Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 400

Scope

  (1)   This section applies if:

  (a)   a site closing certificate is in force in relation to an identified greenhouse gas storage formation; and

  (b)   when the application for the certificate was made, the formation was specified in a greenhouse gas injection licence; and

  (c)   there is a closure assurance period in relation to the formation; and

  (d)   the following conditions are satisfied in relation to a liability of an existing person who is or has been the registered holder of the licence (whether or not the licence is in force):

  (i)   the liability is a liability for damages;

  (ii)   the liability is attributable to an act done or omitted to be done in the carrying out of operations authorised by the licence in relation to the formation;

  (iii)   the liability is incurred or accrued after the end of the closure assurance period in relation to the formation;

  (iv)   such other conditions (if any) as are specified in the regulations.

Indemnity

  (2)   The Commonwealth must indemnify the person against the liability.