399Variation of matters specified in greenhouse gas injection licence—general

399 Variation of matters specified in greenhouse gas injection licence—general

(1) A greenhouse gas injection licensee may apply to the Minister for the variation by the Minister of a matter specified in the licence as mentioned in any of section 374(1)(c) to (k).

1 Consultation procedures apply—see section 466.

2 Part 3.8 contains additional provisions about application procedures.

3 Section 459 requires the application to be accompanied by an application fee.

4 Section 461 enables the Minister to require the applicant to give further information.

(2) An application under subsection (1) must—

(a) set out the proposed variation; and

(3) If an application is made under subsection (1), the Minister may, by written notice given to the licensee—

(a) vary the matter in accordance with the application; or

(b) refuse to vary the matter in accordance with the application.

(4) If a matter specified in the licence as mentioned in any of section 374(1)(c) to (k) is varied under this section, the varied matter must not be inconsistent with the fundamental suitability determinants of the identified greenhouse gas storage formation concerned.

(5) A variation of a matter under this section takes effect on the day on which notice of the variation is published in the Government Gazette.

400 Variation of matters specified in greenhouse gas injection licence—declaration of identified greenhouse gas storage formation varied

(1) This section applies in relation to a greenhouse gas injection licence if—

(a) a declaration is in force under section 318 in relation to an identified greenhouse gas storage formation that is wholly situated in the licence area; and

(b) the declaration is varied under section 319; and

(c) apart from this section, a matter specified in the declaration would be inconsistent with a matter specified in the licence as mentioned in any of section 374(1)(c) to (k).

(2) The Minister must, by written notice given to the licensee, vary the matter specified in the licence as mentioned in any of section 374(1)(c) to (k) for the purposes of removing that inconsistency.

(3) A variation of a matter under this section takes effect on the day on which notice of the variation is published in the Government Gazette.

Division 4—Directions

401 Minister may give greenhouse gas injection licensee directions to protect geological formations containing petroleum pools etc.

(1) The Minister may, by written notice given to a greenhouse gas injection licensee, give the licensee a direction for the purpose of—

the risk that operations carried out under the licence could—

(d) have a significant adverse impact on a geological formation, or a part of a geological formation, that contains, or is likely to contain, a petroleum pool; or

(e) otherwise compromise the exploitation of any petroleum that occurs as a natural resource.

(2) A direction under this section may require the licensee to do something—

(3) A direction under this section has effect, and must be complied with, despite—

(4) A direction under this section prevails over—

(a) anything in an approved site plan for an identified greenhouse gas storage formation specified in the licence; or

(b) anything specified in the licence as mentioned in any of section 374(1)(c) to (k)—

(5) A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument—

(6) To avoid doubt, subsection (5) applies to an instrument, whether issued or made in Australia or outside Australia.

(7) A direction under this section may prohibit the doing of an act or thing—

(b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.