224Refusal to grant greenhouse gas‑related pipeline licence

#### 224 Refusal to grant greenhouse gas‑related pipeline licence Scope (1) This section applies if an application for a pipeline licence has been made under section 217. Application by licensee of petroleum production licence (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 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 not satisfied that there are sufficient grounds to warrant the granting of a pipeline licence; the Joint Authority must, by written notice given to the applicant, refuse to grant the pipeline licence. > Note: Consultation procedures apply—see section 262. (2A) 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) the Joint Authority is not satisfied of the matters (if any) prescribed by the regulations; the Joint Authority may, by written notice given to the applicant, refuse to grant the pipeline licence. > Note: Consultation procedures apply—see section 262. Application by a person who is not a 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 not the petroleum production licensee; the Joint Authority may, by written notice given to the applicant, refuse to grant the pipeline licence. Application by licensee of greenhouse gas injection 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 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 not satisfied that there are sufficient grounds to warrant the granting of a pipeline licence; the Joint Authority must, by written notice given to the applicant, refuse to grant the pipeline licence. > Note: Consultation procedures apply—see section 262. (4A) 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) the Joint Authority is not satisfied of the matters (if any) prescribed by the regulations; the Joint Authority may, by written notice given to the applicant, refuse to grant the pipeline licence. > Note: Consultation procedures apply—see section 262. Application by a person who is not a 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 licence 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; the Joint Authority may, by written notice given to the applicant, refuse to grant the pipeline licence. (6) Without limiting subsection (5), in deciding whether to refuse to grant the pipeline licence, the Joint Authority must have regard to the matters (if any) prescribed by the regulations. Refusal on other grounds (7) The Joint Authority must, by written notice given to the applicant, refuse to grant the pipeline licence if the Joint Authority is not satisfied that the technical advice and financial resources available to the applicant are sufficient to: (a) carry out the operations and works that will be authorised by the licence; and (b) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence. > Note: Consultation procedures apply—see section 262.