21Eligible greenhouse gas storage formation

#### 21 Eligible greenhouse gas storage formation (1) For the purposes of this Act, an eligible greenhouse gas storage formation is a part of a geological formation, where that part: (a) is suitable, without engineering enhancements, for the permanent storage of a particular amount of a particular greenhouse gas substance injected at a particular point or points into that part over a particular period; or (b) is suitable, with engineering enhancements, for the permanent storage of a particular amount of a particular greenhouse gas substance injected at a particular point or points into that part over a particular period. (2) An amount referred to in paragraph (1)(a) or (b) must be at least 100,000 tonnes. Spatial extent (3) For the purposes of this Act, the spatial extent of an eligible greenhouse gas storage formation is the expected migration pathway or pathways of the particular amount of the particular greenhouse gas substance referred to in paragraph (1)(a) or (b), whichever is applicable. (4) In determining the spatial extent of an eligible greenhouse gas storage formation, regard must be had to: (a) the fundamental suitability determinants; and (b) such other matters as are relevant. (5) The regulations may provide that the expected migration pathway or pathways are to be ascertained on the basis of: (a) one or more assumptions (if any) specified in the regulations; and (b) a level of probability specified in the regulations; and (c) a methodology (if any) specified in the regulations. Fundamental suitability determinants (8) For the purposes of this Act, the following are the fundamental suitability determinants of an eligible greenhouse gas storage formation: (a) the particular amount referred to in whichever of paragraph (1)(a) or (b) is applicable; (b) the particular greenhouse gas substance referred to in whichever of paragraph (1)(a) or (b) is applicable; (c) the particular point or points referred to in whichever of paragraph (1)(a) or (b) is applicable; (d) the particular period referred to in whichever of paragraph (1)(a) or (b) is applicable; (e) if paragraph (1)(b) is applicable—the engineering enhancements referred to in that paragraph; (f) the effective sealing feature, attribute or mechanism that enables the permanent storage referred to in whichever of paragraph (1)(a) or (b) is applicable.