Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Act, an eligible greenhouse gas storage formation is a part of a geological formation, where that part:
(a) is suitable, without engineering enhancements, for the permanent storage of a particular amount of a particular greenhouse gas substance injected at a particular point or points into that part over a particular period; or
(b) is suitable, with engineering enhancements, for the permanent storage of a particular amount of a particular greenhouse gas substance injected at a particular point or points into that part over a particular period.
(2) An amount referred to in paragraph (1)(a) or (b) must be at least 100,000 tonnes.
(3) For the purposes of this Act, the spatial extent of an eligible greenhouse gas storage formation is the expected migration pathway or pathways, over the period:
(a) beginning at the start of the particular period referred to in whichever of paragraph (1)(a) or (b) is applicable; and
(b) ending at the notional site closing certificate time;
of the particular amount of the particular greenhouse gas substance injected as mentioned in whichever of paragraph (1)(a) or (b) is applicable.
(4) In determining the spatial extent of an eligible greenhouse gas storage formation, regard must be had to:
(a) the fundamental suitability determinants; and
(b) such other matters as are relevant.
(5) The regulations may provide that the expected migration pathway or pathways are to be ascertained on the basis of:
(a) one or more assumptions (if any) specified in the regulations; and
(b) a level of probability specified in the regulations; and
(c) a methodology (if any) specified in the regulations.
Notional site closing certificate time
(6) For the purposes of the application of this section to a part of a geological formation covered by paragraph (1)(a), the notional site closing certificate time is worked out as follows:
(a) assume that the particular amount of the particular greenhouse gas substance referred to in that paragraph was injected at the particular point or points referred to in that paragraph over the particular period referred to in that paragraph;
(b) assume that, throughout that period, that part was an identified greenhouse gas storage formation;
(c) assume that, throughout that period, operations for the injection of the greenhouse gas substance into that part:
(i) were authorised by a greenhouse gas injection licence; and
(ii) complied with the requirements of this Act and the regulations;
(d) assume that, at the end of that period, operations for the injection of the greenhouse gas substance into that part ceased;
(e) estimate the earliest time after the end of that period when the responsible Commonwealth Minister would be in a position to issue a site closing certificate in relation to the identified greenhouse gas storage formation;
(f) that time is the notional site closing certificate time .
(7) For the purposes of the application of this section to a part of a geological formation covered by paragraph (1)(b), the notional site closing certificate time is worked out as follows:
(a) assume that the engineering enhancements referred to in that paragraph had been made;
(b) assume that the particular amount of the particular greenhouse gas substance referred to in that paragraph was injected at the particular point or points referred to in that paragraph over the particular period referred to in that paragraph;
(c) assume that, throughout that period, that part was an identified greenhouse gas storage formation;
(d) assume that, throughout that period, operations for the injection of the greenhouse gas substance into that part:
(i) were authorised by a greenhouse gas injection licence; and
(ii) complied with the requirements of this Act and the regulations;
(e) assume that, at the end of that period, operations for the injection of the greenhouse gas substance into that part ceased;
(f) estimate the earliest time after the end of that period when the responsible Commonwealth Minister would be in a position to issue a site closing certificate in relation to the identified greenhouse gas storage formation;
(g) that time is the notional site closing certificate time .
(7A) In making an estimate under paragraph (6)(e) or (7)(f), disregard subsection 388(8).
Fundamental suitability determinants
(8) For the purposes of this Act, the following are the fundamental suitability determinants of an eligible greenhouse gas storage formation:
(a) the particular amount referred to in whichever of paragraph (1)(a) or (b) is applicable;
(b) the particular greenhouse gas substance referred to in whichever of paragraph (1)(a) or (b) is applicable;
(c) the particular point or points referred to in whichever of paragraph (1)(a) or (b) is applicable;
(d) the particular period referred to in whichever of paragraph (1)(a) or (b) is applicable;
(e) if paragraph (1)(b) is applicable--the engineering enhancements referred to in that paragraph;
(f) the effective sealing feature, attribute or mechanism that enables the permanent storage referred to in whichever of paragraph (1)(a) or (b) is applicable.