28ASignificant risk of a significant adverse impact—grant of greenhouse gas injection licence (cross‑boundary)

#### 28A Significant risk of a significant adverse impact—grant of greenhouse gas injection licence (cross‑boundary) (1) For the purposes of section 368B and paragraph 749(2)(ca), the question of whether there is a significant risk that any of the operations that could be carried on under a greenhouse gas injection licence will have a significant adverse impact on operations that are being, or could be, carried on under: (a) an existing petroleum exploration permit; or (b) an existing petroleum retention lease; or (c) an existing petroleum production licence; or (d) a future petroleum exploration permit; or (e) a future petroleum retention lease; or (f) a future petroleum production licence; or (g) an existing State/Territory petroleum exploration title; or (h) an existing State/Territory petroleum retention title; or (i) an existing State/Territory petroleum production title; or (j) a future State/Territory petroleum exploration title; or (k) a future State/Territory petroleum retention title; or (l) a future State/Territory petroleum production title; is to be determined in a manner ascertained in accordance with the regulations. (2) A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account: (a) the probability, or range of probabilities, of the occurrence of the adverse impact; and (b) the economic consequences of the adverse impact; and (c) the economic consequences of the adverse impact relative to the potential economic value of the operations that are being, or could be, carried on under the permit, lease, licence or title referred to in whichever of paragraph (1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) or (l) is applicable. (3) Subsection (2) does not limit the matters that may be taken into account. (4) Subsections (1) and (2) have effect subject to subsections (5) and (6). (5) For the purposes of section 368B and paragraph 749(2)(ca), an operation that could be carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on operations (the relevant petroleum operations) that are being, or could be, carried on under: (a) an existing petroleum exploration permit; or (b) an existing petroleum retention lease; or (c) an existing petroleum production licence; or (d) a future petroleum exploration permit; or (e) a future petroleum retention lease; or (f) a future petroleum production licence; or (g) an existing State/Territory petroleum exploration title; or (h) an existing State/Territory petroleum retention title; or (i) an existing State/Territory petroleum production title; or (j) a future State/Territory petroleum exploration title; or (k) a future State/Territory petroleum retention title; or (l) a future State/Territory petroleum production title; if, and only if, the injection licence operation will result in: (m) an increase in the capital costs (other than prescribed costs) of the relevant petroleum operations; or (n) an increase in the operating costs (other than prescribed costs) of the relevant petroleum operations; or (o) a reduction in the rate of recovery of the petroleum; or (p) a reduction in the quantity of the petroleum that will be able to be recovered. (6) For the purposes of section 368B and paragraph 749(2)(ca), if there is a risk that an operation that could be carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on operations that are being, or could be, carried on under: (a) an existing petroleum exploration permit; or (b) an existing petroleum retention lease; or (c) an existing petroleum production licence; or (d) a future petroleum exploration permit; or (e) a future petroleum retention lease; or (f) a future petroleum production licence; or (g) an existing State/Territory petroleum exploration title; or (h) an existing State/Territory petroleum retention title; or (i) an existing State/Territory petroleum production title; or (j) a future State/Territory petroleum exploration title; or (k) a future State/Territory petroleum retention title; or (l) a future State/Territory petroleum production title; then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability‑weighted impact cost of the injection licence operation is less than the amount that, under the regulations, is taken to be the threshold amount.