sec.386Restriction on GHG storage activities

sec.386 Restriction on GHG storage activities

A person must not carry out a GHG storage activity in relation to land unless— the activity is carried out under a GHG authority or a serious situation direction; or the carrying out of the activity is necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or the activity is the construction or operation of a GHG stream pipeline carried out under a pipeline licence; or the person— is carrying out the activity for the State; and has, under section 420 , been authorised for that purpose; and is acting within the scope of that authority. Maximum penalty—2000 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may commit an offence against section 393 . If the activity is injecting a GHG stream into an underground reservoir, it is a defence to a proceeding for an offence against subsection (1) for the defendant to prove that the injection— was for the purpose of enhanced petroleum recovery and was authorised under the 1923 Act or the P&G Act ; and was for the purpose of production testing or geothermal production under the Geothermal Act and was authorised under that Act. s 386 amd 2010 No. 31 s 515 ; 2013 No. 51 s 229 sch 1 (sec.386-ssec.1) A person must not carry out a GHG storage activity in relation to land unless— the activity is carried out under a GHG authority or a serious situation direction; or the carrying out of the activity is necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or the activity is the construction or operation of a GHG stream pipeline carried out under a pipeline licence; or the person— is carrying out the activity for the State; and has, under section 420 , been authorised for that purpose; and is acting within the scope of that authority. Maximum penalty—2000 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may commit an offence against section 393 . (sec.386-ssec.2) If the activity is injecting a GHG stream into an underground reservoir, it is a defence to a proceeding for an offence against subsection (1) for the defendant to prove that the injection— was for the purpose of enhanced petroleum recovery and was authorised under the 1923 Act or the P&G Act ; and was for the purpose of production testing or geothermal production under the Geothermal Act and was authorised under that Act.

• (a) the activity is carried out under a GHG authority or a serious situation direction; or
• (b) the carrying out of the activity is necessary to preserve life or property because of a dangerous situation or emergency that exists or may exist; or
• (c) the activity is the construction or operation of a GHG stream pipeline carried out under a pipeline licence; or