Commonwealth Consolidated Acts Commonwealth Consolidated ActsApplication by permittee
(1) If:
(a) an application for the grant of a greenhouse gas injection licence has been made under section 368A by a greenhouse gas assessment permittee; and
(b) the Cross - boundary Authority is satisfied that, if the greenhouse gas injection licence were granted to the applicant, the applicant will, within 5 years after the grant, commence operations to:
(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(c) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(i) an existing post - commencement petroleum exploration permit; or
(ii) an existing post - commencement petroleum retention lease (other than a petroleum retention lease granted under section 150); or
(iii) a future post - commencement petroleum production licence over the block or any of the blocks to which an existing post - commencement petroleum exploration permit, or an existing post - commencement petroleum retention lease (other than a petroleum retention lease granted under section 150), relates; or
(iv) an existing post - commencement State/Territory petroleum exploration title; or
(v) an existing post - commencement State/Territory petroleum retention title (other than a State/Territory petroleum retention title granted under a provision of a law of a State or Territory that corresponds to section 150); or
(vi) a future post - commencement State/Territory petroleum production title over the State/Territory block or any of the State/Territory blocks to which an existing post - commencement State/Territory petroleum exploration title, or an existing post - commencement State/Territory petroleum retention title (other than a State/Territory petroleum retention title granted under a provision of a law of a State or Territory that corresponds to section 150), relates;
the responsible Commonwealth Minister is satisfied that the grant of the greenhouse gas injection licence is in the public interest; and
(d) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(i) an existing pre - commencement petroleum title held by a person other than the applicant; or
(ii) an existing petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the registered holder of the pre - commencement petroleum title or the petroleum production licence, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which Part 4.6 applies--the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
(v) to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence--it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
(e) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(i) an existing pre - commencement State/Territory petroleum title held by a person other than the applicant; or
(ii) an existing State/Territory petroleum production title held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the holder of the pre - commencement State/Territory petroleum title or the State/Territory petroleum production title, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 4.6 apply--the dealing has been approved under a provision of a law of the relevant State or Territory that corresponds to section 493 or the relevant State/Territory greenhouse gas storage administrator has notified the responsible Commonwealth Minister that the dealing is reasonably likely to be approved under that provision; and
(f) if:
(i) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre - commencement petroleum title over a block or blocks; and
(ii) the existing pre - commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the registered holder of the existing pre - commencement petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which Part 4.6 applies--the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
(v) to the extent to which the agreement is a dealing to which Part 4.6 would apply if the future pre - commencement petroleum title were to come into existence--it is reasonably likely that the dealing would, after the future pre - commencement petroleum title comes into existence, be approved under section 493; and
(vi) to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence--it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
(g) if:
(i) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre - commencement State/Territory petroleum title over a State/Territory block or State/Territory blocks; and
(ii) the existing pre - commencement State/Territory petroleum title in force over the State/Territory block or any of the State/Territory blocks is held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the holder of the existing pre - commencement State/Territory petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 4.6 apply--the dealing has been approved under a provision of a law of the relevant State or Territory that corresponds to section 493 or the relevant State/Territory greenhouse gas storage administrator has notified the responsible Commonwealth Minister that the dealing is reasonably likely to be approved under that provision; and
(v) to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 4.6 would apply if the future pre - commencement State/Territory petroleum title were to come into existence--the relevant State/Territory greenhouse gas storage administrator has notified the responsible Commonwealth Minister that it is reasonably likely that the dealing would, after the future pre - commencement State/Territory petroleum title comes into existence, be approved under a provision of a law of the relevant State or Territory that corresponds to section 493; and
(vi) to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 5.6 would apply if the greenhouse gas injection licence were to come into existence--it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under a provision of a law of the relevant State or Territory that corresponds to section 543; and
(h) if:
(i) the responsible Commonwealth Minister is satisfied that the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum; and
(ii) the block or blocks as to which the responsible Commonwealth Minister is so satisfied are within the licence area of a petroleum production licence, the permit area of a pre - commencement petroleum exploration permit, the lease area of a pre - commencement petroleum retention lease, the relevant area of a pre - commencement State/Territory petroleum exploration title, the relevant area of a pre - commencement State/Territory petroleum retention title or the relevant area of a State/Territory petroleum production title; and
(iii) the recovery of the petroleum passes the commercial viability test set out in subsection (5);
the responsible Commonwealth Minister is satisfied that there is no significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on operations to recover the petroleum; and
(i) the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the licence; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
(j) the responsible Commonwealth Minister is satisfied that the draft site plan that accompanied the application satisfies the criteria specified in the regulations; and
(ja) the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the Cross - boundary Authority must give the applicant a written notice (called an offer document ) telling the applicant that the Cross - boundary Authority is prepared to grant the applicant a greenhouse gas injection licence over the block or blocks specified in the application, on the basis that the matters to be specified in the greenhouse gas injection licence as mentioned in paragraphs 358A(3)(d) to (k) will be in accordance with the application, so long as:
(k) in a case where part of the licence area would be in the coastal waters of a State--the State has consented to the giving of the offer document; or
(l) in a case where part of the licence area would be in the coastal waters of the Northern Territory--the Northern Territory has consented to the giving of the offer document.
Application by lessee
(2) If:
(a) an application for the grant of a greenhouse gas injection licence has been made under section 368A by a greenhouse gas holding lessee; and
(b) the Cross - boundary Authority is satisfied that, if the greenhouse gas injection licence were granted to the applicant, the applicant will, within 5 years after the grant, commence operations to:
(i) inject a greenhouse gas substance into the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(ii) permanently store the greenhouse gas substance in the identified greenhouse gas storage formation, or at least one of the identified greenhouse gas storage formations, concerned; and
(c) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(i) an existing post - commencement petroleum exploration permit; or
(ii) an existing post - commencement petroleum retention lease (other than a petroleum retention lease granted under section 150); or
(iii) a future post - commencement petroleum production licence over the block or any of the blocks to which an existing post - commencement petroleum exploration permit, or an existing post - commencement petroleum retention lease (other than a petroleum retention lease granted under section 150), relates; or
(iv) an existing post - commencement State/Territory petroleum exploration title; or
(v) an existing post - commencement State/Territory petroleum retention title (other than a State/Territory petroleum retention title granted under a provision of a law of a State or Territory that corresponds to section 150); or
(vi) a future post - commencement State/Territory petroleum production title over the State/Territory block or any of the State/Territory blocks to which an existing post - commencement State/Territory petroleum exploration title, or an existing post - commencement State/Territory petroleum retention title (other than a State/Territory petroleum retention title granted under a provision of a law of a State or Territory that corresponds to section 150), relates;
the responsible Commonwealth Minister is satisfied that the grant of the greenhouse gas injection licence is in the public interest; and
(d) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(i) an existing pre - commencement petroleum title held by a person other than the applicant; or
(ii) an existing petroleum production licence held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the registered holder of the pre - commencement petroleum title or the petroleum production licence, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which Part 4.6 applies--the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
(v) to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence--it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
(e) if the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(i) an existing pre - commencement State/Territory petroleum title held by a person other than the applicant; or
(ii) an existing State/Territory petroleum production title held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the holder of the pre - commencement State/Territory petroleum title or the State/Territory petroleum production title, as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 4.6 apply--the dealing has been approved under a provision of a law of the relevant State or Territory that corresponds to section 493 or the relevant State/Territory greenhouse gas storage administrator has notified the responsible Commonwealth Minister that the dealing is reasonably likely to be approved under that provision; and
(f) if:
(i) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre - commencement petroleum title over a block or blocks; and
(ii) the existing pre - commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the registered holder of the existing pre - commencement petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which Part 4.6 applies--the dealing has been approved under section 493 or is reasonably likely to be approved under that section; and
(v) to the extent to which the agreement is a dealing to which Part 4.6 would apply if the future pre - commencement petroleum title were to come into existence--it is reasonably likely that the dealing would, after the future pre - commencement petroleum title comes into existence, be approved under section 493; and
(vi) to the extent to which the agreement is a dealing to which Part 5.6 would apply if the greenhouse gas injection licence were to come into existence--it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under section 543; and
(g) if:
(i) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under a future pre - commencement State/Territory petroleum title over a block or blocks; and
(ii) the existing pre - commencement State/Territory petroleum title in force over the State/Territory block or any of the State/Territory blocks is held by a person other than the applicant;
the responsible Commonwealth Minister is satisfied that:
(iii) the holder of the existing pre - commencement State/Territory petroleum title has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(iv) to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 4.6 apply--the dealing has been approved under a provision of a law of the relevant State or Territory that corresponds to section 493 or the relevant State/Territory greenhouse gas storage administrator has notified the responsible Commonwealth Minister that the dealing is reasonably likely to be approved under that provision; and
(v) to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 4.6 would apply if the future pre - commencement State/Territory petroleum title were to come into existence--the relevant State/Territory greenhouse gas storage administrator has notified the responsible Commonwealth Minister that it is reasonably likely that the dealing would, after the future pre - commencement State/Territory petroleum title comes into existence, be approved under a provision of a law of the relevant State or Territory that corresponds to section 493; and
(vi) to the extent to which the agreement is a dealing to which provisions of a law of the relevant State or Territory that correspond to Part 5.6 would apply if the greenhouse gas injection licence were to come into existence--it is reasonably likely that the dealing would, after the greenhouse gas injection licence comes into existence, be approved under a provision of a law of the relevant State or Territory that corresponds to section 543; and
(h) if:
(i) the responsible Commonwealth Minister is satisfied that the area comprised in the block, or any one or more of the blocks, specified in the application contains petroleum; and
(ii) the block or blocks as to which the responsible Commonwealth Minister is so satisfied are within the licence area of a petroleum production licence, the permit area of a pre - commencement petroleum exploration permit, the lease area of a pre - commencement petroleum retention lease, the relevant area of a pre - commencement State/Territory petroleum exploration title, the relevant area of a pre - commencement State/Territory petroleum retention title or the relevant area of a State/Territory petroleum production title; and
(iii) the recovery of the petroleum passes the commercial viability test set out in subsection (5);
the responsible Commonwealth Minister is satisfied that there is no significant risk that any of the operations that could be carried on under the greenhouse gas injection licence will have a significant adverse impact on operations to recover the petroleum; and
(i) the responsible Commonwealth Minister is satisfied that the technical advice and financial resources available to the applicant are sufficient to:
(i) carry out the operations and works that will be authorised by the licence; and
(ii) discharge the obligations that will be imposed under this Act, or a legislative instrument under this Act, in relation to the licence; and
(j) the responsible Commonwealth Minister is satisfied that the draft site plan that accompanied the application satisfies the criteria specified in the regulations; and
(ja) the responsible Commonwealth Minister is satisfied of the matters (if any) prescribed by the regulations;
the Cross - boundary Authority must give the applicant a written notice (called an offer document ) telling the applicant that the Cross - boundary Authority is prepared to grant the applicant a greenhouse gas injection licence over the block or blocks specified in the application, on the basis that the matters to be specified in the greenhouse gas injection licence as mentioned in paragraphs 358A(3)(d) to (k) will be in accordance with the application, so long as:
(k) in a case where part of the licence area would be in the coastal waters of a State--the State has consented to the giving of the offer document; or
(l) in a case where part of the licence area would be in the coastal waters of the Northern Territory--the Northern Territory has consented to the giving of the offer document.
Public interest
(3) For the purposes of paragraphs (1)(c) and (2)(c), in considering whether the grant of the greenhouse gas injection licence is in the public interest, the responsible Commonwealth Minister must have regard to:
(a) whether:
(i) the registered holder of the existing post - commencement petroleum exploration permit or existing post - commencement petroleum retention lease; or
(ii) the holder of the existing post - commencement State/Territory petroleum exploration title or existing post - commencement State/Territory petroleum retention title;
as the case may be, has agreed, in writing, to the grant of the greenhouse gas injection licence; and
(b) if so--the terms of that agreement.
(4) Subsection (3) does not limit the matters to which the responsible Commonwealth Minister may have regard.
Commercial viability test
(5) For the purposes of subparagraphs (1)(h)(iii) and (2)(h)(iii), the recovery of petroleum passes the commercial viability test if, and only if, the responsible Commonwealth Minister is satisfied that:
(a) the recovery is commercially viable; or
(b) the recovery is not commercially viable, but is likely to become commercially viable within 15 years.
(6) Before attaining a state of satisfaction under subsection (5) in relation to the recovery of petroleum under a State/Territory petroleum title, the responsible Commonwealth Minister must consult:
(a) if the State/Territory petroleum title was granted under a law of a State--the responsible State Minister for the State; or
(b) if the State/Territory petroleum title was granted under a law of the Northern Territory--the responsible Northern Territory Minister.
Deferral of decision
(7) This section has effect subject to section 368E.