Greenhouse Gas Geological Sequestration Act 2008

2 Commencement

(1) Subject to subsection (16), this Act (other than Division 2 of Part 18) comes into operation on a day or days to be proclaimed.

(2) Section 305 comes into operation on the fourth anniversary of the day on which section 50 comes into operation.

(3) Section 306 comes into operation on the fourth anniversary of the day on which section 55 comes into operation.

(4) Section 307 comes into operation on the fourth anniversary of the day on which section 106 comes into operation.

(5) Section 308 comes into operation on the fourth anniversary of the day on which section 111 comes into operation.

(6) Section 309 comes into operation on the fourth anniversary of the day on which section 251 comes into operation.

(7) Section 310 comes into operation on the fourth anniversary of the day on which section 253 comes into operation.

(8) Section 311 comes into operation on the fourth anniversary of the day on which section 264 comes into operation.

(9) Section 312 comes into operation on the fourth anniversary of the day on which section 270 comes into operation.

(10) Section 313 comes into operation on the fourth anniversary of the day on which section 271 comes into operation.

(11) Section 314 comes into operation on the fourth anniversary of the day on which section 272 comes into operation.

(12) Section 315 comes into operation on the fourth anniversary of the day on which section 273 comes into operation.

(13) Section 316 comes into operation on the fourth anniversary of the day on which section 275 comes into operation.

(14) Section 317 comes into operation on the fourth anniversary of the day on which section 296 comes into operation.

(15) Section 318 comes into operation on the fourth anniversary of the day on which section 303 comes into operation.

(16) If a provision of this Act (other than Division 2 of Part 18) does not come into operation before 1 January 2010, it comes into operation on that day.

3 Definitions

In this Act—

S. 3 def. of authority amended by No. 64/2012 s. 41(1).

authority means an exploration permit, a retention lease, a special drilling authorisation, an injection and monitoring licence or a special access authorisation;

community includes persons who hold, or may hold, native title;

Crown land means land that is, or that is by any Act deemed to be, unalienated land of the Crown, and includes—

(a) land of the Crown that is reserved permanently or temporarily by or under any Act; and

(b) land of the Crown occupied by a person under a lease, licence or other right under this or any other Act—

but does not include—

(c) native title land that is not also wilderness Crown land; or

(d) land that is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993;

S. 3 def. of current authority holder inserted by No. 64/2012 s. 41(2).

current authority holder means the holder of a primary authorisation;

S. 3 def. of Department amended by Nos 70/2013 s. 4(Sch. 2 item 23), 41/2025 s. 4(Sch. 2 item 16).

Department means the Department of Energy, Environment and Climate Action;

S. 3 def. of drilling authorisation area
inserted by No. 64/2012 s. 41(2).

drilling authorisation area means an area specified in a special drilling authorisation under Part 8A;

environment includes water;

S. 3 def. of Environment Protection Authority
amended by No. 39/2018 s. 39(1).

Environment Protection Authority has the same meaning as Authority has under the Environment Protection Act 2017;

exploration permit means an exploration permit granted under section 25;

S. 3 def. of greenhouse gas assessment permit inserted by No. 64/2012 s. 41(2).

greenhouse gas assessment permit has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2010;

S. 3 def. of greenhouse gas holding lease
inserted by No. 64/2012 s. 41(2).

greenhouse gas holding lease has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2010;

S. 3 def. of greenhouse gas injection licence inserted by No. 64/2012 s. 41(2).

greenhouse gas injection licence has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2010;

greenhouse gas sequestration formation exploration has the meaning set out in section 4;

greenhouse gas sequestration infrastructure facility means a facility that is used to enable the injection of a greenhouse gas substance into an underground geological storage formation;

greenhouse gas sequestration operation means any activity relating to—

(a) greenhouse gas sequestration formation exploration; or

(b) greenhouse gas substance injection and monitoring;

greenhouse gas substance means—

(a) carbon dioxide, whether in a gaseous or liquid state; or

(b) a prescribed greenhouse gas, whether in a gaseous or liquid state; or

(c) a mixture of any or all of the following substances—

(i) carbon dioxide, whether in a gaseous or liquid state;

(ii) one or more prescribed greenhouse gases, whether in a gaseous or liquid state;

(iii) one or more incidental greenhouse gas-related substances, whether in a gaseous or liquid state, that relate to either or both of the substances mentioned in subparagraphs (i) and (ii);

(iv) a prescribed detection agent, whether in a gaseous or liquid state—

so long as—

(v) the mixture consists overwhelmingly of either or both of the substances mentioned in subparagraphs (i) and (ii); and

(vi) if the mixture includes a prescribed detection agent, the concentration of the prescribed detection agent in the mixture is not more than the concentration prescribed in relation to that detection agent;

greenhouse gas substance injection and monitoring has the meaning set out in section 5;

improvement notice means a notice issued under section 270;

injection and monitoring licence means a greenhouse gas injection and monitoring licence granted under section 82;

inspector means a person authorised under section 251 to carry out inspections;

land includes a stratum of land;

Native Title Act means the Native Title Act 1993 of the Commonwealth;

native title land means land in which native title (within the meaning of the Native Title Act) may exist;

parks Crown land means any land that is a national, State or other park under the National Parks Act 1975;

S. 3 def. of primary authorisation inserted by No. 64/2012 s. 41(2).

primary authorisation means—

(a) an exploration permit; or

(b) a retention lease; or

(c) an injection and monitoring licence; or

(d) a greenhouse gas assessment permit; or

(e) a greenhouse gas holding lease; or

(f) a greenhouse gas injection licence;

private land means land that is not Crown land or native title land;

public authority means—

(a) a public service body within the meaning of the Public Administration Act 2004; or

(b) any other body, whether or not incorporated, established by or under an Act for a public purpose;

public interest means a consideration of any of the following—

(a) government policy;

(b) employment creation;

(c) social impacts;

(d) the overall environmental benefit for the State of Victoria and Australia in both the short-term and long-term;

(e) the overall economic benefit for the State of Victoria, or a part of the State of Victoria, in both the short-term and long-term;

(f) impacts on aesthetic, amenity or cultural values;

resource means a resource that a person is entitled to extract or use under a resource authority;

resource authority means an authority under any of the following Acts—

(a) Extractive Industries Development Act 1995;

(b) Geothermal Energy Resources Act 2005;

(c) Mineral Resources (Sustainable Development) Act 1990;

(d) Petroleum Act 1998;

(e) Water Act 1989;

restricted Crown land means any land specified in Schedule 3 to the Mineral Resources (Sustainable Development) Act 1990;

retention lease means a retention lease granted under section 62;

serious situation has the meaning set out in section 6;

special access authorisation means a special access authorisation granted under section 126;

stratum of land means a part of land consisting of a space of any shape below, on or above the surface of the land or partly below and partly above the surface of the land, all of the dimensions of which are limited;

underground geological storage formation includes—

(a) any seal or reservoir of an underground geological formation; and

(b) any associated geological attributes or features of an underground geological formation;

unit development agreement means an agreement made under Part 6;

unrestricted Crown land means any Crown land other than wilderness Crown land, parks Crown land and restricted Crown land;

vary, in relation to the conditions of an authority, includes adding conditions to, and removing conditions from, the authority;

wilderness Crown land means land that is a reference area under the Reference Areas Act 1978 or that is a wilderness zone or wilderness park under the National Parks Act 1975;

work program has the meaning set out in section 148.

4 Meaning of greenhouse gas sequestration formation exploration

Greenhouse gas sequestration formation exploration is the carrying out of one or more of the following activities for the purpose of finding an underground geological storage formation likely to be geologically suitable for the injection and permanent storage of a greenhouse gas substance—

(a) carrying out a seismic survey or any other kind of survey;

(b) carrying out a baseline investigation;

(c) taking a sample;

(d) making a well;

(e) injecting, flowing or storing a liquid or gas into a part of an underground geological storage formation;

(f) monitoring the behaviour of a liquid or gas that has been injected or stored in part of an underground geological storage formation;

(g) undertaking any other activity necessary to test the character of an underground geological storage formation, including—

(i) testing the seal and connectivity of an underground geological formation; and

(ii) testing the capacity of an underground geological formation.

5 Meaning of greenhouse gas substance injection and monitoring

Greenhouse gas substance injection and monitoring is—

(a) the injection of a greenhouse gas substance into an underground geological storage formation for the purpose of permanently storing that substance underground;

(b) the monitoring and testing of the behaviour of an injected greenhouse gas substance, including predictive modelling;

(c) any activity incidental to an activity listed in paragraph (a) or (b), including transportation of a greenhouse gas substance within an injection and monitoring licence area.

6 Meaning of serious situation

A serious situation exists in relation to an underground geological storage formation if—

(a) a greenhouse gas substance that has been injected into an underground geological storage formation has leaked or will leak; or

(b) a greenhouse gas substance has leaked or will leak in the course of being injected into an underground geological storage formation; or

(c) a greenhouse gas substance injected into an underground geological storage formation has behaved or will behave otherwise than as predicted in the approved injecting testing plan or the approved injection and monitoring plan applying to that underground geological storage formation; or

(d) the injection or storage of a greenhouse gas substance into an underground geological storage formation has had or will have a significant impact on the geotechnical integrity of the whole or a part of a geological formation or geological structure; or

(e) the underground geological storage formation is not suitable for the permanent storage of a greenhouse gas substance as set out in the approved injection and monitoring plan.

Division 2—Objectives and principles

7 Objectives

The objectives of this Act are to encourage and promote greenhouse gas sequestration operations for the benefit of all Victorians by—

(a) encouraging and facilitating greenhouse gas sequestration operations; and

(b) establishing secure title and an orderly, fair and competitive system for granting authorities to encourage greenhouse gas sequestration operations; and

(c) establishing a legal framework for the regulation of greenhouse gas sequestration operations aimed at ensuring that—

(i) greenhouse gas sequestration operations are carried out in ways that minimise impacts on public health and the environment; and

(ii) consultation mechanisms are effective and appropriate access to information regarding greenhouse gas sequestration operations is provided; and

(iii) land affected by greenhouse gas sequestration operations is rehabilitated; and

(iv) just compensation is paid for the use of private land; and

(v) conditions in licences and approvals are enforced; and

(d) ensuring that greenhouse gas sequestration operations are conducted in accordance with the principles of sustainable development; and

(e) simplifying the planning approval process with respect to greenhouse gas sequestration operations; and

(f) ensuring that public health and environmental impacts are considered in planning for, and the authorisation, operation and decommissioning of, greenhouse gas sequestration operations; and

(g) enabling the Crown to assume responsibility for ongoing monitoring and verification of an underground geological storage formation that has been used to permanently store a greenhouse gas substance following the surrender or cancellation of an injection and monitoring licence.

8 Principles of sustainable development

(1) It is the intention of Parliament that in the administration of this Act regard should be given to the principles of sustainable development.

(2) For the purposes of this Act the principles of sustainable development are that—

(a) individual and community wellbeing and welfare should be enhanced by following a path of economic development that safeguards the welfare of future generations;

(b) there should be equity within and between generations;

(c) biological diversity should be protected and ecological integrity maintained;

(d) there should be recognition of the need to develop a strong, growing, diversified and internationally competitive economy that can enhance the capacity for environmental protection;

(e) measures to be adopted should be cost effective and flexible, not disproportionate to the issues being addressed, including improved valuation, pricing and incentive mechanisms;

(f) both long and short term economic, environmental, social and equity considerations should be effectively integrated into decision-making;

(g) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;

(h) decision-making should be guided by—

(i) a careful evaluation to avoid serious or irreversible damage to the environment wherever practicable; and

(ii) an assessment of the risk-weighted consequences of various options;

(i) greenhouse gas sequestration operations should make a positive contribution to regional development and respect the aspirations of the community and of Indigenous peoples;

(j) decisions and actions should provide for community involvement in issues that affect them.

Division 3—Application of Act

S. 9 amended by No. 39/2018 s. 39(2).

9 Relationship to certain other Acts

If this Act makes provision in relation to a matter and provision is also made in relation to that matter by, or under, the Dangerous Goods Act 1985, the Environment Protection Act 2017, the Occupational Health and Safety Act 2004 or the Water Act 1989, the provision made by this Act—

(a) if not inconsistent with that other provision, must be observed in addition to that other provision; and

(b) if inconsistent with that other provision, is, to the extent of the inconsistency, of no force or effect and that other provision prevails.

10 Aboriginal heritage

Nothing in this Act affects the operation of the Aboriginal Heritage Act 2006.

S. 11 amended by No. 10/2010 s. 800(Sch. 6 item 6).

11 Non-application of Act

This Act does not apply to an underground geological storage formation that is within the area defined as the offshore area in the Offshore Petroleum and Greenhouse Gas Storage Act 2010.

12 Minister may declare land not to be used for greenhouse gas sequestration

(1) The Minister may, by notice published in the Government Gazette and recorded in the greenhouse gas sequestration register, declare that any land or class of land is not to be used for a greenhouse gas sequestration operation.

(2) The Minister may make a declaration—

(a) to protect the land for significant environmental reasons; or

(b) to protect significant commercial or economic operations or activities; or

(c) for any other reason the Minister considers to be appropriate.

(3) The Minister, by notice published in the Government Gazette and recorded in the greenhouse gas sequestration register, may revoke any declaration made under this section.

13 Act binds the Crown

This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

Part 2—Ownership and control of greenhouse gas substances and underground geological storage formations

14 Underground geological storage formation is the property of the Crown

(1) The Crown owns all underground geological storage formations below the surface of any land in Victoria.

(2) Subsection (1) does not apply in relation to any land (other than Crown land) to the extent that the underground geological storage formation is within 15⋅24 metres of the surface of the land.

(3) Subsection (1) applies despite any prior alienation of Crown land.

(4) The Crown is not liable to pay any compensation in respect of a loss caused by the operation of this section.

15 Crown retains Crown land rights

In conferring any grant, lease, licence or other tenure of any Crown land after the commencement of this section on any person, the Crown retains all rights that it has in relation to any underground geological storage formation below the surface of that land, unless otherwise stated in the document by which the grant, lease, licence or other tenure is conferred.

16 Ownership of greenhouse gas substance

If an injection and monitoring licence is cancelled or surrendered, the Crown becomes the owner of any greenhouse gas substance that has been injected into an underground geological formation under that licence.

17 Offence to explore for greenhouse gas sequestration formations unless authorised

A person must not carry out any greenhouse gas sequestration formation exploration activity in Victoria except—

(a) under, and in accordance with, an authority; or

(b) as otherwise permitted by this Act.

18 Offence to carry out greenhouse gas substance injection and monitoring unless authorised

A person must not carry out any greenhouse gas substance injection and monitoring in Victoria except—

(a) under, and in accordance with, an injection and monitoring licence; or

(b) as otherwise permitted by this Act.

Part 3—Greenhouse gas sequestration exploration permits

Division 1—Rights and obligations

19 Rights conferred by exploration permit

(1) An exploration permit authorises the holder of the permit, subject to and in accordance with the conditions of the permit—

(a) to carry out greenhouse gas sequestration exploration in the permit area; and

(b) to do any thing in that area that is necessary for, or incidental to, that purpose.

(2) If the holder of an exploration permit discovers an underground geological storage formation in the permit area that is likely to be geologically suitable for the permanent storage of a greenhouse gas substance, the holder has the right to apply for the grant of—

(a) an injection and monitoring licence; or

(b) a greenhouse gas sequestration formation retention lease.

20 Extraction of resources

The grant of an exploration permit does not entitle the permit holder to extract any resource that is discovered while carrying out greenhouse gas sequestration exploration under this Act.

21 Key objects of work program

(1) In addition to the requirements set out in section 148, the key objects of the work program applying to the holder of an exploration permit are—

(a) to establish the characteristics and the extent of any underground geological storage formation in the permit area; and

(b) to assess the feasibility of injecting a greenhouse gas substance into an underground geological storage formation; and

(c) to assess the suitability of an underground geological storage formation for the permanent storage of a greenhouse gas substance; and

(d) to ensure that greenhouse gas sequestration exploration is carried out in a manner that—

(i) protects the integrity of the underground geological storage formation; and

(ii) protects public health and the environment from the impact of greenhouse gas sequestration exploration.

(2) The holder of an exploration permit must ensure that the key objects of the work program specified in subsection (1) are achieved to the maximum extent that is practicable.

Division 2—Procedure for obtaining permits

22 Minister may invite tender applications for exploration permits

(1) The Minister may invite applications for an exploration permit to explore a specified area, including a stratum of land.

(2) The invitation must specify—

(a) the chief factors that will be considered by the Minister in assessing applications; and

(b) a date by which applications must be made.

23 Application for permits

In addition to complying with section 147, an applicant for an exploration permit must submit details of—

(a) the work program proposed by the applicant; and

(b) details of the applicant's relevant technical qualifications and of the relevant technical qualifications of the applicant's employees; and

(c) details of the relevant technical advice available to the applicant; and

(d) details of the financial resources available to the applicant.

24 Chief factors to be taken into account in deciding between competing applications

(1) This section applies if more than one application is received in respect of an area and the Minister decides to grant an exploration permit in respect of the area.

(2) In determining which applicant, if any, is to be granted the permit, the chief factors the Minister must take into account are—

(a) the respective merits of the work programs proposed by the applicants; and

(b) the likelihood that the work programs will be carried out.

(3) The chief factors in this section are in addition to the chief factors specified in the invitation under section 22(2).

25 Grant of exploration permit

(1) The Minister may grant or refuse to grant an exploration permit.

(2) If the Minister decides to grant an exploration permit, he or she must give every unsuccessful applicant for the permit written notice of that decision within 14 days after making it.

(3) If the Minister decides not to grant an exploration permit to any of the applicants for the permit, he or she must notify all applicants in writing of that decision.

26 Minister may make new grant if former grant refused

(1) This section applies if the Minister decides to grant an exploration permit to an applicant who responded to an invitation under section 22 but who subsequently states in writing that the applicant does not intend to accept the grant.

(2) The Minister may grant the permit to any other applicant for the permit.

(3) This section applies regardless of how many times the Minister has decided to grant the permit.

27 Procedure if initial invitation does not result in the granting of a permit

(1) The Minister may invite further applications for an exploration permit for an area if—

(a) no applications are received in response to an invitation made under section 22 for that area; or

(b) the Minister refuses to grant an exploration permit to any applicant who responded to such an invitation; or

(c) no applicant who responded to such an invitation is willing to accept the grant of the exploration permit by the Minister.

(2) Sections 22(2), 23, 25 and 26 apply to applications made in response to an invitation under subsection (1).

(3) If more than one application is received, the Minister must consider the applications in the order in which they were received.

28 Restrictions on permit area

In issuing an exploration permit, the Minister must ensure—

(a) that the area to which the permit applies forms a continuous parcel of land; and

(b) that no part of the area to which the permit applies is within an area that is already the subject of an exploration permit.

29 Permit may be limited to a stratum of land

(1) An exploration permit may be granted—

(2) The Minister must not grant a permit for a stratum of land unless he or she determines that it is in the public interest.

30 Term of permit

An exploration permit expires on the fifth anniversary of the day on which it is registered in the greenhouse gas sequestration register, unless it is cancelled or surrendered earlier or unless this Act otherwise provides.

Division 3—Renewals

31 Renewal of permit

(1) The Minister may renew an exploration permit for a further 5 years from the date of its expiry.

(2) A renewed exploration permit expires on the tenth anniversary of the day on which the initial permit was registered in the greenhouse gas sequestration register, unless it is otherwise cancelled or surrendered or unless this Act otherwise provides.

(3) The Minister may only renew an exploration permit once.

32 Application for renewal

(1) The holder of an exploration permit may apply to the Minister for renewal of the permit.

(2) A renewal application must be given to the Minister at least 90 days before the exploration permit is due to expire.

(3) On the payment of any late fee required by the regulations for the purposes of this section, the Minister may also consider any application for renewal that does not comply with subsection (2).

(4) However, the Minister must not consider any application to renew an exploration permit that is made after the permit has expired.

33 Other factors to be considered in renewing permits

(1) The Minister must renew an exploration permit if—

(a) the holder of the permit applies for the renewal in the form and manner required by the Minister; and

(b) the application is accompanied by the renewal fee set out in the regulations for the purposes of this paragraph; and

(c) the permit holder has complied with the conditions of the permit and all applicable laws; and

(d) the application is accompanied by details of the work program the holder of the permit proposes to undertake if the permit is renewed; and

(e) the Minister is satisfied that the proposed work program is adequate.

(2) In any other case the Minister may renew a permit if he or she is satisfied that there are special circumstances that justify the renewal of the permit.

34 Permit not to be renewed if key objects not achieved

(1) Despite section 33, the Minister must not renew an exploration permit if the key objects of the work program that were to have been conducted under the permit have not been achieved to the maximum extent that is practicable.

(2) Subsection (1) does not apply if the Minister is satisfied that the failure was the result of one or more events that were beyond the control of the holder of the permit.

35 Renewed permit area may be reduced

(1) In renewing an exploration permit, the Minister may reduce the permit area.

(2) The Minister may reduce the permit area under subsection (1) if—

(a) the holder of the permit nominates in the application for renewal under section 32 an area that the holder wishes to relinquish; or

(b) in the opinion of the Minister, it is in the public interest.

36 Variation of work programs for renewed permits

(1) If an exploration permit is renewed, the holder of the permit may apply to the Minister for permission to vary the work program.

(2) The Minister may allow the holder of the permit to vary the work program if the Minister is satisfied that the variation will improve the work program.

Division 4—Injection testing plans

37 When must an injection testing plan be prepared?

(1) The holder of an exploration permit must prepare an injection testing plan before injecting a liquid or gas into an underground geological storage formation for the purpose of—

(a) testing the behaviour of the injected or stored liquid or gas; or

(b) testing whether the geological formation is geologically suitable for permanently storing greenhouse gas substances.

(2) An injection testing plan must be taken to form part of the operation plan and may be submitted by the holder of an exploration permit—

(a) with the operation plan required under section 209; or

(b) at any later time by submitting a variation to the operation plan under section 212.

38 What must an injection testing plan include?

An injection testing plan must include—

(a) information about where and how the injection testing will be conducted; and

(b) details of the liquid or gas that will be injected, including information about the volume of liquid or gas to be injected and the rate at which it is proposed to be injected; and

(c) details about how any risks to public health or the environment associated with the injection testing will be prevented; and

(d) a monitoring and verification plan prepared in accordance with the regulations and detailing how the behaviour of any stored greenhouse gas substance will be monitored; and

(e) a risk management plan prepared in accordance with the regulations; and

(f) information on the potential leakage and migration path of an injected greenhouse gas substance from the underground geological formation.

39 Plan to be approved before injection testing can start

The holder of an exploration permit must not carry out injection testing in the permit area unless the Minister has approved the holder's injection testing plan for the permit area.

40 Approval of injection testing plan

(1) Subject to section 41, the Minister may approve an injection testing plan if he or she is satisfied that the proposed injection testing—

(a) will not present a risk to public health or the environment; and

(b) will not present a significant risk of contaminating or sterilising other resources in the permit area.

(2) The Minister may approve an injection testing plan under this section subject to any conditions that he or she considers necessary.

(3) The Minister may refer an injection testing plan to an independent panel or any relevant public authority for a recommendation concerning acceptance of the plan.

41 Risk to the environment

(1) For the purposes of determining whether proposed injection testing will present a risk to the environment, the Minister must, within 21 days of receiving an injection and testing plan for approval, provide a copy of the proposed plan to—

S. 41(1)(a) amended by No. 39/2018 s. 39(3).

(2) A person or body referred to in subsection (1) may make a binding recommendation that the injection and testing plan not be approved or be approved subject to conditions if the person or body is of the opinion that—

(a) the work that is proposed to be carried out under the plan will present a risk to the environment; or

(b) the applicant's proposed risk management plan or monitoring and verification plan in relation to the environment is inadequate.

(3) If a recommendation is made within 40 days after the proposed plan is provided to a person or body under this section, the recommendation is binding on the Minister.

(4) If a person or body requests that the Department provide further information in relation to an application for approval of an injection testing plan, the time in which the person or body may make a recommendation does not include the period from the date that the request for further information is made until the date that the information is received.

42 Contamination or sterilisation of a resource

(1) This section applies if, in the opinion of the Minister, the proposed injection testing will present a significant risk of contaminating or sterilising other resources within the permit area but will not present a risk to public health or the environment.

(2) Despite section 40(1)(b), the Minister may approve the plan if—

(a) the holder of an exploration permit has consent to undertake the work proposed in the plan from any holder of a resource authority in the permit area if the resource for which they hold an authority is likely to be contaminated or sterilised; or

(b) in the opinion of the Minister, approval of the plan is in the public interest.

43 Consent of other resource authority holders

An exploration permit holder who proposes to undertake injection testing work that will present a significant risk of contaminating or sterilising other resources in the permit area must take all reasonable steps to obtain consent to undertake that work from any holder of a resource authority in the permit area if the resource for which they hold an authority is likely to be contaminated or sterilised.

44 Referral of plans to independent panel

(1) Before approving an injection testing plan, the Minister may refer the plan to an independent panel or any relevant public authority for a recommendation concerning acceptance of the plan.

(2) Despite subsection (1), the Minister must refer an injection testing plan to an independent panel or relevant public authority before determining that approval of the plan is in the public interest in accordance with section 42(2)(b).

45 Appointment of panel

(1) The Minister may, by instrument, appoint a panel of persons to consider applications for approval of injection testing plans.

(2) The persons appointed to the panel must be persons who have knowledge of or experience in the matters that the panel is to consider.

(4) The panel must cause a notice to be published in a newspaper circulating generally in the area in which the injection testing work is proposed to be carried out inviting submissions on the approval of the proposed plan within the period specified in the notice.

(5) After considering all submissions referred or made to it, the panel must report its findings in writing to the Minister within the period specified by the Minister.

(8) If the Minister does not follow a recommendation made by the panel, he or she must give written reasons for that decision.

46 Community consultation

(1) This section applies if an applicant for approval of an injection testing plan is not required to undertake an Environmental Effects Statement in accordance with the Environment Effects Act 1978 in respect of the works proposed in the plan.

(2) The Minister must, on receiving an application for approval of an injection testing plan, cause to be published in a newspaper circulating generally throughout Victoria a notice providing—

(a) that the Minister has received an application for approval of an injection testing plan; and

(b) details of the place or places at which a copy or a summary of the application and a copy or summary of the accompanying plan may be examined; and

(c) that any person or body interested in the application may request and on payment of the prescribed fee receive from the Minister a summary of the application; and

(d) that any person or body interested in the application may within 21 days of the publication of the notice comment in writing on the application; and

(e) that any person or body interested in the application may ask the Minister in writing to be notified if the Minister approves the injection testing plan.

(3) At the expiration of 21 days from the publication of a notice under subsection (2) the Minister may if any written comments have been received from any person or body interested in the application in accordance with subsection (2)(d) hold a conference in accordance with section 47.

(4) The Minister must consider any written comments received under subsection (2)(d) before approving an injection testing plan.

(5) If the Minister receives a request under subsection (2)(e), the Minister must notify the person or body that made the request that it has approved the injection testing plan by—

(a) sending notice of the issue to the person and body (or if a request is made by a number of people or bodies jointly, to a representative of those people or bodies); or

(b) publishing notice of the issue in a newspaper circulating generally throughout Victoria.

47 Conferences

(1) If the Minister is of the opinion that a conference of persons concerned in any matter under consideration by the Minister may assist in a just resolution of the matter, the Minister may invite all or any of the interested parties to a conference.

(2) All persons invited to attend a conference under this section must be advised in writing of the time and place at which the conference is to be held.

(3) A conference held under this section must be presided over by the Minister or a person nominated by the Minister for the purpose.

(4) The Minister must take into consideration the discussions and resolutions of any conference under this section and the recommendations of any person presiding at that conference.

48 Compensation agreement

(1) If the Minister has approved an injection testing plan in accordance with section 40, the exploration permit holder must not carry out any work under an approved injection testing plan unless—

(a) the permit holder has entered into a compensation agreement with the holder of a resource authority for a resource in the permit area that is likely to be contaminated or sterilised; or

(b) VCAT has determined the amount of compensation that is payable in relation to the proposed work to the holder of a resource authority for a resource in the permit area that is likely to be contaminated or sterilised.

(2) A person may only make an application to VCAT in respect of a claim after the expiry of any period of time specified for the purposes of this section by the regulations.

(3) A party who makes an application to VCAT is only entitled to have that claim determined by VCAT if VCAT is satisfied that the party has attempted to settle the claim by conciliation, but has not been able to do so because the other party has refused to negotiate a settlement or because both parties are unable to agree.

49 What compensation is payable for—resource authority holders

(1) Compensation is payable by the holder of an injection and monitoring licence to any holder of a resource authority for any loss or damage that has been, or will be, sustained in relation to the land or resource as a direct, natural and reasonable consequence of the carrying out of any activity under the injection and monitoring plan including for—

(a) deprivation of access to the resource; and

(b) loss of opportunity to recover or use the resource.

S. 50 amended by No. 61/2008 s. 305 (ILA s. 39B(1)).

50 Injection testing to be carried out in accordance with approved plan

(1) An exploration permit holder must ensure that injection testing work is carried out in accordance with—

(a) the approved injection testing plan; and

(b) the risk management plan prepared as part of the injection testing plan; and

(c) the monitoring and verification plan prepared as part of the injection testing plan; and

(d) any conditions attached to the approval of the injection testing plan.

S. 50(2) inserted by No. 61/2008 s. 305.

(2) Without limiting any other power or function of the Environment Protection Authority, the Environment Protection Authority may prosecute an offence against subsection (1)(c).

51 Minister may require variation of injection testing plan

(1) The Minister may require the holder of an exploration permit to vary the injection testing plan and any risk management plan or monitoring and verification plan prepared as part of that plan that applies to the permit.

(2) The Minister may only do this after consulting with the permit holder.

52 Minister to consult

(1) Before requiring the holder of an exploration permit to vary the injection and testing plan and any risk management plan or monitoring and verification plan prepared as part of that plan, the Minister must provide a copy of the proposed variation to—

S. 52(1)(a) amended by No. 39/2018 s. 39(4).

(2) A person or body referred to in subsection (1) may make a recommendation that the variation to the injection and testing plan not be required or be required subject to conditions if the person or body is of the opinion that—

(a) the work that is proposed to be carried out under the varied plan will present a risk to the environment; or

(b) the details about how any risks to the environment will be managed are inadequate, including details contained in any risk management plan or monitoring and verification plan.

(3) If a recommendation is made within 40 days after the proposed plan is provided to a person or body under this section, the recommendation is binding on the Minister.

(4) If a person or body requests that the Department provide further information in relation to an application for approval of an injection testing plan, the time in which the person or body may make a recommendation does not include the period from the date that the request for further information is made until the date that the information is received.

53 EPA may require variation of monitoring and verification plan

(1) The Environment Protection Authority may require the holder of an exploration permit to vary the monitoring and verification plan prepared as part of the injection testing plan.

(2) The Environment Protection Authority may only do this after consulting with the permit holder.

(3) The Environment Protection Authority must consult the Minister before requiring a variation under subsection (1).

54 Minister may allow variation of injection testing plan

(1) On the written application of the holder of an exploration permit, the Minister may allow the permit holder to vary the injection testing plan and any risk management plan or monitoring and verification plan prepared as part of that plan that applies, or is to apply, to the permit.

(2) An application for variation of an injection testing plan must be accompanied by an assessment of the risks associated with the proposed variation.

(3) Sections 39 to 47 apply to an application for approval of a variation.

55 Reporting

S. 55(1) amended by No. 61/2008 s. 306(1).

(1) If the holder of an exploration permit has an approved injection testing plan, it is a condition of the exploration permit that the holder of the permit provide to the Environment Protection Authority a report on the outcome of all monitoring and verification activities carried out under the licence.

(2) A report under subsection (1) must be provided—

(a) at the times specified in the monitoring and verification plan; or

(b) if no times are specified, every month.

S. 55(3) substituted by No. 61/2008 s. 306(2).

(3) The Environment Protection Authority must give the Minister a copy of each report provided under this section.

S. 55(4) inserted by No. 61/2008 s. 306(2).

(4) The Minister must ensure that a copy of each report provided under this section is available for inspection on the greenhouse gas sequestration register.

Division 5—Discovery of underground geological storage formation

56 Minister must be told if underground geological storage formation discovered

If the holder of an exploration permit discovers an underground geological storage formation that is likely to be geologically suitable for the permanent storage of a greenhouse gas substance, the permit holder—

(a) must immediately notify the Minister of the discovery; and

(b) must within 3 working days after the discovery give the Minister written details of the discovery.

57 Minister may give directions if underground geological storage formation discovered

(1) This section applies if the Minister is reasonably satisfied that the holder of an exploration permit has discovered an underground geological storage formation that is likely to be geologically suitable for the permanent storage of a greenhouse gas substance.

(2) The Minister may require the permit holder to apply for a retention lease or an injection and monitoring licence in respect of the discovery.

(3) The requirement must be made in writing and must allow the permit holder at least 90 days within which to make the application.

(4) If the permit holder fails to comply with a requirement made under this section, the Minister may cancel the permit.

Part 4—Greenhouse gas sequestration formation retention leases

58 Purpose of a retention lease

A retention lease enables the holder of an exploration permit to retain the right to an underground geological storage formation identified as likely to be geologically suitable for the injection and permanent storage of a greenhouse gas substance that is not yet commercially viable to develop under an injection and monitoring licence, but which might become viable to develop within 15 years.

59 Rights conferred by lease

A retention lease authorises the holder of the lease, subject to and in accordance with the conditions of the lease—

(a) to carry out greenhouse gas sequestration formation exploration in the lease area; and

(b) to do any thing in the lease area that is necessary for, or incidental to, that purpose; and

(c) to retain a right to apply for an injection and monitoring licence under Division 2 of Part 5.

60 Right to apply for lease

(1) The holder of an exploration permit may apply to the Minister for the grant of a retention lease in respect of any part of the permit area on which the holder has discovered an underground geological storage formation that is likely to be geologically suitable for the permanent storage of a greenhouse gas substance but which was not commercially viable for that purpose on the day on which the application was made.

(2) An application for a retention lease must be made at least 90 days before the applicant's exploration permit is due to expire.

(3) On the payment of any late fee required by the regulations for the purposes of this section, the Minister may also consider any application for a retention lease that does not comply with subsection (2).

(4) However, the Minister must not consider any application for a retention lease that is made after the exploration permit has expired.

61 Details to be supplied with application

In addition to complying with section 147, an applicant for a retention lease must submit details of—

(a) the area in respect of which the lease is sought; and

(b) the geological suitability of the underground storage formation for the permanent storage of a greenhouse gas substance; and

(c) the commercial viability of injecting and permanently storing a greenhouse gas substance in the geological formation at the time at which the application is made; and

(d) the possible future commercial viability of injecting and permanently storing a greenhouse gas substance in that geological formation.

62 Grant of lease

(1) The Minister may grant or refuse to grant a retention lease.

(2) The Minister must grant a retention lease if he or she is satisfied that—

(a) the applicant has discovered an underground geological storage formation in the lease area that is likely to be geologically suitable for the injection and permanent storage of a greenhouse gas substance; and

(b) the applicant has demonstrated that any greenhouse gas substance injected into the underground geological storage formation is likely to be contained in the underground geological storage formation; and

(c) the applicant did not have access to a commercially viable volume of greenhouse gas substance for injection and permanent storage on the day that the application for the lease was made but is likely to have access to such a volume within the next 15 years.

(3) The Minister must refuse to grant a retention lease if he or she is not satisfied of any of the matters in subsection (2).

63 Work program

In addition to the requirements set out in section 148, the proposed work program must—

(a) outline how the applicant intends to resolve any uncertainty in relation to the geological suitability of the underground geological storage formation for the permanent storage of a greenhouse gas substance; and

(b) outline the work that the applicant intends to carry out in order to identify an underground geological storage formation that is geologically suitable for the permanent storage of a greenhouse gas substance and which is commercially viable for that purpose.

64 Area to which lease applies

(1) The Minister may grant a retention lease in respect of all or part of the area for which the lease is sought.

(2) In granting a retention lease, the Minister must—

(a) ensure that the lease area is the minimum area necessary—

(i) to cover the maximum extent of the underground geological storage formation identified as being likely to be geologically suitable for the injection and permanent storage of a greenhouse gas substance; and

(ii) to enable the future use of any other underground geological storage formation for the injection and permanent storage of a greenhouse gas substance; and

(b) allow for the potential migration path of an injected greenhouse gas substance to ensure that the injected greenhouse gas substance is likely to be contained in the lease area or any combined area of a development agreement.

(3) Nothing in this section authorises the Minister to include in the lease area any area that was not within the area to which the lease holder's exploration permit applied.

65 Permit may be limited to a stratum of land

(1) A retention lease may be granted—

(2) The Minister must not grant a lease for a stratum of land unless he or she determines that it is in the public interest.

66 Term of lease

(1) The Minister may grant a retention lease for a period not exceeding 5 years.

(2) A retention lease expires on the date specified by the Minister in the lease, unless it is cancelled or surrendered or unless this Act otherwise provides.

67 Renewal of lease

(1) The Minister may renew a retention lease for a further period not exceeding 5 years from the date of its expiry.

(2) The Minister may renew a retention lease that has been renewed under subsection (1) for a further period not exceeding 5 years from the date the renewed lease expired.

(3) The Minister may only renew a retention lease under subsection (2) once.

68 Procedure if lease not to be granted

The Minister must not refuse to grant a retention lease unless the Minister—

(a) has given the applicant for the lease not less than 30 days written notice of the Minister's intention to refuse to grant the lease; and

(b) has served a copy of the notice on any other people that the Minister considers may have an interest in the refusal; and

(c) has, in the notice—

(i) given detailed reasons for the proposed refusal; and

(ii) invited the person who is given the notice to make any submissions the person wishes to make by a specified date; and

(d) has considered any submissions made on or before the specified date in response to such an invitation.

69 Minister may require review of commercial viability

(1) The Minister may require the holder of a retention lease to re-evaluate the commercial viability of injecting and permanently storing a greenhouse gas substance in an underground geological storage formation in the lease area and to report to the Minister in writing the results of the re‑evaluation.

(2) In making such a requirement, the Minister—

(a) must give the holder of the lease written notice of the requirement; and

(b) must allow the holder of the lease at least 90 days within which to comply with the requirement.

(3) The Minister may, on the written application of the holder of the lease, allow the holder of the lease more time within which to comply with a requirement made under this section.

(4) The Minister may not make a requirement under this section if the holder of the lease has already complied with a requirement made under this section on 2 occasions in the 5 years immediately before the making of the requirement.

(5) If the holder of the lease fails to comply with a requirement under this section, the Minister may cancel the lease.

70 Minister may give directions if permanent storage viable

(1) This section applies if, after receiving a report under section 69, the Minister is of the opinion that the permanent storage of a greenhouse gas in an underground geological storage formation in the lease area is commercially viable.

(2) The Minister may require the lease holder to apply for an injection and monitoring licence in respect of the lease area.

(3) Such a requirement must be made in writing and must allow the lease holder at least 90 days within which to make the application.

(4) If the holder of the lease fails to comply with a requirement under this section, the Minister may cancel the lease.

Part 5—Greenhouse gas substance injection and monitoring licence

Division 1—Rights conferred by licence

71 Rights conferred by licence

A greenhouse gas substance injection and monitoring licence authorises the holder of the licence, subject to and in accordance with the conditions of the licence—

(a) to carry out greenhouse gas substance injection and monitoring in the licence area; and

(b) to carry out greenhouse gas sequestration formation exploration in the licence area; and

(c) to do any thing in the licence area that is necessary for, or incidental to, those purposes.

Division 2—Application for licence by holders of permits or leases

72 Application for licence

The holder of an exploration permit or a retention lease may apply to the Minister for the grant of a greenhouse gas substance injection and monitoring licence in respect of any part of the permit or lease area on which the holder has discovered an underground geological storage formation likely to be geologically suitable for the permanent storage of a greenhouse gas substance and which is commercially viable for that purpose.

73 Details to be supplied with application

(1) In addition to complying with section 147, the application for an injection and monitoring licence made under this Division must include—

(a) details of the area in respect of which the licence is sought; and

(b) an assessment of the suitability of the underground geological storage formation for the permanent storage of a greenhouse gas substance; and

(c) details of the nature and volume of the greenhouse gas substance proposed to be injected into the underground geological storage formation; and

(d) any other matters that are prescribed.

(2) In addition to the requirements set out in section 148, the proposed work program submitted with an application for an injection and monitoring licence must specify a date for commencement of commercial scale injection of a greenhouse gas substance into an underground geological storage formation that is within the maximum time period prescribed in the regulations.

Division 3—Application for licence under tender process

74 Minister may invite tender applications

(1) The Minister may invite applications for the grant of an injection and monitoring licence in respect of an area if—

(a) in the opinion of the Minister, the area contains an underground geological storage formation that is likely to be geologically suitable for the injection and permanent storage of a greenhouse gas substance; and

(b) the area—

(i) is not the subject of an exploration permit, a retention lease or an injection and monitoring licence; or

(ii) was the subject of an exploration permit, a retention lease or an injection and monitoring licence that has expired or that has been cancelled in respect of that area.

(2) The invitation must specify—

(a) the chief factors that will be considered by the Minister; and

(b) the date by which applications must be made.

(3) The invitation may specify—

(a) that an applicant must specify the amount that it is willing to pay for the grant of the licence; and

(b) the basis on which applications will be primarily decided.

75 Applications

(1) In addition to complying with section 147, an applicant for a licence under this Division—

(a) must submit details of—

(i) the applicant's relevant technical qualifications and of the relevant technical qualifications of its employees; and

(ii) the relevant technical advice available to the applicant; and

(iii) the financial resources available to the applicant; and

(b) must submit details of the greenhouse gas substance available to the applicant for injection and permanent storage, including details of the nature and volume of the greenhouse gas substance proposed to be injected; and

(c) must include an assessment of the suitability of the underground geological storage formation for the permanent storage of the greenhouse gas substance specified in paragraph (b); and

(d) must include any other matters that are prescribed or required to be included in the invitation; and

(e) if the invitation requires applicants to specify an amount that they are willing to pay for the grant of the licence, must be accompanied by a deposit of 10% of the amount bid.

(2) In addition to the requirements set out in section 148, the proposed work program submitted with an application for a greenhouse gas stream injection and monitoring licence must specify a date for commencement of commercial scale injection of a greenhouse gas substance into an underground geological storage formation that is within the maximum time period prescribed in the regulations.

76 Procedure for deciding between competing bids

(1) The Minister must decide between competing applications on the basis of the chief factors specified in the invitation for the applications.

(2) Nothing in this section requires the Minister to grant an application that, in the opinion of the Minister, is deficient or defective or not in the public interest.

77 Notice to be given to applicants

(1) If the Minister decides to grant an injection and monitoring licence, he or she must give every unsuccessful applicant for the licence written notice of that decision within 14 days of making it.

(2) If the Minister decides not to grant an injection and monitoring licence, he or she must notify all applicants in writing of that decision.

78 Refund of deposits

(1) The Minister must refund any deposit paid under section 75(1)(e) by an applicant who is not granted an injection and monitoring licence.

(2) If, in the opinion of the Minister, there are exceptional circumstances or the interests of fairness so require, the Minister may refund the deposit of an applicant who is granted a licence, but who does not accept the grant.

79 Minister may make new grant if former grant refused

(1) This section applies if the Minister decides to grant a greenhouse gas injection and monitoring licence under this Division to an applicant but the applicant states in writing that the applicant does not intend to accept the grant.

(2) Subject to section 76, the Minister may grant the licence to any other applicant for the licence.

(3) This section applies regardless of how many times the Minister has decided to grant the licence.

80 Extension of time in which to make licence payment

On the written application of the person made within 90 days after receiving notice that it has been granted an injection and monitoring licence, the Minister may extend by up to 90 days the period within which the person may pay a required amount for the licence.

81 Minister must not issue licence unless cash bid paid

Subject to section 80, if the applicant specified an amount that the applicant was willing to pay for the grant of an injection and monitoring licence, the Minister must not issue a licence to an applicant unless the applicant has paid the amount bid for the licence.

Division 4—General provisions

82 Grant of a licence

(1) The Minister may grant or refuse to grant an injection and monitoring licence.

(2) In determining whether to grant an injection and monitoring licence, the chief factors the Minister must take into account are—

(a) the merits of the work program proposed by the applicant; and

(b) the likelihood that the work program will be carried out; and

(c) the applicant's assessment of the suitability of the underground geological storage formation for the storage of the identified greenhouse gas substance; and

(d) the likelihood that the greenhouse gas substance will be permanently contained in the licence area; and

(e) if the application is made in response to an invitation under section 74, any other factors specified in the invitation.

83 Minister to be satisfied of certain matters

(1) The Minister must not grant an injection and monitoring licence unless the Minister is satisfied that—

(a) the applicant has access to a commercially viable volume of greenhouse gas substance; and

(b) the underground geological storage formation is likely to be geologically suitable for the injection and permanent storage of the identified greenhouse gas substance; and

(c) the greenhouse gas substance is likely to be permanently contained in the area for which the licence is proposed to be granted.

(2) In granting an injection and monitoring licence, the Minister must also consider the chief factors specified in section 82.

84 Restrictions on area to which licence applies

(1) The Minister may grant an injection and monitoring licence in respect of all or part of the area in respect of which the licence is sought.

(2) In granting an injection and monitoring licence, the Minister must—

(a) ensure that the licence area is the minimum area necessary—

(i) to cover the maximum extent of the underground geological storage formation identified as being likely to be geologically suitable for the injection and permanent storage of a greenhouse gas substance; and

(ii) to enable the future use of any other underground geological storage formation for the injection and permanent storage of a greenhouse gas substance; and

(b) allow for the potential migration path of an injected greenhouse gas substance to ensure that the injected greenhouse gas substance is likely to be contained in the licence area or any combined area of a development agreement.

(3) In the case of licences granted under Division 2, nothing in this section authorises the Minister to include in the licence area any area that was not within the area to which the licence holder's exploration permit or retention lease applied at the time it applied for the licence.

85 Licence may be limited to a stratum of land

(1) An injection and monitoring licence may be granted—

(2) The Minister must not grant a licence for a stratum of land unless he or she determines that it is in the public interest.

86 Licence may be limited to a specified volume

(1) The Minister may grant an injection and monitoring licence in respect of a specified volume of greenhouse gas substance.

(2) In specifying a volume of greenhouse gas substance, the Minister must have regard to—

(a) the estimated storage capacity of the underground geological formation in which the applicant proposes to inject a greenhouse gas substance; and

(b) the volume of greenhouse gas substance that the applicant proposes to inject.

(3) The Minister must not specify a larger volume of greenhouse gas substance than is identified in the applicant's approved injection and monitoring plan.

87 Further licence may be granted where greenhouse gas injection work completed

(1) The Minister may grant an injection and monitoring licence in respect of land for which the holder of another injection and monitoring licence has surrendered the right to inject a greenhouse gas substance.

(2) A further injection and monitoring licence may only be granted in respect of land to which subsection (1) applies if the Minister is satisfied that granting a further licence—

(a) is in the public interest; and

(b) will not interfere with the post-injection monitoring and verification activities of the existing licence holder; and

(c) will not present a significant risk of contaminating or sterilising other resources in the proposed licence area.

(3) The Minister must consult with the existing licence holder before granting a further injection and monitoring licence under this section.

(4) If the Minister grants a further injection and monitoring licence under this section, the Minister must advise the existing licence holder in writing of that decision.

88 Term of licence

An injection and monitoring licence continues in force until it is cancelled or surrendered or this Act otherwise provides.

Division 5—Injection of greenhouse gas substance

89 Direction if greenhouse gas substance injection not to the Minister's satisfaction

(1) If a greenhouse gas substance is being injected in a licence area, the Minister may direct the holder of the licence to take all necessary and practicable steps to change the volume of, or rate at which, the greenhouse gas substance is being injected in the area.

(2) The Minister may only give a direction if, in the opinion of the Minister, the direction is necessary to ensure that the greenhouse gas substance is injected in a manner that—

(a) will enable more effective greenhouse gas substance injection and monitoring; or

(b) will maximise the volume of the greenhouse gas substance that is able to be stored.

(3) If the Minister gives a direction but is not satisfied with the steps taken or being taken by the holder of the licence, the Minister may direct the holder of the licence to do anything else that the Minister thinks is necessary for, or in relation to, changing the volume of, or rate at which, the greenhouse gas substance is being injected in the area.

90 Form of direction

A direction given under this Division must be in writing.

91 Licence holder must comply with directions

The holder of a greenhouse gas injection and monitoring licence must comply with a direction validly given under this Division.

92 Completion of injection activities

(1) On the completion of injection activities under the injection and monitoring plan, the holder of a greenhouse gas injection and monitoring licence must—

(a) notify the Minister in writing that the injection activities have been completed; and

(b) remove all infrastructure associated with the injection activities including plugging or closing off any wells; and

(c) rehabilitate the site where the injection activities took place; and

(d) surrender the right to inject a greenhouse gas substance under the licence.

(2) In surrendering the right to inject a greenhouse gas substance under the licence, the holder of a greenhouse gas injection and monitoring licence is not taken to have surrendered that licence.

(3) The Minister must amend a greenhouse gas injection and monitoring licence (including any condition of the licence) for the purpose of giving effect to the surrender of a right to inject a greenhouse gas substance.

Division 6—Injection and monitoring plan

93 Injection and monitoring plan

(1) An injection and monitoring plan is a plan in relation to an injection and monitoring licence that sets out how greenhouse gas substance injection and monitoring operations will be conducted in the licence area.

(2) An injection and monitoring plan must be taken to form part of the operation plan and may be submitted by the holder of an injection and monitoring licence—

(a) with the operation plan required under section 209; or

(b) at any later time by submitting a variation to the operation plan under section 212.

94 Content of injection and monitoring plan

An injection and monitoring plan must include—

(a) details of the activities that the licence holder intends to conduct and the proposed dates by which those activities are to be completed; and

(b) details of physical, hydrological, geological, chemical and biological conditions of the land in the licence area for the purposes of developing a baseline for managing and monitoring any change to those conditions; and

(c) details of the nature of the greenhouse gas substance to be injected into the underground geological formation; and

(d) a verifiable estimate of the storage capacity of the underground geological storage formation; and

(e) a verifiable estimate of the rate and volume of greenhouse gas substance that is proposed to be injected; and

(f) a description of the proposed injection and monitoring techniques; and

(g) an assessment of the potential leakage and migration path of an injected greenhouse gas substance from the underground geological storage formation; and

(h) an assessment of the effect any leakage a greenhouse gas substance might have on public health, the environment and other resources; and

(i) an assessment of the likelihood of leakage of a greenhouse gas substance, including leakage arising—

(i) during the injection and monitoring of a greenhouse gas substance; and

(ii) after the right to inject a greenhouse gas substance has been surrendered; and

(iii) after a greenhouse gas injection and monitoring licence has been surrendered; and

(j) a monitoring and verification plan prepared in accordance with the regulations and detailing how the behaviour of any stored greenhouse gas substance will be monitored; and

(k) a risk management plan prepared in accordance with the regulations; and

(l) an estimate of the cost of carrying out the monitoring and verification activities after the greenhouse gas injection and monitoring licence has been surrendered; and

(m) any other prescribed matters.

95 Plan to be approved before injection and monitoring can start

The holder of an injection and monitoring licence must not carry out greenhouse gas substance injection and monitoring in the licence area unless the Minister has approved the holder's greenhouse gas substance injection and monitoring plan for the licence area.

96 Approval of injection and monitoring plan

(1) The Minister must not approve an injection and monitoring plan unless he or she is satisfied that—

(a) the underground geological storage formation is geologically suitable for the injection and permanent storage of a greenhouse gas substance; and

(b) the use of the underground geological storage formation for the injection and permanent storage of greenhouse gas substances will not present a significant risk of contaminating or sterilising other resources within the licence area; and

(c) the injected greenhouse gas substance will be contained within the licence area; and

(d) subject to section 97, the injection and permanent storage of the greenhouse gas substance will not present a risk to public health or the environment.

(2) The Minister may approve an injection and monitoring plan under this section subject to any terms and conditions that he or she considers necessary.

97 Risk to the environment

(1) For the purposes of determining whether the injection and permanent storage of a greenhouse gas substance will present a risk to the environment, the Minister must, within 21 days of receiving an injection and monitoring plan for approval, provide a copy of the proposed plan to—

S. 97(1)(a) amended by No. 39/2018 s. 39(5).

(2) A person or body referred to in subsection (1) may make a recommendation that the injection and monitoring plan not be approved or be approved subject to conditions if the person or body is of the opinion that—

(a) the work that is proposed to be carried out under the plan will present a risk to the environment; or

(b) the applicant's proposed risk management plan in relation to the environment is inadequate; or

(c) the applicant's proposed monitoring and verification plan, including the estimated cost of carrying out monitoring and verification activities after surrendering the greenhouse gas injection and monitoring licence, is inadequate.

(3) If a recommendation is made within 40 days after the proposed plan is provided to a person or body under this section, the recommendation is binding on the Minister.

(4) If a person or body requests that the Department provide further information in relation to an application for approval of an injection and monitoring plan, the time in which the person or body may make a recommendation does not include the period from the date that the request for further information is made until the date that the information is received.

98 Contamination or sterilisation of a resource

(1) This section applies if, in the opinion of the Minister, the proposed injection and permanent storage of the greenhouse gas substance will present a significant risk of contaminating or sterilising other resources within the licence area but will not present a risk to public health or the environment.

(2) Despite section 96(1)(b), the Minister may approve the plan if—

(a) the injection and monitoring licence holder has consent to undertake the work proposed in the plan from any holder of a resource authority in the licence area if the resource for which they hold an authority is likely to be contaminated or sterilised; or

(b) in the opinion of the Minister, approval of the plan is in the public interest.

99 Consent of other resource authority holders

An injection and monitoring licence holder who proposes to undertake work that will present a significant risk of contaminating or sterilising other resources in the licence area must take all reasonable steps to obtain consent to undertake that work from any holder of a resource authority in the licence area if the resource for which they hold an authority is likely to be contaminated or sterilised.

100 Referral of plans to independent panel

(1) Before approving an injection and monitoring plan, the Minister may refer the plan to an independent panel or any relevant public authority for a recommendation concerning acceptance of the plan.

(2) Despite subsection (1), the Minister must refer an injection and monitoring plan to an independent panel or relevant public authority before determining that approval of the plan is in the public interest in accordance with section 98(2)(b).

101 Appointment of panel

(1) The Minister may, by instrument, appoint a panel of persons to consider applications for approval of injection and monitoring plans.

(2) The persons appointed to the panel must be persons who have knowledge of or experience in the matters that the panel is to consider.

(4) The panel must cause a notice to be published in a newspaper circulating generally in the area in which the injection and permanent storage of the greenhouse gas substance is proposed to be carried out inviting submissions on the approval of the proposed plan within the period specified in the notice.

(5) After considering all submissions referred or made to it, the panel must report its findings in writing to the Minister within the period specified by the Minister.

(8) If the Minister does not follow a recommendation made by the panel, he or she must give written reasons for that decision.

102 Community consultation

(1) This section applies if an applicant for approval of an injection and monitoring plan is not required to undertake an Environmental Effects Statement in accordance with the Environment Effects Act 1978 in respect of the works proposed in the plan.

(2) The Minister must, on receiving an application for approval of an injection and monitoring plan, cause to be published in a newspaper circulating generally throughout Victoria a notice providing—

(a) that the Minister has received an application for approval of an injection and monitoring plan; and

(b) details of the place or places at which a copy or a summary of the application and a copy or summary of the accompanying plan may be examined; and

(c) that any person or body interested in the application may request and on payment of the prescribed fee receive from the Minister a summary of the application; and

(d) that any person or body interested in the application may within 21 days of the publication of the notice comment in writing on the application; and

(e) that any person or body interested in the application may ask the Minister in writing to be notified if the Minister approves the injection and monitoring plan.

(3) At the expiration of 21 days from the publication of a notice under subsection (2) the Minister may if any written comments have been received from any person or body interested in the application in accordance with subsection (2)(d) hold a conference in accordance with section 103.

(4) The Minister must consider any written comments received under subsection (2)(d) before approving an injection testing plan.

(5) If the Minister receives a request under subsection (2)(e), the Minister must notify the person or body that made the requests that it has approved the injection and monitoring plan by—

(a) sending notice of the issue to the person or body (or if a request is made by a number of people or bodies jointly, to a representative of those people or bodies); or

(b) publishing notice of the issue in a newspaper circulating generally throughout Victoria.

103 Conferences

(1) If the Minister is of the opinion that a conference of persons concerned in any matter under consideration by the Minister may assist in a just resolution of the matter, the Minister may invite all or any of the interested parties to a conference.

(2) All persons invited to attend a conference under this section must be advised in writing of the time and place at which the conference is to be held.

(3) A conference held under this section must be presided over by the Minister or a person nominated by the Minister for the purpose.

(4) The Minister must take into consideration the discussions and resolutions of any conference under this section and the recommendations of any person presiding at that conference.

104 Compensation agreement

(1) If the Minister has approved an injection and monitoring plan in accordance with section 96, the injection and monitoring licence holder must not carry out any activity under an approved injection and monitoring plan unless—

(a) the licence holder has entered into a compensation agreement with the holder of a resource authority for a resource in the licence area that is likely to be contaminated or sterilised; or

(b) VCAT has determined the amount of compensation that is payable in relation to the proposed work to the holder of a resource authority for a resource in the licence area that is likely to be contaminated or sterilised.

(2) A person may only make an application to VCAT in respect of a claim after the expiry of any period of time specified for the purposes of this section by the regulations.

(3) A party who makes an application to VCAT is only entitled to have that claim determined by VCAT if VCAT is satisfied that the party has attempted to settle the claim by conciliation, but has not been able to do so because the other party has refused to negotiate a settlement or because both parties are unable to agree.

105 What compensation is payable for—resource authority holders

Compensation is payable by the holder of an injection and monitoring licence to any holder of a resource authority for any loss or damage that has been, or will be, sustained in relation to the land or resource as a direct, natural and reasonable consequence of the carrying out of any activity under the injection and monitoring plan including for—

(a) deprivation of access to the resource; and

(b) loss of opportunity to recover or use the resource.

S. 106 amended by No. 61/2008 s. 307 (ILA s. 39B(1)).

106 Injection and monitoring plan must be adhered to

(1) The holder of an injection and monitoring licence must ensure that greenhouse gas substance injection and monitoring is carried out in accordance with—

(a) the injection and monitoring plan; and

(b) the risk management plan prepared as part of the injection and monitoring plan; and

(c) the monitoring and verification plan prepared as part of that plan; and

(d) any conditions attached to the approval of the injection and monitoring plan.

S. 106(2) inserted by No. 61/2008 s. 307.

(2) Without limiting any other power or function of the Environment Protection Authority, the Environment Protection Authority may prosecute an offence against subsection (1)(c).

107 Minister may require variation of injection and monitoring plan

(1) The Minister may require the holder of an injection and monitoring licence to vary the injection and monitoring plan including any risk management plan or monitoring and verification plan prepared as part of that plan that applies to the licence.

(2) The Minister may only do this after consulting with the holder of the licence.

108 Minister to consult

(1) Before requiring the holder of an injection and monitoring licence to vary the injection and monitoring plan and any risk management plan or monitoring and verification plan prepared as part of that plan, the Minister must provide a copy of the proposed variation to—

S. 108(1)(a) amended by No. 39/2018 s. 39(6).

(2) A person or body referred to in subsection (1) may make a recommendation that the variation to the injection and monitoring plan not be required or be required subject to conditions if the person or body is of the opinion that—

(a) the work that is proposed to be carried out under the varied plan will present a risk to the environment; or

(b) the details about how any risks to the environment will be managed are inadequate, including details contained in any risk management plan or monitoring and verification plan.

(3) If a recommendation is made within 40 days after the proposed plan is provided to a person or body under this section, the recommendation is binding on the Minister.

(4) If a person or body requests that the Department provide further information in relation to an application for approval of an injection testing plan, the time in which the person or body may make a recommendation does not include the period from the date that the request for further information is made until the date that the information is received.

109 EPA may require variation of monitoring and verification plan

(1) The Environment Protection Authority may require the holder of an injection and monitoring licence to vary the monitoring and verification plan prepared as part of the injection and monitoring plan.

(2) The Environment Protection Authority may only do this after consulting with the permit holder.

(3) The Environment Protection Authority must consult the Minister before requiring a variation under subsection (1).

110 Minister may allow variation of injection and monitoring plan

(1) On the written application of the holder of an injection and monitoring licence, the Minister may allow the holder of the licence to vary the injection and monitoring plan including any risk management plan or monitoring and verification plan prepared as part of that plan that applies, or is to apply, to the licence.

(2) An application for variation of an injection and monitoring plan must be accompanied by an assessment of the risks associated with the proposed variation.

(3) Sections 96 to 103 apply to an application for approval of a variation.

Division 7—Conditions of greenhouse gas substance injection and monitoring licence

111 Reporting

S. 111(1) amended by No. 61/2008 s. 308(1).

(1) If the holder of an injection and monitoring licence has an approved injection and monitoring plan, it is a condition of the injection and monitoring licence that the holder of the licence provide to the Environment Protection Authority a report on the outcome of all monitoring and verification activities carried out under the licence.

(2) A report under subsection (1) must be provided—

(a) at the times specified in the monitoring and verification plan; or

(b) if no times are specified in the monitoring and verification plan, every three months.

S. 111(3) substituted by No. 61/2008 s. 308(2).

(3) The Environment Protection Authority must give the Minister a copy of each report provided under this section.

S. 111(4) inserted by No. 61/2008 s. 308(2).

(4) The Minister must ensure that a copy of each report provided under this section is available for inspection on the greenhouse gas sequestration register.

112 Payment of long-term monitoring and verification costs

(1) It is a condition of an injection and monitoring licence that the holder of the licence must pay an annual instalment of the estimated long-term monitoring and verification costs set out in the approved injection and monitoring plan.

(2) The annual instalment amount is to be a percentage fixed by the Minister of the total estimated cost.

(3) The licence holder must pay each instalment by the date that it is due to be paid.

Division 8—Permanent storage of greenhouse gas substance by a third party

113 Agreement to store greenhouse gas substance

(1) An injection and monitoring licence holder may enter into an agreement with any person for or in relation to the injection and permanent storage of a greenhouse gas substance in an underground geological storage formation in the licence area.

(2) An agreement under this section must not be inconsistent with this Act or the licence.

114 Minister may direct licence holder to store greenhouse gas substance

(1) If a licence holder fails to enter an agreement under section 113, the person seeking that agreement (the applicant) may apply in writing to the Minister for a direction under subsection (2).

(2) The Minister may direct the holder of a greenhouse gas injection and monitoring licence to inject and permanently store a greenhouse gas substance in an underground geological storage formation in the licence area if the Minister is satisfied that—

(a) the underground geological storage formation has the capacity to store the greenhouse gas substance owned by the applicant; and

(b) the composition of the greenhouse gas substance owned by the applicant is geologically suitable for injection and permanent storage in the underground geological storage formation; and

(c) injecting the applicant's greenhouse gas substance will not significantly interfere with the activities of the licence holder being carried out under the licence; and

(d) the injection and permanent storage of the applicant's greenhouse gas substance in the underground geological storage formation is in the public interest.

(3) The Minister must consult with the licence holder before giving a direction under subsection (2).

115 Licence holder must comply with directions

The holder of a greenhouse gas injection and monitoring licence must comply with a direction given under section 114.

116 Minister may amend licence

Despite anything to the contrary in this Act, the Minister may amend a greenhouse gas injection and monitoring licence (including any condition of the licence) for the purpose of giving effect to a direction given under section 114.

117 Revised injection and monitoring plan

If the Minister gives a direction under section 114, the licence holder must submit a revised injection and monitoring plan for approval in accordance with Division 6.

118 Compensation of licence holder

(1) If the Minister gives a direction under section 114, the licence holder is not required to inject and permanently store a greenhouse gas substance unless—

(a) the applicant has entered into a compensation agreement with the licence holder; or

(b) VCAT has determined the amount of compensation that is payable to the licence holder in relation to the direction.

(2) A person may only make an application to VCAT in respect of a claim after the expiry of any period of time specified for the purposes of this section by the regulations.

(3) A party who makes an application to VCAT is only entitled to have that claim determined by VCAT if VCAT is satisfied that the party has attempted to settle the claim by conciliation, but has not been able to do so because the other party has refused to negotiate a settlement or because both parties are unable to agree.

Part 6—Unit development

119 Unit development

(1) This section applies if an underground geological storage formation that is likely to be geologically suitable for the injection and permanent storage of a greenhouse gas substance extends over a number of areas in a way that legally entitles more than one holder of an injection and monitoring licence to carry out greenhouse gas substance injection and monitoring.

(2) The Minister may require any person who is entitled to carry out greenhouse gas substance injection and monitoring to enter into a co‑operative arrangement for one or more of the following purposes—

(a) to enable more effective greenhouse gas substance injection and monitoring;

(b) to maximise the volume of greenhouse gas substances stored; and

(c) to minimise the impact of greenhouse gas substance injection and monitoring on public health and the environment.

(3) In making such a requirement, the Minister must ensure—

(a) that written notice of the requirement is given to each person on whom the requirement is made; and

(b) that the notice specifies by when the requirement must be complied with; and

(c) that the notice specifies how any dispute concerning the terms of the required co‑operative arrangement is to be resolved; and

(d) that the notice specifies what action the Minister may take if the requirement is not complied with.

(4) For the purposes of subsection (3)(b), the Minister must allow a period of at least 90 days from the date the notice is given.

120 Consultation concerning unit development if part of underground geological storage formation interstate

(1) This section applies if section 119 applies, but part of the underground geological storage formation is outside Victoria (or the Minister reasonably believes that part of the formation is outside Victoria).

(2) The Minister must not make a requirement under section 119 unless he or she has obtained the approval of any authority or body that is responsible for regulating the injection and permanent storage of greenhouse gas substances in that formation outside Victoria.

121 Minister may amend licence for unit development

Despite anything to the contrary in this Act, the Minister may amend an injection and monitoring licence (including any condition of the licence)—

(a) for the purpose of giving effect to a co‑operative arrangement made under section 119; or

(b) as a result of the failure of a person to comply with a requirement made under section 119, but only for the purpose of attempting to achieve, to the maximum extent that is possible, the object that the requirement sought to achieve.

Part 7—Greenhouse gas infrastructure lines

122 Meaning of greenhouse gas infrastructure line

A greenhouse gas infrastructure line is a pipe or system of pipes—

(a) that is for the conveyance of a greenhouse gas substance; and

(b) which forms part of a greenhouse gas sequestration infrastructure facility.

123 Minister may exempt greenhouse gas infrastructure line from Pipelines Act

(1) The Minister may exempt a greenhouse gas infrastructure line from the application of the Pipelines Act 2005.

(2) The Minister may—

(a) require that certain conditions be met before he or she grants the exemption; and

(b) exempt the greenhouse gas infrastructure line wholly from the Pipelines Act 2005 or from specified provisions of that Act; and

(c) impose conditions that must be complied with to maintain the exemption.

(3) An exemption must be in writing.

(4) The Pipelines Act 2005 does not apply to a greenhouse gas infrastructure line to the extent set out in any exemption granted under this section.

Part 8—Special access authorisations

124 Special access authorisation

(1) A special access authorisation authorises the person holding it to carry out the following activities in the area in respect of which it is granted—

(a) carry out a seismic survey or any other kind of survey;

(b) carry out a baseline investigation;

(c) take a sample;

S. 124(1)(d) repealed by No. 68/2014 s. 5(1).

(e) monitor the behaviour of a liquid or gas that has been injected or stored in part of an underground geological storage formation.

(2) A special access authorisation does not give the holder of the authorisation any rights with respect to greenhouse gas substance injection and monitoring within the area in respect of which it is granted.

S. 124(3) substituted by No. 68/2014 s. 5(2).

(3) It is not necessary for the holder of a special access authority to be the holder of an exploration permit, a retention lease or an injection and monitoring licence.

125 Application for special access authorisation

S. 125(1) amended by No. 68/2014 s. 5(3).

(1) A person may apply to the Minister for the grant of a special access authorisation in respect of any area.

(2) In addition to complying with section 147, an applicant for a special access authorisation—

(a) must describe and precisely identify the area in respect of which the authorisation is sought; and

(b) must describe in detail the greenhouse gas sequestration formation exploration operations that the person seeks to carry out in that area; and

(c) must submit details of—

(i) its relevant technical qualifications and of the relevant technical qualifications of its employees; and

(iii) the financial resources available to it.

126 Grant of special access authorisation

(1) The Minister may grant or refuse to grant a special access authorisation.

(2) In determining whether or not to grant a special access authorisation, the Minister must take into account the geological and geophysical nature of the area in respect of which the application is made, and any discoveries that have been made in the area by any other person.

(3) The Minister must not grant an application for an authorisation unless he or she is satisfied that the applicant—

(a) has the technical qualifications (or has employees that have the technical qualifications), has access to the technical advice and has the financial resources that will be necessary to enable the operations proposed in the application to be undertaken; and

(b) has the ability to comply with this Act.

(4) The Minister must not grant an authorisation in respect of an area unless he or she is satisfied that the size of the area is appropriate having regard to the operations proposed in respect of the area by the person applying for the authorisation.

127 Criteria that apply to permit, lease and licence areas

(1) This section applies if any part of the area in respect of which a special access authorisation is sought falls within an area that is the subject of an exploration permit, a retention lease or an injection and monitoring licence.

(2) The Minister must not grant an authorisation in respect of that part of the area unless—

(a) he or she has taken into account the work program of the holder of the permit, lease or licence; and

(b) he or she is satisfied that the operations proposed to be carried out under the authorisation will not be detrimental to, or unduly interfere with, any current or proposed future operations of the holder of the permit, lease or licence; and

(c) the holder of the permit, lease or licence has consented in writing to the issue of the authorisation in respect of that part of the area.

128 Exception to section 127

Despite section 127(2)(c), the Minister may grant a special access authorisation in respect of an area that is the subject of an exploration permit, a retention lease or a greenhouse gas injection and monitoring licence without the consent of the holder of the permit, lease or licence if—

(a) in the opinion of the Minister, the likely geological information to be gained if the authorisation is granted in respect of that area will be of significant benefit to Victoria; and

(b) the Minister—

(i) notifies the holder of the permit, lease or licence in writing that the Minister is proposing to exercise his or her powers under this section, and of the reasons why he or she is proposing to do so; and

(ii) gives the holder 28 days to make any submissions it wishes in relation to the proposal; and

(c) the Minister considers any submissions made in response to the notice and also takes into account any commercial consequences to the holder of the permit, lease or licence that may be likely if the authorisation is granted.

129 Minister may vary area to which authorisation applies

In granting a special access authorisation, the Minister may vary, in any way he or she considers appropriate, the size or the boundaries of the area in respect of which the authorisation was sought.

130 Authorisation does not give exclusive rights

(1) The Minister may grant a special access authorisation in respect of an area, or any part of an area, that is already the subject of another special access authorisation.

(2) The Minister may grant an exploration permit, a retention lease or a greenhouse gas injection and monitoring licence in respect of an area, or any part of an area, that is already the subject of a special access authorisation.

131 Term of authorisation

A special access authorisation continues in force for the period prescribed by the regulations, unless it is cancelled or surrendered earlier or unless this Act otherwise provides.

132 Extension of term of authorisation

On the application of the holder of a special access authorisation, the Minister may grant one extension for up to one year of the period for which the authorisation remains in force.

S. 133 repealed by No. 68/2014 s. 5(4).

S. 134 repealed by No. 68/2014 s. 5(4).

S. 135 repealed by No. 68/2014 s. 5(4).

S. 136 repealed by No. 68/2014 s. 5(4).

S. 137 repealed by No. 68/2014 s. 5(4).

S. 138 repealed by No. 68/2014 s. 5(4).

S. 139 repealed by No. 68/2014 s. 5(4).

S. 140 repealed by No. 68/2014 s. 5(4).

S. 141 repealed by No. 68/2014 s. 5(4).

s. 142 repealed by No. 68/2014 s. 5(4).

S. 143 repealed by No. 68/2014 s. 5(4).

S. 144 repealed by No. 68/2014 s. 5(4).

S. 145 repealed by No. 68/2014 s. 5(4).

146 Permit, lease or licence holder not liable for actions of authorisation holder

(1) This section applies if any part of the area in respect of which a special access authorisation is granted falls within an area that is the subject of an exploration permit, a retention lease or a greenhouse gas injection and monitoring licence.

(2) The holder of the permit, lease or licence is not liable in any way for any thing that is done or not done by the holder of the authorisation.

(3) Subsection (2) applies even if the holder of the permit, lease or licence consented to the granting of the authorisation in respect of the permit, lease or licence area.

Pt 8A (Heading
and ss 146A−146K) inserted by No. 64/2012 s. 42.

Part 8A—Special drilling authorisations

S. 146A inserted by No. 64/2012 s. 42.

146A Special drilling authorisation

(1) A special drilling authorisation authorises—

(a) a holder of an exploration permit, retention lease, greenhouse gas injection licence, injection and monitoring licence, a greenhouse gas assessment permit or a greenhouse gas holding lease—

(i) to carry out greenhouse gas sequestration formation exploration in the drilling authorisation area; and

(ii) to do anything in the drilling authorisation area that is necessary for the purposes of subparagraph (i);

(b) a holder of an injection and monitoring licence or a greenhouse gas injection licence—

(i) to carry out greenhouse gas substance injection and monitoring in the drilling authorisation area; and

(ii) to do anything in the drilling authorisation area that is necessary for the purposes of subparagraph (i).

(2) A special drilling authorisation does not give a current authority holder any rights in respect of resources and underground geological storage formations in the drilling authorisation area.

S. 146B inserted by No. 64/2012 s. 42.

146B Application for special drilling authorisation

(1) A current authority holder may apply to the Minister for the grant of a special drilling authorisation in respect of an area adjacent to the area set out in a primary authorisation held by the holder.

(2) In addition to complying with section 147, an applicant for a special drilling authorisation must—

(a) describe and precisely identify the area in respect of which the authorisation is sought; and

(b) describe in detail the greenhouse gas sequestration operation that the person seeks to carry out in that area; and

(c) submit details of—

(i) its relevant technical qualifications and of the relevant technical qualifications of its employees; and

(iii) the financial resources available to it.

S. 146C inserted by No. 64/2012 s. 42.

146C General criteria the Minister must consider

(1) The Minister must not grant an application for an authorisation unless the Minister is satisfied that the applicant holds a primary authorisation in respect of an area that is adjacent to the proposed drilling authorisation area.

(2) The Minister must not grant an authorisation in respect of an area unless the Minister is satisfied that the size of the area is appropriate having regard to the greenhouse gas sequestration operation proposed in respect of the area by the person applying for the authorisation.

S. 146D inserted by No. 64/2012 s. 42.

146D Criteria that apply to permit, lease and licence areas

(1) This section applies if any part of the area in respect of which a special drilling authorisation is sought falls within an area that is the subject of an exploration permit, a retention lease or an injection and monitoring licence held by a current authority holder who is not the applicant.

(2) The Minister must not grant an authorisation in respect of that part of the area unless that current authority holder has consented in writing to the issue of the authorisation in respect of that part of the area.

S. 146E inserted by No. 64/2012 s. 42.

146E Exception to section 146D

Despite section 146D(2), the Minister may grant a special drilling authorisation in respect of an area that is the subject of a primary authorisation held by a current authority holder who is not the applicant without consent of that holder if—

(a) the Minister—

(i) notifies that holder in writing that the Minister is proposing to exercise the Minister's powers under this section, and of the reasons why the Minister is proposing to do so; and

(ii) gives that holder 28 days to make any submissions it wishes in relation to the proposal; and

(b) the Minister considers any submissions made in response to the notice and also takes into account any commercial consequences to that holder that may be likely if the authorisation is granted.

S. 146F inserted by No. 64/2012 s. 42.

146F Minister may vary area to which authorisation applies

In granting a special drilling authorisation, the Minister may vary in any way the Minister considers appropriate the size or the boundaries of the area in respect of which the authorisation was sought.

S. 146G inserted by No. 64/2012 s. 42.

146G Authorisation does not give exclusive rights

(1) The Minister may grant a special drilling authorisation in respect of an area, or any part of an area, that is already the subject of another special drilling authorisation.

(2) The Minister must not grant a special drilling authorisation in respect of an area, or any part of an area, that is already the subject of another special drilling authorisation unless—

(a) the Minister has taken into account the work program of the current holder of the special drilling authorisation; and

(b) the Minister is satisfied that the greenhouse gas sequestration operation proposed to be carried out under the authorisation will not be detrimental to, or unduly interfere with, any current or proposed future operations of the current holder of the special drilling authorisation; and

(c) the current holder of the special drilling authorisation has consented in writing to the issue of another special drilling authorisation in respect of that part of the area.

(3) The Minister may grant an exploration permit, a retention lease or an injection and monitoring licence in respect of an area, or any part of an area, that is already the subject of a special drilling authorisation.

S. 146H inserted by No. 64/2012 s. 42.

146H Term of authorisation

A special drilling authorisation continues in force for the period specified in the authorisation by the Minister—

(a) until it is cancelled by the Minister; or

(b) until it is surrendered; or

(c) until a primary authorisation in respect of or adjacent to the drilling authorisation area specified in the authorisation expires or is surrendered, cancelled or terminated; or

(d) unless this Act otherwise provides.

S. 146I inserted by No. 64/2012 s. 42.

146I Existing permit, lease or licence holder not liable for actions of authorisation holder

(1) This section applies if any part of the drilling authorisation area falls within an area that is the subject of a primary authorisation held by a current authority holder who is not the holder of a special drilling authorisation.

(2) The current authority holder is not liable in any way for any thing that is done or not done by the holder of the special drilling authorisation.

(3) Subsection (2) applies even if the current authority holder consented to the granting of the special drilling authorisation in respect of the drilling authorisation area.

S. 146J inserted by No. 64/2012 s. 42.

146J Authorisation holder must give data to the Minister

(1) The holder of a special drilling authorisation must give a copy of all factual information obtained as a result of a greenhouse gas sequestration operation carried out under the authorisation to the Minister within 30 days of the information being obtained.

Penalty: 60 penalty units.

(2) A reference to factual information in this section includes any report compiled on the basis of information obtained under the authorisation.

S. 146K inserted by No. 64/2012 s. 42.

146K Authorisation holder must give data to permit, lease or licence holder

(1) This section applies if any part of a special drilling authorisation area falls within an area that is the subject of an exploration permit, a retention lease or an injection and monitoring licence held by a current authority holder who is not the holder of the special drilling authorisation.

(2) The holder of a special drilling authorisation must give a copy of any factual information obtained as a result of a greenhouse gas sequestration operation carried out under the authorisation in that part of the area to the current authority holder within 30 days after completing in that part of the area the operations from which the information was obtained.

(3) If there is an agreement between the holder of the authorisation and the current authority holder in relation to the supply of the information, that agreement prevails over anything to the contrary in this section.

(4) A person must not impose any conditions on the supply of information under this section.

(5) A person must comply with any obligation imposed on the person by this section.

Penalty: 60 penalty units.

Part 9—Provisions applying to authorities generally

Division 1—Applications

147 Application for authorities

(1) An applicant for an authority—

(a) must apply for the authority in the manner required by the Minister; and

(b) must submit a proposed work program and details of how much the applicant intends to spend on each part of that program; and

(c) must submit a proposed consultation plan;

(d) must submit details of any matter required by the Minister to enable the Minister to assess the application; and

(e) must submit evidence of the applicant's ability to comply with this Act; and

(f) may set out other matters that the applicant wishes the Minister to consider.

(2) In the case of an applicant for a retention lease who does not intend to carry out any greenhouse gas injection and monitoring operations under the lease, it is sufficient compliance with subsection (1)(b) if the applicant submits a document declaring that intention.

148 Work programs

A work program in relation to an authority is a document—

(a) that outlines the work that it is intended to do under the authority; and

(b) that outlines how the work is to be structured and the intended extent of the work; and

(c) that sets out proposed timelines for the various phases of the work; and

(d) that is in the form required by the regulations; and

(e) that contains any other details required by the regulations.

149 Applications are not transferable

An application for an authority is not transferable.

150 Native title

If there is a native title holder in relation to land that is subject to an application for an authority, the Minister must not issue the authority in respect of that land unless the Minister is satisfied that the relevant procedures under the Native Title Act have been followed.

151 Existing permits and leases continue until renewal applications etc. decided

(a) an application is made for—

(i) the renewal of an exploration permit; or

(ii) a retention lease in respect of an area held under an exploration permit; or

(iii) an injection and monitoring licence in respect of an area held under a retention lease or an exploration permit; and

(b) the application has not been determined at the time the original permit or lease is due to expire.

(2) The original permit or lease continues in force until the first of these events occurs—

(a) the Minister gives the applicant a written notice stating that he or she refuses to grant the application; or

(b) if the application is granted, the lease, licence or new permit takes effect; or

(c) the application is withdrawn or lapses.

(3) If the application is not made in respect of exactly the same area to which the original permit or lease applies, subsection (2) only applies to the area that is common to the original permit or lease and the area in respect of which the application is made.

Division 2—Community consultation

152 Duty to consult with the community

The holder of an authority has a duty to consult with the community and relevant municipal councils throughout the period of the authority by—

(a) sharing with the community and relevant municipal councils information about any activities authorised by the authority that may affect the community; and

(b) giving members of the community and relevant municipal councils a reasonable opportunity to express their views about those activities.

153 Community consultation plan

S. 153(1) substituted by No. 53/2011 s. 11(1).

(1) A holder of an authority must submit to the Minister a community consultation plan and a list of stakeholders if the holder has not previously prepared an Environment Effects Statement under the Environment Effects Act 1978 in relation to the activities that are to be carried out under the authority.

S. 153(1A) inserted by No. 53/2011 s. 11(1).

(1A) The community consultation plan must be submitted to the Minister—

(a) within 90 days of the grant of the authority; or

(b) before carrying out an activity under the authority—

whichever is the earlier.

S. 153(2) amended by No. 53/2011 s. 11(2).

(2) The purpose of a community consultation plan is to detail how the holder of an authority will consult with members of the community and relevant municipal councils during the life of the authority.

S. 153(3) amended by No. 53/2011 s. 11(2).

(3) A community consultation plan may only be submitted after the holder of an authority has consulted with members of the community and relevant municipal councils in relation to the content of the proposed plan.

154 Requirements for community consultation plan

(1) A community consultation plan must include—

S. 154(1)(a) amended by No. 53/2011 s. 12(a).

(a) general information about the types of activities the holder of the authority intends to carry out; and

(b) information about how any potential adverse impacts on the public health and the environment that may result from those activities will be managed; and

(c) details of the procedures that are to be followed under this Act and any other Act to permit the proposed activities; and

(d) a statement—

(i) advising that members of the community and relevant municipal councils may seek independent legal advice on the proposed activities; and

S. 154(1)(d)(ii) amended by No. 53/2011 s. 12(b).

(ii) setting out the current contact information for the Department and the holder of the authority.

(2) The Minister may publish guidelines concerning the preparation of community consultation plans.

155 Minister to approve community consultation plan

S. 155(1) substituted by No. 53/2011 s. 13(1).

(1) The Minister must within 21 days of receiving a community consultation plan from a holder of an authority advise the holder of whether or not the plan is adequate.

S. 155(2) amended by No. 53/2011 s. 13(2).

(2) If the Minister advises that the community consultation plan is not adequate, the holder of the authority may—

(a) submit a new community consultation plan to the Minister; or

(b) submit amendments to the community consultation plan to the Minister.

S. 155(3) amended by No. 53/2011 s. 13(2).

(3) If a new community consultation plan or amendments to a community consultation plan are submitted to the Minister under subsection (2), the Minister must within 21 days after receiving the plan or amendments advise the holder of the authority whether or not the new community consultation plan or the community consultation plan as amended is adequate.

S. 156 amended by No. 53/2011 s. 14.

156 Plan to be provided to community

A holder of the authority must within 21 days provide a copy of the community consultation plan to any members of the community and each relevant municipal council who may be affected by the activities proposed to be carried out under the authority.

Division 3—Conditions

157 Conditions that may apply to authorities

(1) The Minister may specify that an authority to be granted is to be subject to any conditions that he or she considers to be appropriate.

(2) The Minister may also specify that a person must comply with any conditions that the Minister considers to be appropriate before the Minister will issue an authority to the person.

(3) Without limiting the conditions the Minister may specify under this section, the Minister may specify conditions—

(a) relating to the operations that are to be carried out under the authority;

(b) requiring the expenditure of a minimum amount of money in relation to operations under the authority;

(c) requiring the carrying out of approved work programs during the term of the authority;

(d) concerning the protection of public health;

(e) concerning the protection of the environment;

(f) concerning the rehabilitation of any land affected by operations under the authority;

(g) requiring compliance with any written directions of the Minister in relation to any matters covered by the authority that are not otherwise the subject of a condition;

(h) requiring the holder of the authority to obtain specified approvals or submit specified information to the Minister before beginning a specified operation or using specified equipment;

(i) requiring the holder of the authority to provide other specified information to the Minister.

158 Statutory condition of authority

(1) In addition to the conditions specified on the authority by the Minister under this Part, an authority is subject to the condition that the holder of the authority must comply with all applicable laws in carrying out any activity under the authority.

(2) Despite anything to the contrary in this Act (other than Division 10), this condition cannot be varied.

S. 158B inserted by No. 68/2014 s. 7.

158B Further statutory condition of authority—agreements under Traditional Owner Settlement Act 2010

In addition to any other conditions, an authority is subject to the condition that the holder of the authority comply with any conditions specified in a land use activity agreement under section 31(3) of the Traditional Owner Settlement Act 2010 that were accepted by the applicant for the authority.

159 Minister may vary conditions unilaterally

S. 159(1) amended by No. 68/2014 s. 8.

(2) The Minister may vary any condition imposed on an authority.

(3) To do this, the Minister must—

(a) notify the holder of the authority in writing of the variation the Minister proposes to make and invite the holder to make any submissions it may wish to make in respect of the proposal within the time specified by the Minister; and

(b) consider any submissions made by the holder of the authority.

(4) The Minister must allow a period of at least 28 days for the purposes of subsection (3)(a).

(5) If, after complying with subsection (3), the Minister decides to vary the condition, he or she must give the holder of the authority notice in writing of the decision.

(6) The Minister may only vary a condition on a retention lease or an injection and monitoring licence if at least 5 years have elapsed since the condition was imposed or last varied (whichever is the later event) under this section.

(7) For the purposes of subsection (6), a condition is not imposed or varied if the holder of the authority, in response to a notice under subsection (3)(a), does not object to the imposition or variation of the condition.

160 Minister may vary conditions by consent

S. 160(1) amended by No. 68/2014 s. 8.

(2) On the application of the holder of an authority, the Minister may vary any condition imposed on an authority.

(3) In varying a condition under this section, the Minister—

(a) may also vary any associated condition; and

(b) need not vary the condition in exactly the way sought in the application.

(4) The holder of the authority may withdraw an application if the Minister indicates that he or she will exercise his or her powers under subsection (3) in granting the application.

(5) The Minister cannot, under this section, vary a condition imposed on an authority if the holder of the authority has withdrawn its application to vary the condition.

161 Variation of conditions on renewal, consolidation or transfer

S. 161(1) amended by No. 68/2014 s. 8.

(2) The Minister may vary the conditions that apply to an authority on renewing, wholly transferring or consolidating that authority.

(3) On transferring part of an authority area to another authority, the Minister may vary the conditions that apply to the area that is being transferred.

162 Suspension of conditions

(1) On the application of the holder of an authority, the Minister may suspend any condition imposed on an authority for a period of up to one year.

(2) In suspending a condition under this section, the Minister—

(a) may also suspend any associated condition; and

(b) need not suspend the condition in exactly the way, or on the terms, sought in the application; and

(c) may impose conditions in relation to the suspension.

(3) The holder of the authority may withdraw an application if the Minister indicates that he or she will exercise his or her powers under subsection (2) in granting the application.

(4) The Minister cannot, under this section, suspend a condition imposed on an authority if the holder of the authority has withdrawn its application to suspend the condition.

(5) The holder of an authority that has a condition suspended must comply with any conditions imposed by the Minister under subsection (2)(c).

(6) While a condition of an authority is suspended, the holder of the authority need not comply with the condition.

(7) Subsection (6) does not apply during any time that the holder of the authority is not complying with a condition imposed under subsection (2)(c).

(8) The Minister may suspend under this section all of the conditions that apply to an authority.

163 Term of authority may be extended if condition suspended

If the Minister suspends a condition of an authority, the Minister may also extend the term of the authority by a period not exceeding the period of the suspension.

Division 4—Transfers of authorities

164 Transfers

(1) If the holder of an authority wishes to transfer the authority to another person, either it or the person to whom the authority is to be transferred may apply to the Minister for approval of the transfer.

(2) A person applying for the approval of a transfer—

(a) must apply for the approval in the manner required by the Minister; and

(b) must submit the following details concerning the person to whom the authority is to be transferred—

(i) its relevant technical qualifications and the relevant technical qualifications of its employees; and

(iii) the financial resources available to it; and

(c) must submit evidence of the ability of the person to whom the authority is to be transferred to comply with this Act; and

(d) must submit any other details or matter required by the Minister to enable the Minister to assess the application; and

(e) may set out other matters that it wishes the Minister to consider; and

(f) must submit a transfer document in the form approved by the Minister that has been executed by the parties to the proposed transfer.

S. 164A inserted by No. 64/2012 s. 43.

164A Transfers in relation to special drilling authorisations

(1) This section applies if a primary authorisation that is the basis for a special drilling authorisation granted under Part 8A is transferred under this Act or the Offshore Petroleum and Greenhouse Gas Storage Act 2010.

(2) Despite anything to the contrary in this Act, the special drilling authorisation to which that primary authorisation relates is taken to be transferred to the person to whom the primary authorisation is transferred on the same day the primary authorisation is transferred.

165 Matters Minister must consider in assessing transfer application

(1) The Minister may approve the transfer of an authority if, in his or her opinion, the transfer will maintain or increase greenhouse gas sequestration operations in the authority area.

(2) The Minister may approve the transfer of a retention lease even if the transfer does not comply with subsection (1).

(3) The Minister must not approve the transfer of an authority that, in his or her opinion, is not in the public interest.

166 Creation of interest in authority

(1) The mere execution of a document purporting to transfer an authority creates no interest in the authority.

(2) An interest in an authority is created when the authority is registered in the greenhouse gas sequestration register.

167 Partial transfers of permits and licences

(1) The holder of an exploration permit or an injection and monitoring licence may apply to the Minister to transfer part of the permit or licence area to another person.

(2) The Minister may transfer the area if, in the opinion of the Minister, the transfer will maintain or increase greenhouse gas injection and monitoring operations in the area.

(3) A transfer is to be effected by the issue of a separate permit or licence to the other person.

(4) The separate permit or licence—

(a) expires when the permit or licence from which it was derived expires; and

(b) is subject to the same conditions as applied to that permit or licence (unless those conditions are varied by the Minister in accordance with this Act).

(5) The Minister must not approve a transfer under this section that, in his or her opinion, is not in the public interest.

Division 5—Surrender or cancellation of authorities

168 Surrender of authority

(1) The holder of an authority may surrender the authority with the consent of the Minister.

(2) The Minister must not give his or her consent to the surrender of an authority unless he or she is satisfied that the holder of the authority—

(a) has complied with all the relevant requirements of this Act in relation to the authority; and

(b) has complied with all of the conditions that apply to the authority; and

(c) has plugged or closed off all wells that were made in the authority area under the authority; and

(d) in the case of an exploration permit that has not been renewed, has achieved the key objects of the work program declared by the Minister under Part 3; and

(e) in the case of an exploration permit that has been renewed, has achieved the key objects of the work program declared by the Minister under Part 3 that were to have been achieved by or during the year in which the surrender is sought.

(3) The Minister must not unreasonably refuse to give his or her consent under this section.

(4) If the Minister is not satisfied as to any matter referred to in subsection (2), he or she may still consent to the surrender of the authority if he or she is satisfied that the failure to comply with the relevant requirement was the result of one or more events beyond the control of the holder of the authority.

169 Partial surrender of authority

(1) The holder of an authority may apply to the Minister for the Minister's consent to the surrender of part of the area to which the authority applies.

(2) The Minister must not give his or her consent to the surrender of the part of the area unless he or she is satisfied that the holder of the authority has complied with all of the requirements listed in section 168(2) in respect of the part of the area.

(3) The Minister may make the giving of his or her consent conditional on the holder of the authority agreeing to the variation of the conditions that apply to the area that will be retained under the authority.

(4) Sections 168(3) and 168(4) also apply to applications for consent under this section.

170 Additional criteria for surrender of injection and monitoring licence

(1) In addition to the requirements set out in section 168, the Minister may only consent to the surrender of an injection and monitoring licence if—

(a) in the opinion of the Minister—

(i) the greenhouse gas substance that has been injected into an underground geological storage formation in the licence area is behaving and will continue to behave in a predictable manner; and

(ii) the licence holder has reduced the risks associated with the permanent storage of the greenhouse gas substance to as low as is reasonably practicable; and

(iii) the stored greenhouse gas substance will not present a risk to public health or the environment; and

(b) the licence holder has provided the following information—

(i) details of the work carried out under the licence;

(ii) details of the physical, geological, hydrological, chemical and biological conditions at the licence area at the time that the application for surrender of the licence is made;

(iii) a verifiable estimate of the storage capacity of any underground geological storage formation in which a greenhouse gas substance has been injected for the purpose of permanent storage;

(iv) details of the greenhouse gas substance injected under the licence, including a verifiable estimate of the volume of greenhouse gas substance injected, the rate at which it was injected and the injection technique used;

(v) an assessment of the processes and pathways for potential greenhouse gas migration and leakage to the environment;

(vi) an assessment of the effects that any potential leakage might have on public health or the environment and on any other resources in the licence area;

(vii) a risk management plan in the event of leakage to the environment; and

(c) the licence holder has prepared, for the approval of the Minister, a long-term monitoring and verification plan including an estimate of the cost of carrying out the activities in the plan.

(2) Before the Minister consents to the surrender of an injection and monitoring licence, he or she must approve the applicant's long-term monitoring and verification plan.

(3) The Minister may approve the long-term monitoring and verification plan subject to conditions.

171 Surrender of injection and monitoring licence

(1) For the purposes of determining whether a stored greenhouse gas substance will present a risk to the environment, the Minister must, within 21 days of receiving an application for surrender of an authority, provide a copy of the application to—

S. 171(1)(a) amended by No. 39/2018 s. 39(7).

(2) A person or body referred to in subsection (1) may make a binding recommendation that the application for surrender of an authority not be approved or be approved subject to conditions if the person or body is of the opinion that—

(a) the stored greenhouse gas substance will present a risk to the environment; or

(b) the applicant's proposed risk management plan in relation to the environment is inadequate; or

(c) the applicant's proposed long-term monitoring and verification plan, including estimated costs in relation to carrying out the activities detailed in that plan, is inadequate.

(3) If a recommendation is made within 40 days after the application is provided to a person or body under this section, the recommendation is binding on the Minister.

(4) If a person or body requests that the Department provide further information in relation to an application for surrender of an authority, the time in which the person or body may make a recommendation does not include the period from the date that the request for further information is made until the date that the information is received.

172 Referral of application to independent panel

Before approving an application for surrender of an injection and monitoring licence, the Minister may refer the application to an independent panel or any relevant public authority for a recommendation concerning acceptance of the application.

173 Appointment of panel

(1) The Minister may, by instrument, appoint a panel of persons to consider an application for surrender of an authority.

(2) The persons appointed to the panel must be persons who have knowledge of or experience in the matters that the panel is to consider.

(4) The panel must cause a notice to be published in a newspaper circulating generally in the area in which the authority is proposed to be surrendered inviting submissions on the approval of the surrender within the period specified in the notice.

(5) After considering all submissions referred or made to it, the panel must report its findings in writing to the Minister within the period specified by the Minister.

(8) If the Minister does not follow a recommendation made by the panel, he or she must give written reasons for that decision.

174 Payment of long-term monitoring and verification costs

(1) If the Minister consents to the surrender of an injection and monitoring licence, the licence holder must, before surrendering the licence, pay the remaining cost of carrying out long-term monitoring and verification as detailed in the long-term monitoring and verification plan approved under section 170(2) and which has not already been paid in accordance with section 112.

(2) If the licence holder has paid more than the cost estimated in the long-term monitoring and verification plan, the licence holder is entitled to a refund of the difference between the amount paid and the cost estimated in the approved plan.

175 Cancellation of authority

The Minister may cancel an authority if—

(a) the holder of the authority has not complied with the work program that was to have been carried out under the authority; or

(b) the conditions of the authority or any of the provisions of this Act that apply to the authority have not been complied with; or

(c) any activity carried out under the authority has caused a risk to public health or the environment; or

(d) any activity carried out under the authority has caused a serious situation; or

(e) the holder of the authority has failed to maintain any insurance policy it is required to maintain under this Act or has failed to lodge any bond it was required to lodge under this Act; or

(f) the holder of the authority no longer has the funds to carry out its work program; or

(g) the holder of the authority has not paid any amount that is payable under this Act within 90 days after it was due and within 30 days after receiving a written notice from the Minister warning it of the Minister's power under this provision; or

(h) it is, in the opinion of the Minister, in the public interest to cancel the authority.

S. 175A (Heading) amended by No. 68/2014 s. 9(1).

175A Special drilling authorisation surrendered, suspended or cancelled if primary authorisation surrendered, suspended or cancelled

S. 175A inserted by No. 64/2012 s. 44.

(1) If a primary authorisation that is the basis for a special drilling authorisation granted under Part 8A is cancelled under this Act or the Offshore Petroleum and Greenhouse Gas Storage Act 2010, the special drilling authorisation that relates to that primary authorisation is taken to be cancelled on the same day the primary authorisation is cancelled.

(2) If a primary authorisation that is the basis for a special drilling authorisation granted under Part 8A is suspended under this Act or the Offshore Petroleum and Greenhouse Gas Storage Act 2010, the special drilling authorisation that relates to that primary authorisation is taken to be suspended on the same day the primary authorisation is suspended.

S. 175A(3) inserted by No. 68/2014 s. 9(2).

(3) If a primary authorisation that is the basis for a special drilling authorisation granted under Part 8A is surrendered under this Act or the Offshore Petroleum and Greenhouse Gas Storage Act 2010, the special drilling authorisation that relates to that primary authorisation is taken to be surrendered on the same day the primary authorisation is surrendered.

S. 175B inserted by No. 64/2012 s. 44.

175B Special drilling authorisation expires or is terminated if primary authorisation expires or is terminated

(1) If a primary authorisation that is the basis for a special drilling authorisation granted under Part 8A expires under this Act or the Offshore Petroleum and Greenhouse Gas Storage Act 2010, the special drilling authorisation that relates to that primary authorisation is taken to expire on the same day the primary authorisation expires.

(2) If a primary authorisation that is the basis for a special drilling authorisation granted under Part 8A is terminated under the Offshore Petroleum and Greenhouse Gas Storage Act 2010, the special drilling authorisation that relates to that primary authorisation is taken to be terminated on the same day the primary authorisation is terminated.

176 Additional grounds for the cancellation of an injection and monitoring licence

The Minister may also cancel an injection and monitoring licence if the Minister is satisfied—

(a) that no greenhouse gas substance is being injected for permanent storage in the licence area in accordance with the work program and the holder of the licence has no present intention to inject a greenhouse gas substance in that area in the immediate future; or

(b) that no greenhouse gas substance has been injected in the underground geological storage formation in accordance with the work program in the last 2 years.

177 Procedure to be followed before authority cancelled

The Minister must not cancel an authority under this Act unless he or she—

(a) has given the holder of the authority a written notice—

(i) stating that the Minister believes that there may be grounds for cancelling the authority; and

(ii) providing details of those grounds and providing a copy of the information available to the Minister concerning those grounds; and

(iii) inviting the holder of the authority to submit to the Minister within 30 days of the date the holder of the authority is given the notice any material that the holder wishes to submit; and

(b) has considered any material submitted by the holder of the authority in response to the notice; and

(c) is satisfied that one of the grounds set out in section 175 or 176 that is relevant to the authority exists.

178 Minister may give directions if authority expires or is surrendered or cancelled

(1) This section applies if an authority is surrendered or cancelled or expires.

(2) The Minister may direct the person who held the authority immediately before the surrender, cancellation, expiry or removal to do one or more of the following to the satisfaction of the Minister—

(a) remove, or cause to be removed, from the relevant area all property brought into that area under the authority, or to make other arrangements with respect to that property; and

(b) plug or close off all wells made in the relevant area under the authority; and

(c) subject to this Act, provide for the conservation and protection of the resources in the relevant area; and

(d) make good any damage to the surface of the land or the sub-soil in the relevant area caused by any person engaged or concerned in the operations conducted under the authority; and

(e) give to the Minister any information that it was obliged to give to the Minister.

(3) A direction must be given in writing and must specify by when it must be complied with.

(4) A person to whom a direction is given must comply with the direction within the time specified in the direction.

(5) Nothing in this section requires the Minister to give a direction to any person.

(6) In this section relevant area means—

(a) if an authority expires or is surrendered or cancelled in its entirety, the area to which the authority applied;

(b) in any other case, the area to which the authority no longer applies.

Division 6—Miscellaneous matters

179 Consolidation of adjoining authorities

(1) In this section a reference to an authority does not include a reference to a special access authorisation.

(2) This section applies if the same person holds 2 or more authorities of the same type and each of the authority areas has at least one common boundary with another of those authority areas.

(3) The person may apply to the Minister to have a single authority of that type issued in respect of all of those authorities.

(4) The Minister may grant an application if he or she is satisfied—

(a) that the consolidation of the authorities will not affect the work programs being, or to be, conducted under each of the authorities in respect of which the application is made; and

(b) that the consolidated authority area will form one continuous parcel of land.

(5) An authority that is the result of the consolidation of 2 or more authorities expires on the earliest date any of the authorities that have been consolidated would have expired.

180 Excision of area from authority

(1) The Minister may excise an identified area from an authority if the Minister is satisfied—

(a) that no operations have been carried out in the identified area in accordance with the work program in the last 2 years; and

(b) excision of the identified area will not interfere with the ongoing operations of the holder of the authority; and

(c) excision of the identified area from the authority area is in the public interest.

(2) Before deciding to excise an identified area from an authority under subsection (1), the Minister—

(a) must consult with the holder of the authority; and

(b) may consult with an independent panel or any relevant public authority for a recommendation concerning excision of the identified area.

(3) The Minister may amend an authority (including any condition of the authority) to give effect to his or her decision to excise an identified area from the authority under this section.

181 Reporting of serious situations

The holder of an authority must within the period of time specified in the regulations report any serious situation that has occurred, or may occur, in the authority area.

182 Power of Minister to give a direction

If, in the opinion of the Minister, a serious situation has occurred, the Minister may, in writing, direct an authority holder—

(a) to take all reasonable steps to ensure that the greenhouse gas substance is injected into the underground geological storage formation in the manner specified in the direction; or

(b) to take all reasonable steps to ensure that the greenhouse gas substance is stored in the underground geological storage formation in the manner directed; or

(c) to stop or suspend the injection of a greenhouse gas substance at the place or places specified in the direction; or

(d) to inject a greenhouse gas substance in an underground geological storage formation at the place or places specified in the direction; or

(e) to undertake the activities specified in the direction for the purposes of eliminating, mitigating, managing or remedying the serious situation; or

(f) to take such action as specified in the direction; or

(g) to refrain from taking such action as specified in the direction.

183 Offence to fail to comply with direction

The holder of an authority must comply with a direction given under section 182.

184 Minister must publish certain details if authority granted

(1) The Minister must publish notice of each reportable event in the Government Gazette within 14 days of the event occurring.

(2) The notice must—

(a) state that the reportable event has occurred and when it occurred; and

(b) set out details of who holds the relevant permit or licence; and

(c) contain a brief description of the area to which the permit or licence applies.

(3) If there was more than one application for the relevant permit or licence, the notice must also contain—

(a) an outline of the reasons why the permit or licence was granted to the successful applicant; and

(b) if the chief reason was the superiority of the intended work program of the successful applicant, an outline of that work program.

(4) The notice may contain any other details the Minister considers to be appropriate.

(5) In this section reportable event means the granting by the Minister of an exploration permit under Division 2 of Part 3, or of a injection and monitoring licence under Division 4 of Part 5.

185 Variation of an authority

(1) The Minister may vary the details of an authority at any time.

(2) The Minister may not vary the expiry date of an authority under this section.

(3) A reference to details in this section does not include a reference to the conditions to which the authority is subject.

186 Expedited procedure for replacement of invalidated title

(a) a court or tribunal finds an authority to be wholly or partly invalid and the invalidity stems from circumstances that were beyond the control of the holder of the authority; and

(b) the person who held the authority applies within 60 days after the finding to the Minister for the grant of an authority of the same type for all or part of the former authority area.

(2) The Minister may grant the authority to the person without the need to comply with any procedural requirement that would usually apply to the grant of such an authority.

(3) In granting an authority under this section, the Minister may impose any conditions the Minister considers to be appropriate on the authority.

187 Occupiers liability

(1) For the purposes of Part IIA of the Wrongs Act 1958 and the rules of common law with respect to the liability of occupiers to people entering on their premises, the holder of an authority is the occupier of that part of any premises on which any operation is being carried out under the authority, and not any other person.

(2) An occupier of any premises that is in an area to which an authority applies does not, unless the occupier is also the holder of the authority, owe a duty to take care of any person entering on those premises for the purpose of carrying out an operation under the authority.

(3) Subsection (2) applies despite anything to the contrary in Part IIA of the Wrongs Act 1958 or the rules of common law with respect to the liability of an occupier to a person entering on the occupier's premises.

(4) Nothing in subsection (2) limits any other duty owed by an occupier to a person entering on the occupier's premises in the circumstances described in that subsection.

S. 187A inserted by No. 68/2014 s. 10.

187A Authorities not personal property

For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, an authority is declared not to be personal property.

Part 10—Planning matters

188 Definition of planning scheme

In this Part, planning scheme means a planning scheme approved under the Planning and Environment Act 1987.

189 Exploration under exploration permit overrides planning schemes

(1) The holder of an exploration permit may carry out in accordance with the permit greenhouse gas sequestration formation exploration in the permit area—

(a) without obtaining a permit under the planning scheme that applies to the authority area; and

(b) without complying with any conditions specified in that planning scheme in relation to the use or development of that land for exploration.

(2) Subsection (1) applies even if the planning scheme wholly or partly prohibits the use or development of the authority area for exploration.

190 Injection and monitoring operations also override planning schemes

S. 190(1) amended by No. 68/2014 s. 11(1).

(1) The holder of an injection and monitoring licence may be granted a permit under the planning scheme to carry out in the licence area any greenhouse gas substance injection and monitoring authorised by the licence.

S. 190(1A) inserted by No. 68/2014 s. 11(2).

(1A) In addition, if the holder of an injection and monitoring licence or a greenhouse gas injection licence holds a special drilling authorisation, the holder may be granted a permit under a planning scheme to carry out in the drilling authorisation area for that authorisation any greenhouse gas substance injection and monitoring authorised by that authorisation.

S. 190(1B) inserted by No. 68/2014 s. 11(2).

(1B) Subsections (1) and (1A) apply despite anything to the contrary in a planning scheme that applies to a licence area or drilling authorisation area mentioned in those subsections.

S. 190(2) inserted by No. 68/2014 s. 11(2).

(2) Subsections (1) and (1A) apply even if the planning scheme prohibits the carrying out of greenhouse gas substance injection and monitoring in the area (whether absolutely or unless specified conditions are complied with) and does not provide for the granting of a permit for the carrying out of those operations.