Greenhouse Gas Geological Sequestration Act 2008 (Vic)
Version No. 016
Greenhouse Gas Geological Sequestration Act 2008
No. 61 of 2008
Version incorporating amendments as at
22 October 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
Division 1—Introduction and interpretation
1Purpose
2Commencement
3Definitions
4Meaning of greenhouse gas sequestration formation exploration
5Meaning of greenhouse gas substance injection and monitoring
6Meaning of serious situation
Division 2—Objectives and principles
7Objectives
8Principles of sustainable development
Division 3—Application of Act
9Relationship to certain other Acts
10Aboriginal heritage
11Non-application of Act
12Minister may declare land not to be used for greenhouse gas sequestration
13Act binds the Crown
Part 2—Ownership and control of greenhouse gas substances and underground geological storage formations
14Underground geological storage formation is the property of the Crown
15Crown retains Crown land rights
16Ownership of greenhouse gas substance
17Offence to explore for greenhouse gas sequestration formations unless authorised
18Offence to carry out greenhouse gas substance injection and monitoring unless authorised
Part 3—Greenhouse gas sequestration exploration permits
Division 1—Rights and obligations
19Rights conferred by exploration permit
20Extraction of resources
21Key objects of work program
Division 2—Procedure for obtaining permits
22Minister may invite tender applications for exploration permits
23Application for permits
24Chief factors to be taken into account in deciding between competing applications
25Grant of exploration permit
26Minister may make new grant if former grant refused
27Procedure if initial invitation does not result in the granting of a permit
28Restrictions on permit area
29Permit may be limited to a stratum of land
30Term of permit
Division 3—Renewals
31Renewal of permit
32Application for renewal
33Other factors to be considered in renewing permits
34Permit not to be renewed if key objects not achieved
35Renewed permit area may be reduced
36Variation of work programs for renewed permits
Division 4—Injection testing plans
37When must an injection testing plan be prepared?
38What must an injection testing plan include?
39Plan to be approved before injection testing can start
40Approval of injection testing plan
41Risk to the environment
42Contamination or sterilisation of a resource
43Consent of other resource authority holders
44Referral of plans to independent panel
45Appointment of panel
46Community consultation
47Conferences
48Compensation agreement
49What compensation is payable for—resource authority holders
50Injection testing to be carried out in accordance with approved plan
51Minister may require variation of injection testing plan
52Minister to consult
53EPA may require variation of monitoring and verification plan
54Minister may allow variation of injection testing plan
55Reporting
Division 5—Discovery of underground geological storage formation
56Minister must be told if underground geological storage formation discovered
57Minister may give directions if underground geological storage formation discovered
Part 4—Greenhouse gas sequestration formation retention leases
58Purpose of a retention lease
59Rights conferred by lease
60Right to apply for lease
61Details to be supplied with application
62Grant of lease
63Work program
64Area to which lease applies
65Permit may be limited to a stratum of land
66Term of lease
67Renewal of lease
68Procedure if lease not to be granted
69Minister may require review of commercial viability
70Minister may give directions if permanent storage viable
Part 5—Greenhouse gas substance injection and monitoring licence
Division 1—Rights conferred by licence
71Rights conferred by licence
Division 2—Application for licence by holders of permits or leases
72Application for licence
73Details to be supplied with application
Division 3—Application for licence under tender process
74Minister may invite tender applications
75Applications
76Procedure for deciding between competing bids
77Notice to be given to applicants
78Refund of deposits
79Minister may make new grant if former grant refused
80Extension of time in which to make licence payment
81Minister must not issue licence unless cash bid paid
Division 4—General provisions
82Grant of a licence
83Minister to be satisfied of certain matters
84Restrictions on area to which licence applies
85Licence may be limited to a stratum of land
86Licence may be limited to a specified volume
87Further licence may be granted where greenhouse gas injection work completed
88Term of licence
Division 5—Injection of greenhouse gas substance
89Direction if greenhouse gas substance injection not to the Minister's satisfaction
90Form of direction
91Licence holder must comply with directions
92Completion of injection activities
Division 6—Injection and monitoring plan
93Injection and monitoring plan
94Content of injection and monitoring plan
95Plan to be approved before injection and monitoring can start
96Approval of injection and monitoring plan
97Risk to the environment
98Contamination or sterilisation of a resource
99Consent of other resource authority holders
100Referral of plans to independent panel
101Appointment of panel
102Community consultation
103Conferences
104Compensation agreement
105What compensation is payable for—resource authority holders
106Injection and monitoring plan must be adhered to
107Minister may require variation of injection and monitoring plan
108Minister to consult
109EPA may require variation of monitoring and verification plan
110Minister may allow variation of injection and monitoring plan
Division 7—Conditions of greenhouse gas substance injection and monitoring licence
111Reporting
112Payment of long-term monitoring and verification costs
Division 8—Permanent storage of greenhouse gas substance by a third party
113Agreement to store greenhouse gas substance
114Minister may direct licence holder to store greenhouse gas substance
115Licence holder must comply with directions
116Minister may amend licence
117Revised injection and monitoring plan
118Compensation of licence holder
Part 6—Unit development
119Unit development
120Consultation concerning unit development if part of underground geological storage formation interstate
121Minister may amend licence for unit development
Part 7—Greenhouse gas infrastructure lines
122Meaning of greenhouse gas infrastructure line
123Minister may exempt greenhouse gas infrastructure line from Pipelines Act
Part 8—Special access authorisations
124Special access authorisation
125Application for special access authorisation
126Grant of special access authorisation
127Criteria that apply to permit, lease and licence areas
128Exception to section 127
129Minister may vary area to which authorisation applies
130Authorisation does not give exclusive rights
131Term of authorisation
132Extension of term of authorisation
146Permit, lease or licence holder not liable for actions of authorisation holder
Part 8A—Special drilling authorisations
146ASpecial drilling authorisation
146BApplication for special drilling authorisation
146CGeneral criteria the Minister must consider
146DCriteria that apply to permit, lease and licence areas
146EException to section 146D
146FMinister may vary area to which authorisation applies
146GAuthorisation does not give exclusive rights
146HTerm of authorisation
146IExisting permit, lease or licence holder not liable for actions of authorisation holder
146JAuthorisation holder must give data to the Minister
146KAuthorisation holder must give data to permit, lease or licence holder
Part 9—Provisions applying to authorities generally
Division 1—Applications
147Application for authorities
148Work programs
149Applications are not transferable
150Native title
151Existing permits and leases continue until renewal applications etc. decided
Division 2—Community consultation
152Duty to consult with the community
153Community consultation plan
154Requirements for community consultation plan
155Minister to approve community consultation plan
156Plan to be provided to community
Division 3—Conditions
157Conditions that may apply to authorities
158Statutory condition of authority
158BFurther statutory condition of authority—agreements under Traditional Owner Settlement Act 2010
159Minister may vary conditions unilaterally
160Minister may vary conditions by consent
161Variation of conditions on renewal, consolidation or transfer
162Suspension of conditions
163Term of authority may be extended if condition suspended
Division 4—Transfers of authorities
164Transfers
164ATransfers in relation to special drilling authorisations
165Matters Minister must consider in assessing transfer application
166Creation of interest in authority
167Partial transfers of permits and licences
Division 5—Surrender or cancellation of authorities
168Surrender of authority
169Partial surrender of authority
170Additional criteria for surrender of injection and monitoring licence
171Surrender of injection and monitoring licence
172Referral of application to independent panel
173Appointment of panel
174Payment of long-term monitoring and verification costs
175Cancellation of authority
175ASpecial drilling authorisation surrendered, suspended or cancelled if primary authorisation surrendered, suspended or cancelled
175BSpecial drilling authorisation expires or is terminated if primary authorisation expires or is terminated
176Additional grounds for the cancellation of an injection and monitoring licence
177Procedure to be followed before authority cancelled
178Minister may give directions if authority expires or is surrendered or cancelled
Division 6—Miscellaneous matters
179Consolidation of adjoining authorities
180Excision of area from authority
181Reporting of serious situations
182Power of Minister to give a direction
183Offence to fail to comply with direction
184Minister must publish certain details if authority granted
185Variation of an authority
186Expedited procedure for replacement of invalidated title
187Occupiers liability
187AAuthorities not personal property
Part 10—Planning matters
188Definition of planning scheme
189Exploration under exploration permit overrides planning schemes
190Injection and monitoring operations also override planning schemes
191Alternative approvals
Part 11—Consent requirements before operations allowed on land
Division 1—Wilderness Crown land
192Operations on wilderness land barred
Division 2—Operations requiring prior consent
193Consent of Minister needed
194Greenhouse gas sequestration operations on restricted Crown land
195Greenhouse gas sequestration operations on water authority land
196Provisions applying to consents
197Right to seek review of refusal to give consent
Division 3—Operations requiring notice
198Operations on unrestricted Crown land
199Notice to be given before operation carried out on any land
Part 12—Compensation
200Consent of, or compensation agreement with, owner etc. needed before operation on private land starts
201What compensation is payable for—private/native title land
202Limit on total amount of compensation
203Compensation not payable for underground geological storage formations
204What compensation is payable for—Crown land
205Time limit on compensation claims
206Determination of disputes—private/native title land
207Determination of disputes—Crown land
208Native Title Act rights prevail
Part 13—Other obligations on the holders of authorities
Division 1—Operation plan to be prepared
209Operation plan to be prepared
210Operate plan to be approved
211Plan must be observed in carrying out operation
212Minister may allow variation of operation plan
Division 2—Conduct of operations
213Operation to be conducted in proper manner
214Other specific obligations concerning conduct of operations
215Maintenance etc. of property
216Authority holder must not interfere with other rights
217Rehabilitation
218Insurance must be held
Division 3—Rehabilitation bond
219Definition of rehabilitation bond
220Requirement to take out rehabilitation bond
221Minister may require increased rehabilitation bond
222Minister may carry out rehabilitation
223Return of bond if rehabilitation satisfactory
Division 4—Royalties and rents
224Liability for, and rate of, royalty
225Minister may vary royalty
226When royalty must be paid
227Rent payable in relation to Crown land
Division 5—Obligations at end of authority
228Equipment must be removed once authority ceases
229Minister may remove equipment
Part 14—Information
Division 1—Information to be given to the Minister
230Minister may require certain information if underground geological storage formation discovered
231Authority holder must provide information to Minister
232Minister may require position of wells etc. to be surveyed
233Minister may require person to provide information on greenhouse gas sequestration operation
234Minister may require information from petroleum operators
235False information not to be given
Division 2—Release of information
236Meaning of release of information
237Meaning of interpretive information
238Meaning of information collection date
239Information that is not to be released
240Information about applications that may be released
241Release of information about area that is no longer an authority area
242Release of factual information concerning licence areas
243Release of factual information concerning other authority areas
244Restriction on release of information collected so that it could be sold
245Earlier release of information if consent given
246Release of interpretive information relating to current authorities
247Procedure to be followed before interpretive information is released
248Right to seek review of disputed release decision
249Minister may give information etc. to other Ministers
250Restriction on obtaining information to meet work program obligation
Part 15—Enforcement
Division 1—Inspections
251Authorisation of inspectors
252Production of identity card
253Monitoring compliance with this Act
254Emergencies
255Offence-related searches and seizures
256Occupier to be given copy of consent
257Search warrant
258Announcement before entry
259Copy of warrant to be given to occupier
260Receipt must be given for any thing seized
261Copies of certain seized things to be given
262Use of equipment to examine or process things
263Use or seizure of electronic equipment at premises
264Compensation for damage
265Return of seized things
266Magistrates' Court may extend period
267Power of inspector to require information or documents
268Protection against self-incrimination
269Offence to obstruct inspector
Division 2—Improvement and prohibition notices
270Improvement notice
270ACompliance with monitoring and verification plan—improvement notice
271Prohibition notice
271ACompliance with monitoring and verification plan—prohibition notice
272Form of notices
273Right to review
274Defences to charge of failing to comply with a notice
275Remedy of failure to comply with improvement notice
Division 3—Offences
276Corporation deemed to have the knowledge of its officers
277Offences by corporations also offences by officers
278Offences by partners
279Offences by joint venturers
280Offences by employees and agents
Part 16—Administrative matters
Division 1—Greenhouse gas sequestration register
281Greenhouse gas sequestration register
282Need for registration
283Entries in register on devolution of title
284Registration
285Effect of registration
286Inspection of register and documents
287Minister's certificates
288Minister may make corrections to register
289Right to review of register entries
290Offences relating to the register
Division 2—Other administrative matters
291Minister may require further information
292Form of documents
293Pecuniary interest statement
294Surveys and drilling operations
295Department surveys
296Delegation
Division 3—Fees and penalties
297Applications not to be processed unless fee paid
298Fees and penalties debts due to the State
Part 17—General
299Officials must not disclose information
300Minister may vary method of identifying authority areas
301Codes of practice
302Use of codes of practice in proceedings
303Regulations
Part 18—Transitional provisions and consequential amendments
Division 1—Water Act 1989 licences
304Transitional provision—Water Act 1989
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 016
Greenhouse Gas Geological Sequestration Act 2008
No. 61 of 2008
Version incorporating amendments as at
22 October 2025
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
Division 1—Introduction and interpretation
1Purpose
The purpose of this Act is to facilitate and regulate the injection of greenhouse gas substances into underground geological formations for the purpose of permanent storage of those gases, including to facilitate and regulate the exploration for suitable underground geological storage formations, as part of Victoria's commitment to the reduction of atmospheric greenhouse gas emissions.
2Commencement
(1)Subject to subsection (16), this Act (other than Division 2 of Part 18) comes into operation on a day or days to be proclaimed.
(2)Section 305 comes into operation on the fourth anniversary of the day on which section 50 comes into operation.
(3)Section 306 comes into operation on the fourth anniversary of the day on which section 55 comes into operation.
(4)Section 307 comes into operation on the fourth anniversary of the day on which section 106 comes into operation.
(5)Section 308 comes into operation on the fourth anniversary of the day on which section 111 comes into operation.
(6)Section 309 comes into operation on the fourth anniversary of the day on which section 251 comes into operation.
(7)Section 310 comes into operation on the fourth anniversary of the day on which section 253 comes into operation.
(8)Section 311 comes into operation on the fourth anniversary of the day on which section 264 comes into operation.
(9)Section 312 comes into operation on the fourth anniversary of the day on which section 270 comes into operation.
(10)Section 313 comes into operation on the fourth anniversary of the day on which section 271 comes into operation.
(11)Section 314 comes into operation on the fourth anniversary of the day on which section 272 comes into operation.
(12)Section 315 comes into operation on the fourth anniversary of the day on which section 273 comes into operation.
(13)Section 316 comes into operation on the fourth anniversary of the day on which section 275 comes into operation.
(14)Section 317 comes into operation on the fourth anniversary of the day on which section 296 comes into operation.
(15)Section 318 comes into operation on the fourth anniversary of the day on which section 303 comes into operation.
(16)If a provision of this Act (other than Division 2 of Part 18) does not come into operation before 1 January 2010, it comes into operation on that day.
3Definitions
In this Act—
authority means an exploration permit, a retention lease, a special drilling authorisation, an injection and monitoring licence or a special access authorisation;
community includes persons who hold, or may hold, native title;
Crown land means land that is, or that is by any Act deemed to be, unalienated land of the Crown, and includes—
(a)land of the Crown that is reserved permanently or temporarily by or under any Act; and
(b)land of the Crown occupied by a person under a lease, licence or other right under this or any other Act—
but does not include—
(c)native title land that is not also wilderness Crown land; or
(d)land that is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993;
current authority holder means the holder of a primary authorisation;
Department means the Department of Energy, Environment and Climate Action;
drilling authorisation area means an area specified in a special drilling authorisation under Part 8A;
environment includes water;
Environment Protection Authority has the same meaning as Authority has under the Environment Protection Act 2017;
exploration permit means an exploration permit granted under section 25;
greenhouse gas assessment permit has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2010;
greenhouse gas holding lease has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2010;
greenhouse gas injection licence has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2010;
greenhouse gas sequestration formation exploration has the meaning set out in section 4;
greenhouse gas sequestration infrastructure facility means a facility that is used to enable the injection of a greenhouse gas substance into an underground geological storage formation;
greenhouse gas sequestration operation means any activity relating to—
(a)greenhouse gas sequestration formation exploration; or
(b)greenhouse gas substance injection and monitoring;
greenhouse gas substance means—
(a)carbon dioxide, whether in a gaseous or liquid state; or
(b)a prescribed greenhouse gas, whether in a gaseous or liquid state; or
(c)a mixture of any or all of the following substances—
(i)carbon dioxide, whether in a gaseous or liquid state;
(ii)one or more prescribed greenhouse gases, whether in a gaseous or liquid state;
(iii)one or more incidental greenhouse gas-related substances, whether in a gaseous or liquid state, that relate to either or both of the substances mentioned in subparagraphs (i) and (ii);
(iv)a prescribed detection agent, whether in a gaseous or liquid state—
so long as—
(v)the mixture consists overwhelmingly of either or both of the substances mentioned in subparagraphs (i) and (ii); and
(vi)if the mixture includes a prescribed detection agent, the concentration of the prescribed detection agent in the mixture is not more than the concentration prescribed in relation to that detection agent;
greenhouse gas substance injection and monitoring has the meaning set out in section 5;
improvement notice means a notice issued under section 270;
injection and monitoring licence means a greenhouse gas injection and monitoring licence granted under section 82;
inspector means a person authorised under section 251 to carry out inspections;
land includes a stratum of land;
Native Title Act means the Native Title Act 1993 of the Commonwealth;
native title land means land in which native title (within the meaning of the Native Title Act) may exist;
parks Crown land means any land that is a national, State or other park under the National Parks Act 1975;
primary authorisation means—
(a)an exploration permit; or
(b)a retention lease; or
(c)an injection and monitoring licence; or
(d)a greenhouse gas assessment permit; or
(e)a greenhouse gas holding lease; or
(f)a greenhouse gas injection licence;
private land means land that is not Crown land or native title land;
public authority means—
(a)a public service body within the meaning of the Public Administration Act 2004; or
(b)any other body, whether or not incorporated, established by or under an Act for a public purpose;
public interest means a consideration of any of the following—
(a)government policy;
(b)employment creation;
(c)social impacts;
(d)the overall environmental benefit for the State of Victoria and Australia in both the short-term and long-term;
(e)the overall economic benefit for the State of Victoria, or a part of the State of Victoria, in both the short-term and long-term;
(f)impacts on aesthetic, amenity or cultural values;
resource means a resource that a person is entitled to extract or use under a resource authority;
resource authority means an authority under any of the following Acts—
(a)Extractive Industries Development Act 1995;
(b)Geothermal Energy Resources Act 2005;
(c)Mineral Resources (Sustainable Development) Act 1990;
(d)Petroleum Act 1998;
(e)Water Act 1989;
restricted Crown land means any land specified in Schedule 3 to the Mineral Resources (Sustainable Development) Act 1990;
retention lease means a retention lease granted under section 62;
serious situation has the meaning set out in section 6;
special access authorisation means a special access authorisation granted under section 126;
stratum of land means a part of land consisting of a space of any shape below, on or above the surface of the land or partly below and partly above the surface of the land, all of the dimensions of which are limited;
underground geological storage formation includes—
(a)any seal or reservoir of an underground geological formation; and
(b)any associated geological attributes or features of an underground geological formation;
unit development agreement means an agreement made under Part 6;
unrestricted Crown land means any Crown land other than wilderness Crown land, parks Crown land and restricted Crown land;
vary, in relation to the conditions of an authority, includes adding conditions to, and removing conditions from, the authority;
wilderness Crown land means land that is a reference area under the Reference Areas Act 1978 or that is a wilderness zone or wilderness park under the National Parks Act 1975;
work program has the meaning set out in section 148.
4Meaning of greenhouse gas sequestration formation exploration
Greenhouse gas sequestration formation exploration is the carrying out of one or more of the following activities for the purpose of finding an underground geological storage formation likely to be geologically suitable for the injection and permanent storage of a greenhouse gas substance—
(a)carrying out a seismic survey or any other kind of survey;
(b)carrying out a baseline investigation;
(c)taking a sample;
(d)making a well;
(e)injecting, flowing or storing a liquid or gas into a part of an underground geological storage formation;
(f)monitoring the behaviour of a liquid or gas that has been injected or stored in part of an underground geological storage formation;
(g)undertaking any other activity necessary to test the character of an underground geological storage formation, including—
(i)testing the seal and connectivity of an underground geological formation; and
(ii)testing the capacity of an underground geological formation.
5Meaning of greenhouse gas substance injection and monitoring
Greenhouse gas substance injection and monitoring is—
(a)the injection of a greenhouse gas substance into an underground geological storage formation for the purpose of permanently storing that substance underground;
(b)the monitoring and testing of the behaviour of an injected greenhouse gas substance, including predictive modelling;
(c)any activity incidental to an activity listed in paragraph (a) or (b), including transportation of a greenhouse gas substance within an injection and monitoring licence area.
6Meaning of serious situation
A serious situation exists in relation to an underground geological storage formation if—
(a)a greenhouse gas substance that has been injected into an underground geological storage formation has leaked or will leak; or
(b)a greenhouse gas substance has leaked or will leak in the course of being injected into an underground geological storage formation; or
(c)a greenhouse gas substance injected into an underground geological storage formation has behaved or will behave otherwise than as predicted in the approved injecting testing plan or the approved injection and monitoring plan applying to that underground geological storage formation; or
(d)the injection or storage of a greenhouse gas substance into an underground geological storage formation has had or will have a significant impact on the geotechnical integrity of the whole or a part of a geological formation or geological structure; or
(e)the underground geological storage formation is not suitable for the permanent storage of a greenhouse gas substance as set out in the approved injection and monitoring plan.
Division 2—Objectives and principles
7Objectives
The objectives of this Act are to encourage and promote greenhouse gas sequestration operations for the benefit of all Victorians by—
(a)encouraging and facilitating greenhouse gas sequestration operations; and
(b)establishing secure title and an orderly, fair and competitive system for granting authorities to encourage greenhouse gas sequestration operations; and
(c)establishing a legal framework for the regulation of greenhouse gas sequestration operations aimed at ensuring that—
(i)greenhouse gas sequestration operations are carried out in ways that minimise impacts on public health and the environment; and
(ii)consultation mechanisms are effective and appropriate access to information regarding greenhouse gas sequestration operations is provided; and
(iii)land affected by greenhouse gas sequestration operations is rehabilitated; and
(iv)just compensation is paid for the use of private land; and
(v)conditions in licences and approvals are enforced; and
(d)ensuring that greenhouse gas sequestration operations are conducted in accordance with the principles of sustainable development; and
(e)simplifying the planning approval process with respect to greenhouse gas sequestration operations; and
(f)ensuring that public health and environmental impacts are considered in planning for, and the authorisation, operation and decommissioning of, greenhouse gas sequestration operations; and
(g)enabling the Crown to assume responsibility for ongoing monitoring and verification of an underground geological storage formation that has been used to permanently store a greenhouse gas substance following the surrender or cancellation of an injection and monitoring licence.
8Principles of sustainable development
(1)It is the intention of Parliament that in the administration of this Act regard should be given to the principles of sustainable development.
(2)For the purposes of this Act the principles of sustainable development are that—
(a)individual and community wellbeing and welfare should be enhanced by following a path of economic development that safeguards the welfare of future generations;
(b)there should be equity within and between generations;
(c)biological diversity should be protected and ecological integrity maintained;
(d)there should be recognition of the need to develop a strong, growing, diversified and internationally competitive economy that can enhance the capacity for environmental protection;
(e)measures to be adopted should be cost effective and flexible, not disproportionate to the issues being addressed, including improved valuation, pricing and incentive mechanisms;
(f)both long and short term economic, environmental, social and equity considerations should be effectively integrated into decision-making;
(g)if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;
(h)decision-making should be guided by—
(i)a careful evaluation to avoid serious or irreversible damage to the environment wherever practicable; and
(ii)an assessment of the risk-weighted consequences of various options;
(i)greenhouse gas sequestration operations should make a positive contribution to regional development and respect the aspirations of the community and of Indigenous peoples;
(j)decisions and actions should provide for community involvement in issues that affect them.
Division 3—Application of Act
9Relationship to certain other Acts
If this Act makes provision in relation to a matter and provision is also made in relation to that matter by, or under, the Dangerous Goods Act 1985, the Environment Protection Act 2017, the Occupational Health and Safety Act 2004 or the Water Act 1989, the provision made by this Act—
(a)if not inconsistent with that other provision, must be observed in addition to that other provision; and
(b)if inconsistent with that other provision, is, to the extent of the inconsistency, of no force or effect and that other provision prevails.
10Aboriginal heritage
Nothing in this Act affects the operation of the Aboriginal Heritage Act 2006.
11Non-application of Act
This Act does not apply to an underground geological storage formation that is within the area defined as the offshore area in the Offshore Petroleum and Greenhouse Gas Storage Act 2010.
12Minister may declare land not to be used for greenhouse gas sequestration
(1)The Minister may, by notice published in the Government Gazette and recorded in the greenhouse gas sequestration register, declare that any land or class of land is not to be used for a greenhouse gas sequestration operation.
(2)The Minister may make a declaration—
(a)to protect the land for significant environmental reasons; or
(b)to protect significant commercial or economic operations or activities; or
(c)for any other reason the Minister considers to be appropriate.
(3)The Minister, by notice published in the Government Gazette and recorded in the greenhouse gas sequestration register, may revoke any declaration made under this section.
13Act binds the Crown
This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
PART 2—OWNERSHIP AND CONTROL OF GREENHOUSE GAS SUBSTANCES AND UNDERGROUND GEOLOGICAL STORAGE FORMATIONS
14Underground geological storage formation is the property of the Crown
(1)The Crown owns all underground geological storage formations below the surface of any land in Victoria.
(2)Subsection (1) does not apply in relation to any land (other than Crown land) to the extent that the underground geological storage formation is within 15×24 metres of the surface of the land.
(3)Subsection (1) applies despite any prior alienation of Crown land.
(4)The Crown is not liable to pay any compensation in respect of a loss caused by the operation of this section.
15Crown retains Crown land rights
In conferring any grant, lease, licence or other tenure of any Crown land after the commencement of this section on any person, the Crown retains all rights that it has in relation to any underground geological storage formation below the surface of that land, unless otherwise stated in the document by which the grant, lease, licence or other tenure is conferred.
16Ownership of greenhouse gas substance
If an injection and monitoring licence is cancelled or surrendered, the Crown becomes the owner of any greenhouse gas substance that has been injected into an underground geological formation under that licence.
17Offence to explore for greenhouse gas sequestration formations unless authorised
A person must not carry out any greenhouse gas sequestration formation exploration activity in Victoria except—
(a)under, and in accordance with, an authority; or
(b)as otherwise permitted by this Act.
Penalty:240 penalty units.
18Offence to carry out greenhouse gas substance injection and monitoring unless authorised
A person must not carry out any greenhouse gas substance injection and monitoring in Victoria except—
(a)under, and in accordance with, an injection and monitoring licence; or
(b)as otherwise permitted by this Act.
Penalty:240 penalty units.
PART 3—GREENHOUSE GAS SEQUESTRATION EXPLORATION PERMITS
Division 1—Rights and obligations
19Rights conferred by exploration permit
(1)An exploration permit authorises the holder of the permit, subject to and in accordance with the conditions of the permit—
(a)to carry out greenhouse gas sequestration exploration in the permit area; and
(b)to do any thing in that area that is necessary for, or incidental to, that purpose.
(2)If the holder of an exploration permit discovers an underground geological storage formation in the permit area that is likely to be geologically suitable for the permanent storage of a greenhouse gas substance, the holder has the right to apply for the grant of—
(a)an injection and monitoring licence; or
(b)a greenhouse gas sequestration formation retention lease.
20Extraction of resources
The grant of an exploration permit does not entitle the permit holder to extract any resource that is discovered while carrying out greenhouse gas sequestration exploration under this Act.
21Key objects of work program
(1)In addition to the requirements set out in section 148, the key objects of the work program applying to the holder of an exploration permit are—
(a)to establish the characteristics and the extent of any underground geological storage formation in the permit area; and
(b)to assess the feasibility of injecting a greenhouse gas substance into an underground geological storage formation; and
(c)to assess the suitability of an underground geological storage formation for the permanent storage of a greenhouse gas substance; and
(d)to ensure that greenhouse gas sequestration exploration is carried out in a manner that—
(i)protects the integrity of the underground geological storage formation; and
(ii)protects public health and the environment from the impact of greenhouse gas sequestration exploration.
(2)The holder of an exploration permit must ensure that the key objects of the work program specified in subsection (1) are achieved to the maximum extent that is practicable.
Division 2—Procedure for obtaining permits
22Minister may invite tender applications for exploration permits
(1)The Minister may invite applications for an exploration permit to explore a specified area, including a stratum of land.
(2)The invitation must specify—
(a)the chief factors that will be considered by the Minister in assessing applications; and
(b)a date by which applications must be made.
23Application for permits
In addition to complying with section 147, an applicant for an exploration permit must submit details of—
(a)the work program proposed by the applicant; and
(b)details of the applicant's relevant technical qualifications and of the relevant technical qualifications of the applicant's employees; and
(c)details of the relevant technical advice available to the applicant; and
(d)details of the financial resources available to the applicant.
24Chief factors to be taken into account in deciding between competing applications
(1)This section applies if more than one application is received in respect of an area and the Minister decides to grant an exploration permit in respect of the area.
(2)In determining which applicant, if any, is to be granted the permit, the chief factors the Minister must take into account are—
(a)the respective merits of the work programs proposed by the applicants; and
(b)the likelihood that the work programs will be carried out.
(3)The chief factors in this section are in addition to the chief factors specified in the invitation under section 22(2).
25Grant of exploration permit
(1)The Minister may grant or refuse to grant an exploration permit.
(2)If the Minister decides to grant an exploration permit, he or she must give every unsuccessful applicant for the permit written notice of that decision within 14 days after making it.
(3)If the Minister decides not to grant an exploration permit to any of the applicants for the permit, he or she must notify all applicants in writing of that decision.
26Minister may make new grant if former grant refused
(1)This section applies if the Minister decides to grant an exploration permit to an applicant who responded to an invitation under section 22 but who subsequently states in writing that the applicant does not intend to accept the grant.
(2)The Minister may grant the permit to any other applicant for the permit.
(3)This section applies regardless of how many times the Minister has decided to grant the permit.
27Procedure if initial invitation does not result in the granting of a permit
(1)The Minister may invite further applications for an exploration permit for an area if—
(a)no applications are received in response to an invitation made under section 22 for that area; or
(b)the Minister refuses to grant an exploration permit to any applicant who responded to such an invitation; or
(c)no applicant who responded to such an invitation is willing to accept the grant of the exploration permit by the Minister.
(2)Sections 22(2), 23, 25 and 26 apply to applications made in response to an invitation under subsection (1).
(3)If more than one application is received, the Minister must consider the applications in the order in which they were received.
28Restrictions on permit area
In issuing an exploration permit, the Minister must ensure—
(a)that the area to which the permit applies forms a continuous parcel of land; and
(b)that no part of the area to which the permit applies is within an area that is already the subject of an exploration permit.
29Permit may be limited to a stratum of land
(1)An exploration permit may be granted—
(a)for a stratum of land; or
(b)without being limited to a particular stratum.
(2)The Minister must not grant a permit for a stratum of land unless he or she determines that it is in the public interest.
30Term of permit
An exploration permit expires on the fifth anniversary of the day on which it is registered in the greenhouse gas sequestration register, unless it is cancelled or surrendered earlier or unless this Act otherwise provides.
Division 3—Renewals
31Renewal of permit
(1)The Minister may renew an exploration permit for a further 5 years from the date of its expiry.
(2)A renewed exploration permit expires on the tenth anniversary of the day on which the initial permit was registered in the greenhouse gas sequestration register, unless it is otherwise cancelled or surrendered or unless this Act otherwise provides.
(3)The Minister may only renew an exploration permit once.
32Application for renewal
(1)The holder of an exploration permit may apply to the Minister for renewal of the permit.
(2)A renewal application must be given to the Minister at least 90 days before the exploration permit is due to expire.
(3)On the payment of any late fee required by the regulations for the purposes of this section, the Minister may also consider any application for renewal that does not comply with subsection (2).
(4)However, the Minister must not consider any application to renew an exploration permit that is made after the permit has expired.
33Other factors to be considered in renewing permits
(1)The Minister must renew an exploration permit if—
(a)the holder of the permit applies for the renewal in the form and manner required by the Minister; and
(b)the application is accompanied by the renewal fee set out in the regulations for the purposes of this paragraph; and
(c)the permit holder has complied with the conditions of the permit and all applicable laws; and
(d)the application is accompanied by details of the work program the holder of the permit proposes to undertake if the permit is renewed; and
(e)the Minister is satisfied that the proposed work program is adequate.
(2)In any other case the Minister may renew a permit if he or she is satisfied that there are special circumstances that justify the renewal of the permit.
34Permit not to be renewed if key objects not achieved
(1)Despite section 33, the Minister must not renew an exploration permit if the key objects of the work program that were to have been conducted under the permit have not been achieved to the maximum extent that is practicable.
(2)Subsection (1) does not apply if the Minister is satisfied that the failure was the result of one or more events that were beyond the control of the holder of the permit.
35Renewed permit area may be reduced
(1)In renewing an exploration permit, the Minister may reduce the permit area.
(2)The Minister may reduce the permit area under subsection (1) if—
(a)the holder of the permit nominates in the application for renewal under section 32 an area that the holder wishes to relinquish; or
(b)in the opinion of the Minister, it is in the public interest.
36Variation of work programs for renewed permits
(1)If an exploration permit is renewed, the holder of the permit may apply to the Minister for permission to vary the work program.
(2)The Minister may allow the holder of the permit to vary the work program if the Minister is satisfied that the variation will improve the work program.
Division 4—Injection testing plans
37When must an injection testing plan be prepared?
(1)The holder of an exploration permit must prepare an injection testing plan before injecting a liquid or gas into an underground geological storage formation for the purpose of—
(a)testing the behaviour of the injected or stored liquid or gas; or
(b)testing whether the geological formation is geologically suitable for permanently storing greenhouse gas substances.
(2)An injection testing plan must be taken to form part of the operation plan and may be submitted by the holder of an exploration permit—
(a)with the operation plan required under section 209; or
(b)at any later time by submitting a variation to the operation plan under section 212.
38What must an injection testing plan include?
An injection testing plan must include—
(a)information about where and how the injection testing will be conducted; and
(b)details of the liquid or gas that will be injected, including information about the volume of liquid or gas to be injected and the rate at which it is proposed to be injected; and
(c)details about how any risks to public health or the environment associated with the injection testing will be prevented; and
(d)a monitoring and verification plan prepared in accordance with the regulations and detailing how the behaviour of any stored greenhouse gas substance will be monitored; and
(e)a risk management plan prepared in accordance with the regulations; and
(f)information on the potential leakage and migration path of an injected greenhouse gas substance from the underground geological formation.
39Plan to be approved before injection testing can start
The holder of an exploration permit must not carry out injection testing in the permit area unless the Minister has approved the holder's injection testing plan for the permit area.
Penalty:240 penalty units.
40Approval of injection testing plan
(1)Subject to section 41, the Minister may approve an injection testing plan if he or she is satisfied that the proposed injection testing—
(a)will not present a risk to public health or the environment; and
(b)will not present a significant risk of contaminating or sterilising other resources in the permit area.
(2)The Minister may approve an injection testing plan under this section subject to any conditions that he or she considers necessary.
(3)The Minister may refer an injection testing plan to an independent panel or any relevant public authority for a recommendation concerning acceptance of the plan.
41Risk to the environment
(1)For the purposes of determining whether proposed injection testing will present a risk to the environment, the Minister must, within 21 days of receiving an injection and testing plan for approval, provide a copy of the proposed plan to—
(a)the Minister administering the Environment Protection Act 2017;
(b)the Minister administering the Water Act 1989;
(c)the Environment Protection Authority.
(2)A person or body referred to in subsection (1) may make a binding recommendation that the injection and testing plan not be approved or be approved subject to conditions if the person or body is of the opinion that—
(a)the work that is proposed to be carried out under the plan will present a risk to the environment; or
(b)the applicant's proposed risk management plan or monitoring and verification plan in relation to the environment is inadequate.
(3)If a recommendation is made within 40 days after the proposed plan is provided to a person or body under this section, the recommendation is binding on the Minister.
(4)If a person or body requests that the Department provide further information in relation to an application for approval of an injection testing plan, the time in which the person or body may make a recommendation does not include the period from the date that the request for further information is made until the date that the information is received.
42Contamination or sterilisation of a resource
(1)This section applies if, in the opinion of the Minister, the proposed injection testing will present a significant risk of contaminating or sterilising other resources within the permit area but will not present a risk to public health or the environment.
(2)Despite section 40(1)(b), the Minister may approve the plan if—
(a)the holder of an exploration permit has consent to undertake the work proposed in the plan from any holder of a resource authority in the permit area if the resource for which they hold an authority is likely to be contaminated or sterilised; or
(b)in the opinion of the Minister, approval of the plan is in the public interest.
43Consent of other resource authority holders
An exploration permit holder who proposes to undertake injection testing work that will present a significant risk of contaminating or sterilising other resources in the permit area must take all reasonable steps to obtain consent to undertake that work from any holder of a resource authority in the permit area if the resource for which they hold an authority is likely to be contaminated or sterilised.
Penalty:240 penalty units.
44Referral of plans to independent panel
(1)Before approving an injection testing plan, the Minister may refer the plan to an independent panel or any relevant public authority for a recommendation concerning acceptance of the plan.
(2)Despite subsection (1), the Minister must refer an injection testing plan to an independent panel or relevant public authority before determining that approval of the plan is in the public interest in accordance with section 42(2)(b).
45Appointment of panel
(1)The Minister may, by instrument, appoint a panel of persons to consider applications for approval of injection testing plans.
(2)The persons appointed to the panel must be persons who have knowledge of or experience in the matters that the panel is to consider.
(3)Subject to any specifications of the Minister when appointing the panel, a panel may regulate its own proceedings.
(4)The panel must cause a notice to be published in a newspaper circulating generally in the area in which the injection testing work is proposed to be carried out inviting submissions on the approval of the proposed plan within the period specified in the notice.
(5)After considering all submissions referred or made to it, the panel must report its findings in writing to the Minister within the period specified by the Minister.
(6)The panel may include in its report any recommendations that it thinks fit.
(7)A member of a panel is entitled to be paid any fees and allowances fixed by the Governor in Council.
(8)If the Minister does not follow a recommendation made by the panel, he or she must give written reasons for that decision.
46Community consultation
(1)This section applies if an applicant for approval of an injection testing plan is not required to undertake an Environmental Effects Statement in accordance with the Environment Effects Act 1978 in respect of the works proposed in the plan.
(2)The Minister must, on receiving an application for approval of an injection testing plan, cause to be published in a newspaper circulating generally throughout Victoria a notice providing—
(a)that the Minister has received an application for approval of an injection testing plan; and
(b)details of the place or places at which a copy or a summary of the application and a copy or summary of the accompanying plan may be examined; and
(c)that any person or body interested in the application may request and on payment of the prescribed fee receive from the Minister a summary of the application; and
(d)that any person or body interested in the application may within 21 days of the publication of the notice comment in writing on the application; and
(e)that any person or body interested in the application may ask the Minister in writing to be notified if the Minister approves the injection testing plan.
(3)At the expiration of 21 days from the publication of a notice under subsection (2) the Minister may if any written comments have been received from any person or body interested in the application in accordance with subsection (2)(d) hold a conference in accordance with section 47.
(4)The Minister must consider any written comments received under subsection (2)(d) before approving an injection testing plan.
(5)If the Minister receives a request under subsection (2)(e), the Minister must notify the person or body that made the request that it has approved the injection testing plan by—
(a)sending notice of the issue to the person and body (or if a request is made by a number of people or bodies jointly, to a representative of those people or bodies); or
(b)publishing notice of the issue in a newspaper circulating generally throughout Victoria.
47Conferences
(1)If the Minister is of the opinion that a conference of persons concerned in any matter under consideration by the Minister may assist in a just resolution of the matter, the Minister may invite all or any of the interested parties to a conference.
(2)All persons invited to attend a conference under this section must be advised in writing of the time and place at which the conference is to be held.
(3)A conference held under this section must be presided over by the Minister or a person nominated by the Minister for the purpose.
(4)The Minister must take into consideration the discussions and resolutions of any conference under this section and the recommendations of any person presiding at that conference.
48Compensation agreement
(1)If the Minister has approved an injection testing plan in accordance with section 40, the exploration permit holder must not carry out any work under an approved injection testing plan unless—
(a)the permit holder has entered into a compensation agreement with the holder of a resource authority for a resource in the permit area that is likely to be contaminated or sterilised; or
(b)VCAT has determined the amount of compensation that is payable in relation to the proposed work to the holder of a resource authority for a resource in the permit area that is likely to be contaminated or sterilised.
Penalty:240 penalty units.
(2)A person may only make an application to VCAT in respect of a claim after the expiry of any period of time specified for the purposes of this section by the regulations.
(3)A party who makes an application to VCAT is only entitled to have that claim determined by VCAT if VCAT is satisfied that the party has attempted to settle the claim by conciliation, but has not been able to do so because the other party has refused to negotiate a settlement or because both parties are unable to agree.
(a)consist of any code, standard, rule, specification or provision relating to greenhouse gas sequestration operations; and
(b)apply, incorporate or refer to any document formulated or published by any person or body as in force at the time the code of practice is approved or as amended, formulated or published from time to time.
(3)The Minister may approve any revision of the whole or any part of a code of practice or revoke the approval of a code of practice.
(4)The Minister must cause to be published in the Government Gazette notices of—
(a)the approval of a code of practice;
(b)the approval of a revision of the whole or any part of a code of practice;
(c)the revocation of approval of a code of practice.
(5)The Minister must cause a copy—
(a)of every approved code of practice;
(b)if an approved code of practice has been revised and that revision has been approved, of every approved code of practice as so revised;
(c)if an approved code of practice applies, incorporates or refers to any other document, of every such document—
to be made available for inspection by members of the public without charge at the principal office of the Department during normal office hours.
(6)An approved code of practice comes into effect—
(a)on the day on which notice of the approval of the code of practice is published in the Government Gazette or on any later day that may be specified in the notice; and
(b)if the code of practice has been revised in whole or in part, to the extent of that revision on the day on which notice of the approval of that revision is published in the Government Gazette or on any later day that may be specified in the notice.
(7)An approved code of practice ceases to be of effect at the end of the day on which notice of the revocation of the approval of the code of practice is published in the Government Gazette.
(8)A person is not liable to any civil or criminal proceedings only because the person has failed to observe any provision of an approved code of practice.
302Use of codes of practice in proceedings
If in any proceeding under this Act it is alleged that a person contravened a provision of this Act in relation to which an approved code of practice was in effect at the time of the alleged contravention—
(a)the approved code of practice is admissible in evidence in that proceeding; and
(b)if the court is satisfied in relation to any matter which it is necessary for the prosecution to prove in order to establish the alleged contravention that—
(i)a provision of the approved code of practice is relevant to that matter; and
(ii)the person failed at any material time to observe that provision—
that matter must be taken as proved unless the court is satisfied that in respect of that matter the person complied with the provision of this Act otherwise than by way of observance of that provision of the approved code of practice.
303Regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)determining the dimensions, boundaries, form, position and extent of an authority area; and
(b)determining the requirements to be complied with by people who wish to acquire authorities; and
(c)prescribing conditions that are to apply to a particular type of authority or to authorities generally; and
(d)prescribing the fees payable for authorities, and the fees for applications, the processing of applications, renewals, authority variations and extensions, surveys, inspections by inspectors, technical and other assessments, exemptions, registrations in the greenhouse gas sequestration register, inspection of the greenhouse gas sequestration register and access to released information; and
(e)prescribing annual fees payable by the holders of authorities; and
(f)prescribing the rent that is payable by the holders of authorities for occupying Crown land; and
(g)requiring the holders of authorities to submit specified information to the Minister or the Environment Protection Authority and to keep specified information, records and samples; and
(h)requiring information to be contained in work programs, development plans, unit developments, operation plans, injection testing plans, injection and monitoring plans, risk management plans, monitoring and verification plans and other plans, manuals and reports required of authority holders; and
(i)requirements for pecuniary interests statements; and
(j)the greenhouse gas sequestration register and the documents to be registered; and
(k)regulating inquiries and investigations conducted into matters under this Act; and
(l)regulating unit agreements; and
(m)requirements for greenhouse gas infrastructure lines; and
(n)regulating injection testing under an authority; and
(o)regulating injection under an authority; and
(p)regulating monitoring and verification of a greenhouse gas substance; and
(q)prescribing the methods to be adopted if a well is abandoned; and
(r)regulating the injection testing of wells; and
(s)prescribing the equipment, materials and casings that are to be used in greenhouse gas sequestration operations; and
(t)regulating the underground geological storage of greenhouse gas substances; and
(u)generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2)The regulations—
(a)may be of general or of specially limited application; and
(b)may differ according to differences in time, place or circumstance; and
(c)may require a matter affected by the regulations to be—
(i)in accordance with a specified standard or specified requirement; or
(ii)approved by or to the satisfaction of a specified person or a specified class of person; or
(iii)as specified in both subparagraphs (i) and (ii); and
(d)may apply, adopt or incorporate any matter contained in any document whether—
(i)wholly or partially or as amended by the regulations; or
(ii)as in force at a particular time or as in force from time to time; and
(e)may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and
(f)may provide in a specified case or class of case for the exemption of persons or things from any of the provisions of this Act, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and
(g)may impose a penalty not exceeding 20 penalty units for a contravention of the regulations; and
(h)may be expressed as requiring the achievement of a specified object in relation to any particular subject matter; and
(i)may contain provisions of a transitional nature consequent on the transfer of the administration of monitoring and verification activities to the Environment Protection Authority.
PART 18—TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS
Division 1—Water Act 1989 licences
304Transitional provision—Water Act 1989
Nothing in this Act affects the operation of a licence, permit or other authority issued under the Water Act 1989 that was in force immediately before the commencement of section 16 of this Act.
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 12 September 2008
Legislative Council: 16 October 2008
The long title for the Bill for this Act was "A Bill for an Act to regulate the injection, and permanent storage, of greenhouse gas substances in onshore Victoria and to make consequential amendments to other Acts and for other purposes."
The Greenhouse Gas Geological Sequestration Act 2008 was assented to on 5 November 2008 and came into operation as follows:
Sections 1–14, 19–30 and 147–150 on 30 October 2009: Government Gazette 29 October 2009 page 2729; sections 15–18, 31–146, 151–304, 319–323 on 1 December 2009: Special Gazette (No. 439) 1 December 2009 page 1; sections 305–318 on 1 December 2013: section 2(2)–(15).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Greenhouse Gas Geological Sequestration Act 2008 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Greenhouse Gas Geological Sequestration Act 2008, No. 61/2008 (as amended by No. 55/2010)
Assent Date: 5.11.08 Commencement Date: S. 305 on 1.12.13: s. 2(2); s. 306 on 1.12.13: s. 2(3); s. 307 on 1.12.13: s. 2(4); s. 308 on 1.12.13: s. 2(5); s. 309 on 1.12.13: s. 2(6); s. 310 on 1.12.13: s. 2(7); s. 311 on 1.12.13: s. 2(8); s. 312 on 1.12.13: s. 2(9); s. 313 on 1.12.13: s. 2(10); s. 314 on 1.12.13: s. 2(11); s. 315 on 1.12.13: s. 2(12); s. 316 on 1.12.13: s. 2(13); s. 317 on 1.12.13: s. 2(14); s. 318 on 1.12.13: s. 2(15); CurrentState: This information relates only to the provision/s amending the Greenhouse Gas Geological Sequestration Act 2008
Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010
Assent Date: 23.3.10 Commencement Date: S. 800(Sch. 6 item 6) on 1.1.12: s. 2(2) CurrentState: This information relates only to the provision/s amending the Greenhouse Gas Geological Sequestration Act 2008
Energy and Resources Legislation Amendment Act 2010, No. 55/2010
Assent Date: 14.9.10 Commencement Date: Ss 75–79 on 14.10.10: Government Gazette 14.10.10 p. 2404 CurrentState: This information relates only to the provision/s amending the Greenhouse Gas Geological Sequestration Act 2008
Traditional Owner Settlement Act 2010, No. 62/2010
Assent Date: 21.9.10 Commencement Date: S. 139 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1 CurrentState: This information relates only to the provision/s amending the Greenhouse Gas Geological Sequestration Act 2008
Resources Legislation Amendment Act 2011, No. 53/2011
Assent Date: 18.10.11 Commencement Date: Ss 11–14 on 20.3.12: Special Gazette (No. 91) 20.3.12 p. 1 CurrentState: This information relates only to the provision/s amending the Greenhouse Gas Geological Sequestration Act 2008
Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012
Assent Date: 3.4.12 Commencement Date: S. 88 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1 CurrentState: This information relates only to the provision/s amending the Greenhouse Gas Geological Sequestration Act 2008
Resources Legislation Amendment (General) Act 2012, No. 64/2012
Assent Date: 30.10.12 Commencement Date: Ss 41−45 on 1.12.12: Special Gazette (No. 399) 27.11.12 p. 1 CurrentState: This information relates only to the provision/s amending the Greenhouse Gas Geological Sequestration Act 2008
Statute Law Revision Act 2013, No. 70/2013
Assent Date: 19.11.13 Commencement Date: Ss 3(Sch. 1 item 20), 4(Sch. 2 item 23) on 1.12.13: s. 2(1) CurrentState: This information relates only to the provision/s amending the Greenhouse Gas Geological Sequestration Act 2008
Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014, No. 68/2014
Assent Date: 23.9.14 Commencement Date: Ss 5, 7–12 on 1.9.15: s. 2(3) Current State: This information relates only to the provision/s amending the Greenhouse Gas Geological Sequestration Act 2008
Statute Law Revision Act 2015, No. 21/2015
Assent Date: 16.6.15 Commencement Date: S. 3(Sch. 1 item 23) on 30.11.13: s. 2(2)(d) CurrentState: This information relates only to the provision/s amending the Greenhouse Gas Geological Sequestration Act 2008
Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)
Assent Date: 28.8.18 Commencement Date: S. 39 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1 Current State: This information relates only to the provision/s amending the Greenhouse Gas Geological Sequestration Act 2008
Statute Law Repeals Act 2025, No. 3/2025
Assent Date: 11.2.25 Commencement Date: S. 3(Sch. 1 item 4) on 12.2.25: s. 2 Current State: This information relates only to the provision/s amending the Greenhouse Gas Geological Sequestration Act 2008
Statute Law Revision Act 2025, No. 41/2025
Assent Date: 21.10.25 Commencement Date: S. 4(Sch. 2 item 16) on 22.10.25: s. 2 Current State: This information relates only to the provision/s amending the Greenhouse Gas Geological Sequestration Act 2008
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3 Explanatory details
No entries at date of publication.
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