Section 319 - Offshore Petroleum and Greenhouse Gas Storage Act 2010 - Variation of declaration of identified greenhouse gas storage formation

319 Variation of declaration of identified greenhouse gas storage formation

(1) This section applies if a declaration is in force under section 318 in relation to a part of a geological formation.

(2) The Minister may, by writing, vary the declaration.

(3) A variation of the declaration may be made—

(a) if the part is wholly situated in—

(i) the permit area of a greenhouse gas assessment permit; or

(ii) the lease area of a greenhouse gas holding lease; or

(iii) the licence area of a greenhouse gas injection licence; or

(iv) the licence area of a petroleum production licence; or

(v) the lease area of a petroleum retention lease—

on the application of the registered holder of the permit, lease or licence; or

(4) An application for a variation of the declaration must—

(a) set out the proposed variation; and

(5) In deciding whether to vary the declaration, the Minister must have regard to—

(a) any new information; and

(b) any new analysis; and

(d) such other matters (if any) as the Minister considers relevant.

(6) Before varying a declaration under subsection (2) on the Minister's own initiative, the Minister must consult—

(a) if the part is wholly situated in the permit area of a greenhouse gas assessment permit—the permittee; or

(b) if the part is wholly situated in the lease area of a greenhouse gas holding lease—the lessee; or

(d) if the part is wholly situated in the licence area of a petroleum production licence—the licensee; or

(e) if the part is wholly situated in the lease area of a petroleum retention lease—the lessee.

(7) A copy of a variation under subsection (2) must be published in the Government Gazette.

(8) If a declaration in force under section 318 is varied, a reference in this Act to the declaration is a reference to the declaration as varied.

319Variation of declaration of identified greenhouse gas storage formation