Greenhouse Gas Geological Sequestration Regulations 2019 (Victoria)

These Regulations prescribe the procedural, administrative and technical particulars that implement the Greenhouse Gas Geological Sequestration Act 2008. They translate several statutory requirements into specified content, timing and form obligations for holders of exploration permits, retention leases and injection and monitoring licences, and they set fees, time limits and certain enforcement detail.

Mechanically the instrument does the following, among other matters:

Specifies the content requirements for monitoring and verification plans that must be included in injection testing plans (exploration permit holders) and in injection and monitoring plans (licence holders), listing the geological, environmental, equipment, monitoring technique, differentiation and verification elements that must be addressed (reg 6(1); reg 9(1)).
Requires monthly reporting of monitoring and verification outcomes under licences by reference to s 55(1) and s 111(1) of the Act, implemented by specifying monthly frequency in reg 6(2) and reg 9(2).
Prescribes the content of risk management plans for both injection testing and full injection operations, including risk descriptions, performance objectives and a risk management strategy (reg 7; reg 10).
Fixes a maximum time for commencement of injection following application for an injection and monitoring licence at 5 years (reg 8).
Sets operational governance requirements for operation plans, including an environment management plan with detailed elements: environmental description, risk identification, performance objectives and standards, implementation strategies, roles, training, monitoring, and records of emissions and discharges (regs 17 to 22).
Requires reporting on wells, seismic and other surveys, with specific timeframes and content (regs 23, 24).

Version No. 001

Greenhouse Gas Geological Sequestration Regulations 2019

S.R. No. 119/2019

Version as at
30 November 2019

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 1

3 Commencement 1

4 Revocations 1

5 Definition 2

Part 2—Authorities 3

6 Injection testing plan—monitoring and verification plan 3

7 Injection testing plan—risk management plan 5

8 Maximum time period for commencement of injection 5

9 Injection and monitoring plan—monitoring and verification plan 5

10 Injection and monitoring plan—risk management plan 7

11 Special access authorisation 8

12 Form of work program 8

13 Reporting of serious situations 8

14 Other matters to be included in the operation plan 10

15 Discovery of underground geological storage formation 11

16 Information, samples and records 11

Part 3—Environment management plan 13

17 Operation plan must include an environment management plan 13

18 Description of the environment 13

19 Description of environmental effects and risks 13

20 Environmental performance objectives and standards 14

21 Implementation strategy for the environment management plan 14

22 Other information in the environment management plan 16

Part 4—Specified information to be submitted to Minister 17

23 Holder to provide information about wells made under certain authorities 17

24 Holder of authority to provide information about seismic and other surveys 18

25 Annual report 18

Part 5—Royalties and rent 21

26 Time and manner of payment of royalties 21

27 Rent for occupancy of Crown land 21

Part 6—Pecuniary interest statements 22

28 Definitions 22

29 Duty of disclosure of pecuniary interests 22

30 Disclosure of interest register 23

31 Inspection of register 23

Part 7—Fees 24

32 Application fees 24

33 Late fee for renewal of exploration permit 24

34 Fee for renewal of exploration permit 24

35 Fee for renewal of retention lease 24

36 Late fee for retention lease 24

37 Annual fees for exploration permit, retention lease or injection and monitoring licence 24

38 Fees for transfer of an exploration permit, retention lease or injection and monitoring licence 25

39 Fees for inspection of, or copy of document in, greenhouse gas sequestration register 25

40 Fee for Minister's certificate 26

Part 8—General 27

41 Compensation agreement—application to VCAT 27

42 Period before a disputed claim can go to VCAT or Supreme Court 27

43 Minister may require information from petroleum operators 27

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Endnotes 29

1 General information 29

2 Table of Amendments 31

3 Amendments Not in Operation 32

4 Explanatory details 33

Version No. 001

Greenhouse Gas Geological Sequestration Regulations 2019

S.R. No. 119/2019

Version as at
30 November 2019

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are—

(a) to provide for the elimination or minimisation of the environmental, health and safety hazards and risks associated with greenhouse gas sequestration operations; and

(b) to prescribe various administrative matters, fees and other requirements authorised by the Greenhouse Gas Geological Sequestration Act 2008.

2 Authorising provision

These Regulations are made under section 303 of the Greenhouse Gas Geological Sequestration Act 2008.

3 Commencement

These Regulations come into operation on 30 November 2019.

4 Revocations

The following Regulations are revoked—

(a) Greenhouse Gas Geological Sequestration Regulations 2009[1];

(b) Greenhouse Gas Geological Sequestration Amendment Regulations 2015[2].

5 Definition

In these Regulations—

the Act means the Greenhouse Gas Geological Sequestration Act 2008.

Part 2—Authorities

6 Injection testing plan—monitoring and verification plan

(1) For the purposes of section 38(d) of the Act, the monitoring and verification plan included in an injection testing plan prepared by the holder of an exploration permit must include—

(a) details of—

(i) the characteristics of the geological formation into which a liquid or gas is proposed to be injected; and

(ii) any geological or other conditions that may influence containment of an injected liquid or gas; and

(b) a description of—

(i) the existing environment above, on and below the surface of the ground; and

(ii) any resource above, on or below the surface of the ground that a person is entitled to extract or use under a resource authority; and

(c) details of the equipment proposed to be used to monitor the behaviour of any injected liquid or gas and where the equipment is to be located; and

(d) details of—

(i) the monitoring techniques, whether above, on or below the surface of the ground, that the holder of the exploration permit proposes to use to monitor the behaviour of any injected liquid or gas and its effect on the environment; and

(ii) the length of time that each technique is to be used; and

(iii) how often each technique is to be carried out; and

(e) details of the methods to be used for differentiating injected liquids or gases from naturally occurring liquids or gases; and

(f) details of—

(i) how the actual behaviour of injected liquids or gases is to be verified against the expected behaviour of injected liquids or gases; and

(ii) how often the actual behaviour of injected liquids or gases is to be verified against the expected behaviour of injected liquids or gases; and

(g) details of—

(i) how the effect of injected liquids or gases on naturally occurring liquids or gases is to be verified against the effect (if any) that the holder of the exploration permit expected; and

(ii) how often the effect of injected liquids or gases on naturally occurring liquids or gases is to be verified against the effect (if any) that the holder of the exploration permit expected.

(2) For the purposes of section 55(2)(a) of the Act, a monitoring and verification plan must specify that a report under section 55(1) of the Act on the outcome of all monitoring and verification activities carried out under the licence must be provided every month.

7 Injection testing plan—risk management plan

For the purposes of section 38(e) of the Act, the risk management plan included in an injection testing plan prepared by the holder of an exploration permit must include—

(a) details of potential risks and damage to, and impacts on, public health and the environment that may result from injection testing operations, whether or not in emergency conditions; and

(b) performance objectives and standards against which performance by the holder of the exploration permit in avoiding those risks, damages and impacts is to be measured; and

8 Maximum time period for commencement of injection

For the purposes of sections 73(2) and 75(2) of the Act, the maximum time period is 5 years beginning on the date on which the application for the injection and monitoring licence is made.

9 Injection and monitoring plan—monitoring and verification plan

(1) For the purposes of section 94(j) of the Act, a monitoring and verification plan included in an injection and monitoring plan prepared by the holder of an injection and monitoring licence must include—

(a) details of—

(i) the characteristics of the geological formation into which a greenhouse gas substance is proposed to be injected; and

(ii) any geological or other conditions that may influence containment of an injected greenhouse gas substance; and

(b) a description of—

(i) the existing environment above, on and below the surface of the ground; and

(ii) any resource above, on and below the surface of the ground that a person is entitled to extract or use under a resource authority; and

(c) details of the equipment proposed to be used to monitor the behaviour of injected greenhouse gas substances and where the equipment is to be located; and

(d) details of—

(i) the monitoring techniques, whether above, on or below the surface of the ground, that the holder of the injection and monitoring licence proposes to use to monitor the behaviour of any injected greenhouse gas substance and its effect on the environment; and

(ii) the length of time that each technique is to be used; and

(iii) how often each monitoring technique is to be carried out; and

(e) details of the methods to be used for—

(i) differentiating injected greenhouse gas substances from naturally occurring greenhouse gas substances; and

(ii) differentiating between 2 or more kinds of injected greenhouse gas substances; and

(f) details of—

(i) how the actual behaviour of injected greenhouse gas substances is to be verified against the expected behaviour of injected greenhouse gas substances; and

(ii) how often the actual behaviour of injected greenhouse gas substances is to be verified against the expected behaviour of injected greenhouse gas substances; and

(g) details of—

(i) how the effect of injected greenhouse gas substances on naturally occurring liquids or gases is to be verified against the effect (if any) that the holder of the injection and monitoring licence expected; and

(ii) how often the effect of injected greenhouse gas substances on naturally occurring liquids or gases is to be verified against the effect (if any) that the holder of the injection and monitoring licence expected.

(2) For the purposes of section 111(2)(a) of the Act, a monitoring and verification plan must specify that a report under section 111(1) of the Act on the outcome of all monitoring and verification activities carried out under the licence must be provided every month.

10 Injection and monitoring plan—risk management plan

For the purposes of section 94(k) of the Act, a risk management plan included in an injection and monitoring plan prepared by the holder of an injection and monitoring licence must include—

(a) details of potential risks and damage to, and impacts on, public health and the environment that may result from injection activities, whether or not in emergency conditions; and

(b) performance objectives and standards against which performance by the holder of the injection and monitoring licence in avoiding those risks, damages and impacts is to be measured; and

11 Special access authorisation

For the purposes of section 131 of the Act, a special access authorisation continues in force for 12 months after the date on which it is granted.

12 Form of work program

For the purposes of section 148(d) of the Act, a work program must be in—

(a) electronic form; or

(b) a form approved by the Minister.

13 Reporting of serious situations

(1) For the purposes of section 181 of the Act, the period within which a serious situation must be reported by the holder of the authority is—

(a) in the case of a serious situation that has occurred—

(i) by a preliminary report, 2 hours after the authority holder or any person associated with the greenhouse gas sequestration operation carried out under the authority first becomes aware of the occurrence; and

(ii) by a further report, 3 days after the authority holder or any person associated with the greenhouse gas sequestration operation first becomes aware of the occurrence; or

(b) in the case of a serious situation that may occur—

(i) by a preliminary report, 2 hours after the authority holder or any person associated with the greenhouse gas sequestration operation first becomes aware that the serious situation may occur; and

(ii) by a further report, 3 days after the authority holder or any person associated with the greenhouse gas sequestration operation first becomes aware that the serious situation may occur.

(2) A preliminary report under subregulation (1) must be given by telephone to the Department and must include—

(a) the name of the informant; and

(b) the telephone number of the informant; and

(d) the location of the serious situation; and

(e) sufficient details to identify the serious situation.

(3) A further report under subregulation (1) must be given in writing to the Department and must include—

(a) the name, address, telephone number and email address of the authority holder; and

(b) details of the serious situation and where it has occurred or may occur; and

(i) the leak or anticipated leak; or

(ii) the unpredicted behaviour or anticipated unpredicted behaviour; or

(iii) the significant impact or anticipated significant impact; or

(iv) the unsuitable, or anticipated unsuitable, underground geological storage formation; and

(d) details of any harm or damage that has been or may be suffered by any person or the environment; and

(e) details of action taken, or to be taken, to control or minimise harm or damage; and

(f) any other information relevant to the serious situation that has occurred, or may occur, that is requested by the Minister.

14 Other matters to be included in the operation plan

For the purposes of section 209(d) of the Act, an operation plan given to the Minister by the holder of an authority must provide for—

(a) a review by the holder of the risks identified in the plan whenever there is a significant change in the risks that the operation may pose; and

(b) a review of the plan by the holder at least once every 5 years; and

(d) if the operation involves drilling and operating a well, an assessment of all safety and environmental risks associated with drilling and operating a well and a description of how those risks will be managed.

15 Discovery of underground geological storage formation

(1) For the purposes of section 230(1)(a) of the Act, the information that is required to be given to the Minister regarding an underground geological storage formation discovered in an authority area is—

(a) the location of the formation and its extent; and

(b) the geoscientific properties of the formation and the surrounding area; and

(d) particulars of pressures in the formation and the surrounding area; and

(e) an analysis of the suitability of the formation for the storage of greenhouse gas substances; and

(f) any other information requested by the Minister in the direction given under section 230(1) of the Act.

(2) The information required under subregulation (1) must be given in writing.

16 Information, samples and records

(1) For the purposes of section 231(a) of the Act, the information required to be collected for the purpose of monitoring compliance with the Act is—

(a) geoscientific data; and

(b) engineering and safety data; and

(d) monitoring data.

(2) For the purposes of section 231(a) of the Act, the samples required to be collected for the purpose of monitoring compliance with the Act are—

(a) rock cores; and

(b) cuttings; and

(d) drilling muds; and

(e) fluids; and

(f) gases; and

(g) other related substances.

(3) For the purposes of section 231(b) of the Act—

(a) the information referred to in subregulation (1) must be kept in a readily accessible electronic format in accordance with accepted industry practices; and

(b) the samples referred to in subregulation (2) must be kept in accordance with accepted industry practices.

(4) For the purposes of section 231(c) of the Act, the holder of an authority must give to the Minister information, samples and records in accordance with any request made by the Minister.

Part 3—Environment management plan

17 Operation plan must include an environment management plan

(1) Subject to subregulation (2), for the purposes of section 209(d) of the Act, an operation plan given to the Minister by the holder of an authority must include an environment management plan in accordance with this Part.

(2) An environment management plan under this Part is not required to include matters that are included in the injection testing plan or the injection and monitoring plan that form part of the operation plan in which the environment management plan is included.

18 Description of the environment

An environment management plan must—

(a) describe the existing environment that may be affected by the greenhouse gas sequestration operation, including but not limited to any relevant cultural, historical, aesthetic, social, recreational, ecological, biological, landscape and economic aspects of the existing environment that may be affected; and

(b) identify the relevant values and sensitivities (if any) of the existing environment.

19 Description of environmental effects and risks

An environment management plan must identify and evaluate the environmental effects and risks that may arise directly or indirectly from—

(a) activities under the greenhouse gas sequestration operation (including construction if applicable); and

(b) any conditions that may result from activities under the greenhouse gas sequestration operation, including but not limited to conditions resulting from accidents or emergencies.

20 Environmental performance objectives and standards

An environment management plan must—

(a) define environmental performance objectives and set environmental performance standards for measuring the protection of the environment by the holder of the authority when carrying out the greenhouse gas sequestration operation; and

(b) include measurement methods for determining whether those objectives and standards have been met.

21 Implementation strategy for the environment management plan

An environment management plan must contain an implementation strategy that—

(a) includes measures to ensure that the environmental performance objectives and standards in the environment management plan are met; and

(b) identifies the specific systems, practices and procedures to be used to ensure that—

(i) any potential adverse environmental effects of, and any risks to the environment arising from, the greenhouse gas sequestration operation are eliminated or continuously minimised so far as is reasonably practicable; and

(ii) the environmental performance objectives and standards in the environment management plan are met; and

(c) sets out the roles and responsibilities of personnel in relation to the implementation, management and review of the environment management plan; and

(d) includes measures to ensure that each employee or contractor working on or in connection with the greenhouse gas sequestration operation—

(i) is aware of the employee's or contractor's responsibilities in relation to the environment; and

(ii) has the appropriate skills and training to be able to fulfil those responsibilities; and

(e) provides for the monitoring, audit and review of the environmental performance and implementation strategy of the holder of the authority; and

(f) provides for the maintenance of a quantitative record of emissions and discharges to the air, land surface or below that land surface environment—

(i) other than those relating to liquids, gases or greenhouse gas substances injected under an authority; and

(ii) that is accurate and can be monitored and audited against the environmental performance objectives and standards in the environment management plan.

22 Other information in the environment management plan

An environment management plan must contain the following—

(a) a statement of the corporate environmental policy of the holder of the authority;

(b) a report on any consultations between the holder and relevant authorities, interested people and organisations in the course of developing the environment management plan;

(c) a list of all Commonwealth and State legislation that relates to environmental management of the greenhouse gas sequestration operation.

Part 4—Specified information to be submitted to Minister

23 Holder to provide information about wells made under certain authorities

(1) If the holder of an exploration permit or an injection and monitoring licence makes a well, the holder must submit the following information to the Minister—

(a) a description of the location and purpose of the well and the proposed down hole activity;

(b) the period during which the holder expects that the well will be used;

(i) the characteristics of the geological formation where the well is situated; and

(ii) the existing environment and conditions, and any resource (whether above, on or below the surface of the ground) that the holder is entitled to extract or use under a resource authority.

(2) The information required under subregulation (1) must be provided to the Minister within—

(a) 3 months after the well is made; or

(b) the period approved by the Minister.

(3) If a well made by the holder of an exploration permit or an injection and monitoring licence ceases to be required or used, the holder must—

(a) decommission the well; and

(b) provide a report to the Minister on the measures taken for the decommissioning of the well.

24 Holder of authority to provide information about seismic and other surveys

(1) If the holder of an exploration permit, retention lease or injection and monitoring licence conducts a seismic or any other survey in the course of carrying out a greenhouse gas sequestration operation under the permit, lease or licence, the holder must submit to the Minister the following information—

(a) the location and purpose of the survey;

(b) the date and duration of the survey;

(2) The information required under subregulation (1) must be provided to the Minister—

(a) within 3 months after the survey has been conducted; or

(b) within the period approved by the Minister.

25 Annual report

(1) The holder of an authority must, in accordance with subregulations (2) and (3), submit to the Minister a report of the greenhouse gas sequestration operations under the authority for each period of 12 months after the date on which the authority was granted.

Penalty: 10 penalty units.

(2) A report under subregulation (1) must—

(a) be provided within 3 months after the end of the 12-month period to which the report relates, or within any extended period under subregulation (4); and

(b) be provided in electronic form; and

(i) an overview of the operations and a complete record of all geoscientific and other data obtained from the operations;

(ii) details of all technical investigations and surveys carried out in that period;

(iii) a complete record of all drill holes, including logs and maps showing the locations of the holes both at surface and subsurface level;

(iv) the names of all greenhouses gases or other liquids or gases injected during the period;

(v) details of any material tested and test results;

(vi) any interpretations formed as a result of surveys or activities undertaken;

(vii) details of how the maps and sections provided in the report relate to the Map Grid of Australia 2020 (MGA 2020) within the meaning of the Survey Co‑ordination Regulations 2014[3]; and

(d) contain a statement of expenditure during the period on operations carried out and specifying any expenditure on—

(i) drilling operations; and

(ii) seismic operations; and

(iii) technical evaluation and analysis; and

(iv) geological studies; and

(v) surveys; and

(vi) construction or modification of facilities; and

(vii) administration; and

(viii) any other expenses incurred in respect of the operation.

(3) A report under subregulation (1) must be dated and signed by the holder of the authority and each other person who prepared any part of the report.

(4) The Minister may, on a request from the holder or former holder of an authority, extend the period within which a report under this regulation must be submitted.

Part 5—Royalties and rent

26 Time and manner of payment of royalties

For the purposes of section 226(2) of the Act, the manner and time of payment of any royalty is as determined by the Minister by notice published in the Government Gazette.

27 Rent for occupancy of Crown land

For the purposes of section 227(3) of the Act, the amount of rent payable is the current market value for occupying the land, having regard to the use of the land permitted by the authority, as determined by a valuer nominated by the valuer-general within the meaning of the Valuation of Land Act 1960.

Part 6—Pecuniary interest statements

28 Definitions

In this Part—

domestic partner of a person means a person with whom the person is in a domestic relationship within the meaning of section 35 of the Relationships Act 2008;

family, in relation to an officer, means⎯

(a) a spouse or a domestic partner of the officer; and

(b) a relative of the officer who is under the age of 18 years and who normally resides with the officer;

interest register means the register of interests established under regulation 30;

officer means a natural person who is employed in the Department administering the Act;

reportable interest, in relation to an officer, means a pecuniary interest of the officer, or of a member of the officer's family, that may appear to raise a conflict with the officer's responsibilities as an officer but does not include any remuneration or allowance received by an officer under the Act or the Public Administration Act 2004.

29 Duty of disclosure of pecuniary interests

(1) For the purposes of section 293 of the Act, an officer must give a pecuniary interest statement of all reportable interests to the Minister within 30 days after becoming an officer.

(2) For the purposes of section 293 of the Act, an officer must give a pecuniary interest statement of any change in a reportable interest or any new reportable interest to the Minister within 30 days after becoming aware of the change or new interest.

(3) An officer must not perform or exercise any function or power under the Act in relation to a matter to which a reportable interest relates unless the Minister authorises the officer to do so.

Penalty: 10 penalty units.

30 Disclosure of interest register

The Minister must cause an interest register to be established and maintained containing the information included in pecuniary interest statements given to the Minister under regulation 29.

31 Inspection of register

The interest register must be—

(a) kept at a place nominated by the Minister; and

(b) open to inspection by any person at any time that the place is open for business.

Part 7—Fees

32 Application fees

(1) An application for an exploration permit must be accompanied by a fee of 400 fee units.

(2) An application for a retention lease must be accompanied by a fee of 400 fee units.

(3) An application for an injection and monitoring licence must be accompanied by a fee of 1000 fee units.

(4) An application for a special access authorisation must be accompanied by a fee of 40 fee units.

33 Late fee for renewal of exploration permit

For the purposes of section 32(3) of the Act, the late fee is 10 fee units for each week or part of a week after the due date for payment of the fee.

34 Fee for renewal of exploration permit

For the purposes of section 33(1)(b) of the Act, an application for the renewal of an exploration permit must be accompanied by a fee of 200 fee units.

35 Fee for renewal of retention lease

An application for the renewal of a retention lease must be accompanied by a fee of 200 fee units.

36 Late fee for retention lease

For the purposes of section 60(3) of the Act, the late fee is 10 fee units for each week or part of a week after the due date for payment of the fee.

37 Annual fees for exploration permit, retention lease or injection and monitoring licence

(1) The following annual fees are payable—

(a) for an exploration permit, 550 fee units;

(b) for a retention lease, 550 fee units;

(2) The annual fee payable in respect of the first year after the grant of an authority must be paid no later than 7 days after the authority is granted.

(3) The annual fee payable in respect of the second or any subsequent year after the grant of an authority must be paid before the anniversary of the grant of the authority.

38 Fees for transfer of an exploration permit, retention lease or injection and monitoring licence

The following fees are payable—

(a) for a transfer, or part transfer, of an exploration permit, 400 fee units;

(b) for a transfer of a retention lease, 400 fee units;

39 Fees for inspection of, or copy of document in, greenhouse gas sequestration register

For the purposes of section 286 of the Act, the following fees are payable—

(a) for inspection of the greenhouse gas sequestration register at the place at which the register is kept, 2 fee units;

(b) for inspection and searching of the greenhouse gas sequestration register website, nil;

(d) for information downloaded from the greenhouse gas sequestration register website, nil.

40 Fee for Minister's certificate

For the purposes of section 287(2) of the Act, the fee payable for a certificate is 5 fee units.

Part 8—General

41 Compensation agreement—application to VCAT

For the purposes of sections 48(2), 104(2) and 118(2) of the Act, the period of time after which a person may make an application to VCAT in respect of a claim is 30 days after the claim is first made.

42 Period before a disputed claim can go to VCAT or Supreme Court

For the purposes of section 206(2) of the Act, the period of time after which a person may make an application to VCAT in respect of a claim or refer a claim to the Supreme Court is 30 days after the claim is first made.

43 Minister may require information from petroleum operators

For the purposes of section 234(1) of the Act, the Minister may direct the holder of an authority issued under the Petroleum Act 1998 to give the Minister information about the following—

(a) the characteristics of the geological formation in the area to which the authority applies;

(b) any petroleum operations being carried out by the authority holder or that are proposed to be carried out by the authority holder in those geological formations;

(c) any infrastructure, whether above, on or below the surface of the ground, associated with those petroleum operations;

(d) any impact that the holder believes any greenhouse gas sequestration operation may have on petroleum operations in that area.

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Greenhouse Gas Geological Sequestration Regulations 2019, S.R. No. 119/2019 were made on 26 November 2019 by the Governor in Council under section 303 of the Greenhouse Gas Geological Sequestration Act 2008, No. 61/2008 and came into operation on 30 November 2019: regulation 3.

The Greenhouse Gas Geological Sequestration Regulations 2019 will sunset 10 years after the day of making on 26 November 2029 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

There are no amendments made to the Greenhouse Gas Geological Sequestration Regulations 2019 by statutory rules, subordinate instruments and Acts.

3 Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4 Explanatory details

Reg. 4(a): S.R. No. 149/2009 as amended by S.R. No. 96/2015. ↑
Reg. 4(b): S.R. No. 96/2015. ↑
Reg. 25(2)(c)(vii): S.R. No. 39/2014 as amended by S.R. Nos 44/2015 and 190/2018.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2019 is $14.81. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2019 is $165.22.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑

1 Greenhouse Gas Geological Sequestration Regulations 2019

Version No. 001

Greenhouse Gas Geological Sequestration Regulations 2019

S.R. No. 119/2019

Version as at
30 November 2019

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 1

3 Commencement 1

4 Revocations 1

5 Definition 2

Part 2—Authorities 3

6 Injection testing plan—monitoring and verification plan 3

7 Injection testing plan—risk management plan 5

8 Maximum time period for commencement of injection 5

9 Injection and monitoring plan—monitoring and verification plan 5

10 Injection and monitoring plan—risk management plan 7

11 Special access authorisation 8

12 Form of work program 8

13 Reporting of serious situations 8

14 Other matters to be included in the operation plan 10

15 Discovery of underground geological storage formation 11

16 Information, samples and records 11

Part 3—Environment management plan 13

17 Operation plan must include an environment management plan 13

18 Description of the environment 13

19 Description of environmental effects and risks 13

20 Environmental performance objectives and standards 14

21 Implementation strategy for the environment management plan 14

22 Other information in the environment management plan 16

Part 4—Specified information to be submitted to Minister 17

23 Holder to provide information about wells made under certain authorities 17

24 Holder of authority to provide information about seismic and other surveys 18

25 Annual report 18

Part 5—Royalties and rent 21

26 Time and manner of payment of royalties 21

27 Rent for occupancy of Crown land 21

Part 6—Pecuniary interest statements 22

28 Definitions 22

29 Duty of disclosure of pecuniary interests 22

30 Disclosure of interest register 23

31 Inspection of register 23

The Regulations operationalise several recurring regulatory concepts from the Act. They define what a compliant monitoring and verification plan looks like; what a compliant risk management plan must contain; what an environment management plan must include; and how reporting, data retention, and Ministerial interaction are to occur.

Monitoring and verification plan content: For both injection testing (exploration permit) and injection and monitoring licence holders the plan must cover the geological formation characteristics and containment-influencing conditions; a description of the existing environment (above, on and below surface); any resources subject to other resource authorities; the equipment to be used and its locations; monitoring techniques, duration and frequency; methods for differentiating injected substances from naturally occurring substances and between types of injected substances; and the procedures and frequency for verification of actual against expected behaviour and of effects on naturally occurring fluids or gases (regs 6(1)(a) to (g); 9(1)(a) to (g)). The Regulations also mandate monthly reporting of monitoring outcomes under the licence (regs 6(2); 9(2)).

Risk management plans: Both injection testing and full injection operations must include identification of potential risks to public health and the environment whether or not in emergency conditions, specify performance objectives and standards, and set out a risk management strategy (reg 7; reg 10). The content mirrors the monitoring plan content in structure but focuses on hazards, measurable objectives and the management strategy.

Environment management plan (EMP): The EMP is required as part of an operation plan unless the matters are already covered by injection plans (reg 17(1)-(2)). The EMP must describe the existing environment and its values and sensitivities (reg 18). It must identify and evaluate direct and indirect environmental effects and risks including those resulting from accidents or emergencies (reg 19). It must define environmental performance objectives and standards and measurement methods (reg 20). It must include an implementation strategy that sets out systems, roles, training, monitoring, audit and review and record-keeping of emissions and discharges other than injected materials (reg 21). It must also record corporate environmental policy, consultations and relevant Commonwealth and State legislation (reg 22).

Reporting and records: The Regulations require holders to supply information about wells (reg 23), seismic and other surveys (reg 24), and submit a detailed annual report within 3 months after the 12 month period, or an extended period if the Minister allows. The annual report must be electronic, signed and dated, and contain geoscientific data, drill hole records, list of injected substances, test results, expenditure breakdowns and mapping consistent with MGA 2020 (reg 25). Data types and samples required for compliance monitoring are specified (reg 16(1)-(2)), and records must be kept in readily accessible electronic format per accepted industry practices (reg 16(3)).

Fees, rent and royalties: Application fees, renewal fees, late fees, annual fees and transfer fees are fixed in fee units (regs 32-38). Royalties and the time and manner for payment are to be determined by the Minister by Gazette notice (reg 26). Rent for Crown land occupation is set at current market value as determined by a valuer nominated by the valuer-general (reg 27).

Administrative transparency and conflicts: Officers in the administering Department must lodge pecuniary interest statements within 30 days of appointment and on change, and must not act in matters where a reportable interest exists unless the Minister authorises it. The Minister must maintain a publicly inspectable interest register (regs 28-31).

Ministerial powers and process points: The Minister has several procedural discretions: to approve form of work program if not electronic (reg 12); to extend annual report deadlines (reg 25(4)); to determine royalties by Gazette notice (reg 26); to receive information from petroleum operators to inform overlapping geological and operational issues (reg 43); and to nominate a valuer-general nominated valuer for rent valuation (reg 27).

Timing and durations: Several fixed timeframes are prescribed: special access authorisations last 12 months (reg 11); the maximum period to commence injection after application for an injection and monitoring licence is 5 years (reg 8); preliminary serious situation reports must be telephoned within 2 hours and a written further report provided within 3 days (reg 13); annual reports are due within 3 months after the 12 month period (reg 25(2)(a)); first-year annual fees must be paid within 7 days of grant (reg 37(2)); subsequent annual fees before the anniversary of grant (reg 37(3)); VCAT and Supreme Court dispute windows are stated as 30 days after a claim is first made (regs 41-42).

Data formats and mapping standards: Work programs must be electronic or in a Minister-approved form (reg 12). Annual reports must state how maps and sections relate to Map Grid of Australia 2020 (MGA 2020) (reg 25(2)(c)(vii)). Information must be kept in readily accessible electronic format (reg 16(3)(a)).

Collectively these concepts create a compliance architecture of prescriptive technical content, regular reporting, electronic data retention, ministerial levers for financial terms and information exchange, and public transparency through registers and inspection rights.

The Regulations interact with a small set of identifiable classes of persons and entities:

Holders of exploration permits, retention leases and injection and monitoring licences granted under the Act. The bulk of the Regulations directly bind holders by prescribing plan content (injection testing plans, injection and monitoring plans), operation plan content (including environment management plans), reporting obligations (wells, surveys, annual reports) and fees (regs 6-25; 32-40).
Departmental officers who exercise functions under the Act. They must lodge pecuniary interest statements and are restricted from acting in matters to which they have reportable interests unless authorised by the Minister, with an enforceable penalty (regs 28-31).
The Minister. The Regulations explicitly vest the Minister with decision and administrative discretions: to determine royalty payment method and timing by Gazette notice (reg 26); to approve non-electronic work program forms (reg 12); to extend annual report deadlines (reg 25(4)); to require information from petroleum operators (reg 43); and to nominate a valuer (via the valuer-general) for rent valuation (reg 27). The Minister also receives and may request further information in serious situation reporting (reg 13(3)(f)).
Petroleum operators holding authorities under the Petroleum Act 1998. The Minister may direct such operators to provide specified geological and operational information relevant to greenhouse gas sequestration operations (reg 43). That creates an information supply obligation on petroleum authority holders when directed.
Resource authority holders or other rights-holders whose resources lie above, on or below the surface in areas where injection is proposed. The Regulations require identification of resources that a person is entitled to extract or use under a resource authority in monitoring and verification plans and other submissions (regs 6(1)(b)(ii); 9(1)(b)(ii); 23(1)(c)(ii)). While not directly imposing obligations on those third parties, the requirement to identify competing resource rights creates a mechanism for the Minister and holders to be aware of potential overlaps.
Consultants, contractors and technical advisors engaged by holders. The Regulations require that environment management plans specify roles, responsibilities, and training for employees and contractors, and require that reports be signed by each person who prepared any part of the report (reg 21(c)-(d); 25(3)). Consultants therefore will be implicated in compliance.
Land occupiers and adjacent third parties may be affected indirectly by reporting obligations and the requirement to identify environmental values and sensitivities (reg 18), and by serious situation reporting obligations that require disclosure of harm or potential harm (reg 13(3)(d)-(e)).

Who pays: The Regulations allocate financial obligations to holders and applicants. Application fees, renewal and transfer fees, annual fees, late fees and inspection fees are payable by applicants and holders (regs 32-40). Rent for Crown land occupation is payable by holders and is to be determined by market value via the valuer-general process (reg 27). Royalties are payable as determined by the Minister by Gazette notice (reg 26).

Who decides: The Minister is the key decision-maker for many administrative points including fee and royalty regimes, extensions, approvals of form, and information requests from petroleum operators. The valuer-general is involved in rent valuation. Department officers make operational decisions but must disclose interests and are subject to Ministerial authorisation if conflicted (regs 26-31; 43).

Who is exposed to enforcement and penalties: The Regulations specify at least two penalty provisions. Failure to submit the annual report as required attracts a penalty of 10 penalty units (reg 25(1) where the penalty is stated). A departmental officer performing a function to which a reportable interest relates without Ministerial authorisation attracts a penalty of 10 penalty units (reg 29(3)). Other enforcement mechanisms would arise under the Act itself; these Regulations define certain offences and procedural consequences.

The Regulations create a mix of affirmative duties for holders and officers, plus rights of the Minister and public inspection rights. Key duties include:

Monitoring and verification duties:

Prepare monitoring and verification plans that comply with the detailed content lists in reg 6(1) for injection testing and reg 9(1) for injection and monitoring licences. These duties include specifying monitoring techniques, equipment, locations, durations and frequency, and methods to differentiate injected from naturally occurring substances (regs 6(1)(c)-(f); 9(1)(c)-(e)).
Submit monthly reports on the outcome of all monitoring and verification activities under licences, as specified in reg 6(2) and reg 9(2), to satisfy statutory reporting under s 55(1) and s 111(1) of the Act.

Risk management duties:

Include in injection testing and injection and monitoring plans a risk management plan that sets out potential risks to public health and the environment, performance objectives and a risk management strategy (reg 7; reg 10).

Environment management duties:

Include an EMP in the operation plan (unless duplicated in injection plans) that addresses environmental description, risk identification, performance objectives and standards, implementation strategy, training and roles, monitoring, audit and maintenance of emissions/discharges records (regs 17-22).

Reporting and information duties:

Report well creation and details within 3 months of making a well unless another period is approved (reg 23(2)); decommission and report when a well ceases to be used (reg 23(3)).
Provide details of seismic and other surveys to the Minister within 3 months or within a period approved by the Minister (reg 24).
Submit a comprehensive annual report in electronic form with specified content within 3 months after the 12 month period, signed by the holder and those who prepared parts of the report (reg 25(1)-(3)). The Minister may grant an extension on request (reg 25(4)).
Provide information, samples and records requested by the Minister for monitoring compliance (reg 16(4)).

Data storage and samples duties:

Keep required information in a readily accessible electronic format consistent with accepted industry practices (reg 16(3)(a)).
Retain physical samples such as rock cores, cuttings, side wall cores, drilling muds, fluids, gases and other related substances according to accepted industry practice (reg 16(2) and (3)(b)).

Financial duties:

Pay prescribed application fees (reg 32), renewal fees (regs 34-35), annual fees (reg 37), transfer fees (reg 38), and inspection and certificate fees (regs 39-40).
Pay rent for Crown land occupation as determined by a valuer nominated by the valuer-general (reg 27).
Pay royalties as determined by the Minister by Gazette notice (reg 26).

Conflict disclosure duties:

Departmental officers must lodge pecuniary interest statements within 30 days of appointment and within 30 days of any change, and must not exercise functions concerning matters to which their reportable interest relates unless authorised by the Minister; there is a penalty of 10 penalty units for contravention (regs 28-29).

Operational duties:

Include review mechanisms in operation plans, including review whenever there is a significant change and at least once every 5 years, and submit reports on each review to the Minister (reg 14(a)-(c)).
Ensure that work programs are lodged in electronic form or in a Minister-approved form (reg 12).

Rights and entitlements:

The Minister may request information (reg 16(4)) and may direct petroleum operators to provide geological and operational information (reg 43). Holders thus have a right to be informed of the Minister’s directions but are obliged to supply information when directed.
Officers have a procedural right to have their pecuniary interests entered in a register maintained by the Minister which is open to public inspection at business hours (reg 30-31).
Holders have the right to request an extension for annual report lodgement under reg 25(4) and may seek Ministerial authorisation to act if an officer has a conflict (reg 29(3)).
Holders have a right to apply to VCAT or the Supreme Court after specified waiting periods for compensation claims or other disputes as prescribed in regs 41-42.

Procedural constraints on Ministerial action are implicit but not exhaustively specified here; the Regulations assign many procedural deadlines and content obligations but preserve Ministerial discretion on fees, royalties and some approvals.

The Regulations themselves attach specific penalty provisions and also set up administrative mechanisms that enable enforcement through statutory powers under the Act and Ministerial control. Two explicit penalty items are present in the Regulations:

Annual report obligation: reg 25(1) includes a penalty of 10 penalty units for failing to submit the required annual report of greenhouse gas sequestration operations for each 12 month period. The Regulations require the report to be electronic, contain specified technical, mapping and expenditure content, and be signed and dated by the holder and contributors (reg 25(2)-(3)). The applicable value of a penalty unit is set under the Sentencing Act 1991 and the endnotes state the monetary amount applicable for 2019-20 (endnotes).
Pecuniary interest conflict: reg 29(3) provides that an officer must not perform functions under the Act in relation to a matter to which a reportable interest relates unless the Minister authorises it, and prescribes a penalty of 10 penalty units for contravention.

Other enforcement mechanisms and compliance incentives derive from the regulatory architecture even if they are not described as monetary penalties in these Regulations. Examples include:

Ministerial powers to require information and to request samples and records (reg 16(4)) create an enforcement pathway: refusal or failure to provide such information may attract statutory consequences under the Act, which these Regulations support by specifying formats and content.
The Minister’s power to determine the manner and time of royalty payment by Gazette notice (reg 26) allows the Minister to prescribe payment processes and schedules; non-payment would be actionable under the Act and relevant regulations.
Rent valuation by a valuer nominated by the valuer-general (reg 27) enforces the economic obligation to pay market rent for Crown land occupation; non-payment enables remedies under the Act or Crown land regimes.
Reporting of serious situations has explicit short-form and further report timelines (reg 13). While reg 13 does not itself attach a penalty to failure to report, the requirements give the Minister notice to act and could feed into enforcement under the Act.
Operational approvals and renewals are tied to compliance with operation plans, environment management plans and monitoring; failure to maintain or submit these documents may ground regulatory action such as suspension, revocation or refusal of renewal under the Act. The Regulations prescribe required content and timing to create clear compliance benchmarks (regs 6-25).

Practical enforcement points and procedures:

The Minister may request additional information in a written further report about a serious situation (reg 13(3)(f)). The procedural requirement for a telephone preliminary report within 2 hours and a written report within 3 days creates a tight tempo for response to incidents (reg 13(1)-(3)).
The Minister may extend the reporting period for annual reports on request from a holder or former holder (reg 25(4)); such extensions are discretionary and not prescribed as automatic.
The Regulations designate fees for inspection and copying of register material and set the place and hours for inspection of the pecuniary interest register (reg 31), supporting public oversight mechanisms that can surface compliance issues.

Quantification of penalties: The Regulations reference penalty units rather than direct dollar amounts. The endnotes record the penalty unit value applicable to the 2019-20 financial year, being $165.22 per penalty unit, and note how the values of fee units and penalty units are fixed and published. Users should calculate monetary penalties by multiplying the prescribed penalty unit number by the applicable penalty unit value in the relevant financial year (endnotes, explanatory details).

Overall the Regulations combine prescriptive obligations with Ministerial discretion that enables administrative enforcement. The explicit penalties are modestly specified and limited to a couple of contraventions; other enforcement comes via the Act’s powers supported by the specificity of these Regulations.

The Regulations are made under s 303 of the Greenhouse Gas Geological Sequestration Act 2008 and therefore operate as subordinate legislation filling out statutory mandates in that Act (reg 2). They also reference and interact with a number of other statutes and statutory instruments.

Link to the Act:

Many of the Regulations explicitly implement sections of the Act. For example, reg 6 is “for the purposes of section 38(d) of the Act”; reg 7 is “for the purposes of section 38(e)”; reg 9 implements section 94(j); reg 10 implements section 94(k); reg 8 implements sections 73(2) and 75(2); reg 11 implements s 131; reg 12 implements s 148(d); regs 23 and 24 implement prescribed information requirements under the Act; reg 26 implements s 226(2); reg 27 implements s 227(3); regs 28-31 implement provisions in Pt 6 of the Act about pecuniary interests; reg 41 implements sections 48(2), 104(2) and 118(2); reg 42 implements s 206(2); and reg 43 implements s 234(1). The Regulations therefore function as the operational detail for statutory duties and procedures.

Mapping and survey standards:

reg 25(2)(c)(vii) requires annual reports to indicate how maps and sections relate to the Map Grid of Australia 2020 (MGA 2020) within the meaning of the Survey Co-ordination Regulations 2014. That cross-reference mandates consistency with existing survey grid standards.

Monetary measures:

Fees and penalties are expressed in fee units and penalty units. The endnotes explain that fee units have meaning under the Monetary Units Act 2004 and penalty units under s 110 of the Sentencing Act 1991. The endnotes state fee and penalty unit monetary values for the 2019-20 year and describe the process for their annual determination and Gazette publication.

Valuation and land law:

reg 27 requires rent for Crown land to be the current market value as determined by a valuer nominated by the valuer-general within the meaning of the Valuation of Land Act 1960. This ties rent valuation to the existing Valuation of Land Act machinery and the valuer-general’s nomination role.

Petroleum Act interlink:

reg 43 allows the Minister to direct holders of petroleum authorities under the Petroleum Act 1998 to provide information about geological formations, petroleum operations and infrastructure, and the potential impacts of greenhouse gas sequestration operations on petroleum operations. This provision creates an inter-act statutory information-sharing channel between greenhouse gas sequestration regulation and petroleum regulation.

Administrative law and review:

The Regulations permit applications to VCAT or referral to the Supreme Court after specified waiting periods (regs 41 and 42), which interacts with other dispute resolution and judicial review processes under Victorian administrative law.

Industry practice standards:

reg 16(3) requires that electronic data and samples be kept in accordance with accepted industry practices. The Regulations therefore defer to prevailing industry technical standards for formats, retention, and handling, which may in turn be shaped by other instruments or standards bodies.

Subordinate legislation architecture:

The Regulations revoke prior subordinate instruments (reg 4), meaning the 2019 Regulations replaced earlier rules and the endnotes provide the procedural and sunset information required under the Subordinate Legislation Act 1994.

Public records and transparency:

The interest register requirement (regs 30-31) creates a statutory public record consistent with transparency obligations elsewhere in Victorian administrative law regimes.

In practice, holders and advisers must coordinate compliance not only with the Act and these Regulations but also with the Survey Co-ordination Regulations 2014, the Monetary Units Act 2004, the Valuation of Land Act 1960, the Sentencing Act 1991, the Petroleum Act 1998 when directed, and any other Commonwealth or State environmental statutes listed in a holder’s environment management plan (reg 22(c)). The Regulations therefore sit within a web of statutory cross-references that allocate technical standards, valuation mechanisms and dispute resolution pathways.

The Regulations expressly revoke the Greenhouse Gas Geological Sequestration Regulations 2009 and the 2015 Amendment Regulations (reg 4(a)-(b)). The endnotes and the table of amendments in the printed instrument provide the following points about amendment history and current status:

The instrument as published is Version No. 001 and is the Greenhouse Gas Geological Sequestration Regulations 2019, S.R. No. 119/2019, made on 26 November 2019 under s 303 of the Act and commenced on 30 November 2019 (reg 3; Endnotes).
Reg 4 revokes S.R. No. 149/2009 and S.R. No. 96/2015. The explanatory notes at the end confirm those references (explanatory details under Endnotes).
The Table of Amendments in the endnotes records that no amendments have been made to these Regulations by statutory rules, subordinate instruments and Acts as at the version date (endnotes, Table of Amendments). The “Amendments Not in Operation” section similarly records none as at publication.
The endnotes record that these Regulations will sunset 10 years after the day of making on 26 November 2029 pursuant to s 5 of the Subordinate Legislation Act 1994. The sunset is therefore embedded into the subordinate legislation lifecycle unless renewed or replaced.
Fee and penalty unit calculations are governed by other instruments. The endnotes record the value of a fee unit for the financial year commencing 1 July 2019 as $14.81 and the penalty unit for 2019-20 as $165.22, with the adjustment mechanism under the Monetary Units Act 2004 and the Sentencing Act 1991 explained in the explanatory details. The endnotes also record how these values are to be published annually.

There is no record in the text provided of subsequent amending statutory rules or of any saved transitional arrangements beyond the revocation of the earlier subordinate instruments. The printed instrument’s endnotes provide standard interpretive material regarding style changes under the Interpretation of Legislation Act 1984 and explain that the explanatory material printed after the Endnotes does not form part of the Statutory Rule.

For practitioners this means that, as of the printed version dated 30 November 2019, the 2019 Regulations are the operative subordinate law, the 2009 Regulations and their 2015 amendment are revoked, and a sunset date exists that requires attention from regulators and stakeholders if continuation or replacement will be sought prior to 26 November 2029.

The text provided contains no judicial decisions, no named cases and no reported litigation history that interprets these Regulations. The Regulations themselves reference application opportunities to VCAT and the Supreme Court for compensation and disputed claims (regs 41-42) and they operate within the reviewable administrative acts framework set out in the Act and Victorian administrative law.

Given the absence of case names or judicial interpretive material in the instrument and its endnotes, there is no litigation history to report from the source. Any litigation that has arisen since the version date would need to be identified by searching case law databases and VCAT records. The instrument does specify the procedural windows for bringing applications to VCAT or the Supreme Court in compensation or disputed claims: 30 days after the claim is first made (regs 41-42). Those procedural timelines are a potential focus for claims practice and for any litigation challenging administrative decisions made under or in accordance with the Act and these Regulations.

The Regulations do not provide a dispute resolution regime beyond these statutory application timeframes and the underlying Act’s provisions. Practitioners should therefore look to the Act and subsequent case law for interpretation of the substantive provisions and enforcement actions. The Regulations’ specificity in technical content and timing means litigation, where it occurs, will likely engage statutory construction of the Act and the sufficiency of prescribed plan content, adequacy of Ministerial directions, and compliance with reporting obligations.

The Regulations contain several features likely to cause compliance slips or operational surprises if not actively managed. These are practical traps grounded in the precise drafting.

Monthly monitoring report frequency: Both monitoring and verification plans for injection testing and injection and monitoring licences must specify that reports under the Act on the outcome of all monitoring and verification activities are to be provided every month (reg 6(2); reg 9(2)). Monthly reporting creates a continuous compliance tempo and data-management burden that differs from annual reporting. Holders must ensure monitoring systems and personnel can deliver month-end consolidated reporting in the format required by the Minister under the Act.

Tight incident reporting deadlines: Serious situation reporting requires a telephone preliminary report to the Department within 2 hours of the holder or any associated person first becoming aware of the occurrence or potential occurrence, and a further written report within 3 days (reg 13(1)-(3)). The telephone preliminary report must include specific contact and location details and sufficient particulars to identify the situation (reg 13(2)). Failure to meet these short time frames risks regulatory escalation and is operationally demanding, particularly outside business hours or in remote operations.

Annual report penalties and content detail: The annual report must be supplied within 3 months after the 12 month period, be electronic, contain detailed geoscientific and technical data, drill hole records, logs and maps aligned with the MGA 2020 standard, a list of all greenhouse gases or other liquids or gases injected, test results, interpretations, and a detailed statement of expenditure broken down by prescribed categories (reg 25(2)(a)-(d)). A penalty of 10 penalty units attaches to the requirement to submit the report (reg 25(1)). The combination of extensive content and a non-trivial penalty means annual report preparation must be resourced and internally audited.

First-year annual fee timing: The annual fee for the first year must be paid no later than 7 days after grant of the authority (reg 37(2)). Administratively this is a short window; failure to pay may have consequences under the Act and ancillary fees may apply. Subsequent years require payment before the anniversary of grant (reg 37(3)).

Data format and mapping standard obligations: Work programs must be electronic or in a Minister-approved form (reg 12) and annual report maps must conform to the MGA 2020 map grid standard (reg 25(2)(c)(vii)). Failure to use the correct coordinate system will create technical non-compliance and may require costly conversions; the holder bears the burden of ensuring mapping conforms to the specified standard.

Retention and accessibility of samples and data: Information must be kept in a readily accessible electronic format in accordance with accepted industry practices, and physical samples must be retained in accordance with accepted industry practices (reg 16(3)). The lack of precise retention periods means accepted industry practice will determine retention schedules. Holders should document the industry standard used and ensure continuity if third-party contractors hold data or samples.

Officer conflict of interest trap: Departmental officers must lodge pecuniary interest statements within 30 days and inform the Minister within 30 days of any change (reg 29(1)-(2)), and cannot act on matters in which they have a reportable interest unless authorised by the Minister, with a penalty of 10 penalty units for contravention (reg 29(3)). Operationally there is potential for inadvertent contravention when staff movements occur and clear delegation and clearance processes are not in place.

Royalties and rent left to Ministerial processes: The time and manner of royalty payment are left to Ministerial notice in the Government Gazette (reg 26), and rent is to be determined by a valuer nominated under the Valuation of Land Act 1960 (reg 27). The absence of predetermined methods or rates means holders cannot forecast royalties or rent precisely and must monitor Gazette notices and valuation processes.

Overlap with petroleum operations and information direction: The Minister can direct petroleum authority holders to provide information on geological characteristics, operations and infrastructure and potential impacts of sequestration operations on petroleum operations (reg 43). Holders should be aware that overlapping authorities can trigger data-sharing obligations and potentially operational constraints.

Special access authorisation duration: A special access authorisation lasts only 12 months after grant (reg 11). Users who assume longer durations may be surprised by the need to renew or seek other authorisations.

Work program form approval: While a work program may be provided in a non-electronic form if approved by the Minister (reg 12), there is no automatic approval; holders must secure Ministerial approval or submit electronically. Delays in approval can affect grant timetables.

Fees and unit value variability: Fees are prescribed in fee units (regs 32-38) and the monetary value of fee units and penalty units changes annually under separate Acts and Gazette publications. Holders must track the current fee and penalty unit values to compute actual dollar liabilities correctly (endnotes, explanatory details).

In short, the Regulations create a regime with precise technical, temporal and administrative requirements. The main operational vulnerabilities are short reporting windows, frequent reporting tempo, detailed data and mapping standards, and Ministerial discretion on significant financial items that generate forecasting uncertainty.

This section provides a stepwise, source-grounded compliance checklist directly mapped to the Regulations. It is a practical operational sequence for holders, officers and advisers to convert the Regulations into an actionable compliance programme.

Plan documentation and templates
- Prepare monitoring and verification plan templates for injection testing (exploration permits) and for injection and monitoring licences aligned with reg 6(1) and reg 9(1). Ensure each plan addresses:
  - geological formation characteristics and containment influences (reg 6(1)(a); 9(1)(a));
  - description of the existing environment and any resources subject to resource authorities (reg 6(1)(b); 9(1)(b));
  - equipment lists and location mapping (reg 6(1)(c); 9(1)(c));
  - monitoring techniques, duration and frequency for each technique (reg 6(1)(d); 9(1)(d));
  - methodologies for differentiating injected from naturally occurring substances and between types of injected substances (reg 6(1)(e); 9(1)(e));
  - verification procedures for comparing actual vs expected behaviour and frequency of such verification (reg 6(1)(f)-(g); 9(1)(f)-(g)).
- Draft risk management plan templates consistent with reg 7 and reg 10, including risk identification, performance objectives and a strategy for management.
Environment management plan (EMP)
- Incorporate an EMP into the operation plan per reg 17 unless the matters are fully covered in injection plans. The EMP must:
  - describe the existing environment and values and sensitivities (reg 18);
  - identify and evaluate direct and indirect environmental effects and risks, including accidents or emergencies (reg 19);
  - define environmental performance objectives and standards and measurement methods (reg 20);
  - set out an implementation strategy that documents systems, practices, roles, responsibilities, training arrangements, monitoring, audit and review processes and quantitative records of emissions and discharges other than injected materials (reg 21); and
  - include corporate environmental policy statements, consultation reports, and a list of all relevant Commonwealth and State environmental legislation (reg 22).
Data and sample management
- Establish data systems that store required geoscientific, engineering and safety, injection and monitoring data in a readily accessible electronic format per accepted industry practices (reg 16(1) and 16(3)(a)).
- Implement sample retention procedures for rock cores, cuttings, side wall cores, drilling muds, fluids, gases and related substances consistent with accepted industry practices (reg 16(2)-(3)(b)).
- Maintain chain of custody, metadata and mapping coordinate system documentation that aligns maps and sections with MGA 2020 where required (reg 25(2)(c)(vii)).
Reporting cadence and incident protocols
- Create a calendar and SOP that ensures monthly monitoring and verification reports are produced and provided in compliance with reg 6(2) and reg 9(2) and their statutory foundations in s 55(1) and s 111(1) of the Act.
- Implement a 24/7 incident notification protocol to meet serious situation reporting timelines: preliminary telephone notification within 2 hours and a written follow-up within 3 days, including the mandatory content fields specified in reg 13(2)-(3).
- Prepare annual report templates that cover all technical data, drill hole records, lists of injected substances, test results, expenditure breakdowns and mapping in MGA 2020 coordinates, and ensure reports are electronic and signed/dated as required (reg 25(2)-(3)).
Financial compliance
- Budget for application fees, renewal fees, transfer fees, and annual fees in fee units as prescribed in regs 32-38. Convert fee units to dollar amounts using the current fee unit value published under the Monetary Units Act 2004.
- Pay the first-year annual fee within 7 days after grant (reg 37(2)) and subsequent annual fees before the grant anniversary (reg 37(3)).
- Monitor Government Gazette notices for any Ministerial determination on royalties and the timing and manner of their payment (reg 26).
- For rent on Crown land, expect valuation by a valuer nominated by the valuer-general under reg 27 and make arrangements to meet market-value rent obligations.
Governance and conflicts
- For Departmental officers, ensure pecuniary interest statements are lodged within 30 days of appointment and that any changes are notified within 30 days (reg 29(1)-(2)). Do not perform functions on matters related to reportable interests without Ministerial authorisation (reg 29(3)).
- Maintain and publish an interest register as required; ensure the register is accessible at the nominated place during business hours (regs 30-31).
Operational controls and reviews
- Include in operation plans the review requirements: review risks whenever significant change occurs, conduct a review at least once every 5 years, and submit a written report of findings to the Minister each time (reg 14(a)-(c)).
- For drilling operations, include a safety and environmental risk assessment for wells and describe risk management measures (reg 14(d)).
Cross-authority coordination
- If operations overlap petroleum authority areas, be prepared for Ministerial directions requiring petroleum operators to supply geological and operational data and for dialogue about infrastructures and potential impacts (reg 43).
- Identify any resources subject to other resource authorities and document them in monitoring plans and well/site notifications (reg 6(1)(b)(ii); reg 9(1)(b)(ii); reg 23(1)(c)(ii)).
Administrative filings and approvals
- Submit well information within 3 months of making the well or within a period approved by the Minister (reg 23(2)) and produce decommissioning reports when wells cease to be used (reg 23(3)).
- Provide seismic and other survey information within 3 months of conducting the survey or within an approved period (reg 24(2)).
- Lodge work programs electronically or secure Ministerial approval for a non-electronic form (reg 12).
Recordkeeping and public access

Ensure inspection copies and extractable data are prepared consistent with reg 39 and that the greenhouse gas sequestration register is maintained; be prepared to pay the prescribed fees for copies or inspection in certain formats (reg 39).
Retain evidence of consultations with relevant authorities, interested parties and organisations to support the EMP’s consultation report requirement (reg 22(b)).

Legal and audit processes

Document internal audit trails, version control, and sign-off by responsible persons to satisfy reg 25(3) which requires the annual report to be signed by the holder and each person who prepared any part of the report.
Prepare for dispute pathways after statutory waiting periods: applications to VCAT for compensation or other claims may be made 30 days after the claim is first made (regs 41-42). Ensure internal records capture claim dates and notice dates.

By mapping internal policies and operational systems to the numbered Regulations cited above, a holder will translate the prescriptive content requirements into durable compliance controls. The essential themes are: (1) robust and frequent monitoring with monthly reporting; (2) detailed, documented EMPs and risk management; (3) electronic data management aligned with industry standards and mapping coordinates; (4) fast incident reporting; and (5) rigorous governance around financial payments and conflicts of interest.

Practitioners should maintain watch on Ministerial notices (royalty determinations, fee unit/penalty unit values) and on the valuer-general’s processes for land rent valuation. Where the Regulations defer to “accepted industry practices” or the Minister’s approval, enterprises should document the standard applied and, where required, seek written Ministerial approvals or confirmations to reduce future compliance disputes.

Greenhouse Gas Geological Sequestration Regulations 2019

Plain English Summary

Deep Dive

What it does

Current sections

Greenhouse Gas Geological Sequestration Regulations 2019

Source text: opening excerpt

1 Greenhouse Gas Geological Sequestration Regulations 2019

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply