76Power of Minister to approve underground disposal

76 Power of Minister to approve underground disposal (1) A person may apply to the Minister for approval to dispose of any matter underground by means of a bore. S. 76(2)(c) amended by No. 110/1997 s. 17(8). (3) In considering an application the Minister must have regard to the report of any panel appointed under section 66. (4) The Minister may by notice in writing to the applicant— (a) approve the application subject to any conditions that he or she thinks fit and specifies in the notice; or (b) refuse to approve the application and specify the reasons for that refusal. (5) The Minister must not approve an application in respect of a disposal which, in the opinion of the Minister, would cause the pollution of any groundwater or be detrimental to any aquifer or bore. S. 76(5A) inserted by No. 5/2002 s. 43. (5A) The Minister must not approve an application in respect of a disposal by means of a State observation bore if, in the opinion of the Minister, the disposal would interfere with the function of the bore as a State observation bore. S. 76(6) repealed by No. 23/2019 s. 38(1). S. 76(7) inserted by No. 61/2008 s. 323, amended by No. 23/2019 s. 38(2). (7) This Division does not apply to the holder of an authority under the **Greenhouse Gas Geological Sequestration Act 2008** in relation to work carried out in accordance with an approved injection testing plan or an approved injection and monitoring plan. S. 76(8) inserted by No. 23/2019 s. 38(3). (8) The Minister may exempt a person from the requirement to obtain approval under this section to dispose of any matter underground by means of a bore— (a) if— (i) the matter is to be injected into or stored in a part of a geological formation in a permit area under a greenhouse gas assessment permit; and (ii) the Minister administering the **Offshore Petroleum and Greenhouse Gas Storage Act 2010** has consulted with the Minister administering this section at least 40 days before approving, under section 291 of that Act, the carrying on of key greenhouse gas operations under the permit referred to in subparagraph (i); or (b) if— (i) the matter is to be injected into or stored in an identified greenhouse gas storage formation in a lease area under a greenhouse gas holding lease; and (ii) the Minister administering the **Offshore Petroleum and Greenhouse Gas Storage Act 2010** has consulted with the Minister administering this section at least 40 days before approving, under section 329 of that Act, the carrying on of key greenhouse gas operations under the lease referred to in subparagraph (i); or (c) if— (i) the matter is to be injected into or stored in an identified greenhouse gas storage formation in a licence area under a greenhouse gas injection licence; and (ii) the Minister administering the **Offshore Petroleum and Greenhouse Gas Storage Act 2010** has consulted with the Minister administering this section at least 40 days before approving a site plan for that injection licence under regulations made under that Act. S. 76(9) inserted by No. 23/2019 s. 38(3). ***greenhouse gas assessment permit***, ***greenhouse gas holding lease***, ***greenhouse gas injection licence*** and ***key greenhouse gas operation*** have the same meanings as in the **Offshore Petroleum and Greenhouse Gas Storage Act 2010**. S. 76A inserted by No. 23/2019 s. 39.