tenders in response to it must be made (the closing time for the call); and\n- (b) any criteria ( special criteria ) other than the development plan criteria and capability criteria proposed to be used to decide whether to grant the GHG lease or to decide its provisions.","sortOrder":162},{"sectionNumber":"sec.126","sectionType":"section","heading":"Right to tender","content":"### sec.126 Right to tender\n\nAn eligible person may tender for a proposed GHG lease the subject of a call for tenders.\nHowever, a tender—\nmust comply with the requirements under section 114 for making a permit-related application; and\nmust be made to the Minister in the approved form; and\ncan not be made—\nafter the closing time for the call; or\nfor only part of the area of the proposed GHG lease.\ns 126 amd 2011 No. 2 s 63\n(sec.126-ssec.1) An eligible person may tender for a proposed GHG lease the subject of a call for tenders.\n(sec.126-ssec.2) However, a tender— must comply with the requirements under section 114 for making a permit-related application; and must be made to the Minister in the approved form; and can not be made— after the closing time for the call; or for only part of the area of the proposed GHG lease.\n- (a) must comply with the requirements under section 114 for making a permit-related application; and\n- (b) must be made to the Minister in the approved form; and\n- (c) can not be made— (i) after the closing time for the call; or (ii) for only part of the area of the proposed GHG lease.\n- (i) after the closing time for the call; or\n- (ii) for only part of the area of the proposed GHG lease.\n- (i) after the closing time for the call; or\n- (ii) for only part of the area of the proposed GHG lease.","sortOrder":163},{"sectionNumber":"sec.126A","sectionType":"section","heading":"Rejection of tender if tenderer disqualified","content":"### sec.126A Rejection of tender if tenderer disqualified\n\nThe Minister must reject a tender for a proposed GHG lease if the Minister decides the tenderer is disqualified under the Common Provisions Act , chapter 7 from being granted the GHG lease.\nOn rejection of the tender, the Minister must give the tenderer a notice about the decision.\ns 126A ins 2020 No. 14 s 49\n(sec.126A-ssec.1) The Minister must reject a tender for a proposed GHG lease if the Minister decides the tenderer is disqualified under the Common Provisions Act , chapter 7 from being granted the GHG lease.\n(sec.126A-ssec.2) On rejection of the tender, the Minister must give the tenderer a notice about the decision.","sortOrder":164},{"sectionNumber":"sec.127","sectionType":"section","heading":"Right to terminate call for tenders","content":"### sec.127 Right to terminate call for tenders\n\nThe Minister may by gazette notice terminate a call for tenders at any time before deciding whether to grant a GHG lease to a person who has made a tender in response to the call.\nAll tenders in response to the call lapse when the call is terminated.\nNo amount, whether by way of compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the termination.\n(sec.127-ssec.1) The Minister may by gazette notice terminate a call for tenders at any time before deciding whether to grant a GHG lease to a person who has made a tender in response to the call.\n(sec.127-ssec.2) All tenders in response to the call lapse when the call is terminated.\n(sec.127-ssec.3) No amount, whether by way of compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the termination.","sortOrder":165},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":"Deciding tenders","content":"## Deciding tenders","sortOrder":166},{"sectionNumber":"sec.128","sectionType":"section","heading":"Process for deciding tenders","content":"### sec.128 Process for deciding tenders\n\nSubject to section 132 , any process the Minister considers appropriate may be used to decide a call for tenders, including for example, by a process appointing a preferred tenderer on the tenders made in response to the call.","sortOrder":167},{"sectionNumber":"sec.129","sectionType":"section","heading":"Provisions for preferred tenderers","content":"### sec.129 Provisions for preferred tenderers\n\nThe Minister may require a preferred tenderer for the call for tenders to—\npay any amounts necessarily incurred or to be incurred to enable the GHG lease to be granted; and\nto do all or any of the following within a stated reasonable period—\npay the annual rent for the first year of the GHG lease;\ngive security for the GHG lease as required under section 271 .\nIf a preferred tenderer does not—\ncomply with a requirement under subsection (1) ; or\ndo all things reasonably necessary to allow a GHG lease to be granted to the tenderer;\nthe Minister may appoint another tenderer to be the preferred tenderer.\n(sec.129-ssec.1) The Minister may require a preferred tenderer for the call for tenders to— pay any amounts necessarily incurred or to be incurred to enable the GHG lease to be granted; and to do all or any of the following within a stated reasonable period— pay the annual rent for the first year of the GHG lease; give security for the GHG lease as required under section 271 .\n(sec.129-ssec.2) If a preferred tenderer does not— comply with a requirement under subsection (1) ; or do all things reasonably necessary to allow a GHG lease to be granted to the tenderer; the Minister may appoint another tenderer to be the preferred tenderer.\n- (a) pay any amounts necessarily incurred or to be incurred to enable the GHG lease to be granted; and\n- (b) to do all or any of the following within a stated reasonable period— (i) pay the annual rent for the first year of the GHG lease; (ii) give security for the GHG lease as required under section 271 .\n- (i) pay the annual rent for the first year of the GHG lease;\n- (ii) give security for the GHG lease as required under section 271 .\n- (i) pay the annual rent for the first year of the GHG lease;\n- (ii) give security for the GHG lease as required under section 271 .\n- (a) comply with a requirement under subsection (1) ; or\n- (b) do all things reasonably necessary to allow a GHG lease to be granted to the tenderer;","sortOrder":168},{"sectionNumber":"sec.130","sectionType":"section","heading":"Deciding whether to grant GHG lease","content":"### sec.130 Deciding whether to grant GHG lease\n\nThe Minister may, after the closing time for the call for tenders—\ngrant a GHG lease to 1 tenderer; or\nrefuse to grant any GHG lease.\nHowever—\nbefore deciding to grant the GHG lease, the Minister must decide whether to approve the applicant’s proposed initial development plan for the GHG lease; and\nthe Minister can not grant the GHG lease unless—\nthe tenderer is an eligible person; and\nthe proposed plan has been approved; and\nthe Minister is satisfied the requirements for grant other than the requirement mentioned in section 118 (1) (c) have been complied with; and\na relevant environmental authority has been issued.\nIf a tender relates to acquired land, see also section 369C .\nThis section applies subject to section 121 .\ns 130 amd 2012 No. 20 s 36\n(sec.130-ssec.1) The Minister may, after the closing time for the call for tenders— grant a GHG lease to 1 tenderer; or refuse to grant any GHG lease.\n(sec.130-ssec.2) However— before deciding to grant the GHG lease, the Minister must decide whether to approve the applicant’s proposed initial development plan for the GHG lease; and the Minister can not grant the GHG lease unless— the tenderer is an eligible person; and the proposed plan has been approved; and the Minister is satisfied the requirements for grant other than the requirement mentioned in section 118 (1) (c) have been complied with; and a relevant environmental authority has been issued. If a tender relates to acquired land, see also section 369C .\n(sec.130-ssec.3) This section applies subject to section 121 .\n- (a) grant a GHG lease to 1 tenderer; or\n- (b) refuse to grant any GHG lease.\n- (a) before deciding to grant the GHG lease, the Minister must decide whether to approve the applicant’s proposed initial development plan for the GHG lease; and\n- (b) the Minister can not grant the GHG lease unless— (i) the tenderer is an eligible person; and (ii) the proposed plan has been approved; and (iii) the Minister is satisfied the requirements for grant other than the requirement mentioned in section 118 (1) (c) have been complied with; and (iv) a relevant environmental authority has been issued. Note— If a tender relates to acquired land, see also section 369C .\n- (i) the tenderer is an eligible person; and\n- (ii) the proposed plan has been approved; and\n- (iii) the Minister is satisfied the requirements for grant other than the requirement mentioned in section 118 (1) (c) have been complied with; and\n- (iv) a relevant environmental authority has been issued.\n- (i) the tenderer is an eligible person; and\n- (ii) the proposed plan has been approved; and\n- (iii) the Minister is satisfied the requirements for grant other than the requirement mentioned in section 118 (1) (c) have been complied with; and\n- (iv) a relevant environmental authority has been issued.","sortOrder":169},{"sectionNumber":"sec.131","sectionType":"section","heading":"Provisions of GHG lease","content":"### sec.131 Provisions of GHG lease\n\nSections 120 and 121 apply to a GHG lease granted under this part as if the tender for the lease was a permit-related application.","sortOrder":170},{"sectionNumber":"sec.132","sectionType":"section","heading":"Criteria for decisions","content":"### sec.132 Criteria for decisions\n\nIn considering whether to grant a GHG lease or its provisions the Minister must consider the development plan criteria, capability criteria and any special criteria.\nThe Minister may give the weight to each of the development plan, capability and special criteria that the Minister considers appropriate in the circumstances.\n(sec.132-ssec.1) In considering whether to grant a GHG lease or its provisions the Minister must consider the development plan criteria, capability criteria and any special criteria.\n(sec.132-ssec.2) The Minister may give the weight to each of the development plan, capability and special criteria that the Minister considers appropriate in the circumstances.","sortOrder":171},{"sectionNumber":"sec.133","sectionType":"section","heading":"Notice to unsuccessful tenderers","content":"### sec.133 Notice to unsuccessful tenderers\n\nAfter a call for tenders has been decided, the Minister must give each tenderer not granted the GHG lease notice of the decision.","sortOrder":172},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Term and area provisions","content":"# Term and area provisions","sortOrder":173},{"sectionNumber":"sec.134","sectionType":"section","heading":"Term of GHG lease","content":"### sec.134 Term of GHG lease\n\nA GHG lease—\ndoes not have a fixed term; and\ncontinues in force until it is surrendered or otherwise ends under this Act.\n- (a) does not have a fixed term; and\n- (b) continues in force until it is surrendered or otherwise ends under this Act.","sortOrder":174},{"sectionNumber":"sec.135","sectionType":"section","heading":"Area of GHG lease","content":"### sec.135 Area of GHG lease\n\nThis section provides for the area of a GHG lease.\nThe area does not include excluded land for the GHG lease.\nSee also section 369B (3) if land in the GHG lease’s area is taken under a resumption law.\nUnless the Minister otherwise decides, the area must form a single parcel of land.\nThe area must not include any of the following ( unavailable land )—\nland in the area of another GHG tenure other than land that will under section 48 , cease to be included in the area of a GHG permit on the grant of the GHG lease;\nland in the Great Artesian Basin;\nexcluded land for another GHG tenure;\nland that a regulation prescribes as land over which a GHG lease can not be granted.\nThe area may include a part of a sub-block only if the part is all areas within the sub-block that are left after taking away all unavailable land within the sub-block.\nSee also section 369B (3) if land in the GHG lease’s area is taken under a resumption law.\ns 135 amd 2012 No. 20 s 37 ; 2024 No. 33 s 35C\n(sec.135-ssec.1) This section provides for the area of a GHG lease.\n(sec.135-ssec.2) The area does not include excluded land for the GHG lease. See also section 369B (3) if land in the GHG lease’s area is taken under a resumption law.\n(sec.135-ssec.3) Unless the Minister otherwise decides, the area must form a single parcel of land.\n(sec.135-ssec.4) The area must not include any of the following ( unavailable land )— land in the area of another GHG tenure other than land that will under section 48 , cease to be included in the area of a GHG permit on the grant of the GHG lease; land in the Great Artesian Basin; excluded land for another GHG tenure; land that a regulation prescribes as land over which a GHG lease can not be granted.\n(sec.135-ssec.5) The area may include a part of a sub-block only if the part is all areas within the sub-block that are left after taking away all unavailable land within the sub-block. See also section 369B (3) if land in the GHG lease’s area is taken under a resumption law.\n- (a) land in the area of another GHG tenure other than land that will under section 48 , cease to be included in the area of a GHG permit on the grant of the GHG lease;\n- (b) land in the Great Artesian Basin;\n- (c) excluded land for another GHG tenure;\n- (d) land that a regulation prescribes as land over which a GHG lease can not be granted.","sortOrder":175},{"sectionNumber":"sec.136","sectionType":"section","heading":"References to sub-blocks of GHG lease","content":"### sec.136 References to sub-blocks of GHG lease\n\nThis section applies if a GHG lease states that its area includes land within a block without including or excluding any particular sub-block.\nThe reference to the block is a reference to all sub-blocks within the block to the extent they do not consist of unavailable land.\nSee also section 369B (3) if land in the GHG lease’s area is taken under a resumption law.\nTo remove any doubt, it is declared that if land within any of the sub-blocks ceases to be unavailable land, the cessation itself does not cause the land to be within the GHG lease’s area.\ns 136 amd 2012 No. 20 s 38\n(sec.136-ssec.1) This section applies if a GHG lease states that its area includes land within a block without including or excluding any particular sub-block.\n(sec.136-ssec.2) The reference to the block is a reference to all sub-blocks within the block to the extent they do not consist of unavailable land. See also section 369B (3) if land in the GHG lease’s area is taken under a resumption law.\n(sec.136-ssec.3) To remove any doubt, it is declared that if land within any of the sub-blocks ceases to be unavailable land, the cessation itself does not cause the land to be within the GHG lease’s area.","sortOrder":176},{"sectionNumber":"sec.137","sectionType":"section","heading":"Minister’s power to decide excluded land","content":"### sec.137 Minister’s power to decide excluded land\n\nThe Minister may decide excluded land for a GHG lease or proposed GHG lease.\nHowever, the power under subsection (1) may be exercised only when the Minister is deciding whether to—\ngrant the GHG lease; or\napprove any later development plan for the GHG lease.\nHowever, excluded land—\nmust be within any sub-block included in the area of the GHG lease; and\ncan not be a whole sub-block.\nFor subsection (3) (a) , if the register—\nstates that the GHG lease’s area includes land within a block; but\ndoes not include or exclude any particular sub-block within that block;\nthe reference to the block in the register is a reference to all sub-blocks within the block other than any sub-block that is completely within the area of another GHG tenure.\nExcluded land may be described in a way the Minister considers appropriate, including for example, by area or by reference to a stated type of land.\nLand ceases to be excluded land for a GHG lease if for any reason, the sub-block in which the land is located ceases to be in the lease’s area.\ns 137 amd 2018 No. 24 s 19\n(sec.137-ssec.1) The Minister may decide excluded land for a GHG lease or proposed GHG lease.\n(sec.137-ssec.2) However, the power under subsection (1) may be exercised only when the Minister is deciding whether to— grant the GHG lease; or approve any later development plan for the GHG lease.\n(sec.137-ssec.3) However, excluded land— must be within any sub-block included in the area of the GHG lease; and can not be a whole sub-block.\n(sec.137-ssec.4) For subsection (3) (a) , if the register— states that the GHG lease’s area includes land within a block; but does not include or exclude any particular sub-block within that block; the reference to the block in the register is a reference to all sub-blocks within the block other than any sub-block that is completely within the area of another GHG tenure.\n(sec.137-ssec.5) Excluded land may be described in a way the Minister considers appropriate, including for example, by area or by reference to a stated type of land.\n(sec.137-ssec.6) Land ceases to be excluded land for a GHG lease if for any reason, the sub-block in which the land is located ceases to be in the lease’s area.\n- (a) grant the GHG lease; or\n- (b) approve any later development plan for the GHG lease.\n- (a) must be within any sub-block included in the area of the GHG lease; and\n- (b) can not be a whole sub-block.\n- (a) states that the GHG lease’s area includes land within a block; but\n- (b) does not include or exclude any particular sub-block within that block;","sortOrder":177},{"sectionNumber":"sec.138","sectionType":"section","heading":"Minister may add excluded land","content":"### sec.138 Minister may add excluded land\n\nThe Minister may amend a GHG lease by adding excluded land for the GHG lease to its area only if—\nthe GHG lease as amended complies with section 135 ; and\nthe GHG lease holder consents.\nIf land mentioned in subsection (1) is added to the area of the GHG lease, the land ceases to be excluded land for the lease.\nThe Minister may amend the provisions of the GHG lease in a way that reflects the inclusion of the excluded land.\nAlso, the Minister may give the GHG lease holder a notice—\nwithdrawing from a stated day, the approval of the development plan for the GHG lease; and\ndirecting the holder to give the Minister a proposed later development plan for the GHG lease that—\ncomplies with the later development plan requirements; and\nchanges the development plan for the GHG lease to reflect the inclusion of the excluded land.\nThe amended provisions of the GHG lease or the proposed later development plan must not be—\ninconsistent with the mandatory conditions for GHG leases; or\nthe same as or substantially the same as or inconsistent with any relevant environmental condition.\n(sec.138-ssec.1) The Minister may amend a GHG lease by adding excluded land for the GHG lease to its area only if— the GHG lease as amended complies with section 135 ; and the GHG lease holder consents.\n(sec.138-ssec.2) If land mentioned in subsection (1) is added to the area of the GHG lease, the land ceases to be excluded land for the lease.\n(sec.138-ssec.3) The Minister may amend the provisions of the GHG lease in a way that reflects the inclusion of the excluded land.\n(sec.138-ssec.4) Also, the Minister may give the GHG lease holder a notice— withdrawing from a stated day, the approval of the development plan for the GHG lease; and directing the holder to give the Minister a proposed later development plan for the GHG lease that— complies with the later development plan requirements; and changes the development plan for the GHG lease to reflect the inclusion of the excluded land.\n(sec.138-ssec.5) The amended provisions of the GHG lease or the proposed later development plan must not be— inconsistent with the mandatory conditions for GHG leases; or the same as or substantially the same as or inconsistent with any relevant environmental condition.\n- (a) the GHG lease as amended complies with section 135 ; and\n- (b) the GHG lease holder consents.\n- (a) withdrawing from a stated day, the approval of the development plan for the GHG lease; and\n- (b) directing the holder to give the Minister a proposed later development plan for the GHG lease that— (i) complies with the later development plan requirements; and (ii) changes the development plan for the GHG lease to reflect the inclusion of the excluded land.\n- (i) complies with the later development plan requirements; and\n- (ii) changes the development plan for the GHG lease to reflect the inclusion of the excluded land.\n- (i) complies with the later development plan requirements; and\n- (ii) changes the development plan for the GHG lease to reflect the inclusion of the excluded land.\n- (a) inconsistent with the mandatory conditions for GHG leases; or\n- (b) the same as or substantially the same as or inconsistent with any relevant environmental condition.","sortOrder":178},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Development plans","content":"# Development plans","sortOrder":179},{"sectionNumber":"ch.3-pt.5-div.1","sectionType":"division","heading":"Function and purpose","content":"## Function and purpose","sortOrder":180},{"sectionNumber":"sec.139","sectionType":"section","heading":"Function and purpose","content":"### sec.139 Function and purpose\n\nThe development plan for a GHG lease (the relevant lease ) gives detailed information about the nature and extent of activities to be carried out under the relevant lease.\nThe development plan may—\nalso relate to another GHG lease or proposed GHG lease if the other GHG lease or proposed GHG lease relates to the relevant lease; and\nprovide that when the plan is approved it will replace any development plan for the other lease.\nThe purposes of giving the information are to—\nallow resource management decisions to be made; and\nensure appropriate development of the GHG lease.\n(sec.139-ssec.1) The development plan for a GHG lease (the relevant lease ) gives detailed information about the nature and extent of activities to be carried out under the relevant lease.\n(sec.139-ssec.2) The development plan may— also relate to another GHG lease or proposed GHG lease if the other GHG lease or proposed GHG lease relates to the relevant lease; and provide that when the plan is approved it will replace any development plan for the other lease.\n(sec.139-ssec.3) The purposes of giving the information are to— allow resource management decisions to be made; and ensure appropriate development of the GHG lease.\n- (a) also relate to another GHG lease or proposed GHG lease if the other GHG lease or proposed GHG lease relates to the relevant lease; and\n- (b) provide that when the plan is approved it will replace any development plan for the other lease.\n- (a) allow resource management decisions to be made; and\n- (b) ensure appropriate development of the GHG lease.","sortOrder":181},{"sectionNumber":"ch.3-pt.5-div.2","sectionType":"division","heading":"Requirements for proposed initial development plans","content":"## Requirements for proposed initial development plans","sortOrder":182},{"sectionNumber":"sec.140","sectionType":"section","heading":"Operation of div 2","content":"### sec.140 Operation of div 2\n\nThis division provides for requirements (the initial development plan requirements ) for a proposed initial development plan for a proposed GHG lease.","sortOrder":183},{"sectionNumber":"sec.141","sectionType":"section","heading":"General requirements","content":"### sec.141 General requirements\n\nThe proposed plan must provide for all of the following—\nan overview of the activities proposed to be carried out under the proposed GHG lease during all of its term;\na description of the activities proposed to be carried out under the GHG lease during each year of the plan period;\neach of the following for each GHG stream storage site in the GHG lease’s area—\na site plan that complies with section 142 ;\na verifiable estimate of the GHG stream storage site’s capacity;\na monitoring and verification plan that complies with section 145 ;\nthe composition of GHG streams proposed to be injected or used for GHG stream storage under the GHG lease;\na description of any pipeline land for the GHG lease;\nreasons why the plan is considered appropriate;\nanother matter prescribed under a regulation.\nThe proposed plan may include any other information relevant to the development plan criteria.\nThe composition of GHG streams to be injected under proposed GHG lease must comply with section 164 .\nA regulation may impose requirements about the form of the development plan.\nIn this section—\nyear , of the plan period, means—\nthe period starting on the day the plan period starts and ending on the first anniversary of that day; and\neach subsequent period of 12 months or less during the plan period starting on each anniversary of that day and ending on—\nthe next anniversary of that day; or\nif the plan period ends before the next anniversary—the day the plan period ends.\n(sec.141-ssec.1) The proposed plan must provide for all of the following— an overview of the activities proposed to be carried out under the proposed GHG lease during all of its term; a description of the activities proposed to be carried out under the GHG lease during each year of the plan period; each of the following for each GHG stream storage site in the GHG lease’s area— a site plan that complies with section 142 ; a verifiable estimate of the GHG stream storage site’s capacity; a monitoring and verification plan that complies with section 145 ; the composition of GHG streams proposed to be injected or used for GHG stream storage under the GHG lease; a description of any pipeline land for the GHG lease; reasons why the plan is considered appropriate; another matter prescribed under a regulation.\n(sec.141-ssec.2) The proposed plan may include any other information relevant to the development plan criteria.\n(sec.141-ssec.3) The composition of GHG streams to be injected under proposed GHG lease must comply with section 164 .\n(sec.141-ssec.4) A regulation may impose requirements about the form of the development plan.\n(sec.141-ssec.5) In this section— year , of the plan period, means— the period starting on the day the plan period starts and ending on the first anniversary of that day; and each subsequent period of 12 months or less during the plan period starting on each anniversary of that day and ending on— the next anniversary of that day; or if the plan period ends before the next anniversary—the day the plan period ends.\n- (a) an overview of the activities proposed to be carried out under the proposed GHG lease during all of its term;\n- (b) a description of the activities proposed to be carried out under the GHG lease during each year of the plan period;\n- (c) each of the following for each GHG stream storage site in the GHG lease’s area— (i) a site plan that complies with section 142 ; (ii) a verifiable estimate of the GHG stream storage site’s capacity; (iii) a monitoring and verification plan that complies with section 145 ;\n- (i) a site plan that complies with section 142 ;\n- (ii) a verifiable estimate of the GHG stream storage site’s capacity;\n- (iii) a monitoring and verification plan that complies with section 145 ;\n- (d) the composition of GHG streams proposed to be injected or used for GHG stream storage under the GHG lease;\n- (e) a description of any pipeline land for the GHG lease;\n- (f) reasons why the plan is considered appropriate;\n- (g) another matter prescribed under a regulation.\n- (i) a site plan that complies with section 142 ;\n- (ii) a verifiable estimate of the GHG stream storage site’s capacity;\n- (iii) a monitoring and verification plan that complies with section 145 ;\n- (a) the period starting on the day the plan period starts and ending on the first anniversary of that day; and\n- (b) each subsequent period of 12 months or less during the plan period starting on each anniversary of that day and ending on— (i) the next anniversary of that day; or (ii) if the plan period ends before the next anniversary—the day the plan period ends.\n- (i) the next anniversary of that day; or\n- (ii) if the plan period ends before the next anniversary—the day the plan period ends.\n- (i) the next anniversary of that day; or\n- (ii) if the plan period ends before the next anniversary—the day the plan period ends.","sortOrder":184},{"sectionNumber":"sec.142","sectionType":"section","heading":"Site plan","content":"### sec.142 Site plan\n\nA site plan for a GHG stream storage site must consist of maps, geological cross-sections, three dimensional models and other appropriate information about the site.\nWithout limiting subsection (1) , the site plan must show each of the following—\nthe geological structure and geochemical composition of the relevant GHG storage reservoir;\nthe GHG storage reservoir’s properties, including the potential interaction of carbon dioxide with its rock matrix and fluids;\nthe proposed rate of GHG stream injection;\nthe proposed composition of the GHG streams to be injected;\nthe expected migration pathway of the GHG streams;\nthe operations and techniques to be used to monitor and verify the behaviour of GHG streams during the term of the GHG lease.\nThe site plan must include any other information prescribed under a regulation.\n(sec.142-ssec.1) A site plan for a GHG stream storage site must consist of maps, geological cross-sections, three dimensional models and other appropriate information about the site.\n(sec.142-ssec.2) Without limiting subsection (1) , the site plan must show each of the following— the geological structure and geochemical composition of the relevant GHG storage reservoir; the GHG storage reservoir’s properties, including the potential interaction of carbon dioxide with its rock matrix and fluids; the proposed rate of GHG stream injection; the proposed composition of the GHG streams to be injected; the expected migration pathway of the GHG streams; the operations and techniques to be used to monitor and verify the behaviour of GHG streams during the term of the GHG lease.\n(sec.142-ssec.3) The site plan must include any other information prescribed under a regulation.\n- (a) the geological structure and geochemical composition of the relevant GHG storage reservoir;\n- (b) the GHG storage reservoir’s properties, including the potential interaction of carbon dioxide with its rock matrix and fluids;\n- (c) the proposed rate of GHG stream injection;\n- (d) the proposed composition of the GHG streams to be injected;\n- (e) the expected migration pathway of the GHG streams;\n- (f) the operations and techniques to be used to monitor and verify the behaviour of GHG streams during the term of the GHG lease.","sortOrder":185},{"sectionNumber":"sec.143","sectionType":"section","heading":"Petroleum wells to be assumed","content":"### sec.143 Petroleum wells to be assumed\n\nIf under the 1923 Act , section 75U or the P&G Act section 292 , the proposed GHG lease holder proposes to assume responsibility for a petroleum well, the proposed plan must—\nidentify the wells; and\ndescribe the GHG storage activities proposed to be carried out relating to the wells.\nSee also sections 263 (Former petroleum wells assumed by GHG tenure holder) and 267 (Obligation to decommission).\n- (a) identify the wells; and\n- (b) describe the GHG storage activities proposed to be carried out relating to the wells.","sortOrder":186},{"sectionNumber":"sec.144","sectionType":"section","heading":"Water issues","content":"### sec.144 Water issues\n\nIn preparing the proposed plan, the proposed GHG lease holder must have regard to potential groundwater issues.\nThe proposed plan must include a plan for the treatment and disposal of any water taken or that may be taken because of the carrying out of authorised activities for the proposed GHG lease.\n(sec.144-ssec.1) In preparing the proposed plan, the proposed GHG lease holder must have regard to potential groundwater issues.\n(sec.144-ssec.2) The proposed plan must include a plan for the treatment and disposal of any water taken or that may be taken because of the carrying out of authorised activities for the proposed GHG lease.","sortOrder":187},{"sectionNumber":"sec.145","sectionType":"section","heading":"Monitoring and verification plan","content":"### sec.145 Monitoring and verification plan\n\nThe proposed development plan must include a plan for the observation and monitoring of the migration pathway or pathways of GHG streams before, during and after injection into the relevant GHG storage reservoir.","sortOrder":188},{"sectionNumber":"sec.146","sectionType":"section","heading":"Plan period","content":"### sec.146 Plan period\n\nThe proposed plan must state its period.\nIf the proposed plan relates to a tender, the period must be the same as the required period under the relevant call for tenders.\nIf the proposed plan relates to a permit-related application, the period must not be longer than 5 years from when the proposed GHG lease is to take effect.\n(sec.146-ssec.1) The proposed plan must state its period.\n(sec.146-ssec.2) If the proposed plan relates to a tender, the period must be the same as the required period under the relevant call for tenders.\n(sec.146-ssec.3) If the proposed plan relates to a permit-related application, the period must not be longer than 5 years from when the proposed GHG lease is to take effect.","sortOrder":189},{"sectionNumber":"ch.3-pt.5-div.3","sectionType":"division","heading":"Approval of proposed initial development plans","content":"## Approval of proposed initial development plans","sortOrder":190},{"sectionNumber":"sec.147","sectionType":"section","heading":"Criteria for decision","content":"### sec.147 Criteria for decision\n\nIn deciding whether to approve a proposed development plan the Minister must consider—\nthe potential of the area of the proposed GHG lease for GHG stream storage and related activities; and\nthe nature and extent of the activities and when and where they are proposed to be carried out; and\nwhether GHG stream storage under the GHG lease will be optimised in the best interests of the State; and\nthe nature and extent of water disposal and treatment activities; and\nany relevant authorisation required under the Water Act .\nThe matters mentioned in subsection (1) are the development plan criteria .\n(sec.147-ssec.1) In deciding whether to approve a proposed development plan the Minister must consider— the potential of the area of the proposed GHG lease for GHG stream storage and related activities; and the nature and extent of the activities and when and where they are proposed to be carried out; and whether GHG stream storage under the GHG lease will be optimised in the best interests of the State; and the nature and extent of water disposal and treatment activities; and any relevant authorisation required under the Water Act .\n(sec.147-ssec.2) The matters mentioned in subsection (1) are the development plan criteria .\n- (a) the potential of the area of the proposed GHG lease for GHG stream storage and related activities; and\n- (b) the nature and extent of the activities and when and where they are proposed to be carried out; and\n- (c) whether GHG stream storage under the GHG lease will be optimised in the best interests of the State; and\n- (d) the nature and extent of water disposal and treatment activities; and\n- (e) any relevant authorisation required under the Water Act .","sortOrder":191},{"sectionNumber":"sec.148","sectionType":"section","heading":"Verification may be required","content":"### sec.148 Verification may be required\n\nThe Minister may by notice require the applicant to give the Minister within a stated reasonable period a document made by an appropriately qualified independent person that verifies—\nan assessment of data supplied in the proposed initial development plan; or\nthe source of the data; or\nthe work done for the development plan; or\nthat, in the person’s opinion, the applicant has—\nthe financial and technical resources to carry out authorised activities for the proposed GHG lease; and\nthe ability to manage GHG stream storage.\nIf the applicant does not comply with the requirement, the Minister may refuse to approve the development plan.\nThe applicant must pay any costs incurred in complying with the requirement.\ns 148 amd 2010 No. 31 s 418\n(sec.148-ssec.1) The Minister may by notice require the applicant to give the Minister within a stated reasonable period a document made by an appropriately qualified independent person that verifies— an assessment of data supplied in the proposed initial development plan; or the source of the data; or the work done for the development plan; or that, in the person’s opinion, the applicant has— the financial and technical resources to carry out authorised activities for the proposed GHG lease; and the ability to manage GHG stream storage.\n(sec.148-ssec.2) If the applicant does not comply with the requirement, the Minister may refuse to approve the development plan.\n(sec.148-ssec.3) The applicant must pay any costs incurred in complying with the requirement.\n- (a) an assessment of data supplied in the proposed initial development plan; or\n- (b) the source of the data; or\n- (c) the work done for the development plan; or\n- (d) that, in the person’s opinion, the applicant has— (i) the financial and technical resources to carry out authorised activities for the proposed GHG lease; and (ii) the ability to manage GHG stream storage.\n- (i) the financial and technical resources to carry out authorised activities for the proposed GHG lease; and\n- (ii) the ability to manage GHG stream storage.\n- (i) the financial and technical resources to carry out authorised activities for the proposed GHG lease; and\n- (ii) the ability to manage GHG stream storage.","sortOrder":192},{"sectionNumber":"sec.149","sectionType":"section","heading":"Referral to Water Act Minister","content":"### sec.149 Referral to Water Act Minister\n\nThe Minister can not approve the proposed plan unless—\nthe Minister has given the Water Act Minister a copy of the proposed plan; and\nthe Water Act Minister has approved the proposed development plan to the extent it relates to potential groundwater issues.\n- (a) the Minister has given the Water Act Minister a copy of the proposed plan; and\n- (b) the Water Act Minister has approved the proposed development plan to the extent it relates to potential groundwater issues.","sortOrder":193},{"sectionNumber":"ch.3-pt.5-div.4","sectionType":"division","heading":"Requirements for proposed later development plans","content":"## Requirements for proposed later development plans","sortOrder":194},{"sectionNumber":"sec.150","sectionType":"section","heading":"Operation of div 4","content":"### sec.150 Operation of div 4\n\nThis division provides for requirements (the later development plan requirements ) for a proposed later development plan for a GHG lease.\nFor the requirements to give a proposed later development plan, see sections 47 (Minister may add excluded land), 172 (Obligation to give proposed later development program) and 379 (Types of noncompliance action that may be taken).","sortOrder":195},{"sectionNumber":"sec.151","sectionType":"section","heading":"General requirements","content":"### sec.151 General requirements\n\nThe proposed plan must—\ncomply with the initial development plan requirements; and\nhighlight any significant changes from the current development plan for the GHG lease; and\nif the current development plan has not been complied with—state the details of and the reasons for each noncompliance.\nIf the effect of the proposed plan is to significantly change an activity provided for under the current development plan for the GHG lease, the proposed plan must also state reasons for the change.\nAlso, for a significant change that is a reduction of GHG stream injection, the proposed plan must include an evaluation of the following in the GHG lease’s area—\nthe potential for GHG stream storage;\nmarket opportunities for GHG stream storage.\n(sec.151-ssec.1) The proposed plan must— comply with the initial development plan requirements; and highlight any significant changes from the current development plan for the GHG lease; and if the current development plan has not been complied with—state the details of and the reasons for each noncompliance.\n(sec.151-ssec.2) If the effect of the proposed plan is to significantly change an activity provided for under the current development plan for the GHG lease, the proposed plan must also state reasons for the change.\n(sec.151-ssec.3) Also, for a significant change that is a reduction of GHG stream injection, the proposed plan must include an evaluation of the following in the GHG lease’s area— the potential for GHG stream storage; market opportunities for GHG stream storage.\n- (a) comply with the initial development plan requirements; and\n- (b) highlight any significant changes from the current development plan for the GHG lease; and\n- (c) if the current development plan has not been complied with—state the details of and the reasons for each noncompliance.\n- (a) the potential for GHG stream storage;\n- (b) market opportunities for GHG stream storage.","sortOrder":196},{"sectionNumber":"ch.3-pt.5-div.5","sectionType":"division","heading":"Approval of proposed later development plans","content":"## Approval of proposed later development plans","sortOrder":197},{"sectionNumber":"sec.152","sectionType":"section","heading":"Application of div 5","content":"### sec.152 Application of div 5\n\nThis division applies if—\nunder this Act, a proposed later development plan is given to the Minister for approval; or\nthe Minister is considering an application under section 188 for approval of a proposed GHG coordination arrangement.\n- (a) under this Act, a proposed later development plan is given to the Minister for approval; or\n- (b) the Minister is considering an application under section 188 for approval of a proposed GHG coordination arrangement.","sortOrder":198},{"sectionNumber":"sec.153","sectionType":"section","heading":"GHG lease taken to have development plan until decision on whether to approve proposed development plan","content":"### sec.153 GHG lease taken to have development plan until decision on whether to approve proposed development plan\n\nThis section applies until—\nif the approval is given—the holder is given notice of the approval; or\nif the approval is refused—when the refusal takes effect.\nDespite the ending of the plan period for the current development plan for the GHG lease—\nthe GHG lease is taken to have a development plan; and\nthe holder may carry out any authorised activity for the GHG lease.\n(sec.153-ssec.1) This section applies until— if the approval is given—the holder is given notice of the approval; or if the approval is refused—when the refusal takes effect.\n(sec.153-ssec.2) Despite the ending of the plan period for the current development plan for the GHG lease— the GHG lease is taken to have a development plan; and the holder may carry out any authorised activity for the GHG lease.\n- (a) if the approval is given—the holder is given notice of the approval; or\n- (b) if the approval is refused—when the refusal takes effect.\n- (a) the GHG lease is taken to have a development plan; and\n- (b) the holder may carry out any authorised activity for the GHG lease.","sortOrder":199},{"sectionNumber":"sec.154","sectionType":"section","heading":"Deciding whether to approve proposed plan","content":"### sec.154 Deciding whether to approve proposed plan\n\nThe Minister may approve or refuse to approve the proposed plan.\nIn deciding whether to approve the proposed plan the Minister must consider each of the following—\nthe development plan criteria;\nthe extent to which the current development plan for the GHG lease has been complied with;\nif the proposed plan provides for a significant change that is a reduction of GHG stream injection—\nwhether the reduction is reasonable; and\nwhether the GHG lease holder has taken all reasonable steps to prevent the reduction.\nAlso, if the GHG lease was granted in response to a tender, any other development plan proposed by other tenderers for the lease must be considered.\nHowever, subsection (3) applies only to the extent the other plan includes the period of the proposed plan.\n(sec.154-ssec.1) The Minister may approve or refuse to approve the proposed plan.\n(sec.154-ssec.2) In deciding whether to approve the proposed plan the Minister must consider each of the following— the development plan criteria; the extent to which the current development plan for the GHG lease has been complied with; if the proposed plan provides for a significant change that is a reduction of GHG stream injection— whether the reduction is reasonable; and whether the GHG lease holder has taken all reasonable steps to prevent the reduction.\n(sec.154-ssec.3) Also, if the GHG lease was granted in response to a tender, any other development plan proposed by other tenderers for the lease must be considered.\n(sec.154-ssec.4) However, subsection (3) applies only to the extent the other plan includes the period of the proposed plan.\n- (a) the development plan criteria;\n- (b) the extent to which the current development plan for the GHG lease has been complied with;\n- (c) if the proposed plan provides for a significant change that is a reduction of GHG stream injection— (i) whether the reduction is reasonable; and (ii) whether the GHG lease holder has taken all reasonable steps to prevent the reduction.\n- (i) whether the reduction is reasonable; and\n- (ii) whether the GHG lease holder has taken all reasonable steps to prevent the reduction.\n- (i) whether the reduction is reasonable; and\n- (ii) whether the GHG lease holder has taken all reasonable steps to prevent the reduction.","sortOrder":200},{"sectionNumber":"sec.155","sectionType":"section","heading":"Steps after, and taking effect of, decision","content":"### sec.155 Steps after, and taking effect of, decision\n\nIf the Minister decides to approve the proposed later development plan, the Minister must give the holder notice of the decision.\nThe approval takes effect when the holder is given the notice or if the notice states a later day of effect, on that later day.\nIf the Minister decides to refuse to approve the proposed plan, the Minister must give the holder an information notice about the decision.\nThe refusal does not takes effect until the end the appeal period for the decision to refuse.\n(sec.155-ssec.1) If the Minister decides to approve the proposed later development plan, the Minister must give the holder notice of the decision.\n(sec.155-ssec.2) The approval takes effect when the holder is given the notice or if the notice states a later day of effect, on that later day.\n(sec.155-ssec.3) If the Minister decides to refuse to approve the proposed plan, the Minister must give the holder an information notice about the decision.\n(sec.155-ssec.4) The refusal does not takes effect until the end the appeal period for the decision to refuse.","sortOrder":201},{"sectionNumber":"ch.3-pt.5-div.6","sectionType":"division","heading":"Amending development plans","content":"## Amending development plans","sortOrder":202},{"sectionNumber":"sec.156","sectionType":"section","heading":"Restrictions on amendment","content":"### sec.156 Restrictions on amendment\n\nA GHG lease holder may amend the development plan for the GHG lease.\nHowever, the amendment is subject to approval under this division.\nAlso, a development plan can not be amended—\nin a way that provides for a cessation of GHG stream injection under a GHG lease; or\nSee section 176 (Timing of surrender application).\nif the plan as amended would not comply with the later development plan requirements.\n(sec.156-ssec.1) A GHG lease holder may amend the development plan for the GHG lease.\n(sec.156-ssec.2) However, the amendment is subject to approval under this division.\n(sec.156-ssec.3) Also, a development plan can not be amended— in a way that provides for a cessation of GHG stream injection under a GHG lease; or See section 176 (Timing of surrender application). if the plan as amended would not comply with the later development plan requirements.\n- (a) in a way that provides for a cessation of GHG stream injection under a GHG lease; or Note— See section 176 (Timing of surrender application).\n- (b) if the plan as amended would not comply with the later development plan requirements.","sortOrder":203},{"sectionNumber":"sec.157","sectionType":"section","heading":"Applying for approval to amend","content":"### sec.157 Applying for approval to amend\n\nA GHG lease holder may apply for approval to amend the development plan for the lease.\nThe application must be—\nmade to the Minister in the approved form; and\naccompanied by the fee prescribed under a regulation.\ns 157 amd 2010 No. 31 s 408 sch 2 pt 1\n(sec.157-ssec.1) A GHG lease holder may apply for approval to amend the development plan for the lease.\n(sec.157-ssec.2) The application must be— made to the Minister in the approved form; and accompanied by the fee prescribed under a regulation.\n- (a) made to the Minister in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation.","sortOrder":204},{"sectionNumber":"sec.158","sectionType":"section","heading":"Deciding application","content":"### sec.158 Deciding application\n\nIn deciding whether to approve the proposed amendment the Minister must consider—\nthe development plan criteria; and\nthe extent to which the current development plan for the GHG lease has been complied with; and\nif the proposed plan provides for a significant change that is a reduction of GHG stream injection—\nwhether the reduction is reasonable; and\nwhether the GHG lease holder has taken all reasonable steps to prevent the reduction.\n- (a) the development plan criteria; and\n- (b) the extent to which the current development plan for the GHG lease has been complied with; and\n- (c) if the proposed plan provides for a significant change that is a reduction of GHG stream injection— (i) whether the reduction is reasonable; and (ii) whether the GHG lease holder has taken all reasonable steps to prevent the reduction.\n- (i) whether the reduction is reasonable; and\n- (ii) whether the GHG lease holder has taken all reasonable steps to prevent the reduction.\n- (i) whether the reduction is reasonable; and\n- (ii) whether the GHG lease holder has taken all reasonable steps to prevent the reduction.","sortOrder":205},{"sectionNumber":"sec.159","sectionType":"section","heading":"Steps after, and taking effect of, decision","content":"### sec.159 Steps after, and taking effect of, decision\n\nIf the Minister decides to approve the proposed amendment, the Minister must give the holder notice of the decision.\nIf the Minister decides to refuse to approve the proposed amendment, the Minister must give the applicant an information notice about the decision.\nThe refusal takes effect when the holder is given the notice or if the notice states a later day of effect, on that later day.\n(sec.159-ssec.1) If the Minister decides to approve the proposed amendment, the Minister must give the holder notice of the decision.\n(sec.159-ssec.2) If the Minister decides to refuse to approve the proposed amendment, the Minister must give the applicant an information notice about the decision.\n(sec.159-ssec.3) The refusal takes effect when the holder is given the notice or if the notice states a later day of effect, on that later day.","sortOrder":206},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Key mandatory conditions for GHG leases","content":"# Key mandatory conditions for GHG leases","sortOrder":207},{"sectionNumber":"sec.160","sectionType":"section","heading":"Operation of pt 6","content":"### sec.160 Operation of pt 6\n\nThis part provides for particular mandatory conditions for GHG leases.","sortOrder":208},{"sectionNumber":"sec.161","sectionType":"section","heading":"Compliance with test plan for GHG storage injection testing","content":"### sec.161 Compliance with test plan for GHG storage injection testing\n\nA GHG lease holder may carry out GHG storage injection testing only in accordance with the following—\na test plan for that purpose approved by the Minister;\nall conditions of the approval.\nThe holder may ask the Minister to approve a test plan proposed by the holder.\nThe proposed test plan must comply with any requirements prescribed under a regulation.\nThe Minister may impose conditions on the granting of the approval.\nIf the Minister decides to refuse to approve the proposed test plan or to impose conditions on the granting of the approval, the Minister must give the holder an information notice about the decision.\n(sec.161-ssec.1) A GHG lease holder may carry out GHG storage injection testing only in accordance with the following— a test plan for that purpose approved by the Minister; all conditions of the approval.\n(sec.161-ssec.2) The holder may ask the Minister to approve a test plan proposed by the holder.\n(sec.161-ssec.3) The proposed test plan must comply with any requirements prescribed under a regulation.\n(sec.161-ssec.4) The Minister may impose conditions on the granting of the approval.\n(sec.161-ssec.5) If the Minister decides to refuse to approve the proposed test plan or to impose conditions on the granting of the approval, the Minister must give the holder an information notice about the decision.\n- (a) a test plan for that purpose approved by the Minister;\n- (b) all conditions of the approval.","sortOrder":209},{"sectionNumber":"sec.162","sectionType":"section","heading":"Restriction on substances that may be used for GHG storage injection testing","content":"### sec.162 Restriction on substances that may be used for GHG storage injection testing\n\nA GHG lease holder can not use a substance other than a GHG stream or water for injection for GHG storage.","sortOrder":210},{"sectionNumber":"sec.163","sectionType":"section","heading":"Restriction on substances that may be used for GHG stream storage","content":"### sec.163 Restriction on substances that may be used for GHG stream storage\n\nA GHG lease holder can not use a substance other than a GHG stream for GHG stream storage.","sortOrder":211},{"sectionNumber":"sec.164","sectionType":"section","heading":"Restriction on GHG streams that may be used","content":"### sec.164 Restriction on GHG streams that may be used\n\nA GHG lease holder may use a GHG stream for GHG storage injection testing or GHG stream storage only if it consists only of carbon dioxide and—\na substance incidentally derived from—\nthe process called carbon dioxide capture, transport and geological storage, also called carbon capture and storage; or\nGHG storage; or\na detection agent prescribed under a regulation at the rate or concentration prescribed under a regulation.\nA stream is a GHG stream only if it is a stream of carbon dioxide or a substance that overwhelmingly consists of carbon dioxide. See section 12 (What is a GHG stream ).\ns 164 amd 2012 No. 20 s 125 sch 1\n- (a) a substance incidentally derived from— (i) the process called carbon dioxide capture, transport and geological storage, also called carbon capture and storage; or (ii) GHG storage; or\n- (i) the process called carbon dioxide capture, transport and geological storage, also called carbon capture and storage; or\n- (ii) GHG storage; or\n- (b) a detection agent prescribed under a regulation at the rate or concentration prescribed under a regulation.\n- (i) the process called carbon dioxide capture, transport and geological storage, also called carbon capture and storage; or\n- (ii) GHG storage; or","sortOrder":212},{"sectionNumber":"sec.165","sectionType":"section","heading":"Water Act authorisation required for taking or interference with water","content":"### sec.165 Water Act authorisation required for taking or interference with water\n\nA GHG lease holder can not take or interfere with water as defined under the Water Act unless the taking or interference is authorised under that Act.\nFor relevant Water Act provisions, see sections 19 and 808 of that Act.","sortOrder":213},{"sectionNumber":"sec.166","sectionType":"section","heading":"Obligation to consult with particular owners and occupiers","content":"### sec.166 Obligation to consult with particular owners and occupiers\n\nA GHG lease holder must consult or use reasonable endeavours to consult with each owner and occupier of private or public land on which authorised activities for the lease are proposed to be carried out or are being carried out.\nThe consultation must be about—\naccess; and\nthe carrying out of authorised activities for the GHG lease (including, for example, crossing access land for the lease) to the extent they relate to the owners and occupiers; and\nthe GHG lease holder’s compensation liability to the owners or occupiers.\ns 166 sub 2010 No. 31 s 440\n(sec.166-ssec.1) A GHG lease holder must consult or use reasonable endeavours to consult with each owner and occupier of private or public land on which authorised activities for the lease are proposed to be carried out or are being carried out.\n(sec.166-ssec.2) The consultation must be about— access; and the carrying out of authorised activities for the GHG lease (including, for example, crossing access land for the lease) to the extent they relate to the owners and occupiers; and the GHG lease holder’s compensation liability to the owners or occupiers.\n- (a) access; and\n- (b) the carrying out of authorised activities for the GHG lease (including, for example, crossing access land for the lease) to the extent they relate to the owners and occupiers; and\n- (c) the GHG lease holder’s compensation liability to the owners or occupiers.","sortOrder":214},{"sectionNumber":"sec.167","sectionType":"section","heading":"Obligation to commence GHG stream storage","content":"### sec.167 Obligation to commence GHG stream storage\n\nA GHG lease holder must start GHG stream storage under the GHG lease on or before the later of the following—\nthe end of 5 years after the GHG lease takes effect;\nany storage commencement day for the GHG lease.\n- (a) the end of 5 years after the GHG lease takes effect;\n- (b) any storage commencement day for the GHG lease.","sortOrder":215},{"sectionNumber":"sec.168","sectionType":"section","heading":"Annual rent","content":"### sec.168 Annual rent\n\nA GHG lease holder must pay the State the annual rent as prescribed under a regulation.\nThe annual rent must be paid in the way, and on or before the day, prescribed under a regulation.\n(sec.168-ssec.1) A GHG lease holder must pay the State the annual rent as prescribed under a regulation.\n(sec.168-ssec.2) The annual rent must be paid in the way, and on or before the day, prescribed under a regulation.","sortOrder":216},{"sectionNumber":"sec.169","sectionType":"section","heading":"Civil penalty for non-payment of annual rent","content":"### sec.169 Civil penalty for non-payment of annual rent\n\nIf a GHG lease holder does not pay the annual rent as required under section 168 , the holder must also pay the State a civil penalty.\nThe amount of the penalty is 15% of the rent.\nThe penalty—\nmust be paid on the day after the last day for payment of the rent; and\nis still payable even if the holder later pays the rent.\nSee also section 372 (Interest on amounts owing to the State).\n(sec.169-ssec.1) If a GHG lease holder does not pay the annual rent as required under section 168 , the holder must also pay the State a civil penalty.\n(sec.169-ssec.2) The amount of the penalty is 15% of the rent.\n(sec.169-ssec.3) The penalty— must be paid on the day after the last day for payment of the rent; and is still payable even if the holder later pays the rent. See also section 372 (Interest on amounts owing to the State).\n- (a) must be paid on the day after the last day for payment of the rent; and\n- (b) is still payable even if the holder later pays the rent.","sortOrder":217},{"sectionNumber":"sec.169A","sectionType":"section","heading":"Local government rates and charges","content":"### sec.169A Local government rates and charges\n\nA GHG lease holder must pay all rates and charges payable to the local government in whose area the lease is situated.\ns 169A ins 2024 No. 12 s 10","sortOrder":218},{"sectionNumber":"sec.170","sectionType":"section","heading":"Requirement to have development plan","content":"### sec.170 Requirement to have development plan\n\nThe holder of a GHG lease must have a development plan for the lease.","sortOrder":219},{"sectionNumber":"sec.171","sectionType":"section","heading":"Compliance with development plan","content":"### sec.171 Compliance with development plan\n\nA GHG lease holder must comply with the development plan for the lease.","sortOrder":220},{"sectionNumber":"sec.172","sectionType":"section","heading":"Obligation to give proposed later development plan","content":"### sec.172 Obligation to give proposed later development plan\n\nThis section imposes an obligation on a GHG lease holder to give the Minister a proposed later development plan for the lease.\nThe obligation is complied with only if the proposed later development plan—\ncomplies with the later development plan requirements; and\nis accompanied by the relevant fee.\nA proposed later development plan must be given to the Minister—\nat least 40 but no more than 100 business days before the end of the plan period for its current development plan (the current plan period ); or\nas soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the current development plan for the GHG lease.\nHowever, if before the end of the current plan period a decision is made to refuse to approve a proposed later development plan given under subsection (3) , the holder may within the period give the Minister another proposed later development plan.\nIf the holder does not give the Minister any proposed later development plan before the end of the current plan period or if subsection (4) applies and the holder does not give the Minister another proposed later development plan within the current plan period—\nthe Minister must give the holder a notice requiring the holder to give the Minister a proposed later development plan for the GHG lease within 40 business days after the giving of the notice; and\nthe holder must comply with the requirement.\nIn this section—\nrelevant fee , for the giving of the proposed plan, means—\nif the proposed plan is given within the time required under subsection (3) —the fee prescribed under a regulation; or\nif the proposed plan is given after the time required under subsection (3) and—\nif it is given under subsection (4) —nil; or\nif it is not given under subsection (4) —an amount that is 10 times the prescribed fee.\ns 172 amd 2010 No. 31 s 408 sch 2 pt 1\n(sec.172-ssec.1) This section imposes an obligation on a GHG lease holder to give the Minister a proposed later development plan for the lease.\n(sec.172-ssec.2) The obligation is complied with only if the proposed later development plan— complies with the later development plan requirements; and is accompanied by the relevant fee.\n(sec.172-ssec.3) A proposed later development plan must be given to the Minister— at least 40 but no more than 100 business days before the end of the plan period for its current development plan (the current plan period ); or as soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the current development plan for the GHG lease.\n(sec.172-ssec.4) However, if before the end of the current plan period a decision is made to refuse to approve a proposed later development plan given under subsection (3) , the holder may within the period give the Minister another proposed later development plan.\n(sec.172-ssec.5) If the holder does not give the Minister any proposed later development plan before the end of the current plan period or if subsection (4) applies and the holder does not give the Minister another proposed later development plan within the current plan period— the Minister must give the holder a notice requiring the holder to give the Minister a proposed later development plan for the GHG lease within 40 business days after the giving of the notice; and the holder must comply with the requirement.\n(sec.172-ssec.6) In this section— relevant fee , for the giving of the proposed plan, means— if the proposed plan is given within the time required under subsection (3) —the fee prescribed under a regulation; or if the proposed plan is given after the time required under subsection (3) and— if it is given under subsection (4) —nil; or if it is not given under subsection (4) —an amount that is 10 times the prescribed fee.\n- (a) complies with the later development plan requirements; and\n- (b) is accompanied by the relevant fee.\n- (a) at least 40 but no more than 100 business days before the end of the plan period for its current development plan (the current plan period ); or\n- (b) as soon as practicable after the holder proposes or becomes aware of a significant change to the nature and extent of an authorised activity that is not already dealt with under the current development plan for the GHG lease.\n- (a) the Minister must give the holder a notice requiring the holder to give the Minister a proposed later development plan for the GHG lease within 40 business days after the giving of the notice; and\n- (b) the holder must comply with the requirement.\n- (a) if the proposed plan is given within the time required under subsection (3) —the fee prescribed under a regulation; or\n- (b) if the proposed plan is given after the time required under subsection (3) and— (i) if it is given under subsection (4) —nil; or (ii) if it is not given under subsection (4) —an amount that is 10 times the prescribed fee.\n- (i) if it is given under subsection (4) —nil; or\n- (ii) if it is not given under subsection (4) —an amount that is 10 times the prescribed fee.\n- (i) if it is given under subsection (4) —nil; or\n- (ii) if it is not given under subsection (4) —an amount that is 10 times the prescribed fee.","sortOrder":221},{"sectionNumber":"sec.173","sectionType":"section","heading":"Consequence of failure to comply with notice to give proposed later development plan","content":"### sec.173 Consequence of failure to comply with notice to give proposed later development plan\n\nIf a GHG lease holder does not comply with a requirement under section 172 (5) (a) , the lease is cancelled.\nHowever, the cancellation does not take effect until the Minister gives the holder a notice stating that the GHG lease has been cancelled because of the operation of subsection (1) .\n(sec.173-ssec.1) If a GHG lease holder does not comply with a requirement under section 172 (5) (a) , the lease is cancelled.\n(sec.173-ssec.2) However, the cancellation does not take effect until the Minister gives the holder a notice stating that the GHG lease has been cancelled because of the operation of subsection (1) .","sortOrder":222},{"sectionNumber":"sec.173A","sectionType":"section","heading":"Power to impose or amend condition if changed holder of GHG lease","content":"### sec.173A Power to impose or amend condition if changed holder of GHG lease\n\nThis section applies if 1 of the following changes happens—\nan entity starts or stops controlling the holder of a GHG lease under the Corporations Act , section 50AA ;\nthe holder of a GHG lease starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\nThe Minister may consider whether, after the change, the holder of the GHG lease has the financial and technical resources to comply with the conditions of the GHG lease.\nIf the Minister considers the holder of the GHG lease may not have the financial and technical resources to comply with conditions of the GHG lease, the Minister may impose another condition on, or amend a condition of, the GHG lease.\nIf the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the GHG lease to give the Minister information or a document about whether or not the change has happened.\nBefore deciding to impose another condition on, or amend a condition of, the GHG lease under subsection (3) , the Minister may require the holder of the GHG lease to give the Minister information or a document the Minister requires to make the decision.\nA requirement under subsection (4) or (5) must—\nbe made by notice given to the holder; and\nstate a period of at least 10 business days within which the holder must comply with the requirement.\nBefore deciding to impose another condition on, or amend a condition of, the GHG lease under subsection (3) , the Minister must give the holder of the lease a notice stating—\nthe proposed decision; and\nthe reasons for the proposed decision; and\nthat the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.\nThe Minister may extend the period mentioned in subsection (6) (b) or (7) (c) by notice given to the holder of the GHG lease.\nIn deciding whether to impose another condition on, or amend a condition of, the GHG lease under subsection (3) , the Minister—\nmust consider information or a document, if any, given under subsection (6) (b) or (7) (c) ; and\nmay consider any other matter the Minister considers relevant.\nIf the Minister decides to impose another condition on, or amend a condition of, the GHG lease under subsection (3) , the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.\ns 173A ins 2020 No. 14 s 50\n(sec.173A-ssec.1) This section applies if 1 of the following changes happens— an entity starts or stops controlling the holder of a GHG lease under the Corporations Act , section 50AA ; the holder of a GHG lease starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\n(sec.173A-ssec.2) The Minister may consider whether, after the change, the holder of the GHG lease has the financial and technical resources to comply with the conditions of the GHG lease.\n(sec.173A-ssec.3) If the Minister considers the holder of the GHG lease may not have the financial and technical resources to comply with conditions of the GHG lease, the Minister may impose another condition on, or amend a condition of, the GHG lease.\n(sec.173A-ssec.4) If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the GHG lease to give the Minister information or a document about whether or not the change has happened.\n(sec.173A-ssec.5) Before deciding to impose another condition on, or amend a condition of, the GHG lease under subsection (3) , the Minister may require the holder of the GHG lease to give the Minister information or a document the Minister requires to make the decision.\n(sec.173A-ssec.6) A requirement under subsection (4) or (5) must— be made by notice given to the holder; and state a period of at least 10 business days within which the holder must comply with the requirement.\n(sec.173A-ssec.7) Before deciding to impose another condition on, or amend a condition of, the GHG lease under subsection (3) , the Minister must give the holder of the lease a notice stating— the proposed decision; and the reasons for the proposed decision; and that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.\n(sec.173A-ssec.8) The Minister may extend the period mentioned in subsection (6) (b) or (7) (c) by notice given to the holder of the GHG lease.\n(sec.173A-ssec.9) In deciding whether to impose another condition on, or amend a condition of, the GHG lease under subsection (3) , the Minister— must consider information or a document, if any, given under subsection (6) (b) or (7) (c) ; and may consider any other matter the Minister considers relevant.\n(sec.173A-ssec.10) If the Minister decides to impose another condition on, or amend a condition of, the GHG lease under subsection (3) , the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.\n- (a) an entity starts or stops controlling the holder of a GHG lease under the Corporations Act , section 50AA ;\n- (b) the holder of a GHG lease starts or stops being a subsidiary of a corporation under the Corporations Act , section 46 .\n- (a) be made by notice given to the holder; and\n- (b) state a period of at least 10 business days within which the holder must comply with the requirement.\n- (a) the proposed decision; and\n- (b) the reasons for the proposed decision; and\n- (c) that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.\n- (a) must consider information or a document, if any, given under subsection (6) (b) or (7) (c) ; and\n- (b) may consider any other matter the Minister considers relevant.","sortOrder":223},{"sectionNumber":"ch.3-pt.7","sectionType":"part","heading":"Surrenders","content":"# Surrenders","sortOrder":224},{"sectionNumber":"sec.174","sectionType":"section","heading":"When surrender is permitted","content":"### sec.174 When surrender is permitted\n\nA GHG lease holder may surrender the lease only if, under this part—\nan application (a surrender application ) has been made for approval of the surrender; and\nthe surrender has been approved.\n- (a) an application (a surrender application ) has been made for approval of the surrender; and\n- (b) the surrender has been approved.","sortOrder":225},{"sectionNumber":"sec.175","sectionType":"section","heading":"Part of GHG lease area can not be surrendered","content":"### sec.175 Part of GHG lease area can not be surrendered\n\nA GHG lease holder can not surrender part of the lease’s area.","sortOrder":226},{"sectionNumber":"sec.176","sectionType":"section","heading":"Timing of surrender application","content":"### sec.176 Timing of surrender application\n\nIf—\nGHG stream injection under a GHG lease ceases; and\nall GHG wells in the GHG lease’s area have been decommissioned in the way required under section 267 ;\nthe GHG lease holder must make a surrender application for the lease within 60 business days.\nMaximum penalty—500 penalty units.\nThe GHG lease holder can not make a surrender application for the lease before all of the events mentioned in subsection (1) have happened.\n(sec.176-ssec.1) If— GHG stream injection under a GHG lease ceases; and all GHG wells in the GHG lease’s area have been decommissioned in the way required under section 267 ; the GHG lease holder must make a surrender application for the lease within 60 business days. Maximum penalty—500 penalty units.\n(sec.176-ssec.2) The GHG lease holder can not make a surrender application for the lease before all of the events mentioned in subsection (1) have happened.\n- (a) GHG stream injection under a GHG lease ceases; and\n- (b) all GHG wells in the GHG lease’s area have been decommissioned in the way required under section 267 ;","sortOrder":227},{"sectionNumber":"sec.177","sectionType":"section","heading":"Requirements for making surrender application","content":"### sec.177 Requirements for making surrender application\n\nA surrender application must be—\nmade to the Minister in the approved form; and\naccompanied by the fee prescribed under a regulation.\nA surrender application must also be accompanied by a report by the applicant stating each of the following—\nthe authorised activities for the GHG lease carried out on the area the subject of the application;\nthe results of the activities;\nthe applicant’s modelling of the behaviour of GHG streams injected under the GHG lease;\ninformation relevant to the modelling and the applicant’s analysis of the information;\nthe applicant’s assessment of—\nthe behaviour of GHG streams injected under the GHG lease; and\nthe expected migration pathway or pathways of the GHG streams; and\nthe short-term and long-term consequences of the migration;\nthe applicant’s suggestions for the approach to be taken by the State if the surrender is approved, to monitor and verify the behaviour of the GHG streams;\nany other information prescribed under a regulation.\nMaximum penalty for subsection (2) —500 penalty units.\n(sec.177-ssec.1) A surrender application must be— made to the Minister in the approved form; and accompanied by the fee prescribed under a regulation.\n(sec.177-ssec.2) A surrender application must also be accompanied by a report by the applicant stating each of the following— the authorised activities for the GHG lease carried out on the area the subject of the application; the results of the activities; the applicant’s modelling of the behaviour of GHG streams injected under the GHG lease; information relevant to the modelling and the applicant’s analysis of the information; the applicant’s assessment of— the behaviour of GHG streams injected under the GHG lease; and the expected migration pathway or pathways of the GHG streams; and the short-term and long-term consequences of the migration; the applicant’s suggestions for the approach to be taken by the State if the surrender is approved, to monitor and verify the behaviour of the GHG streams; any other information prescribed under a regulation. Maximum penalty for subsection (2) —500 penalty units.\n- (a) made to the Minister in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation.\n- (a) the authorised activities for the GHG lease carried out on the area the subject of the application;\n- (b) the results of the activities;\n- (c) the applicant’s modelling of the behaviour of GHG streams injected under the GHG lease;\n- (d) information relevant to the modelling and the applicant’s analysis of the information;\n- (e) the applicant’s assessment of— (i) the behaviour of GHG streams injected under the GHG lease; and (ii) the expected migration pathway or pathways of the GHG streams; and (iii) the short-term and long-term consequences of the migration;\n- (i) the behaviour of GHG streams injected under the GHG lease; and\n- (ii) the expected migration pathway or pathways of the GHG streams; and\n- (iii) the short-term and long-term consequences of the migration;\n- (f) the applicant’s suggestions for the approach to be taken by the State if the surrender is approved, to monitor and verify the behaviour of the GHG streams;\n- (g) any other information prescribed under a regulation.\n- (i) the behaviour of GHG streams injected under the GHG lease; and\n- (ii) the expected migration pathway or pathways of the GHG streams; and\n- (iii) the short-term and long-term consequences of the migration;","sortOrder":228},{"sectionNumber":"sec.178","sectionType":"section","heading":"Minister may require further report or work for surrender of GHG lease","content":"### sec.178 Minister may require further report or work for surrender of GHG lease\n\nBefore deciding whether to approve the surrender of a GHG lease the Minister may by notice require the applicant to do either or both of the following—\ngive the Minister a report about whether the risks associated with GHG stream storage under the GHG lease have been reduced as much as is reasonably practicable;\ncarry out stated work to reduce the risks.\nThe applicant must comply with the requirement.\nMaximum penalty—500 penalty units.\nUntil the applicant complies with the requirement, the Minister need not decide the application.\n(sec.178-ssec.1) Before deciding whether to approve the surrender of a GHG lease the Minister may by notice require the applicant to do either or both of the following— give the Minister a report about whether the risks associated with GHG stream storage under the GHG lease have been reduced as much as is reasonably practicable; carry out stated work to reduce the risks.\n(sec.178-ssec.2) The applicant must comply with the requirement. Maximum penalty—500 penalty units.\n(sec.178-ssec.3) Until the applicant complies with the requirement, the Minister need not decide the application.\n- (a) give the Minister a report about whether the risks associated with GHG stream storage under the GHG lease have been reduced as much as is reasonably practicable;\n- (b) carry out stated work to reduce the risks.","sortOrder":229},{"sectionNumber":"sec.179","sectionType":"section","heading":"Deciding application","content":"### sec.179 Deciding application\n\nThe Minister may approve a surrender only if—\nup to the day the application was made, the holder had submitted all reports required to be submitted under this Act; and\nthe Minister considers the risks associated with GHG stream storage under the GHG lease have been reduced as much as is reasonably practicable; and\nall of the relevant environmental authority has been cancelled or surrendered.\nIn deciding whether to approve a surrender the Minister must consider the extent to which the applicant has complied with the conditions of the GHG lease.\n(sec.179-ssec.1) The Minister may approve a surrender only if— up to the day the application was made, the holder had submitted all reports required to be submitted under this Act; and the Minister considers the risks associated with GHG stream storage under the GHG lease have been reduced as much as is reasonably practicable; and all of the relevant environmental authority has been cancelled or surrendered.\n(sec.179-ssec.2) In deciding whether to approve a surrender the Minister must consider the extent to which the applicant has complied with the conditions of the GHG lease.\n- (a) up to the day the application was made, the holder had submitted all reports required to be submitted under this Act; and\n- (b) the Minister considers the risks associated with GHG stream storage under the GHG lease have been reduced as much as is reasonably practicable; and\n- (c) all of the relevant environmental authority has been cancelled or surrendered.","sortOrder":230},{"sectionNumber":"sec.180","sectionType":"section","heading":"Notice and taking effect of decision","content":"### sec.180 Notice and taking effect of decision\n\nIf the Minister decides to approve a surrender, the Minister must give the applicant notice of the decision.\nThe surrender takes effect on the day after the decision is made.\nIf the Minister decides to refuse a surrender, the Minister must give the applicant an information notice about the decision.\n(sec.180-ssec.1) If the Minister decides to approve a surrender, the Minister must give the applicant notice of the decision.\n(sec.180-ssec.2) The surrender takes effect on the day after the decision is made.\n(sec.180-ssec.3) If the Minister decides to refuse a surrender, the Minister must give the applicant an information notice about the decision.","sortOrder":231},{"sectionNumber":"sec.181","sectionType":"section","heading":"Responsibility for injected GHG streams after decommissioning","content":"### sec.181 Responsibility for injected GHG streams after decommissioning\n\nThis section applies on the surrender of a GHG lease.\nAny GHG stream injected into a GHG storage reservoir in the former GHG lease’s area in compliance with section 164 becomes the property of the State.\nSubsection (2) applies despite—\nthe GHG stream being on or part of land owned by someone else; or\nthe sale or other disposal of the land.\n(sec.181-ssec.1) This section applies on the surrender of a GHG lease.\n(sec.181-ssec.2) Any GHG stream injected into a GHG storage reservoir in the former GHG lease’s area in compliance with section 164 becomes the property of the State.\n(sec.181-ssec.3) Subsection (2) applies despite— the GHG stream being on or part of land owned by someone else; or the sale or other disposal of the land.\n- (a) the GHG stream being on or part of land owned by someone else; or\n- (b) the sale or other disposal of the land.","sortOrder":232},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":233},{"sectionNumber":"sec.182","sectionType":"section","heading":"Relationship with chs 2, 3 and 5","content":"### sec.182 Relationship with chs 2, 3 and 5\n\nRequirements and restrictions under this chapter relating to the granting of a GHG tenure apply as well as any relevant requirements under chapter 2 , 3 or 5 .\nIf this chapter imposes a requirement for or a restriction on the granting of a GHG tenure, it can not be granted if the restriction applies or if the requirement has not been complied with.\nIf a provision of this chapter conflicts with a provision of chapter 2 , 3 or 5 , the provision of this chapter prevails to the extent of the inconsistency.\nThis chapter does not otherwise limit or affect the requirements of chapter 2 , 3 or 5 .\nSubsection (6) applies if this chapter imposes a requirement for or a restriction on the carrying out of an authorised activity for a GHG authority.\nDespite chapters 2 , 3 and 5 , the activity is not an authorised activity for the GHG authority while the restriction applies or if the requirement has not been complied with.\n(sec.182-ssec.1) Requirements and restrictions under this chapter relating to the granting of a GHG tenure apply as well as any relevant requirements under chapter 2 , 3 or 5 .\n(sec.182-ssec.2) If this chapter imposes a requirement for or a restriction on the granting of a GHG tenure, it can not be granted if the restriction applies or if the requirement has not been complied with.\n(sec.182-ssec.3) If a provision of this chapter conflicts with a provision of chapter 2 , 3 or 5 , the provision of this chapter prevails to the extent of the inconsistency.\n(sec.182-ssec.4) This chapter does not otherwise limit or affect the requirements of chapter 2 , 3 or 5 .\n(sec.182-ssec.5) Subsection (6) applies if this chapter imposes a requirement for or a restriction on the carrying out of an authorised activity for a GHG authority.\n(sec.182-ssec.6) Despite chapters 2 , 3 and 5 , the activity is not an authorised activity for the GHG authority while the restriction applies or if the requirement has not been complied with.","sortOrder":234},{"sectionNumber":"sec.183","sectionType":"section","heading":"What is an overlapping resource authority","content":"### sec.183 What is an overlapping resource authority\n\nAn overlapping authority , for a GHG authority, is any authority of the following types all or part of the area of which is in the GHG authority’s area—\nan exploration authority (non-GHG);\na geothermal lease;\na mining lease;\na petroleum lease.\nAn overlapping authority , for a proposed GHG authority, is another authority of a type mentioned in subsection (1) (the other authority ) all or part of the area of which will if the proposed GHG authority is granted be in the other authority’s area.\ns 183 amd 2010 No. 31 s 503\n(sec.183-ssec.1) An overlapping authority , for a GHG authority, is any authority of the following types all or part of the area of which is in the GHG authority’s area— an exploration authority (non-GHG); a geothermal lease; a mining lease; a petroleum lease.\n(sec.183-ssec.2) An overlapping authority , for a proposed GHG authority, is another authority of a type mentioned in subsection (1) (the other authority ) all or part of the area of which will if the proposed GHG authority is granted be in the other authority’s area.\n- (a) an exploration authority (non-GHG);\n- (b) a geothermal lease;\n- (c) a mining lease;\n- (d) a petroleum lease.","sortOrder":235},{"sectionNumber":"sec.184","sectionType":"section","heading":"What is an exploration authority (non-GHG)","content":"### sec.184 What is an exploration authority (non-GHG)\n\nAn exploration authority (non-GHG) is—\nan ATP; or\nany of the following under the Mineral Resources Act —\na mining claim;\nan exploration permit;\na mineral development licence; or\na geothermal permit.\ns 184 amd 2010 No. 31 ss 408 , 502 sch 2 pts 1 , 4\n- (a) an ATP; or\n- (b) any of the following under the Mineral Resources Act — (i) a mining claim; (ii) an exploration permit; (iii) a mineral development licence; or\n- (i) a mining claim;\n- (ii) an exploration permit;\n- (iii) a mineral development licence; or\n- (c) a geothermal permit.\n- (i) a mining claim;\n- (ii) an exploration permit;\n- (iii) a mineral development licence; or","sortOrder":236},{"sectionNumber":"sec.185","sectionType":"section","heading":"Relationship with other resource Acts and overlapping resource authorities","content":"### sec.185 Relationship with other resource Acts and overlapping resource authorities\n\nSubject to the other provisions of this chapter and chapters 2 , 3 and 5 , another resource Act or an authority, tenement or tenure under a resource Act does not limit or otherwise affect—\nthe power under this Act to grant a GHG authority over land in the area of an overlapping authority for the proposed GHG authority; or\nthe carrying out of authorised activities for a GHG authority.\ns 185 amd 2010 No. 31 s 502 sch 2 pt 4\n- (a) the power under this Act to grant a GHG authority over land in the area of an overlapping authority for the proposed GHG authority; or\n- (b) the carrying out of authorised activities for a GHG authority.","sortOrder":237},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Coordination arrangements for GHG leases","content":"# Coordination arrangements for GHG leases","sortOrder":238},{"sectionNumber":"sec.186","sectionType":"section","heading":"GHG coordination arrangements that may be made","content":"### sec.186 GHG coordination arrangements that may be made\n\nThe holder of a GHG lease may make an arrangement with the holder of an overlapping authority for the GHG lease about GHG stream storage under the lease.\nA person who proposes to enter into a lease of a type mentioned in subsection (1) may enter into an arrangement mentioned in subsection (1) .\nAn arrangement of a type mentioned in subsection (1) that under section 189 , has taken effect and has not ceased to operate according to its terms and has not been cancelled under this part is a GHG coordination arrangement .\nA lease or proposed lease of a type mentioned in subsection (1) is a relevant lease for a GHG coordination arrangement.\n(sec.186-ssec.1) The holder of a GHG lease may make an arrangement with the holder of an overlapping authority for the GHG lease about GHG stream storage under the lease.\n(sec.186-ssec.2) A person who proposes to enter into a lease of a type mentioned in subsection (1) may enter into an arrangement mentioned in subsection (1) .\n(sec.186-ssec.3) An arrangement of a type mentioned in subsection (1) that under section 189 , has taken effect and has not ceased to operate according to its terms and has not been cancelled under this part is a GHG coordination arrangement .\n(sec.186-ssec.4) A lease or proposed lease of a type mentioned in subsection (1) is a relevant lease for a GHG coordination arrangement.","sortOrder":239},{"sectionNumber":"sec.187","sectionType":"section","heading":"Other provisions about and effect of GHG coordination arrangement","content":"### sec.187 Other provisions about and effect of GHG coordination arrangement\n\nA GHG coordination arrangement may—\nbe for any term; and\nhave more than 2 relevant leases; and\nbe included in, or form part of, a coordination arrangement under the P&G Act or a geothermal coordination arrangement under the Geothermal Act .\nA person other than the holder or proposed holder of a relevant lease may also be a party to the arrangement.\nA proposed GHG coordination arrangement has no effect unless it is approved by the Minister under section 189 .\ns 187 amd 2010 No. 31 s 504\n(sec.187-ssec.1) A GHG coordination arrangement may— be for any term; and have more than 2 relevant leases; and be included in, or form part of, a coordination arrangement under the P&G Act or a geothermal coordination arrangement under the Geothermal Act .\n(sec.187-ssec.2) A person other than the holder or proposed holder of a relevant lease may also be a party to the arrangement.\n(sec.187-ssec.3) A proposed GHG coordination arrangement has no effect unless it is approved by the Minister under section 189 .\n- (a) be for any term; and\n- (b) have more than 2 relevant leases; and\n- (c) be included in, or form part of, a coordination arrangement under the P&G Act or a geothermal coordination arrangement under the Geothermal Act .","sortOrder":240},{"sectionNumber":"sec.188","sectionType":"section","heading":"Applying for ministerial approval of proposed GHG coordination arrangement","content":"### sec.188 Applying for ministerial approval of proposed GHG coordination arrangement\n\nThe parties to a proposed GHG coordination arrangement may jointly apply for approval of the arrangement.\nThe application must be—\nmade to the Minister in the approved form; and\naccompanied by—\nthe original or a certified copy of the proposed arrangement; and\nthe fee prescribed under a regulation.\nIf the proposed arrangement is inconsistent with the current development plan for the GHG lease, the application must be accompanied by a proposed later development plan for the lease.\n(sec.188-ssec.1) The parties to a proposed GHG coordination arrangement may jointly apply for approval of the arrangement.\n(sec.188-ssec.2) The application must be— made to the Minister in the approved form; and accompanied by— the original or a certified copy of the proposed arrangement; and the fee prescribed under a regulation.\n(sec.188-ssec.3) If the proposed arrangement is inconsistent with the current development plan for the GHG lease, the application must be accompanied by a proposed later development plan for the lease.\n- (a) made to the Minister in the approved form; and\n- (b) accompanied by— (i) the original or a certified copy of the proposed arrangement; and (ii) the fee prescribed under a regulation.\n- (i) the original or a certified copy of the proposed arrangement; and\n- (ii) the fee prescribed under a regulation.\n- (i) the original or a certified copy of the proposed arrangement; and\n- (ii) the fee prescribed under a regulation.","sortOrder":241},{"sectionNumber":"sec.189","sectionType":"section","heading":"Ministerial approval of proposed GHG coordination arrangement","content":"### sec.189 Ministerial approval of proposed GHG coordination arrangement\n\nThe Minister may approve the proposed arrangement only if—\nthe Minister is satisfied—\nthe arrangement clearly identifies the safety responsibilities of each party to the arrangement for the land the subject of the arrangement; and\nthe spatial relationship between the relevant leases for the arrangement is appropriate; and\nfor an application required to be accompanied by a proposed later development plan for a relevant lease—the proposed plan has been approved; and\nthe arrangement is consistent with the purposes of this Act.\nIn considering whether to approve the proposed arrangement the Minister may have regard to any coordination arrangement or proposed coordination arrangement under the P&G Act or other agreement the Minister considers relevant.\nThe Minister may refuse to approve a proposed GHG coordination arrangement that provides for a party to the arrangement to be granted a pipeline licence for a GHG stream pipeline if the Minister considers that—\nhaving regard to the requirements under the P&G Act chapter 4 , the pipeline licence would not be granted if the party were to apply for it; or\nnot enough information has been given to decide whether the licence should be granted; or\nthe spatial relationship between the GHG lease and an overlapping authority is not appropriate for a GHG coordination arrangement.\nIf a relevant lease has not been granted, the approval does not take effect until the GHG lease takes effect.\ns 189 amd 2010 No. 31 s 408 sch 2 pt 1\n(sec.189-ssec.1) The Minister may approve the proposed arrangement only if— the Minister is satisfied— the arrangement clearly identifies the safety responsibilities of each party to the arrangement for the land the subject of the arrangement; and the spatial relationship between the relevant leases for the arrangement is appropriate; and for an application required to be accompanied by a proposed later development plan for a relevant lease—the proposed plan has been approved; and the arrangement is consistent with the purposes of this Act.\n(sec.189-ssec.2) In considering whether to approve the proposed arrangement the Minister may have regard to any coordination arrangement or proposed coordination arrangement under the P&G Act or other agreement the Minister considers relevant.\n(sec.189-ssec.3) The Minister may refuse to approve a proposed GHG coordination arrangement that provides for a party to the arrangement to be granted a pipeline licence for a GHG stream pipeline if the Minister considers that— having regard to the requirements under the P&G Act chapter 4 , the pipeline licence would not be granted if the party were to apply for it; or not enough information has been given to decide whether the licence should be granted; or the spatial relationship between the GHG lease and an overlapping authority is not appropriate for a GHG coordination arrangement.\n(sec.189-ssec.4) If a relevant lease has not been granted, the approval does not take effect until the GHG lease takes effect.\n- (a) the Minister is satisfied— (i) the arrangement clearly identifies the safety responsibilities of each party to the arrangement for the land the subject of the arrangement; and (ii) the spatial relationship between the relevant leases for the arrangement is appropriate; and\n- (i) the arrangement clearly identifies the safety responsibilities of each party to the arrangement for the land the subject of the arrangement; and\n- (ii) the spatial relationship between the relevant leases for the arrangement is appropriate; and\n- (b) for an application required to be accompanied by a proposed later development plan for a relevant lease—the proposed plan has been approved; and\n- (c) the arrangement is consistent with the purposes of this Act.\n- (i) the arrangement clearly identifies the safety responsibilities of each party to the arrangement for the land the subject of the arrangement; and\n- (ii) the spatial relationship between the relevant leases for the arrangement is appropriate; and\n- (a) having regard to the requirements under the P&G Act chapter 4 , the pipeline licence would not be granted if the party were to apply for it; or\n- (b) not enough information has been given to decide whether the licence should be granted; or\n- (c) the spatial relationship between the GHG lease and an overlapping authority is not appropriate for a GHG coordination arrangement.","sortOrder":242},{"sectionNumber":"sec.190","sectionType":"section","heading":"Approval does not confer right to surrender or renew","content":"### sec.190 Approval does not confer right to surrender or renew\n\nThis section applies if the term of a GHG coordination arrangement is longer than the current term of any relevant lease for the arrangement.\nTo remove any doubt, it is declared that the approval of the arrangement does not impose an obligation or create a right—\nto approve a surrender application for a GHG lease; or\nto renew any other type of relevant lease.\n(sec.190-ssec.1) This section applies if the term of a GHG coordination arrangement is longer than the current term of any relevant lease for the arrangement.\n(sec.190-ssec.2) To remove any doubt, it is declared that the approval of the arrangement does not impose an obligation or create a right— to approve a surrender application for a GHG lease; or to renew any other type of relevant lease.\n- (a) to approve a surrender application for a GHG lease; or\n- (b) to renew any other type of relevant lease.","sortOrder":243},{"sectionNumber":"sec.191","sectionType":"section","heading":"Grant of pipeline licence","content":"### sec.191 Grant of pipeline licence\n\nThis section applies if a GHG coordination arrangement provides for a party to the arrangement to be granted a pipeline licence for a GHG stream pipeline.\nThe Minister may if the party applies under the P&G Act , chapter 4 , part 2 , grant the pipeline licence.\nThe P&G Act , section 412 applies as if the application were a pipeline licence application under that Act.\nHowever, the provisions of the pipeline licence must be consistent with the arrangement.\n(sec.191-ssec.1) This section applies if a GHG coordination arrangement provides for a party to the arrangement to be granted a pipeline licence for a GHG stream pipeline.\n(sec.191-ssec.2) The Minister may if the party applies under the P&G Act , chapter 4 , part 2 , grant the pipeline licence.\n(sec.191-ssec.3) The P&G Act , section 412 applies as if the application were a pipeline licence application under that Act.\n(sec.191-ssec.4) However, the provisions of the pipeline licence must be consistent with the arrangement.","sortOrder":244},{"sectionNumber":"sec.192","sectionType":"section","heading":"Amendment or cancellation by parties to arrangement","content":"### sec.192 Amendment or cancellation by parties to arrangement\n\nA GHG coordination arrangement may be amended or cancelled by the parties to the arrangement only with the Minister’s approval.\nA purported amendment or cancellation of a GHG coordination arrangement by the parties to it has no effect unless it complies with subsection (1) .\n(sec.192-ssec.1) A GHG coordination arrangement may be amended or cancelled by the parties to the arrangement only with the Minister’s approval.\n(sec.192-ssec.2) A purported amendment or cancellation of a GHG coordination arrangement by the parties to it has no effect unless it complies with subsection (1) .","sortOrder":245},{"sectionNumber":"sec.193","sectionType":"section","heading":"Minister’s power to cancel arrangement","content":"### sec.193 Minister’s power to cancel arrangement\n\nThe Minister may by complying with subsections (2) and (3) , cancel a GHG coordination arrangement.\nIf the Minister proposes to cancel the arrangement, the Minister must give each holder of a relevant lease a notice stating—\nthat the Minister proposes to cancel the arrangement; and\nreasons for the proposed cancellation; and\nthat the holder may make submissions to the Minister about the proposed cancellation or the likely impact of the cancellation on the relevant leases.\nBefore cancelling the arrangement, the Minister must consider—\nany submissions made by a holder within the stated period; and\nthe likely impact of the cancellation on the relevant leases; and\nthe public interest.\nIf the Minister decides to cancel the arrangement, the Minister must give each of the holders an information notice about the decision.\nThe cancellation takes effect on the end of the appeal period for the decision to cancel or if a later day of effect is stated in the information notice, on that day.\nWhen the decision takes effect, the arrangement and the Minister’s approval of it cease to have effect.\n(sec.193-ssec.1) The Minister may by complying with subsections (2) and (3) , cancel a GHG coordination arrangement.\n(sec.193-ssec.2) If the Minister proposes to cancel the arrangement, the Minister must give each holder of a relevant lease a notice stating— that the Minister proposes to cancel the arrangement; and reasons for the proposed cancellation; and that the holder may make submissions to the Minister about the proposed cancellation or the likely impact of the cancellation on the relevant leases.\n(sec.193-ssec.3) Before cancelling the arrangement, the Minister must consider— any submissions made by a holder within the stated period; and the likely impact of the cancellation on the relevant leases; and the public interest.\n(sec.193-ssec.4) If the Minister decides to cancel the arrangement, the Minister must give each of the holders an information notice about the decision.\n(sec.193-ssec.5) The cancellation takes effect on the end of the appeal period for the decision to cancel or if a later day of effect is stated in the information notice, on that day.\n(sec.193-ssec.6) When the decision takes effect, the arrangement and the Minister’s approval of it cease to have effect.\n- (a) that the Minister proposes to cancel the arrangement; and\n- (b) reasons for the proposed cancellation; and\n- (c) that the holder may make submissions to the Minister about the proposed cancellation or the likely impact of the cancellation on the relevant leases.\n- (a) any submissions made by a holder within the stated period; and\n- (b) the likely impact of the cancellation on the relevant leases; and\n- (c) the public interest.","sortOrder":246},{"sectionNumber":"sec.194","sectionType":"section","heading":"Cancellation does not affect relevant leases","content":"### sec.194 Cancellation does not affect relevant leases\n\nThe cancellation of a former GHG coordination arrangement does not affect any relevant lease.","sortOrder":247},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Obtaining GHG lease if overlapping authority","content":"# Obtaining GHG lease if overlapping authority","sortOrder":248},{"sectionNumber":"ch.4-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":249},{"sectionNumber":"sec.195","sectionType":"section","heading":"Application of pt 3","content":"### sec.195 Application of pt 3\n\nThis part applies if—\na person (the applicant ) wishes to make a GHG lease application; and\nthere is an overlapping authority for the proposed GHG lease.\n- (a) a person (the applicant ) wishes to make a GHG lease application; and\n- (b) there is an overlapping authority for the proposed GHG lease.","sortOrder":250},{"sectionNumber":"ch.4-pt.3-div.2","sectionType":"division","heading":"Requirements for application","content":"## Requirements for application","sortOrder":251},{"sectionNumber":"sec.196","sectionType":"section","heading":"Requirements for making application","content":"### sec.196 Requirements for making application\n\nThe GHG lease application must include—\na statement that complies with section 197 (a GHG statement ); and\nother information that addresses the matters mentioned in subsection (2) (the GHG assessment criteria ).\nThe GHG assessment criteria are—\ncompliance with the P&G Act safety provisions; and\nthe additional requirements under part 7 for proposed initial development plans; and\nthe potential for the parties to make a GHG coordination arrangement for the proposed GHG lease; and\nthe economic and technical viability of the concurrent or coordinated carrying out of authorised activities for the proposed GHG lease and the overlapping authority; and\nthe public interest.\n(sec.196-ssec.1) The GHG lease application must include— a statement that complies with section 197 (a GHG statement ); and other information that addresses the matters mentioned in subsection (2) (the GHG assessment criteria ).\n(sec.196-ssec.2) The GHG assessment criteria are— compliance with the P&G Act safety provisions; and the additional requirements under part 7 for proposed initial development plans; and the potential for the parties to make a GHG coordination arrangement for the proposed GHG lease; and the economic and technical viability of the concurrent or coordinated carrying out of authorised activities for the proposed GHG lease and the overlapping authority; and the public interest.\n- (a) a statement that complies with section 197 (a GHG statement ); and\n- (b) other information that addresses the matters mentioned in subsection (2) (the GHG assessment criteria ).\n- (a) compliance with the P&G Act safety provisions; and\n- (b) the additional requirements under part 7 for proposed initial development plans; and\n- (c) the potential for the parties to make a GHG coordination arrangement for the proposed GHG lease; and\n- (d) the economic and technical viability of the concurrent or coordinated carrying out of authorised activities for the proposed GHG lease and the overlapping authority; and\n- (e) the public interest.","sortOrder":252},{"sectionNumber":"sec.197","sectionType":"section","heading":"Content requirements for GHG statement","content":"### sec.197 Content requirements for GHG statement\n\nThe GHG statement must—\nassess—\nthe likely effect of proposed GHG storage activities under the proposed GHG lease on the future use of resources under the overlapping authority; and\nthe technical and commercial feasibility of coordinating the proposed GHG storage activities and the future use of the resources; and\ninclude proposals for the minimisation of potential adverse effects on possible future safe and efficient use of the resources under the overlapping authority.\ns 197 amd 2010 No. 31 s 505\n- (a) assess— (i) the likely effect of proposed GHG storage activities under the proposed GHG lease on the future use of resources under the overlapping authority; and (ii) the technical and commercial feasibility of coordinating the proposed GHG storage activities and the future use of the resources; and\n- (i) the likely effect of proposed GHG storage activities under the proposed GHG lease on the future use of resources under the overlapping authority; and\n- (ii) the technical and commercial feasibility of coordinating the proposed GHG storage activities and the future use of the resources; and\n- (b) include proposals for the minimisation of potential adverse effects on possible future safe and efficient use of the resources under the overlapping authority.\n- (i) the likely effect of proposed GHG storage activities under the proposed GHG lease on the future use of resources under the overlapping authority; and\n- (ii) the technical and commercial feasibility of coordinating the proposed GHG storage activities and the future use of the resources; and","sortOrder":253},{"sectionNumber":"ch.4-pt.3-div.3","sectionType":"division","heading":"Consultation provisions","content":"## Consultation provisions","sortOrder":254},{"sectionNumber":"sec.198","sectionType":"section","heading":"Applicant’s information obligation","content":"### sec.198 Applicant’s information obligation\n\nThe applicant must within 10 business days after making the GHG lease application give the overlapping authority holder a copy of the application other than any part of the application relating to the capability criteria.\nIf the Minister is reasonably satisfied the applicant has not complied with subsection (1) , the Minister may refuse the application.\n(sec.198-ssec.1) The applicant must within 10 business days after making the GHG lease application give the overlapping authority holder a copy of the application other than any part of the application relating to the capability criteria.\n(sec.198-ssec.2) If the Minister is reasonably satisfied the applicant has not complied with subsection (1) , the Minister may refuse the application.","sortOrder":255},{"sectionNumber":"sec.199","sectionType":"section","heading":"Submissions by overlapping resource authority holder","content":"### sec.199 Submissions by overlapping resource authority holder\n\nThe overlapping authority holder may make submissions to the Minister about the GHG lease application ( holder submissions ).\nHowever, holder submissions may be made only within 4 months after the holder is given a copy of the application.\nHolder submissions may do all or any of the following—\nstate that the holder does not object to the granting of the proposed GHG lease;\nif the overlapping authority is an exploration authority (non-GHG) other than a geothermal exploration permit—state that the holder does not wish any priority for the resource for which the overlapping authority was granted ( overlapping authority priority );\ninclude information about authorised activities carried out under the overlapping authority;\ninclude a proposal by the overlapping authority holder for the use of the resource;\ninclude information relevant to the GHG assessment criteria;\npropose reasonable provisions for the safety management plan for the proposed GHG lease.\nThe holder must give the applicant a copy of the holder submissions.\ns 199 amd 2010 No. 31 s 502 sch 2 pt 4\n(sec.199-ssec.1) The overlapping authority holder may make submissions to the Minister about the GHG lease application ( holder submissions ).\n(sec.199-ssec.2) However, holder submissions may be made only within 4 months after the holder is given a copy of the application.\n(sec.199-ssec.3) Holder submissions may do all or any of the following— state that the holder does not object to the granting of the proposed GHG lease; if the overlapping authority is an exploration authority (non-GHG) other than a geothermal exploration permit—state that the holder does not wish any priority for the resource for which the overlapping authority was granted ( overlapping authority priority ); include information about authorised activities carried out under the overlapping authority; include a proposal by the overlapping authority holder for the use of the resource; include information relevant to the GHG assessment criteria; propose reasonable provisions for the safety management plan for the proposed GHG lease.\n(sec.199-ssec.4) The holder must give the applicant a copy of the holder submissions.\n- (a) state that the holder does not object to the granting of the proposed GHG lease;\n- (b) if the overlapping authority is an exploration authority (non-GHG) other than a geothermal exploration permit—state that the holder does not wish any priority for the resource for which the overlapping authority was granted ( overlapping authority priority );\n- (c) include information about authorised activities carried out under the overlapping authority;\n- (d) include a proposal by the overlapping authority holder for the use of the resource;\n- (e) include information relevant to the GHG assessment criteria;\n- (f) propose reasonable provisions for the safety management plan for the proposed GHG lease.","sortOrder":256},{"sectionNumber":"ch.4-pt.3-div.4","sectionType":"division","heading":"Resource management decision","content":"## Resource management decision","sortOrder":257},{"sectionNumber":"sec.200","sectionType":"section","heading":"Application of div 4","content":"### sec.200 Application of div 4\n\nThis division applies if—\nthe overlapping authority is an exploration authority (non-GHG); and\nthe overlapping authority holder has made holder submissions within 4 months after the holder was given a copy of the application; and\nthe submissions state that the holder wishes overlapping authority priority.\nHowever, this division does not apply if, under another resource Act, overlapping authority priority has been given for any of the relevant land.\nIf this division does not apply, the GHG lease application proceeds immediately to decision under chapter 3 as affected by division 7 .\ns 200 amd 2010 No. 31 s 502 sch 2 pt 4\n(sec.200-ssec.1) This division applies if— the overlapping authority is an exploration authority (non-GHG); and the overlapping authority holder has made holder submissions within 4 months after the holder was given a copy of the application; and the submissions state that the holder wishes overlapping authority priority.\n(sec.200-ssec.2) However, this division does not apply if, under another resource Act, overlapping authority priority has been given for any of the relevant land. If this division does not apply, the GHG lease application proceeds immediately to decision under chapter 3 as affected by division 7 .\n- (a) the overlapping authority is an exploration authority (non-GHG); and\n- (b) the overlapping authority holder has made holder submissions within 4 months after the holder was given a copy of the application; and\n- (c) the submissions state that the holder wishes overlapping authority priority.","sortOrder":258},{"sectionNumber":"sec.201","sectionType":"section","heading":"Resource management decision","content":"### sec.201 Resource management decision\n\nThe Minister must make a decision (the resource management decision ) about whether—\nto grant the GHG lease application; or\nto give any overlapping authority priority for all or part of the relevant land; or\nnot to grant the GHG lease application and not to give any overlapping authority priority for any of the relevant land.\ns 201 sub 2012 No. 20 s 125 sch 1\n- (a) to grant the GHG lease application; or\n- (b) to give any overlapping authority priority for all or part of the relevant land; or\n- (c) not to grant the GHG lease application and not to give any overlapping authority priority for any of the relevant land.","sortOrder":259},{"sectionNumber":"sec.202","sectionType":"section","heading":"Criteria for decision","content":"### sec.202 Criteria for decision\n\nIn making the resource management decision the Minister must have regard to—\nthe GHG statement; and\nthe GHG assessment criteria; and\nthe holder submissions; and\nthe public interest.\n- (a) the GHG statement; and\n- (b) the GHG assessment criteria; and\n- (c) the holder submissions; and\n- (d) the public interest.","sortOrder":260},{"sectionNumber":"sec.203","sectionType":"section","heading":"Restrictions on giving overlapping authority priority","content":"### sec.203 Restrictions on giving overlapping authority priority\n\nOverlapping authority priority may be given only if the Minister considers that—\neither—\nit is unlikely that the applicant and the overlapping authority holder will enter into a GHG coordination arrangement; or\na GHG coordination arrangement for the proposed GHG lease is not commercially or technically feasible; and\nthe public interest would be best served by not granting a GHG lease to the applicant first.\n- (a) either— (i) it is unlikely that the applicant and the overlapping authority holder will enter into a GHG coordination arrangement; or (ii) a GHG coordination arrangement for the proposed GHG lease is not commercially or technically feasible; and\n- (i) it is unlikely that the applicant and the overlapping authority holder will enter into a GHG coordination arrangement; or\n- (ii) a GHG coordination arrangement for the proposed GHG lease is not commercially or technically feasible; and\n- (b) the public interest would be best served by not granting a GHG lease to the applicant first.\n- (i) it is unlikely that the applicant and the overlapping authority holder will enter into a GHG coordination arrangement; or\n- (ii) a GHG coordination arrangement for the proposed GHG lease is not commercially or technically feasible; and","sortOrder":261},{"sectionNumber":"ch.4-pt.3-div.5","sectionType":"division","heading":"Process if resource management decision is to give overlapping authority priority","content":"## Process if resource management decision is to give overlapping authority priority","sortOrder":262},{"sectionNumber":"sec.204","sectionType":"section","heading":"Application of div 5","content":"### sec.204 Application of div 5\n\nThis division applies only if—\nunder division 4 , a resource management decision is required for the GHG lease application; and\nthat decision was to give overlapping authority priority for all or part of the relevant land.\n- (a) under division 4 , a resource management decision is required for the GHG lease application; and\n- (b) that decision was to give overlapping authority priority for all or part of the relevant land.","sortOrder":263},{"sectionNumber":"sec.205","sectionType":"section","heading":"Notice to applicant and overlapping authority holder","content":"### sec.205 Notice to applicant and overlapping authority holder\n\nThe chief executive must give the applicant and the overlapping authority holder notice of the resource management decision.\nThe notice must invite the overlapping authority holder to within 6 months after the giving of the notice (the overlapping authority application period ) apply for a lease under the Act under which the overlapping authority was granted (a relevant lease )—\nif the priority is for all of the land—for all of the land; or\nif the priority is for part of the land—for that part.\n(sec.205-ssec.1) The chief executive must give the applicant and the overlapping authority holder notice of the resource management decision.\n(sec.205-ssec.2) The notice must invite the overlapping authority holder to within 6 months after the giving of the notice (the overlapping authority application period ) apply for a lease under the Act under which the overlapping authority was granted (a relevant lease )— if the priority is for all of the land—for all of the land; or if the priority is for part of the land—for that part.\n- (a) if the priority is for all of the land—for all of the land; or\n- (b) if the priority is for part of the land—for that part.","sortOrder":264},{"sectionNumber":"sec.206","sectionType":"section","heading":"Relevant lease application for all of the land","content":"### sec.206 Relevant lease application for all of the land\n\nThis section applies if the priority is for all of the land and within the overlapping authority application period the overlapping authority holder applies for a relevant lease for all of the land.\nA further step can not be taken to decide the GHG lease application until after the relevant lease application has been decided.\nActs under which the overlapping authority was granted provide for refusal of the relevant lease application if it is not pursued in a timely manner.\nIf the decision on the relevant lease application is to grant a relevant lease for all of the land, the GHG lease application is taken to have lapsed.\n(sec.206-ssec.1) This section applies if the priority is for all of the land and within the overlapping authority application period the overlapping authority holder applies for a relevant lease for all of the land.\n(sec.206-ssec.2) A further step can not be taken to decide the GHG lease application until after the relevant lease application has been decided. Acts under which the overlapping authority was granted provide for refusal of the relevant lease application if it is not pursued in a timely manner.\n(sec.206-ssec.3) If the decision on the relevant lease application is to grant a relevant lease for all of the land, the GHG lease application is taken to have lapsed.","sortOrder":265},{"sectionNumber":"sec.207","sectionType":"section","heading":"Relevant lease application for part of the land","content":"### sec.207 Relevant lease application for part of the land\n\nThis section applies if the overlapping authority holder applies for a relevant lease for part of the land within the overlapping authority application period.\nThe person who made the GHG lease application may amend it so that a GHG lease is only sought for all or part of the rest of the land.\nUnless the amendment is made, a further step can not be taken to decide the GHG lease application until after the relevant lease application has been decided.\nIf—\nthe amendment has not been made; and\nthe decision on the relevant lease application is to grant a relevant lease for part of the land;\nthe person who made the GHG lease application may amend it so that a GHG lease is only sought for all or part of the rest of the land.\nIf the GHG lease application is not amended, see section 211 (Application may be refused if no reasonable prospects of GHG coordination arrangement).\n(sec.207-ssec.1) This section applies if the overlapping authority holder applies for a relevant lease for part of the land within the overlapping authority application period.\n(sec.207-ssec.2) The person who made the GHG lease application may amend it so that a GHG lease is only sought for all or part of the rest of the land.\n(sec.207-ssec.3) Unless the amendment is made, a further step can not be taken to decide the GHG lease application until after the relevant lease application has been decided.\n(sec.207-ssec.4) If— the amendment has not been made; and the decision on the relevant lease application is to grant a relevant lease for part of the land; the person who made the GHG lease application may amend it so that a GHG lease is only sought for all or part of the rest of the land. If the GHG lease application is not amended, see section 211 (Application may be refused if no reasonable prospects of GHG coordination arrangement).\n- (a) the amendment has not been made; and\n- (b) the decision on the relevant lease application is to grant a relevant lease for part of the land;","sortOrder":266},{"sectionNumber":"sec.208","sectionType":"section","heading":"No relevant lease application","content":"### sec.208 No relevant lease application\n\nIf the overlapping authority holder does not apply for a relevant lease for any of the land within the overlapping authority application period, the GHG lease application may be decided.","sortOrder":267},{"sectionNumber":"ch.4-pt.3-div.6","sectionType":"division","heading":"Resource management decision not to grant and not to give priority","content":"## Resource management decision not to grant and not to give priority","sortOrder":268},{"sectionNumber":"sec.209","sectionType":"section","heading":"Lapsing of application","content":"### sec.209 Lapsing of application\n\nThe GHG lease application is taken to have lapsed if—\nunder division 4 , a resource management decision is required; and\nthat decision was not to grant the GHG lease application and not to give any overlapping authority priority for any of the relevant land.\n- (a) under division 4 , a resource management decision is required; and\n- (b) that decision was not to grant the GHG lease application and not to give any overlapping authority priority for any of the relevant land.","sortOrder":269},{"sectionNumber":"ch.4-pt.3-div.7","sectionType":"division","heading":"Deciding application","content":"## Deciding application","sortOrder":270},{"sectionNumber":"sec.210","sectionType":"section","heading":"Application of div 7","content":"### sec.210 Application of div 7\n\nThis division applies if—\nthe overlapping authority holder has not made holder submissions within 4 months after the holder was given a copy of the application (the submission period ) or at all; or\nthe overlapping authority holder has made holder submissions within the submission period stating that the holder does not wish any overlapping authority priority; or\nunder division 4 , a resource management decision is required and—\nthe resource management decision was not to give overlapping authority priority for any of the relevant land; or\nthe resource management decision was to give overlapping authority priority for all or part of the relevant land and after division 5 has been complied with the Minister decides to grant a GHG lease for the land.\n- (a) the overlapping authority holder has not made holder submissions within 4 months after the holder was given a copy of the application (the submission period ) or at all; or\n- (b) the overlapping authority holder has made holder submissions within the submission period stating that the holder does not wish any overlapping authority priority; or\n- (c) under division 4 , a resource management decision is required and— (i) the resource management decision was not to give overlapping authority priority for any of the relevant land; or (ii) the resource management decision was to give overlapping authority priority for all or part of the relevant land and after division 5 has been complied with the Minister decides to grant a GHG lease for the land.\n- (i) the resource management decision was not to give overlapping authority priority for any of the relevant land; or\n- (ii) the resource management decision was to give overlapping authority priority for all or part of the relevant land and after division 5 has been complied with the Minister decides to grant a GHG lease for the land.\n- (i) the resource management decision was not to give overlapping authority priority for any of the relevant land; or\n- (ii) the resource management decision was to give overlapping authority priority for all or part of the relevant land and after division 5 has been complied with the Minister decides to grant a GHG lease for the land.","sortOrder":271},{"sectionNumber":"sec.211","sectionType":"section","heading":"Application may be refused if no reasonable prospects of GHG coordination arrangement","content":"### sec.211 Application may be refused if no reasonable prospects of GHG coordination arrangement\n\nThe Minister may decide to refuse the application if—\nthe Minister is satisfied the applicant and the overlapping authority holder have made reasonable attempts to reach a proposed GHG coordination arrangement (a relevant arrangement ) for the proposed GHG lease; and\neither—\nthe overlapping authority holder has given the Minister a notice stating there are no reasonable prospects of a relevant arrangement being made; or\nthe Minister has not been given a relevant arrangement for approval and the Minister considers the applicant and the overlapping authority holder have had a reasonable opportunity to make a relevant arrangement.\n- (a) the Minister is satisfied the applicant and the overlapping authority holder have made reasonable attempts to reach a proposed GHG coordination arrangement (a relevant arrangement ) for the proposed GHG lease; and\n- (b) either— (i) the overlapping authority holder has given the Minister a notice stating there are no reasonable prospects of a relevant arrangement being made; or (ii) the Minister has not been given a relevant arrangement for approval and the Minister considers the applicant and the overlapping authority holder have had a reasonable opportunity to make a relevant arrangement.\n- (i) the overlapping authority holder has given the Minister a notice stating there are no reasonable prospects of a relevant arrangement being made; or\n- (ii) the Minister has not been given a relevant arrangement for approval and the Minister considers the applicant and the overlapping authority holder have had a reasonable opportunity to make a relevant arrangement.\n- (i) the overlapping authority holder has given the Minister a notice stating there are no reasonable prospects of a relevant arrangement being made; or\n- (ii) the Minister has not been given a relevant arrangement for approval and the Minister considers the applicant and the overlapping authority holder have had a reasonable opportunity to make a relevant arrangement.","sortOrder":272},{"sectionNumber":"sec.212","sectionType":"section","heading":"Additional criteria for deciding provisions of GHG lease","content":"### sec.212 Additional criteria for deciding provisions of GHG lease\n\nIn deciding the provisions of the GHG lease the Minister must consider the following—\nthe GHG statement;\nthe GHG assessment criteria;\nany holder submissions;\nthe effect of the GHG lease on safe and efficient use of resources under any overlapping resource authority for the GHG lease if the overlapping resource authority is a lease;\nthe effect on safe and efficient use of resources under any future lease for the GHG lease that may arise from the overlapping authority.\ns 212 amd 2010 No. 31 ss 408 , 502 sch 2 pts 1 , 4\n- (a) the GHG statement;\n- (b) the GHG assessment criteria;\n- (c) any holder submissions;\n- (d) the effect of the GHG lease on safe and efficient use of resources under any overlapping resource authority for the GHG lease if the overlapping resource authority is a lease;\n- (e) the effect on safe and efficient use of resources under any future lease for the GHG lease that may arise from the overlapping authority.","sortOrder":273},{"sectionNumber":"sec.213","sectionType":"section","heading":"Publication of outcome of application","content":"### sec.213 Publication of outcome of application\n\nAfter the Minister decides whether or not to grant the GHG lease, the chief executive must publish a notice about the outcome of the GHG lease application in or on at least 1 of the following—\nthe gazette;\nthe department’s website;\nanother publication the chief executive considers appropriate.\nThe notice must state—\nthe decision; and\nif the decision was to grant the GHG lease—all conditions of the GHG lease other than the mandatory conditions; and\nif under division 4 , a resource management decision was required and that decision was to give overlapping authority priority for all or part of the land—the decision and the reasons for it.\nHowever, if the chief executive considers that information in any condition is commercial-in-confidence, the chief executive may instead of publishing the condition publish a statement about the intent of the condition.\n(sec.213-ssec.1) After the Minister decides whether or not to grant the GHG lease, the chief executive must publish a notice about the outcome of the GHG lease application in or on at least 1 of the following— the gazette; the department’s website; another publication the chief executive considers appropriate.\n(sec.213-ssec.2) The notice must state— the decision; and if the decision was to grant the GHG lease—all conditions of the GHG lease other than the mandatory conditions; and if under division 4 , a resource management decision was required and that decision was to give overlapping authority priority for all or part of the land—the decision and the reasons for it.\n(sec.213-ssec.3) However, if the chief executive considers that information in any condition is commercial-in-confidence, the chief executive may instead of publishing the condition publish a statement about the intent of the condition.\n- (a) the gazette;\n- (b) the department’s website;\n- (c) another publication the chief executive considers appropriate.\n- (a) the decision; and\n- (b) if the decision was to grant the GHG lease—all conditions of the GHG lease other than the mandatory conditions; and\n- (c) if under division 4 , a resource management decision was required and that decision was to give overlapping authority priority for all or part of the land—the decision and the reasons for it.","sortOrder":274},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Priority to particular lease applications","content":"# Priority to particular lease applications","sortOrder":275},{"sectionNumber":"sec.214","sectionType":"section","heading":"Earlier geothermal, mining or petroleum lease application","content":"### sec.214 Earlier geothermal, mining or petroleum lease application\n\nIf—\na GHG lease application is made; and\nbefore the making of that application, an application (the other application ) was made for a geothermal lease, mining lease or petroleum lease (the other proposed lease ); and\nthe other application had not been decided before the making of the GHG lease application; and\nthe other proposed lease is an overlapping resource authority for the proposed GHG lease;\nthe GHG lease application must not be decided until the other lease application has been decided.\ns 214 sub 2010 No. 31 s 506\n- (a) a GHG lease application is made; and\n- (b) before the making of that application, an application (the other application ) was made for a geothermal lease, mining lease or petroleum lease (the other proposed lease ); and\n- (c) the other application had not been decided before the making of the GHG lease application; and\n- (d) the other proposed lease is an overlapping resource authority for the proposed GHG lease;","sortOrder":276},{"sectionNumber":"sec.215","sectionType":"section","heading":"Proposed geothermal, mining or petroleum lease for which EIS approval given","content":"### sec.215 Proposed geothermal, mining or petroleum lease for which EIS approval given\n\nThis section applies for a GHG lease application if—\nbefore the making of the application, an approval under the Environmental Protection Act , chapter 3 , part 2 was granted for the voluntary preparation of an EIS; and\nthe EIS is for a project that is or includes a proposed geothermal lease, mining lease or petroleum lease (the other proposed lease ) for land the subject of the application.\nThe application must not be decided until—\nif no application is made for the other proposed lease within 2 years after the granting of the approval—the end of the 2 years; or\nif an application is made for the other proposed lease within the 2 years—that application is decided.\ns 215 sub 2010 No. 31 s 506\n(sec.215-ssec.1) This section applies for a GHG lease application if— before the making of the application, an approval under the Environmental Protection Act , chapter 3 , part 2 was granted for the voluntary preparation of an EIS; and the EIS is for a project that is or includes a proposed geothermal lease, mining lease or petroleum lease (the other proposed lease ) for land the subject of the application.\n(sec.215-ssec.2) The application must not be decided until— if no application is made for the other proposed lease within 2 years after the granting of the approval—the end of the 2 years; or if an application is made for the other proposed lease within the 2 years—that application is decided.\n- (a) before the making of the application, an approval under the Environmental Protection Act , chapter 3 , part 2 was granted for the voluntary preparation of an EIS; and\n- (b) the EIS is for a project that is or includes a proposed geothermal lease, mining lease or petroleum lease (the other proposed lease ) for land the subject of the application.\n- (a) if no application is made for the other proposed lease within 2 years after the granting of the approval—the end of the 2 years; or\n- (b) if an application is made for the other proposed lease within the 2 years—that application is decided.","sortOrder":277},{"sectionNumber":"sec.216","sectionType":"section","heading":"Proposed geothermal, mining or petroleum lease declared a coordinated project","content":"### sec.216 Proposed geothermal, mining or petroleum lease declared a coordinated project\n\nThis section applies for a GHG lease application if—\nbefore the making of the application, a coordinated project was declared; and\nthe project is or includes a proposed geothermal lease, mining lease or petroleum lease (the other proposed lease ) for land the subject of the application.\nThe application must not be decided until—\nif no application is made for the other proposed lease within 1 year after the making of the declaration—the end of that year; or\nif an application is made for the other proposed lease within that year—that application is decided.\ns 216 sub 2010 No. 31 s 506\namd 2012 No. 43 s 325 sch 2\n(sec.216-ssec.1) This section applies for a GHG lease application if— before the making of the application, a coordinated project was declared; and the project is or includes a proposed geothermal lease, mining lease or petroleum lease (the other proposed lease ) for land the subject of the application.\n(sec.216-ssec.2) The application must not be decided until— if no application is made for the other proposed lease within 1 year after the making of the declaration—the end of that year; or if an application is made for the other proposed lease within that year—that application is decided.\n- (a) before the making of the application, a coordinated project was declared; and\n- (b) the project is or includes a proposed geothermal lease, mining lease or petroleum lease (the other proposed lease ) for land the subject of the application.\n- (a) if no application is made for the other proposed lease within 1 year after the making of the declaration—the end of that year; or\n- (b) if an application is made for the other proposed lease within that year—that application is decided.","sortOrder":278},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"GHG lease applications in response to invitation under resource Act","content":"# GHG lease applications in response to invitation under resource Act","sortOrder":279},{"sectionNumber":"sec.217","sectionType":"section","heading":"Application of pt 5","content":"### sec.217 Application of pt 5\n\nThis part applies if—\na GHG lease application is made in response to an invitation given because of a resource management decision under a resource Act; and\nthe application is made within 6 months after the giving of the invitation.\ns 217 amd 2010 No. 31 s 502 sch 2 pt 4\n- (a) a GHG lease application is made in response to an invitation given because of a resource management decision under a resource Act; and\n- (b) the application is made within 6 months after the giving of the invitation.","sortOrder":280},{"sectionNumber":"sec.218","sectionType":"section","heading":"Additional ground for refusing application","content":"### sec.218 Additional ground for refusing application\n\nThe Minister may decide to refuse the GHG lease application if satisfied the applicant has not in a timely manner—\ntaken any step for the application required of the applicant under chapter 3 or this chapter; or\nsatisfied the Minister about a matter that under chapter 3 or this chapter, is required for the granting of the application.\nSubsection (1) does not limit section 413 or 413A .\ns 218 amd 2012 No. 20 s 125 sch 1 , s 281 sch 2\n(sec.218-ssec.1) The Minister may decide to refuse the GHG lease application if satisfied the applicant has not in a timely manner— taken any step for the application required of the applicant under chapter 3 or this chapter; or satisfied the Minister about a matter that under chapter 3 or this chapter, is required for the granting of the application.\n(sec.218-ssec.2) Subsection (1) does not limit section 413 or 413A .\n- (a) taken any step for the application required of the applicant under chapter 3 or this chapter; or\n- (b) satisfied the Minister about a matter that under chapter 3 or this chapter, is required for the granting of the application.","sortOrder":281},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Additional provisions for GHG authorities","content":"# Additional provisions for GHG authorities","sortOrder":282},{"sectionNumber":"ch.4-pt.6-div.1","sectionType":"division","heading":"Restrictions on authorised activities other than for GHG leases","content":"## Restrictions on authorised activities other than for GHG leases","sortOrder":283},{"sectionNumber":"sec.219","sectionType":"section","heading":"Overlapping geothermal, mining or petroleum lease","content":"### sec.219 Overlapping geothermal, mining or petroleum lease\n\nThis section applies if land is in the area of both of the following—\na GHG permit or GHG data acquisition authority (the GHG authority );\na geothermal lease, mining lease or petroleum lease (a relevant lease ).\nHowever, this section does not apply if the same person holds the GHG authority and the relevant lease.\nAn authorised activity for the GHG authority may be carried out on the land only if—\nthe relevant lease holder has not, in the way required under subsection (4) , objected to—\nthe carrying out of the activity; or\nif the P&G Act safety provisions require a safety management plan for the GHG authority holder—the safety management plan; or\nif an objection under paragraph (a) has been made—the Minister has, under section 221 , decided the authorised activity may be carried out.\nFor notice of authorised activities, see section 223 .\nThe objection must be in the approved form and given to the Minister and the GHG authority holder.\nSee also the Mineral Resources Act , section 403 (Offences regarding land subject to mining claim or mining lease).\ns 219 sub 2010 No. 31 s 507\n(sec.219-ssec.1) This section applies if land is in the area of both of the following— a GHG permit or GHG data acquisition authority (the GHG authority ); a geothermal lease, mining lease or petroleum lease (a relevant lease ).\n(sec.219-ssec.2) However, this section does not apply if the same person holds the GHG authority and the relevant lease.\n(sec.219-ssec.3) An authorised activity for the GHG authority may be carried out on the land only if— the relevant lease holder has not, in the way required under subsection (4) , objected to— the carrying out of the activity; or if the P&G Act safety provisions require a safety management plan for the GHG authority holder—the safety management plan; or if an objection under paragraph (a) has been made—the Minister has, under section 221 , decided the authorised activity may be carried out. For notice of authorised activities, see section 223 .\n(sec.219-ssec.4) The objection must be in the approved form and given to the Minister and the GHG authority holder. See also the Mineral Resources Act , section 403 (Offences regarding land subject to mining claim or mining lease).\n- (a) a GHG permit or GHG data acquisition authority (the GHG authority );\n- (b) a geothermal lease, mining lease or petroleum lease (a relevant lease ).\n- (a) the relevant lease holder has not, in the way required under subsection (4) , objected to— (i) the carrying out of the activity; or (ii) if the P&G Act safety provisions require a safety management plan for the GHG authority holder—the safety management plan; or\n- (i) the carrying out of the activity; or\n- (ii) if the P&G Act safety provisions require a safety management plan for the GHG authority holder—the safety management plan; or\n- (b) if an objection under paragraph (a) has been made—the Minister has, under section 221 , decided the authorised activity may be carried out.\n- (i) the carrying out of the activity; or\n- (ii) if the P&G Act safety provisions require a safety management plan for the GHG authority holder—the safety management plan; or","sortOrder":284},{"sectionNumber":"sec.220","sectionType":"section","heading":"Overlapping exploration authority (non-GHG)","content":"### sec.220 Overlapping exploration authority (non-GHG)\n\nThis section applies if land is in the area of both of the following—\na GHG authority other than a GHG lease;\nan exploration authority (non-GHG).\nAn authorised activity for the GHG authority can not be carried out on the land if—\ncarrying it out adversely affects the carrying out of an authorised activity for the exploration authority (non-GHG); and\nthe authorised activity for the exploration authority (non-GHG) has already started.\n(sec.220-ssec.1) This section applies if land is in the area of both of the following— a GHG authority other than a GHG lease; an exploration authority (non-GHG).\n(sec.220-ssec.2) An authorised activity for the GHG authority can not be carried out on the land if— carrying it out adversely affects the carrying out of an authorised activity for the exploration authority (non-GHG); and the authorised activity for the exploration authority (non-GHG) has already started.\n- (a) a GHG authority other than a GHG lease;\n- (b) an exploration authority (non-GHG).\n- (a) carrying it out adversely affects the carrying out of an authorised activity for the exploration authority (non-GHG); and\n- (b) the authorised activity for the exploration authority (non-GHG) has already started.","sortOrder":285},{"sectionNumber":"sec.221","sectionType":"section","heading":"Resolving disputes","content":"### sec.221 Resolving disputes\n\nThis section applies if under section 219 a relevant lease holder has objected to the carrying out of a GHG storage activity by a GHG authority holder.\nThis section also applies if there is a dispute between a GHG authority holder and an exploration authority (non-GHG) holder about whether an authorised activity for the GHG authority can be carried out under section 220 .\nEither of the parties may by a notice in the approved form ask the Minister to decide—\nfor section 219 —whether the authorised activity may be carried out under that section; or\nfor section 220 —whether the authorised activity may be carried out under that section.\nBefore making the decision the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period.\nThe Minister must, after complying with subsection (4) and considering any submission made under that subsection, decide the matter and give the parties notice of the decision.\nThe Minister’s decision binds the parties.\nIf the request is about a matter mentioned in subsection (1) , the Minister may impose conditions on any decision that the authorised activity may be carried out.\nIn this section—\nparties means—\nfor a request about a matter mentioned in subsection (1) —the GHG authority holder and the relevant lease holder; or\nfor a request about a matter mentioned in subsection (2) —the GHG authority holder and the exploration authority (non-GHG) holder.\ns 221 amd 2010 No. 31 s 502 sch 2 pt 4\n(sec.221-ssec.1) This section applies if under section 219 a relevant lease holder has objected to the carrying out of a GHG storage activity by a GHG authority holder.\n(sec.221-ssec.2) This section also applies if there is a dispute between a GHG authority holder and an exploration authority (non-GHG) holder about whether an authorised activity for the GHG authority can be carried out under section 220 .\n(sec.221-ssec.3) Either of the parties may by a notice in the approved form ask the Minister to decide— for section 219 —whether the authorised activity may be carried out under that section; or for section 220 —whether the authorised activity may be carried out under that section.\n(sec.221-ssec.4) Before making the decision the Minister must give the parties a reasonable opportunity to make submissions about the request within a reasonable period.\n(sec.221-ssec.5) The Minister must, after complying with subsection (4) and considering any submission made under that subsection, decide the matter and give the parties notice of the decision.\n(sec.221-ssec.6) The Minister’s decision binds the parties.\n(sec.221-ssec.7) If the request is about a matter mentioned in subsection (1) , the Minister may impose conditions on any decision that the authorised activity may be carried out.\n(sec.221-ssec.8) In this section— parties means— for a request about a matter mentioned in subsection (1) —the GHG authority holder and the relevant lease holder; or for a request about a matter mentioned in subsection (2) —the GHG authority holder and the exploration authority (non-GHG) holder.\n- (a) for section 219 —whether the authorised activity may be carried out under that section; or\n- (b) for section 220 —whether the authorised activity may be carried out under that section.\n- (a) for a request about a matter mentioned in subsection (1) —the GHG authority holder and the relevant lease holder; or\n- (b) for a request about a matter mentioned in subsection (2) —the GHG authority holder and the exploration authority (non-GHG) holder.","sortOrder":286},{"sectionNumber":"ch.4-pt.6-div.2","sectionType":"division","heading":"Additional conditions","content":"## Additional conditions","sortOrder":287},{"sectionNumber":"sec.222","sectionType":"section","heading":"Notice of grant by particular GHG authority holders","content":"### sec.222 Notice of grant by particular GHG authority holders\n\nThis section applies if—\na GHG authority other than a GHG lease is granted; and\nland in the GHG authority’s area is in the area of or in a proposed area under an application for any of the following other authorities—\nan exploration authority (non-GHG);\na GHG data acquisition authority;\na data acquisition authority under the P&G Act ;\na water monitoring authority under the P&G Act .\nIt is a condition of the GHG authority that its holder must within 20 business days after the holder receives notice of the grant, give the holder of or applicant for the other authority a notice stating—\nthat the GHG authority has been granted; and\nthe GHG authority holder’s name; and\nthe term of the GHG authority.\n(sec.222-ssec.1) This section applies if— a GHG authority other than a GHG lease is granted; and land in the GHG authority’s area is in the area of or in a proposed area under an application for any of the following other authorities— an exploration authority (non-GHG); a GHG data acquisition authority; a data acquisition authority under the P&G Act ; a water monitoring authority under the P&G Act .\n(sec.222-ssec.2) It is a condition of the GHG authority that its holder must within 20 business days after the holder receives notice of the grant, give the holder of or applicant for the other authority a notice stating— that the GHG authority has been granted; and the GHG authority holder’s name; and the term of the GHG authority.\n- (a) a GHG authority other than a GHG lease is granted; and\n- (b) land in the GHG authority’s area is in the area of or in a proposed area under an application for any of the following other authorities— (i) an exploration authority (non-GHG); (ii) a GHG data acquisition authority; (iii) a data acquisition authority under the P&G Act ; (iv) a water monitoring authority under the P&G Act .\n- (i) an exploration authority (non-GHG);\n- (ii) a GHG data acquisition authority;\n- (iii) a data acquisition authority under the P&G Act ;\n- (iv) a water monitoring authority under the P&G Act .\n- (i) an exploration authority (non-GHG);\n- (ii) a GHG data acquisition authority;\n- (iii) a data acquisition authority under the P&G Act ;\n- (iv) a water monitoring authority under the P&G Act .\n- (a) that the GHG authority has been granted; and\n- (b) the GHG authority holder’s name; and\n- (c) the term of the GHG authority.","sortOrder":288},{"sectionNumber":"sec.223","sectionType":"section","heading":"Condition to notify particular other authority holders of proposed start of particular authorised activities","content":"### sec.223 Condition to notify particular other authority holders of proposed start of particular authorised activities\n\nThis section applies to a GHG authority holder if—\nthere is any of the following (the other authority ) for the GHG authority—\nan overlapping authority;\na geothermal permit, mining lease or petroleum tenure that shares a common boundary with the GHG authority; or\nland in the GHG authority’s area is in the area of a data acquisition authority under the P&G Act (also the other authority ).\nBefore the GHG authority holder first starts a designated activity in the other authority’s area, the GHG authority holder must give the other authority holder at least 30 business days notice of the activity.\nA notice under subsection (2) must state—\nwhen the designated activity is to start; and\nwhere the designated activity is to be carried out; and\nthe nature of the activity.\nBefore changing the land on which the designated activity is being carried out, the GHG authority holder must give the other authority holder at least 30 business days notice stating where the activity is to be carried out.\nCompliance with this section is a condition of the GHG authority.\nIn this section—\ndesignated activity means any authorised activity for the GHG authority other than—\nan incidental activity under section 31 or 112 ; or\nan activity that only involves selecting places where other authorised activities for the GHG authority may be carried out.\ns 223 amd 2010 No. 31 s 502 sch 2 pt 4\n(sec.223-ssec.1) This section applies to a GHG authority holder if— there is any of the following (the other authority ) for the GHG authority— an overlapping authority; a geothermal permit, mining lease or petroleum tenure that shares a common boundary with the GHG authority; or land in the GHG authority’s area is in the area of a data acquisition authority under the P&G Act (also the other authority ).\n(sec.223-ssec.2) Before the GHG authority holder first starts a designated activity in the other authority’s area, the GHG authority holder must give the other authority holder at least 30 business days notice of the activity.\n(sec.223-ssec.3) A notice under subsection (2) must state— when the designated activity is to start; and where the designated activity is to be carried out; and the nature of the activity.\n(sec.223-ssec.4) Before changing the land on which the designated activity is being carried out, the GHG authority holder must give the other authority holder at least 30 business days notice stating where the activity is to be carried out.\n(sec.223-ssec.5) Compliance with this section is a condition of the GHG authority.\n(sec.223-ssec.6) In this section— designated activity means any authorised activity for the GHG authority other than— an incidental activity under section 31 or 112 ; or an activity that only involves selecting places where other authorised activities for the GHG authority may be carried out.\n- (a) there is any of the following (the other authority ) for the GHG authority— (i) an overlapping authority; (ii) a geothermal permit, mining lease or petroleum tenure that shares a common boundary with the GHG authority; or\n- (i) an overlapping authority;\n- (ii) a geothermal permit, mining lease or petroleum tenure that shares a common boundary with the GHG authority; or\n- (b) land in the GHG authority’s area is in the area of a data acquisition authority under the P&G Act (also the other authority ).\n- (i) an overlapping authority;\n- (ii) a geothermal permit, mining lease or petroleum tenure that shares a common boundary with the GHG authority; or\n- (a) when the designated activity is to start; and\n- (b) where the designated activity is to be carried out; and\n- (c) the nature of the activity.\n- (a) an incidental activity under section 31 or 112 ; or\n- (b) an activity that only involves selecting places where other authorised activities for the GHG authority may be carried out.","sortOrder":289},{"sectionNumber":"sec.224","sectionType":"section","heading":"Continuance of GHG coordination arrangement after transfer","content":"### sec.224 Continuance of GHG coordination arrangement after transfer\n\nThis section applies if—\nthere is an overlapping authority for a GHG lease; and\na GHG coordination arrangement applies to the GHG lease; and\nthe GHG lease is transferred.\nIt is a condition of the GHG lease that its holder must continue to be a party to a GHG coordination arrangement for the lease while the overlapping authority continues in force.\n(sec.224-ssec.1) This section applies if— there is an overlapping authority for a GHG lease; and a GHG coordination arrangement applies to the GHG lease; and the GHG lease is transferred.\n(sec.224-ssec.2) It is a condition of the GHG lease that its holder must continue to be a party to a GHG coordination arrangement for the lease while the overlapping authority continues in force.\n- (a) there is an overlapping authority for a GHG lease; and\n- (b) a GHG coordination arrangement applies to the GHG lease; and\n- (c) the GHG lease is transferred.","sortOrder":290},{"sectionNumber":"ch.4-pt.6-div.3","sectionType":"division","heading":"Restriction on Minister’s power to amend GHG lease if overlapping authority","content":"## Restriction on Minister’s power to amend GHG lease if overlapping authority","sortOrder":291},{"sectionNumber":"sec.225","sectionType":"section","heading":"Interests of overlapping authority holder to be considered","content":"### sec.225 Interests of overlapping authority holder to be considered\n\nIf there is an overlapping authority for a GHG lease, it may be amended under section 374 only if the interests of the overlapping authority holder have been considered.","sortOrder":292},{"sectionNumber":"ch.4-pt.7","sectionType":"part","heading":"Additional provisions for development plans if overlapping authority","content":"# Additional provisions for development plans if overlapping authority","sortOrder":293},{"sectionNumber":"sec.226","sectionType":"section","heading":"Operation of pt 7","content":"### sec.226 Operation of pt 7\n\nThis part imposes additional requirements for the following for a GHG lease or proposed GHG lease for which there is an overlapping authority—\na proposed initial development plan;\na proposed later development plan;\na proposed amendment under an application to amend a development plan.\n- (a) a proposed initial development plan;\n- (b) a proposed later development plan;\n- (c) a proposed amendment under an application to amend a development plan.","sortOrder":294},{"sectionNumber":"sec.227","sectionType":"section","heading":"Statement about interests of overlapping authority holder","content":"### sec.227 Statement about interests of overlapping authority holder\n\nThe proposed plan or amendment must include a statement of how the effects on and the interests of any overlapping authority holder have or have not been considered, having regard to the GHG assessment criteria.","sortOrder":295},{"sectionNumber":"sec.228","sectionType":"section","heading":"Consistency with overlapping resource authority’s development plan and with any relevant coordination arrangement","content":"### sec.228 Consistency with overlapping resource authority’s development plan and with any relevant coordination arrangement\n\nTo the extent the area of the GHG lease and the overlapping authority coincide or will coincide, the proposed plan or amendment must be consistent with any geothermal coordination arrangement or GHG coordination arrangement for that area.\nSubsection (3) applies if the overlapping authority is a mining lease or petroleum lease.\nThe proposed plan or amendment must to the extent the area of the GHG lease and the mining lease or petroleum lease coincide or will coincide be consistent with the development plan for the overlapping authority.\ns 228 amd 2010 No. 31 s 508\n(sec.228-ssec.1) To the extent the area of the GHG lease and the overlapping authority coincide or will coincide, the proposed plan or amendment must be consistent with any geothermal coordination arrangement or GHG coordination arrangement for that area.\n(sec.228-ssec.2) Subsection (3) applies if the overlapping authority is a mining lease or petroleum lease.\n(sec.228-ssec.3) The proposed plan or amendment must to the extent the area of the GHG lease and the mining lease or petroleum lease coincide or will coincide be consistent with the development plan for the overlapping authority.","sortOrder":296},{"sectionNumber":"sec.229","sectionType":"section","heading":"Additional criteria for approval","content":"### sec.229 Additional criteria for approval\n\nIn deciding whether to approve the proposed plan or amendment the Minister must consider the GHG assessment criteria.","sortOrder":297},{"sectionNumber":"ch.4-pt.8","sectionType":"part","heading":"Additional provisions for safety management plans","content":"# Additional provisions for safety management plans","sortOrder":298},{"sectionNumber":"sec.230","sectionType":"section","heading":"Grant of GHG lease does not affect obligation to make plan","content":"### sec.230 Grant of GHG lease does not affect obligation to make plan\n\nThis section applies if a GHG statement accompanies a GHG lease application as required under this chapter.\nThe deciding of the application or the grant of the GHG lease—\ndoes not affect the obligation under the P&G Act safety provisions to make a safety management plan for any operating plant in the GHG lease’s area; and\nis not of itself evidence that a safety management plan, or purported safety management plan, for an operating plant in the GHG lease’s area complies with those provisions.\n(sec.230-ssec.1) This section applies if a GHG statement accompanies a GHG lease application as required under this chapter.\n(sec.230-ssec.2) The deciding of the application or the grant of the GHG lease— does not affect the obligation under the P&G Act safety provisions to make a safety management plan for any operating plant in the GHG lease’s area; and is not of itself evidence that a safety management plan, or purported safety management plan, for an operating plant in the GHG lease’s area complies with those provisions.\n- (a) does not affect the obligation under the P&G Act safety provisions to make a safety management plan for any operating plant in the GHG lease’s area; and\n- (b) is not of itself evidence that a safety management plan, or purported safety management plan, for an operating plant in the GHG lease’s area complies with those provisions.","sortOrder":299},{"sectionNumber":"sec.231","sectionType":"section","heading":"Requirements for consultation with particular overlapping resource authority holders","content":"### sec.231 Requirements for consultation with particular overlapping resource authority holders\n\nThis section applies if—\na person (an operator ) proposes to be an operator of operating plant under the P&G Act in the area of a GHG tenure; and\nthe operating plant is used or is proposed to be used for GHG storage activities ( relevant operating plant ); and\nactivities ( relevant activities ) carried out, or proposed to be carried out, at the plant may adversely affect the safe and efficient use of resources under an overlapping authority for the GHG tenure.\nBefore any operator may operate relevant operating plant, each operator must have made reasonable attempts to consult with the overlapping authority holder about relevant activities for the plant.\nIf there is more than 1 operator, the GHG tenure holder may coordinate the consultation between the operators and the overlapping authority holder.\nFor subsection (2) , an operator is taken to have made reasonable attempts to consult if—\nthe operator gives the overlapping authority holder a copy of the parts of the operator’s proposed safety management plan concerning any relevant operating plant the operator proposes to operate for the relevant activities; and\nthe overlapping authority holder has not within 30 days after the giving of the copy made any proposal to the operator about provisions for the plan.\nAn operator must before making or remaking a safety management plan for any relevant operating plant the operator operates or proposes to operate, have regard to any reasonable provisions for the plan proposed by the overlapping authority holder concerning relevant activities for the plant.\nHowever, the obligation under subsection (5) applies only to the extent the provisions are commercially and technically feasible for the operator or any relevant GHG tenure holder.\nIf an operator makes a safety management plan for relevant operating plant that includes provisions proposed by the overlapping authority holder, the operator must—\ngive the overlapping authority holder a copy; and\ngive the chief inspector under the P&G Act a notice stating any provisions proposed under subsection (5) and whether they were included in the plan.\nIn this section—\nremaking , a safety management plan, includes an amendment or remaking of the plan of a type required under the P&G Act , section 678 .\ns 231 amd 2010 No. 31 s 502 sch 2 pt 4\n(sec.231-ssec.1) This section applies if— a person (an operator ) proposes to be an operator of operating plant under the P&G Act in the area of a GHG tenure; and the operating plant is used or is proposed to be used for GHG storage activities ( relevant operating plant ); and activities ( relevant activities ) carried out, or proposed to be carried out, at the plant may adversely affect the safe and efficient use of resources under an overlapping authority for the GHG tenure.\n(sec.231-ssec.2) Before any operator may operate relevant operating plant, each operator must have made reasonable attempts to consult with the overlapping authority holder about relevant activities for the plant.\n(sec.231-ssec.3) If there is more than 1 operator, the GHG tenure holder may coordinate the consultation between the operators and the overlapping authority holder.\n(sec.231-ssec.4) For subsection (2) , an operator is taken to have made reasonable attempts to consult if— the operator gives the overlapping authority holder a copy of the parts of the operator’s proposed safety management plan concerning any relevant operating plant the operator proposes to operate for the relevant activities; and the overlapping authority holder has not within 30 days after the giving of the copy made any proposal to the operator about provisions for the plan.\n(sec.231-ssec.5) An operator must before making or remaking a safety management plan for any relevant operating plant the operator operates or proposes to operate, have regard to any reasonable provisions for the plan proposed by the overlapping authority holder concerning relevant activities for the plant.\n(sec.231-ssec.6) However, the obligation under subsection (5) applies only to the extent the provisions are commercially and technically feasible for the operator or any relevant GHG tenure holder.\n(sec.231-ssec.7) If an operator makes a safety management plan for relevant operating plant that includes provisions proposed by the overlapping authority holder, the operator must— give the overlapping authority holder a copy; and give the chief inspector under the P&G Act a notice stating any provisions proposed under subsection (5) and whether they were included in the plan.\n(sec.231-ssec.8) In this section— remaking , a safety management plan, includes an amendment or remaking of the plan of a type required under the P&G Act , section 678 .\n- (a) a person (an operator ) proposes to be an operator of operating plant under the P&G Act in the area of a GHG tenure; and\n- (b) the operating plant is used or is proposed to be used for GHG storage activities ( relevant operating plant ); and\n- (c) activities ( relevant activities ) carried out, or proposed to be carried out, at the plant may adversely affect the safe and efficient use of resources under an overlapping authority for the GHG tenure.\n- (a) the operator gives the overlapping authority holder a copy of the parts of the operator’s proposed safety management plan concerning any relevant operating plant the operator proposes to operate for the relevant activities; and\n- (b) the overlapping authority holder has not within 30 days after the giving of the copy made any proposal to the operator about provisions for the plan.\n- (a) give the overlapping authority holder a copy; and\n- (b) give the chief inspector under the P&G Act a notice stating any provisions proposed under subsection (5) and whether they were included in the plan.","sortOrder":300},{"sectionNumber":"sec.232","sectionType":"section","heading":"Application of P&G Act provisions for resolving disputes about reasonableness of proposed provision","content":"### sec.232 Application of P&G Act provisions for resolving disputes about reasonableness of proposed provision\n\nThis section applies if a dispute exists between an operator under section 231 and an overlapping authority holder about the reasonableness of a provision proposed by the overlapping authority holder for the operator’s proposed safety management plan.\nThe P&G Act , section 387 , chapter 12 and schedule 1 apply to the dispute as if it were a dispute to which section 387 of that Act applies.\nP&G Act , chapter 12 and schedule 1 (Reviews and appeals)\n(sec.232-ssec.1) This section applies if a dispute exists between an operator under section 231 and an overlapping authority holder about the reasonableness of a provision proposed by the overlapping authority holder for the operator’s proposed safety management plan.\n(sec.232-ssec.2) The P&G Act , section 387 , chapter 12 and schedule 1 apply to the dispute as if it were a dispute to which section 387 of that Act applies. P&G Act , chapter 12 and schedule 1 (Reviews and appeals)","sortOrder":301},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"GHG injection and storage data acquisition authorities","content":"# GHG injection and storage data acquisition authorities","sortOrder":302},{"sectionNumber":"ch.5-pt.1-div.1","sectionType":"division","heading":"Obtaining authority","content":"## Obtaining authority","sortOrder":303},{"sectionNumber":"sec.233","sectionType":"section","heading":"Who may apply for GHG data acquisition authority","content":"### sec.233 Who may apply for GHG data acquisition authority\n\nA GHG tenure holder may apply for a GHG data acquisition authority to allow the applicant to carry out the following activities ( data acquisition activities )—\ngeophysical surveys on land (the data acquisition land ) contiguous to land in the GHG tenure’s area to enable the applicant to acquire data relevant to authorised activities under the tenure;\nthe entering of the data acquisition land to carry out the geophysical surveys.\nHowever, the application can not be made or granted for land in the area of another GHG tenure.\nThe GHG tenure mentioned in subsection (1) is the relevant GHG tenure for the GHG data acquisition authority or proposed GHG data acquisition authority.\n(sec.233-ssec.1) A GHG tenure holder may apply for a GHG data acquisition authority to allow the applicant to carry out the following activities ( data acquisition activities )— geophysical surveys on land (the data acquisition land ) contiguous to land in the GHG tenure’s area to enable the applicant to acquire data relevant to authorised activities under the tenure; the entering of the data acquisition land to carry out the geophysical surveys.\n(sec.233-ssec.2) However, the application can not be made or granted for land in the area of another GHG tenure.\n(sec.233-ssec.3) The GHG tenure mentioned in subsection (1) is the relevant GHG tenure for the GHG data acquisition authority or proposed GHG data acquisition authority.\n- (a) geophysical surveys on land (the data acquisition land ) contiguous to land in the GHG tenure’s area to enable the applicant to acquire data relevant to authorised activities under the tenure;\n- (b) the entering of the data acquisition land to carry out the geophysical surveys.","sortOrder":304},{"sectionNumber":"sec.234","sectionType":"section","heading":"Requirements for making application","content":"### sec.234 Requirements for making application\n\nThe application must be—\nmade to the Minister in the approved form; and\naccompanied by the fee prescribed under a regulation.\n- (a) made to the Minister in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation.","sortOrder":305},{"sectionNumber":"sec.235","sectionType":"section","heading":"Deciding application","content":"### sec.235 Deciding application\n\nThe Minister may grant or refuse the GHG data acquisition authority.\nHowever, the GHG data acquisition authority can not be granted unless a relevant environmental authority has been issued.\nIf the application relates to acquired land, see also section 369C .\nThe Minister may as a condition of deciding to grant the GHG data acquisition authority, require the applicant to do all or any of the following within a stated reasonable period—\npay the annual rent for the GHG data acquisition authority;\ngive under section 271 , security for the GHG data acquisition authority.\nIf the applicant does not comply with the requirement, the application may be refused.\ns 235 amd 2012 No. 20 s 39\n(sec.235-ssec.1) The Minister may grant or refuse the GHG data acquisition authority.\n(sec.235-ssec.2) However, the GHG data acquisition authority can not be granted unless a relevant environmental authority has been issued. If the application relates to acquired land, see also section 369C .\n(sec.235-ssec.3) The Minister may as a condition of deciding to grant the GHG data acquisition authority, require the applicant to do all or any of the following within a stated reasonable period— pay the annual rent for the GHG data acquisition authority; give under section 271 , security for the GHG data acquisition authority.\n(sec.235-ssec.4) If the applicant does not comply with the requirement, the application may be refused.\n- (a) pay the annual rent for the GHG data acquisition authority;\n- (b) give under section 271 , security for the GHG data acquisition authority.","sortOrder":306},{"sectionNumber":"sec.236","sectionType":"section","heading":"Provisions of authority","content":"### sec.236 Provisions of authority\n\nA GHG data acquisition authority must state its term and area.\nThe term must end no later than 1 year after the authority takes effect.\nThe GHG data acquisition authority may also state—\nconditions or other provisions of the GHG data acquisition authority other than conditions or provisions that are—\ninconsistent with section 238 , 239 or 243 or any other mandatory condition for data acquisition authorities; or\nOther provisions of this chapter also impose mandatory conditions on data acquisition authorities. See, in particular, part 12 .\ninconsistent with a condition of the relevant GHG tenure; or\nthe same as or substantially the same as or inconsistent with any relevant environmental condition; and\nthe day it takes effect.\nHowever, the provisions of the GHG data acquisition authority may exclude or restrict the carrying out of data acquisition activities.\n(sec.236-ssec.1) A GHG data acquisition authority must state its term and area.\n(sec.236-ssec.2) The term must end no later than 1 year after the authority takes effect.\n(sec.236-ssec.3) The GHG data acquisition authority may also state— conditions or other provisions of the GHG data acquisition authority other than conditions or provisions that are— inconsistent with section 238 , 239 or 243 or any other mandatory condition for data acquisition authorities; or Other provisions of this chapter also impose mandatory conditions on data acquisition authorities. See, in particular, part 12 . inconsistent with a condition of the relevant GHG tenure; or the same as or substantially the same as or inconsistent with any relevant environmental condition; and the day it takes effect.\n(sec.236-ssec.4) However, the provisions of the GHG data acquisition authority may exclude or restrict the carrying out of data acquisition activities.\n- (a) conditions or other provisions of the GHG data acquisition authority other than conditions or provisions that are— (i) inconsistent with section 238 , 239 or 243 or any other mandatory condition for data acquisition authorities; or Note— Other provisions of this chapter also impose mandatory conditions on data acquisition authorities. See, in particular, part 12 . (ii) inconsistent with a condition of the relevant GHG tenure; or (iii) the same as or substantially the same as or inconsistent with any relevant environmental condition; and\n- (i) inconsistent with section 238 , 239 or 243 or any other mandatory condition for data acquisition authorities; or Note— Other provisions of this chapter also impose mandatory conditions on data acquisition authorities. See, in particular, part 12 .\n- (ii) inconsistent with a condition of the relevant GHG tenure; or\n- (iii) the same as or substantially the same as or inconsistent with any relevant environmental condition; and\n- (b) the day it takes effect.\n- (i) inconsistent with section 238 , 239 or 243 or any other mandatory condition for data acquisition authorities; or Note— Other provisions of this chapter also impose mandatory conditions on data acquisition authorities. See, in particular, part 12 .\n- (ii) inconsistent with a condition of the relevant GHG tenure; or\n- (iii) the same as or substantially the same as or inconsistent with any relevant environmental condition; and","sortOrder":307},{"sectionNumber":"sec.237","sectionType":"section","heading":"Notice of refusal","content":"### sec.237 Notice of refusal\n\nIf the Minister decides to refuse the application, the Minister must give the applicant notice of the decision.","sortOrder":308},{"sectionNumber":"ch.5-pt.1-div.2","sectionType":"division","heading":"Provisions for GHG data acquisition authorities","content":"## Provisions for GHG data acquisition authorities","sortOrder":309},{"sectionNumber":"sec.238","sectionType":"section","heading":"Key authorised activities","content":"### sec.238 Key authorised activities\n\nA GHG data acquisition authority authorises its holder to carry out data acquisition activities in the authority’s area.\nFor other authorised activities, see part 12 and the Common Provisions Act , chapter 3 , part 2 , division 4 .\nFor general restrictions on authorised activities, their relationship with owners’ and occupiers’ rights and who may carry out authorised activities for a GHG authority holder, see part 12 , division 3 .\nThe carrying out of particular activities on particular land in the GHG data acquisition authority’s area may not be authorised following the taking of the land under a resumption law. See section 369B .\ns 238 amd 2012 No. 20 ss 40 , 125 sch 1 ; 2018 No. 24 s 20\n- 1 For other authorised activities, see part 12 and the Common Provisions Act , chapter 3 , part 2 , division 4 .\n- 2 For general restrictions on authorised activities, their relationship with owners’ and occupiers’ rights and who may carry out authorised activities for a GHG authority holder, see part 12 , division 3 .\n- 3 The carrying out of particular activities on particular land in the GHG data acquisition authority’s area may not be authorised following the taking of the land under a resumption law. See section 369B .","sortOrder":310},{"sectionNumber":"sec.239","sectionType":"section","heading":"Additional condition of relevant GHG tenure","content":"### sec.239 Additional condition of relevant GHG tenure\n\nIf a condition is imposed on a GHG data acquisition authority (the authority condition ), it is a condition of the relevant GHG tenure that the tenure holder must comply with the authority condition.","sortOrder":311},{"sectionNumber":"sec.240","sectionType":"section","heading":"Authority holder is the relevant GHG tenure holder from time to time","content":"### sec.240 Authority holder is the relevant GHG tenure holder from time to time\n\nThe holder of a GHG data acquisition authority is taken to be the person who, from time to time, holds the relevant GHG tenure.","sortOrder":312},{"sectionNumber":"sec.241","sectionType":"section","heading":"Authority ends if relevant GHG tenure ends","content":"### sec.241 Authority ends if relevant GHG tenure ends\n\nA GHG data acquisition authority ends if the relevant GHG tenure ends.\nSubsection (1) applies subject to any noncompliance action taken for the GHG data acquisition authority or the relevant GHG tenure.\n(sec.241-ssec.1) A GHG data acquisition authority ends if the relevant GHG tenure ends.\n(sec.241-ssec.2) Subsection (1) applies subject to any noncompliance action taken for the GHG data acquisition authority or the relevant GHG tenure.","sortOrder":313},{"sectionNumber":"sec.242","sectionType":"section","heading":"Relationship with subsequent GHG tenure","content":"### sec.242 Relationship with subsequent GHG tenure\n\nThis section applies if a GHG tenure is granted over land in the area of a GHG data acquisition authority.\nThe grant does not limit the GHG data acquisition authority or its term.\nHowever, an authorised activity for the GHG data acquisition authority may be carried out on the land only if—\ncarrying out the activity does not adversely affect the carrying out of an authorised activity for the GHG tenure; or\nthe agreement conditions have been complied with.\nIn this section—\nagreement conditions means that—\nthe GHG tenure holder has agreed in writing to the carrying out of the activity; and\na copy of the agreement has been given to the chief executive; and\nthe agreement is still in force.\n(sec.242-ssec.1) This section applies if a GHG tenure is granted over land in the area of a GHG data acquisition authority.\n(sec.242-ssec.2) The grant does not limit the GHG data acquisition authority or its term.\n(sec.242-ssec.3) However, an authorised activity for the GHG data acquisition authority may be carried out on the land only if— carrying out the activity does not adversely affect the carrying out of an authorised activity for the GHG tenure; or the agreement conditions have been complied with.\n(sec.242-ssec.4) In this section— agreement conditions means that— the GHG tenure holder has agreed in writing to the carrying out of the activity; and a copy of the agreement has been given to the chief executive; and the agreement is still in force.\n- (a) carrying out the activity does not adversely affect the carrying out of an authorised activity for the GHG tenure; or\n- (b) the agreement conditions have been complied with.\n- (a) the GHG tenure holder has agreed in writing to the carrying out of the activity; and\n- (b) a copy of the agreement has been given to the chief executive; and\n- (c) the agreement is still in force.","sortOrder":314},{"sectionNumber":"sec.243","sectionType":"section","heading":"Annual rent","content":"### sec.243 Annual rent\n\nA GHG data acquisition authority holder must pay the State the rent as prescribed under a regulation.\nSee also section 372 (Interest on amounts owing to the State).\nThe rent must be paid in the way, and on or before the day, prescribed under a regulation.\n(sec.243-ssec.1) A GHG data acquisition authority holder must pay the State the rent as prescribed under a regulation. See also section 372 (Interest on amounts owing to the State).\n(sec.243-ssec.2) The rent must be paid in the way, and on or before the day, prescribed under a regulation.","sortOrder":315},{"sectionNumber":"sec.244","sectionType":"section","heading":"End of authority report for GHG data acquisition authority","content":"### sec.244 End of authority report for GHG data acquisition authority\n\nThis section applies if a data acquisition authority ends.\nThe person who held the authority immediately before it ended must, within 6 months give in the required way the chief executive a report relating to the former authority about the matters mentioned in section 259 .\nMaximum penalty—150 penalty units.\nHowever, subsection (2) applies only to the extent the matters are relevant to the former authority.\n(sec.244-ssec.1) This section applies if a data acquisition authority ends.\n(sec.244-ssec.2) The person who held the authority immediately before it ended must, within 6 months give in the required way the chief executive a report relating to the former authority about the matters mentioned in section 259 . Maximum penalty—150 penalty units.\n(sec.244-ssec.3) However, subsection (2) applies only to the extent the matters are relevant to the former authority.","sortOrder":316},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"GHG storage viability assessment","content":"# GHG storage viability assessment","sortOrder":317},{"sectionNumber":"sec.245","sectionType":"section","heading":"Minister’s power to require GHG storage viability report","content":"### sec.245 Minister’s power to require GHG storage viability report\n\nThe Minister may by notice (a report requirement ) require a GHG tenure holder to give the Minister a report (a GHG storage viability report ) about all or a stated part of its area if—\nthe holder is not carrying out GHG storage exploration or GHG stream storage in the area or stated part; and\nthe Minister is of the opinion that—\nit is viable to carry out GHG stream storage in the area or stated part; or\nit may be viable to carry out GHG stream storage in the area or stated part within 10 years.\nFor the relevance of this period, see section 102 (Deciding potential storage area application).\nThe notice must state each of the following—\nthe Minister’s opinion under subsection (1) (b) (i) or (ii) ;\nthe facts and circumstances forming the basis for the opinion;\nthat the Minister requires the holder to give the Minister a GHG storage viability report about the area;\na reasonable period for giving the report.\ns 245 amd 2010 No. 31 s 408 sch 2 pt 1\n(sec.245-ssec.1) The Minister may by notice (a report requirement ) require a GHG tenure holder to give the Minister a report (a GHG storage viability report ) about all or a stated part of its area if— the holder is not carrying out GHG storage exploration or GHG stream storage in the area or stated part; and the Minister is of the opinion that— it is viable to carry out GHG stream storage in the area or stated part; or it may be viable to carry out GHG stream storage in the area or stated part within 10 years. For the relevance of this period, see section 102 (Deciding potential storage area application).\n(sec.245-ssec.2) The notice must state each of the following— the Minister’s opinion under subsection (1) (b) (i) or (ii) ; the facts and circumstances forming the basis for the opinion; that the Minister requires the holder to give the Minister a GHG storage viability report about the area; a reasonable period for giving the report.\n- (a) the holder is not carrying out GHG storage exploration or GHG stream storage in the area or stated part; and\n- (b) the Minister is of the opinion that— (i) it is viable to carry out GHG stream storage in the area or stated part; or (ii) it may be viable to carry out GHG stream storage in the area or stated part within 10 years. Note— For the relevance of this period, see section 102 (Deciding potential storage area application).\n- (i) it is viable to carry out GHG stream storage in the area or stated part; or\n- (ii) it may be viable to carry out GHG stream storage in the area or stated part within 10 years. Note— For the relevance of this period, see section 102 (Deciding potential storage area application).\n- (i) it is viable to carry out GHG stream storage in the area or stated part; or\n- (ii) it may be viable to carry out GHG stream storage in the area or stated part within 10 years. Note— For the relevance of this period, see section 102 (Deciding potential storage area application).\n- (a) the Minister’s opinion under subsection (1) (b) (i) or (ii) ;\n- (b) the facts and circumstances forming the basis for the opinion;\n- (c) that the Minister requires the holder to give the Minister a GHG storage viability report about the area;\n- (d) a reasonable period for giving the report.","sortOrder":318},{"sectionNumber":"sec.246","sectionType":"section","heading":"Required content of GHG storage viability report","content":"### sec.246 Required content of GHG storage viability report\n\nA GHG storage viability report must—\nidentify each GHG storage reservoir in the area the subject of the relevant report requirement; and\nstate whether in the opinion of the relevant GHG tenure holder, it is currently viable to carry out GHG stream storage in the area; and\nif the holder’s opinion is that it is not viable to carry out GHG stream storage in the area, state—\nwhether in the holder’s opinion, it may at any time in the future be viable to carry out GHG stream storage in the area; and\nif the opinion is that it may at some time in the future be viable to carry out GHG stream storage in the area—the holder’s assessment of when that time may be; and\ngive data, and an analysis of the data, that supports each opinion.\nThe supporting data and analysis must include—\ntechnical data relating to the geology of GHG storage reservoirs in the area; and\nmarket and financial data relevant to the opinions.\ns 246 amd 2010 No. 31 s 408 sch 2 pt 1\n(sec.246-ssec.1) A GHG storage viability report must— identify each GHG storage reservoir in the area the subject of the relevant report requirement; and state whether in the opinion of the relevant GHG tenure holder, it is currently viable to carry out GHG stream storage in the area; and if the holder’s opinion is that it is not viable to carry out GHG stream storage in the area, state— whether in the holder’s opinion, it may at any time in the future be viable to carry out GHG stream storage in the area; and if the opinion is that it may at some time in the future be viable to carry out GHG stream storage in the area—the holder’s assessment of when that time may be; and give data, and an analysis of the data, that supports each opinion.\n(sec.246-ssec.2) The supporting data and analysis must include— technical data relating to the geology of GHG storage reservoirs in the area; and market and financial data relevant to the opinions.\n- (a) identify each GHG storage reservoir in the area the subject of the relevant report requirement; and\n- (b) state whether in the opinion of the relevant GHG tenure holder, it is currently viable to carry out GHG stream storage in the area; and\n- (c) if the holder’s opinion is that it is not viable to carry out GHG stream storage in the area, state— (i) whether in the holder’s opinion, it may at any time in the future be viable to carry out GHG stream storage in the area; and (ii) if the opinion is that it may at some time in the future be viable to carry out GHG stream storage in the area—the holder’s assessment of when that time may be; and\n- (i) whether in the holder’s opinion, it may at any time in the future be viable to carry out GHG stream storage in the area; and\n- (ii) if the opinion is that it may at some time in the future be viable to carry out GHG stream storage in the area—the holder’s assessment of when that time may be; and\n- (d) give data, and an analysis of the data, that supports each opinion.\n- (i) whether in the holder’s opinion, it may at any time in the future be viable to carry out GHG stream storage in the area; and\n- (ii) if the opinion is that it may at some time in the future be viable to carry out GHG stream storage in the area—the holder’s assessment of when that time may be; and\n- (a) technical data relating to the geology of GHG storage reservoirs in the area; and\n- (b) market and financial data relevant to the opinions.","sortOrder":319},{"sectionNumber":"sec.247","sectionType":"section","heading":"Minister’s power to obtain independent viability assessment","content":"### sec.247 Minister’s power to obtain independent viability assessment\n\nThis section applies for a GHG tenure, whether or not its holder has given a GHG storage viability report about the tenure.\nThe Minister may obtain an independent assessment of the viability of carrying out GHG stream storage in all or part of the GHG tenure’s area (an independent viability assessment ).\nHowever, before seeking the assessment, the Minister must give the holder a notice stating each of the following—\nthat the Minister proposes to obtain the assessment;\nthe Minister’s reasons for seeking the assessment;\nwhether the State will under section 248 , seek to recover the costs of the assessment;\nthat the holder may within a stated reasonable period make submissions to the Minister about the proposed assessment.\nThe Minister must consider any submissions made under subsection (3) (d) .\nThe Minister must after receiving the assessment, give the holder a copy.\ns 247 amd 2010 No. 31 s 408 sch 2 pt 1\n(sec.247-ssec.1) This section applies for a GHG tenure, whether or not its holder has given a GHG storage viability report about the tenure.\n(sec.247-ssec.2) The Minister may obtain an independent assessment of the viability of carrying out GHG stream storage in all or part of the GHG tenure’s area (an independent viability assessment ).\n(sec.247-ssec.3) However, before seeking the assessment, the Minister must give the holder a notice stating each of the following— that the Minister proposes to obtain the assessment; the Minister’s reasons for seeking the assessment; whether the State will under section 248 , seek to recover the costs of the assessment; that the holder may within a stated reasonable period make submissions to the Minister about the proposed assessment.\n(sec.247-ssec.4) The Minister must consider any submissions made under subsection (3) (d) .\n(sec.247-ssec.5) The Minister must after receiving the assessment, give the holder a copy.\n- (a) that the Minister proposes to obtain the assessment;\n- (b) the Minister’s reasons for seeking the assessment;\n- (c) whether the State will under section 248 , seek to recover the costs of the assessment;\n- (d) that the holder may within a stated reasonable period make submissions to the Minister about the proposed assessment.","sortOrder":320},{"sectionNumber":"sec.248","sectionType":"section","heading":"Costs of independent viability assessment","content":"### sec.248 Costs of independent viability assessment\n\nIf—\nthe Minister has incurred costs in obtaining under section 247 , an independent viability assessment about a GHG tenure; and\nthe notice under section 247 about the assessment stated that the State will seek to recover the costs; and\nthe Minister has given the GHG tenure holder a notice requiring the holder to pay a reasonable amount for the costs;\nthe holder must pay the State a reasonable amount for the costs.\n- (a) the Minister has incurred costs in obtaining under section 247 , an independent viability assessment about a GHG tenure; and\n- (b) the notice under section 247 about the assessment stated that the State will seek to recover the costs; and\n- (c) the Minister has given the GHG tenure holder a notice requiring the holder to pay a reasonable amount for the costs;","sortOrder":321},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Ownership and decommissioning of GHG stream pipelines","content":"# Ownership and decommissioning of GHG stream pipelines","sortOrder":322},{"sectionNumber":"sec.249","sectionType":"section","heading":"Application of pt 3","content":"### sec.249 Application of pt 3\n\nThis part applies for a pipeline constructed or operated under a GHG tenure.\nSee sections 31 (Incidental activities) and 111 (GHG stream pipeline and water pipeline construction and operation).","sortOrder":323},{"sectionNumber":"sec.250","sectionType":"section","heading":"General provision about ownership while tenure is in force for pipeline","content":"### sec.250 General provision about ownership while tenure is in force for pipeline\n\nThis section applies while the land on which the pipeline is constructed is, and continues to be, in the GHG tenure’s area.\nThe pipeline is taken to be the personal property of the holder of the GHG tenure.\nThe pipeline remains the holder’s personal property despite—\nit having become part of the land; or\nthe sale or other disposal of the land.\nThe pipeline can not be—\nlevied or seized in execution; or\nsold in exercise of a power of sale or otherwise disposed of by a process under a law of a State taken against the holder or the owner of the land.\nSubsections (2) to (4) apply despite—\nan Act or law of a State; or\na contract, covenant or claim of right under a law of a State.\n(sec.250-ssec.1) This section applies while the land on which the pipeline is constructed is, and continues to be, in the GHG tenure’s area.\n(sec.250-ssec.2) The pipeline is taken to be the personal property of the holder of the GHG tenure.\n(sec.250-ssec.3) The pipeline remains the holder’s personal property despite— it having become part of the land; or the sale or other disposal of the land.\n(sec.250-ssec.4) The pipeline can not be— levied or seized in execution; or sold in exercise of a power of sale or otherwise disposed of by a process under a law of a State taken against the holder or the owner of the land.\n(sec.250-ssec.5) Subsections (2) to (4) apply despite— an Act or law of a State; or a contract, covenant or claim of right under a law of a State.\n- (a) it having become part of the land; or\n- (b) the sale or other disposal of the land.\n- (a) levied or seized in execution; or\n- (b) sold in exercise of a power of sale or otherwise disposed of by a process under a law of a State taken against the holder or the owner of the land.\n- (a) an Act or law of a State; or\n- (b) a contract, covenant or claim of right under a law of a State.","sortOrder":324},{"sectionNumber":"sec.251","sectionType":"section","heading":"Ownership afterwards","content":"### sec.251 Ownership afterwards\n\nThis section applies if the GHG tenure (the original tenure ) ends or the land on which the pipeline is constructed ceases to be in the original tenure’s area.\nSection 250 applies and continues to apply for the pipeline and for any subsequent GHG tenure to the original tenure or pipeline licence for the pipeline.\nHowever, the application of section 250 is subject to—\nsection 356 ; and\nany condition of the former tenure.\nAlso, if the pipeline is decommissioned under section 252 the following person may dispose of it to anyone else—\nif no subsequent GHG tenure was granted for the land—the holder or former holder of the original tenure;\nif a subsequent GHG tenure was granted for the land—the holder or former holder of that tenure.\n(sec.251-ssec.1) This section applies if the GHG tenure (the original tenure ) ends or the land on which the pipeline is constructed ceases to be in the original tenure’s area.\n(sec.251-ssec.2) Section 250 applies and continues to apply for the pipeline and for any subsequent GHG tenure to the original tenure or pipeline licence for the pipeline.\n(sec.251-ssec.3) However, the application of section 250 is subject to— section 356 ; and any condition of the former tenure.\n(sec.251-ssec.4) Also, if the pipeline is decommissioned under section 252 the following person may dispose of it to anyone else— if no subsequent GHG tenure was granted for the land—the holder or former holder of the original tenure; if a subsequent GHG tenure was granted for the land—the holder or former holder of that tenure.\n- (a) section 356 ; and\n- (b) any condition of the former tenure.\n- (a) if no subsequent GHG tenure was granted for the land—the holder or former holder of the original tenure;\n- (b) if a subsequent GHG tenure was granted for the land—the holder or former holder of that tenure.","sortOrder":325},{"sectionNumber":"sec.252","sectionType":"section","heading":"Obligation to decommission pipelines on cessation or reduction of tenure","content":"### sec.252 Obligation to decommission pipelines on cessation or reduction of tenure\n\nThe holder of a GHG tenure must before the decommissioning day, decommission in the way prescribed under a regulation any pipeline in the tenure’s area.\nHowever, subsection (1) —\ndoes not apply if the pipeline was constructed or operated under another GHG tenure or a petroleum authority; and\nceases to apply if the operation of the pipeline becomes an authorised activity for another GHG tenure or a petroleum authority.\nAlso, subsection (1) does not apply for a pipeline if—\nthe pipeline was constructed or operated under a pipeline licence; and\nthe licence is under the P&G Act , surrendered or otherwise ends for the purpose of the pipelines the subject of the licence becoming the subject of another pipeline licence.\nIn this section—\ndecommissioning day means the latest of the following days—\nthe earlier of the following—\nthe day the GHG tenure ends;\nthe day the land ceases to be in the GHG tenure’s area;\nif before the day provided for under paragraph (a) , the Minister fixes a day—that day;\nif before a day fixed under paragraph (b) , the Minister fixes a later day—that day.\n(sec.252-ssec.1) The holder of a GHG tenure must before the decommissioning day, decommission in the way prescribed under a regulation any pipeline in the tenure’s area.\n(sec.252-ssec.2) However, subsection (1) — does not apply if the pipeline was constructed or operated under another GHG tenure or a petroleum authority; and ceases to apply if the operation of the pipeline becomes an authorised activity for another GHG tenure or a petroleum authority.\n(sec.252-ssec.3) Also, subsection (1) does not apply for a pipeline if— the pipeline was constructed or operated under a pipeline licence; and the licence is under the P&G Act , surrendered or otherwise ends for the purpose of the pipelines the subject of the licence becoming the subject of another pipeline licence.\n(sec.252-ssec.4) In this section— decommissioning day means the latest of the following days— the earlier of the following— the day the GHG tenure ends; the day the land ceases to be in the GHG tenure’s area; if before the day provided for under paragraph (a) , the Minister fixes a day—that day; if before a day fixed under paragraph (b) , the Minister fixes a later day—that day.\n- (a) does not apply if the pipeline was constructed or operated under another GHG tenure or a petroleum authority; and\n- (b) ceases to apply if the operation of the pipeline becomes an authorised activity for another GHG tenure or a petroleum authority.\n- (a) the pipeline was constructed or operated under a pipeline licence; and\n- (b) the licence is under the P&G Act , surrendered or otherwise ends for the purpose of the pipelines the subject of the licence becoming the subject of another pipeline licence.\n- (a) the earlier of the following— (i) the day the GHG tenure ends; (ii) the day the land ceases to be in the GHG tenure’s area;\n- (i) the day the GHG tenure ends;\n- (ii) the day the land ceases to be in the GHG tenure’s area;\n- (b) if before the day provided for under paragraph (a) , the Minister fixes a day—that day;\n- (c) if before a day fixed under paragraph (b) , the Minister fixes a later day—that day.\n- (i) the day the GHG tenure ends;\n- (ii) the day the land ceases to be in the GHG tenure’s area;","sortOrder":326},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Reporting and information provisions","content":"# Reporting and information provisions","sortOrder":327},{"sectionNumber":"ch.5-pt.4-div.1","sectionType":"division","heading":"General reporting provisions","content":"## General reporting provisions","sortOrder":328},{"sectionNumber":"sec.253","sectionType":"section","heading":"Requirement of GHG tenure holder to report outcome of GHG storage injection testing","content":"### sec.253 Requirement of GHG tenure holder to report outcome of GHG storage injection testing\n\nThis section applies if a GHG tenure holder carries out GHG storage injection testing.\nThe holder must within 40 business days after the testing ends give the chief executive a report stating the outcome of the testing.\nThe report must also state how much water was taken during the testing.\n(sec.253-ssec.1) This section applies if a GHG tenure holder carries out GHG storage injection testing.\n(sec.253-ssec.2) The holder must within 40 business days after the testing ends give the chief executive a report stating the outcome of the testing.\n(sec.253-ssec.3) The report must also state how much water was taken during the testing.","sortOrder":329},{"sectionNumber":"sec.254","sectionType":"section","heading":"Monitoring reports by GHG lease holder","content":"### sec.254 Monitoring reports by GHG lease holder\n\nThis section applies to the holder of a GHG lease.\nThe holder must within 2 months after each of its anniversary days give each relevant chief executive a monitoring report for the 12 months that ended on the last anniversary day.\nMaximum penalty—150 penalty units.\nAny relevant chief executive may by notice require the holder to within 30 business days give each relevant chief executive a monitoring report for the period since—\nthe holder last gave a monitoring report under subsection (2) ; or\nif a monitoring report has not yet been required to be given under subsection (2) —the granting of the GHG lease.\nThe holder must comply with a notice given under subsection (3) .\nMaximum penalty—150 penalty units.\nIn this section—\nanniversary day , for a GHG lease, means each day that is the anniversary of the day on which it took effect.\nmonitoring report means a report about the expected migration pathway or pathways of GHG streams during and after injection into GHG storage reservoirs under the GHG lease.\nrelevant chief executive means—\nthe chief executive of the department in which this Act is administered; or\nthe chief executive of the department in which the Environmental Protection Act is administered; or\nthe chief executive of the department in which the Water Act is administered.\n(sec.254-ssec.1) This section applies to the holder of a GHG lease.\n(sec.254-ssec.2) The holder must within 2 months after each of its anniversary days give each relevant chief executive a monitoring report for the 12 months that ended on the last anniversary day. Maximum penalty—150 penalty units.\n(sec.254-ssec.3) Any relevant chief executive may by notice require the holder to within 30 business days give each relevant chief executive a monitoring report for the period since— the holder last gave a monitoring report under subsection (2) ; or if a monitoring report has not yet been required to be given under subsection (2) —the granting of the GHG lease.\n(sec.254-ssec.4) The holder must comply with a notice given under subsection (3) . Maximum penalty—150 penalty units.\n(sec.254-ssec.5) In this section— anniversary day , for a GHG lease, means each day that is the anniversary of the day on which it took effect. monitoring report means a report about the expected migration pathway or pathways of GHG streams during and after injection into GHG storage reservoirs under the GHG lease. relevant chief executive means— the chief executive of the department in which this Act is administered; or the chief executive of the department in which the Environmental Protection Act is administered; or the chief executive of the department in which the Water Act is administered.\n- (a) the holder last gave a monitoring report under subsection (2) ; or\n- (b) if a monitoring report has not yet been required to be given under subsection (2) —the granting of the GHG lease.\n- (a) the chief executive of the department in which this Act is administered; or\n- (b) the chief executive of the department in which the Environmental Protection Act is administered; or\n- (c) the chief executive of the department in which the Water Act is administered.","sortOrder":330},{"sectionNumber":"sec.255","sectionType":"section","heading":"Relinquishment report by GHG permit holder","content":"### sec.255 Relinquishment report by GHG permit holder\n\nIf part of the area of a GHG permit is relinquished as required or authorised under this Act, its holder must within 6 months give the chief executive a report that—\ndescribes—\nthe authorised activities for the GHG permit carried out in the part; and\nthe results of the activities; and\nincludes other information prescribed under a regulation.\nMaximum penalty—200 penalty units.\nThe report must—\nbe—\ngiven electronically using the system for submission of reports made or approved by the chief executive; and\nin the digital format made or approved by the chief executive; or\nif a way of giving the report is prescribed under a regulation—be given in that way.\nThe chief executive must ensure the system and a document detailing the digital format made or approved by the chief executive are available for inspection on the department’s website.\nThe requirements under subsection (2) are the required way for giving the chief executive reports.\ns 255 amd 2012 No. 20 s 145\n(sec.255-ssec.1) If part of the area of a GHG permit is relinquished as required or authorised under this Act, its holder must within 6 months give the chief executive a report that— describes— the authorised activities for the GHG permit carried out in the part; and the results of the activities; and includes other information prescribed under a regulation. Maximum penalty—200 penalty units.\n(sec.255-ssec.2) The report must— be— given electronically using the system for submission of reports made or approved by the chief executive; and in the digital format made or approved by the chief executive; or if a way of giving the report is prescribed under a regulation—be given in that way.\n(sec.255-ssec.3) The chief executive must ensure the system and a document detailing the digital format made or approved by the chief executive are available for inspection on the department’s website.\n(sec.255-ssec.4) The requirements under subsection (2) are the required way for giving the chief executive reports.\n- (a) describes— (i) the authorised activities for the GHG permit carried out in the part; and (ii) the results of the activities; and\n- (i) the authorised activities for the GHG permit carried out in the part; and\n- (ii) the results of the activities; and\n- (b) includes other information prescribed under a regulation.\n- (i) the authorised activities for the GHG permit carried out in the part; and\n- (ii) the results of the activities; and\n- (a) be— (i) given electronically using the system for submission of reports made or approved by the chief executive; and (ii) in the digital format made or approved by the chief executive; or\n- (i) given electronically using the system for submission of reports made or approved by the chief executive; and\n- (ii) in the digital format made or approved by the chief executive; or\n- (b) if a way of giving the report is prescribed under a regulation—be given in that way.\n- (i) given electronically using the system for submission of reports made or approved by the chief executive; and\n- (ii) in the digital format made or approved by the chief executive; or","sortOrder":331},{"sectionNumber":"sec.256","sectionType":"section","heading":"End of tenure report","content":"### sec.256 End of tenure report\n\nIf a GHG tenure ends, the person who held the tenure immediately before it ended must, within 6 months, give the chief executive a report in the required way that—\nincludes all of the following—\na summary of all authorised activities for the GHG tenure carried out for the tenure since it took effect;\na summary of the results of the activities;\nan index of all reports given as required under this Act, for the activities;\na summary of all significant hazards created to future safe and efficient mining that under the P&G Act safety provisions, are required to be reported by the person;\nfor each hazard mentioned in the summary under subparagraph (iv) —a reference to the report that contains details of the hazard;\ninformation about the amount and location of GHG stream storage done in, and water produced from, the GHG tenure’s area;\nany information related to information mentioned in subparagraph (vi) that may help the understanding of the size or amount and location of any GHG stream storage sites in, or water that may be produced from, the area;\nany information required to be reported under this Act that has not been previously reported; and\nstates any other information prescribed under a regulation.\nMaximum penalty—150 penalty units.\n- (a) includes all of the following— (i) a summary of all authorised activities for the GHG tenure carried out for the tenure since it took effect; (ii) a summary of the results of the activities; (iii) an index of all reports given as required under this Act, for the activities; (iv) a summary of all significant hazards created to future safe and efficient mining that under the P&G Act safety provisions, are required to be reported by the person; (v) for each hazard mentioned in the summary under subparagraph (iv) —a reference to the report that contains details of the hazard; (vi) information about the amount and location of GHG stream storage done in, and water produced from, the GHG tenure’s area; (vii) any information related to information mentioned in subparagraph (vi) that may help the understanding of the size or amount and location of any GHG stream storage sites in, or water that may be produced from, the area; (viii) any information required to be reported under this Act that has not been previously reported; and\n- (i) a summary of all authorised activities for the GHG tenure carried out for the tenure since it took effect;\n- (ii) a summary of the results of the activities;\n- (iii) an index of all reports given as required under this Act, for the activities;\n- (iv) a summary of all significant hazards created to future safe and efficient mining that under the P&G Act safety provisions, are required to be reported by the person;\n- (v) for each hazard mentioned in the summary under subparagraph (iv) —a reference to the report that contains details of the hazard;\n- (vi) information about the amount and location of GHG stream storage done in, and water produced from, the GHG tenure’s area;\n- (vii) any information related to information mentioned in subparagraph (vi) that may help the understanding of the size or amount and location of any GHG stream storage sites in, or water that may be produced from, the area;\n- (viii) any information required to be reported under this Act that has not been previously reported; and\n- (b) states any other information prescribed under a regulation.\n- (i) a summary of all authorised activities for the GHG tenure carried out for the tenure since it took effect;\n- (ii) a summary of the results of the activities;\n- (iii) an index of all reports given as required under this Act, for the activities;\n- (iv) a summary of all significant hazards created to future safe and efficient mining that under the P&G Act safety provisions, are required to be reported by the person;\n- (v) for each hazard mentioned in the summary under subparagraph (iv) —a reference to the report that contains details of the hazard;\n- (vi) information about the amount and location of GHG stream storage done in, and water produced from, the GHG tenure’s area;\n- (vii) any information related to information mentioned in subparagraph (vi) that may help the understanding of the size or amount and location of any GHG stream storage sites in, or water that may be produced from, the area;\n- (viii) any information required to be reported under this Act that has not been previously reported; and","sortOrder":332},{"sectionNumber":"sec.257","sectionType":"section","heading":"Power to require information or reports about authorised activities to be kept or given","content":"### sec.257 Power to require information or reports about authorised activities to be kept or given\n\nA regulation or the chief executive may for the services of the State require a GHG authority holder to—\nkeep in a stated way stated information or types of information about authorised activities carried out under the GHG authority; or\nin a stated digital format\ngive the chief executive a notice in the approved form giving stated information or types of information or stated reports at stated times or intervals about authorised activities carried out under the GHG authority.\nfor a report about a GHG well, 6 months after its completion\nFor subsection (1) , the information or report required to be given or kept may be—\nexploration data; or\nopinions, conclusions, technical consolidations and advanced interpretations based on exploration data; or\nother information or a report prescribed by regulation.\nA requirement under subsection (1) (b) may state—\na format required for giving the information; and\na degree of precision required for the giving of the information.\nA person of whom a requirement under subsection (1) has been made must comply with the requirement.\nMaximum penalty—100 penalty units.\nIn this section—\ninformation includes documents, records and samples.\ns 257 amd 2010 No. 31 s 509 ; 2024 No. 33 s 36\n(sec.257-ssec.1) A regulation or the chief executive may for the services of the State require a GHG authority holder to— keep in a stated way stated information or types of information about authorised activities carried out under the GHG authority; or in a stated digital format give the chief executive a notice in the approved form giving stated information or types of information or stated reports at stated times or intervals about authorised activities carried out under the GHG authority. for a report about a GHG well, 6 months after its completion\n(sec.257-ssec.2) For subsection (1) , the information or report required to be given or kept may be— exploration data; or opinions, conclusions, technical consolidations and advanced interpretations based on exploration data; or other information or a report prescribed by regulation.\n(sec.257-ssec.3) A requirement under subsection (1) (b) may state— a format required for giving the information; and a degree of precision required for the giving of the information.\n(sec.257-ssec.4) A person of whom a requirement under subsection (1) has been made must comply with the requirement. Maximum penalty—100 penalty units.\n(sec.257-ssec.5) In this section— information includes documents, records and samples.\n- (a) keep in a stated way stated information or types of information about authorised activities carried out under the GHG authority; or Example of a way of keeping information— in a stated digital format\n- (b) give the chief executive a notice in the approved form giving stated information or types of information or stated reports at stated times or intervals about authorised activities carried out under the GHG authority. Example of a stated time— for a report about a GHG well, 6 months after its completion\n- (a) exploration data; or\n- (b) opinions, conclusions, technical consolidations and advanced interpretations based on exploration data; or\n- (c) other information or a report prescribed by regulation.\n- (a) a format required for giving the information; and\n- (b) a degree of precision required for the giving of the information.","sortOrder":333},{"sectionNumber":"ch.5-pt.4-div.2","sectionType":"division","heading":"Records and samples","content":"## Records and samples","sortOrder":334},{"sectionNumber":"sec.258","sectionType":"section","heading":"Requirement to keep records and samples","content":"### sec.258 Requirement to keep records and samples\n\nA GHG tenure holder must for the period and in the way prescribed under a regulation keep the records and samples about authorised activities carried out under the tenure as prescribed under a regulation.\nMaximum penalty—500 penalty units.\nFor subsection (1) , the prescribed records may be—\nexploration data; or\nopinions, conclusions, technical consolidations and advanced interpretations based on exploration data.\n(sec.258-ssec.1) A GHG tenure holder must for the period and in the way prescribed under a regulation keep the records and samples about authorised activities carried out under the tenure as prescribed under a regulation. Maximum penalty—500 penalty units.\n(sec.258-ssec.2) For subsection (1) , the prescribed records may be— exploration data; or opinions, conclusions, technical consolidations and advanced interpretations based on exploration data.\n- (a) exploration data; or\n- (b) opinions, conclusions, technical consolidations and advanced interpretations based on exploration data.","sortOrder":335},{"sectionNumber":"sec.259","sectionType":"section","heading":"Requirement to give records and samples","content":"### sec.259 Requirement to give records and samples\n\nA person who under section 258 , is required to keep a record or sample must for the services of the State give a copy of the record and a part of the sample to the chief executive within 6 months after the earlier of the following (the required time )—\nthe day the record or sample was acquired or made;\nthe day the relevant GHG tenure ends.\nMaximum penalty—500 penalty units.\nThe copy of the record must be given in the required way for giving reports to the chief executive.\nIf the chief executive gives the person a notice asking the person for more of the sample, the person must give it to the chief executive at the address stated in the notice within the reasonable time stated in the notice (also the required time ) unless the holder has a reasonable excuse.\nMaximum penalty—500 penalty units.\nThe chief executive may extend the required time by up to 1 year if—\nthe person asks for the extension before the required time ends; and\nthe chief executive is satisfied the extension is necessary.\nHowever, the extension must not end later than—\nfor subsection (1) —6 months after the required time ends; or\nfor subsection (3) —1 year after the required time ends.\nWithout limiting subsection (1) , the uses to which the State may put the copy of the record and the part of the sample may include—\nthe building of a publicly available database to facilitate petroleum exploration for the services of the State; and\nGHG exploration.\n(sec.259-ssec.1) A person who under section 258 , is required to keep a record or sample must for the services of the State give a copy of the record and a part of the sample to the chief executive within 6 months after the earlier of the following (the required time )— the day the record or sample was acquired or made; the day the relevant GHG tenure ends. Maximum penalty—500 penalty units.\n(sec.259-ssec.2) The copy of the record must be given in the required way for giving reports to the chief executive.\n(sec.259-ssec.3) If the chief executive gives the person a notice asking the person for more of the sample, the person must give it to the chief executive at the address stated in the notice within the reasonable time stated in the notice (also the required time ) unless the holder has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.259-ssec.4) The chief executive may extend the required time by up to 1 year if— the person asks for the extension before the required time ends; and the chief executive is satisfied the extension is necessary.\n(sec.259-ssec.5) However, the extension must not end later than— for subsection (1) —6 months after the required time ends; or for subsection (3) —1 year after the required time ends.\n(sec.259-ssec.6) Without limiting subsection (1) , the uses to which the State may put the copy of the record and the part of the sample may include— the building of a publicly available database to facilitate petroleum exploration for the services of the State; and GHG exploration.\n- (a) the day the record or sample was acquired or made;\n- (b) the day the relevant GHG tenure ends.\n- (a) the person asks for the extension before the required time ends; and\n- (b) the chief executive is satisfied the extension is necessary.\n- (a) for subsection (1) —6 months after the required time ends; or\n- (b) for subsection (3) —1 year after the required time ends.\n- (a) the building of a publicly available database to facilitate petroleum exploration for the services of the State; and\n- (b) GHG exploration.","sortOrder":336},{"sectionNumber":"ch.5-pt.4-div.3","sectionType":"division","heading":"Releasing required information","content":"## Releasing required information","sortOrder":337},{"sectionNumber":"sec.260","sectionType":"section","heading":"Meaning of required information","content":"### sec.260 Meaning of required information\n\nThe required information , for a GHG authority, is information (in any form) about authorised activities carried out under the authority that the authority holder has given under this Act, including for example—\na sample; and\ndata and other things mentioned in section 257 (2) .\ns 260 amd 2024 No. 33 s 183 s ch 1 pt 2\n- (a) a sample; and\n- (b) data and other things mentioned in section 257 (2) .","sortOrder":338},{"sectionNumber":"sec.261","sectionType":"section","heading":"Public release of required information","content":"### sec.261 Public release of required information\n\nThe mere fact of the existence of a GHG authority is taken to be an authorisation from the holder of the authority to the chief executive to do the following in relation to required information for the authority—\nto publish, in the way prescribed by regulation, the information for public use;\nto make the information available to a person on payment of the fee prescribed by regulation.\nSubsections (3) to (6) apply if a confidentiality period is prescribed by regulation for the required information.\nSubsection (1) does not apply in relation to the required information until the confidentiality period ends.\nSubsection (5) applies if—\nthe required information is about an authorised activity carried out only in an area that stops being in the area of the GHG authority; and\nimmediately before the area stops being in the area of the GHG authority, the confidentiality period has not ended.\nThe confidentiality period ends when the area stops being in the area of the GHG authority.\nThe required information is a well completion report about a well drilled on particular land in the area of a GHG permit. The land has been relinquished under the relinquishment condition for the permit. A confidentiality period for the required information ends when the land is relinquished.\nHowever, subsection (5) does not apply if—\nthe GHG authority is a GHG permit; and\nafter the commencement of this subsection, the area stops being in the permit’s area under section 48 (1) or (2) .\nAn authorisation under subsection (1) is not affected by the ending of the GHG authority.\ns 261 sub 2024 No. 33 s 37\n(sec.261-ssec.1) The mere fact of the existence of a GHG authority is taken to be an authorisation from the holder of the authority to the chief executive to do the following in relation to required information for the authority— to publish, in the way prescribed by regulation, the information for public use; to make the information available to a person on payment of the fee prescribed by regulation.\n(sec.261-ssec.2) Subsections (3) to (6) apply if a confidentiality period is prescribed by regulation for the required information.\n(sec.261-ssec.3) Subsection (1) does not apply in relation to the required information until the confidentiality period ends.\n(sec.261-ssec.4) Subsection (5) applies if— the required information is about an authorised activity carried out only in an area that stops being in the area of the GHG authority; and immediately before the area stops being in the area of the GHG authority, the confidentiality period has not ended.\n(sec.261-ssec.5) The confidentiality period ends when the area stops being in the area of the GHG authority. The required information is a well completion report about a well drilled on particular land in the area of a GHG permit. The land has been relinquished under the relinquishment condition for the permit. A confidentiality period for the required information ends when the land is relinquished.\n(sec.261-ssec.6) However, subsection (5) does not apply if— the GHG authority is a GHG permit; and after the commencement of this subsection, the area stops being in the permit’s area under section 48 (1) or (2) .\n(sec.261-ssec.7) An authorisation under subsection (1) is not affected by the ending of the GHG authority.\n- (a) to publish, in the way prescribed by regulation, the information for public use;\n- (b) to make the information available to a person on payment of the fee prescribed by regulation.\n- (a) the required information is about an authorised activity carried out only in an area that stops being in the area of the GHG authority; and\n- (b) immediately before the area stops being in the area of the GHG authority, the confidentiality period has not ended.\n- (a) the GHG authority is a GHG permit; and\n- (b) after the commencement of this subsection, the area stops being in the permit’s area under section 48 (1) or (2) .","sortOrder":339},{"sectionNumber":"sec.262","sectionType":"section","heading":"Chief executive may use required information","content":"### sec.262 Chief executive may use required information\n\nThe mere fact of the existence of a GHG authority is taken to be an authorisation from its holder to the chief executive to use required information for—\npurposes reasonably related to this Act that are required for the GHG authority; or\nthe services of the State.\nThe authorisation is not affected by the ending of the GHG authority.\n(sec.262-ssec.1) The mere fact of the existence of a GHG authority is taken to be an authorisation from its holder to the chief executive to use required information for— purposes reasonably related to this Act that are required for the GHG authority; or the services of the State.\n(sec.262-ssec.2) The authorisation is not affected by the ending of the GHG authority.\n- (a) purposes reasonably related to this Act that are required for the GHG authority; or\n- (b) the services of the State.","sortOrder":340},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"General provisions for wells","content":"# General provisions for wells","sortOrder":341},{"sectionNumber":"ch.5-pt.5-div.1","sectionType":"division","heading":"Responsibility for wells","content":"## Responsibility for wells","sortOrder":342},{"sectionNumber":"sec.263","sectionType":"section","heading":"Former petroleum wells assumed by GHG tenure holder","content":"### sec.263 Former petroleum wells assumed by GHG tenure holder\n\nIf, under the 1923 Act , section 75U or the P&G Act , section 292 , a GHG tenure holder assumes responsibility for a well, this Act applies to the holder in relation to the well as if it were a GHG well.\ns 263 amd 2010 No. 31 s 510","sortOrder":343},{"sectionNumber":"sec.264","sectionType":"section","heading":"Requirements for drilling GHG well","content":"### sec.264 Requirements for drilling GHG well\n\nA person drilling a GHG well must comply with—\nany requirements prescribed under a regulation for the drilling of the GHG well; and\nany relevant requirements about construction and drilling standards for water bore drilling activities under the Water Act .\nMaximum penalty—500 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 393A , to have also committed the offence.\ns 264 amd 2013 No. 51 s 229 sch 1\n- (a) any requirements prescribed under a regulation for the drilling of the GHG well; and\n- (b) any relevant requirements about construction and drilling standards for water bore drilling activities under the Water Act .","sortOrder":344},{"sectionNumber":"ch.5-pt.5-div.2","sectionType":"division","heading":"Decommissioning of wells","content":"## Decommissioning of wells","sortOrder":345},{"sectionNumber":"sec.265","sectionType":"section","heading":"Application of div 2","content":"### sec.265 Application of div 2\n\nThis division applies to the following wells in the area of a GHG tenure—\na GHG well drilled by or for the GHG tenure holder;\na well that is or has been a petroleum well for which the holder has, under the 1923 Act , section 75U or the P&G Act , section 292 , assumed responsibility.\ns 265 amd 2010 No. 31 s 511\n- (a) a GHG well drilled by or for the GHG tenure holder;\n- (b) a well that is or has been a petroleum well for which the holder has, under the 1923 Act , section 75U or the P&G Act , section 292 , assumed responsibility.","sortOrder":346},{"sectionNumber":"sec.266","sectionType":"section","heading":"Restriction on decommissioning well","content":"### sec.266 Restriction on decommissioning well\n\nIt is a condition of the GHG tenure that the GHG tenure holder may decommission the well only if the GHG storage reservoir to which the well relates has no available storage capacity for any further injection for GHG storage.","sortOrder":347},{"sectionNumber":"sec.267","sectionType":"section","heading":"Obligation to decommission","content":"### sec.267 Obligation to decommission\n\nSubject to section 266 , the GHG tenure holder must ensure the well is decommissioned from use under this Act before—\nfor a GHG lease—the GHG storage reservoir to which the well relates has no available storage capacity for any further injection for GHG storage; or\nfor a GHG permit—the permit ends or the land on which the well is located ceases to be in the permit’s area.\nMaximum penalty—500 penalty units.\nHowever, subsection (1) does not apply for land that, under section 48 (1) , ceases to be in the area of a GHG permit.\nFor subsection (1) , the well is decommissioned from use under this Act only if—\nit has been plugged and abandoned in the way prescribed under a regulation; and\nany relevant requirements under the Water Act for the decommissioning of water bores have been complied with; and\nthe GHG tenure holder has given the Water Act Minister a notice in the approved form about the decommissioning.\ns 267 amd 2010 No. 31 s 408 sch 2 pt 1\n(sec.267-ssec.1) Subject to section 266 , the GHG tenure holder must ensure the well is decommissioned from use under this Act before— for a GHG lease—the GHG storage reservoir to which the well relates has no available storage capacity for any further injection for GHG storage; or for a GHG permit—the permit ends or the land on which the well is located ceases to be in the permit’s area. Maximum penalty—500 penalty units.\n(sec.267-ssec.2) However, subsection (1) does not apply for land that, under section 48 (1) , ceases to be in the area of a GHG permit.\n(sec.267-ssec.3) For subsection (1) , the well is decommissioned from use under this Act only if— it has been plugged and abandoned in the way prescribed under a regulation; and any relevant requirements under the Water Act for the decommissioning of water bores have been complied with; and the GHG tenure holder has given the Water Act Minister a notice in the approved form about the decommissioning.\n- (a) for a GHG lease—the GHG storage reservoir to which the well relates has no available storage capacity for any further injection for GHG storage; or\n- (b) for a GHG permit—the permit ends or the land on which the well is located ceases to be in the permit’s area.\n- (a) it has been plugged and abandoned in the way prescribed under a regulation; and\n- (b) any relevant requirements under the Water Act for the decommissioning of water bores have been complied with; and\n- (c) the GHG tenure holder has given the Water Act Minister a notice in the approved form about the decommissioning.","sortOrder":348},{"sectionNumber":"sec.268","sectionType":"section","heading":"Right of entry to facilitate decommissioning for GHG permit","content":"### sec.268 Right of entry to facilitate decommissioning for GHG permit\n\nThis section applies if—\nthe GHG tenure is a GHG permit; and\nthe GHG permit has ended or the land on which the well is located is no longer in the GHG tenure’s area; and\nthe GHG permit holder or former holder has not carried out decommissioning as required under section 267 .\nThe holder or former holder may enter the following land to carry out the decommissioning—\nland (the primary land ) on which the decommissioning must be or was required to be carried out;\nany other land (the access land ) it is reasonably necessary to cross for access to the primary land.\nThe Common Provisions Act , chapter 3 , parts 2 and 3 and part 7 (other than division 3 ) applies to the holder or former holder in the following way—\nif the GHG permit has ended, as if—\nit were still in force; and\nthe former holder were still its holder;\nas if the primary land and access land is in the GHG permit’s area;\nas if the decommissioning is an authorised activity for the GHG tenure.\ns 268 amd 2010 No. 31 s 437 sch 2 pt 2 ; 2018 No. 24 s 21\n(sec.268-ssec.1) This section applies if— the GHG tenure is a GHG permit; and the GHG permit has ended or the land on which the well is located is no longer in the GHG tenure’s area; and the GHG permit holder or former holder has not carried out decommissioning as required under section 267 .\n(sec.268-ssec.2) The holder or former holder may enter the following land to carry out the decommissioning— land (the primary land ) on which the decommissioning must be or was required to be carried out; any other land (the access land ) it is reasonably necessary to cross for access to the primary land.\n(sec.268-ssec.3) The Common Provisions Act , chapter 3 , parts 2 and 3 and part 7 (other than division 3 ) applies to the holder or former holder in the following way— if the GHG permit has ended, as if— it were still in force; and the former holder were still its holder; as if the primary land and access land is in the GHG permit’s area; as if the decommissioning is an authorised activity for the GHG tenure.\n- (a) the GHG tenure is a GHG permit; and\n- (b) the GHG permit has ended or the land on which the well is located is no longer in the GHG tenure’s area; and\n- (c) the GHG permit holder or former holder has not carried out decommissioning as required under section 267 .\n- (a) land (the primary land ) on which the decommissioning must be or was required to be carried out;\n- (b) any other land (the access land ) it is reasonably necessary to cross for access to the primary land.\n- (a) if the GHG permit has ended, as if— (i) it were still in force; and (ii) the former holder were still its holder;\n- (i) it were still in force; and\n- (ii) the former holder were still its holder;\n- (b) as if the primary land and access land is in the GHG permit’s area;\n- (c) as if the decommissioning is an authorised activity for the GHG tenure.\n- (i) it were still in force; and\n- (ii) the former holder were still its holder;","sortOrder":349},{"sectionNumber":"sec.269","sectionType":"section","heading":"Responsibility for well after decommissioning","content":"### sec.269 Responsibility for well after decommissioning\n\nThis section applies if the GHG tenure holder has decommissioned a well under section 267 .\nFor ownership before decommissioning, see section 327 (Ownership of equipment and improvements).\nDespite the decommissioning, the holder continues to be responsible under this Act for the well until the earlier of the following times (the relevant time )—\nwhen the GHG tenure ends;\nwhen the land on which the well is located ceased to be in the GHG tenure’s area.\nAt the relevant time the well is taken to have been transferred to the State.\nSubsection (3) applies despite—\nthe well being on or part of land owned by someone else; or\nthe sale or other disposal of the land.\n(sec.269-ssec.1) This section applies if the GHG tenure holder has decommissioned a well under section 267 . For ownership before decommissioning, see section 327 (Ownership of equipment and improvements).\n(sec.269-ssec.2) Despite the decommissioning, the holder continues to be responsible under this Act for the well until the earlier of the following times (the relevant time )— when the GHG tenure ends; when the land on which the well is located ceased to be in the GHG tenure’s area.\n(sec.269-ssec.3) At the relevant time the well is taken to have been transferred to the State.\n(sec.269-ssec.4) Subsection (3) applies despite— the well being on or part of land owned by someone else; or the sale or other disposal of the land.\n- (a) when the GHG tenure ends;\n- (b) when the land on which the well is located ceased to be in the GHG tenure’s area.\n- (a) the well being on or part of land owned by someone else; or\n- (b) the sale or other disposal of the land.","sortOrder":350},{"sectionNumber":"ch.5-pt.6","sectionType":"part","heading":"Security","content":"# Security","sortOrder":351},{"sectionNumber":"sec.270","sectionType":"section","heading":"Operation and purpose of pt 6","content":"### sec.270 Operation and purpose of pt 6\n\nThis part empowers the Minister to require, from time to time, the holder of a GHG authority or a person who has applied for a GHG authority to give the State security for the authority or proposed authority.\nThe security may be used to pay—\nany liability under this Act that the State incurs because of an act or omission of the holder; and\nany unpaid annual rent payable by the holder to the State; and\nother unpaid amounts payable under this Act by the holder to the State, including for example, any of the following payable by the holder to the State—\nunpaid civil penalty;\nunpaid interest on unpaid annual rent;\nany debt payable by the holder under section 371 ; and\nfor a GHG authority that is a GHG lease—unpaid rates and charges, including unpaid interest on overdue rates and charges, payable to the local government in whose area the lease is situated; and\nany compensation the State must pay under section 360 because of the exercise or purported exercise of a remedial power under section 356 for the GHG authority, whether or not the authority has ended.\ns 270 amd 2024 No. 12 s 11\n(sec.270-ssec.1) This part empowers the Minister to require, from time to time, the holder of a GHG authority or a person who has applied for a GHG authority to give the State security for the authority or proposed authority.\n(sec.270-ssec.2) The security may be used to pay— any liability under this Act that the State incurs because of an act or omission of the holder; and any unpaid annual rent payable by the holder to the State; and other unpaid amounts payable under this Act by the holder to the State, including for example, any of the following payable by the holder to the State— unpaid civil penalty; unpaid interest on unpaid annual rent; any debt payable by the holder under section 371 ; and for a GHG authority that is a GHG lease—unpaid rates and charges, including unpaid interest on overdue rates and charges, payable to the local government in whose area the lease is situated; and any compensation the State must pay under section 360 because of the exercise or purported exercise of a remedial power under section 356 for the GHG authority, whether or not the authority has ended.\n- (a) any liability under this Act that the State incurs because of an act or omission of the holder; and\n- (b) any unpaid annual rent payable by the holder to the State; and\n- (c) other unpaid amounts payable under this Act by the holder to the State, including for example, any of the following payable by the holder to the State— (i) unpaid civil penalty; (ii) unpaid interest on unpaid annual rent; (iii) any debt payable by the holder under section 371 ; and\n- (i) unpaid civil penalty;\n- (ii) unpaid interest on unpaid annual rent;\n- (iii) any debt payable by the holder under section 371 ; and\n- (d) for a GHG authority that is a GHG lease—unpaid rates and charges, including unpaid interest on overdue rates and charges, payable to the local government in whose area the lease is situated; and\n- (e) any compensation the State must pay under section 360 because of the exercise or purported exercise of a remedial power under section 356 for the GHG authority, whether or not the authority has ended.\n- (i) unpaid civil penalty;\n- (ii) unpaid interest on unpaid annual rent;\n- (iii) any debt payable by the holder under section 371 ; and","sortOrder":352},{"sectionNumber":"sec.271","sectionType":"section","heading":"Power to require security for GHG authority","content":"### sec.271 Power to require security for GHG authority\n\nThe Minister may require the holder of a GHG authority or a person who has applied for a GHG authority to give the State security for the authority, or proposed authority.\nThe security must be—\nin the form prescribed under a regulation; and\nof at least the amount prescribed under a regulation.\nThe requirement may be made at any time.\nHowever, the requirement does not take effect until the holder or applicant is given—\nfor a requirement to give security in the form and amount prescribed under subsection (2) —notice of the requirement; or\notherwise—an information notice about the decision to make the requirement.\n(sec.271-ssec.1) The Minister may require the holder of a GHG authority or a person who has applied for a GHG authority to give the State security for the authority, or proposed authority.\n(sec.271-ssec.2) The security must be— in the form prescribed under a regulation; and of at least the amount prescribed under a regulation.\n(sec.271-ssec.3) The requirement may be made at any time.\n(sec.271-ssec.4) However, the requirement does not take effect until the holder or applicant is given— for a requirement to give security in the form and amount prescribed under subsection (2) —notice of the requirement; or otherwise—an information notice about the decision to make the requirement.\n- (a) in the form prescribed under a regulation; and\n- (b) of at least the amount prescribed under a regulation.\n- (a) for a requirement to give security in the form and amount prescribed under subsection (2) —notice of the requirement; or\n- (b) otherwise—an information notice about the decision to make the requirement.","sortOrder":353},{"sectionNumber":"sec.272","sectionType":"section","heading":"Minister’s power to require additional security","content":"### sec.272 Minister’s power to require additional security\n\nThe Minister may at any time require a GHG authority holder to increase the amount of security given for the authority.\nHowever—\nif, because of an increase in the prescribed amount under section 271 (2) , the requirement is to increase the total security required to no more than the increased prescribed amount—the requirement must be made by notice to the holder; or\nif the requirement is to increase the total security required to more than the prescribed amount under section 271 (2) when the requirement is made—\nsubsections (3) to (6) must be complied with before making the requirement; and\nthe requirement does not take effect until the holder is given an information notice about the decision to make the requirement.\nThe Minister must give the holder notice—\nstating the proposed increased amount of the security for the GHG authority; and\ninviting the holder to within a stated reasonable period make submissions to the Minister about the proposed increased amount.\nThe stated period must end at least 20 business days after the holder is given the notice.\nThe Minister must consider any submissions made by the holder within the stated period.\nIn this section—\nsecurity given includes security given or increased because of a requirement under subsection (1) .\n(sec.272-ssec.1) The Minister may at any time require a GHG authority holder to increase the amount of security given for the authority.\n(sec.272-ssec.2) However— if, because of an increase in the prescribed amount under section 271 (2) , the requirement is to increase the total security required to no more than the increased prescribed amount—the requirement must be made by notice to the holder; or if the requirement is to increase the total security required to more than the prescribed amount under section 271 (2) when the requirement is made— subsections (3) to (6) must be complied with before making the requirement; and the requirement does not take effect until the holder is given an information notice about the decision to make the requirement.\n(sec.272-ssec.3) The Minister must give the holder notice— stating the proposed increased amount of the security for the GHG authority; and inviting the holder to within a stated reasonable period make submissions to the Minister about the proposed increased amount.\n(sec.272-ssec.4) The stated period must end at least 20 business days after the holder is given the notice.\n(sec.272-ssec.5) The Minister must consider any submissions made by the holder within the stated period.\n(sec.272-ssec.6) In this section— security given includes security given or increased because of a requirement under subsection (1) .\n- (a) if, because of an increase in the prescribed amount under section 271 (2) , the requirement is to increase the total security required to no more than the increased prescribed amount—the requirement must be made by notice to the holder; or\n- (b) if the requirement is to increase the total security required to more than the prescribed amount under section 271 (2) when the requirement is made— (i) subsections (3) to (6) must be complied with before making the requirement; and (ii) the requirement does not take effect until the holder is given an information notice about the decision to make the requirement.\n- (i) subsections (3) to (6) must be complied with before making the requirement; and\n- (ii) the requirement does not take effect until the holder is given an information notice about the decision to make the requirement.\n- (i) subsections (3) to (6) must be complied with before making the requirement; and\n- (ii) the requirement does not take effect until the holder is given an information notice about the decision to make the requirement.\n- (a) stating the proposed increased amount of the security for the GHG authority; and\n- (b) inviting the holder to within a stated reasonable period make submissions to the Minister about the proposed increased amount.","sortOrder":354},{"sectionNumber":"sec.273","sectionType":"section","heading":"Interest on security","content":"### sec.273 Interest on security\n\nThe State may keep any interest that accrues on security given under this part for a GHG authority.","sortOrder":355},{"sectionNumber":"sec.274","sectionType":"section","heading":"Power to use security","content":"### sec.274 Power to use security\n\nThe State may use security given under this part for a GHG authority and any interest that accrues on the security to make a payment mentioned in section 270 (2) concerning the authority.","sortOrder":356},{"sectionNumber":"sec.275","sectionType":"section","heading":"Replenishment of security","content":"### sec.275 Replenishment of security\n\nThis section applies if—\nunder section 274 , all or part of the security for a GHG authority has been used; and\nthe GHG authority is still in force.\nThe Minister must give the GHG authority holder a notice—\nstating how much of the security has been used; and\ndirecting the holder to within 30 days after the giving of the notice replenish the security for the GHG authority up to the higher of the following—\nthe amount prescribed under a regulation;\nif the notice states that under section 271 , another amount is required—the other amount.\n(sec.275-ssec.1) This section applies if— under section 274 , all or part of the security for a GHG authority has been used; and the GHG authority is still in force.\n(sec.275-ssec.2) The Minister must give the GHG authority holder a notice— stating how much of the security has been used; and directing the holder to within 30 days after the giving of the notice replenish the security for the GHG authority up to the higher of the following— the amount prescribed under a regulation; if the notice states that under section 271 , another amount is required—the other amount.\n- (a) under section 274 , all or part of the security for a GHG authority has been used; and\n- (b) the GHG authority is still in force.\n- (a) stating how much of the security has been used; and\n- (b) directing the holder to within 30 days after the giving of the notice replenish the security for the GHG authority up to the higher of the following— (i) the amount prescribed under a regulation; (ii) if the notice states that under section 271 , another amount is required—the other amount.\n- (i) the amount prescribed under a regulation;\n- (ii) if the notice states that under section 271 , another amount is required—the other amount.\n- (i) the amount prescribed under a regulation;\n- (ii) if the notice states that under section 271 , another amount is required—the other amount.","sortOrder":357},{"sectionNumber":"sec.276","sectionType":"section","heading":"Security not affected by change in authority holder","content":"### sec.276 Security not affected by change in authority holder\n\nThis section applies if security for a GHG authority has been given under this part for the authority and its holder changes.\nDespite the change, the security and any interest that accrues on it continues in force for the benefit of the State and may be used under section 274 .\nIf the security is in the form of money, until the security is replaced or refunded it continues in force for the holder from time to time of the GHG authority.\n(sec.276-ssec.1) This section applies if security for a GHG authority has been given under this part for the authority and its holder changes.\n(sec.276-ssec.2) Despite the change, the security and any interest that accrues on it continues in force for the benefit of the State and may be used under section 274 .\n(sec.276-ssec.3) If the security is in the form of money, until the security is replaced or refunded it continues in force for the holder from time to time of the GHG authority.","sortOrder":358},{"sectionNumber":"sec.277","sectionType":"section","heading":"Retention of security after GHG authority ends","content":"### sec.277 Retention of security after GHG authority ends\n\nSecurity or part of security given for a GHG authority may be kept for 1 year after the authority has ended.\nAlso, if a claim made for the use of the security has not been assessed, an appropriate amount of the security to meet the claim may be kept until the claim has been assessed.\n(sec.277-ssec.1) Security or part of security given for a GHG authority may be kept for 1 year after the authority has ended.\n(sec.277-ssec.2) Also, if a claim made for the use of the security has not been assessed, an appropriate amount of the security to meet the claim may be kept until the claim has been assessed.","sortOrder":359},{"sectionNumber":"ch.5-pt.7","sectionType":"part","heading":null,"content":"","sortOrder":360},{"sectionNumber":"ch.5-pt.7-div.1","sectionType":"division","heading":null,"content":"","sortOrder":361},{"sectionNumber":"sec.278","sectionType":"section","heading":null,"content":"### Section sec.278\n\ns 278 sub 2010 No. 31 s 441\nom 2014 No. 47 s 329","sortOrder":362},{"sectionNumber":"sec.279","sectionType":"section","heading":null,"content":"### Section sec.279\n\ns 279 sub 2010 No. 31 s 441\namd 2012 No. 16 s 78 sch\nom 2014 No. 47 s 329","sortOrder":363},{"sectionNumber":"sec.280","sectionType":"section","heading":null,"content":"### Section sec.280\n\ns 280 sub 2010 No. 31 s 441\nom 2014 No. 47 s 329","sortOrder":364},{"sectionNumber":"sec.281","sectionType":"section","heading":null,"content":"### Section sec.281\n\ns 281 sub 2010 No. 31 s 441\nom 2014 No. 47 s 329","sortOrder":365},{"sectionNumber":"sec.282","sectionType":"section","heading":null,"content":"### Section sec.282\n\ns 282 sub 2010 No. 31 s 441\nom 2014 No. 47 s 329","sortOrder":366},{"sectionNumber":"sec.283","sectionType":"section","heading":null,"content":"### Section sec.283\n\ns 283 sub 2010 No. 31 s 441\nom 2014 No. 47 s 329","sortOrder":367},{"sectionNumber":"sec.284","sectionType":"section","heading":null,"content":"### Section sec.284\n\ns 284 sub 2010 No. 31 s 441\nom 2014 No. 47 s 329","sortOrder":368},{"sectionNumber":"sec.285","sectionType":"section","heading":null,"content":"### Section sec.285\n\ns 285 sub 2010 No. 31 s 441\nom 2014 No. 47 s 329","sortOrder":369},{"sectionNumber":"ch.5-pt.7-div.2","sectionType":"division","heading":null,"content":"","sortOrder":370},{"sectionNumber":"sec.286","sectionType":"section","heading":null,"content":"### Section sec.286\n\ns 286 amd 2010 No. 31 s 437 sch 2 pt 2\nom 2014 No. 47 s 329","sortOrder":371},{"sectionNumber":"sec.287","sectionType":"section","heading":null,"content":"### Section sec.287\n\ns 287 om 2014 No. 47 s 329","sortOrder":372},{"sectionNumber":"sec.288","sectionType":"section","heading":null,"content":"### Section sec.288\n\ns 288 om 2014 No. 47 s 329","sortOrder":373},{"sectionNumber":"sec.289","sectionType":"section","heading":null,"content":"### Section sec.289\n\ns 289 om 2014 No. 47 s 329","sortOrder":374},{"sectionNumber":"sec.290","sectionType":"section","heading":null,"content":"### Section sec.290\n\ns 290 amd 2010 No. 31 s 408 sch 2 pt 1\nom 2014 No. 47 s 329","sortOrder":375},{"sectionNumber":"sec.291","sectionType":"section","heading":null,"content":"### Section sec.291\n\ns 291 om 2014 No. 47 s 329","sortOrder":376},{"sectionNumber":"sec.292","sectionType":"section","heading":null,"content":"### Section sec.292\n\ns 292 om 2014 No. 47 s 329","sortOrder":377},{"sectionNumber":"sec.293","sectionType":"section","heading":null,"content":"### Section sec.293\n\ns 293 om 2014 No. 47 s 329","sortOrder":378},{"sectionNumber":"sec.294","sectionType":"section","heading":null,"content":"### Section sec.294\n\ns 294 amd 2010 No. 31 s 408 sch 2 pt 1\nom 2014 No. 47 s 329","sortOrder":379},{"sectionNumber":"sec.295","sectionType":"section","heading":null,"content":"### Section sec.295\n\ns 295 om 2014 No. 47 s 329","sortOrder":380},{"sectionNumber":"ch.5-pt.7-div.3","sectionType":"division","heading":null,"content":"","sortOrder":381},{"sectionNumber":"sec.296","sectionType":"section","heading":null,"content":"### Section sec.296\n\ns 296 om 2014 No. 47 s 329","sortOrder":382},{"sectionNumber":"sec.297","sectionType":"section","heading":null,"content":"### Section sec.297\n\ns 297 amd 2010 No. 31 s 442\nom 2014 No. 47 s 329","sortOrder":383},{"sectionNumber":"ch.5-pt.7-div.4","sectionType":"division","heading":null,"content":"","sortOrder":384},{"sectionNumber":"sec.298","sectionType":"section","heading":null,"content":"### Section sec.298\n\ns 298 om 2014 No. 47 s 329","sortOrder":385},{"sectionNumber":"ch.5-pt.7-div.5","sectionType":"division","heading":null,"content":"","sortOrder":386},{"sectionNumber":"sec.299","sectionType":"section","heading":null,"content":"### Section sec.299\n\ns 299 om 2014 No. 47 s 329","sortOrder":387},{"sectionNumber":"ch.5-pt.8","sectionType":"part","heading":null,"content":"","sortOrder":388},{"sectionNumber":"ch.5-pt.8-div.1","sectionType":"division","heading":null,"content":"","sortOrder":389},{"sectionNumber":"sec.300","sectionType":"section","heading":null,"content":"### Section sec.300\n\ns 300 amd 2012 No. 43 s 325 sch 2 ; 2014 No. 40 s 154 sch 1 pt 1\nom 2014 No. 47 s 329","sortOrder":390},{"sectionNumber":"sec.301","sectionType":"section","heading":null,"content":"### Section sec.301\n\ns 301 om 2014 No. 47 s 329","sortOrder":391},{"sectionNumber":"sec.302","sectionType":"section","heading":null,"content":"### Section sec.302\n\ns 302 amd 2012 No. 20 s 125 sch 1\nom 2014 No. 47 s 329","sortOrder":392},{"sectionNumber":"sec.303","sectionType":"section","heading":null,"content":"### Section sec.303\n\ns 303 om 2014 No. 47 s 329","sortOrder":393},{"sectionNumber":"sec.304","sectionType":"section","heading":null,"content":"### Section sec.304\n\ns 304 om 2014 No. 47 s 329","sortOrder":394},{"sectionNumber":"ch.5-pt.8-div.2","sectionType":"division","heading":null,"content":"","sortOrder":395},{"sectionNumber":"sec.312","sectionType":"section","heading":null,"content":"### Section sec.312\n\ns 312 om 2014 No. 47 s 329","sortOrder":396},{"sectionNumber":"sec.313","sectionType":"section","heading":null,"content":"### Section sec.313\n\ns 313 om 2014 No. 47 s 329","sortOrder":397},{"sectionNumber":"sec.314","sectionType":"section","heading":null,"content":"### Section sec.314\n\ns 314 amd 2010 No. 31 s 443\nom 2014 No. 47 s 329","sortOrder":398},{"sectionNumber":"sec.315","sectionType":"section","heading":null,"content":"### Section sec.315\n\ns 315 om 2014 No. 47 s 329","sortOrder":399},{"sectionNumber":"ch.5-pt.9","sectionType":"part","heading":null,"content":"","sortOrder":400},{"sectionNumber":"sec.316","sectionType":"section","heading":null,"content":"### Section sec.316\n\ns 316 amd 2010 No. 31 s 512\nom 2014 No. 47 s 329","sortOrder":401},{"sectionNumber":"sec.317","sectionType":"section","heading":null,"content":"### Section sec.317\n\ns 317 amd 2010 No. 31 s 513\nom 2014 No. 47 s 329","sortOrder":402},{"sectionNumber":"sec.318","sectionType":"section","heading":null,"content":"### Section sec.318\n\ns 318 amd 2010 No. 31 s 514\nom 2014 No. 47 s 329","sortOrder":403},{"sectionNumber":"ch.5-pt.10","sectionType":"part","heading":null,"content":"","sortOrder":404},{"sectionNumber":"ch.5-pt.10-div.1","sectionType":"division","heading":null,"content":"","sortOrder":405},{"sectionNumber":"sec.319","sectionType":"section","heading":null,"content":"### Section sec.319\n\ns 319 sub 2010 No. 31 s 444\nom 2014 No. 47 s 329","sortOrder":406},{"sectionNumber":"sec.320","sectionType":"section","heading":null,"content":"### Section sec.320\n\ns 320 sub 2010 No. 31 s 444\nom 2014 No. 47 s 329","sortOrder":407},{"sectionNumber":"sec.321","sectionType":"section","heading":null,"content":"### Section sec.321\n\ns 321 sub 2010 No. 31 s 444\nom 2014 No. 47 s 329","sortOrder":408},{"sectionNumber":"sec.322","sectionType":"section","heading":null,"content":"### Section sec.322\n\ns 322 sub 2010 No. 31 s 444\nom 2014 No. 47 s 329","sortOrder":409},{"sectionNumber":"sec.323","sectionType":"section","heading":null,"content":"### Section sec.323\n\ns 323 sub 2010 No. 31 s 444\nom 2014 No. 47 s 329","sortOrder":410},{"sectionNumber":"sec.324","sectionType":"section","heading":null,"content":"### Section sec.324\n\ns 324 sub 2010 No. 31 s 444\nom 2014 No. 47 s 329","sortOrder":411},{"sectionNumber":"sec.324A","sectionType":"section","heading":null,"content":"### Section sec.324A\n\ns 324A ins 2010 No. 31 s 444\nom 2014 No. 47 s 329","sortOrder":412},{"sectionNumber":"sec.325","sectionType":"section","heading":null,"content":"### Section sec.325\n\ns 325 sub 2010 No. 31 s 444\nom 2014 No. 47 s 329","sortOrder":413},{"sectionNumber":"sec.325A","sectionType":"section","heading":null,"content":"### Section sec.325A\n\ns 325A ins 2010 No. 31 s 444\nom 2014 No. 47 s 329","sortOrder":414},{"sectionNumber":"sec.325AB","sectionType":"section","heading":null,"content":"### Section sec.325AB\n\ns 325AB ins 2010 No. 31 s 444\nom 2014 No. 47 s 329","sortOrder":415},{"sectionNumber":"sec.325B","sectionType":"section","heading":null,"content":"### Section sec.325B\n\ns 325B ins 2010 No. 31 s 444\nom 2014 No. 47 s 329","sortOrder":416},{"sectionNumber":"sec.325C","sectionType":"section","heading":null,"content":"### Section sec.325C\n\ns 325C ins 2010 No. 31 s 444\nom 2014 No. 47 s 329","sortOrder":417},{"sectionNumber":"sec.325D","sectionType":"section","heading":null,"content":"### Section sec.325D\n\ns 325D ins 2010 No. 31 s 444\nom 2014 No. 47 s 329","sortOrder":418},{"sectionNumber":"sec.325DA","sectionType":"section","heading":null,"content":"### Section sec.325DA\n\ns 325DA ins 2010 No. 31 s 444\nom 2014 No. 47 s 329","sortOrder":419},{"sectionNumber":"sec.325DB","sectionType":"section","heading":null,"content":"### Section sec.325DB\n\ns 325DB ins 2010 No. 31 s 444\nom 2014 No. 47 s 329","sortOrder":420},{"sectionNumber":"sec.325DC","sectionType":"section","heading":null,"content":"### Section sec.325DC\n\ns 325DC ins 2010 No. 31 s 444\nom 2014 No. 47 s 329","sortOrder":421},{"sectionNumber":"sec.325E","sectionType":"section","heading":null,"content":"### Section sec.325E\n\ns 325E ins 2010 No. 31 s 444\nom 2014 No. 47 s 329","sortOrder":422},{"sectionNumber":"ch.5-pt.10-div.2","sectionType":"division","heading":null,"content":"","sortOrder":423},{"sectionNumber":"sec.325F","sectionType":"section","heading":null,"content":"### Section sec.325F\n\ns 325F (prev s 305) reloc and renum 2010 No. 31 s 437 sch 2 pt 2\namd 2010 No. 31 s 437 sch 2 pt 2\nom 2014 No. 47 s 329","sortOrder":424},{"sectionNumber":"sec.325G","sectionType":"section","heading":null,"content":"### Section sec.325G\n\ns 325G (prev s 306) reloc and renum 2010 No. 31 s 437 sch 2 pt 2\nom 2014 No. 47 s 329","sortOrder":425},{"sectionNumber":"sec.325H","sectionType":"section","heading":null,"content":"### Section sec.325H\n\ns 325H (prev s 307) reloc and renum 2010 No. 31 s 437 sch 2 pt 2\nom 2014 No. 47 s 329","sortOrder":426},{"sectionNumber":"sec.325I","sectionType":"section","heading":null,"content":"### Section sec.325I\n\ns 325I (prev s 308) reloc and renum 2010 No. 31 s 437 sch 2 pt 2\nom 2014 No. 47 s 329","sortOrder":427},{"sectionNumber":"sec.325J","sectionType":"section","heading":null,"content":"### Section sec.325J\n\ns 325J (prev s 309) reloc and renum 2010 No. 31 s 437 sch 2 pt 2\namd 2010 No. 31 s 437 sch 2 pt 2\nom 2014 No. 47 s 329","sortOrder":428},{"sectionNumber":"sec.325K","sectionType":"section","heading":null,"content":"### Section sec.325K\n\ns 325K (prev s 310) reloc and renum 2010 No. 31 s 437 sch 2 pt 2\nom 2014 No. 47 s 329","sortOrder":429},{"sectionNumber":"sec.325L","sectionType":"section","heading":null,"content":"### Section sec.325L\n\ns 325L (prev s 311) reloc and renum 2010 No. 31 s 437 sch 2 pt 2\namd 2010 No. 31 s 437 sch 2 pt 2\nom 2014 No. 47 s 329","sortOrder":430},{"sectionNumber":"ch.5-pt.11","sectionType":"part","heading":"Ownership of equipment and improvements","content":"# Ownership of equipment and improvements","sortOrder":431},{"sectionNumber":"sec.326","sectionType":"section","heading":"Application of pt 11","content":"### sec.326 Application of pt 11\n\nThis part applies if—\nequipment or improvements are taken, constructed or placed on land in the area of a GHG authority; and\nthe equipment or improvements were taken, constructed or placed on the land for use for an authorised activity for the GHG authority; and\nthe GHG authority continues in force.\nHowever, this part—\ndoes not apply for a GHG stream pipeline; and\nis subject to part 15 .\nFor pipelines, see sections 250 (General provision about ownership while tenure is in force for pipeline) and 252 (Obligation to decommission pipelines on cessation or reduction of tenure).\nPart 15 (Enforcement of end of authority and area reduction obligations).\nIn this section—\nequipment includes machinery and plant.\nimprovements —\ndoes not include a GHG well; but\ndoes include any works constructed in connection with a GHG well.\ns 326 amd 2012 No. 20 s 125 sch 1\n(sec.326-ssec.1) This part applies if— equipment or improvements are taken, constructed or placed on land in the area of a GHG authority; and the equipment or improvements were taken, constructed or placed on the land for use for an authorised activity for the GHG authority; and the GHG authority continues in force.\n(sec.326-ssec.2) However, this part— does not apply for a GHG stream pipeline; and is subject to part 15 . For pipelines, see sections 250 (General provision about ownership while tenure is in force for pipeline) and 252 (Obligation to decommission pipelines on cessation or reduction of tenure). Part 15 (Enforcement of end of authority and area reduction obligations).\n(sec.326-ssec.3) In this section— equipment includes machinery and plant. improvements — does not include a GHG well; but does include any works constructed in connection with a GHG well.\n- (a) equipment or improvements are taken, constructed or placed on land in the area of a GHG authority; and\n- (b) the equipment or improvements were taken, constructed or placed on the land for use for an authorised activity for the GHG authority; and\n- (c) the GHG authority continues in force.\n- (a) does not apply for a GHG stream pipeline; and\n- (b) is subject to part 15 .\n- 1 For pipelines, see sections 250 (General provision about ownership while tenure is in force for pipeline) and 252 (Obligation to decommission pipelines on cessation or reduction of tenure).\n- 2 Part 15 (Enforcement of end of authority and area reduction obligations).\n- (a) does not include a GHG well; but\n- (b) does include any works constructed in connection with a GHG well.","sortOrder":432},{"sectionNumber":"sec.327","sectionType":"section","heading":"Ownership of equipment and improvements","content":"### sec.327 Ownership of equipment and improvements\n\nWhile the equipment or improvements are on the land they remain the property of the person who owned them immediately before they were taken, constructed or placed on the land, unless that person otherwise agrees.\nSee however section 334 (Obligation to remove equipment and improvements).\nHowever, for a GHG well subsection (1) is subject to part 5 , division 2 .\nSubsection (1) applies despite—\nthe plant or equipment having become part of the land; or\nthe sale or other disposal of the land.\nThe equipment or improvements can not be—\nlevied or seized in execution; or\nsold in exercise of a power of sale or otherwise disposed of by a process under a law of a State taken against the holder or the owner of the land.\nThis section applies despite—\nan Act or law of a State; or\na contract, covenant or claim of right under a law of a State.\n(sec.327-ssec.1) While the equipment or improvements are on the land they remain the property of the person who owned them immediately before they were taken, constructed or placed on the land, unless that person otherwise agrees. See however section 334 (Obligation to remove equipment and improvements).\n(sec.327-ssec.2) However, for a GHG well subsection (1) is subject to part 5 , division 2 .\n(sec.327-ssec.3) Subsection (1) applies despite— the plant or equipment having become part of the land; or the sale or other disposal of the land.\n(sec.327-ssec.4) The equipment or improvements can not be— levied or seized in execution; or sold in exercise of a power of sale or otherwise disposed of by a process under a law of a State taken against the holder or the owner of the land.\n(sec.327-ssec.5) This section applies despite— an Act or law of a State; or a contract, covenant or claim of right under a law of a State.\n- (a) the plant or equipment having become part of the land; or\n- (b) the sale or other disposal of the land.\n- (a) levied or seized in execution; or\n- (b) sold in exercise of a power of sale or otherwise disposed of by a process under a law of a State taken against the holder or the owner of the land.\n- (a) an Act or law of a State; or\n- (b) a contract, covenant or claim of right under a law of a State.","sortOrder":433},{"sectionNumber":"ch.5-pt.12","sectionType":"part","heading":"General provisions for conditions and authorised activities","content":"# General provisions for conditions and authorised activities","sortOrder":434},{"sectionNumber":"ch.5-pt.12-div.1","sectionType":"division","heading":"Other mandatory conditions for all GHG authorities","content":"## Other mandatory conditions for all GHG authorities","sortOrder":435},{"sectionNumber":"sec.328","sectionType":"section","heading":"Operation of div 1","content":"### sec.328 Operation of div 1\n\nThis division provides for general mandatory conditions for all GHG authorities.\nThe following provisions also impose mandatory conditions on all GHG authorities—\nchapter 2 , parts 1 and 5\nchapter 3 , parts 1 and 6\nchapter 4 .\nFor what is a mandatory condition, see section 20 (2) .\ns 328 amd 2018 No. 24 s 22\n- 1 The following provisions also impose mandatory conditions on all GHG authorities— • chapter 2 , parts 1 and 5 • chapter 3 , parts 1 and 6 • chapter 4 .\n- • chapter 2 , parts 1 and 5\n- • chapter 3 , parts 1 and 6\n- • chapter 4 .\n- 2 For what is a mandatory condition, see section 20 (2) .\n- • chapter 2 , parts 1 and 5\n- • chapter 3 , parts 1 and 6\n- • chapter 4 .","sortOrder":436},{"sectionNumber":"sec.329","sectionType":"section","heading":"Compliance with land access code","content":"### sec.329 Compliance with land access code\n\nA GHG authority holder must—\ncomply with the mandatory provisions of the land access code to the extent it applies to the holder; and\nensure any other person carrying out an authorised activity for the GHG authority complies with the mandatory provisions of the land access code.\ns 329 sub 2010 No. 31 s 445\n- (a) comply with the mandatory provisions of the land access code to the extent it applies to the holder; and\n- (b) ensure any other person carrying out an authorised activity for the GHG authority complies with the mandatory provisions of the land access code.","sortOrder":437},{"sectionNumber":"sec.330","sectionType":"section","heading":"Requirement to consider using formed roads","content":"### sec.330 Requirement to consider using formed roads\n\ns 330 om 2010 No. 31 s 445","sortOrder":438},{"sectionNumber":"sec.331","sectionType":"section","heading":"Obligation to comply with Act and prescribed standards","content":"### sec.331 Obligation to comply with Act and prescribed standards\n\nThe holder of a GHG authority must—\ncomply with this Act; and\nin carrying out an authorised activity for the GHG authority, comply with—\nany standard that the GHG authority provides for the activity; and\nto the extent that the GHG authority does not provide a standard for the activity—any standard prescribed under a regulation for carrying out the activity.\nIn this section—\nstandard includes an Australian Standard, an international standard or a code or protocol.\n(sec.331-ssec.1) The holder of a GHG authority must— comply with this Act; and in carrying out an authorised activity for the GHG authority, comply with— any standard that the GHG authority provides for the activity; and to the extent that the GHG authority does not provide a standard for the activity—any standard prescribed under a regulation for carrying out the activity.\n(sec.331-ssec.2) In this section— standard includes an Australian Standard, an international standard or a code or protocol.\n- (a) comply with this Act; and\n- (b) in carrying out an authorised activity for the GHG authority, comply with— (i) any standard that the GHG authority provides for the activity; and (ii) to the extent that the GHG authority does not provide a standard for the activity—any standard prescribed under a regulation for carrying out the activity.\n- (i) any standard that the GHG authority provides for the activity; and\n- (ii) to the extent that the GHG authority does not provide a standard for the activity—any standard prescribed under a regulation for carrying out the activity.\n- (i) any standard that the GHG authority provides for the activity; and\n- (ii) to the extent that the GHG authority does not provide a standard for the activity—any standard prescribed under a regulation for carrying out the activity.","sortOrder":439},{"sectionNumber":"sec.332","sectionType":"section","heading":"Obligation to survey if Minister requires","content":"### sec.332 Obligation to survey if Minister requires\n\nThe Minister may by notice to the holder of a GHG authority require the holder to survey or resurvey its area within a stated reasonable period.\nThe holder must cause the survey or resurvey to be carried out by a person registered as a cadastral surveyor under the Surveyors Act 2003 .\nThe holder must pay any costs incurred in complying with the notice.\n(sec.332-ssec.1) The Minister may by notice to the holder of a GHG authority require the holder to survey or resurvey its area within a stated reasonable period.\n(sec.332-ssec.2) The holder must cause the survey or resurvey to be carried out by a person registered as a cadastral surveyor under the Surveyors Act 2003 .\n(sec.332-ssec.3) The holder must pay any costs incurred in complying with the notice.","sortOrder":440},{"sectionNumber":"sec.333","sectionType":"section","heading":"Notice of petroleum discovery","content":"### sec.333 Notice of petroleum discovery\n\nThis section applies if because of the carrying out an authorised activity for a GHG authority, its holder discovers petroleum.\nThe holder must within 3 business days give the chief executive a notice about the discovery.\nThe notice must give details of the discovery and any other information prescribed under a regulation.\nIf the holder is also a petroleum tenure holder, see also the P&G Act , section 544 (Notice by petroleum tenure holder about discovery and commercial viability).\n(sec.333-ssec.1) This section applies if because of the carrying out an authorised activity for a GHG authority, its holder discovers petroleum.\n(sec.333-ssec.2) The holder must within 3 business days give the chief executive a notice about the discovery.\n(sec.333-ssec.3) The notice must give details of the discovery and any other information prescribed under a regulation. If the holder is also a petroleum tenure holder, see also the P&G Act , section 544 (Notice by petroleum tenure holder about discovery and commercial viability).","sortOrder":441},{"sectionNumber":"ch.5-pt.12-div.2","sectionType":"division","heading":"General provisions for when authority ends or area reduced","content":"## General provisions for when authority ends or area reduced","sortOrder":442},{"sectionNumber":"sec.334","sectionType":"section","heading":"Obligation to remove equipment and improvements","content":"### sec.334 Obligation to remove equipment and improvements\n\nThis section applies for equipment or improvements in the area of a GHG authority or on access land for the authority that are being, or have been, used for an authorised activity for the authority.\nHowever, this section does not apply for—\na GHG well or a pipeline; or\nFor GHG wells, see part 5 , division 2 (Decommissioning of wells).\nFor pipelines, see section 252 (Obligation to decommission pipelines on cessation or reduction of tenure).\nequipment or improvements on land that under section 48 , ceases to be in the area of a GHG permit.\nThe holder of the GHG authority must before the removal day remove the equipment or improvements from the land unless the owner of the land otherwise agrees.\nMaximum penalty—1000 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 393A , to have also committed the offence.\nTo remove any doubt, it is declared that subsection (3) applies even if the equipment or improvements are not owned by the holder.\nIn this section—\nequipment includes machinery and plant.\nremoval day means the latest of the following days—\nthe earlier of the following—\nthe day the GHG authority ends;\nthe day the land ceases to be in the GHG authority’s area;\nif before the day provided for under paragraph (a) , the Minister fixes a day—that day;\nif before a day fixed under paragraph (b) , the Minister fixes a later day—that day.\ns 334 amd 2013 No. 51 s 229 sch 1\n(sec.334-ssec.1) This section applies for equipment or improvements in the area of a GHG authority or on access land for the authority that are being, or have been, used for an authorised activity for the authority.\n(sec.334-ssec.2) However, this section does not apply for— a GHG well or a pipeline; or For GHG wells, see part 5 , division 2 (Decommissioning of wells). For pipelines, see section 252 (Obligation to decommission pipelines on cessation or reduction of tenure). equipment or improvements on land that under section 48 , ceases to be in the area of a GHG permit.\n(sec.334-ssec.3) The holder of the GHG authority must before the removal day remove the equipment or improvements from the land unless the owner of the land otherwise agrees. Maximum penalty—1000 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 393A , to have also committed the offence.\n(sec.334-ssec.4) To remove any doubt, it is declared that subsection (3) applies even if the equipment or improvements are not owned by the holder.\n(sec.334-ssec.5) In this section— equipment includes machinery and plant. removal day means the latest of the following days— the earlier of the following— the day the GHG authority ends; the day the land ceases to be in the GHG authority’s area; if before the day provided for under paragraph (a) , the Minister fixes a day—that day; if before a day fixed under paragraph (b) , the Minister fixes a later day—that day.\n- (a) a GHG well or a pipeline; or Notes— 1 For GHG wells, see part 5 , division 2 (Decommissioning of wells). 2 For pipelines, see section 252 (Obligation to decommission pipelines on cessation or reduction of tenure).\n- 1 For GHG wells, see part 5 , division 2 (Decommissioning of wells).\n- 2 For pipelines, see section 252 (Obligation to decommission pipelines on cessation or reduction of tenure).\n- (b) equipment or improvements on land that under section 48 , ceases to be in the area of a GHG permit.\n- 1 For GHG wells, see part 5 , division 2 (Decommissioning of wells).\n- 2 For pipelines, see section 252 (Obligation to decommission pipelines on cessation or reduction of tenure).\n- (a) the earlier of the following— (i) the day the GHG authority ends; (ii) the day the land ceases to be in the GHG authority’s area;\n- (i) the day the GHG authority ends;\n- (ii) the day the land ceases to be in the GHG authority’s area;\n- (b) if before the day provided for under paragraph (a) , the Minister fixes a day—that day;\n- (c) if before a day fixed under paragraph (b) , the Minister fixes a later day—that day.\n- (i) the day the GHG authority ends;\n- (ii) the day the land ceases to be in the GHG authority’s area;","sortOrder":443},{"sectionNumber":"sec.335","sectionType":"section","heading":"Authorisation to enter to facilitate compliance","content":"### sec.335 Authorisation to enter to facilitate compliance\n\nThe Minister may by notice authorise a former holder of a GHG authority to enter any of the following land to comply with, or remedy a contravention of, section 329 or this division—\nthe land to which section 329 or this division applies ( primary land );\nany other land ( secondary land ) necessary or desirable to cross for access to the primary land.\nSections 20 and 331 and the Common Provisions Act , chapter 3 , part 2 (other than division 5 ) and parts 3 and 7 apply to the former holder of the authority as if—\nthe GHG authority were still in force (the notional authority ); and\nthe former holder is the holder of the notional authority; and\nthe primary land and any secondary land are in the notional authority’s area; and\nthe compliance or the remedying of the contravention were authorised activities for the notional authority.\nHowever, the power under this section does not include the power to enter a structure or a part of a structure used for residential purposes without the consent of the occupier of the structure or part of the structure.\nIf the former holder intends to enter the land and any occupier of the land is present at the land, the former holder also must show or make a reasonable attempt to show the occupier the former holder’s authorisation under this section.\ns 335 amd 2018 No. 24 s 23\n(sec.335-ssec.1) The Minister may by notice authorise a former holder of a GHG authority to enter any of the following land to comply with, or remedy a contravention of, section 329 or this division— the land to which section 329 or this division applies ( primary land ); any other land ( secondary land ) necessary or desirable to cross for access to the primary land.\n(sec.335-ssec.2) Sections 20 and 331 and the Common Provisions Act , chapter 3 , part 2 (other than division 5 ) and parts 3 and 7 apply to the former holder of the authority as if— the GHG authority were still in force (the notional authority ); and the former holder is the holder of the notional authority; and the primary land and any secondary land are in the notional authority’s area; and the compliance or the remedying of the contravention were authorised activities for the notional authority.\n(sec.335-ssec.3) However, the power under this section does not include the power to enter a structure or a part of a structure used for residential purposes without the consent of the occupier of the structure or part of the structure.\n(sec.335-ssec.4) If the former holder intends to enter the land and any occupier of the land is present at the land, the former holder also must show or make a reasonable attempt to show the occupier the former holder’s authorisation under this section.\n- (a) the land to which section 329 or this division applies ( primary land );\n- (b) any other land ( secondary land ) necessary or desirable to cross for access to the primary land.\n- (a) the GHG authority were still in force (the notional authority ); and\n- (b) the former holder is the holder of the notional authority; and\n- (c) the primary land and any secondary land are in the notional authority’s area; and\n- (d) the compliance or the remedying of the contravention were authorised activities for the notional authority.","sortOrder":444},{"sectionNumber":"ch.5-pt.12-div.3","sectionType":"division","heading":"Provisions for authorised activities","content":"## Provisions for authorised activities","sortOrder":445},{"sectionNumber":"sec.336","sectionType":"section","heading":"Authorised activities may be carried out despite rights of owner or occupier","content":"### sec.336 Authorised activities may be carried out despite rights of owner or occupier\n\nThe authorised activities for a GHG authority may be carried out despite the rights of an owner or occupier of land on which the activities are carried out.\nHowever, subsection (1) applies for an authorised activity only if section 337 does not prevent it from being carried out.\n(sec.336-ssec.1) The authorised activities for a GHG authority may be carried out despite the rights of an owner or occupier of land on which the activities are carried out.\n(sec.336-ssec.2) However, subsection (1) applies for an authorised activity only if section 337 does not prevent it from being carried out.","sortOrder":446},{"sectionNumber":"sec.337","sectionType":"section","heading":"General restrictions on right to carry out authorised activity","content":"### sec.337 General restrictions on right to carry out authorised activity\n\nThe right under this Act to carry out an authorised activity for a GHG authority is subject to—\nchapter 4 and this chapter; and\ncompliance with its holder’s rights and obligations under—\nchapters 2 to 4 ; and\nthis chapter; and\nsections 387 and 388 ; and\nthe mandatory conditions and the other conditions and provisions of the GHG authority; and\nany exclusion or restriction provided for in the GHG authority on the carrying out of the activities; and\nthe P&G Act safety provisions; and\nthe Environmental Protection Act ; and\nany other relevant Act or law.\nAlso, the right may be exercised only by the holder or someone that the holder has authorised under section 338 .\ns 337 amd 2012 No. 20 s 125 sch 1\n(sec.337-ssec.1) The right under this Act to carry out an authorised activity for a GHG authority is subject to— chapter 4 and this chapter; and compliance with its holder’s rights and obligations under— chapters 2 to 4 ; and this chapter; and sections 387 and 388 ; and the mandatory conditions and the other conditions and provisions of the GHG authority; and any exclusion or restriction provided for in the GHG authority on the carrying out of the activities; and the P&G Act safety provisions; and the Environmental Protection Act ; and any other relevant Act or law.\n(sec.337-ssec.2) Also, the right may be exercised only by the holder or someone that the holder has authorised under section 338 .\n- (a) chapter 4 and this chapter; and\n- (b) compliance with its holder’s rights and obligations under— (i) chapters 2 to 4 ; and (ii) this chapter; and (iii) sections 387 and 388 ; and\n- (i) chapters 2 to 4 ; and\n- (ii) this chapter; and\n- (iii) sections 387 and 388 ; and\n- (c) the mandatory conditions and the other conditions and provisions of the GHG authority; and\n- (d) any exclusion or restriction provided for in the GHG authority on the carrying out of the activities; and\n- (e) the P&G Act safety provisions; and\n- (f) the Environmental Protection Act ; and\n- (g) any other relevant Act or law.\n- (i) chapters 2 to 4 ; and\n- (ii) this chapter; and\n- (iii) sections 387 and 388 ; and","sortOrder":447},{"sectionNumber":"sec.338","sectionType":"section","heading":"Who may carry out authorised activity for GHG authority holder","content":"### sec.338 Who may carry out authorised activity for GHG authority holder\n\nAn authorised activity for a GHG authority may be carried out for the holder by any of the following persons acting within the scope of the person’s authority from the holder—\nif the holder is a corporation—its officers and employees;\nthe holder’s employees or partners who are individuals;\nagents of or contractors for the holder;\nofficers and employees of or agents of or contractors for agents or contractors mentioned in paragraph (c) .\nA GHG lease holder may also enter into a GHG coordination arrangement under which another party to the arrangement may carry out an authorised activity for the GHG lease. See section 186 (1) .\nThe authority may be express, or implied from—\nthe nature of the relationship between the person and the holder; or\nthe duties the person performs for the holder; or\nthe duties a person mentioned in subsection (1) customarily performs.\n(sec.338-ssec.1) An authorised activity for a GHG authority may be carried out for the holder by any of the following persons acting within the scope of the person’s authority from the holder— if the holder is a corporation—its officers and employees; the holder’s employees or partners who are individuals; agents of or contractors for the holder; officers and employees of or agents of or contractors for agents or contractors mentioned in paragraph (c) . A GHG lease holder may also enter into a GHG coordination arrangement under which another party to the arrangement may carry out an authorised activity for the GHG lease. See section 186 (1) .\n(sec.338-ssec.2) The authority may be express, or implied from— the nature of the relationship between the person and the holder; or the duties the person performs for the holder; or the duties a person mentioned in subsection (1) customarily performs.\n- (a) if the holder is a corporation—its officers and employees;\n- (b) the holder’s employees or partners who are individuals;\n- (c) agents of or contractors for the holder;\n- (d) officers and employees of or agents of or contractors for agents or contractors mentioned in paragraph (c) .\n- (a) the nature of the relationship between the person and the holder; or\n- (b) the duties the person performs for the holder; or\n- (c) the duties a person mentioned in subsection (1) customarily performs.","sortOrder":448},{"sectionNumber":"sec.338A","sectionType":"section","heading":"Limitation of owner’s or occupier’s tortious liability for authorised activities","content":"### sec.338A Limitation of owner’s or occupier’s tortious liability for authorised activities\n\nThis section applies to an owner or occupier of land in the area of a GHG authority if—\nsomeone else carries out an authorised activity for a GHG authority holder on the land; or\nsomeone else carries out an activity on the land and, in doing so, purports to be carrying out an authorised activity for a GHG authority.\nThe owner or occupier is not civilly liable to anyone else for a claim based in tort for damages relating to the carrying out of the activity.\nHowever, subsection (2) does not apply to the extent the owner or occupier, or someone else authorised by the owner or occupier, caused, or contributed to, the harm the subject of the claim.\nThis section applies—\ndespite any other Act or law; and\neven though this Act or the GHG authority prevents or restricts the carrying out of the activity as an authorised activity for the authority.\nSubject to subsection (2) , in this section, the terms claim , damages and harm have the same meaning that they have under the Civil Liability Act 2003 .\ns 338A ins 2010 No. 31 s 446\n(sec.338A-ssec.1) This section applies to an owner or occupier of land in the area of a GHG authority if— someone else carries out an authorised activity for a GHG authority holder on the land; or someone else carries out an activity on the land and, in doing so, purports to be carrying out an authorised activity for a GHG authority.\n(sec.338A-ssec.2) The owner or occupier is not civilly liable to anyone else for a claim based in tort for damages relating to the carrying out of the activity.\n(sec.338A-ssec.3) However, subsection (2) does not apply to the extent the owner or occupier, or someone else authorised by the owner or occupier, caused, or contributed to, the harm the subject of the claim.\n(sec.338A-ssec.4) This section applies— despite any other Act or law; and even though this Act or the GHG authority prevents or restricts the carrying out of the activity as an authorised activity for the authority.\n(sec.338A-ssec.5) Subject to subsection (2) , in this section, the terms claim , damages and harm have the same meaning that they have under the Civil Liability Act 2003 .\n- (a) someone else carries out an authorised activity for a GHG authority holder on the land; or\n- (b) someone else carries out an activity on the land and, in doing so, purports to be carrying out an authorised activity for a GHG authority.\n- (a) despite any other Act or law; and\n- (b) even though this Act or the GHG authority prevents or restricts the carrying out of the activity as an authorised activity for the authority.","sortOrder":449},{"sectionNumber":"ch.5-pt.13","sectionType":"part","heading":"GHG register","content":"# GHG register","sortOrder":450},{"sectionNumber":"sec.339","sectionType":"section","heading":"GHG register","content":"### sec.339 GHG register\n\ns 339 amd 2010 No. 31 s 502 sch 2 pt 4 ; 2012 No. 20 s 41\nom 2014 No. 47 s 334","sortOrder":451},{"sectionNumber":"sec.340","sectionType":"section","heading":"Keeping of register","content":"### sec.340 Keeping of register\n\ns 340 amd 2012 No. 20 s 281 sch 2\nom 2014 No. 47 s 334","sortOrder":452},{"sectionNumber":"sec.341","sectionType":"section","heading":"Access to register","content":"### sec.341 Access to register\n\nom 2014 No. 47 s 334","sortOrder":453},{"sectionNumber":"sec.342","sectionType":"section","heading":"Arrangements with other departments for copies from GHG register","content":"### sec.342 Arrangements with other departments for copies from GHG register\n\nom 2014 No. 47 s 334","sortOrder":454},{"sectionNumber":"sec.343","sectionType":"section","heading":"Supply of statistical data from GHG register","content":"### sec.343 Supply of statistical data from GHG register\n\nom 2014 No. 47 s 334","sortOrder":455},{"sectionNumber":"sec.344","sectionType":"section","heading":"Chief executive may correct register","content":"### sec.344 Chief executive may correct register\n\nom 2014 No. 47 s 334","sortOrder":456},{"sectionNumber":"ch.5-pt.14","sectionType":"part","heading":"Dealings","content":"# Dealings","sortOrder":457},{"sectionNumber":"ch.5-pt.14-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":458},{"sectionNumber":"sec.345","sectionType":"section","heading":"Definitions for pt 14","content":"### sec.345 Definitions for pt 14\n\ns 345 sub 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":459},{"sectionNumber":"sec.346","sectionType":"section","heading":"What is a dealing with a GHG authority","content":"### sec.346 What is a dealing with a GHG authority\n\ns 346 sub 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":460},{"sectionNumber":"sec.347","sectionType":"section","heading":"Prohibited dealings","content":"### sec.347 Prohibited dealings\n\ns 347 amd 2010 No. 31 s 502 sch 2 pt 4\nsub 2012 No. 20 s 146 (amd 2013 No. 10 s 147 )\nom 2014 No. 47 s 321","sortOrder":461},{"sectionNumber":"sec.348","sectionType":"section","heading":"Types of transfers","content":"### sec.348 Types of transfers\n\ns 348 sub 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":462},{"sectionNumber":"ch.5-pt.14-div.2","sectionType":"division","heading":"Registration of dealings generally","content":"## Registration of dealings generally","sortOrder":463},{"sectionNumber":"sec.349","sectionType":"section","heading":"Registration required for all dealings","content":"### sec.349 Registration required for all dealings\n\ns 349 sub 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":464},{"sectionNumber":"sec.350","sectionType":"section","heading":"Obtaining registration","content":"### sec.350 Obtaining registration\n\ns 350 sub 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":465},{"sectionNumber":"sec.351","sectionType":"section","heading":"Effect of approval and registration","content":"### sec.351 Effect of approval and registration\n\ns 351 sub 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":466},{"sectionNumber":"ch.5-pt.14-div.3","sectionType":"division","heading":"Approval of assessable transfers","content":"## Approval of assessable transfers","sortOrder":467},{"sectionNumber":"sec.352","sectionType":"section","heading":"Indicative approval","content":"### sec.352 Indicative approval\n\ns 352 sub 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":468},{"sectionNumber":"sec.353","sectionType":"section","heading":"Applying for approval of assessable transfer","content":"### sec.353 Applying for approval of assessable transfer\n\ns 353 sub 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":469},{"sectionNumber":"sec.354","sectionType":"section","heading":"Deciding application","content":"### sec.354 Deciding application\n\ns 354 sub 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":470},{"sectionNumber":"sec.355","sectionType":"section","heading":"Security may be required","content":"### sec.355 Security may be required\n\ns 355 sub 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":471},{"sectionNumber":"sec.355A","sectionType":"section","heading":"Notice of decision","content":"### sec.355A Notice of decision\n\ns 355A ins 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":472},{"sectionNumber":"ch.5-pt.14A","sectionType":"part","heading":"Recording associated agreements","content":"# Recording associated agreements","sortOrder":473},{"sectionNumber":"sec.355B","sectionType":"section","heading":"Definition for pt 14A","content":"### sec.355B Definition for pt 14A\n\ns 355B ins 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":474},{"sectionNumber":"sec.355C","sectionType":"section","heading":"Recording associated agreements","content":"### sec.355C Recording associated agreements\n\ns 355C ins 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":475},{"sectionNumber":"sec.355D","sectionType":"section","heading":"Effect of recording associated agreements","content":"### sec.355D Effect of recording associated agreements\n\ns 355D ins 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":476},{"sectionNumber":"ch.5-pt.14B","sectionType":"part","heading":"Caveats","content":"# Caveats","sortOrder":477},{"sectionNumber":"sec.355E","sectionType":"section","heading":"Requirements of caveats","content":"### sec.355E Requirements of caveats\n\ns 355E ins 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":478},{"sectionNumber":"sec.355F","sectionType":"section","heading":"Lodging of caveat","content":"### sec.355F Lodging of caveat\n\ns 355F ins 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":479},{"sectionNumber":"sec.355G","sectionType":"section","heading":"Chief executive’s functions on receipt of caveat","content":"### sec.355G Chief executive’s functions on receipt of caveat\n\ns 355G ins 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":480},{"sectionNumber":"sec.355H","sectionType":"section","heading":"Effect of lodging caveat","content":"### sec.355H Effect of lodging caveat\n\ns 355H ins 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":481},{"sectionNumber":"sec.355I","sectionType":"section","heading":"Lapsing, withdrawal or removal of caveat","content":"### sec.355I Lapsing, withdrawal or removal of caveat\n\ns 355I ins 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":482},{"sectionNumber":"sec.355J","sectionType":"section","heading":"Further caveat not available to same person","content":"### sec.355J Further caveat not available to same person\n\ns 355J ins 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":483},{"sectionNumber":"sec.355K","sectionType":"section","heading":"Compensation for lodging caveat without reasonable cause","content":"### sec.355K Compensation for lodging caveat without reasonable cause\n\ns 355K ins 2012 No. 20 s 146\nom 2014 No. 47 s 321","sortOrder":484},{"sectionNumber":"ch.5-pt.15","sectionType":"part","heading":"Enforcement of end of authority and area reduction obligations","content":"# Enforcement of end of authority and area reduction obligations","sortOrder":485},{"sectionNumber":"sec.356","sectionType":"section","heading":"Power of authorised person to ensure compliance","content":"### sec.356 Power of authorised person to ensure compliance\n\nThis section applies if the holder, or former holder, of a GHG authority has not complied with section 267 , 252 or 334 in relation to land (the primary land ).\nA person authorised (the authorised person ) by the chief executive may by complying with section 357 exercise the following powers ( remedial powers )—\nenter the primary land and do all things necessary to ensure the requirement is complied with;\nenter any other land ( secondary land ) necessary or desirable to cross for access to the primary land.\nHowever, remedial powers do not include power to enter a structure or a part of a structure used for residential purposes without the consent of the occupier of the structure or part of the structure.\nThe authorisation—\nmust be written; and\nmay be given on conditions the Minister considers appropriate.\n(sec.356-ssec.1) This section applies if the holder, or former holder, of a GHG authority has not complied with section 267 , 252 or 334 in relation to land (the primary land ).\n(sec.356-ssec.2) A person authorised (the authorised person ) by the chief executive may by complying with section 357 exercise the following powers ( remedial powers )— enter the primary land and do all things necessary to ensure the requirement is complied with; enter any other land ( secondary land ) necessary or desirable to cross for access to the primary land.\n(sec.356-ssec.3) However, remedial powers do not include power to enter a structure or a part of a structure used for residential purposes without the consent of the occupier of the structure or part of the structure.\n(sec.356-ssec.4) The authorisation— must be written; and may be given on conditions the Minister considers appropriate.\n- (a) enter the primary land and do all things necessary to ensure the requirement is complied with;\n- (b) enter any other land ( secondary land ) necessary or desirable to cross for access to the primary land.\n- (a) must be written; and\n- (b) may be given on conditions the Minister considers appropriate.","sortOrder":486},{"sectionNumber":"sec.357","sectionType":"section","heading":"Requirements for entry to ensure compliance","content":"### sec.357 Requirements for entry to ensure compliance\n\nRemedial powers may be exercised for the primary or secondary land under section 356 only if a following person is given notice of the proposed entry at least 10 business days before the proposed entry—\nif the land has an occupier—any occupier of the land;\nif the land does not have an occupier—its owner.\nThe notice must—\nidentify the authorised person; and\ndescribe the land; and\nstate—\nthat the authorised person has under this section, been authorised to enter the land; and\nthe purpose of the entry; and\nthe period of the entry.\nThe chief executive may approve the giving of the notice by publishing it in a stated way.\nThe chief executive may give the approval only if satisfied the publication is reasonably likely to adequately inform the person to whom the notice is required to be given of the proposed entry.\nIf the authorised person intends to enter the land and any occupier of the land is present at the land, the person also must show or make a reasonable attempt to show the occupier the person’s authorisation under this section.\n(sec.357-ssec.1) Remedial powers may be exercised for the primary or secondary land under section 356 only if a following person is given notice of the proposed entry at least 10 business days before the proposed entry— if the land has an occupier—any occupier of the land; if the land does not have an occupier—its owner.\n(sec.357-ssec.2) The notice must— identify the authorised person; and describe the land; and state— that the authorised person has under this section, been authorised to enter the land; and the purpose of the entry; and the period of the entry.\n(sec.357-ssec.3) The chief executive may approve the giving of the notice by publishing it in a stated way.\n(sec.357-ssec.4) The chief executive may give the approval only if satisfied the publication is reasonably likely to adequately inform the person to whom the notice is required to be given of the proposed entry.\n(sec.357-ssec.5) If the authorised person intends to enter the land and any occupier of the land is present at the land, the person also must show or make a reasonable attempt to show the occupier the person’s authorisation under this section.\n- (a) if the land has an occupier—any occupier of the land;\n- (b) if the land does not have an occupier—its owner.\n- (a) identify the authorised person; and\n- (b) describe the land; and\n- (c) state— (i) that the authorised person has under this section, been authorised to enter the land; and (ii) the purpose of the entry; and (iii) the period of the entry.\n- (i) that the authorised person has under this section, been authorised to enter the land; and\n- (ii) the purpose of the entry; and\n- (iii) the period of the entry.\n- (i) that the authorised person has under this section, been authorised to enter the land; and\n- (ii) the purpose of the entry; and\n- (iii) the period of the entry.","sortOrder":487},{"sectionNumber":"sec.358","sectionType":"section","heading":"Duty to avoid damage in exercising remedial powers","content":"### sec.358 Duty to avoid damage in exercising remedial powers\n\nIn exercising remedial powers, a person must take all reasonable steps to ensure the person causes as little inconvenience, and does as little damage, as is practicable.","sortOrder":488},{"sectionNumber":"sec.359","sectionType":"section","heading":"Notice of damage because of exercise of remedial powers","content":"### sec.359 Notice of damage because of exercise of remedial powers\n\nIf a person exercising remedial powers damages land or something on it, the person must give the owner and any occupier of the land notice of the damage.\nIf for any reason it is not practicable to comply with subsection (1) , the person must—\nleave the notice at the place where the damage happened; and\nensure it is left in a conspicuous place and in a reasonably secure way.\nThe notice must state—\nparticulars of the damage; and\nthat the owner or occupier may claim compensation under section 360 from the State.\n(sec.359-ssec.1) If a person exercising remedial powers damages land or something on it, the person must give the owner and any occupier of the land notice of the damage.\n(sec.359-ssec.2) If for any reason it is not practicable to comply with subsection (1) , the person must— leave the notice at the place where the damage happened; and ensure it is left in a conspicuous place and in a reasonably secure way.\n(sec.359-ssec.3) The notice must state— particulars of the damage; and that the owner or occupier may claim compensation under section 360 from the State.\n- (a) leave the notice at the place where the damage happened; and\n- (b) ensure it is left in a conspicuous place and in a reasonably secure way.\n- (a) particulars of the damage; and\n- (b) that the owner or occupier may claim compensation under section 360 from the State.","sortOrder":489},{"sectionNumber":"sec.360","sectionType":"section","heading":"Compensation for exercise of remedial powers","content":"### sec.360 Compensation for exercise of remedial powers\n\nThis section applies if an owner or occupier of land (the claimant ) suffers a cost, damage or loss because of the exercise or purported exercise of remedial powers.\nCompensation is payable to the claimant by the State for the cost, damage or loss.\nThe compensation may be claimed and ordered in a proceeding brought in a court of competent jurisdiction.\nThe court may order the compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.360-ssec.1) This section applies if an owner or occupier of land (the claimant ) suffers a cost, damage or loss because of the exercise or purported exercise of remedial powers.\n(sec.360-ssec.2) Compensation is payable to the claimant by the State for the cost, damage or loss.\n(sec.360-ssec.3) The compensation may be claimed and ordered in a proceeding brought in a court of competent jurisdiction.\n(sec.360-ssec.4) The court may order the compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.","sortOrder":490},{"sectionNumber":"sec.361","sectionType":"section","heading":"Ownership of thing removed in exercise of remedial powers","content":"### sec.361 Ownership of thing removed in exercise of remedial powers\n\nThis section applies if—\nremedial powers are exercised for land; and\nin the exercise of the powers a thing is removed from the land; and\nimmediately before the removal, the thing was the property of—\nthe holder or former holder of a GHG authority about whom the powers were exercised; or\nan agent of or contractor for the holder.\nOn the removal, the thing becomes the property of the State.\nThe State may deal with the thing as it considers appropriate, including for example, by destroying it or giving it away.\nThe chief executive may deal with the thing for the State.\nIf the State sells the thing, the State may after deducting the costs of the sale return the net proceeds of the sale to the former owner of the thing.\n(sec.361-ssec.1) This section applies if— remedial powers are exercised for land; and in the exercise of the powers a thing is removed from the land; and immediately before the removal, the thing was the property of— the holder or former holder of a GHG authority about whom the powers were exercised; or an agent of or contractor for the holder.\n(sec.361-ssec.2) On the removal, the thing becomes the property of the State.\n(sec.361-ssec.3) The State may deal with the thing as it considers appropriate, including for example, by destroying it or giving it away.\n(sec.361-ssec.4) The chief executive may deal with the thing for the State.\n(sec.361-ssec.5) If the State sells the thing, the State may after deducting the costs of the sale return the net proceeds of the sale to the former owner of the thing.\n- (a) remedial powers are exercised for land; and\n- (b) in the exercise of the powers a thing is removed from the land; and\n- (c) immediately before the removal, the thing was the property of— (i) the holder or former holder of a GHG authority about whom the powers were exercised; or (ii) an agent of or contractor for the holder.\n- (i) the holder or former holder of a GHG authority about whom the powers were exercised; or\n- (ii) an agent of or contractor for the holder.\n- (i) the holder or former holder of a GHG authority about whom the powers were exercised; or\n- (ii) an agent of or contractor for the holder.","sortOrder":491},{"sectionNumber":"sec.362","sectionType":"section","heading":"Recovery of costs of and compensation for exercise of remedial power","content":"### sec.362 Recovery of costs of and compensation for exercise of remedial power\n\nThe State may recover from the responsible person as a debt any—\nreasonable costs the State or an authorised person under section 356 incurs in exercising a remedial power; and\ncompensation payable by the State under section 360 for the exercise of the remedial power.\nHowever, in any proceeding to recover the costs, any relevant net proceeds of sale mentioned in section 361 must be deducted from the amount claimed for the costs.\nIn this section—\nrelevant net proceeds of sale means proceeds of sale under which the thing sold was the property of the responsible person immediately before its removal under section 361 .\nresponsible person means the holder or former holder of the GHG authority about whom the remedial powers were exercised.\n(sec.362-ssec.1) The State may recover from the responsible person as a debt any— reasonable costs the State or an authorised person under section 356 incurs in exercising a remedial power; and compensation payable by the State under section 360 for the exercise of the remedial power.\n(sec.362-ssec.2) However, in any proceeding to recover the costs, any relevant net proceeds of sale mentioned in section 361 must be deducted from the amount claimed for the costs.\n(sec.362-ssec.3) In this section— relevant net proceeds of sale means proceeds of sale under which the thing sold was the property of the responsible person immediately before its removal under section 361 . responsible person means the holder or former holder of the GHG authority about whom the remedial powers were exercised.\n- (a) reasonable costs the State or an authorised person under section 356 incurs in exercising a remedial power; and\n- (b) compensation payable by the State under section 360 for the exercise of the remedial power.","sortOrder":492},{"sectionNumber":"ch.5-pt.16","sectionType":"part","heading":"Dealing with serious situations","content":"# Dealing with serious situations","sortOrder":493},{"sectionNumber":"sec.363","sectionType":"section","heading":"What is a serious situation","content":"### sec.363 What is a serious situation\n\nA serious situation exists for a GHG storage reservoir if—\na GHG stream injected into the reservoir has leaked; or\nthere is a significant risk that a GHG stream injected into the reservoir will leak from it; or\na GHG stream injected, being injected or to be injected into the reservoir has behaved or is behaving otherwise than as predicted in a relevant work program or development plan.\n- (a) a GHG stream injected into the reservoir has leaked; or\n- (b) there is a significant risk that a GHG stream injected into the reservoir will leak from it; or\n- (c) a GHG stream injected, being injected or to be injected into the reservoir has behaved or is behaving otherwise than as predicted in a relevant work program or development plan.","sortOrder":494},{"sectionNumber":"sec.364","sectionType":"section","heading":"Minister’s power to give direction","content":"### sec.364 Minister’s power to give direction\n\nThis section applies if the Minister reasonably believes—\na serious situation exists or may exist for a GHG storage reservoir; and\na GHG tenure holder is in a position to take steps to remedy the situation or possible situation.\nThe Minister may give the GHG tenure holder a direction (a serious situation direction ) to—\nstop injecting any GHG stream into the reservoir; or\nsuspend the injection of any GHG stream into the reservoir for a stated period; or\ntake steps reasonably necessary to remedy the situation within a stated reasonable period.\nIf the direction requires the GHG tenure holder to take action mentioned in subsection (2) (c) within a stated period, it may state the steps the Minister reasonably believes are necessary to remedy the serious situation within the period.\nThe direction may also require the GHG tenure holder to notify the Minister when the holder has complied with the direction.\n(sec.364-ssec.1) This section applies if the Minister reasonably believes— a serious situation exists or may exist for a GHG storage reservoir; and a GHG tenure holder is in a position to take steps to remedy the situation or possible situation.\n(sec.364-ssec.2) The Minister may give the GHG tenure holder a direction (a serious situation direction ) to— stop injecting any GHG stream into the reservoir; or suspend the injection of any GHG stream into the reservoir for a stated period; or take steps reasonably necessary to remedy the situation within a stated reasonable period.\n(sec.364-ssec.3) If the direction requires the GHG tenure holder to take action mentioned in subsection (2) (c) within a stated period, it may state the steps the Minister reasonably believes are necessary to remedy the serious situation within the period.\n(sec.364-ssec.4) The direction may also require the GHG tenure holder to notify the Minister when the holder has complied with the direction.\n- (a) a serious situation exists or may exist for a GHG storage reservoir; and\n- (b) a GHG tenure holder is in a position to take steps to remedy the situation or possible situation.\n- (a) stop injecting any GHG stream into the reservoir; or\n- (b) suspend the injection of any GHG stream into the reservoir for a stated period; or\n- (c) take steps reasonably necessary to remedy the situation within a stated reasonable period.","sortOrder":495},{"sectionNumber":"sec.365","sectionType":"section","heading":"Requirements for giving serious situation direction","content":"### sec.365 Requirements for giving serious situation direction\n\nA serious situation direction must state—\nthat the Minister believes—\na stated serious situation exists; and\nthe GHG tenure holder given the direction is in a position to take steps to remedy the situation; and\nthe reasons for the belief; and\nthe requirements under the direction.\nThe direction must include or be accompanied by an information notice about the decisions to give the direction and to fix the period.\nThe direction may be given orally if—\nfor any reason it is not practicable to give the direction in writing; and\nthe Minister warns the person it is an offence not to comply with the direction.\nIf a serious situation direction is given orally, the Minister must confirm the direction by also giving it in writing as soon as practicable after giving it orally.\n(sec.365-ssec.1) A serious situation direction must state— that the Minister believes— a stated serious situation exists; and the GHG tenure holder given the direction is in a position to take steps to remedy the situation; and the reasons for the belief; and the requirements under the direction.\n(sec.365-ssec.2) The direction must include or be accompanied by an information notice about the decisions to give the direction and to fix the period.\n(sec.365-ssec.3) The direction may be given orally if— for any reason it is not practicable to give the direction in writing; and the Minister warns the person it is an offence not to comply with the direction.\n(sec.365-ssec.4) If a serious situation direction is given orally, the Minister must confirm the direction by also giving it in writing as soon as practicable after giving it orally.\n- (a) that the Minister believes— (i) a stated serious situation exists; and (ii) the GHG tenure holder given the direction is in a position to take steps to remedy the situation; and\n- (i) a stated serious situation exists; and\n- (ii) the GHG tenure holder given the direction is in a position to take steps to remedy the situation; and\n- (b) the reasons for the belief; and\n- (c) the requirements under the direction.\n- (i) a stated serious situation exists; and\n- (ii) the GHG tenure holder given the direction is in a position to take steps to remedy the situation; and\n- (a) for any reason it is not practicable to give the direction in writing; and\n- (b) the Minister warns the person it is an offence not to comply with the direction.","sortOrder":496},{"sectionNumber":"sec.366","sectionType":"section","heading":"Failure to comply with serious situation direction","content":"### sec.366 Failure to comply with serious situation direction\n\nA GHG tenure holder to whom a serious situation direction has been given must comply with the direction.\nMaximum penalty—1000 penalty units.\nSubsections (3) and (4) apply if—\nthe direction requires the GHG tenure holder to take steps reasonably necessary to remedy the serious situation the subject of the direction within a stated reasonable period; and\nthe direction states the steps the Minister reasonably believes are necessary to remedy the serious situation within the period.\nThe GHG tenure holder is taken to have complied with the requirement if all of the stated steps are taken within the period.\nSubsection (3) does not prevent the GHG tenure holder from complying with the requirement in another way.\n(sec.366-ssec.1) A GHG tenure holder to whom a serious situation direction has been given must comply with the direction. Maximum penalty—1000 penalty units.\n(sec.366-ssec.2) Subsections (3) and (4) apply if— the direction requires the GHG tenure holder to take steps reasonably necessary to remedy the serious situation the subject of the direction within a stated reasonable period; and the direction states the steps the Minister reasonably believes are necessary to remedy the serious situation within the period.\n(sec.366-ssec.3) The GHG tenure holder is taken to have complied with the requirement if all of the stated steps are taken within the period.\n(sec.366-ssec.4) Subsection (3) does not prevent the GHG tenure holder from complying with the requirement in another way.\n- (a) the direction requires the GHG tenure holder to take steps reasonably necessary to remedy the serious situation the subject of the direction within a stated reasonable period; and\n- (b) the direction states the steps the Minister reasonably believes are necessary to remedy the serious situation within the period.","sortOrder":497},{"sectionNumber":"sec.367","sectionType":"section","heading":"Serious situation direction applies despite other instruments","content":"### sec.367 Serious situation direction applies despite other instruments\n\nA serious situation direction applies despite any GHG tenure, work program, development plan or other instrument made or given under this Act.","sortOrder":498},{"sectionNumber":"sec.368","sectionType":"section","heading":"Powers under P&G Act not affected","content":"### sec.368 Powers under P&G Act not affected\n\nTo remove any doubt, it is declared that this part does not limit—\nthe power to give a compliance direction or a dangerous situation direction under the P&G Act ; or\nanother power under the P&G Act safety provisions or chapter 10 of that Act.\n- (a) the power to give a compliance direction or a dangerous situation direction under the P&G Act ; or\n- (b) another power under the P&G Act safety provisions or chapter 10 of that Act.","sortOrder":499},{"sectionNumber":"ch.5-pt.17","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":500},{"sectionNumber":"sec.369","sectionType":"section","heading":"GHG authority does not create an interest in land","content":"### sec.369 GHG authority does not create an interest in land\n\nThe granting of a GHG authority does not create an interest in any land.","sortOrder":501},{"sectionNumber":"sec.369A","sectionType":"section","heading":"Extinguishing GHG interests on the taking of land in a GHG authority’s area (other than by an easement)","content":"### sec.369A Extinguishing GHG interests on the taking of land in a GHG authority’s area (other than by an easement)\n\nThis section applies to the taking of land, other than by taking or otherwise creating an easement, under a resumption law.\nDespite any other Act , the taking of land does not extinguish GHG interests other than to the extent, if any, provided for in the resumption notice for the taking of the land.\nThe resumption notice for the taking of land may provide for the extinguishment of a GHG interest on the taking only to the extent the relevant Minister for the taking is satisfied the interest is incompatible with the purpose for which the land is taken.\nWithout limiting the application of subsection (3) , the relevant Minister may be satisfied a GHG interest is incompatible with the purpose for which the land is taken if, for that purpose, it is necessary to extinguish all interests in the land, including native title rights and interests.\nA GHG interest may be—\nwholly extinguished; or\npartially extinguished by—\nexcluding land from the land the subject of the interest; or\nprohibiting the carrying out of activities by the holder of the interest.\nThe resumption notice for the taking of land may provide for the extinguishment of GHG interests by reference to either or both of the following—\nstated land, which—\nmay be all or part of the land that is taken; and\nif the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example—\nas a shape that does not constitute a block or sub-block; or\nby using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\nstated GHG interests, which may be all GHG interests or GHG interests of a particular type.\nFor the taking of land for which GHG interests are extinguished as provided by this section—\neach person’s interest in an extinguished GHG interest is converted into a right to claim compensation under the resumption law; and\nthe resumption law applies with necessary and convenient changes and with the changes mentioned in subsections (8) and (9) and section 369D .\nThe notice of intention to resume for the proposed taking of the land must state the extent to which the GHG interests are proposed to be extinguished.\nThe entity taking the land must give the chief executive a notice that—\nstates the details of the extinguishment; and\nasks for the extinguishment to be recorded in the register; and\nis accompanied by a certified copy of the resumption notice.\nIn this section—\ncertified copy , of the resumption notice, means a copy of the original of the notice that has been certified by a justice of the peace as being a correct copy of the original notice.\nrelevant Minister , for the taking of land under a resumption law, means—\nif the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the Minister to whom the application that the land be taken is made under section 9 of that Act; or\notherwise—the Minister administering the resumption law under which the land is, or is to be, taken.\ns 369A ins 2012 No. 20 s 42\namd 2014 No. 47 s 335\n(sec.369A-ssec.1) This section applies to the taking of land, other than by taking or otherwise creating an easement, under a resumption law.\n(sec.369A-ssec.2) Despite any other Act , the taking of land does not extinguish GHG interests other than to the extent, if any, provided for in the resumption notice for the taking of the land.\n(sec.369A-ssec.3) The resumption notice for the taking of land may provide for the extinguishment of a GHG interest on the taking only to the extent the relevant Minister for the taking is satisfied the interest is incompatible with the purpose for which the land is taken.\n(sec.369A-ssec.4) Without limiting the application of subsection (3) , the relevant Minister may be satisfied a GHG interest is incompatible with the purpose for which the land is taken if, for that purpose, it is necessary to extinguish all interests in the land, including native title rights and interests.\n(sec.369A-ssec.5) A GHG interest may be— wholly extinguished; or partially extinguished by— excluding land from the land the subject of the interest; or prohibiting the carrying out of activities by the holder of the interest.\n(sec.369A-ssec.6) The resumption notice for the taking of land may provide for the extinguishment of GHG interests by reference to either or both of the following— stated land, which— may be all or part of the land that is taken; and if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example— as a shape that does not constitute a block or sub-block; or by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary; stated GHG interests, which may be all GHG interests or GHG interests of a particular type.\n(sec.369A-ssec.7) For the taking of land for which GHG interests are extinguished as provided by this section— each person’s interest in an extinguished GHG interest is converted into a right to claim compensation under the resumption law; and the resumption law applies with necessary and convenient changes and with the changes mentioned in subsections (8) and (9) and section 369D .\n(sec.369A-ssec.8) The notice of intention to resume for the proposed taking of the land must state the extent to which the GHG interests are proposed to be extinguished.\n(sec.369A-ssec.9) The entity taking the land must give the chief executive a notice that— states the details of the extinguishment; and asks for the extinguishment to be recorded in the register; and is accompanied by a certified copy of the resumption notice.\n(sec.369A-ssec.10) In this section— certified copy , of the resumption notice, means a copy of the original of the notice that has been certified by a justice of the peace as being a correct copy of the original notice. relevant Minister , for the taking of land under a resumption law, means— if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the Minister to whom the application that the land be taken is made under section 9 of that Act; or otherwise—the Minister administering the resumption law under which the land is, or is to be, taken.\n- (a) wholly extinguished; or\n- (b) partially extinguished by— (i) excluding land from the land the subject of the interest; or (ii) prohibiting the carrying out of activities by the holder of the interest.\n- (i) excluding land from the land the subject of the interest; or\n- (ii) prohibiting the carrying out of activities by the holder of the interest.\n- (i) excluding land from the land the subject of the interest; or\n- (ii) prohibiting the carrying out of activities by the holder of the interest.\n- (a) stated land, which— (i) may be all or part of the land that is taken; and (ii) if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example— (A) as a shape that does not constitute a block or sub-block; or (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\n- (i) may be all or part of the land that is taken; and\n- (ii) if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example— (A) as a shape that does not constitute a block or sub-block; or (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\n- (A) as a shape that does not constitute a block or sub-block; or\n- (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\n- (b) stated GHG interests, which may be all GHG interests or GHG interests of a particular type.\n- (i) may be all or part of the land that is taken; and\n- (ii) if the stated land is only part of the land that is taken—may be described in the resumption notice in any way, including, for example— (A) as a shape that does not constitute a block or sub-block; or (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\n- (A) as a shape that does not constitute a block or sub-block; or\n- (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\n- (A) as a shape that does not constitute a block or sub-block; or\n- (B) by using 3 dimensionally located points to identify the position, shape and dimensions of each boundary;\n- (a) each person’s interest in an extinguished GHG interest is converted into a right to claim compensation under the resumption law; and\n- (b) the resumption law applies with necessary and convenient changes and with the changes mentioned in subsections (8) and (9) and section 369D .\n- (a) states the details of the extinguishment; and\n- (b) asks for the extinguishment to be recorded in the register; and\n- (c) is accompanied by a certified copy of the resumption notice.\n- (a) if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the Minister to whom the application that the land be taken is made under section 9 of that Act; or\n- (b) otherwise—the Minister administering the resumption law under which the land is, or is to be, taken.","sortOrder":502},{"sectionNumber":"sec.369B","sectionType":"section","heading":"Effect of extinguishment of GHG interests on the taking of land in a GHG authority’s area (other than by taking an easement)","content":"### sec.369B Effect of extinguishment of GHG interests on the taking of land in a GHG authority’s area (other than by taking an easement)\n\nThis section applies if, under section 369A , the resumption notice for the taking of land (other than by taking or otherwise creating an easement) under a resumption law provides for the extinguishment of GHG interests for stated land.\nIf the resumption notice states that all GHG interests relating to the stated land are extinguished and a GHG interest relates only to the stated land, the interest is wholly extinguished.\nIf the resumption notice states that all GHG interests relating to the stated land are extinguished and a GHG interest relates to the stated land and other land—\nthe stated land is no longer the subject of the interest; and\nwithout limiting paragraph (a) —\nthe stated land is excluded from the area of the GHG authority comprising the interest, or under or in relation to which the interest exists; and\nthis Act applies, in relation to the area of the GHG authority, with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area.\nIf the resumption notice states that the carrying out of stated activities on the stated land by holders of stated GHG interests is prohibited, the holder of a stated GHG interest is not, or is no longer, authorised to carry out the stated activities on the stated land.\nHowever, subsections (3) and (4) do not apply in relation to a GHG interest that comprises, or exists under or in relation to, a new or renewed GHG authority granted after the land is taken.\ns 369B ins 2012 No. 20 s 42\n(sec.369B-ssec.1) This section applies if, under section 369A , the resumption notice for the taking of land (other than by taking or otherwise creating an easement) under a resumption law provides for the extinguishment of GHG interests for stated land.\n(sec.369B-ssec.2) If the resumption notice states that all GHG interests relating to the stated land are extinguished and a GHG interest relates only to the stated land, the interest is wholly extinguished.\n(sec.369B-ssec.3) If the resumption notice states that all GHG interests relating to the stated land are extinguished and a GHG interest relates to the stated land and other land— the stated land is no longer the subject of the interest; and without limiting paragraph (a) — the stated land is excluded from the area of the GHG authority comprising the interest, or under or in relation to which the interest exists; and this Act applies, in relation to the area of the GHG authority, with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area.\n(sec.369B-ssec.4) If the resumption notice states that the carrying out of stated activities on the stated land by holders of stated GHG interests is prohibited, the holder of a stated GHG interest is not, or is no longer, authorised to carry out the stated activities on the stated land.\n(sec.369B-ssec.5) However, subsections (3) and (4) do not apply in relation to a GHG interest that comprises, or exists under or in relation to, a new or renewed GHG authority granted after the land is taken.\n- (a) the stated land is no longer the subject of the interest; and\n- (b) without limiting paragraph (a) — (i) the stated land is excluded from the area of the GHG authority comprising the interest, or under or in relation to which the interest exists; and (ii) this Act applies, in relation to the area of the GHG authority, with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area.\n- (i) the stated land is excluded from the area of the GHG authority comprising the interest, or under or in relation to which the interest exists; and\n- (ii) this Act applies, in relation to the area of the GHG authority, with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area.\n- (i) the stated land is excluded from the area of the GHG authority comprising the interest, or under or in relation to which the interest exists; and\n- (ii) this Act applies, in relation to the area of the GHG authority, with necessary and convenient changes to allow for the exclusion of the stated land, including, for example, to allow the area to include a part of a block or sub-block if the part is what is left after the stated land is excluded from the area.","sortOrder":503},{"sectionNumber":"sec.369C","sectionType":"section","heading":"Applications relating to land taken under a resumption law for which GHG interests were extinguished","content":"### sec.369C Applications relating to land taken under a resumption law for which GHG interests were extinguished\n\nThe Minister may, under a grant provision, grant a new GHG authority for an area that includes acquired land only if the Minister, after consulting the entity that took the land, is satisfied the grant of the authority is compatible with the purpose for which the land is being or is to be used.\nIf there are 2 or more applications under this Act for the grant, under a grant provision, of a new GHG authority for an area that includes the same acquired land, the applications are to be dealt with as follows—\nthe applications must be considered and decided according to the day on which they are made;\nif the applications were made on the same day—\nthey take the priority the Minister decides, after considering the relative merits of each application; and\nthe Minister must give each applicant a notice stating there is competition for priority between the applicant’s application and another application, or other applications, made on the same day as the day on which the applicant’s application was made.\nIf a grant provision provides for the grant of a new GHG authority (the new authority ) over land in the area of an existing GHG authority (the existing authority )—\nthe application under this Act for the new authority may include acquired land that was, immediately before the taking of the land, in the existing authority’s area; and\nsubject to subsections (1) and (2) , the Minister may grant the new authority for an area that includes the acquired land as if the acquired land were in the existing authority’s area.\nTo remove any doubt, it is declared that this section does not affect the operation of the provisions of this Act about the application for, and grant of, a new GHG authority other than to the extent provided for in subsections (1) to (3) .\nIn this section—\ngrant provision means a provision of this Act providing for the grant of a new GHG authority.\nnew GHG authority includes a renewed GHG authority.\ns 369C ins 2012 No. 20 s 42\n(sec.369C-ssec.1) The Minister may, under a grant provision, grant a new GHG authority for an area that includes acquired land only if the Minister, after consulting the entity that took the land, is satisfied the grant of the authority is compatible with the purpose for which the land is being or is to be used.\n(sec.369C-ssec.2) If there are 2 or more applications under this Act for the grant, under a grant provision, of a new GHG authority for an area that includes the same acquired land, the applications are to be dealt with as follows— the applications must be considered and decided according to the day on which they are made; if the applications were made on the same day— they take the priority the Minister decides, after considering the relative merits of each application; and the Minister must give each applicant a notice stating there is competition for priority between the applicant’s application and another application, or other applications, made on the same day as the day on which the applicant’s application was made.\n(sec.369C-ssec.3) If a grant provision provides for the grant of a new GHG authority (the new authority ) over land in the area of an existing GHG authority (the existing authority )— the application under this Act for the new authority may include acquired land that was, immediately before the taking of the land, in the existing authority’s area; and subject to subsections (1) and (2) , the Minister may grant the new authority for an area that includes the acquired land as if the acquired land were in the existing authority’s area.\n(sec.369C-ssec.4) To remove any doubt, it is declared that this section does not affect the operation of the provisions of this Act about the application for, and grant of, a new GHG authority other than to the extent provided for in subsections (1) to (3) .\n(sec.369C-ssec.5) In this section— grant provision means a provision of this Act providing for the grant of a new GHG authority. new GHG authority includes a renewed GHG authority.\n- (a) the applications must be considered and decided according to the day on which they are made;\n- (b) if the applications were made on the same day— (i) they take the priority the Minister decides, after considering the relative merits of each application; and (ii) the Minister must give each applicant a notice stating there is competition for priority between the applicant’s application and another application, or other applications, made on the same day as the day on which the applicant’s application was made.\n- (i) they take the priority the Minister decides, after considering the relative merits of each application; and\n- (ii) the Minister must give each applicant a notice stating there is competition for priority between the applicant’s application and another application, or other applications, made on the same day as the day on which the applicant’s application was made.\n- (i) they take the priority the Minister decides, after considering the relative merits of each application; and\n- (ii) the Minister must give each applicant a notice stating there is competition for priority between the applicant’s application and another application, or other applications, made on the same day as the day on which the applicant’s application was made.\n- (a) the application under this Act for the new authority may include acquired land that was, immediately before the taking of the land, in the existing authority’s area; and\n- (b) subject to subsections (1) and (2) , the Minister may grant the new authority for an area that includes the acquired land as if the acquired land were in the existing authority’s area.","sortOrder":504},{"sectionNumber":"sec.369D","sectionType":"section","heading":"Compensation for effect of taking of land in a GHG authority’s area on GHG interests","content":"### sec.369D Compensation for effect of taking of land in a GHG authority’s area on GHG interests\n\nThis section applies if land in a GHG authority’s area is taken under a resumption law (including by taking or otherwise creating an easement).\nIn assessing any compensation to be paid to the holder of a GHG interest in relation to the taking of the land, allowance can not be made for the value of a GHG storage reservoir known or supposed to be in the land.\ns 369D ins 2012 No. 20 s 42\n(sec.369D-ssec.1) This section applies if land in a GHG authority’s area is taken under a resumption law (including by taking or otherwise creating an easement).\n(sec.369D-ssec.2) In assessing any compensation to be paid to the holder of a GHG interest in relation to the taking of the land, allowance can not be made for the value of a GHG storage reservoir known or supposed to be in the land.","sortOrder":505},{"sectionNumber":"sec.370","sectionType":"section","heading":"Joint holders of a GHG authority","content":"### sec.370 Joint holders of a GHG authority\n\nA GHG authority may be held by 2 or more persons as joint tenants or as tenants in common.\nIf—\nan application is made for a GHG authority, or for approval under the Common Provisions Act of a prescribed dealing that is a transfer of a GHG authority, for more than 1 proposed holder or transferee; and\nthe application does not show whether the proposed holders or transferees are to hold as joint tenants or as tenants in common; and\nthe application is granted;\nthe chief executive must record in the register that the applicants hold the GHG authority as tenants in common.\nIn this section—\nGHG authority includes a share in a GHG authority.\ns 370 amd 2012 No. 20 s 147 ; 2014 No. 47 ss 322 , 336 ; 2020 No. 14 s 218 sch 1\n(sec.370-ssec.1) A GHG authority may be held by 2 or more persons as joint tenants or as tenants in common.\n(sec.370-ssec.2) If— an application is made for a GHG authority, or for approval under the Common Provisions Act of a prescribed dealing that is a transfer of a GHG authority, for more than 1 proposed holder or transferee; and the application does not show whether the proposed holders or transferees are to hold as joint tenants or as tenants in common; and the application is granted; the chief executive must record in the register that the applicants hold the GHG authority as tenants in common.\n(sec.370-ssec.3) In this section— GHG authority includes a share in a GHG authority.\n- (a) an application is made for a GHG authority, or for approval under the Common Provisions Act of a prescribed dealing that is a transfer of a GHG authority, for more than 1 proposed holder or transferee; and\n- (b) the application does not show whether the proposed holders or transferees are to hold as joint tenants or as tenants in common; and\n- (c) the application is granted;","sortOrder":506},{"sectionNumber":"sec.371","sectionType":"section","heading":"Minister’s power to ensure compliance by GHG authority holder","content":"### sec.371 Minister’s power to ensure compliance by GHG authority holder\n\nThis section applies if—\nthe holder of a GHG authority has not complied with a requirement under this Act, of the holder; and\nno other provision of this Act allows someone other than the holder to ensure compliance with the requirement.\nThe Minister may take any action the Minister considers appropriate to ensure all or part of the requirement is complied with if—\nsubsections (3) and (4) have been complied with; or\nthe holder has agreed to the Minister taking the action.\nThe Minister must give the holder notice—\nstating the requirement and the action the Minister proposes to take; and\ninviting the holder to within a stated reasonable period make submissions to the Minister about the proposed action.\nThe Minister must consider any submissions made by the holder within the stated period.\nA decision to take the action does not take effect until the holder is given an information notice about the decision.\nThe State may recover from the holder as a debt any reasonable costs it incurs in the exercise of the power under subsection (2) .\n(sec.371-ssec.1) This section applies if— the holder of a GHG authority has not complied with a requirement under this Act, of the holder; and no other provision of this Act allows someone other than the holder to ensure compliance with the requirement.\n(sec.371-ssec.2) The Minister may take any action the Minister considers appropriate to ensure all or part of the requirement is complied with if— subsections (3) and (4) have been complied with; or the holder has agreed to the Minister taking the action.\n(sec.371-ssec.3) The Minister must give the holder notice— stating the requirement and the action the Minister proposes to take; and inviting the holder to within a stated reasonable period make submissions to the Minister about the proposed action.\n(sec.371-ssec.4) The Minister must consider any submissions made by the holder within the stated period.\n(sec.371-ssec.5) A decision to take the action does not take effect until the holder is given an information notice about the decision.\n(sec.371-ssec.6) The State may recover from the holder as a debt any reasonable costs it incurs in the exercise of the power under subsection (2) .\n- (a) the holder of a GHG authority has not complied with a requirement under this Act, of the holder; and\n- (b) no other provision of this Act allows someone other than the holder to ensure compliance with the requirement.\n- (a) subsections (3) and (4) have been complied with; or\n- (b) the holder has agreed to the Minister taking the action.\n- (a) stating the requirement and the action the Minister proposes to take; and\n- (b) inviting the holder to within a stated reasonable period make submissions to the Minister about the proposed action.","sortOrder":507},{"sectionNumber":"sec.372","sectionType":"section","heading":"Interest on amounts owing to the State","content":"### sec.372 Interest on amounts owing to the State\n\nInterest is payable to the State on any amount owing under this Act by anyone to the State and unpaid from time to time after the relevant day.\nannual or other rent and a civil penalty for non-payment of annual rent\nThe interest accrues daily at the rate prescribed under a regulation on the unpaid amount for the period starting on the day immediately after the amount became payable and ending on the day the amount owing on which interest is payable is paid in full, both days inclusive.\nAny amount received in payment of the unpaid amount or the interest must first be applied in payment of the interest.\nSubsection (3) applies despite any order or direction of the payer.\nIn this section—\nrelevant day means the following—\nfor an amount for annual or other rent or a civil penalty for non-payment of annual rent—the day that is 3 months after the last day for payment of the rent or civil penalty;\nfor another amount—the day the amount becomes owing.\n(sec.372-ssec.1) Interest is payable to the State on any amount owing under this Act by anyone to the State and unpaid from time to time after the relevant day. annual or other rent and a civil penalty for non-payment of annual rent\n(sec.372-ssec.2) The interest accrues daily at the rate prescribed under a regulation on the unpaid amount for the period starting on the day immediately after the amount became payable and ending on the day the amount owing on which interest is payable is paid in full, both days inclusive.\n(sec.372-ssec.3) Any amount received in payment of the unpaid amount or the interest must first be applied in payment of the interest.\n(sec.372-ssec.4) Subsection (3) applies despite any order or direction of the payer.\n(sec.372-ssec.5) In this section— relevant day means the following— for an amount for annual or other rent or a civil penalty for non-payment of annual rent—the day that is 3 months after the last day for payment of the rent or civil penalty; for another amount—the day the amount becomes owing.\n- (a) for an amount for annual or other rent or a civil penalty for non-payment of annual rent—the day that is 3 months after the last day for payment of the rent or civil penalty;\n- (b) for another amount—the day the amount becomes owing.","sortOrder":508},{"sectionNumber":"sec.373","sectionType":"section","heading":"Recovery of unpaid amounts","content":"### sec.373 Recovery of unpaid amounts\n\nIf a provision of this Act requires a GHG authority holder to pay the State an amount (including interest) the State may recover the amount from the holder as a debt.\nIn this section—\nholder includes a former holder of the GHG authority about whom the remedial powers were exercised.\n(sec.373-ssec.1) If a provision of this Act requires a GHG authority holder to pay the State an amount (including interest) the State may recover the amount from the holder as a debt.\n(sec.373-ssec.2) In this section— holder includes a former holder of the GHG authority about whom the remedial powers were exercised.","sortOrder":509},{"sectionNumber":"sec.374","sectionType":"section","heading":"Power to correct or amend authority","content":"### sec.374 Power to correct or amend authority\n\nThe Minister may amend a GHG authority at any time by giving its holder a notice of the amendment and recording particulars in the relevant register if the amendment—\nis to correct a clerical error; or\nis to state or more accurately state the boundaries of the area of the GHG authority because of a survey carried out under section 332 .\nThe Minister may at any time amend a condition of the GHG authority if its holder authority agrees in writing.\nDespite subsections (1) and (2) , the following can not be amended under this section—\nthe mandatory conditions for that type of authority;\nthe term of the GHG authority;\nany work program or development plan for the GHG authority.\nAlso, the Minister can not amend the GHG authority if the authority as amended would be inconsistent with a mandatory condition for that type of authority.\n(sec.374-ssec.1) The Minister may amend a GHG authority at any time by giving its holder a notice of the amendment and recording particulars in the relevant register if the amendment— is to correct a clerical error; or is to state or more accurately state the boundaries of the area of the GHG authority because of a survey carried out under section 332 .\n(sec.374-ssec.2) The Minister may at any time amend a condition of the GHG authority if its holder authority agrees in writing.\n(sec.374-ssec.3) Despite subsections (1) and (2) , the following can not be amended under this section— the mandatory conditions for that type of authority; the term of the GHG authority; any work program or development plan for the GHG authority.\n(sec.374-ssec.4) Also, the Minister can not amend the GHG authority if the authority as amended would be inconsistent with a mandatory condition for that type of authority.\n- (a) is to correct a clerical error; or\n- (b) is to state or more accurately state the boundaries of the area of the GHG authority because of a survey carried out under section 332 .\n- (a) the mandatory conditions for that type of authority;\n- (b) the term of the GHG authority;\n- (c) any work program or development plan for the GHG authority.","sortOrder":510},{"sectionNumber":"sec.375","sectionType":"section","heading":null,"content":"### Section sec.375\n\ns 375 om 2018 No. 24 s 24","sortOrder":511},{"sectionNumber":"sec.376","sectionType":"section","heading":"Joint and several liability for conditions and for debts to State","content":"### sec.376 Joint and several liability for conditions and for debts to State\n\nIf more than 1 person holds a GHG authority each holder is jointly and severally—\nresponsible for complying with its conditions; and\nliable for all debts payable under this Act and unpaid by the GHG authority holder to the State.\n- (a) responsible for complying with its conditions; and\n- (b) liable for all debts payable under this Act and unpaid by the GHG authority holder to the State.","sortOrder":512},{"sectionNumber":"sec.377","sectionType":"section","heading":"Notice of authority holder’s agents","content":"### sec.377 Notice of authority holder’s agents\n\nA person carrying out functions under this Act may refuse to deal with a person who claims to be acting as the agent of the holder of a GHG authority unless the holder has given the person notice of the agency.","sortOrder":513},{"sectionNumber":"ch.6-pt.1A","sectionType":"part","heading":null,"content":"","sortOrder":514},{"sectionNumber":"ch.6-pt.1A-div.1","sectionType":"division","heading":null,"content":"","sortOrder":515},{"sectionNumber":"sec.377A","sectionType":"section","heading":null,"content":"### Section sec.377A\n\ns 377A ins 2010 No. 31 s 447\namd 2018 No. 24 s 25\nom 2020 No. 14 s 52","sortOrder":516},{"sectionNumber":"ch.6-pt.1A-div.2","sectionType":"division","heading":null,"content":"","sortOrder":517},{"sectionNumber":"sec.377B","sectionType":"section","heading":null,"content":"### Section sec.377B\n\ns 377B ins 2010 No. 31 s 447\namd 2018 No. 24 s 26\nom 2020 No. 14 s 52","sortOrder":518},{"sectionNumber":"sec.377C","sectionType":"section","heading":null,"content":"### Section sec.377C\n\ns 377C ins 2010 No. 31 s 447\nom 2020 No. 14 s 52","sortOrder":519},{"sectionNumber":"sec.377D","sectionType":"section","heading":null,"content":"### Section sec.377D\n\ns 377D ins 2010 No. 31 s 447\namd 2014 No. 47 s 330 ; 2018 No. 24 s 27\nom 2020 No. 14 s 52","sortOrder":520},{"sectionNumber":"ch.6-pt.1A-div.3","sectionType":"division","heading":null,"content":"","sortOrder":521},{"sectionNumber":"sec.377E","sectionType":"section","heading":null,"content":"### Section sec.377E\n\ns 377E ins 2010 No. 31 s 447\namd 2014 No. 47 s 331 ; 2018 No. 24 s 28\nom 2020 No. 14 s 52","sortOrder":522},{"sectionNumber":"sec.377F","sectionType":"section","heading":null,"content":"### Section sec.377F\n\ns 377F ins 2010 No. 31 s 447\nom 2020 No. 14 s 52","sortOrder":523},{"sectionNumber":"sec.377G","sectionType":"section","heading":null,"content":"### Section sec.377G\n\ns 377G ins 2010 No. 31 s 447\namd 2018 No. 24 s 29\nom 2020 No. 14 s 52","sortOrder":524},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Noncompliance action for GHG authorities","content":"# Noncompliance action for GHG authorities","sortOrder":525},{"sectionNumber":"ch.6-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":526},{"sectionNumber":"sec.378","sectionType":"section","heading":"Operation of div 1","content":"### sec.378 Operation of div 1\n\nThis division provides a process for noncompliance action against the holder of a GHG authority.\nThe power to take noncompliance action under this part does not limit a power as follows (the other power )—\nthe power under chapter 5 , part 6 to require new or additional security;\na power under another provision of this Act to amend the GHG authority;\nthe power to give a dangerous situation or compliance direction under the P&G Act .\nThe other power does not limit the power to take noncompliance action.\nNoncompliance action may be taken when the other power is exercised.\nThe P&G Act , chapter 10 includes provisions about investigating GHG storage activities and for the giving of compliance and dangerous situation directions concerning those activities.\nSee also chapter 5 , part 16 (Dealing with serious situations).\n(sec.378-ssec.1) This division provides a process for noncompliance action against the holder of a GHG authority.\n(sec.378-ssec.2) The power to take noncompliance action under this part does not limit a power as follows (the other power )— the power under chapter 5 , part 6 to require new or additional security; a power under another provision of this Act to amend the GHG authority; the power to give a dangerous situation or compliance direction under the P&G Act .\n(sec.378-ssec.3) The other power does not limit the power to take noncompliance action.\n(sec.378-ssec.4) Noncompliance action may be taken when the other power is exercised. The P&G Act , chapter 10 includes provisions about investigating GHG storage activities and for the giving of compliance and dangerous situation directions concerning those activities. See also chapter 5 , part 16 (Dealing with serious situations).\n- (a) the power under chapter 5 , part 6 to require new or additional security;\n- (b) a power under another provision of this Act to amend the GHG authority;\n- (c) the power to give a dangerous situation or compliance direction under the P&G Act .\n- 1 The P&G Act , chapter 10 includes provisions about investigating GHG storage activities and for the giving of compliance and dangerous situation directions concerning those activities.\n- 2 See also chapter 5 , part 16 (Dealing with serious situations).","sortOrder":527},{"sectionNumber":"ch.6-pt.1-div.2","sectionType":"division","heading":"Noncompliance action by Minister","content":"## Noncompliance action by Minister","sortOrder":528},{"sectionNumber":"sec.379","sectionType":"section","heading":"Types of noncompliance action that may be taken","content":"### sec.379 Types of noncompliance action that may be taken\n\nThe noncompliance action the Minister may take under this division is all or any of the following—\namending the GHG authority by doing all or any of the following—\nfor a GHG authority other than a GHG lease, reducing its term;\nreducing its area;\nA GHG permit holder has not in contravention of section 89 , carried out work required under the work program for the permit. Noncompliance action may include amending the permit to reduce its area to reflect the work not carried out.\namending a condition of the GHG authority;\nimposing a new condition;\nfor a GHG authority other than a GHG lease, requiring its holder to relinquish a stated part of its area on or before a stated time;\ncancelling the GHG authority, immediately or on a stated day;\nif the GHG authority is a GHG tenure—\nwithdrawing from a stated day, the approval of its work program or development plan; and\ndirecting its holder to, on or before that day, give the Minister the following document so that the Minister may decide whether to approve it—\nfor a GHG permit—a proposed later work program that complies with the later work program requirements;\nfor a GHG lease—a proposed later development plan that complies with the later development plan requirements;\nrequiring the GHG authority holder to pay the State a penalty of an amount no more than the monetary value of 2000 penalty units.\nA condition or amendment under subsection (1) may restrict the authorised activities for the GHG authority.\nIf under subsection (1) (c) , the GHG authority is cancelled on a stated day, a condition may be imposed under subsection (1) (a) restricting the authorised activities for the authority until the cancellation.\nNoncompliance action may be taken despite the mandatory conditions for the GHG authority.\ns 379 amd 2022 No. 29 s 18\n(sec.379-ssec.1) The noncompliance action the Minister may take under this division is all or any of the following— amending the GHG authority by doing all or any of the following— for a GHG authority other than a GHG lease, reducing its term; reducing its area; A GHG permit holder has not in contravention of section 89 , carried out work required under the work program for the permit. Noncompliance action may include amending the permit to reduce its area to reflect the work not carried out. amending a condition of the GHG authority; imposing a new condition; for a GHG authority other than a GHG lease, requiring its holder to relinquish a stated part of its area on or before a stated time; cancelling the GHG authority, immediately or on a stated day; if the GHG authority is a GHG tenure— withdrawing from a stated day, the approval of its work program or development plan; and directing its holder to, on or before that day, give the Minister the following document so that the Minister may decide whether to approve it— for a GHG permit—a proposed later work program that complies with the later work program requirements; for a GHG lease—a proposed later development plan that complies with the later development plan requirements; requiring the GHG authority holder to pay the State a penalty of an amount no more than the monetary value of 2000 penalty units.\n(sec.379-ssec.2) A condition or amendment under subsection (1) may restrict the authorised activities for the GHG authority.\n(sec.379-ssec.3) If under subsection (1) (c) , the GHG authority is cancelled on a stated day, a condition may be imposed under subsection (1) (a) restricting the authorised activities for the authority until the cancellation.\n(sec.379-ssec.4) Noncompliance action may be taken despite the mandatory conditions for the GHG authority.\n- (a) amending the GHG authority by doing all or any of the following— (i) for a GHG authority other than a GHG lease, reducing its term; (ii) reducing its area; Example of a possible reduction— A GHG permit holder has not in contravention of section 89 , carried out work required under the work program for the permit. Noncompliance action may include amending the permit to reduce its area to reflect the work not carried out. (iii) amending a condition of the GHG authority; (iv) imposing a new condition;\n- (i) for a GHG authority other than a GHG lease, reducing its term;\n- (ii) reducing its area; Example of a possible reduction— A GHG permit holder has not in contravention of section 89 , carried out work required under the work program for the permit. Noncompliance action may include amending the permit to reduce its area to reflect the work not carried out.\n- (iii) amending a condition of the GHG authority;\n- (iv) imposing a new condition;\n- (b) for a GHG authority other than a GHG lease, requiring its holder to relinquish a stated part of its area on or before a stated time;\n- (c) cancelling the GHG authority, immediately or on a stated day;\n- (d) if the GHG authority is a GHG tenure— (i) withdrawing from a stated day, the approval of its work program or development plan; and (ii) directing its holder to, on or before that day, give the Minister the following document so that the Minister may decide whether to approve it— (A) for a GHG permit—a proposed later work program that complies with the later work program requirements; (B) for a GHG lease—a proposed later development plan that complies with the later development plan requirements;\n- (i) withdrawing from a stated day, the approval of its work program or development plan; and\n- (ii) directing its holder to, on or before that day, give the Minister the following document so that the Minister may decide whether to approve it— (A) for a GHG permit—a proposed later work program that complies with the later work program requirements; (B) for a GHG lease—a proposed later development plan that complies with the later development plan requirements;\n- (A) for a GHG permit—a proposed later work program that complies with the later work program requirements;\n- (B) for a GHG lease—a proposed later development plan that complies with the later development plan requirements;\n- (e) requiring the GHG authority holder to pay the State a penalty of an amount no more than the monetary value of 2000 penalty units.\n- (i) for a GHG authority other than a GHG lease, reducing its term;\n- (ii) reducing its area; Example of a possible reduction— A GHG permit holder has not in contravention of section 89 , carried out work required under the work program for the permit. Noncompliance action may include amending the permit to reduce its area to reflect the work not carried out.\n- (iii) amending a condition of the GHG authority;\n- (iv) imposing a new condition;\n- (i) withdrawing from a stated day, the approval of its work program or development plan; and\n- (ii) directing its holder to, on or before that day, give the Minister the following document so that the Minister may decide whether to approve it— (A) for a GHG permit—a proposed later work program that complies with the later work program requirements; (B) for a GHG lease—a proposed later development plan that complies with the later development plan requirements;\n- (A) for a GHG permit—a proposed later work program that complies with the later work program requirements;\n- (B) for a GHG lease—a proposed later development plan that complies with the later development plan requirements;\n- (A) for a GHG permit—a proposed later work program that complies with the later work program requirements;\n- (B) for a GHG lease—a proposed later development plan that complies with the later development plan requirements;","sortOrder":529},{"sectionNumber":"sec.380","sectionType":"section","heading":"When noncompliance action may be taken","content":"### sec.380 When noncompliance action may be taken\n\nNoncompliance action may be taken if—\nan event mentioned in subsection (2) or (3) has happened; and\nthe procedure under division 3 for taking the action has been followed; and\nthe GHG authority for which the noncompliance action is taken relates to the event for which the action is taken.\nFor subsection (1) , the event is that the holder—\nobtained the GHG authority because of a materially false or misleading representation or declaration made orally or in writing; or\nhas failed to comply with this Act, a direction given under this Act or the GHG authority; or\ndid not pay an amount under this Act by the day it became owing; or\nhas used any land in the GHG authority’s area for an activity that—\nis not an authorised activity for the GHG authority or that, under any of the following Acts can not be carried out on the land—\nthe Geothermal Act , chapter 5 , part 5 ;\nthe Mineral Resources Act , chapter 9 ;\nthe P&G Act , chapter 3A ;\nthe 1923 Act , part 6FA ; and\nthe holder can not otherwise lawfully carry out; or\nhas used the GHG authority for a purpose other than for a purpose for which it was granted; or\nhas carried out or purported to carry out work under the GHG authority for which the GHG authority was not granted.\nAlso, it is an event for subsection (1) if the holder is not or has ceased to be an eligible person.\ns 380 amd 2010 No. 31 s 502 sch 2 pt 4 ; 2012 No. 20 s 125 sch 1 ; 2012 No. 20 s 323 sch 3\n(sec.380-ssec.1) Noncompliance action may be taken if— an event mentioned in subsection (2) or (3) has happened; and the procedure under division 3 for taking the action has been followed; and the GHG authority for which the noncompliance action is taken relates to the event for which the action is taken.\n(sec.380-ssec.2) For subsection (1) , the event is that the holder— obtained the GHG authority because of a materially false or misleading representation or declaration made orally or in writing; or has failed to comply with this Act, a direction given under this Act or the GHG authority; or did not pay an amount under this Act by the day it became owing; or has used any land in the GHG authority’s area for an activity that— is not an authorised activity for the GHG authority or that, under any of the following Acts can not be carried out on the land— the Geothermal Act , chapter 5 , part 5 ; the Mineral Resources Act , chapter 9 ; the P&G Act , chapter 3A ; the 1923 Act , part 6FA ; and the holder can not otherwise lawfully carry out; or has used the GHG authority for a purpose other than for a purpose for which it was granted; or has carried out or purported to carry out work under the GHG authority for which the GHG authority was not granted.\n(sec.380-ssec.3) Also, it is an event for subsection (1) if the holder is not or has ceased to be an eligible person.\n- (a) an event mentioned in subsection (2) or (3) has happened; and\n- (b) the procedure under division 3 for taking the action has been followed; and\n- (c) the GHG authority for which the noncompliance action is taken relates to the event for which the action is taken.\n- (a) obtained the GHG authority because of a materially false or misleading representation or declaration made orally or in writing; or\n- (b) has failed to comply with this Act, a direction given under this Act or the GHG authority; or\n- (c) did not pay an amount under this Act by the day it became owing; or\n- (d) has used any land in the GHG authority’s area for an activity that— (i) is not an authorised activity for the GHG authority or that, under any of the following Acts can not be carried out on the land— (A) the Geothermal Act , chapter 5 , part 5 ; (B) the Mineral Resources Act , chapter 9 ; (C) the P&G Act , chapter 3A ; (D) the 1923 Act , part 6FA ; and (ii) the holder can not otherwise lawfully carry out; or\n- (i) is not an authorised activity for the GHG authority or that, under any of the following Acts can not be carried out on the land— (A) the Geothermal Act , chapter 5 , part 5 ; (B) the Mineral Resources Act , chapter 9 ; (C) the P&G Act , chapter 3A ; (D) the 1923 Act , part 6FA ; and\n- (A) the Geothermal Act , chapter 5 , part 5 ;\n- (B) the Mineral Resources Act , chapter 9 ;\n- (C) the P&G Act , chapter 3A ;\n- (D) the 1923 Act , part 6FA ; and\n- (ii) the holder can not otherwise lawfully carry out; or\n- (e) has used the GHG authority for a purpose other than for a purpose for which it was granted; or\n- (f) has carried out or purported to carry out work under the GHG authority for which the GHG authority was not granted.\n- (i) is not an authorised activity for the GHG authority or that, under any of the following Acts can not be carried out on the land— (A) the Geothermal Act , chapter 5 , part 5 ; (B) the Mineral Resources Act , chapter 9 ; (C) the P&G Act , chapter 3A ; (D) the 1923 Act , part 6FA ; and\n- (A) the Geothermal Act , chapter 5 , part 5 ;\n- (B) the Mineral Resources Act , chapter 9 ;\n- (C) the P&G Act , chapter 3A ;\n- (D) the 1923 Act , part 6FA ; and\n- (ii) the holder can not otherwise lawfully carry out; or\n- (A) the Geothermal Act , chapter 5 , part 5 ;\n- (B) the Mineral Resources Act , chapter 9 ;\n- (C) the P&G Act , chapter 3A ;\n- (D) the 1923 Act , part 6FA ; and","sortOrder":530},{"sectionNumber":"ch.6-pt.1-div.3","sectionType":"division","heading":"Procedure for noncompliance action","content":"## Procedure for noncompliance action","sortOrder":531},{"sectionNumber":"sec.381","sectionType":"section","heading":"Notice of proposed noncompliance action","content":"### sec.381 Notice of proposed noncompliance action\n\nThe Minister must give the GHG authority holder a notice stating each of the following—\nthat the Minister proposes to take noncompliance action against the holder;\nthe types of noncompliance action that may be taken against the holder and the type likely to be taken;\nthe grounds for taking noncompliance action against the holder;\nthe facts and circumstances that are the basis for the grounds;\nthat the holder may within a stated period make submissions to the Minister about the proposal to take noncompliance action.\nThe notice may state any of the following—\nif the noncompliance action is likely to include amending the GHG authority—the likely amendment;\nthe amount of any likely reduction of the GHG authority’s area.\nThe stated period must be at least 20 business days after the holder is given the notice.\ns 381 amd 2010 No. 31 s 408 sch 2 pt 1 ; 2012 No. 20 s 125 sch 1\n(sec.381-ssec.1) The Minister must give the GHG authority holder a notice stating each of the following— that the Minister proposes to take noncompliance action against the holder; the types of noncompliance action that may be taken against the holder and the type likely to be taken; the grounds for taking noncompliance action against the holder; the facts and circumstances that are the basis for the grounds; that the holder may within a stated period make submissions to the Minister about the proposal to take noncompliance action.\n(sec.381-ssec.2) The notice may state any of the following— if the noncompliance action is likely to include amending the GHG authority—the likely amendment; the amount of any likely reduction of the GHG authority’s area.\n(sec.381-ssec.3) The stated period must be at least 20 business days after the holder is given the notice.\n- (a) that the Minister proposes to take noncompliance action against the holder;\n- (b) the types of noncompliance action that may be taken against the holder and the type likely to be taken;\n- (c) the grounds for taking noncompliance action against the holder;\n- (d) the facts and circumstances that are the basis for the grounds;\n- (e) that the holder may within a stated period make submissions to the Minister about the proposal to take noncompliance action.\n- (a) if the noncompliance action is likely to include amending the GHG authority—the likely amendment;\n- (b) the amount of any likely reduction of the GHG authority’s area.","sortOrder":532},{"sectionNumber":"sec.382","sectionType":"section","heading":"Considering submissions","content":"### sec.382 Considering submissions\n\nThe Minister must consider any submissions made by the holder within the period stated in the notice given under section 381 .\nIf the Minister decides not to take noncompliance action the Minister must, as soon as practicable, give the holder a notice of the decision.\n(sec.382-ssec.1) The Minister must consider any submissions made by the holder within the period stated in the notice given under section 381 .\n(sec.382-ssec.2) If the Minister decides not to take noncompliance action the Minister must, as soon as practicable, give the holder a notice of the decision.","sortOrder":533},{"sectionNumber":"sec.383","sectionType":"section","heading":"Decision on proposed noncompliance action","content":"### sec.383 Decision on proposed noncompliance action\n\nIf after complying with section 382 , the Minister still believes a ground exists to take noncompliance action, the Minister may decide to take noncompliance action for the GHG authority relating to a ground stated in the notice given under section 381 .\nThe Minister must in deciding whether to take the action have regard to whether the holder is a suitable person to hold or continue to hold the GHG authority.\nIn considering whether the holder is a suitable person to hold or to continue to hold the GHG authority the Minister must consider any criteria for deciding whether to grant an GHG authority of the same type.\n(sec.383-ssec.1) If after complying with section 382 , the Minister still believes a ground exists to take noncompliance action, the Minister may decide to take noncompliance action for the GHG authority relating to a ground stated in the notice given under section 381 .\n(sec.383-ssec.2) The Minister must in deciding whether to take the action have regard to whether the holder is a suitable person to hold or continue to hold the GHG authority.\n(sec.383-ssec.3) In considering whether the holder is a suitable person to hold or to continue to hold the GHG authority the Minister must consider any criteria for deciding whether to grant an GHG authority of the same type.","sortOrder":534},{"sectionNumber":"sec.384","sectionType":"section","heading":"Notice and taking effect of decision","content":"### sec.384 Notice and taking effect of decision\n\nIf the Minister makes a decision under section 383 , the person must after making the decision give an information notice about the decision to—\nthe holder; and\nany other person who holds an interest in the GHG authority recorded in the register.\nGenerally, the decision takes effect on the later of the following—\nthe day the holder is given the information notice;\na later day of effect stated in the notice.\nHowever, if the decision was to cancel the GHG authority, the decision does not take effect until the end of the appeal period for the decision.\ns 384 amd 2010 No. 31 s 408 sch 2 pt 1 ; 2014 No. 47 s 337\n(sec.384-ssec.1) If the Minister makes a decision under section 383 , the person must after making the decision give an information notice about the decision to— the holder; and any other person who holds an interest in the GHG authority recorded in the register.\n(sec.384-ssec.2) Generally, the decision takes effect on the later of the following— the day the holder is given the information notice; a later day of effect stated in the notice.\n(sec.384-ssec.3) However, if the decision was to cancel the GHG authority, the decision does not take effect until the end of the appeal period for the decision.\n- (a) the holder; and\n- (b) any other person who holds an interest in the GHG authority recorded in the register.\n- (a) the day the holder is given the information notice;\n- (b) a later day of effect stated in the notice.","sortOrder":535},{"sectionNumber":"sec.385","sectionType":"section","heading":"Consequence of failure to comply with relinquishment requirement","content":"### sec.385 Consequence of failure to comply with relinquishment requirement\n\nThis section applies if—\nnoncompliance action taken is a requirement under section 379 (1) (b) , of a GHG authority holder; and\nthe requirement is not complied with.\nThe Minister must give the holder a notice requiring the holder to comply with the requirement under section 379 (1) (b) within 20 business days after the giving of the notice.\nIf the holder does not comply with the requirement under the notice, the GHG authority is cancelled.\nHowever, the cancellation does not take effect until the Minister gives the holder a notice stating that the GHG authority has been cancelled because of the operation of subsection (3) .\n(sec.385-ssec.1) This section applies if— noncompliance action taken is a requirement under section 379 (1) (b) , of a GHG authority holder; and the requirement is not complied with.\n(sec.385-ssec.2) The Minister must give the holder a notice requiring the holder to comply with the requirement under section 379 (1) (b) within 20 business days after the giving of the notice.\n(sec.385-ssec.3) If the holder does not comply with the requirement under the notice, the GHG authority is cancelled.\n(sec.385-ssec.4) However, the cancellation does not take effect until the Minister gives the holder a notice stating that the GHG authority has been cancelled because of the operation of subsection (3) .\n- (a) noncompliance action taken is a requirement under section 379 (1) (b) , of a GHG authority holder; and\n- (b) the requirement is not complied with.","sortOrder":536},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"General offences","content":"# General offences","sortOrder":537},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Restrictions relating to GHG storage activities","content":"## Restrictions relating to GHG storage activities","sortOrder":538},{"sectionNumber":"sec.386","sectionType":"section","heading":"Restriction on GHG storage activities","content":"### sec.386 Restriction on GHG storage activities\n\nA person must not carry out a GHG storage activity in relation to land unless—\nthe activity is carried out under a GHG authority or a serious situation direction; or\nthe carrying out of the activity is necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or\nthe activity is the construction or operation of a GHG stream pipeline carried out under a pipeline licence; or\nthe person—\nis carrying out the activity for the State; and\nhas, under section 420 , been authorised for that purpose; and\nis acting within the scope of that authority.\nMaximum penalty—2000 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may commit an offence against section 393 .\nIf the activity is injecting a GHG stream into an underground reservoir, it is a defence to a proceeding for an offence against subsection (1) for the defendant to prove that the injection—\nwas for the purpose of enhanced petroleum recovery and was authorised under the 1923 Act or the P&G Act ; and\nwas for the purpose of production testing or geothermal production under the Geothermal Act and was authorised under that Act.\ns 386 amd 2010 No. 31 s 515 ; 2013 No. 51 s 229 sch 1\n(sec.386-ssec.1) A person must not carry out a GHG storage activity in relation to land unless— the activity is carried out under a GHG authority or a serious situation direction; or the carrying out of the activity is necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or the activity is the construction or operation of a GHG stream pipeline carried out under a pipeline licence; or the person— is carrying out the activity for the State; and has, under section 420 , been authorised for that purpose; and is acting within the scope of that authority. Maximum penalty—2000 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may commit an offence against section 393 .\n(sec.386-ssec.2) If the activity is injecting a GHG stream into an underground reservoir, it is a defence to a proceeding for an offence against subsection (1) for the defendant to prove that the injection— was for the purpose of enhanced petroleum recovery and was authorised under the 1923 Act or the P&G Act ; and was for the purpose of production testing or geothermal production under the Geothermal Act and was authorised under that Act.\n- (a) the activity is carried out under a GHG authority or a serious situation direction; or\n- (b) the carrying out of the activity is necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or\n- (c) the activity is the construction or operation of a GHG stream pipeline carried out under a pipeline licence; or\n- (d) the person— (i) is carrying out the activity for the State; and (ii) has, under section 420 , been authorised for that purpose; and (iii) is acting within the scope of that authority.\n- (i) is carrying out the activity for the State; and\n- (ii) has, under section 420 , been authorised for that purpose; and\n- (iii) is acting within the scope of that authority.\n- (i) is carrying out the activity for the State; and\n- (ii) has, under section 420 , been authorised for that purpose; and\n- (iii) is acting within the scope of that authority.\n- (a) was for the purpose of enhanced petroleum recovery and was authorised under the 1923 Act or the P&G Act ; and\n- (b) was for the purpose of production testing or geothermal production under the Geothermal Act and was authorised under that Act.","sortOrder":539},{"sectionNumber":"sec.387","sectionType":"section","heading":"GHG tenure holder’s measurement obligations","content":"### sec.387 GHG tenure holder’s measurement obligations\n\nThe holder of a GHG tenure must ensure—\nGHG streams used for GHG stream storage in the GHG tenure’s area are measured by a meter; and\nthe meter complies with any requirements prescribed under a regulation; and\nthe measurement is made at the times and in the way prescribed under a regulation.\nMaximum penalty—500 penalty units.\n- (a) GHG streams used for GHG stream storage in the GHG tenure’s area are measured by a meter; and\n- (b) the meter complies with any requirements prescribed under a regulation; and\n- (c) the measurement is made at the times and in the way prescribed under a regulation.","sortOrder":540},{"sectionNumber":"sec.388","sectionType":"section","heading":"Duty to avoid interference in carrying out GHG storage activities","content":"### sec.388 Duty to avoid interference in carrying out GHG storage activities\n\nA person who carries out an authorised activity for a GHG authority must carry out the activity in a way that does not unreasonably interfere with anyone else carrying out a lawful activity.\nMaximum penalty—500 penalty units.","sortOrder":541},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Interference with authorised activities","content":"## Interference with authorised activities","sortOrder":542},{"sectionNumber":"sec.389","sectionType":"section","heading":"Obstruction of GHG authority holder","content":"### sec.389 Obstruction of GHG authority holder\n\nA person must not without reasonable excuse obstruct a GHG authority holder from—\nentering or crossing land to carry out an authorised activity for the GHG authority if the Common Provisions Act , chapter 3 to the extent the chapter is relevant, has been complied with for the entry; or\ncarrying out an authorised activity for the GHG authority on the land.\nMaximum penalty—500 penalty units.\nIf a person has obstructed a GHG authority holder from carrying out an activity mentioned in subsection (1) and the holder decides to proceed with the carrying out of the activity, the holder must warn the person that—\nit is an offence to obstruct the holder unless the person has a reasonable excuse; and\nthe holder considers the person’s conduct is an obstruction.\nIn this section—\nobstruct includes assault, hinder, resist and attempt or threaten to assault, hinder, resist.\ns 389 amd 2014 No. 47 s 332\n(sec.389-ssec.1) A person must not without reasonable excuse obstruct a GHG authority holder from— entering or crossing land to carry out an authorised activity for the GHG authority if the Common Provisions Act , chapter 3 to the extent the chapter is relevant, has been complied with for the entry; or carrying out an authorised activity for the GHG authority on the land. Maximum penalty—500 penalty units.\n(sec.389-ssec.2) If a person has obstructed a GHG authority holder from carrying out an activity mentioned in subsection (1) and the holder decides to proceed with the carrying out of the activity, the holder must warn the person that— it is an offence to obstruct the holder unless the person has a reasonable excuse; and the holder considers the person’s conduct is an obstruction.\n(sec.389-ssec.3) In this section— obstruct includes assault, hinder, resist and attempt or threaten to assault, hinder, resist.\n- (a) entering or crossing land to carry out an authorised activity for the GHG authority if the Common Provisions Act , chapter 3 to the extent the chapter is relevant, has been complied with for the entry; or\n- (b) carrying out an authorised activity for the GHG authority on the land.\n- (a) it is an offence to obstruct the holder unless the person has a reasonable excuse; and\n- (b) the holder considers the person’s conduct is an obstruction.","sortOrder":543},{"sectionNumber":"sec.390","sectionType":"section","heading":"Restriction on building on pipeline land for GHG tenure","content":"### sec.390 Restriction on building on pipeline land for GHG tenure\n\nThis section applies if land is pipeline land for 1 or more GHG tenures.\nA person other than a holder of any of the GHG tenures must not construct or place a structure on the land unless all the GHG tenure holders consent.\nMaximum penalty—500 penalty units.\ns 390 amd 2019 No. 17 s 202\n(sec.390-ssec.1) This section applies if land is pipeline land for 1 or more GHG tenures.\n(sec.390-ssec.2) A person other than a holder of any of the GHG tenures must not construct or place a structure on the land unless all the GHG tenure holders consent. Maximum penalty—500 penalty units.","sortOrder":544},{"sectionNumber":"sec.391","sectionType":"section","heading":"Restriction on changing surface of pipeline land for a GHG tenure","content":"### sec.391 Restriction on changing surface of pipeline land for a GHG tenure\n\nA person must not change the surface of pipeline land for a GHG tenure in a way that changes or may cause a change to the depth of burial of a pipeline unless—\nthe GHG tenure holder consents; or\nthe change is necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or\nthe change is a change to a public road by or for its public road authority; or\nthe person has a reasonable excuse.\nMaximum penalty—500 penalty units.\n- (a) the GHG tenure holder consents; or\n- (b) the change is necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or\n- (c) the change is a change to a public road by or for its public road authority; or\n- (d) the person has a reasonable excuse.","sortOrder":545},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Other offences","content":"## Other offences","sortOrder":546},{"sectionNumber":"sec.392","sectionType":"section","heading":"False or misleading information","content":"### sec.392 False or misleading information\n\nA person must not make an entry in a document required to be kept under this Act knowing the entry is false or misleading in a material particular.\nMaximum penalty—500 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 393A , to have also committed the offence.\nA person of whom a direction or requirement under this Act has been made must not state anything or give a document or thing in response to the direction or requirement that the person knows is false or misleading in a material particular.\nMaximum penalty—500 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 393A , to have also committed the offence.\ns 392 amd 2013 No. 51 s 229 sch 1\n(sec.392-ssec.1) A person must not make an entry in a document required to be kept under this Act knowing the entry is false or misleading in a material particular. Maximum penalty—500 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 393A , to have also committed the offence.\n(sec.392-ssec.2) A person of whom a direction or requirement under this Act has been made must not state anything or give a document or thing in response to the direction or requirement that the person knows is false or misleading in a material particular. Maximum penalty—500 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 393A , to have also committed the offence.","sortOrder":547},{"sectionNumber":"sec.393","sectionType":"section","heading":"Liability of executive officer—offence committed by corporation against s 386 (1)","content":"### sec.393 Liability of executive officer—offence committed by corporation against s 386 (1)\n\nAn executive officer of a corporation commits an offence if—\nthe corporation commits an offence against section 386 (1) ; and\nthe officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\nMaximum penalty—the penalty for a contravention of section 386 (1) by an individual.\nIn deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to—\nwhether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 386 (1) ; and\nwhether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 386 (1) ; and\nany other relevant matter.\nThe executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 386 (1) .\nThis section does not affect—\nthe liability of the corporation for the offence against section 386 (1) ; or\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 386 (1) .\ns 393 amd 2010 No. 31 s 437 sch 2 pt 2 ; 2012 No. 20 s 125 sch 1\nsub 2013 No. 51 s 60\n(sec.393-ssec.1) An executive officer of a corporation commits an offence if— the corporation commits an offence against section 386 (1) ; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of section 386 (1) by an individual.\n(sec.393-ssec.2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 386 (1) ; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 386 (1) ; and any other relevant matter.\n(sec.393-ssec.3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 386 (1) .\n(sec.393-ssec.4) This section does not affect— the liability of the corporation for the offence against section 386 (1) ; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 386 (1) .\n- (a) the corporation commits an offence against section 386 (1) ; and\n- (b) the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\n- (a) whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 386 (1) ; and\n- (b) whether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 386 (1) ; and\n- (c) any other relevant matter.\n- (a) the liability of the corporation for the offence against section 386 (1) ; or\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against section 386 (1) .","sortOrder":548},{"sectionNumber":"sec.393A","sectionType":"section","heading":"Executive officer may be taken to have committed offence","content":"### sec.393A Executive officer may be taken to have committed offence\n\nIf a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if—\nthe officer authorised or permitted the corporation’s conduct constituting the offence; or\nthe officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\nThe executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\nThis section does not affect either of the following—\nthe liability of the corporation for the offence against the deemed executive liability provision;\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\nIn this section—\ndeemed executive liability provision means any of the following provisions—\nsection 264\nsection 334 (3)\nsection 392 (1)\nsection 392 (2) .\ns 393A ins 2013 No. 51 s 60\n(sec.393A-ssec.1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n(sec.393A-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.393A-ssec.3) This section does not affect either of the following— the liability of the corporation for the offence against the deemed executive liability provision; the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n(sec.393A-ssec.4) In this section— deemed executive liability provision means any of the following provisions— section 264 section 334 (3) section 392 (1) section 392 (2) .\n- (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or\n- (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n- (a) the liability of the corporation for the offence against the deemed executive liability provision;\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n- • section 264\n- • section 334 (3)\n- • section 392 (1)\n- • section 392 (2) .","sortOrder":549},{"sectionNumber":"sec.394","sectionType":"section","heading":"Attempts to commit offences","content":"### sec.394 Attempts to commit offences\n\nA person who attempts to commit an offence against this Act commits an offence.\nMaximum penalty for an attempt—half the maximum penalty for the completed offence.\nThe Criminal Code , section 4 applies to subsection (1) .\n(sec.394-ssec.1) A person who attempts to commit an offence against this Act commits an offence. Maximum penalty for an attempt—half the maximum penalty for the completed offence.\n(sec.394-ssec.2) The Criminal Code , section 4 applies to subsection (1) .","sortOrder":550},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Appeals","content":"# Appeals","sortOrder":551},{"sectionNumber":"sec.395","sectionType":"section","heading":"Who may appeal","content":"### sec.395 Who may appeal\n\nA person whose interests are affected by a decision of the Minister identified in schedule 1 may appeal against the decision to the Land Court.\nFor this section, a person who has been given or is entitled to be given an information notice about a decision is taken to be a person whose interests are affected by the decision.\n(sec.395-ssec.1) A person whose interests are affected by a decision of the Minister identified in schedule 1 may appeal against the decision to the Land Court.\n(sec.395-ssec.2) For this section, a person who has been given or is entitled to be given an information notice about a decision is taken to be a person whose interests are affected by the decision.","sortOrder":552},{"sectionNumber":"sec.396","sectionType":"section","heading":"Period to appeal","content":"### sec.396 Period to appeal\n\nThe appeal must be started within 20 business days after—\nfor an appeal from a review decision—\nif the person has been given a review notice about the review decision to which the appeal relates—the day the person is given the notice; or\nif subparagraph (i) does not apply—the day the person otherwise becomes aware of the review decision; or\nfor an appeal from another decision—\nif the person has been given an information notice about the decision—the day the person is given the notice; or\nif subparagraph (i) does not apply—the day the person otherwise becomes aware of the decision.\nHowever, the Land Court may at any time within the 20 business days extend the period for making an appeal.\n(sec.396-ssec.1) The appeal must be started within 20 business days after— for an appeal from a review decision— if the person has been given a review notice about the review decision to which the appeal relates—the day the person is given the notice; or if subparagraph (i) does not apply—the day the person otherwise becomes aware of the review decision; or for an appeal from another decision— if the person has been given an information notice about the decision—the day the person is given the notice; or if subparagraph (i) does not apply—the day the person otherwise becomes aware of the decision.\n(sec.396-ssec.2) However, the Land Court may at any time within the 20 business days extend the period for making an appeal.\n- (a) for an appeal from a review decision— (i) if the person has been given a review notice about the review decision to which the appeal relates—the day the person is given the notice; or (ii) if subparagraph (i) does not apply—the day the person otherwise becomes aware of the review decision; or\n- (i) if the person has been given a review notice about the review decision to which the appeal relates—the day the person is given the notice; or\n- (ii) if subparagraph (i) does not apply—the day the person otherwise becomes aware of the review decision; or\n- (b) for an appeal from another decision— (i) if the person has been given an information notice about the decision—the day the person is given the notice; or (ii) if subparagraph (i) does not apply—the day the person otherwise becomes aware of the decision.\n- (i) if the person has been given an information notice about the decision—the day the person is given the notice; or\n- (ii) if subparagraph (i) does not apply—the day the person otherwise becomes aware of the decision.\n- (i) if the person has been given a review notice about the review decision to which the appeal relates—the day the person is given the notice; or\n- (ii) if subparagraph (i) does not apply—the day the person otherwise becomes aware of the review decision; or\n- (i) if the person has been given an information notice about the decision—the day the person is given the notice; or\n- (ii) if subparagraph (i) does not apply—the day the person otherwise becomes aware of the decision.","sortOrder":553},{"sectionNumber":"sec.397","sectionType":"section","heading":"Starting appeal","content":"### sec.397 Starting appeal\n\nThe appeal is started by filing a written notice of appeal with the Land Court.\nThe appellant must give the chief executive a copy of the notice.\n(sec.397-ssec.1) The appeal is started by filing a written notice of appeal with the Land Court.\n(sec.397-ssec.2) The appellant must give the chief executive a copy of the notice.","sortOrder":554},{"sectionNumber":"sec.398","sectionType":"section","heading":"Stay of operation of decision","content":"### sec.398 Stay of operation of decision\n\nThe Land Court may grant a stay of the decision to secure the effectiveness of the appeal.\nA stay—\nmay be given on the conditions the Land Court considers appropriate; and\noperates for the period fixed by the Land Court; and\nmay be amended or cancelled by the Land Court.\nThe period of a stay under this section must not extend past the time when the Land Court decides the appeal.\nThe appeal affects the decision or carrying out of the decision only if it is stayed.\n(sec.398-ssec.1) The Land Court may grant a stay of the decision to secure the effectiveness of the appeal.\n(sec.398-ssec.2) A stay— may be given on the conditions the Land Court considers appropriate; and operates for the period fixed by the Land Court; and may be amended or cancelled by the Land Court.\n(sec.398-ssec.3) The period of a stay under this section must not extend past the time when the Land Court decides the appeal.\n(sec.398-ssec.4) The appeal affects the decision or carrying out of the decision only if it is stayed.\n- (a) may be given on the conditions the Land Court considers appropriate; and\n- (b) operates for the period fixed by the Land Court; and\n- (c) may be amended or cancelled by the Land Court.","sortOrder":555},{"sectionNumber":"sec.399","sectionType":"section","heading":"Hearing procedures","content":"### sec.399 Hearing procedures\n\nIn deciding an appeal, the Land Court—\nhas the same powers as the Minister; and\nis not bound by the rules of evidence; and\nmust comply with natural justice; and\nmay hear the appeal in court or in chambers.\nAn appeal is by way of rehearing unaffected by the decision.\nSubject to subsections (1) and (2) , the procedure for the appeal is—\nin accordance with the rules for the Land Court; or\nin the absence of relevant rules, as directed by the Land Court.\nA power under an Act to make rules for the Land Court includes power to make rules for appeals under this part.\n(sec.399-ssec.1) In deciding an appeal, the Land Court— has the same powers as the Minister; and is not bound by the rules of evidence; and must comply with natural justice; and may hear the appeal in court or in chambers.\n(sec.399-ssec.2) An appeal is by way of rehearing unaffected by the decision.\n(sec.399-ssec.3) Subject to subsections (1) and (2) , the procedure for the appeal is— in accordance with the rules for the Land Court; or in the absence of relevant rules, as directed by the Land Court.\n(sec.399-ssec.4) A power under an Act to make rules for the Land Court includes power to make rules for appeals under this part.\n- (a) has the same powers as the Minister; and\n- (b) is not bound by the rules of evidence; and\n- (c) must comply with natural justice; and\n- (d) may hear the appeal in court or in chambers.\n- (a) in accordance with the rules for the Land Court; or\n- (b) in the absence of relevant rules, as directed by the Land Court.","sortOrder":556},{"sectionNumber":"sec.400","sectionType":"section","heading":"Land Court’s powers on appeal","content":"### sec.400 Land Court’s powers on appeal\n\nSubject to section 401 , in deciding an appeal the Land Court may—\nconfirm the decision; or\nset aside the decision and substitute another decision; or\nset aside the decision and return the issue to the Minister with the directions the Land Court considers appropriate.\nIf the Land Court substitutes another decision, the substituted decision is for this Act other than this part taken to be the decision of the Minister.\n(sec.400-ssec.1) Subject to section 401 , in deciding an appeal the Land Court may— confirm the decision; or set aside the decision and substitute another decision; or set aside the decision and return the issue to the Minister with the directions the Land Court considers appropriate.\n(sec.400-ssec.2) If the Land Court substitutes another decision, the substituted decision is for this Act other than this part taken to be the decision of the Minister.\n- (a) confirm the decision; or\n- (b) set aside the decision and substitute another decision; or\n- (c) set aside the decision and return the issue to the Minister with the directions the Land Court considers appropriate.","sortOrder":557},{"sectionNumber":"sec.401","sectionType":"section","heading":"Restriction on Land Court’s powers for decision not to grant GHG lease","content":"### sec.401 Restriction on Land Court’s powers for decision not to grant GHG lease\n\nThis section applies if the Land Court is deciding an appeal against a decision not to grant a GHG lease.\nThe Land Court can not exercise a power mentioned in section 400 (1) (b) or (c) in relation to the decision on the ground that any resource management decision for the application for the GHG lease was to give overlapping authority priority, in whole or part.\n(sec.401-ssec.1) This section applies if the Land Court is deciding an appeal against a decision not to grant a GHG lease.\n(sec.401-ssec.2) The Land Court can not exercise a power mentioned in section 400 (1) (b) or (c) in relation to the decision on the ground that any resource management decision for the application for the GHG lease was to give overlapping authority priority, in whole or part.","sortOrder":558},{"sectionNumber":"sec.402","sectionType":"section","heading":null,"content":"### Section sec.402\n\ns 402 om 2010 No. 31 s 408 sch 2 pt 1","sortOrder":559},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Evidence and legal proceedings","content":"# Evidence and legal proceedings","sortOrder":560},{"sectionNumber":"ch.6-pt.4-div.1","sectionType":"division","heading":"Evidentiary provisions","content":"## Evidentiary provisions","sortOrder":561},{"sectionNumber":"sec.403","sectionType":"section","heading":"Application of div 1","content":"### sec.403 Application of div 1\n\nThis division applies to a proceeding under or in relation to this Act.","sortOrder":562},{"sectionNumber":"sec.404","sectionType":"section","heading":"Authority","content":"### sec.404 Authority\n\nThe power of the Minister or chief executive to do anything under this Act must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it.","sortOrder":563},{"sectionNumber":"sec.405","sectionType":"section","heading":"Signatures","content":"### sec.405 Signatures\n\nA signature purporting to be the signature of the Minister or the chief executive is evidence of the signature it purports to be.","sortOrder":564},{"sectionNumber":"sec.406","sectionType":"section","heading":"Other evidentiary aids","content":"### sec.406 Other evidentiary aids\n\nA certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—\nthat a stated document of any of the following types is a document given, issued, kept or made under this Act—\nan appointment, approval or decision;\na direction, notice or requirement;\na GHG authority;\na report;\nanother record;\nthat a stated document is a register kept under the Common Provisions Act ;\nthat a stated document is another document kept under this Act;\nthat a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ;\nthat on a stated day—\na stated person was given a stated decision, direction or notice under this Act; or\na stated requirement under this Act was made of a stated person;\nthat on a stated day or during a stated period a GHG authority—\nwas or was not in force; or\nwas or was not subject to a stated condition; or\nwas or was not cancelled;\nthat a stated amount is payable under this Act by a stated person and has not been paid;\nthat a stated address for the holder of a GHG authority is the last address of the holder known to the Minister or the chief executive.\ns 406 amd 2010 No. 31 s 408 sch 2 pt 1 ; 2014 No. 47 s 338\n- (a) that a stated document of any of the following types is a document given, issued, kept or made under this Act— (i) an appointment, approval or decision; (ii) a direction, notice or requirement; (iii) a GHG authority; (v) a report; (vi) another record;\n- (i) an appointment, approval or decision;\n- (ii) a direction, notice or requirement;\n- (iii) a GHG authority;\n- (v) a report;\n- (vi) another record;\n- (aa) that a stated document is a register kept under the Common Provisions Act ;\n- (b) that a stated document is another document kept under this Act;\n- (c) that a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ;\n- (d) that on a stated day— (i) a stated person was given a stated decision, direction or notice under this Act; or (ii) a stated requirement under this Act was made of a stated person;\n- (i) a stated person was given a stated decision, direction or notice under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person;\n- (e) that on a stated day or during a stated period a GHG authority— (i) was or was not in force; or (ii) was or was not subject to a stated condition; or (iii) was or was not cancelled;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition; or\n- (iii) was or was not cancelled;\n- (f) that a stated amount is payable under this Act by a stated person and has not been paid;\n- (g) that a stated address for the holder of a GHG authority is the last address of the holder known to the Minister or the chief executive.\n- (i) an appointment, approval or decision;\n- (ii) a direction, notice or requirement;\n- (iii) a GHG authority;\n- (v) a report;\n- (vi) another record;\n- (i) a stated person was given a stated decision, direction or notice under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated condition; or\n- (iii) was or was not cancelled;","sortOrder":565},{"sectionNumber":"ch.6-pt.4-div.2","sectionType":"division","heading":"Offence proceedings","content":"## Offence proceedings","sortOrder":566},{"sectionNumber":"sec.407","sectionType":"section","heading":"Offences under Act are summary","content":"### sec.407 Offences under Act are summary\n\nAn offence against this Act is a summary offence.\nA proceeding for an offence against this Act must be started within—\n1 year after the commission of the offence; or\n1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\ns 407 amd 2020 No. 14 s 53\n(sec.407-ssec.1) An offence against this Act is a summary offence.\n(sec.407-ssec.2) A proceeding for an offence against this Act must be started within— 1 year after the commission of the offence; or 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) 1 year after the commission of the offence; or\n- (b) 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":567},{"sectionNumber":"sec.408","sectionType":"section","heading":"Statement of complainant’s knowledge","content":"### sec.408 Statement of complainant’s knowledge\n\nIn a complaint starting a proceeding for an offence against this Act, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence the matter came to the complainant’s knowledge on that day.","sortOrder":568},{"sectionNumber":"sec.409","sectionType":"section","heading":"Conduct of representatives","content":"### sec.409 Conduct of representatives\n\nThis section applies to a proceeding for an offence against this Act if it is relevant to prove a person’s state of mind about particular conduct.\nIt is enough to show—\nthe conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nConduct engaged in for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been engaged in also by the person unless the person proves—\nif the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct; or\nthe person was not in a position to influence the representative in relation to the conduct.\nIn this section—\nengaging in conduct includes failing to engage in conduct.\nrepresentative means—\nfor a corporation—an agent, employee or executive officer of the corporation; or\nfor an individual—an agent or employee of the individual.\nstate of mind , of a person, includes the person’s—\nbelief, intention, knowledge, opinion or purpose; and\nreasons for the belief, intention, opinion or purpose.\n(sec.409-ssec.1) This section applies to a proceeding for an offence against this Act if it is relevant to prove a person’s state of mind about particular conduct.\n(sec.409-ssec.2) It is enough to show— the conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.409-ssec.3) Conduct engaged in for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been engaged in also by the person unless the person proves— if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct; or the person was not in a position to influence the representative in relation to the conduct.\n(sec.409-ssec.4) In this section— engaging in conduct includes failing to engage in conduct. representative means— for a corporation—an agent, employee or executive officer of the corporation; or for an individual—an agent or employee of the individual. state of mind , of a person, includes the person’s— belief, intention, knowledge, opinion or purpose; and reasons for the belief, intention, opinion or purpose.\n- (a) the conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct; or\n- (b) the person was not in a position to influence the representative in relation to the conduct.\n- (a) for a corporation—an agent, employee or executive officer of the corporation; or\n- (b) for an individual—an agent or employee of the individual.\n- (a) belief, intention, knowledge, opinion or purpose; and\n- (b) reasons for the belief, intention, opinion or purpose.","sortOrder":569},{"sectionNumber":"sec.410","sectionType":"section","heading":"Additional orders that may be made on conviction","content":"### sec.410 Additional orders that may be made on conviction\n\nIf a court convicts a person for an offence against this Act, it may—\norder the forfeiture to the State of—\nanything used to commit the offence; or\nanything else the subject of the offence; and\nmake any order to enforce the forfeiture it considers appropriate; and\norder the person to pay the State the amount of costs it incurred for remedial work that was necessary or desirable because of the commission of the offence.\nForfeiture of a thing may be ordered—\nwhether or not it has been seized under this Act; and\nif it has been seized under this Act, whether or not it has been returned to its owner.\n(sec.410-ssec.1) If a court convicts a person for an offence against this Act, it may— order the forfeiture to the State of— anything used to commit the offence; or anything else the subject of the offence; and make any order to enforce the forfeiture it considers appropriate; and order the person to pay the State the amount of costs it incurred for remedial work that was necessary or desirable because of the commission of the offence.\n(sec.410-ssec.2) Forfeiture of a thing may be ordered— whether or not it has been seized under this Act; and if it has been seized under this Act, whether or not it has been returned to its owner.\n- (a) order the forfeiture to the State of— (i) anything used to commit the offence; or (ii) anything else the subject of the offence; and\n- (i) anything used to commit the offence; or\n- (ii) anything else the subject of the offence; and\n- (b) make any order to enforce the forfeiture it considers appropriate; and\n- (c) order the person to pay the State the amount of costs it incurred for remedial work that was necessary or desirable because of the commission of the offence.\n- (i) anything used to commit the offence; or\n- (ii) anything else the subject of the offence; and\n- (a) whether or not it has been seized under this Act; and\n- (b) if it has been seized under this Act, whether or not it has been returned to its owner.","sortOrder":570},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Applications, lodging documents and making submissions","content":"# Applications, lodging documents and making submissions","sortOrder":571},{"sectionNumber":"sec.411","sectionType":"section","heading":"Place or way for making applications, lodging documents or making submissions","content":"### sec.411 Place or way for making applications, lodging documents or making submissions\n\nThis section applies to any of the following under this Act—\nthe making of an application;\nthe giving of a document to the Minister or the chief executive;\nthe making of a submission.\nThe application, document or submission may be made or given only—\nat the following place—\nthe office of the department provided for under the relevant approved form for that purpose;\nif the relevant approved form does not make provision as mentioned in subparagraph (i) or if there is no relevant approved form—the office of the department notified on the department’s website; or\nin the way prescribed under a regulation.\nWithout limiting subsection (2) (b) , the way prescribed under a regulation may include making or giving the application, document or submission at another place.\nThis section does not apply to the following—\nthe making of an application to the Land Court;\nthe giving of a document that, under this Act, must be given in the required way for giving reports to the chief executive.\ns 411 amd 2012 No. 20 s 148\n(sec.411-ssec.1) This section applies to any of the following under this Act— the making of an application; the giving of a document to the Minister or the chief executive; the making of a submission.\n(sec.411-ssec.2) The application, document or submission may be made or given only— at the following place— the office of the department provided for under the relevant approved form for that purpose; if the relevant approved form does not make provision as mentioned in subparagraph (i) or if there is no relevant approved form—the office of the department notified on the department’s website; or in the way prescribed under a regulation.\n(sec.411-ssec.3) Without limiting subsection (2) (b) , the way prescribed under a regulation may include making or giving the application, document or submission at another place.\n(sec.411-ssec.4) This section does not apply to the following— the making of an application to the Land Court; the giving of a document that, under this Act, must be given in the required way for giving reports to the chief executive.\n- (a) the making of an application;\n- (b) the giving of a document to the Minister or the chief executive;\n- (c) the making of a submission.\n- (a) at the following place— (i) the office of the department provided for under the relevant approved form for that purpose; (ii) if the relevant approved form does not make provision as mentioned in subparagraph (i) or if there is no relevant approved form—the office of the department notified on the department’s website; or\n- (i) the office of the department provided for under the relevant approved form for that purpose;\n- (ii) if the relevant approved form does not make provision as mentioned in subparagraph (i) or if there is no relevant approved form—the office of the department notified on the department’s website; or\n- (b) in the way prescribed under a regulation.\n- (i) the office of the department provided for under the relevant approved form for that purpose;\n- (ii) if the relevant approved form does not make provision as mentioned in subparagraph (i) or if there is no relevant approved form—the office of the department notified on the department’s website; or\n- (a) the making of an application to the Land Court;\n- (b) the giving of a document that, under this Act, must be given in the required way for giving reports to the chief executive.","sortOrder":572},{"sectionNumber":"sec.412","sectionType":"section","heading":"Requirements for making an application","content":"### sec.412 Requirements for making an application\n\nThe Minister must refuse to receive or process a purported application, other than to the Land Court, not made under the requirements under this Act for making the application.\nHowever, the Minister may decide to allow the application to proceed and be decided as if it did comply with the requirements if the Minister is satisfied the application substantially complies with the requirements.\nIf the Minister decides to refuse to receive or process the purported application—\nthe Minister must give the applicant written notice of the decision and the reasons for it; and\nthe chief executive must refund the application fee to the applicant.\ns 412 sub 2012 No. 20 s 149\n(sec.412-ssec.1) The Minister must refuse to receive or process a purported application, other than to the Land Court, not made under the requirements under this Act for making the application.\n(sec.412-ssec.2) However, the Minister may decide to allow the application to proceed and be decided as if it did comply with the requirements if the Minister is satisfied the application substantially complies with the requirements.\n(sec.412-ssec.3) If the Minister decides to refuse to receive or process the purported application— the Minister must give the applicant written notice of the decision and the reasons for it; and the chief executive must refund the application fee to the applicant.\n- (a) the Minister must give the applicant written notice of the decision and the reasons for it; and\n- (b) the chief executive must refund the application fee to the applicant.","sortOrder":573},{"sectionNumber":"sec.413","sectionType":"section","heading":"Request to applicant about application","content":"### sec.413 Request to applicant about application\n\nFor an application under this Act, the chief executive may, by notice, require the applicant to do all or any of the following within a stated reasonable period—\ncomplete or correct the application if it appears to the chief executive to be incorrect, incomplete or defective;\ngive the chief executive or a stated officer of the department additional information about, or relevant to, the application;\nThe application is for a GHG tenure. The chief executive may require a document, prepared by an appropriately qualified person, independently verifying geological or predictive migration data given in the proposed work program or development plan for the GHG tenure.\ngive the chief executive or a stated officer of the department an independent report by an appropriately qualified person, or a statement or statutory declaration, verifying all or any of the following—\nany information included in the application;\nany additional information required under paragraph (b) ;\nif the application is for a GHG tenure—that the applicant meets the relevant capability criteria under chapter 2 or 3 .\nFor subsection (1) (b) , if the application is for a GHG authority, a required document may include a survey or resurvey of the area of the proposed authority carried out by a person who is a cadastral surveyor under the Surveyors Act 2003 .\nFor subsection (1) (c) , the notice may require the statement or statutory declaration—\nto be made by an appropriately qualified independent person or by the applicant; and\nif the applicant is a corporation—to be made for the applicant by an executive officer of the applicant.\nThe giving of a statement for subsection (1) (c) does not prevent the chief executive from also requiring a statutory declaration for the subsection.\nThe applicant must bear any costs incurred in complying with the notice.\nThe chief executive may extend the period for complying with the notice.\nIn this section—\napplication does not include an application to the Land Court.\ninformation includes a document.\ns 413 amd 2010 No. 31 s 516\nsub 2012 No. 20 s 149\n(sec.413-ssec.1) For an application under this Act, the chief executive may, by notice, require the applicant to do all or any of the following within a stated reasonable period— complete or correct the application if it appears to the chief executive to be incorrect, incomplete or defective; give the chief executive or a stated officer of the department additional information about, or relevant to, the application; The application is for a GHG tenure. The chief executive may require a document, prepared by an appropriately qualified person, independently verifying geological or predictive migration data given in the proposed work program or development plan for the GHG tenure. give the chief executive or a stated officer of the department an independent report by an appropriately qualified person, or a statement or statutory declaration, verifying all or any of the following— any information included in the application; any additional information required under paragraph (b) ; if the application is for a GHG tenure—that the applicant meets the relevant capability criteria under chapter 2 or 3 .\n(sec.413-ssec.2) For subsection (1) (b) , if the application is for a GHG authority, a required document may include a survey or resurvey of the area of the proposed authority carried out by a person who is a cadastral surveyor under the Surveyors Act 2003 .\n(sec.413-ssec.3) For subsection (1) (c) , the notice may require the statement or statutory declaration— to be made by an appropriately qualified independent person or by the applicant; and if the applicant is a corporation—to be made for the applicant by an executive officer of the applicant.\n(sec.413-ssec.4) The giving of a statement for subsection (1) (c) does not prevent the chief executive from also requiring a statutory declaration for the subsection.\n(sec.413-ssec.5) The applicant must bear any costs incurred in complying with the notice.\n(sec.413-ssec.6) The chief executive may extend the period for complying with the notice.\n(sec.413-ssec.7) In this section— application does not include an application to the Land Court. information includes a document.\n- (a) complete or correct the application if it appears to the chief executive to be incorrect, incomplete or defective;\n- (b) give the chief executive or a stated officer of the department additional information about, or relevant to, the application; Example— The application is for a GHG tenure. The chief executive may require a document, prepared by an appropriately qualified person, independently verifying geological or predictive migration data given in the proposed work program or development plan for the GHG tenure.\n- (c) give the chief executive or a stated officer of the department an independent report by an appropriately qualified person, or a statement or statutory declaration, verifying all or any of the following— (i) any information included in the application; (ii) any additional information required under paragraph (b) ; (iii) if the application is for a GHG tenure—that the applicant meets the relevant capability criteria under chapter 2 or 3 .\n- (i) any information included in the application;\n- (ii) any additional information required under paragraph (b) ;\n- (iii) if the application is for a GHG tenure—that the applicant meets the relevant capability criteria under chapter 2 or 3 .\n- (i) any information included in the application;\n- (ii) any additional information required under paragraph (b) ;\n- (iii) if the application is for a GHG tenure—that the applicant meets the relevant capability criteria under chapter 2 or 3 .\n- (a) to be made by an appropriately qualified independent person or by the applicant; and\n- (b) if the applicant is a corporation—to be made for the applicant by an executive officer of the applicant.","sortOrder":574},{"sectionNumber":"sec.413A","sectionType":"section","heading":"Refusing application for failure to comply with request","content":"### sec.413A Refusing application for failure to comply with request\n\nThe Minister may refuse an application if—\na notice under section 413 has been given for the application; and\nthe period stated in the notice for complying with it has ended; and\nthe request has not been complied with to the chief executive’s satisfaction.\ns 413A ins 2012 No. 20 s 149\n- (a) a notice under section 413 has been given for the application; and\n- (b) the period stated in the notice for complying with it has ended; and\n- (c) the request has not been complied with to the chief executive’s satisfaction.","sortOrder":575},{"sectionNumber":"sec.413B","sectionType":"section","heading":"Notice to progress GHG authority or renewal application","content":"### sec.413B Notice to progress GHG authority or renewal application\n\nThe Minister may by notice require an applicant for, or to renew, a GHG authority to, within a stated reasonable period, do any thing required of the applicant under this Act or another Act to allow the application to be decided or the authority to be granted or renewed.\nHowever, the period for complying with the notice must be at least 20 business days after the notice is given.\nThe Minister may extend the period for complying with the notice.\nThe Minister may refuse the application if the applicant does not comply with the requirement.\ns 413B ins 2012 No. 20 s 149\n(sec.413B-ssec.1) The Minister may by notice require an applicant for, or to renew, a GHG authority to, within a stated reasonable period, do any thing required of the applicant under this Act or another Act to allow the application to be decided or the authority to be granted or renewed.\n(sec.413B-ssec.2) However, the period for complying with the notice must be at least 20 business days after the notice is given.\n(sec.413B-ssec.3) The Minister may extend the period for complying with the notice.\n(sec.413B-ssec.4) The Minister may refuse the application if the applicant does not comply with the requirement.","sortOrder":576},{"sectionNumber":"sec.414","sectionType":"section","heading":"Particular criteria generally not exhaustive","content":"### sec.414 Particular criteria generally not exhaustive\n\nThis section applies if another provision of this Act permits or requires the Minister to consider particular criteria in deciding an application.\nTo remove any doubt, it is declared that the Minister may in making the decision consider any other criteria the Minister considers relevant.\nHowever, subsection (2) does not apply if the provision otherwise provides.\nIn this section—\ncriteria includes issues and matters.\n(sec.414-ssec.1) This section applies if another provision of this Act permits or requires the Minister to consider particular criteria in deciding an application.\n(sec.414-ssec.2) To remove any doubt, it is declared that the Minister may in making the decision consider any other criteria the Minister considers relevant.\n(sec.414-ssec.3) However, subsection (2) does not apply if the provision otherwise provides.\n(sec.414-ssec.4) In this section— criteria includes issues and matters.","sortOrder":577},{"sectionNumber":"sec.415","sectionType":"section","heading":"Particular grounds for refusal generally not exhaustive","content":"### sec.415 Particular grounds for refusal generally not exhaustive\n\nThis section applies if another provision of this Act provides for particular grounds on which the Minister may refuse an application.\nTo remove any doubt, unless the other provision otherwise provides, the person may refuse the application on another reasonable and relevant ground.\nIn this section—\nrefuse , an application, includes to refuse the thing the subject of the application.\n(sec.415-ssec.1) This section applies if another provision of this Act provides for particular grounds on which the Minister may refuse an application.\n(sec.415-ssec.2) To remove any doubt, unless the other provision otherwise provides, the person may refuse the application on another reasonable and relevant ground.\n(sec.415-ssec.3) In this section— refuse , an application, includes to refuse the thing the subject of the application.","sortOrder":578},{"sectionNumber":"sec.416","sectionType":"section","heading":"Amending applications","content":"### sec.416 Amending applications\n\nIf a person has made an application under this Act, the person may amend the application or a document accompanying the application only if—\nthe application has not been decided; and\nthe Minister has agreed to the making of the amendment; and\nif the proposed amendment is to change the applicant—each applicant and proposed applicant has agreed to the change; and\nthe person has paid any fee prescribed by regulation for the amendment.\nHowever, if the application is a tender for a GHG tenure—\na proposed work program or development plan included in the tender can not be amended after the applicant has become the preferred tenderer for the tender; and\nthe tender can not be otherwise amended after the closing time for the relevant call for tenders.\nHowever, subsection (2) (b) does not apply if—\nthe tenderer is a corporation; and\nthe change is only a change of name of the tenderer; and\nthe tenderer’s Australian company number and Australian registered business name have not changed.\nIf under subsection (1) , the application is amended to change the applicant, for the deciding of the application the applicant as changed is taken to have been the applicant from the making of the application.\ns 416 amd 2014 No. 47 s 323\n(sec.416-ssec.1) If a person has made an application under this Act, the person may amend the application or a document accompanying the application only if— the application has not been decided; and the Minister has agreed to the making of the amendment; and if the proposed amendment is to change the applicant—each applicant and proposed applicant has agreed to the change; and the person has paid any fee prescribed by regulation for the amendment.\n(sec.416-ssec.2) However, if the application is a tender for a GHG tenure— a proposed work program or development plan included in the tender can not be amended after the applicant has become the preferred tenderer for the tender; and the tender can not be otherwise amended after the closing time for the relevant call for tenders.\n(sec.416-ssec.3) However, subsection (2) (b) does not apply if— the tenderer is a corporation; and the change is only a change of name of the tenderer; and the tenderer’s Australian company number and Australian registered business name have not changed.\n(sec.416-ssec.4) If under subsection (1) , the application is amended to change the applicant, for the deciding of the application the applicant as changed is taken to have been the applicant from the making of the application.\n- (a) the application has not been decided; and\n- (b) the Minister has agreed to the making of the amendment; and\n- (c) if the proposed amendment is to change the applicant—each applicant and proposed applicant has agreed to the change; and\n- (d) the person has paid any fee prescribed by regulation for the amendment.\n- (a) a proposed work program or development plan included in the tender can not be amended after the applicant has become the preferred tenderer for the tender; and\n- (b) the tender can not be otherwise amended after the closing time for the relevant call for tenders.\n- (a) the tenderer is a corporation; and\n- (b) the change is only a change of name of the tenderer; and\n- (c) the tenderer’s Australian company number and Australian registered business name have not changed.","sortOrder":579},{"sectionNumber":"sec.417","sectionType":"section","heading":"Withdrawal of application","content":"### sec.417 Withdrawal of application\n\nA person who has made an application under this Act may give the chief executive a notice withdrawing the application at any time before any decision about the application takes effect.\nThe withdrawal takes effect when the notice is given.\nIf the applicant is a preferred tenderer for a call for tenders, the withdrawal does not affect the Minister’s power to appoint another tenderer from the tenders made in response to the call to be the preferred tenderer.\n(sec.417-ssec.1) A person who has made an application under this Act may give the chief executive a notice withdrawing the application at any time before any decision about the application takes effect.\n(sec.417-ssec.2) The withdrawal takes effect when the notice is given.\n(sec.417-ssec.3) If the applicant is a preferred tenderer for a call for tenders, the withdrawal does not affect the Minister’s power to appoint another tenderer from the tenders made in response to the call to be the preferred tenderer.","sortOrder":580},{"sectionNumber":"sec.418","sectionType":"section","heading":"Minister’s power to refund application fee","content":"### sec.418 Minister’s power to refund application fee\n\nIf an application under this Act is withdrawn, the Minister may refund all or part of any fee paid for the application.","sortOrder":581},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Other miscellaneous provisions","content":"# Other miscellaneous provisions","sortOrder":582},{"sectionNumber":"sec.419","sectionType":"section","heading":"General public interest criteria for ministerial decisions","content":"### sec.419 General public interest criteria for ministerial decisions\n\nThe Minister must consider the public interest in making a decision under this Act about an application or the granting of an approval by the Minister.\nIf—\nanother provision of this Act permits or requires the Minister to make a decision; and\nthe other provision does not require the Minister to consider the public interest;\nthe Minister may nonetheless consider the public interest in making the decision.\n(sec.419-ssec.1) The Minister must consider the public interest in making a decision under this Act about an application or the granting of an approval by the Minister.\n(sec.419-ssec.2) If— another provision of this Act permits or requires the Minister to make a decision; and the other provision does not require the Minister to consider the public interest; the Minister may nonetheless consider the public interest in making the decision.\n- (a) another provision of this Act permits or requires the Minister to make a decision; and\n- (b) the other provision does not require the Minister to consider the public interest;","sortOrder":583},{"sectionNumber":"sec.420","sectionType":"section","heading":"Provision for entry by State to carry out GHG storage activity","content":"### sec.420 Provision for entry by State to carry out GHG storage activity\n\nIf the State proposes to exercise a right under section 28 (3) (b) (i) , the right may be exercised by anyone authorised by the chief executive.\nHowever, a person authorised under subsection (1) may enter the land only if the person has given the owner of the land at least 5 business days notice of the proposed entry.\nTo remove any doubt, it is declared that subsection (2) does not apply to an inspector or authorised officer under the P&G Act performing functions under that Act relating to this Act.\ns 420 amd 2010 No. 31 s 408 sch 2 pt 1\n(sec.420-ssec.1) If the State proposes to exercise a right under section 28 (3) (b) (i) , the right may be exercised by anyone authorised by the chief executive.\n(sec.420-ssec.2) However, a person authorised under subsection (1) may enter the land only if the person has given the owner of the land at least 5 business days notice of the proposed entry.\n(sec.420-ssec.3) To remove any doubt, it is declared that subsection (2) does not apply to an inspector or authorised officer under the P&G Act performing functions under that Act relating to this Act.","sortOrder":584},{"sectionNumber":"sec.421","sectionType":"section","heading":"Name and address for service","content":"### sec.421 Name and address for service\n\nA person (the first person ) may by a signed notice given to the chief executive nominate another person (a nominated person ) at a stated address as the first person’s address for service for this Act.\nIf this Act requires or permits the Minister or chief executive to serve a notice or other document on the first person, it may be served on the first person by serving it on the last nominated person at the stated address for that person.\nIn this section—\nserve includes give.\n(sec.421-ssec.1) A person (the first person ) may by a signed notice given to the chief executive nominate another person (a nominated person ) at a stated address as the first person’s address for service for this Act.\n(sec.421-ssec.2) If this Act requires or permits the Minister or chief executive to serve a notice or other document on the first person, it may be served on the first person by serving it on the last nominated person at the stated address for that person.\n(sec.421-ssec.3) In this section— serve includes give.","sortOrder":585},{"sectionNumber":"sec.422","sectionType":"section","heading":"Additional information about reports and other matters","content":"### sec.422 Additional information about reports and other matters\n\nThis section applies if—\na person is required under this Act to give a notice or copy of a document, report or information (the advice ) with the Minister or the chief executive; and\nthe person gives the advice.\nThe Minister or chief executive may by notice require the person to give within the reasonable time stated in the notice written information about the matter for which the advice was given.\nThe person must comply with the notice.\nMaximum penalty for subsection (3) —500 penalty units.\n(sec.422-ssec.1) This section applies if— a person is required under this Act to give a notice or copy of a document, report or information (the advice ) with the Minister or the chief executive; and the person gives the advice.\n(sec.422-ssec.2) The Minister or chief executive may by notice require the person to give within the reasonable time stated in the notice written information about the matter for which the advice was given.\n(sec.422-ssec.3) The person must comply with the notice. Maximum penalty for subsection (3) —500 penalty units.\n- (a) a person is required under this Act to give a notice or copy of a document, report or information (the advice ) with the Minister or the chief executive; and\n- (b) the person gives the advice.","sortOrder":586},{"sectionNumber":"sec.423","sectionType":"section","heading":"References to right to enter","content":"### sec.423 References to right to enter\n\nA right under this Act to enter a place includes the right to—\nleave and re-enter the place from time to time; and\nremain on the place for the time necessary to achieve the purpose of the entry; and\ntake on the place equipment, materials, vehicles or other things reasonably necessary to exercise a power under this Act.\n- (a) leave and re-enter the place from time to time; and\n- (b) remain on the place for the time necessary to achieve the purpose of the entry; and\n- (c) take on the place equipment, materials, vehicles or other things reasonably necessary to exercise a power under this Act.","sortOrder":587},{"sectionNumber":"sec.424","sectionType":"section","heading":"Application of provisions","content":"### sec.424 Application of provisions\n\nIf a provision of this Act applies any of the following (the applied law ) for a purpose—\nanother provision of this Act;\nanother law;\na provision of another law;\nfor that purpose the applied law and any definition relevant to it apply with necessary changes.\n- (a) another provision of this Act;\n- (b) another law;\n- (c) a provision of another law;","sortOrder":588},{"sectionNumber":"sec.425","sectionType":"section","heading":"Protection from liability for particular persons","content":"### sec.425 Protection from liability for particular persons\n\nA person as follows (a designated person ) does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act—\nthe Minister;\na public service officer or public service employee;\na person if—\nthe person has, under section 420 , been authorised to carry out an activity for the State; and\nthe act or omission happened while the person was acting within the scope of that authority;\na GHG tenure holder given a serious situation direction who is complying with the direction.\nFor subsection (1) (b) , it does not matter what is the form of appointment or employment of the person.\nIf subsection (1) prevents a civil liability attaching to a designated person, the liability attaches instead to the State.\nIn this section—\ncivil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.\n(sec.425-ssec.1) A person as follows (a designated person ) does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act— the Minister; a public service officer or public service employee; a person if— the person has, under section 420 , been authorised to carry out an activity for the State; and the act or omission happened while the person was acting within the scope of that authority; a GHG tenure holder given a serious situation direction who is complying with the direction.\n(sec.425-ssec.2) For subsection (1) (b) , it does not matter what is the form of appointment or employment of the person.\n(sec.425-ssec.3) If subsection (1) prevents a civil liability attaching to a designated person, the liability attaches instead to the State.\n(sec.425-ssec.4) In this section— civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.\n- (a) the Minister;\n- (b) a public service officer or public service employee;\n- (c) a person if— (i) the person has, under section 420 , been authorised to carry out an activity for the State; and (ii) the act or omission happened while the person was acting within the scope of that authority;\n- (i) the person has, under section 420 , been authorised to carry out an activity for the State; and\n- (ii) the act or omission happened while the person was acting within the scope of that authority;\n- (d) a GHG tenure holder given a serious situation direction who is complying with the direction.\n- (i) the person has, under section 420 , been authorised to carry out an activity for the State; and\n- (ii) the act or omission happened while the person was acting within the scope of that authority;","sortOrder":589},{"sectionNumber":"sec.426","sectionType":"section","heading":"Delegation by Minister or chief executive","content":"### sec.426 Delegation by Minister or chief executive\n\nThe Minister may delegate the Minister’s functions under this Act to an appropriately qualified public service officer or employee.\nThe chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified public service officer or employee.\nIn this section—\nfunctions includes powers.\n(sec.426-ssec.1) The Minister may delegate the Minister’s functions under this Act to an appropriately qualified public service officer or employee.\n(sec.426-ssec.2) The chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified public service officer or employee.\n(sec.426-ssec.3) In this section— functions includes powers.","sortOrder":590},{"sectionNumber":"sec.427","sectionType":"section","heading":null,"content":"### Section sec.427\n\ns 427 sub 2010 No. 31 s 419\namd 2012 No. 20 s 150\nom 2014 No. 47 s 339","sortOrder":591},{"sectionNumber":"sec.428","sectionType":"section","heading":"Approved forms","content":"### sec.428 Approved forms\n\nThe chief executive may approve forms for use under this Act.\nA form may be approved for use under this Act that is combined with or is to be used together with an approved form under another Act.\n(sec.428-ssec.1) The chief executive may approve forms for use under this Act.\n(sec.428-ssec.2) A form may be approved for use under this Act that is combined with or is to be used together with an approved form under another Act.","sortOrder":592},{"sectionNumber":"sec.429","sectionType":"section","heading":"Regulation-making power","content":"### sec.429 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\nbe made about the fees payable under this Act including late payment fees; or\nimpose a penalty for a contravention of a provision of a regulation of no more than 20 penalty units; or\nbe made about the way an application, document or submission must be made or given for section 411 (2) (b) , or the way a report must be given for section 255 (2) (b) , including, for example—\npractices and procedures for lodgement of applications and other documents; and\nmethods for acknowledging receipt of documents; and\nmethods for acceptance of the lodgement of documents; and\nthe time at which a document is taken to have been lodged, but only to the extent that this Act does not provide otherwise; or\nrequiring lodgement of a hard copy of the application, document or submission.\ns 429 amd 2012 No. 20 s 151\n(sec.429-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.429-ssec.2) A regulation may— be made about the fees payable under this Act including late payment fees; or impose a penalty for a contravention of a provision of a regulation of no more than 20 penalty units; or be made about the way an application, document or submission must be made or given for section 411 (2) (b) , or the way a report must be given for section 255 (2) (b) , including, for example— practices and procedures for lodgement of applications and other documents; and methods for acknowledging receipt of documents; and methods for acceptance of the lodgement of documents; and the time at which a document is taken to have been lodged, but only to the extent that this Act does not provide otherwise; or requiring lodgement of a hard copy of the application, document or submission.\n- (a) be made about the fees payable under this Act including late payment fees; or\n- (b) impose a penalty for a contravention of a provision of a regulation of no more than 20 penalty units; or\n- (c) be made about the way an application, document or submission must be made or given for section 411 (2) (b) , or the way a report must be given for section 255 (2) (b) , including, for example— (i) practices and procedures for lodgement of applications and other documents; and (ii) methods for acknowledging receipt of documents; and (iii) methods for acceptance of the lodgement of documents; and (iv) the time at which a document is taken to have been lodged, but only to the extent that this Act does not provide otherwise; or\n- (i) practices and procedures for lodgement of applications and other documents; and\n- (ii) methods for acknowledging receipt of documents; and\n- (iii) methods for acceptance of the lodgement of documents; and\n- (iv) the time at which a document is taken to have been lodged, but only to the extent that this Act does not provide otherwise; or\n- (d) requiring lodgement of a hard copy of the application, document or submission.\n- (i) practices and procedures for lodgement of applications and other documents; and\n- (ii) methods for acknowledging receipt of documents; and\n- (iii) methods for acceptance of the lodgement of documents; and\n- (iv) the time at which a document is taken to have been lodged, but only to the extent that this Act does not provide otherwise; or","sortOrder":593},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Transitional provisions for Act No. 3 of 2009","content":"# Transitional provisions for Act No. 3 of 2009","sortOrder":594},{"sectionNumber":"sec.430","sectionType":"section","heading":"Definitions for pt 1","content":"### sec.430 Definitions for pt 1\n\nIn this part—\nassent means the date of assent of this Act.\nnew GHG permit see section 432(1).\nZerogen means Zerogen Pty Ltd (ACN 118 696 932).\ns 430 amd 2010 No. 31 s 437 sch 2 pt 2","sortOrder":595},{"sectionNumber":"sec.431","sectionType":"section","heading":"Conversion of Zerogen’s P&G Act ATPs","content":"### sec.431 Conversion of Zerogen’s P&G Act ATPs\n\nThis section applies to P&G Act ATP 830 and to P&G Act ATP 835 both held by Zerogen.\nOn assent—\neach of the ATPs—\nbecomes a GHG permit; and\nceases to be a P&G Act ATP; and\nthe work program for each of the ATPs becomes the work program for the GHG permit that it becomes.\nThe Minister may amend the following in any way the Minister considers appropriate to reflect the changes under subsection (2)—\nthe instruments for the ATPs;\ntheir work programs under the P&G Act .\nIn this section—\namend includes remake.\nP&G Act ATP means an ATP under the P&G Act .\n(sec.431-ssec.1) This section applies to P&G Act ATP 830 and to P&G Act ATP 835 both held by Zerogen.\n(sec.431-ssec.2) On assent— each of the ATPs— becomes a GHG permit; and ceases to be a P&G Act ATP; and the work program for each of the ATPs becomes the work program for the GHG permit that it becomes.\n(sec.431-ssec.3) The Minister may amend the following in any way the Minister considers appropriate to reflect the changes under subsection (2)— the instruments for the ATPs; their work programs under the P&G Act .\n(sec.431-ssec.4) In this section— amend includes remake. P&G Act ATP means an ATP under the P&G Act .\n- (a) each of the ATPs— (i) becomes a GHG permit; and (ii) ceases to be a P&G Act ATP; and\n- (i) becomes a GHG permit; and\n- (ii) ceases to be a P&G Act ATP; and\n- (b) the work program for each of the ATPs becomes the work program for the GHG permit that it becomes.\n- (i) becomes a GHG permit; and\n- (ii) ceases to be a P&G Act ATP; and\n- (a) the instruments for the ATPs;\n- (b) their work programs under the P&G Act .","sortOrder":596},{"sectionNumber":"sec.432","sectionType":"section","heading":"New GHG permit for Zerogen","content":"### sec.432 New GHG permit for Zerogen\n\nOn assent, Zerogen is taken to have been granted a GHG permit (the new GHG permit ) for the following sub-blocks—\nCharleville block identification map\nBlock\nSub-blocks\n55\na, b, c, d, e, f, g, h, j, k, m, n, o, p, s, t, u, x, y and z\n56\na, b, c, d, e, f, g, h, j, k, l, m, n, o, p, q, r, s, t, u, v, w, x, y and z\nClermont block identification map\nBlock\nSub-blocks\n3147\na, b, c, d, e, f, g, h, j, k, l, m, n, o, p, q, r, s, t, u, v, w, x, y and z\n3219\na, b, c, d, e, f, g, h, j and k\n3291\na, b, c, d, e, f, g, h, j, k, l, m, n, o, p, q, r, s, t, u, v, w, x, y and z\n3364\na, b, f, g, l, m, n, q, r, s, v, w and x\n3365\nc, d, e, h, j, k, n, o, p, t, u and z\n3366\na, b, c, d, e, f, g, h, j, k, l, m, n, o, p, q, r, s, t, u, v, w, x, y and z\n3436\na, b, c, d, e, f, g, h, j, k, l, m, n, o, p, q, r, s, t, u, v, w, x, y and z\n3437\nf, l, q, r, v, w and x\n3438\na, b, c, d, e, g, h, j, k, n, o, p, s, t, u, y and z.\nIn this section—\nblock identification map means a map that forms part of the series of maps known as the ‘Block Identification Map—Series B’ held by the department.\n(sec.432-ssec.1) On assent, Zerogen is taken to have been granted a GHG permit (the new GHG permit ) for the following sub-blocks— Charleville block identification map Block Sub-blocks 55 a, b, c, d, e, f, g, h, j, k, m, n, o, p, s, t, u, x, y and z 56 a, b, c, d, e, f, g, h, j, k, l, m, n, o, p, q, r, s, t, u, v, w, x, y and z Clermont block identification map Block Sub-blocks 3147 a, b, c, d, e, f, g, h, j, k, l, m, n, o, p, q, r, s, t, u, v, w, x, y and z 3219 a, b, c, d, e, f, g, h, j and k 3291 a, b, c, d, e, f, g, h, j, k, l, m, n, o, p, q, r, s, t, u, v, w, x, y and z 3364 a, b, f, g, l, m, n, q, r, s, v, w and x 3365 c, d, e, h, j, k, n, o, p, t, u and z 3366 a, b, c, d, e, f, g, h, j, k, l, m, n, o, p, q, r, s, t, u, v, w, x, y and z 3436 a, b, c, d, e, f, g, h, j, k, l, m, n, o, p, q, r, s, t, u, v, w, x, y and z 3437 f, l, q, r, v, w and x 3438 a, b, c, d, e, g, h, j, k, n, o, p, s, t, u, y and z.\n(sec.432-ssec.2) In this section— block identification map means a map that forms part of the series of maps known as the ‘Block Identification Map—Series B’ held by the department.","sortOrder":597},{"sectionNumber":"sec.432A","sectionType":"section","heading":"Correction of new GHG permit for Zerogen","content":"### sec.432A Correction of new GHG permit for Zerogen\n\nDespite section 432, from the commencement of this section, the new GHG permit described in section 432 is taken not to include the following sub-blocks—\nClermont block identification map\nBlock\nSub-blocks\n3436\nd and e\nIn this section—\nblock identification map see section 432.\ns 432A ins 2010 No. 17 s 47\n(sec.432A-ssec.1) Despite section 432, from the commencement of this section, the new GHG permit described in section 432 is taken not to include the following sub-blocks— Clermont block identification map Block Sub-blocks 3436 d and e\n(sec.432A-ssec.2) In this section— block identification map see section 432.","sortOrder":598},{"sectionNumber":"sec.433","sectionType":"section","heading":"Authorised activities under Zerogen GHG permits may start from assent","content":"### sec.433 Authorised activities under Zerogen GHG permits may start from assent\n\nFrom assent, Zerogen may, subject to this Act, carry out all authorised activities for any of its GHG permits mentioned in this part as if all of this Act commences on assent.\nWithout limiting subsection (1), chapter 4, part 6, division 1 applies for the GHG permits from assent.\nThe authorised activities may be carried out despite chapter 4, part 6, division 1.\nChapter 2, part 5 applies to the carrying out of the authorised activities.\ns 433 amd 2010 No. 31 s 437 sch 2 pt 2\n(sec.433-ssec.1) From assent, Zerogen may, subject to this Act, carry out all authorised activities for any of its GHG permits mentioned in this part as if all of this Act commences on assent.\n(sec.433-ssec.2) Without limiting subsection (1), chapter 4, part 6, division 1 applies for the GHG permits from assent.\n(sec.433-ssec.3) The authorised activities may be carried out despite chapter 4, part 6, division 1.\n(sec.433-ssec.4) Chapter 2, part 5 applies to the carrying out of the authorised activities.","sortOrder":599},{"sectionNumber":"sec.434","sectionType":"section","heading":"Deciding provisions of new GHG permit","content":"### sec.434 Deciding provisions of new GHG permit\n\nZerogen must give the Minister a proposed work program for the new GHG permit as if all of this Act commences on assent.\nThe proposed work program must comply with the initial work program requirements.\nAs soon as practicable after Zerogen complies with subsection (2), the Minister must—\ndecide whether to approve the proposed work program; and\nif the approval is given—\ndecide the provisions of the instrument for the GHG permit other than provisions relating to the permit’s area; and\ngive Zerogen the instrument.\nFor subsection (3), sections 41, 44 and 45 apply as if—\na call for tenders had been made for the area of each of the GHG permits; and\nZerogen had been the successful tenderer under the call for tenders.\n(sec.434-ssec.1) Zerogen must give the Minister a proposed work program for the new GHG permit as if all of this Act commences on assent.\n(sec.434-ssec.2) The proposed work program must comply with the initial work program requirements.\n(sec.434-ssec.3) As soon as practicable after Zerogen complies with subsection (2), the Minister must— decide whether to approve the proposed work program; and if the approval is given— decide the provisions of the instrument for the GHG permit other than provisions relating to the permit’s area; and give Zerogen the instrument.\n(sec.434-ssec.4) For subsection (3), sections 41, 44 and 45 apply as if— a call for tenders had been made for the area of each of the GHG permits; and Zerogen had been the successful tenderer under the call for tenders.\n- (a) decide whether to approve the proposed work program; and\n- (b) if the approval is given— (i) decide the provisions of the instrument for the GHG permit other than provisions relating to the permit’s area; and (ii) give Zerogen the instrument.\n- (i) decide the provisions of the instrument for the GHG permit other than provisions relating to the permit’s area; and\n- (ii) give Zerogen the instrument.\n- (i) decide the provisions of the instrument for the GHG permit other than provisions relating to the permit’s area; and\n- (ii) give Zerogen the instrument.\n- (a) a call for tenders had been made for the area of each of the GHG permits; and\n- (b) Zerogen had been the successful tenderer under the call for tenders.","sortOrder":600},{"sectionNumber":"sec.435","sectionType":"section","heading":"Test plan for new GHG permit","content":"### sec.435 Test plan for new GHG permit\n\nDespite section 80 not having commenced, Zerogen may give the Minister, and the Minister may approve under that section a test plan for GHG storage injection testing relating to the new GHG permit.","sortOrder":601},{"sectionNumber":"sec.436","sectionType":"section","heading":"Functions under part may be performed before assent","content":"### sec.436 Functions under part may be performed before assent\n\nIf before assent the Minister or Zerogen purports to perform a function under this part that can be performed from assent, the function is taken to have been validly performed on assent.\nIn this section—\nfunction includes power.\ns 436 amd 2010 No. 31 s 437 sch 2 pt 2\n(sec.436-ssec.1) If before assent the Minister or Zerogen purports to perform a function under this part that can be performed from assent, the function is taken to have been validly performed on assent.\n(sec.436-ssec.2) In this section— function includes power.","sortOrder":602},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Transitional provisions for amendments under Geothermal Energy Act 2010","content":"# Transitional provisions for amendments under Geothermal Energy Act 2010","sortOrder":603},{"sectionNumber":"sec.437","sectionType":"section","heading":"Land access code prevails over conditions","content":"### sec.437 Land access code prevails over conditions\n\nIf a condition of a GHG authority is inconsistent with a mandatory provision of the land access code, the mandatory provision prevails to the extent of the inconsistency.\ns 437 ins 2010 No. 31 s 448","sortOrder":604},{"sectionNumber":"sec.438","sectionType":"section","heading":"Existing compensation agreements other than for notifiable road uses","content":"### sec.438 Existing compensation agreements other than for notifiable road uses\n\nThis section applies if immediately before the commencement of this section a compensation agreement under chapter 5, part 10 was in force.\nOn the commencement the agreement becomes a conduct and compensation agreement under chapter 5, part 10, division 1.\ns 438 ins 2010 No. 31 s 448\n(sec.438-ssec.1) This section applies if immediately before the commencement of this section a compensation agreement under chapter 5, part 10 was in force.\n(sec.438-ssec.2) On the commencement the agreement becomes a conduct and compensation agreement under chapter 5, part 10, division 1.","sortOrder":605},{"sectionNumber":"sec.439","sectionType":"section","heading":"Existing entry notices","content":"### sec.439 Existing entry notices\n\nThis section applies to an entry notice for the carrying out of an authorised activity for a GHG authority if the notice complied with the entry notice requirements before the commencement of this section.\nThe notice continues, according to its terms, to be valid for the carrying out of the activity after the commencement even though the notice does not comply with all of the entry notice requirements from the commencement.\nIn this section—\nentry notice requirements means the requirements under this Act relating to the giving of an entry notice.\ns 439 ins 2010 No. 31 s 448\n(sec.439-ssec.1) This section applies to an entry notice for the carrying out of an authorised activity for a GHG authority if the notice complied with the entry notice requirements before the commencement of this section.\n(sec.439-ssec.2) The notice continues, according to its terms, to be valid for the carrying out of the activity after the commencement even though the notice does not comply with all of the entry notice requirements from the commencement.\n(sec.439-ssec.3) In this section— entry notice requirements means the requirements under this Act relating to the giving of an entry notice.","sortOrder":606},{"sectionNumber":"sec.440","sectionType":"section","heading":"References to geothermal tenure","content":"### sec.440 References to geothermal tenure\n\nUntil the Geothermal Energy Act 2010 , chapter 9 , part 1 commences, a reference in this Act to a geothermal tenure is taken to be a reference to a geothermal exploration permit.\ns 440 ins 2010 No. 31 s 448","sortOrder":607},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Transitional provisions for Mines Legislation (Streamlining) Amendment Act 2012","content":"# Transitional provisions for Mines Legislation (Streamlining) Amendment Act 2012","sortOrder":608},{"sectionNumber":"ch.8-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":609},{"sectionNumber":"sec.441","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.441 Definitions for pt 3\n\nIn this part—\namending Act means the Mines Legislation (Streamlining) Amendment Act 2012 .\ncommencement means the commencement of the section in which the term is used.\nformer , in relation to a provision, means the provision as in force before the commencement of the section in which the term is used.\ns 441 ins 2012 No. 20 s 43","sortOrder":610},{"sectionNumber":"ch.8-pt.3-div.2","sectionType":"division","heading":"Transitional provisions for amendments in amending Act commencing on assent","content":"## Transitional provisions for amendments in amending Act commencing on assent","sortOrder":611},{"sectionNumber":"sec.442","sectionType":"section","heading":"Land in a GHG authority’s area taken before the commencement","content":"### sec.442 Land in a GHG authority’s area taken before the commencement\n\nThis section applies if—\nland in a GHG authority’s area was taken under a resumption law before the commencement; and\nat the commencement, the entity taking the land has not taken action indicating the GHG authority was extinguished (wholly or partly) when the land was taken.\nserving a copy of the resumption notice for the taking of the land on the GHG authority holder (in the holder’s capacity as the holder of the authority)\nentering into a resumption agreement under the ALA with the GHG authority holder for the taking of the land\nnegotiating, or taking other action relating to, the compensation payable to the GHG authority holder for the taking of the land\npaying compensation to the GHG authority holder for the taking of the land\narranging for the taking of the land to be recorded in the GHG register against the GHG authority\nThe taking of the land did not extinguish (wholly or partly) the GHG authority or any other GHG interest relating to the authority.\nSubsection (2) does not affect the ending of a GHG interest (wholly or partly) in any other way, including, for example—\nby the entity taking the land acquiring the GHG interest (wholly or partly) under a separate commercial agreement or other arrangement with the holder of the interest; or\nby the GHG interest holder surrendering the interest (wholly or partly) under this Act.\ns 442 ins 2012 No. 20 s 43\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.442-ssec.1) This section applies if— land in a GHG authority’s area was taken under a resumption law before the commencement; and at the commencement, the entity taking the land has not taken action indicating the GHG authority was extinguished (wholly or partly) when the land was taken. serving a copy of the resumption notice for the taking of the land on the GHG authority holder (in the holder’s capacity as the holder of the authority) entering into a resumption agreement under the ALA with the GHG authority holder for the taking of the land negotiating, or taking other action relating to, the compensation payable to the GHG authority holder for the taking of the land paying compensation to the GHG authority holder for the taking of the land arranging for the taking of the land to be recorded in the GHG register against the GHG authority\n(sec.442-ssec.2) The taking of the land did not extinguish (wholly or partly) the GHG authority or any other GHG interest relating to the authority.\n(sec.442-ssec.3) Subsection (2) does not affect the ending of a GHG interest (wholly or partly) in any other way, including, for example— by the entity taking the land acquiring the GHG interest (wholly or partly) under a separate commercial agreement or other arrangement with the holder of the interest; or by the GHG interest holder surrendering the interest (wholly or partly) under this Act.\n- (a) land in a GHG authority’s area was taken under a resumption law before the commencement; and\n- (b) at the commencement, the entity taking the land has not taken action indicating the GHG authority was extinguished (wholly or partly) when the land was taken. Examples of action for paragraph (b)— • serving a copy of the resumption notice for the taking of the land on the GHG authority holder (in the holder’s capacity as the holder of the authority) • entering into a resumption agreement under the ALA with the GHG authority holder for the taking of the land • negotiating, or taking other action relating to, the compensation payable to the GHG authority holder for the taking of the land • paying compensation to the GHG authority holder for the taking of the land • arranging for the taking of the land to be recorded in the GHG register against the GHG authority\n- • serving a copy of the resumption notice for the taking of the land on the GHG authority holder (in the holder’s capacity as the holder of the authority)\n- • entering into a resumption agreement under the ALA with the GHG authority holder for the taking of the land\n- • negotiating, or taking other action relating to, the compensation payable to the GHG authority holder for the taking of the land\n- • paying compensation to the GHG authority holder for the taking of the land\n- • arranging for the taking of the land to be recorded in the GHG register against the GHG authority\n- • serving a copy of the resumption notice for the taking of the land on the GHG authority holder (in the holder’s capacity as the holder of the authority)\n- • entering into a resumption agreement under the ALA with the GHG authority holder for the taking of the land\n- • negotiating, or taking other action relating to, the compensation payable to the GHG authority holder for the taking of the land\n- • paying compensation to the GHG authority holder for the taking of the land\n- • arranging for the taking of the land to be recorded in the GHG register against the GHG authority\n- (a) by the entity taking the land acquiring the GHG interest (wholly or partly) under a separate commercial agreement or other arrangement with the holder of the interest; or\n- (b) by the GHG interest holder surrendering the interest (wholly or partly) under this Act.","sortOrder":612},{"sectionNumber":"sec.443","sectionType":"section","heading":"Land in a GHG authority’s area for which notice of intention to resume given before the commencement","content":"### sec.443 Land in a GHG authority’s area for which notice of intention to resume given before the commencement\n\nThis section applies if—\nbefore the commencement, an entity gave a notice of intention to resume for the proposed taking, under a resumption law, of land in a GHG authority’s area; and\nat the commencement, the land had not been taken under the resumption law.\nIf the land is taken other than by taking or otherwise creating an easement, sections 369A to 369D apply in relation to the taking, except that the resumption notice for the taking may provide for the extinguishment of a GHG interest on the taking even if the notice of intention to resume does not comply with section 369A(8).\nIf the land is taken by taking or otherwise creating an easement, section 369D applies in relation to the taking.\ns 443 ins 2012 No. 20 s 43\n(sec.443-ssec.1) This section applies if— before the commencement, an entity gave a notice of intention to resume for the proposed taking, under a resumption law, of land in a GHG authority’s area; and at the commencement, the land had not been taken under the resumption law.\n(sec.443-ssec.2) If the land is taken other than by taking or otherwise creating an easement, sections 369A to 369D apply in relation to the taking, except that the resumption notice for the taking may provide for the extinguishment of a GHG interest on the taking even if the notice of intention to resume does not comply with section 369A(8).\n(sec.443-ssec.3) If the land is taken by taking or otherwise creating an easement, section 369D applies in relation to the taking.\n- (a) before the commencement, an entity gave a notice of intention to resume for the proposed taking, under a resumption law, of land in a GHG authority’s area; and\n- (b) at the commencement, the land had not been taken under the resumption law.","sortOrder":613},{"sectionNumber":"ch.8-pt.3-div.3","sectionType":"division","heading":"Transitional provisions for amendments in amending Act commencing by proclamation","content":"## Transitional provisions for amendments in amending Act commencing by proclamation","sortOrder":614},{"sectionNumber":"sec.444","sectionType":"section","heading":"Undecided applications for approval of particular dealing","content":"### sec.444 Undecided applications for approval of particular dealing\n\nThis section applies to an application for approval of a third party transfer—\nmade, before the commencement, under former chapter 5, part 14, division 3; and\nnot decided before the commencement.\nThe Minister may continue to deal with the application under former chapter 5, part 14, division 3 as if the division had not been repealed under the amending Act.\nIn this section—\nthird party transfer has the meaning given by former section 347.\ns 444 ins 2012 No. 20 s 152\n(sec.444-ssec.1) This section applies to an application for approval of a third party transfer— made, before the commencement, under former chapter 5, part 14, division 3; and not decided before the commencement.\n(sec.444-ssec.2) The Minister may continue to deal with the application under former chapter 5, part 14, division 3 as if the division had not been repealed under the amending Act.\n(sec.444-ssec.3) In this section— third party transfer has the meaning given by former section 347.\n- (a) made, before the commencement, under former chapter 5, part 14, division 3; and\n- (b) not decided before the commencement.","sortOrder":615},{"sectionNumber":"sec.445","sectionType":"section","heading":"Deciding applications for approval of assessable transfers until commencement of particular provisions","content":"### sec.445 Deciding applications for approval of assessable transfers until commencement of particular provisions\n\nThis section applies until the commencement of the Environmental Protection Act 1994 , chapter 5A , part 4 as inserted by the Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012 .\nFormer section 353(2)(a) continues in force instead of section 354(4)(b), as inserted by the amending Act, for deciding whether to give an approval of an assessable transfer.\ns 445 ins 2012 No. 20 s 152\n(sec.445-ssec.1) This section applies until the commencement of the Environmental Protection Act 1994 , chapter 5A , part 4 as inserted by the Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012 .\n(sec.445-ssec.2) Former section 353(2)(a) continues in force instead of section 354(4)(b), as inserted by the amending Act, for deciding whether to give an approval of an assessable transfer.","sortOrder":616},{"sectionNumber":"sec.446","sectionType":"section","heading":"Uncommenced appeals about refusal to approve particular dealing","content":"### sec.446 Uncommenced appeals about refusal to approve particular dealing\n\nThis section applies to a person if—\nbefore the commencement, the person could appeal to the Land Court under section 395 in relation to a refusal to approve a third party transfer under former section 353; but\nthe person had not started the appeal before the commencement.\nDespite the amendment of schedule 1 by the amending Act, the person continues to be a person who may start an appeal under section 395, subject to sections 396 and 397.\ns 446 ins 2012 No. 20 s 152\n(sec.446-ssec.1) This section applies to a person if— before the commencement, the person could appeal to the Land Court under section 395 in relation to a refusal to approve a third party transfer under former section 353; but the person had not started the appeal before the commencement.\n(sec.446-ssec.2) Despite the amendment of schedule 1 by the amending Act, the person continues to be a person who may start an appeal under section 395, subject to sections 396 and 397.\n- (a) before the commencement, the person could appeal to the Land Court under section 395 in relation to a refusal to approve a third party transfer under former section 353; but\n- (b) the person had not started the appeal before the commencement.","sortOrder":617},{"sectionNumber":"sec.447","sectionType":"section","heading":"Unfinished appeals about refusal to approve particular dealing","content":"### sec.447 Unfinished appeals about refusal to approve particular dealing\n\nThis section applies if, before the commencement—\na person started an appeal under section 397 in relation to a refusal to approve an assessable transfer under former section 353; and\nthe Land Court had not yet decided the appeal.\nThe Land Court may continue, under chapter 6, part 3, to grant a stay of the decision being appealed, and hear and decide the appeal.\ns 447 ins 2012 No. 20 s 152\n(sec.447-ssec.1) This section applies if, before the commencement— a person started an appeal under section 397 in relation to a refusal to approve an assessable transfer under former section 353; and the Land Court had not yet decided the appeal.\n(sec.447-ssec.2) The Land Court may continue, under chapter 6, part 3, to grant a stay of the decision being appealed, and hear and decide the appeal.\n- (a) a person started an appeal under section 397 in relation to a refusal to approve an assessable transfer under former section 353; and\n- (b) the Land Court had not yet decided the appeal.","sortOrder":618},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Transitional provisions for Mineral and Energy Resources (Common Provisions) Act 2014","content":"# Transitional provisions for Mineral and Energy Resources (Common Provisions) Act 2014","sortOrder":619},{"sectionNumber":"sec.448","sectionType":"section","heading":"Continued appeal right for particular decisions","content":"### sec.448 Continued appeal right for particular decisions\n\nA person who, before the commencement of this section, may have appealed against a relevant decision to the Land Court under section 395(1), may still appeal against the decision, in compliance with chapter 6, part 3, despite the amendment of schedule 1 by the Common Provisions Act .\nIn this section—\nprevious , for a section of this Act, means the section as in force immediately before the repeal of the section under the Common Provisions Act .\nrelevant decision means any of the following—\na decision to give a road use direction under previous section 303;\nthe imposition of condition on entry on public land under previous section 315, other than a condition agreed to or requested by the relevant GHG authority holder;\na refusal to approve an assessable transfer under previous section 354.\ns 448 ins 2014 No. 47 s 324\n(sec.448-ssec.1) A person who, before the commencement of this section, may have appealed against a relevant decision to the Land Court under section 395(1), may still appeal against the decision, in compliance with chapter 6, part 3, despite the amendment of schedule 1 by the Common Provisions Act .\n(sec.448-ssec.2) In this section— previous , for a section of this Act, means the section as in force immediately before the repeal of the section under the Common Provisions Act . relevant decision means any of the following— a decision to give a road use direction under previous section 303; the imposition of condition on entry on public land under previous section 315, other than a condition agreed to or requested by the relevant GHG authority holder; a refusal to approve an assessable transfer under previous section 354.\n- (a) a decision to give a road use direction under previous section 303;\n- (b) the imposition of condition on entry on public land under previous section 315, other than a condition agreed to or requested by the relevant GHG authority holder;\n- (c) a refusal to approve an assessable transfer under previous section 354.","sortOrder":620},{"sectionNumber":"sec.449","sectionType":"section","heading":"Existing practice manuals","content":"### sec.449 Existing practice manuals\n\nA practice manual kept under former section 427 continues in effect until the chief executive makes a manual available under the Common Provisions Act , section 202 (4) (b) .\nIn this section—\nformer section 427 means section 427 as in force immediately before the commencement of this section.\ns 449 ins 2014 No. 47 s 340\n(sec.449-ssec.1) A practice manual kept under former section 427 continues in effect until the chief executive makes a manual available under the Common Provisions Act , section 202 (4) (b) .\n(sec.449-ssec.2) In this section— former section 427 means section 427 as in force immediately before the commencement of this section.","sortOrder":621},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020","content":"# Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2020","sortOrder":622},{"sectionNumber":"sec.450","sectionType":"section","heading":"Power to impose or amend condition if changed holder of GHG permit or GHG lease","content":"### sec.450 Power to impose or amend condition if changed holder of GHG permit or GHG lease\n\nThe power of the Minister to impose another condition on, or amend a condition of, a GHG permit under section 92A or a GHG lease under section 173A applies—\nwhether the permit or lease was granted before or after the commencement; and\nonly if the change mentioned in section 92A(1) or 173A(1) happens after the commencement.\ns 450 ins 2020 No. 14 s 54\n- (a) whether the permit or lease was granted before or after the commencement; and\n- (b) only if the change mentioned in section 92A(1) or 173A(1) happens after the commencement.","sortOrder":623},{"sectionNumber":"sec.451","sectionType":"section","heading":"Conferences with eligible claimants or owners or occupiers started before commencement","content":"### sec.451 Conferences with eligible claimants or owners or occupiers started before commencement\n\nThis section applies if—\nan authorised officer asked parties to attend a conference under section 377B as in force before the commencement; and\nimmediately before the commencement the conference had not taken place.\nThe conference must take place under chapter 6, part 1A as in force immediately before the commencement.\nThe Common Provisions Act , chapter 3 , part 8 does not apply in relation to the conference.\ns 451 ins 2020 No. 14 s 54\n(sec.451-ssec.1) This section applies if— an authorised officer asked parties to attend a conference under section 377B as in force before the commencement; and immediately before the commencement the conference had not taken place.\n(sec.451-ssec.2) The conference must take place under chapter 6, part 1A as in force immediately before the commencement.\n(sec.451-ssec.3) The Common Provisions Act , chapter 3 , part 8 does not apply in relation to the conference.\n- (a) an authorised officer asked parties to attend a conference under section 377B as in force before the commencement; and\n- (b) immediately before the commencement the conference had not taken place.","sortOrder":624},{"sectionNumber":"ch.8-pt.6","sectionType":"part","heading":"Transitional provision for Coal Mining Safety and Health and Other Legislation Amendment Act 2022","content":"# Transitional provision for Coal Mining Safety and Health and Other Legislation Amendment Act 2022","sortOrder":625},{"sectionNumber":"sec.452","sectionType":"section","heading":"Application of new s 379 to noncompliance action","content":"### sec.452 Application of new s 379 to noncompliance action\n\nNew section 379 applies in relation to noncompliance action if the event mentioned in section 380(2) or (3) for which the action is taken happens after the commencement.\nIn this section—\nnew section 379 means section 379 as in force from the commencement.\ns 452 ins 2022 No. 29 s 19\n(sec.452-ssec.1) New section 379 applies in relation to noncompliance action if the event mentioned in section 380(2) or (3) for which the action is taken happens after the commencement.\n(sec.452-ssec.2) In this section— new section 379 means section 379 as in force from the commencement.","sortOrder":626},{"sectionNumber":"ch.8-pt.7","sectionType":"part","heading":"Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2024","content":"# Transitional provisions for Mineral and Energy Resources and Other Legislation Amendment Act 2024","sortOrder":627},{"sectionNumber":"ch.8-pt.7-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":628},{"sectionNumber":"sec.453","sectionType":"section","heading":"Definitions for part","content":"### sec.453 Definitions for part\n\nIn this part—\nCTSCo means Carbon Transport and Storage Corporation (CTSCo) Pty Limited ACN 143 012 971.\nEPQ10 means the GHG permit granted on 9 December 2019 to CTSCo and described as ‘EPQ10’.\nrelevant amendment means an amendment of this Act by the Mineral and Energy Resources and Other Legislation Amendment Act 2024 , section 35A , 35B , 35C , 37A or 37B .\ns 453 ins 2024 No. 33 s 37A","sortOrder":629},{"sectionNumber":"ch.8-pt.7-div.2","sectionType":"division","heading":"Provisions for ending of EPQ10","content":"## Provisions for ending of EPQ10","sortOrder":630},{"sectionNumber":"sec.454","sectionType":"section","heading":"Ending of EPQ10","content":"### sec.454 Ending of EPQ10\n\nOn the commencement, EPQ10 is ended.\ns 454 ins 2024 No. 33 s 37A","sortOrder":631},{"sectionNumber":"sec.455","sectionType":"section","heading":"Reporting and record keeping requirements","content":"### sec.455 Reporting and record keeping requirements\n\nThe following continue to apply in relation to CTSCo as if EPQ10 were still in effect and CTSCo were still its holder—\nsections 253 and 257;\na condition of EPQ10 requiring CTSCo to give a report or information about an authorised activity carried out under EPQ10.\nTo remove any doubt, it is declared that sections 256, 258, 259 and 422 apply in relation to the ending of EPQ10 under section 454.\nSee however section 466 for modifications to the operation of section 256 in relation to CTSCo and former EPQ10.\ns 455 ins 2024 No. 33 s 37A\namd 2025 No. 31 s 4\n(sec.455-ssec.1) The following continue to apply in relation to CTSCo as if EPQ10 were still in effect and CTSCo were still its holder— sections 253 and 257; a condition of EPQ10 requiring CTSCo to give a report or information about an authorised activity carried out under EPQ10.\n(sec.455-ssec.2) To remove any doubt, it is declared that sections 256, 258, 259 and 422 apply in relation to the ending of EPQ10 under section 454. See however section 466 for modifications to the operation of section 256 in relation to CTSCo and former EPQ10.\n- (a) sections 253 and 257;\n- (b) a condition of EPQ10 requiring CTSCo to give a report or information about an authorised activity carried out under EPQ10.","sortOrder":632},{"sectionNumber":"sec.456","sectionType":"section","heading":"Decommissioning of wells","content":"### sec.456 Decommissioning of wells\n\nTo remove any doubt, it is declared that section 266 does not apply in relation to EPQ10.\nSection 267 applies in relation to EPQ10 as if—\nEPQ10 were still in effect and CTSCo were still its holder; and\nthe reference to ‘Subject to section 266,’ in section 267(1) were omitted; and\nsection 267(1)(b) provided as follows—\neither—\nthe day that is 2 years after the day EPQ10 ended under section 454; or\nif before the day provided for under subparagraph (i), the Minister fixes a day—that day.\nSee however section 467 for further modifications to the operation of section 267, and this section, in relation to a GHG well in the area of EPQ10 immediately before it ended.\nSection 268 does not apply in relation to EPQ10.\nSee section 459 in relation to a right of entry to facilitate decommissioning of wells.\nSection 269 applies in relation to EPQ10 as if—\nEPQ10 were still in effect and CTSCo were still its holder; and\nsection 269(2) did not apply; and\nsection 269(3) provided as follows—\nThe well is taken to have been transferred to the State.\ns 456 ins 2024 No. 33 s 37A\namd 2025 No. 31 s 5\n(sec.456-ssec.1) To remove any doubt, it is declared that section 266 does not apply in relation to EPQ10.\n(sec.456-ssec.2) Section 267 applies in relation to EPQ10 as if— EPQ10 were still in effect and CTSCo were still its holder; and the reference to ‘Subject to section 266,’ in section 267(1) were omitted; and section 267(1)(b) provided as follows— either— the day that is 2 years after the day EPQ10 ended under section 454; or if before the day provided for under subparagraph (i), the Minister fixes a day—that day. See however section 467 for further modifications to the operation of section 267, and this section, in relation to a GHG well in the area of EPQ10 immediately before it ended.\n(sec.456-ssec.3) Section 268 does not apply in relation to EPQ10. See section 459 in relation to a right of entry to facilitate decommissioning of wells.\n(sec.456-ssec.4) Section 269 applies in relation to EPQ10 as if— EPQ10 were still in effect and CTSCo were still its holder; and section 269(2) did not apply; and section 269(3) provided as follows— The well is taken to have been transferred to the State.\n(sec.456-ssec.4-para1.c-frag-ssec.3) The well is taken to have been transferred to the State.\n- (a) EPQ10 were still in effect and CTSCo were still its holder; and\n- (b) the reference to ‘Subject to section 266,’ in section 267(1) were omitted; and\n- (c) section 267(1)(b) provided as follows— (b) either— (i) the day that is 2 years after the day EPQ10 ended under section 454; or (ii) if before the day provided for under subparagraph (i), the Minister fixes a day—that day.\n- (b) either— (i) the day that is 2 years after the day EPQ10 ended under section 454; or (ii) if before the day provided for under subparagraph (i), the Minister fixes a day—that day.\n- (i) the day that is 2 years after the day EPQ10 ended under section 454; or\n- (ii) if before the day provided for under subparagraph (i), the Minister fixes a day—that day.\n- (b) either— (i) the day that is 2 years after the day EPQ10 ended under section 454; or (ii) if before the day provided for under subparagraph (i), the Minister fixes a day—that day.\n- (i) the day that is 2 years after the day EPQ10 ended under section 454; or\n- (ii) if before the day provided for under subparagraph (i), the Minister fixes a day—that day.\n- (i) the day that is 2 years after the day EPQ10 ended under section 454; or\n- (ii) if before the day provided for under subparagraph (i), the Minister fixes a day—that day.\n- (a) EPQ10 were still in effect and CTSCo were still its holder; and\n- (b) section 269(2) did not apply; and\n- (c) section 269(3) provided as follows— (3) The well is taken to have been transferred to the State.","sortOrder":633},{"sectionNumber":"sec.457","sectionType":"section","heading":"Removal of equipment and improvements","content":"### sec.457 Removal of equipment and improvements\n\nSection 334 applies in relation to EPQ10 as if section 334(5), definition removal day , paragraph (a) provided as follows—\nthe day that is 2 years after the day EPQ10 ended under section 454;\nSee section 459 in relation to a right of entry to facilitate removal of equipment or improvements.\ns 457 ins 2024 No. 33 s 37A\n- (a) the day that is 2 years after the day EPQ10 ended under section 454;","sortOrder":634},{"sectionNumber":"sec.458","sectionType":"section","heading":"Enforcement of end of authority and area reduction obligations","content":"### sec.458 Enforcement of end of authority and area reduction obligations\n\nTo remove any doubt, it is declared that chapter 5, part 15 applies in relation to the ending of EPQ10 under section 454.\ns 458 ins 2024 No. 33 s 37A","sortOrder":635},{"sectionNumber":"sec.459","sectionType":"section","heading":"Right of entry to facilitate decommissioning of wells and removal of equipment and improvements","content":"### sec.459 Right of entry to facilitate decommissioning of wells and removal of equipment and improvements\n\nCTSCo may enter the following land to carry out decommissioning for EPQ10—\nland (the primary land ) on which the decommissioning must be carried out;\nany other land (the access land ) it is reasonably necessary to cross for access to the primary land.\nFor subsection (1), the Common Provisions Act , chapter 3 , parts 2 , 3 , 4A and 7 apply to CTSCo as if—\nEPQ10 were still in effect and CTSCo were still its holder; and\nthe primary land and access land were in EPQ10’s area; and\ndecommissioning were an authorised activity for EPQ10.\nTo remove any doubt, it is declared that the right to enter land, under the Common Provisions Act , section 72B (2) , continues to apply in relation to CTSCo until the rehabilitation conditions have been complied with.\nIn this section—\ndecommissioning , for EPQ10, means—\ndecommissioning a well under section 267 as applied in relation to EPQ10 by this division; and\nremoving equipment or improvements under section 334 as applied in relation to EPQ10 by this division.\nrehabilitation conditions means conditions 58 to 60 of the environmental authority, with the environmental authority number ‘EPPG00646913’, ended under the Environmental Protection Act , section 819 (1) (a) .\ns 459 ins 2024 No. 33 s 37A\n(sec.459-ssec.1) CTSCo may enter the following land to carry out decommissioning for EPQ10— land (the primary land ) on which the decommissioning must be carried out; any other land (the access land ) it is reasonably necessary to cross for access to the primary land.\n(sec.459-ssec.2) For subsection (1), the Common Provisions Act , chapter 3 , parts 2 , 3 , 4A and 7 apply to CTSCo as if— EPQ10 were still in effect and CTSCo were still its holder; and the primary land and access land were in EPQ10’s area; and decommissioning were an authorised activity for EPQ10.\n(sec.459-ssec.3) To remove any doubt, it is declared that the right to enter land, under the Common Provisions Act , section 72B (2) , continues to apply in relation to CTSCo until the rehabilitation conditions have been complied with.\n(sec.459-ssec.4) In this section— decommissioning , for EPQ10, means— decommissioning a well under section 267 as applied in relation to EPQ10 by this division; and removing equipment or improvements under section 334 as applied in relation to EPQ10 by this division. rehabilitation conditions means conditions 58 to 60 of the environmental authority, with the environmental authority number ‘EPPG00646913’, ended under the Environmental Protection Act , section 819 (1) (a) .\n- (a) land (the primary land ) on which the decommissioning must be carried out;\n- (b) any other land (the access land ) it is reasonably necessary to cross for access to the primary land.\n- (a) EPQ10 were still in effect and CTSCo were still its holder; and\n- (b) the primary land and access land were in EPQ10’s area; and\n- (c) decommissioning were an authorised activity for EPQ10.\n- (a) decommissioning a well under section 267 as applied in relation to EPQ10 by this division; and\n- (b) removing equipment or improvements under section 334 as applied in relation to EPQ10 by this division.","sortOrder":636},{"sectionNumber":"sec.460","sectionType":"section","heading":"Withdrawal of particular requests and applications","content":"### sec.460 Withdrawal of particular requests and applications\n\nThis section applies in relation to each of the following applications and requests made, but not decided, before the commencement—\na request, under section 91(3), to approve a proposed later work program for EPQ10;\nan application, under section 101(1), for a declaration that all or part of the area of EPQ10 is a potential storage area.\nOn the commencement, the application or request is taken to be withdrawn.\ns 460 ins 2024 No. 33 s 37A\n(sec.460-ssec.1) This section applies in relation to each of the following applications and requests made, but not decided, before the commencement— a request, under section 91(3), to approve a proposed later work program for EPQ10; an application, under section 101(1), for a declaration that all or part of the area of EPQ10 is a potential storage area.\n(sec.460-ssec.2) On the commencement, the application or request is taken to be withdrawn.\n- (a) a request, under section 91(3), to approve a proposed later work program for EPQ10;\n- (b) an application, under section 101(1), for a declaration that all or part of the area of EPQ10 is a potential storage area.","sortOrder":637},{"sectionNumber":"ch.8-pt.7-div.3","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":638},{"sectionNumber":"sec.461","sectionType":"section","heading":"Withdrawal of undecided applications for proposed GHG permits","content":"### sec.461 Withdrawal of undecided applications for proposed GHG permits\n\nThis section applies in relation to each of the following applications made, but not decided, before the commencement—\nthe application made by CTSCo for the proposed GHG permit described as ‘EPQ12’;\nthe application made by Origin for the proposed GHG permit described as ‘EPQ16’;\nthe application made by Origin for the proposed GHG permit described as ‘EPQ17’.\nOn the commencement, the applications are taken to be withdrawn.\nIn this section—\nOrigin means Origin Energy Future Fuels Pty Ltd ACN 105 431 534.\ns 461 ins 2024 No. 33 s 37A\n(sec.461-ssec.1) This section applies in relation to each of the following applications made, but not decided, before the commencement— the application made by CTSCo for the proposed GHG permit described as ‘EPQ12’; the application made by Origin for the proposed GHG permit described as ‘EPQ16’; the application made by Origin for the proposed GHG permit described as ‘EPQ17’.\n(sec.461-ssec.2) On the commencement, the applications are taken to be withdrawn.\n(sec.461-ssec.3) In this section— Origin means Origin Energy Future Fuels Pty Ltd ACN 105 431 534.\n- (a) the application made by CTSCo for the proposed GHG permit described as ‘EPQ12’;\n- (b) the application made by Origin for the proposed GHG permit described as ‘EPQ16’;\n- (c) the application made by Origin for the proposed GHG permit described as ‘EPQ17’.","sortOrder":639},{"sectionNumber":"sec.462","sectionType":"section","heading":"No compensation payable by the State","content":"### sec.462 No compensation payable by the State\n\nNo compensation is payable by the State to any person for or in connection with the enactment or operation of a relevant amendment or anything done to carry out or give effect to a relevant amendment.\nThis section applies despite any other Act or law.\ns 462 ins 2024 No. 33 s 37A\n(sec.462-ssec.1) No compensation is payable by the State to any person for or in connection with the enactment or operation of a relevant amendment or anything done to carry out or give effect to a relevant amendment.\n(sec.462-ssec.2) This section applies despite any other Act or law.","sortOrder":640},{"sectionNumber":"sec.463","sectionType":"section","heading":"Transitional regulation-making power","content":"### sec.463 Transitional regulation-making power\n\nA regulation (a transitional regulation ) may make provision about a matter for which—\nit is necessary to make provision to allow or facilitate the doing of anything to achieve the transition—\nfrom the operation of this Act as in force before the commencement of a relevant amendment; and\nto the operation of this Act as in force after the commencement of the relevant amendment; and\nthis Act does not provide or sufficiently provide.\nA transitional regulation may have retrospective operation to a day not earlier than the day the relevant amendment commences.\nA transitional regulation must declare it is a transitional regulation.\nThis section and any transitional regulation expire on the day that is 3 years after the day this section commences.\ns 463 ins 2024 No. 33 s 37A\nexp 18 June 2027 (see s 463(4))\n(sec.463-ssec.1) A regulation (a transitional regulation ) may make provision about a matter for which— it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition— from the operation of this Act as in force before the commencement of a relevant amendment; and to the operation of this Act as in force after the commencement of the relevant amendment; and this Act does not provide or sufficiently provide.\n(sec.463-ssec.2) A transitional regulation may have retrospective operation to a day not earlier than the day the relevant amendment commences.\n(sec.463-ssec.3) A transitional regulation must declare it is a transitional regulation.\n(sec.463-ssec.4) This section and any transitional regulation expire on the day that is 3 years after the day this section commences.\n- (a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition— (i) from the operation of this Act as in force before the commencement of a relevant amendment; and (ii) to the operation of this Act as in force after the commencement of the relevant amendment; and\n- (i) from the operation of this Act as in force before the commencement of a relevant amendment; and\n- (ii) to the operation of this Act as in force after the commencement of the relevant amendment; and\n- (b) this Act does not provide or sufficiently provide.\n- (i) from the operation of this Act as in force before the commencement of a relevant amendment; and\n- (ii) to the operation of this Act as in force after the commencement of the relevant amendment; and","sortOrder":641},{"sectionNumber":"ch.8-pt.8","sectionType":"part","heading":"Transitional provisions for Greenhouse Gas Storage Amendment Act 2025","content":"# Transitional provisions for Greenhouse Gas Storage Amendment Act 2025","sortOrder":642},{"sectionNumber":"ch.8-pt.8-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":643},{"sectionNumber":"sec.464","sectionType":"section","heading":"Definitions for part","content":"### sec.464 Definitions for part\n\nIn this part—\nartesian bore see the Water Act , schedule 4 .\ncompleted , in relation to the conversion of a relevant GHG well into a water supply bore, means all works to convert the well into the bore have been fully carried out.\nconversion certificate see section 467(1)(d).\nCTSCo means Carbon Transport and Storage Corporation (CTSCo) Pty Limited ACN 143 012 971.\ndecommissioning day , for a relevant GHG well, means the day before which the well must be decommissioned from use under section 267(1)(b), as modified by section 456(2)(c).\nformer EPQ10 means the GHG permit ended under section 454.\nGAB Water Plan means the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 .\nlandowner means—\nfor a relevant GHG well, the owner of the land on which the well is located; or\nfor a water supply bore, the owner of the land on which the bore is located.\nrelevant GHG well means a GHG well that, immediately before former EPQ10 ended, was in the area of former EPQ10.\nsubartesian bore see the Water Act , schedule 4 .\ntransitional regulation see section 483(1).\nWater Act regulator means the chief executive of the department in which the Water Act , chapter 2 is administered.\nwater supply bore means an artesian bore, or a subartesian bore, that is primarily used for the supply of water.\ns 464 ins 2025 No. 31 s 6\n- (a) for a relevant GHG well, the owner of the land on which the well is located; or\n- (b) for a water supply bore, the owner of the land on which the bore is located.","sortOrder":644},{"sectionNumber":"sec.465","sectionType":"section","heading":"Purpose of part","content":"### sec.465 Purpose of part\n\nThe purpose of this part is—\nto permit CTSCo to do both of the following in relation to a relevant GHG well as an alternative to decommissioning the well from use under section 267, as modified by section 456—\nconvert the relevant GHG well into a water supply bore;\ntransfer the bore to the landowner for the bore; and\nto make provision for the way a relevant GHG well is to be plugged and abandoned for section 267(3)(a).\ns 465 ins 2025 No. 31 s 6\n- (a) to permit CTSCo to do both of the following in relation to a relevant GHG well as an alternative to decommissioning the well from use under section 267, as modified by section 456— (i) convert the relevant GHG well into a water supply bore; (ii) transfer the bore to the landowner for the bore; and\n- (i) convert the relevant GHG well into a water supply bore;\n- (ii) transfer the bore to the landowner for the bore; and\n- (b) to make provision for the way a relevant GHG well is to be plugged and abandoned for section 267(3)(a).\n- (i) convert the relevant GHG well into a water supply bore;\n- (ii) transfer the bore to the landowner for the bore; and","sortOrder":645},{"sectionNumber":"ch.8-pt.8-div.2","sectionType":"division","heading":"Modification of end of tenure report","content":"## Modification of end of tenure report","sortOrder":646},{"sectionNumber":"sec.466","sectionType":"section","heading":"Modification of obligation to give former EPQ10 end of tenure report","content":"### sec.466 Modification of obligation to give former EPQ10 end of tenure report\n\nSection 256 applies in relation to CTSCo as if the section required the former EPQ10 end of tenure report to be given to the chief executive, in the required way, before the relevant day.\nThis section applies despite section 455(2).\nIn this section—\nformer EPQ10 end of tenure report means the report, relating to former EPQ10, that was required to be given to the chief executive under section 256.\nrelevant day means the day that is 2 months after the latest of the following days—\nthe day that is 2 years after the day former EPQ10 ended under section 454;\nif, whether before or after the commencement, the Minister fixes a day for 1 or more relevant GHG wells under section 267(1)(b), as modified by section 456(2)(c)—the latest fixed day.\ns 466 ins 2025 No. 31 s 6\n(sec.466-ssec.1) Section 256 applies in relation to CTSCo as if the section required the former EPQ10 end of tenure report to be given to the chief executive, in the required way, before the relevant day.\n(sec.466-ssec.2) This section applies despite section 455(2).\n(sec.466-ssec.3) In this section— former EPQ10 end of tenure report means the report, relating to former EPQ10, that was required to be given to the chief executive under section 256. relevant day means the day that is 2 months after the latest of the following days— the day that is 2 years after the day former EPQ10 ended under section 454; if, whether before or after the commencement, the Minister fixes a day for 1 or more relevant GHG wells under section 267(1)(b), as modified by section 456(2)(c)—the latest fixed day.\n- (a) the day that is 2 years after the day former EPQ10 ended under section 454;\n- (b) if, whether before or after the commencement, the Minister fixes a day for 1 or more relevant GHG wells under section 267(1)(b), as modified by section 456(2)(c)—the latest fixed day.","sortOrder":647},{"sectionNumber":"ch.8-pt.8-div.3","sectionType":"division","heading":"Modification of obligation to decommission—general","content":"## Modification of obligation to decommission—general","sortOrder":648},{"sectionNumber":"sec.467","sectionType":"section","heading":"Modification of obligation to decommission relevant GHG well","content":"### sec.467 Modification of obligation to decommission relevant GHG well\n\nSection 267(1) does not apply in relation to a relevant GHG well if, before the decommissioning day for the well, all of the following requirements are complied with—\nCTSCo gives the Minister a notice of intention to convert the well that—\ncomplies with the requirements prescribed by transitional regulation for the notice; and\nwithout limiting subparagraph (i), is accompanied by a conversion plan for the well;\nthe landowner for the well gives CTSCo a signed statement in which the landowner—\nconsents to the conversion of the well into a water supply bore under this part; and\nstates the purpose for which the landowner intends to take water using the water supply bore; and\nagrees to take ownership of, and responsibility for, the water supply bore, after the conversion is completed;\na licensed water bore driller converts the well into a water supply bore in accordance with the requirements prescribed by transitional regulation for the conversion of the well into a water supply bore;\na licensed water bore driller signs a document (a conversion certificate ) stating that conversion of the well into a water supply bore has been completed in accordance with—\nthe conversion plan for the well given to the Minister under paragraph (a)(ii); and\nthe requirements for the conversion of the well mentioned in paragraph (c);\nwithin 10 business days after the day the conversion certificate is signed, CTSCo gives the Minister a notice of completion, in relation to the conversion of the well into a water supply bore, that complies with the requirements prescribed by transitional regulation for the notice;\nwithin 40 business days after the day the conversion certificate is signed, CTSCo transfers the water supply bore, under division 5, to the landowner for the water supply bore.\nIf section 267(1) applies to a relevant GHG well that is not a decommissioned GHG well, section 267(3)(a) applies in relation to the well—\nas if the paragraph required CTSCo to plug and abandon the well in the way prescribed by transitional regulation; and\nwhether or not works to plug and abandon the well started before the commencement.\nThis section applies despite section 456(2).\nIn this section—\nconversion plan , for a relevant GHG well, means a plan, approved and signed by a licensed water bore driller, showing how the well will be converted into a water supply bore in accordance with the water bore construction codes.\ndecommissioned GHG well means a relevant GHG well that, before the commencement, was decommissioned from use under section 267(3).\nlicensed water bore driller means an individual who holds a class 3 water bore driller’s licence under the Water Act .\nFor the classes of a water bore driller’s licence, see the Water Regulation 2016 , section 122.\nQueensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government.\nwater bore construction codes means both of the following documents published on a Queensland Government website—\nthe document called ‘Minimum construction requirements for water bores in Australia’;\nthe document called ‘Minimum standards for the construction and reconditioning of water bores that intersect the sediments of artesian basins in Queensland’.\ns 467 ins 2025 No. 31 s 6\n(sec.467-ssec.1) Section 267(1) does not apply in relation to a relevant GHG well if, before the decommissioning day for the well, all of the following requirements are complied with— CTSCo gives the Minister a notice of intention to convert the well that— complies with the requirements prescribed by transitional regulation for the notice; and without limiting subparagraph (i), is accompanied by a conversion plan for the well; the landowner for the well gives CTSCo a signed statement in which the landowner— consents to the conversion of the well into a water supply bore under this part; and states the purpose for which the landowner intends to take water using the water supply bore; and agrees to take ownership of, and responsibility for, the water supply bore, after the conversion is completed; a licensed water bore driller converts the well into a water supply bore in accordance with the requirements prescribed by transitional regulation for the conversion of the well into a water supply bore; a licensed water bore driller signs a document (a conversion certificate ) stating that conversion of the well into a water supply bore has been completed in accordance with— the conversion plan for the well given to the Minister under paragraph (a)(ii); and the requirements for the conversion of the well mentioned in paragraph (c); within 10 business days after the day the conversion certificate is signed, CTSCo gives the Minister a notice of completion, in relation to the conversion of the well into a water supply bore, that complies with the requirements prescribed by transitional regulation for the notice; within 40 business days after the day the conversion certificate is signed, CTSCo transfers the water supply bore, under division 5, to the landowner for the water supply bore.\n(sec.467-ssec.2) If section 267(1) applies to a relevant GHG well that is not a decommissioned GHG well, section 267(3)(a) applies in relation to the well— as if the paragraph required CTSCo to plug and abandon the well in the way prescribed by transitional regulation; and whether or not works to plug and abandon the well started before the commencement.\n(sec.467-ssec.3) This section applies despite section 456(2).\n(sec.467-ssec.4) In this section— conversion plan , for a relevant GHG well, means a plan, approved and signed by a licensed water bore driller, showing how the well will be converted into a water supply bore in accordance with the water bore construction codes. decommissioned GHG well means a relevant GHG well that, before the commencement, was decommissioned from use under section 267(3). licensed water bore driller means an individual who holds a class 3 water bore driller’s licence under the Water Act . For the classes of a water bore driller’s licence, see the Water Regulation 2016 , section 122. Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government. water bore construction codes means both of the following documents published on a Queensland Government website— the document called ‘Minimum construction requirements for water bores in Australia’; the document called ‘Minimum standards for the construction and reconditioning of water bores that intersect the sediments of artesian basins in Queensland’.\n- (a) CTSCo gives the Minister a notice of intention to convert the well that— (i) complies with the requirements prescribed by transitional regulation for the notice; and (ii) without limiting subparagraph (i), is accompanied by a conversion plan for the well;\n- (i) complies with the requirements prescribed by transitional regulation for the notice; and\n- (ii) without limiting subparagraph (i), is accompanied by a conversion plan for the well;\n- (b) the landowner for the well gives CTSCo a signed statement in which the landowner— (i) consents to the conversion of the well into a water supply bore under this part; and (ii) states the purpose for which the landowner intends to take water using the water supply bore; and (iii) agrees to take ownership of, and responsibility for, the water supply bore, after the conversion is completed;\n- (i) consents to the conversion of the well into a water supply bore under this part; and\n- (ii) states the purpose for which the landowner intends to take water using the water supply bore; and\n- (iii) agrees to take ownership of, and responsibility for, the water supply bore, after the conversion is completed;\n- (c) a licensed water bore driller converts the well into a water supply bore in accordance with the requirements prescribed by transitional regulation for the conversion of the well into a water supply bore;\n- (d) a licensed water bore driller signs a document (a conversion certificate ) stating that conversion of the well into a water supply bore has been completed in accordance with— (i) the conversion plan for the well given to the Minister under paragraph (a)(ii); and (ii) the requirements for the conversion of the well mentioned in paragraph (c);\n- (i) the conversion plan for the well given to the Minister under paragraph (a)(ii); and\n- (ii) the requirements for the conversion of the well mentioned in paragraph (c);\n- (e) within 10 business days after the day the conversion certificate is signed, CTSCo gives the Minister a notice of completion, in relation to the conversion of the well into a water supply bore, that complies with the requirements prescribed by transitional regulation for the notice;\n- (f) within 40 business days after the day the conversion certificate is signed, CTSCo transfers the water supply bore, under division 5, to the landowner for the water supply bore.\n- (i) complies with the requirements prescribed by transitional regulation for the notice; and\n- (ii) without limiting subparagraph (i), is accompanied by a conversion plan for the well;\n- (i) consents to the conversion of the well into a water supply bore under this part; and\n- (ii) states the purpose for which the landowner intends to take water using the water supply bore; and\n- (iii) agrees to take ownership of, and responsibility for, the water supply bore, after the conversion is completed;\n- (i) the conversion plan for the well given to the Minister under paragraph (a)(ii); and\n- (ii) the requirements for the conversion of the well mentioned in paragraph (c);\n- (a) as if the paragraph required CTSCo to plug and abandon the well in the way prescribed by transitional regulation; and\n- (b) whether or not works to plug and abandon the well started before the commencement.\n- (a) the document called ‘Minimum construction requirements for water bores in Australia’;\n- (b) the document called ‘Minimum standards for the construction and reconditioning of water bores that intersect the sediments of artesian basins in Queensland’.","sortOrder":649},{"sectionNumber":"sec.468","sectionType":"section","heading":"Modification of responsibility for relevant GHG well after decommissioning","content":"### sec.468 Modification of responsibility for relevant GHG well after decommissioning\n\nThis section applies if a relevant GHG well is decommissioned from use under section 267(3), as modified by section 467(2), on or after the decommissioning day for the well.\nDespite section 269(1), section 269(3) and (4), as modified by section 456(4), applies in relation to the relevant GHG well.\ns 468 ins 2025 No. 31 s 6\n(sec.468-ssec.1) This section applies if a relevant GHG well is decommissioned from use under section 267(3), as modified by section 467(2), on or after the decommissioning day for the well.\n(sec.468-ssec.2) Despite section 269(1), section 269(3) and (4), as modified by section 456(4), applies in relation to the relevant GHG well.","sortOrder":650},{"sectionNumber":"ch.8-pt.8-div.4","sectionType":"division","heading":"Conversion of relevant GHG wells","content":"## Conversion of relevant GHG wells","sortOrder":651},{"sectionNumber":"sec.469","sectionType":"section","heading":"Modification of right of entry to facilitate decommissioning of relevant GHG well","content":"### sec.469 Modification of right of entry to facilitate decommissioning of relevant GHG well\n\nSection 459 applies in relation to CTSCo as if a reference to decommissioning for EPQ10 in that section included a reference to—\nconversion of a relevant GHG well into a water supply bore under this part; or\nplugging and abandoning the well under section 267(3)(a), as modified by section 467(2).\ns 469 ins 2025 No. 31 s 6\n- (a) conversion of a relevant GHG well into a water supply bore under this part; or\n- (b) plugging and abandoning the well under section 267(3)(a), as modified by section 467(2).","sortOrder":652},{"sectionNumber":"sec.470","sectionType":"section","heading":"Works carried out to convert relevant GHG well into water supply bore taken to be water bore drilling activities","content":"### sec.470 Works carried out to convert relevant GHG well into water supply bore taken to be water bore drilling activities\n\nTo remove any doubt, it is declared that works carried out to convert a relevant GHG well into a water supply bore under this part are water bore drilling activities under the Water Act .\ns 470 ins 2025 No. 31 s 6","sortOrder":653},{"sectionNumber":"sec.471","sectionType":"section","heading":"Particular development taken to be accepted development","content":"### sec.471 Particular development taken to be accepted development\n\nThis section applies in relation to the conversion of a relevant GHG well into a water supply bore under this part if—\nthe conversion involves development; and\nthe development would, other than for subsection (2), be prohibited development or assessable development under the Planning Act 2016 .\nThe development is taken to be accepted development for the Planning Act 2016 .\nIn this section—\ndevelopment see the Planning Act 2016 , schedule 2.\ns 471 ins 2025 No. 31 s 6\n(sec.471-ssec.1) This section applies in relation to the conversion of a relevant GHG well into a water supply bore under this part if— the conversion involves development; and the development would, other than for subsection (2), be prohibited development or assessable development under the Planning Act 2016 .\n(sec.471-ssec.2) The development is taken to be accepted development for the Planning Act 2016 .\n(sec.471-ssec.3) In this section— development see the Planning Act 2016 , schedule 2.\n- (a) the conversion involves development; and\n- (b) the development would, other than for subsection (2), be prohibited development or assessable development under the Planning Act 2016 .","sortOrder":654},{"sectionNumber":"sec.472","sectionType":"section","heading":"Partial compliance with conversion requirements under s 467","content":"### sec.472 Partial compliance with conversion requirements under s 467\n\nThis section applies in relation to a relevant GHG well if—\nCTSCo gives the Minister a notice of intention to convert the well under section 467(1)(a); and\nimmediately before the decommissioning day for the well—\na requirement under section 467(1)(b) to (f) has not been complied with in relation to the well; and\nthe well has not been decommissioned from use under section 267, as modified by sections 456 and 467(2).\nSection 267, as modified by sections 456 and 467(2), continues to apply in relation to the relevant GHG well despite anything done to comply with a requirement under section 467(1)(b) to (f).\ns 472 ins 2025 No. 31 s 6\n(sec.472-ssec.1) This section applies in relation to a relevant GHG well if— CTSCo gives the Minister a notice of intention to convert the well under section 467(1)(a); and immediately before the decommissioning day for the well— a requirement under section 467(1)(b) to (f) has not been complied with in relation to the well; and the well has not been decommissioned from use under section 267, as modified by sections 456 and 467(2).\n(sec.472-ssec.2) Section 267, as modified by sections 456 and 467(2), continues to apply in relation to the relevant GHG well despite anything done to comply with a requirement under section 467(1)(b) to (f).\n- (a) CTSCo gives the Minister a notice of intention to convert the well under section 467(1)(a); and\n- (b) immediately before the decommissioning day for the well— (i) a requirement under section 467(1)(b) to (f) has not been complied with in relation to the well; and (ii) the well has not been decommissioned from use under section 267, as modified by sections 456 and 467(2).\n- (i) a requirement under section 467(1)(b) to (f) has not been complied with in relation to the well; and\n- (ii) the well has not been decommissioned from use under section 267, as modified by sections 456 and 467(2).\n- (i) a requirement under section 467(1)(b) to (f) has not been complied with in relation to the well; and\n- (ii) the well has not been decommissioned from use under section 267, as modified by sections 456 and 467(2).","sortOrder":655},{"sectionNumber":"ch.8-pt.8-div.5","sectionType":"division","heading":"Transfer of converted water supply bores","content":"## Transfer of converted water supply bores","sortOrder":656},{"sectionNumber":"sec.473","sectionType":"section","heading":"Application of division","content":"### sec.473 Application of division\n\nThis division applies if, before the decommissioning day for a relevant GHG well, the requirements stated in section 467(1)(a) to (e) have been complied with in relation to the conversion of the well into a water supply bore.\ns 473 ins 2025 No. 31 s 6","sortOrder":657},{"sectionNumber":"sec.474","sectionType":"section","heading":"Transfer of water supply bore to landowner","content":"### sec.474 Transfer of water supply bore to landowner\n\nFor section 467(1)(f), CTSCo may transfer the water supply bore to the landowner for the bore by giving the chief executive a notice of transfer that complies with the requirements prescribed by transitional regulation for the notice.\nSee also section 478.\ns 474 ins 2025 No. 31 s 6","sortOrder":658},{"sectionNumber":"sec.475","sectionType":"section","heading":"Effect of transfer","content":"### sec.475 Effect of transfer\n\nIf the water supply bore is transferred to the landowner for the bore under section 474—\nownership of all infrastructure and equipment forming part of the bore is transferred to the landowner; and\nthe bore, including all infrastructure and equipment forming part of the bore, is no longer a GHG well for the purposes of this Act; and\nthe landowner assumes responsibility for the bore, including all infrastructure and equipment forming part of the bore, for the purposes of any Act or law applying to the bore, infrastructure or equipment.\nSubsection (1)(b) applies despite schedule 2, definition GHG well .\nTo remove any doubt, it is declared that the transfer of the water supply bore to the landowner does not of itself authorise the landowner to use the bore to take or interfere with water.\nSee section 479 in relation to the grant of a water licence to the landowner to take water for stock purposes using the water supply bore.\nSee also the GAB Water Plan, part 4, division 3 in relation to taking or interfering with water in the plan area for the GAB Water Plan.\ns 475 ins 2025 No. 31 s 6\n(sec.475-ssec.1) If the water supply bore is transferred to the landowner for the bore under section 474— ownership of all infrastructure and equipment forming part of the bore is transferred to the landowner; and the bore, including all infrastructure and equipment forming part of the bore, is no longer a GHG well for the purposes of this Act; and the landowner assumes responsibility for the bore, including all infrastructure and equipment forming part of the bore, for the purposes of any Act or law applying to the bore, infrastructure or equipment.\n(sec.475-ssec.2) Subsection (1)(b) applies despite schedule 2, definition GHG well .\n(sec.475-ssec.3) To remove any doubt, it is declared that the transfer of the water supply bore to the landowner does not of itself authorise the landowner to use the bore to take or interfere with water. See section 479 in relation to the grant of a water licence to the landowner to take water for stock purposes using the water supply bore. See also the GAB Water Plan, part 4, division 3 in relation to taking or interfering with water in the plan area for the GAB Water Plan.\n- (a) ownership of all infrastructure and equipment forming part of the bore is transferred to the landowner; and\n- (b) the bore, including all infrastructure and equipment forming part of the bore, is no longer a GHG well for the purposes of this Act; and\n- (c) the landowner assumes responsibility for the bore, including all infrastructure and equipment forming part of the bore, for the purposes of any Act or law applying to the bore, infrastructure or equipment.\n- 1 See section 479 in relation to the grant of a water licence to the landowner to take water for stock purposes using the water supply bore.\n- 2 See also the GAB Water Plan, part 4, division 3 in relation to taking or interfering with water in the plan area for the GAB Water Plan.","sortOrder":659},{"sectionNumber":"sec.476","sectionType":"section","heading":"Notice of transfer to Water Act regulator","content":"### sec.476 Notice of transfer to Water Act regulator\n\nIf the chief executive is given a notice of transfer relating to the water supply bore under section 474, the chief executive must, within 30 business days of receiving the notice, give a copy of the notice to the Water Act regulator.\nA failure to comply with subsection (1) does not invalidate or otherwise affect the transfer to which the notice relates.\ns 476 ins 2025 No. 31 s 6\n(sec.476-ssec.1) If the chief executive is given a notice of transfer relating to the water supply bore under section 474, the chief executive must, within 30 business days of receiving the notice, give a copy of the notice to the Water Act regulator.\n(sec.476-ssec.2) A failure to comply with subsection (1) does not invalidate or otherwise affect the transfer to which the notice relates.","sortOrder":660},{"sectionNumber":"ch.8-pt.8-div.6","sectionType":"division","heading":"Other matters relating to converted water supply bores","content":"## Other matters relating to converted water supply bores","sortOrder":661},{"sectionNumber":"sec.477","sectionType":"section","heading":"Conversion report","content":"### sec.477 Conversion report\n\nWithin 60 business days after the day a conversion certificate, relating to the conversion of a relevant GHG well into a water supply bore, is signed, CTSCo must give the chief executive a conversion report that complies with the requirements prescribed by transitional regulation for the report.\nMaximum penalty—100 penalty units.\nWithin 30 business days of receiving the report, the chief executive must give a copy of the report to the Water Act regulator.\nA failure to comply with subsection (1) or (2) does not invalidate or otherwise affect the transfer of the water supply bore to which the conversion report relates.\ns 477 ins 2025 No. 31 s 6\n(sec.477-ssec.1) Within 60 business days after the day a conversion certificate, relating to the conversion of a relevant GHG well into a water supply bore, is signed, CTSCo must give the chief executive a conversion report that complies with the requirements prescribed by transitional regulation for the report. Maximum penalty—100 penalty units.\n(sec.477-ssec.2) Within 30 business days of receiving the report, the chief executive must give a copy of the report to the Water Act regulator.\n(sec.477-ssec.3) A failure to comply with subsection (1) or (2) does not invalidate or otherwise affect the transfer of the water supply bore to which the conversion report relates.","sortOrder":662},{"sectionNumber":"sec.478","sectionType":"section","heading":"Restriction on transfers of converted water supply bores","content":"### sec.478 Restriction on transfers of converted water supply bores\n\nThis section applies if—\nthe requirements stated in section 467(1)(a) to (e) have been complied with in relation to the conversion of a relevant GHG well into a water supply bore; and\nCTSCo purports to transfer the bore other than under section 474.\nThe purported transfer is of no effect.\nSee section 472 for the continuing application of section 267 to the relevant GHG well if the requirements under section 467(1)(b) to (f) are partially complied with.\ns 478 ins 2025 No. 31 s 6\n(sec.478-ssec.1) This section applies if— the requirements stated in section 467(1)(a) to (e) have been complied with in relation to the conversion of a relevant GHG well into a water supply bore; and CTSCo purports to transfer the bore other than under section 474.\n(sec.478-ssec.2) The purported transfer is of no effect. See section 472 for the continuing application of section 267 to the relevant GHG well if the requirements under section 467(1)(b) to (f) are partially complied with.\n- (a) the requirements stated in section 467(1)(a) to (e) have been complied with in relation to the conversion of a relevant GHG well into a water supply bore; and\n- (b) CTSCo purports to transfer the bore other than under section 474.","sortOrder":663},{"sectionNumber":"sec.479","sectionType":"section","heading":"Water licence to take water for stock purposes","content":"### sec.479 Water licence to take water for stock purposes\n\nThis section applies if—\nthe chief executive gives the Water Act regulator a copy of a notice of transfer relating to a water supply bore under section 476; and\nthe Water Act regulator considers the landowner for the water supply bore will take water for stock purposes using the bore.\nThe Water Act regulator must, within 60 business days of receiving the copy of the notice of transfer, grant a water licence, with or without conditions, to the landowner to take water for stock purposes using the bore.\nThe water licence must not allow the landowner to take water using the water supply bore unless the bore has a watertight delivery system within the meaning of the GAB Water Plan, section 29(2).\nSee also the GAB Water Plan, sections 26(2)(a) and 31(1).\nFor the GAB Water Plan, section 31(2), the water supply bore is taken to have been drilled after the commencement of the GAB Water Plan.\nThe GAB Water Plan, part 4, division 5 does not apply in relation to the granting of the water licence.\nFor the Water Act , section 116 (2) , the process mentioned in subsections (1) to (5) is taken to be stated in the GAB Water Plan.\nSee the Water Act , section 116 (2) for when the Water Act regulator may grant a water licence without the need for an application to be made under section 107 of that Act.\nIn this section—\nstock purposes see the Water Act , schedule 4 .\nwater licence see the Water Act , schedule 4 .\ns 479 ins 2025 No. 31 s 6\n(sec.479-ssec.1) This section applies if— the chief executive gives the Water Act regulator a copy of a notice of transfer relating to a water supply bore under section 476; and the Water Act regulator considers the landowner for the water supply bore will take water for stock purposes using the bore.\n(sec.479-ssec.2) The Water Act regulator must, within 60 business days of receiving the copy of the notice of transfer, grant a water licence, with or without conditions, to the landowner to take water for stock purposes using the bore.\n(sec.479-ssec.3) The water licence must not allow the landowner to take water using the water supply bore unless the bore has a watertight delivery system within the meaning of the GAB Water Plan, section 29(2). See also the GAB Water Plan, sections 26(2)(a) and 31(1).\n(sec.479-ssec.4) For the GAB Water Plan, section 31(2), the water supply bore is taken to have been drilled after the commencement of the GAB Water Plan.\n(sec.479-ssec.5) The GAB Water Plan, part 4, division 5 does not apply in relation to the granting of the water licence.\n(sec.479-ssec.6) For the Water Act , section 116 (2) , the process mentioned in subsections (1) to (5) is taken to be stated in the GAB Water Plan. See the Water Act , section 116 (2) for when the Water Act regulator may grant a water licence without the need for an application to be made under section 107 of that Act.\n(sec.479-ssec.7) In this section— stock purposes see the Water Act , schedule 4 . water licence see the Water Act , schedule 4 .\n- (a) the chief executive gives the Water Act regulator a copy of a notice of transfer relating to a water supply bore under section 476; and\n- (b) the Water Act regulator considers the landowner for the water supply bore will take water for stock purposes using the bore.","sortOrder":664},{"sectionNumber":"ch.8-pt.8-div.7","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":665},{"sectionNumber":"sec.480","sectionType":"section","heading":"Relevant GHG well taken to be operating plant despite ending of former EPQ10","content":"### sec.480 Relevant GHG well taken to be operating plant despite ending of former EPQ10\n\nDespite the ending of former EPQ10 under section 454, a relevant GHG well is taken to be operating plant, under the P&G Act , section 670 (2) (h) , until—\nthe well is decommissioned from use under section 267(3), as modified by section 467(2); or\nthe conversion of the well into a water supply bore under this part is completed and section 475(1)(b) applies in relation to the bore.\ns 480 ins 2025 No. 31 s 6\n- (a) the well is decommissioned from use under section 267(3), as modified by section 467(2); or\n- (b) the conversion of the well into a water supply bore under this part is completed and section 475(1)(b) applies in relation to the bore.","sortOrder":666},{"sectionNumber":"sec.481","sectionType":"section","heading":"No compensation payable by the State","content":"### sec.481 No compensation payable by the State\n\nNo compensation is payable by the State to any person because of the enactment or operation of this part or anything done to carry out or give effect to this part.\nThis section applies despite any other Act or law.\ns 481 ins 2025 No. 31 s 6\n(sec.481-ssec.1) No compensation is payable by the State to any person because of the enactment or operation of this part or anything done to carry out or give effect to this part.\n(sec.481-ssec.2) This section applies despite any other Act or law.","sortOrder":667},{"sectionNumber":"sec.482","sectionType":"section","heading":"Limited right of entry to comply with rehabilitation conditions","content":"### sec.482 Limited right of entry to comply with rehabilitation conditions\n\nThis section applies if a relevant GHG well has been—\ndecommissioned; and\ntransferred to the State under section 269(3), as modified by section 456(4)(c).\nThe decommissioning and transfer does not affect the application of the rehabilitation conditions to CTSCo.\nCTSCo may, after the decommissioning and transfer, enter the following land to the extent it is necessary to comply with the rehabilitation conditions—\nland on which the decommissioned relevant GHG well is located;\nother land it is reasonably necessary to cross for access to land mentioned in paragraph (a).\nIn this section—\ndecommissioned , in relation to a relevant GHG well, means—\ndecommissioned from use under section 267(3), as it applied immediately before the commencement; or\ndecommissioned from use under section 267(3), as modified by section 467(2).\nrehabilitation conditions means conditions 58 to 60 of the environmental authority, with the environmental authority number ‘EPPG00646913’, ended under the Environmental Protection Act , section 819 (1) (a) .\ns 482 ins 2025 No. 31 s 6\n(sec.482-ssec.1) This section applies if a relevant GHG well has been— decommissioned; and transferred to the State under section 269(3), as modified by section 456(4)(c).\n(sec.482-ssec.2) The decommissioning and transfer does not affect the application of the rehabilitation conditions to CTSCo.\n(sec.482-ssec.3) CTSCo may, after the decommissioning and transfer, enter the following land to the extent it is necessary to comply with the rehabilitation conditions— land on which the decommissioned relevant GHG well is located; other land it is reasonably necessary to cross for access to land mentioned in paragraph (a).\n(sec.482-ssec.4) In this section— decommissioned , in relation to a relevant GHG well, means— decommissioned from use under section 267(3), as it applied immediately before the commencement; or decommissioned from use under section 267(3), as modified by section 467(2). rehabilitation conditions means conditions 58 to 60 of the environmental authority, with the environmental authority number ‘EPPG00646913’, ended under the Environmental Protection Act , section 819 (1) (a) .\n- (a) decommissioned; and\n- (b) transferred to the State under section 269(3), as modified by section 456(4)(c).\n- (a) land on which the decommissioned relevant GHG well is located;\n- (b) other land it is reasonably necessary to cross for access to land mentioned in paragraph (a).\n- (a) decommissioned from use under section 267(3), as it applied immediately before the commencement; or\n- (b) decommissioned from use under section 267(3), as modified by section 467(2).","sortOrder":668},{"sectionNumber":"ch.8-pt.8-div.8","sectionType":"division","heading":"Transitional regulation-making power","content":"## Transitional regulation-making power","sortOrder":669},{"sectionNumber":"sec.483","sectionType":"section","heading":"Transitional regulation-making power","content":"### sec.483 Transitional regulation-making power\n\nA regulation (a transitional regulation ) may make provision about the following matters—\nmatters that may be prescribed by transitional regulation under another provision of this part;\nanother matter for which—\nit is necessary to make provision to allow or facilitate the doing of anything to achieve the operation of this part; and\nthis part does not provide or sufficiently provide.\nA transitional regulation may have retrospective operation to a day not earlier than the day this section commences.\nA transitional regulation must declare it is a transitional regulation.\nThis division and any transitional regulation expire on 18 June 2029.\ns 483 ins 2025 No. 31 s 6\nexp 18 June 2029 (see s 483(4))\n(sec.483-ssec.1) A regulation (a transitional regulation ) may make provision about the following matters— matters that may be prescribed by transitional regulation under another provision of this part; another matter for which— it is necessary to make provision to allow or facilitate the doing of anything to achieve the operation of this part; and this part does not provide or sufficiently provide.\n(sec.483-ssec.2) A transitional regulation may have retrospective operation to a day not earlier than the day this section commences.\n(sec.483-ssec.3) A transitional regulation must declare it is a transitional regulation.\n(sec.483-ssec.4) This division and any transitional regulation expire on 18 June 2029.\n- (a) matters that may be prescribed by transitional regulation under another provision of this part;\n- (b) another matter for which— (i) it is necessary to make provision to allow or facilitate the doing of anything to achieve the operation of this part; and (ii) this part does not provide or sufficiently provide.\n- (i) it is necessary to make provision to allow or facilitate the doing of anything to achieve the operation of this part; and\n- (ii) this part does not provide or sufficiently provide.\n- (i) it is necessary to make provision to allow or facilitate the doing of anything to achieve the operation of this part; and\n- (ii) this part does not provide or sufficiently provide.","sortOrder":670}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes — the Act has grown substantially beyond a narrow licensing framework for CO2 injection. The original core (facilitating geological storage via permits and leases and setting safety/environmental conditions: sec 3) remains, but later and repeated amendments layered in significant additional functions and reach: \n\n- State ownership and broad reservation of subsurface storage (sec 27–28) centralises rights to reservoirs.  \n- Deep integration with other resource regimes and coordinated planning for overlapping tenures (ch 4: secs 186–213) introduces a complex inter‑tenure management system rather than a simple storage licence.  \n- Detailed data acquisition, public release and record-keeping obligations (secs 257–261, 258–259) make exploration data a public good under regulated timing — an expansion from licensing to information policy.  \n- Powerful State remedies, security and remediation costs (parts 5–6, secs 270–276, 356–362) extend the Act to cover decommissioning liability management and State-funded remediation.  \n- Recent transitional/additional measures (2024–2025 amendments and specific CTSCo provisions in ch 8) introduce exceptional industry‑specific and social provisions (e.g. rules for converting wells to water bores: sec 467) that go beyond purely regulating commercial storage operations and touch on water supply, landowner transfers and special regional arrangements.  \n\nMechanically, these additions shift the Act from a sectoral licensing statute into an integrated resource-management regime that allocates subsurface property rights, manages overlaps with mining/petroleum/geothermal activities, enforces long-term environmental liabilities, and mandates public release of exploration data. Each of those extensions increases the Act’s administrative scope and the range of stakeholders affected (resource companies, other tenure holders, water regulators, local government and landowners)."},"complexity_factors":["Very long statute with hundreds of sections and extensive Part/Chapter structure (chs 1–8 with many Parts and Divisions)","Extensive defined terminology and multiple key definitions in schedule and sec 11–26A (many cross‑references throughout)","Numerous cross-references to at least 5 other Acts (Petroleum & Gas (P&G) Act, Water Act, Geothermal Act, Mineral Resources Act, Common Provisions Act) creating layered approval and safety checks (secs 4, 55, 57, 111, 121, 149, ch 4)","Dual tenure types (permits, leases, data acquisition authorities) with separate, interlocking procedures and staged conversions (secs 18, 32–41, 117–131, 233–236)","Complex conditional logic and staged requirements (work program/development plan cycles, relinquishment schedules, extensions, penalty relinquishments) with many nested exceptions (secs 41, 72–79, 66–70, 90–96)","Multiple discretionary Ministerial powers combined with mandated procedural safeguards (notice periods, submissions, independent verification) — high regulatory discretion with procedural complexity (secs 33, 38, 56, 271, 272, 381–384)","Extensive enforcement options and remedies (security, amendments, cancellation, remedial powers, compensation, recovery) with cross-linking provisions (secs 270–277, 356–362, 371, 379, 362)","Detailed reporting, record-keeping and public release regime with confidentiality periods and data transfer rules (secs 253–262, 257–259)","Large transitional and amendment schedules (ch 8) adding bespoke, often time-limited special rules (e.g., conversion of wells to water bores, CTSCo transitional rules) — increases interpretative overhead"],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a dedicated legal regime for geological storage of greenhouse gas (mostly CO2). It creates new permits, leases and a short-term data acquisition authority called GHG authorities (see secs 3, 18).  \n- Grants the State ownership of underground GHG storage reservoirs and reserves the right to enter and regulate storage (secs 27–28).  \n- Sets out how GHG exploration permits are awarded (competitive tenders only), how work programs are prepared/approved, and mandatory performance rules including staged relinquishment of area, annual rent and reporting obligations (chs 2, pt 2–5; secs 32–97; 72–91; 86–91).  \n- Provides for transition from permits to GHG injection & storage leases (application, development plans, criteria for grant, storage commencement requirements) and for leases to continue until surrendered (chs 3, pts 2–6; secs 113–171).  \n- Integrates safety, pipeline and water law: it applies portions of the Petroleum & Gas (Production & Safety) Act and the Water Act to GHG activities (secs 4, 54, 84, 149, 165).  \n- Creates rules for overlapping resource tenures (mining, petroleum, geothermal): mandatory consultation, priority rules, coordination arrangements between tenure-holders and Ministerial decision processes where activities overlap (ch 4, pts 2–4; secs 183–213).  \n- Requires detailed reporting, record-keeping and public release of exploration and well data; the chief executive may publish required information after confidentiality periods (chs 5, pt 4; secs 253–262).  \n- Establishes enforcement tools: security requirements, penalties, non-compliance actions (including amendment, reduction, cancellation of authorities), Ministerial remedial powers and provisions for compensation where State acts (parts 5–6; secs 270–379; 356–362).  \n- Contains multiple transitional and amendment provisions dealing with earlier permits, industry participants, and several specialty measures (for example conversion of certain wells to water bores; see ch 8, pts 7–8).\n\n**Who it affects**\n\n- Companies and individuals that will explore for or store greenhouse gas: they must bid for permits, prepare work or development plans, meet capability criteria, pay rent, give security, and comply with safety, water and reporting rules (secs 18–20, 33–43, 53–66, 86, 270–276).  \n- Holders of existing petroleum, mining or geothermal tenures whose areas overlap proposed storage areas: the Act sets consultation, priority and coordination rules (chs 4, secs 183–213).  \n- Landowners and occupiers of surface land in permit/lease areas: the law creates consultation duties and compensation mechanisms; it also imposes conditions on access and use (secs 85, 329, ch 5 pt 12).  \n- State agencies (Minister, chief executive, water regulator, inspectors): they make allocation decisions, supervise compliance, receive data, and may exercise remedial powers (secs 33, 40, 271, 356, 364).  \n- Local government (rates/charges): lease-holders must pay local government rates where a lease is located (sec 169A).\n\n**Why it matters (stated purpose and practical implications)\n\n- Stated purpose: to reduce greenhouse gas emissions by enabling geological storage of carbon dioxide and to regulate that activity to protect other land uses, water resources and public safety (sec 3).  \n- Practical implications: the Act sets the legal pathway for capture-and-storage projects by (a) defining the tenures and approval pathway (tenders, work/development plans), (b) allocating property/rights in subsurface storage to the State (sec 27), (c) imposing environmental, safety and water cross‑checks (secs 55, 147, 149, 165), and (d) creating monitoring, reporting and public-data release obligations to support oversight and future planning (secs 142, 145, 254, 261).\n\nAnalytical lens — costs, incentives, trade-offs, implementation risks, and who decides or pays\n\n- Who pays: permit and lease holders pay application fees, annual rent, penalties for late payment (secs 35, 86, 168, 87, 169), security demanded by the Minister to cover future liabilities (secs 270–276), and must meet costs of monitoring and independent verification when required (secs 56, 148). The State can recover enforcement or remediation costs from holders (secs 274, 275, 362). Local rate obligations for leases fall on lease-holders (sec 169A).  \n- Who decides: the Minister has wide discretionary decision‑making powers over tenders, approvals, imposing conditions, non‑compliance actions and rights to require security and independent verification (secs 33, 38–43, 55–57, 271–272, 379). The Water Act Minister must sign off on groundwater aspects of programs/plans (secs 57, 149). The Land Court handles appeals on enumerated Ministerial decisions (chs 6 pt 3).  \n- Behavioural incentives: the tender and conditional permitting system (work/development plans, staged relinquishment) creates incentives to advance exploration and to focus work on promising areas (secs 32, 41, 72–74). Security and reporting requirements increase compliance costs and push firms to internalise decommissioning and monitoring liabilities (secs 270–277; 253, 254, 256). The ability to require relinquishment, amend areas or cancel authorisations (secs 72–79, 379–385) creates a penalty incentive for timely work.  \n- Trade-offs and implementation risks: the Act balances enabling storage (tenders, leases) with protective measures (Water Act referral, safety provisions, overlapping tenure rules). That requires technical coordination across agencies and with holders of other tenures — creating timing, data-sharing and coordination risks (secs 55–57, 121, 188–193). Large discretion for the Minister (e.g. in approving tenders, imposing conditions, using remediation powers) increases regulatory uncertainty for investors (secs 38–43, 92A, 173A, 356).  \n- Compliance burden and administrative resources: detailed mandatory reporting, verification by independent experts, and public‑release rules place recurring administrative costs on industry and resource demands on regulators (secs 56, 148, 257–261).  \n- Effects on private enterprise and markets: the State’s reservation of subsurface storage (sec 27) and detailed permitting regime centralise allocation decisions; coordination and pipeline ownership rules (secs 111, 186–192, 250–252) shape how transport and storage infrastructure can be commercialised.  \n- Concentrated benefits and diffuse costs: commercial operators that secure leases may obtain exclusive storage capacity and coordination advantages; costs (administrative, monitoring, possible land access impacts) are borne by many permit/lease holders and landowners, while data requirements produce public knowledge (secs 118, 120, 261).  \n- Capture and substitution effects: coordination arrangements allow pooled infrastructure use (possible efficiency gains) but also require safeguards to ensure arm’s‑length commercial terms (secs 186–193, 119). The Act contains explicit checks on non‑arms‑length relevant arrangements (sec 119).\n\nConcrete mechanisms that control risk and accountability\n\n- Mandatory environmental and water clearance before grant/approval of work/development plans (secs 40–41, 55, 57, 147, 149).  \n- Independent verification where data or capability are crucial (secs 56, 148, 247).  \n- Financial security and the right to use it for remediation or unpaid costs (secs 270–275).  \n- Ministerial remedial powers and rights to enter and fix non‑compliance, with compensation pathways for affected landowners (secs 356–362).  \n- Public reporting and data release (secs 256, 259, 261), to support transparency and future resource planning.\n\nBottom line (mechanics not judgement): the Act builds a comprehensive, State‑centred regulatory system to licence, monitor and enforce underground storage of CO2, linking in existing safety, petroleum, water and land access laws. It places most direct operational and financial obligations on private tenure‑holders (work plans, reporting, security, decommissioning), while giving the Minister substantial decision and remedial powers (see secs 20, 271, 356, 379)."},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act appears to have remained substantially true to its original purpose of facilitating greenhouse gas geological storage in Queensland. Amendments over time have refined administrative processes (such as adding the Common Provisions Act relationship, the Personal Property Securities Act declaration, and disqualification provisions) and updated cross-references, but have not materially expanded or contracted the core regulatory scheme for CCS permitting."},"complexity_factors":["Extensive cross-referencing between multiple Acts (Petroleum and Gas Act, Mineral Resources Act, Geothermal Act, Nature Conservation Act, Water Act, Corporations Act, Common Provisions Act, Personal Property Securities Act, Petroleum (Submerged Lands) Act)","Multi-tiered permit system with different authority types (GHG permits, GHG leases, data acquisition authorities) each with distinct legal requirements and lifecycle rules","Complex area management provisions including 'unavailable land', 'excluded land', 'residual blocks', and 'sub-blocks' requiring technical spatial understanding","Elaborate work program regime with separate requirements for initial programs, later programs, and amendments, each with different approval criteria","Relinquishment conditions with multiple trigger events, deferral mechanisms, and percentage-based calculations","Multiple overlapping regulatory jurisdictions (State, coastal waters, Commonwealth adjacent areas) with different rules for each","Technical scientific subject matter (geological formations, GHG stream composition, injection testing) embedded in legal obligations","Interaction with competitive tender processes including preferred tenderer rules, disqualification provisions, and capability criteria assessments","Extensive amendment history requiring tracking of changes across multiple amending Acts since 2009","Mandatory conditions that operate independently of stated permit conditions, creating layered compliance obligations"],"plain_english_summary":"The Greenhouse Gas Storage Act 2009 sets up Queensland’s legal framework for carbon capture and storage (CCS), making underground CO₂ reservoirs state-owned and regulating who may explore, inject and store CO₂. It requires government permits and approvals, protects landowners’ interests, and enforces environmental safeguards.\n\nThe law affects energy companies, landholders, and regulators by enabling CCS projects while balancing climate goals, property impacts and groundwater and conservation protections."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":794},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose. The 2009 Act was designed to facilitate greenhouse gas geological storage through a comprehensive regulatory framework, and the provisions examined (covering exploration permits, storage leases, data acquisition authorities, and coordination with other resource activities) align with that core objective. Amendments noted in the text (2010, 2012, 2014, 2018, 2020, 2024) appear to be refinements and operational improvements rather than scope expansion."},"complexity_factors":["Multiple interlocking authority types (permits, leases, data acquisition) with different rules and transition mechanisms between them","Extensive cross-referencing to other Acts including Petroleum and Gas Act, Mineral Resources Act, Geothermal Act, Water Act, Environmental Protection Act, and Corporations Act","Detailed mandatory conditions with nested exceptions (e.g., relinquishment rules with deferrals, penalty relinquishments, and exclusions)","Complex area calculations involving blocks, sub-blocks, residual blocks, excluded land, and unavailable land","Work program and development plan requirements with multiple approval stages, amendment procedures, and cascading consequences for non-compliance","Overlapping authority provisions requiring resource management decisions, priority determinations, and coordination arrangements","Multiple time-based triggers (business days, anniversary days, 4-year relinquishment cycles, 5-year storage commencement deadlines, 10-year potential storage area limits)","Safety management plan obligations integrated with petroleum and gas safety provisions"],"plain_english_summary":"**What this law does:**\n\nThis is Queensland's **Greenhouse Gas Storage Act 2009** — a law that sets up a system for storing carbon dioxide (CO₂) underground to reduce greenhouse gas emissions.\n\n**The big picture:**\n- The State owns all underground formations suitable for storing CO₂ (called \"GHG storage reservoirs\")\n- Companies can apply for permits to explore for these storage sites and leases to actually inject and store CO₂\n- The law creates three main types of **GHG authorities** (permits/leases):\n  - **GHG exploration permits** — to find and test potential storage sites (up to 12 years)\n  - **GHG injection and storage leases** — to actually store CO₂ underground (no fixed term, continues until surrendered)\n  - **GHG data acquisition authorities** — short-term permits for surveys on neighbouring land\n\n**Key things companies must do:**\n- Submit detailed **work programs** (for permits) or **development plans** (for leases) showing what they'll do and when\n- Consult with landowners and occupiers about access and compensation\n- Pay annual rent and provide financial security\n- Relinquish (give back) at least 8.33% of their permit area each year\n- Start actual CO₂ storage within 5 years of getting a lease\n- Monitor where the injected CO₂ goes and report regularly\n\n**What can be stored:**\nOnly CO₂ streams — basically carbon dioxide with small amounts of incidental substances from the capture process or detection agents. No other substances allowed.\n\n**Safety and coordination:**\n- The law links with petroleum and gas safety rules\n- Special rules apply when GHG storage overlaps with mining, petroleum or geothermal activities\n- Companies may need to enter \"coordination arrangements\" with other resource users\n- The Minister can step in to resolve disputes between overlapping users\n\n**Why it matters:**\nThis law enables **carbon capture and storage (CCS)** — a technology where CO₂ from industrial sources is captured, transported and stored underground instead of being released into the atmosphere. It's designed to reduce climate change impacts while managing conflicts with other land uses and protecting groundwater."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/greenhouse-gas-storage-act-2009","history":"/api/acts/greenhouse-gas-storage-act-2009/history","analysis":"/api/acts/greenhouse-gas-storage-act-2009/analysis","conflicts":"/api/acts/greenhouse-gas-storage-act-2009/conflicts","importantCases":"/api/acts/greenhouse-gas-storage-act-2009/important-cases","documents":"/api/acts/greenhouse-gas-storage-act-2009/documents"}}