222Grant of greenhouse gas‑related pipeline licence—offer document

#### 222 Grant of greenhouse gas‑related pipeline licence—offer document Scope (1) This section applies if an application for a pipeline licence has been made under section 217. Offer document—grant of pipeline licence to a person other than petroleum production licensee (2) If: (a) the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for: (i) the conveyance of a greenhouse gas substance within a petroleum production licence area in that offshore area; or (ii) the conveyance of a greenhouse gas substance from a place outside a petroleum production licence area to a place in the petroleum production licence area; and (b) either: (i) if subparagraph (a)(i) applies—the greenhouse gas substance is a by‑product of petroleum recovery operations carried on under the petroleum production licence; or (ii) if subparagraph (a)(ii) applies—the greenhouse gas substance is to be injected into the seabed or subsoil for the purpose of enhancing petroleum recovery operations carried on under the petroleum production licence; and (c) the applicant is not the petroleum production licensee; and (d) the application has not been rejected under subsection 219(2); the Joint Authority may give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence. (2A) In deciding whether to give the applicant an offer document under subsection (2), the Joint Authority: (a) must have regard to the matters specified in subsection (2B); and (b) may have regard to any other matters the Joint Authority considers relevant. (2B) The matters are as follows: (a) whether the technical advice and financial resources available to the applicant are sufficient to: (i) carry out the operations and works that will be authorised by the licence; and (ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; (b) the matters specified in section 695YB as they apply to the applicant; (c) if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate; (d) any other matters prescribed by the regulations. Offer document—grant of pipeline licence to petroleum production licensee (3) If: (a) the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for: (i) the conveyance of a greenhouse gas substance within a petroleum production licence area in that offshore area; or (ii) the conveyance of a greenhouse gas substance from a place outside a petroleum production licence area to a place in the petroleum production licence area; and (b) either: (i) if subparagraph (a)(i) applies—the greenhouse gas substance is a by‑product of petroleum recovery operations carried on under the petroleum production licence; or (ii) if subparagraph (a)(ii) applies—the greenhouse gas substance is to be injected into the seabed or subsoil for the purpose of enhancing petroleum recovery operations carried on under the petroleum production licence; and (c) the applicant is the petroleum production licensee; and (d) each of the following has been complied with: (i) the conditions to which the petroleum production licence is, or has from time to time been, subject; (ii) the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1; (iii) the regulations; and (e) the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to: (i) carry out the operations and works that will be authorised by the licence; and (ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and (f) the Joint Authority is satisfied of the matters (if any) prescribed by the regulations; the Joint Authority must give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence. (4) If: (a) the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for: (i) the conveyance of a greenhouse gas substance within a petroleum production licence area in that offshore area; or (ii) the conveyance of a greenhouse gas substance from a place outside a petroleum production licence area to a place in the petroleum production licence area; and (b) either: (i) if subparagraph (a)(i) applies—the greenhouse gas substance is a by‑product of petroleum recovery operations carried on under the petroleum production licence; or (ii) if subparagraph (a)(ii) applies—the greenhouse gas substance is to be injected into the seabed or subsoil for the purpose of enhancing petroleum recovery operations carried on under the petroleum production licence; and (c) the applicant is the petroleum production licensee; and (d) any of: (i) the conditions to which the petroleum production licence is, or has from time to time been, subject; or (ii) the provisions of this Chapter, Chapter 4, Chapter 5A, Chapter 6 and Part 7.1; or (iii) the provisions of the regulations; have not been complied with; and (e) the Joint Authority is satisfied that there are sufficient grounds to warrant the granting of the pipeline licence; the Joint Authority may give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence. (4A) Without limiting paragraph (4)(e), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the licence, the Joint Authority must have regard to: (a) whether the technical advice and financial resources available to the applicant are sufficient to: (i) carry out the operations and works that will be authorised by the licence; and (ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and (b) any other matters prescribed by the regulations. Offer document—grant of pipeline licence to a person other than greenhouse gas injection licensee (5) If: (a) the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for: (i) the conveyance of a greenhouse gas substance within a greenhouse gas injection licence area in that offshore area; or (ii) the conveyance of a greenhouse gas substance from a place outside a greenhouse gas injection area to a place in the greenhouse gas injection licence area; and (b) the greenhouse gas substance is to be injected into an identified greenhouse gas storage formation that is wholly situated in the greenhouse gas injection licence area; and (c) the applicant is not the greenhouse gas injection licensee; and (d) the application has not been rejected under subsection 220(2); the Joint Authority may give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence. (5A) In deciding whether to give the applicant an offer document under subsection (5), the Joint Authority: (a) must have regard to the matters specified in subsection (5B); and (b) may have regard to any other matters the Joint Authority considers relevant. (5B) The matters are as follows: (a) whether the technical advice and financial resources available to the applicant are sufficient to: (i) carry out the operations and works that will be authorised by the licence; and (ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; (b) the matters specified in section 695YB as they apply to the applicant; (c) if the applicant is a body corporate—the matters specified in section 695YB as they apply to an officer of the body corporate; (d) any other matters prescribed by the regulations. Offer document—grant of pipeline licence to greenhouse gas injection licensee (6) If: (a) the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for: (i) the conveyance of a greenhouse gas substance within a greenhouse gas injection licence area in that offshore area; or (ii) the conveyance of a greenhouse gas substance from a place outside a greenhouse gas injection area to a place in the greenhouse gas injection licence area; and (b) the greenhouse gas substance is to be injected into an identified greenhouse gas storage formation that is wholly situated in the greenhouse gas injection licence area; and (c) the applicant is the greenhouse gas injection licensee; and (d) each of the following has been complied with: (i) the conditions to which the greenhouse gas injection licence is, or has from time to time been, subject; (ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; (iii) the regulations; and (e) the Joint Authority is satisfied that the technical advice and financial resources available to the applicant are sufficient to: (i) carry out the operations and works that will be authorised by the licence; and (ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and (f) the Joint Authority is satisfied of the matters (if any) prescribed by the regulations; the Joint Authority must give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence. (7) If: (a) the application is for a pipeline licence in relation to the construction, in an offshore area, of a greenhouse gas pipeline for: (i) the conveyance of a greenhouse gas substance within a greenhouse gas injection licence area in that offshore area; or (ii) the conveyance of a greenhouse gas substance from a place outside a greenhouse gas injection area to a place in the greenhouse gas injection licence area; and (b) the greenhouse gas substance is to be injected into an identified greenhouse gas storage formation that is wholly situated in the greenhouse gas injection licence area; and (c) the applicant is the greenhouse gas injection licensee; and (d) any of: (i) the conditions to which the greenhouse gas injection licence is, or has from time to time been, subject; or (ii) the provisions of this Chapter, Chapter 5, Chapter 5A, Chapter 6 and Part 8.1; or (iii) the provisions of the regulations; have not been complied with; and (e) the Joint Authority is satisfied that there are sufficient grounds to warrant the granting of the pipeline licence; the Joint Authority may give the applicant a written notice (called an offer document) telling the applicant that the Joint Authority is prepared to grant the applicant the pipeline licence. (7A) Without limiting paragraph (7)(e), in deciding whether to be satisfied that there are sufficient grounds to warrant the granting of the licence, the Joint Authority must have regard to: (a) whether the technical advice and financial resources available to the applicant are sufficient to: (i) carry out the operations and works that will be authorised by the licence; and (ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and (b) any other matters prescribed by the regulations. Route to be followed by pipeline (8) An offer document under this section must specify the route to be followed by the greenhouse gas pipeline. > Note 1: Section 259 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions). > Note 2: If the applicant breaches a requirement under section 258 to provide further information, the Joint Authority may refuse to give the applicant an offer document—see subsection 258(3).