Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The responsible Commonwealth Minister may, by written notice given to a greenhouse gas injection licensee, give the licensee a direction for the purpose of:
(a) eliminating; or
(b) mitigating; or
(c) managing;
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:
(a) in the licence area; or
(b) in an offshore area but outside the licence area.
(3) A direction under this section has effect, and must be complied with, despite:
(a) any previous direction under this section; and
(b) anything in the regulations (other than prescribed regulations, or a prescribed provision of regulations, made under this Act) or the applied provisions.
(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 paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k);
to the extent of any inconsistency.
(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 as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
(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:
(a) unconditionally; or
(b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
(8) A direction under this section is not a legislative instrument.
(9) If:
(a) a direction under this section is in force in relation to a greenhouse gas injection licence; and
(b) apart from subsection (4), the direction would be inconsistent with a matter specified in the licence as mentioned in any of paragraphs 358(3)(c) to (k) or 358A(3)(c) to (k);
the responsible Commonwealth Minister may, by written notice given to the licensee, vary the matter for the purposes of removing that inconsistency.
(10) A variation of a matter under subsection (9) takes effect on the day on which notice of the variation is published in the Gazette .
Note: For publication in the Gazette of notice of the variation, see section 734.
(11) The regulations may provide that, if:
(a) a direction under this section is in force in relation to a greenhouse gas injection licence; and
(b) apart from subsection (4), the direction would be inconsistent with anything in an approved site plan for an identified greenhouse gas storage formation specified in the licence;
then:
(c) the licensee must, within the period ascertained in accordance with the regulations:
(i) prepare a draft variation of the approved site plan for the purposes of removing that inconsistency; and
(ii) give the draft variation to the responsible Commonwealth Minister; and
(d) the responsible Commonwealth Minister must, by written notice given to the licensee:
(i) approve the variation; or
(ii) refuse to approve the variation; and
(e) if the responsible Commonwealth Minister approves the variation--the approved site plan is varied accordingly.
(12) If an approved site plan is varied, a reference in this Act to the approved site plan is a reference to the approved site plan as varied.