Greenhouse Gas Geological Sequestration (Exemption) Regulations 2018 (Vic)

Version No. 001

Greenhouse Gas Geological Sequestration (Exemption) Regulations 2018

S.R. No. 41/2018

Version as at

31 March 2018

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definitions

6Exemption from provisions of Greenhouse Gas Geological Sequestration Act 2008

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Greenhouse Gas Geological Sequestration (Exemption) Regulations 2018

S.R. No. 41/2018

Version as at

31 March 2018

1Objectives

The objectives of these Regulations are—

(a)to revoke the Greenhouse Gas Geological Sequestration (Exemption) Regulations 2009; and

(b)to exempt the Otway National Research Facility, related activities and persons carrying out related activities from certain provisions of the Greenhouse Gas Geological Sequestration Act 2008.

2Authorising provision

These Regulations are made under section 303 of the Greenhouse Gas Geological Sequestration Act 2008.

3Commencement

These Regulations come into operation on 31 March 2018.

4Revocation

The Greenhouse Gas Geological Sequestration (Exemption) Regulations 2009[1] are revoked.

5Definitions

In these Regulations—

greenhouse gas sequestration activities means—

(a)activities which constitute greenhouse gas sequestration formation exploration; or

(b)greenhouse gas substance injection and monitoring; or

(c)any greenhouse gas geological sequestration research or demonstration activities including exploration, modelling, extraction, processing, separation, capture, transport, injection, monitoring, verification or educational activities;

Otway facility area means—

(a)the area of land to which petroleum production licence 11 granted under the Petroleum Act 1998 and dated 14 May 2002 and petroleum production licence 13 granted under the Petroleum Act 1998 and dated 7 February 2006 apply; and

(b)a 5 kilometre radius from the outer boundaries of the area of land referred to in paragraph (a);

resources law means—

(a)the Environment Protection Act 1970; or

(b)the Petroleum Act 1998; or

(c)the Water Act 1989.

6Exemption from provisions of Greenhouse Gas Geological Sequestration Act 2008

(1)Subject to subregulation (2), the following persons or things are exempt from all the provisions (except sections 14, 15 and 303) of the Greenhouse Gas Geological Sequestration Act 2008—

(a)the Otway National Research Facility;

(b)greenhouse gas sequestration activities in respect of the Otway National Research Facility;

(c)any person carrying out greenhouse gas sequestration activities in relation to the Otway National Research Facility when carried out in the Otway facility area.

(2)An exemption under subregulation (1)(b) or (c) only applies if the greenhouse gas sequestration activity is authorised by an approval or other authority under a resources law.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Greenhouse Gas Geological Sequestration (Exemption) Regulations 2018, S.R. No. 41/2018 were made on 27 March 2018 by the Governor in Council under section 303 of the Greenhouse Gas Geological Sequestration Act 2008, No. 61/2008 and came into operation on 31 March 2018: regulation 3.

The Greenhouse Gas Geological Sequestration (Exemption) Regulations 2018 will sunset 10 years after the day of making on
27 March 2028 (see section 5 of the Subordinate Legislation Act 1994).

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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•    Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•    Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•    Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•    Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Greenhouse Gas Geological Sequestration (Exemption) Regulations 2018 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] Reg. 4: S.R. No. 150/2009.

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Table of Applied, Adopted or Incorporated Matter

Note that the following table of applied, adopted or incorporated matter was included in S.R. No. 41/2018 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5, paragraph (a) of the definition of Otway facility area	Petroleum production licence 11 granted under the Petroleum Act 1998 and dated 14 May 2002 Petroleum production licence 13 granted under the Petroleum Act 1998 and dated 7 February 2006	The whole The whole