sec.292Obligation to decommission

### sec.292 Obligation to decommission This section applies to a person (the responsible person ) who holds a petroleum tenure on which there is a petroleum well, water injection bore, water observation bore or water supply bore drilled by or for the tenure holder or that has been transferred to the tenure holder, unless the well or bore has, under division 3 , been transferred to someone else. The responsible person must ensure the well or bore is decommissioned from use under this Act before— the tenure or authority ends; or the land on which the well or bore is located ceases to be in the area of the tenure or authority. Maximum penalty—500 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 814A , to have also committed the offence. However, subsection (2) does not apply— for land that, under section 101 (1) , ceases to be in the area of an authority to prospect; or if the tenure or authority ends because it is divided under this chapter; or for a petroleum well— if a GHG tenure is granted; and the GHG tenure’s area includes the well; and the petroleum tenure holder and the GHG tenure holder have agreed in writing that the GHG tenure holder is to assume responsibility for the well; and a copy of the agreement has been lodged. For subsection (2) , the well or bore is decommissioned from use under this Act only if— it has been plugged and abandoned in the way prescribed under a regulation; and for a bore—the decommissioning complies with the Water Act , sections 816 and 817 ; and the responsible person has given the chief executive a notice, in the approved form, about the decommissioning of the well or bore. For the power of an authorised person to ensure compliance, see section 580 . Subsection (4) (b) applies only to the extent it is not inconsistent with subsection (4) (a) . s 292 amd 2004 No. 26 s 122 ; 2005 No. 3 s 67 ; 2007 No. 46 s 172 ; 2009 No. 3 s 551 ; 2011 No. 2 s 121 ; 2012 No. 20 s 125 sch 1 , s 281 sch 2 ; 2013 No. 23 s 173 ; 2013 No. 51 s 229 sch 1 ; 2014 No. 47 s 624 ; 2018 No. 24 s 209 (sec.292-ssec.1) This section applies to a person (the responsible person ) who holds a petroleum tenure on which there is a petroleum well, water injection bore, water observation bore or water supply bore drilled by or for the tenure holder or that has been transferred to the tenure holder, unless the well or bore has, under division 3 , been transferred to someone else. (sec.292-ssec.2) The responsible person must ensure the well or bore is decommissioned from use under this Act before— the tenure or authority ends; or the land on which the well or bore is located ceases to be in the area of the tenure or authority. Maximum penalty—500 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 814A , to have also committed the offence. (sec.292-ssec.3) However, subsection (2) does not apply— for land that, under section 101 (1) , ceases to be in the area of an authority to prospect; or if the tenure or authority ends because it is divided under this chapter; or for a petroleum well— if a GHG tenure is granted; and the GHG tenure’s area includes the well; and the petroleum tenure holder and the GHG tenure holder have agreed in writing that the GHG tenure holder is to assume responsibility for the well; and a copy of the agreement has been lodged. (sec.292-ssec.4) For subsection (2) , the well or bore is decommissioned from use under this Act only if— it has been plugged and abandoned in the way prescribed under a regulation; and for a bore—the decommissioning complies with the Water Act , sections 816 and 817 ; and the responsible person has given the chief executive a notice, in the approved form, about the decommissioning of the well or bore. For the power of an authorised person to ensure compliance, see section 580 . (sec.292-ssec.5) Subsection (4) (b) applies only to the extent it is not inconsistent with subsection (4) (a) . - (a) the tenure or authority ends; or - (b) the land on which the well or bore is located ceases to be in the area of the tenure or authority. - (a) for land that, under section 101 (1) , ceases to be in the area of an authority to prospect; or - (b) if the tenure or authority ends because it is divided under this chapter; or - (c) for a petroleum well— (i) if a GHG tenure is granted; and (ii) the GHG tenure’s area includes the well; and (iii) the petroleum tenure holder and the GHG tenure holder have agreed in writing that the GHG tenure holder is to assume responsibility for the well; and (iv) a copy of the agreement has been lodged. - (i) if a GHG tenure is granted; and - (ii) the GHG tenure’s area includes the well; and - (iii) the petroleum tenure holder and the GHG tenure holder have agreed in writing that the GHG tenure holder is to assume responsibility for the well; and - (iv) a copy of the agreement has been lodged. - (i) if a GHG tenure is granted; and - (ii) the GHG tenure’s area includes the well; and - (iii) the petroleum tenure holder and the GHG tenure holder have agreed in writing that the GHG tenure holder is to assume responsibility for the well; and - (iv) a copy of the agreement has been lodged. - (a) it has been plugged and abandoned in the way prescribed under a regulation; and - (b) for a bore—the decommissioning complies with the Water Act , sections 816 and 817 ; and - (c) the responsible person has given the chief executive a notice, in the approved form, about the decommissioning of the well or bore. Note— For the power of an authorised person to ensure compliance, see section 580 .