Greenhouse Gas Storage Act 2009 (Qld)

Greenhouse Gas Storage Act 2009

An Act to facilitate greenhouse gas geological storage

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Greenhouse Gas Storage Act 2009.

2   Commencement

Chapters 2 and 3 commence on a day to be fixed by proclamation.

Part 2    Purposes and application of Act

3   Purposes of Act and their achievement

(1)The main purpose of this Act is to help reduce the impact of greenhouse gas emissions on the environment.

(2)The main purpose is achieved principally by facilitating the process called greenhouse gas geological storage, also called greenhouse gas storage (GHG storage).

(3)This Act facilitates GHG storage by—

(a)providing for the granting of authorities (called ‘GHG authorities’) to explore for or use underground geological formations or structures to store carbon dioxide, or carry out related activities; and

(b)creating a regulatory system for the carrying out of activities relating to GHG authorities.

(4)Other purposes of this Act are to ensure the following for the carrying out of the activities—

(a)minimisation of conflict with other land uses;

(b)constructive consultation with people affected by the activities;

(c)appropriate compensation for owners or occupiers adversely affected by the activities;

(d)responsible land and resource management.

4   Facilitation of Act by Petroleum and Gas (Production and Safety) Act 2004

The Petroleum and Gas (Production and Safety) Act 2004 (the P&G Act) also facilitates the operation of this Act by—

(a)providing for survey licences under that Act to be able to be granted for potential GHG stream pipelines; and

(b)providing for pipeline licences under that Act to be able to be granted for GHG streams; and

(c)applying chapter 9 of that Act (the P&G Act safety provisions) to particular authorised activities for GHG authorities; and

(d)applying its provisions about investigations and some of its provisions about enforcement to authorised activities for GHG authorities.

5   Act binds all persons

(1)This Act binds all persons, including the State, and to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

6   Application of Act to coastal waters of the State

(1)This Act applies to the coastal waters of the State as if the coastal waters of the State were part of the State.

(2)However, this Act does not apply to the adjacent area under the Petroleum (Submerged Lands) Act 1982.

Note—

The definition of the adjacent area in the Petroleum (Submerged Lands) Act 1982, section 4(1) is extended for pipelines under that Act, part 3, division 4. The provisions effectively cover pipelines in the coastal waters of the State.

7   Relationship with Nature Conservation Act 1992

This Act is subject to the Nature Conservation Act 1992, sections 27 and 70QA.

Editor’s note—

Nature Conservation Act 1992, sections 27 (Prohibition on mining, geothermal activities and GHG storage activities) and 70QA (Prohibition on mining, geothermal activities and GHG storage activities in forest reserves)

8   Relationship with Geothermal Act and principal mining and petroleum Acts

The relationship between this Act and the following Acts is provided for under chapter 4, parts 2 to 8 and—

(a)for the Geothermal Act—chapter 5, parts 2 to 8 of that Act;

(b)for the Mineral Resources Act—chapter 9 of that Act;

(c)for the 1923 Act—section 40(1A) and part 6FA of that Act;

(d)for the P&G Act—chapter 3A of that Act.

8AA   Relationship with Common Provisions Act

The relationship between this Act and the Common Provisions Act is provided for under the Common Provisions Act, section 6.

8A   Declaration for Commonwealth Act

A GHG authority is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

9   Act does not affect other rights or remedies

(1)Subject to sections 269, 338A and 425 this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(2)Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

(3)In addition, a breach of an obligation under this Act does not of itself give rise to an action for breach of statutory duty or another civil right or remedy.

(4)This Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.

10   [Repealed]

Part 3    Interpretation

Division 1 Dictionary

11   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

Division 2 Key definitions

12   What is a GHG stream

(1)A GHG stream is a stream of carbon dioxide or a substance that overwhelmingly consists of carbon dioxide.

(2)The stream may be in a gaseous or liquid state.

Note—

The lawful use by a GHG tenure holder of any particular GHG stream for injection or GHG stream storage is subject to requirements under chapters 2 and 3 and to approval of the relevant work program or development plan.

13   What is a GHG stream storage site

A GHG stream storage site is—

(a)the spatial extent of an underground geological formation or structure that is suitable to store a GHG stream (a GHG storage reservoir); and

(b)the site at which a GHG stream is or may be injected into the GHG storage reservoir.

14   What is GHG stream storage

(1)GHG stream storage is—

(a)the process of injecting a GHG stream into a GHG storage reservoir for the purpose of storing the injected GHG stream in the reservoir; and

(b)monitoring the behaviour of the injected GHG stream in the reservoir.

(2)To remove any doubt, it is declared that injecting a GHG stream for the purpose of enhanced petroleum recovery authorised under the 1923 Act or the P&G Act is not GHG stream storage.

15   What is GHG storage exploration

GHG storage exploration is carrying out an activity for the purpose of finding GHG stream storage sites.

16   What is GHG storage injection testing

GHG storage injection testing is the evaluation or testing of an underground geological formation or structure for GHG stream storage by injecting carbon dioxide or water into it.

17   What is a GHG stream pipeline

(1)A GHG stream pipeline is a pipe or system of pipes for transporting a GHG stream for GHG stream storage.

(2)A reference to a GHG stream pipeline includes—

(a)a part of the pipeline; and

(b)a thing connected to or associated with the pipeline that is necessary for its operation.

Examples of things that may be included in a reference to a pipeline—

•meter stations, scraper stations, valve stations, pumping stations or compressor stations

•plant and equipment, machinery and tanks

•corrosion protection apparatus

•communications equipment and towers

18   Types of authority under Act

(1)The types of authority under this Act are—

(a)a GHG exploration permit (also called a GHG permit)—

(i)granted under section 40; or

Note—

See also sections 431 (Conversion of Zerogen’s P&G Act ATPs) and 432 (New GHG permit for Zerogen).

(ii)continued in force under section 95 or 116; or

(iii)renewed under section 96; and

(b)a GHG injection and storage lease (also called a GHG lease) granted under section 117 or 130; and

(c)a GHG injection and storage data acquisition authority (also called a GHG data acquisition authority) granted under section 235.

(2)GHG permits and GHG leases are collectively referred to as a GHG tenure.

(3)All authorities under this Act are collectively referred to as a GHG authority.

19   Who is an eligible person

An eligible person is—

(a)an adult; or

(b)a company or a registered body under the Corporations Act; or

(c)a government owned corporation.

20   What are the conditions of a GHG authority

(1)The conditions of a GHG authority are—

(a)the conditions stated in it from time to time; and

(b)the GHG authority holder’s obligations under chapters 2 to 5; and

(c)any condition of the GHG authority under chapters 2 to 5; and

(d)a condition that the holder must ensure each person acting for the holder who carries out an authorised activity for the GHG authority complies with its conditions to the extent they apply to the carrying out of the activity.

Note—

For who may carry out an authorised activity for the holder, see section 338 (Who may carry out authorised activity for GHG authority holder).

(2)A condition mentioned in subsection (1)(b) or (c) is a mandatory condition of the GHG authority.

21   What are the provisions of a GHG authority

(1)A reference in this Act to a GHG authority includes a reference to its provisions.

(2)A reference in this Act to the provisions of a GHG authority is a reference to its mandatory or other conditions and anything written in it.

22   What is an authorised activity for a GHG authority

An authorised activity, for a GHG authority, is an activity that its holder is under this Act or the authority, entitled to carry out in relation to the authority.

Notes—

1The provisions of the GHG authority may restrict the carrying out of authorised activities. See sections 41, 97, 120, 236 and 379(2).

2The carrying out of authorised activities is subject to the restrictions and the holder’s rights and obligations under chapters 2 to 5. See section 337.

3The carrying out of particular activities on particular land in a GHG authority’s area may not be authorised following the taking of the land under a resumption law. See section 369B.

23   What is a GHG storage activity

A GHG storage activity is any authorised activity for any GHG authority, whether or not a GHG authority has been granted for the activity.

24   What is a work program for a GHG permit

(1)The work program for a GHG permit is its current initial or later work program approved under chapter 2, part 4 as amended from time to time under that part.

(2)For subsection (1), the work program is current if the period to which the program applies has started and not ended.

25   What is a development plan for a GHG lease

(1)The development plan for a GHG lease is its current initial or later development plan approved under chapter 3, part 5 as amended from time to time under that part.

(2)For subsection (1), the development plan is current if the period to which the plan applies has started and has not ended.

26   [Repealed]

26A   What is a resource Act

A resource Act is any of the following—

•this Act;

•the Geothermal Act;

•the Mineral Resources Act;

•the 1923 Act;

•the P&G Act.

Part 4    State ownership of GHG storage reservoirs

27   GHG storage reservoirs the property of the State

(1)All GHG storage reservoirs in land in the State are and are taken always to have been the property of the State.

(2)To remove any doubt, it is declared that—

(a)a person does not acquire any property in a GHG storage reservoir or petroleum in it only because the person creates or discovers the reservoir; and

Note—

For other provisions about the ownership of petroleum, see the P&G Act, sections 26 to 28 and chapter 2, part 6, division 3.

(b)subsection (1) applies whether or not the land is freehold or other land.

(3)This section applies despite any other Act, grant, title or other document in force from the commencement of this section.

(4)In this section—

the State does not include any of the adjacent area under the Petroleum (Submerged Lands) Act 1982.

28   Reservation in land grants

(1)This section applies to each grant under another Act of a right relating to land.

(2)This section applies whether the grant was made before or after the commencement of this section.

(3)The grant is taken to contain a reservation to the State of—

(a)all GHG storage reservoirs in the land, whenever created; and

(b)the exclusive right to do the following in relation to the land—

(i)to enter and carry out any GHG storage activity;

(ii)to authorise under the provisions of this Act or another Act others to carry out any GHG storage activity;

(iii)to regulate under the provisions of this Act or another Act GHG storage activities carried out by others.

Note—

See however, section 420 (Provision for entry by State to carry out GHG storage activity).

(4)In this section—

grant, of a right, includes an authority, lease, licence, permit or other instrument of tenure, however called.

Chapter 2    GHG exploration permits

Notes—

1For the requirement to have a GHG tenure, see section 386.

2Chapter 4 imposes requirements for and restrictions on the granting of, and restrictions on authorised activities that may be carried out under, particular GHG tenures. See section 182.

Part 1    Key authorised activities

29   Operation of pt 1

This part provides for the key authorised activities for a GHG permit.

Notes—

1For other authorised activities, see the Common Provisions Act, chapter 3, part 2, division 4.

2For general restrictions on authorised activities, their relationship with owners’ and occupiers’ rights and who may carry out authorised activities for a GHG authority holder, see chapter 5, part 12, division 3.

3The carrying out of particular activities on particular land in a GHG permit’s area may not be authorised following the taking of the land under a resumption law. See section 369B.

30   Principal authorised activities

The GHG permit holder may carry out the following activities in the permit’s area—

(a)GHG storage exploration;

(b)evaluating the feasibility of GHG stream storage, including for example, by GHG storage injection testing;

(c)plugging and abandoning, or otherwise remediating, a bore or well the holder reasonably believes is a legacy borehole, and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.

31   Incidental activities

(1)The GHG permit holder may carry out any other activity (an incidental activity) in the permit’s area if carrying it out is reasonably necessary for or is incidental to GHG storage exploration.

Examples of incidental activities—

1constructing or operating facilities, plant or works, including for example, communication systems, compressors, powerlines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks

2constructing or using temporary structures or structures of an industrial or technical nature, including for example, mobile and temporary camps

(2)However, constructing or using a structure other than a temporary structure, for office or residential accommodation is not an incidental activity.

Part 2    Obtaining GHG permits

Division 1 Preliminary

32   Operation of pt 2

(1)This part provides for a process for the granting of GHG permits by competitive tender.

(2)To remove any doubt, it is declared that a GHG permit can only be granted under this part.

Division 2 Competitive tenders

33   Call for tenders

(1)The Minister may by gazette notice invite tenders for a GHG permit (a call for tenders) for land other than unavailable land for a GHG permit.

(2)The call must state—

(a)the day and time by which tenders in response to it must be made (the closing time for the call); and

(b)any criteria (special criteria) other than the work program criteria and capability criteria proposed to be used to decide whether to grant the GHG permit or to decide its provisions.

(3)The call may state other relevant matters, including for example, matters relevant to the work program criteria and capability criteria.

34   Right to tender

(1)An eligible person may by a tender made under section 35, tender for a proposed GHG permit the subject of a call for tenders.

(2)However, a tender can not be made—

(a)after the closing time for the call; or

(b)for only part of the proposed GHG permit’s area.

35   Requirements for making tender

A tender for a GHG permit must—

(a)be made to the Minister in the approved form; and

(b)include—

(i)a statement about how and when the tenderer proposes to consult with and keep informed each owner and occupier of private or public land on which authorised activities for the proposed GHG permit are or are likely to be carried out; and

(ii)a proposed work program that complies with the initial work program requirements; and

(iii)a statement about the extent to which the tenderer has—

(A)the financial and technical resources to carry out authorised activities for the proposed GHG permit; and

(B)the ability to manage GHG storage exploration; and

(c)state that the applicant agrees to, as soon as practicable after the grant of the GHG permit to the applicant, give each of the owners or occupiers a notice—

(i)describing the activities proposed to be carried out on the land; and

(ii)stating where and when the activities will be carried out; and

(d)be accompanied by the fee prescribed under a regulation.

35A    Rejection of tender if tenderer disqualified

(1)The Minister must reject a tender for a GHG permit if the Minister decides the tenderer is disqualified under the Common Provisions Act, chapter 7 from being granted the GHG permit.

(2)On rejection of the tender, the Minister must give the tenderer a notice about the decision.

36   [Repealed]

37   Right to terminate call for tenders

(1)The Minister may by gazette notice terminate a call for tenders at any time before deciding whether to grant a GHG permit to a person who has made a tender in response to the call.

(2)All tenders in response to the call lapse when the call is terminated.

(3)No amount, whether by way of compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the termination.

Division 3 Deciding tenders

38   Process for deciding tenders

Subject to section 42, any process the Minister considers appropriate may be used to decide a call for tenders, including for example, by a process appointing a preferred tenderer on the tenders made in response to the call.

39   Provisions for preferred tenderers

(1)The Minister may require a preferred tenderer for the call for tenders to—

(a)pay any amounts necessarily incurred or to be incurred to enable the GHG permit to be granted; and

(b)to do all or any of the following within a stated reasonable period—

(i)pay the annual rent for the first year of the GHG permit;

(ii)give under section 271, security for the GHG permit.

(2)If a preferred tenderer does not—

(a)comply with a requirement under subsection (1); or

(b)do all things reasonably necessary to allow a GHG permit to be granted to the tenderer;

the Minister may appoint another tenderer to be the preferred tenderer.

40   Deciding whether to grant GHG permit

(1)The Minister may, after the closing time for the call for tenders—

(a)grant a GHG permit to 1 tenderer; or

(b)refuse to grant any GHG permit.

(2)However—

(a)before deciding to grant the GHG permit, the Minister must decide whether to approve the applicant’s proposed initial work program for the permit; and

(b)the Minister can not grant the GHG permit unless—

(i)the tenderer is an eligible person; and

(ii)the proposed program has been approved; and

(iii)a relevant environmental authority has been issued.

Note—

If a tender relates to acquired land, see also section 369C.

41   Provisions of GHG permit

(1)Each GHG permit must state its term and area.

(2)The term—

(a)must be for at least the required program period for the initial work program for the GHG permit under the call for tenders; but

(b)must end no later than 12 years after the GHG permit takes effect.

(3)The GHG permit may also state—

(a)conditions or other provisions of the GHG permit other than conditions or provisions that are—

(i)inconsistent with the mandatory conditions for GHG permits; or

(ii)the same as or substantially the same as or inconsistent with any relevant environmental condition; and

(b)the day it takes effect; and

(c)GHG permit’s relinquishment days.

(4)However, the provisions of the GHG permit may exclude or restrict the carrying out of an authorised activity for the permit.

(5)The day of effect must not be before the day the GHG permit is granted.

(6)If no day of effect is stated, the GHG permit takes effect on the day it is granted.

(7)The first relinquishment day must not be later than 4 years after the day the GHG permit is to take effect.

(8)The second and any later relinquishment days must not be later than 4 years after the previous relinquishment day.

(9)If relinquishment days are not stated, they are taken to be—

(a)the day that is the fourth anniversary of the GHG permit’s day of effect; and

(b)each day during its term that is the end of a 4 yearly interval after the day of effect.

42   Criteria for decisions

(1)In deciding whether to grant a GHG permit or deciding its provisions the Minister must consider—

(a)any special criteria; and

(b)the applicant’s proposed initial work program; and

(c)the extent to which the Minister is of the opinion that the tenderer is capable of carrying out authorised activities for the GHG permit, having regard to the tenderer’s—

(i)financial and technical resources; and

(ii)ability to manage GHG storage exploration.

(2)The matters mentioned in subsection (1)(c) are the capability criteria.

(3)A person satisfies the capability criteria if the Minister forms the opinion mentioned in subsection (1)(c).

43   Notice to unsuccessful tenderers

After a call for tenders has been decided, the Minister must give each tenderer not granted the GHG permit notice of the decision.

Part 3    Area provisions

44   Area of GHG permit

(1)This section provides for the area of a GHG permit.

(2)The area does not include excluded land for the GHG permit.

Note—

See also section 369B(3) if land in the GHG permit’s area is taken under a resumption law.

(3)Unless the Minister otherwise decides, the area must form a single parcel of land.

(4)The area must not include any of the following (unavailable land)—

(a)land in the area of another GHG tenure;

(b)land in the Great Artesian Basin;

(c)excluded land for a GHG tenure;

(d)land that a regulation prescribes as land over which a GHG permit can not be granted.

(5)The area may include a part of a block only if the part is all areas within the block that are left after taking away all unavailable land within the block (a residual block).

Note—

See also section 369B(3) if land in the GHG permit’s area is taken under a resumption law.

(6)The area must be no more than 100 blocks or residual blocks, in any combination.

45   References to sub-blocks of GHG permit

(1)This section applies if a GHG permit states that its area includes land within a block without including or excluding any particular sub-block.

(2)The reference to the block is a reference to all sub-blocks within the block to the extent they do not consist of unavailable land.

Note—

See also section 369B(3) if land in the GHG permit’s area is taken under a resumption law.

(3)To remove any doubt, it is declared that if land within any of the sub-blocks ceases to be unavailable land, the cessation itself does not cause the land to be within the permit’s area.

46   Minister’s power to decide excluded land

(1)The Minister may decide excluded land for a GHG permit or proposed GHG permit.

(2)However, the power under subsection (1) may be exercised only when the Minister is deciding whether to—

(a)grant or renew the GHG permit; or

(b)approve any later work program for the GHG permit.

(3)However, excluded land can not be a whole block.

(4)Excluded land may be described in a way the Minister considers appropriate, including for example, by area or by reference to a stated type of land.

(5)Land ceases to be excluded land for a GHG permit if—

(a)the block in which the land is located is relinquished or for any other reason ceases to be in the permit’s area; or

(b)a GHG lease is granted over any of the GHG permit’s area and the land is excluded land for the lease.

47   Minister may add excluded land

(1)The Minister may amend a GHG permit by adding excluded land for the GHG permit to its area only if—

(a)the GHG permit as amended complies with section 44; and

(b)the GHG permit holder consents.

(2)If land mentioned in subsection (1) is added to the GHG permit’s area the land ceases to be excluded land for the permit.

(3)The Minister may amend the provisions of the GHG permit in a way that reflects the inclusion of the excluded land.

(4)Also, the Minister may give the GHG permit holder a notice—

(a)withdrawing from a stated day, the approval of the work program for the GHG permit; and

(b)directing the holder to give the Minister a proposed later work program for the GHG permit that—

(i)complies with the later work program requirements; and

(ii)changes the work program for the GHG permit to reflect the inclusion of the excluded land.

Note—

For other relevant provisions about giving a document to the Minister, see section 411.

(5)The amended provisions of the GHG permit or the proposed later work program must not be—

(a)inconsistent with the mandatory conditions for GHG permits; or

(b)the same as or substantially the same as or inconsistent with any relevant environmental condition.

48   Area of GHG permit reduced on grant of GHG lease

(1)Land ceases to be included in the area of a GHG permit if a GHG lease is granted to the permit holder over the land.

(2)If a GHG lease is granted to the GHG permit holder over all of the area of a GHG permit, the permit ends.

49   Effect of ending of declaration of potential storage area

(1)This section applies if—

(a)all or part of the area of a GHG permit is a potential storage area; and

(b)the declaration of the potential storage area ends more than 12 years after the GHG permit originally took effect.

(2)If the declaration applied to a part of the GHG permit’s area, the part ceases to be included in the area.

(3)If the declaration applies to all of the GHG permit’s area, the permit ends.

Part 4    Work programs

Division 1 Function and purpose

50   Function and purpose

(1)The work program for a GHG permit gives detailed information about the nature and extent of activities to be carried out under the permit.

(2)The purposes of giving the information are to—

(a)allow resource management decisions to be made; and

(b)ensure appropriate development of the GHG permit.

Division 2 Requirements for proposed initial work programs

51   Operation of div 2

This division provides for requirements (the initial work program requirements) for a proposed work program for a proposed GHG permit.

52   Program period

(1)The proposed program must state its period.

(2)The period must be the same as the required period under the relevant call for tenders.

53   General requirements

(1)The proposed program must provide for all of the following—

(a)an overview of the activities proposed to be carried out under the proposed GHG permit during all of its term;

(b)for each year of the program period—

(i)the extent and nature of GHG storage exploration proposed to be carried out during the year; and

(ii)generally where the activities are proposed to be carried out; and

(iii)the estimated cost of the activities;

(c)maps that show where the activities are proposed to be carried out;

(d)the composition of GHG streams proposed to be injected under the GHG permit;

(e)a description of any pipeline land for the GHG permit;

(f)reasons why the program is considered appropriate;

(g)another matter prescribed under a regulation.

(2)The proposed program may include any other information relevant to the work program criteria.

(3)The composition of GHG streams to be injected under the proposed GHG permit must comply with section 83.

(4)A regulation may impose requirements about the form of the work program.

(5)In this section—

year, of the program period, means—

(a)the period starting on the day the program period starts and ending on the first anniversary of that day; and

(b)each subsequent period of 12 months or less during the program period starting on each anniversary of that day and ending on—

(i)the next anniversary of that day; or

(ii)if the program period ends before the next anniversary—the day the program period ends.

54   Water issues

(1)In preparing the proposed work program, the proposed GHG permit holder must have regard to potential groundwater issues.

(2)The proposed work program must include a plan for the treatment and disposal of any water taken or that may be taken because of the carrying out of authorised activities for the proposed GHG permit.

Division 3 Approval of proposed initial work programs

Note—

For the requirement for approval of an initial work program, see section 40 (Deciding whether to grant GHG permit).

55   Criteria

(1)In deciding whether to approve a proposed initial work program the Minister must consider—

(a)the potential of the proposed area of the GHG permit for GHG storage exploration; and

(b)the extent and nature of and when and where the tenderer proposes to carry out the proposed GHG storage exploration; and

(c)any relevant authorisation required under the Water Act.

(2)The matters mentioned in subsection (1) are the work program criteria.

56   Verification may be required

(1)The Minister may by notice require the applicant to give the Minister within a stated reasonable period a document made by an appropriately qualified independent person that verifies—

(a)an assessment of data supplied in the proposed initial work program; or

(b)the source of the data; or

(c)the work done for the proposed program; or

(d)that, in the person’s opinion, the applicant has—

(i)the financial and technical resources to carry out authorised activities for the proposed GHG permit; and

(ii)the ability to manage GHG storage exploration.

(2)If the applicant does not comply with the requirement, the Minister may refuse to approve the proposed program.

(3)The applicant must pay any costs incurred in complying with the requirement.

57   Referral to Water Act Minister

The Minister can not approve the proposed work program unless—

(a)the Minister has given the Water Act Minister a copy of the proposed work program; and

(b)the Water Act Minister has approved the proposed work program to the extent it relates to potential groundwater issues.

Division 4 Requirements for proposed later work programs

58   Operation of div 4

This division provides for requirements (the later work program requirements) for a proposed later work program for a GHG permit.

Note—

For the requirements to give a proposed later work program, see sections 91 (Obligation to give proposed later work program), 138 (Minister may add excluded land) and 379 (Types of noncompliance action that may be taken).

59   General requirements

The proposed program must—

(a)other than for the program period, comply with the initial work program requirements; and

(b)state the extent to which the current work program for the GHG permit has been complied with; and

(c)if there have been any amendments to the GHG permit or the current work program, state—

(i)whether the changes have been incorporated in the proposed program; and

(ii)any effect the changes have on the proposed program; and

(d)state the effect of the discovery of any GHG stream storage site on the proposed program.

60   Program period

(1)The proposed program must state its period.

(2)The period must not be longer than—

(a)if the term of the rest, or the renewed term, of the GHG permit is less than 4 years—the rest of its term or renewed term; or

(b)if the term of the rest, or the renewed term, of the GHG permit is 4 years or more, the following—

(i)generally—4 years from the start of the period;

(ii)if the Minister approves a longer period—the longer period.

(3)However, the Minister can not approve a period longer than the rest of the term or renewed term of the GHG permit.

61   Implementation of evaluation program for potential storage area

If under section 103, an evaluation program is taken to be an additional part of the existing work program for the GHG permit, the proposed program must include work necessary to implement the evaluation program for the period of that program.

Division 5 Approval of proposed later work programs

62   Application of div 5

This division applies if, under this Act, a proposed later work program is given to the Minister for approval.

63   GHG permit taken to have work program until decision on whether to approve proposed work program

(1)This section applies until—

(a)if the approval is given—the holder is given notice of the approval; or

(b)if the approval is refused—when the refusal takes effect.

(2)Despite the ending of the program period for the current work program for the GHG permit—

(a)the GHG permit is taken to have a work program; and

(b)the holder may carry out any authorised activity for the GHG permit.

64   Deciding whether to approve proposed program

(1)The Minister may approve or refuse to approve the proposed program.

(2)In deciding whether to approve the proposed program the Minister must consider each of the following—

(a)the work program criteria and capability criteria and any special criteria that applied for deciding the application for the GHG permit;

(b)the extent to which the current work program has been complied with;

(c)any amendments made to the GHG permit or its current work program and the reasons for the changes;

(d)any GHG storage viability report or independent viability assessment for the GHG permit.

(3)Also, if the GHG permit was granted in response to a tender, any other work program proposed by other tenderers for the permit must be considered.

(4)However, subsection (3) applies only to the extent the other program includes the period of the proposed plan.

65   Steps after, and taking effect of, decision

(1)If the Minister decides to approve the proposed later work program, the Minister must give the holder notice of the decision.

(2)If the Minister decides to refuse to approve the later work program, the Minister must give the holder an information notice about the decision.

(3)An approval takes effect when the holder is given the notice or if the notice states a later day of effect, on that later day.

(4)A refusal does not take effect until the end of the appeal period for the decision to refuse.

Division 6 Amending work programs

66   Restrictions on amending work program

(1)A GHG permit holder may amend the work program for the permit only if—

(a)an application for approval of the amendment has been made under this division and the amendment has been approved under this division; and

(b)if the amendment is to extend the period of the work program—the requirements under subsection (2) have been complied with.

(2)For subsection (1)(b), the requirements are each of the following—

(a)if the work program is the initial work program for the GHG permit—the Minister must be satisfied the work program needs to be amended for a reason beyond the holder’s control;

(b)the period of the work program, or any earlier work program for the GHG permit, must not have previously been extended;

(c)the extension can not be for a term that ends later than—

(i)1 year after the current period of the work program; or

(ii)12 years after the GHG permit originally took effect;

(d)within 3 months before the making of the application—

(i)a person (the designated person) became a holder of the GHG permit; or

(ii)a person (also the designated person) obtained registration of a transfer of a share in the GHG permit;

(e)the share or proposed share of the designated person in the GHG permit is at least 50%;

(f)the designated person is not under the Corporations Act, section 64B, an entity connected with another person who is a holder of the GHG permit.

67   Applying for approval to amend

(1)A GHG permit holder may apply for approval to amend the work program for the permit.

(2)However, the application can not be made less than 20 business days before the end of the period stated in the work program for carrying out work under the program.

(3)Subsection (2) does not apply if the Minister is satisfied the work program needs to be amended for a reason beyond the holder’s control.

Note—

For other relevant provisions about applications, see chapter 7, part 1.

68   Requirements for making application

The application must be—

(a)made to the Minister in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

69   Deciding application

(1)If the proposed amendment—

(a)does not relate to the initial work program for the GHG permit; and

(b)is to substitute the carrying out of an authorised activity (the original activity) with another authorised activity;

the Minister may approve the amendment only if satisfied the other activity is at least of an equivalent use for GHG storage exploration as the original activity.

(2)If the application is to extend the period of the work program for the GHG permit, the Minister may approve the amendment only if satisfied—

(a)the requirements under section 66(2) have been complied with; and

(b)the designated person mentioned in section 66(2) is likely to provide additional financial or technical resources for the GHG permit; and

(c)the work program will be finished within the period of the extension.

Note—

For additional provisions about relinquishment if the period is extended, see sections 72(1)(c) and 90.

(3)Otherwise, the Minister may approve the amendment only if satisfied it is necessary because of a circumstance—

(a)not related to—

(i)the applicant’s financial or technical resources or ability to manage GHG storage exploration; or

(ii)the results of exploration; and

(b)the happening of which is or was beyond the applicant’s control; and

(c)that could not have been prevented by a reasonable person in the applicant’s position.

(4)Also, if the amendment is approved under subsection (3), any relinquishment day for the GHG permit may be deferred for a period relating to a circumstance mentioned in subsection (3).

(5)A deferral under subsection (4)—

(a)can not be for longer than 12 years after the GHG permit took effect; and

(b)does not defer any later relinquishment day for the GHG permit.

(6)If under this section an amendment is approved, a condition may be imposed on the GHG permit requiring its holder to relinquish by a notice to the chief executive at least a stated percentage of the permit’s area on or before a stated day.

70   Steps after, and taking effect of, decision

(1)If the Minister decides to approve the proposed amendment, the Minister must give the holder notice of the decision.

(2)If the Minister decides to refuse to approve the proposed amendment, the Minister must give the applicant an information notice about the decision.

(3)The refusal takes effect when the holder is given the notice or if the notice states a later day of effect, on that later day.

Part 5    Key mandatory conditions

Division 1 Preliminary

71   Operation of pt 5

This part provides for particular mandatory conditions for GHG permits.

Division 2 Standard relinquishment condition and related provisions

72   Standard relinquishment condition

(1)It is a condition (the relinquishment condition) of each GHG permit that its holder must relinquish part of its area as provided for under this division—

(a)on or before each of its relinquishment days; and

(b)if section 76(3) applies—on the day provided for under that subsection; and

(c)if under part 4, division 6, the period of the work program for the GHG permit has been extended—the day on which the extended period ends.

(2)However, if under section 69(4), a relinquishment day for the GHG permit (the original day) is deferred for a stated period, for the relinquishment condition—

(a)the relinquishment that was required on or before the original day is taken to have been deferred until the end of the stated period; but

(b)the relinquishments required under the relinquishment condition on any later relinquishment days for the GHG permit must be made as if the deferral has not been granted.

(3)A relinquishment required under the relinquishment condition—

(a)must be made by notice to the chief executive (a relinquishment notice); and

(b)takes effect on the day after the notice is given.

(4)This section does not prevent the holder from relinquishing by relinquishment notice more than the part provided for under this division.

73   Consequence of failure to comply with relinquishment condition

(1)If the holder of a GHG permit does not comply with the relinquishment condition, the Minister must give the holder a notice requiring the holder to comply with the condition within 20 business days after the giving of the notice.

(2)If the holder does not comply with the requirement, the GHG permit is cancelled.

74   Part usually required to be relinquished

(1)This section applies for the relinquishment for—

(a)each relinquishment day for the GHG permit; and

(b)any other day mentioned in section 72(1)(b) or (c) that applies to the GHG permit.

(2)The relinquishment must have the effect that by the day at least 8.33% of the original sub-blocks of the permit have been relinquished for each year that has passed since the GHG permit originally took effect.

(3)This section is subject to sections 76 and 77.

75   Sub-blocks that can not be counted towards relinquishment

(1)The following can not be counted as sub-blocks relinquished for the relinquishment condition—

(a)sub-blocks relinquished under a condition imposed under section 69(6);

(b)sub-blocks in an area that under section 48, have ceased to be included in the GHG permit;

(c)the mere declaration of the sub-blocks as a potential storage area for the GHG permit;

(d)sub-blocks the subject of an application for a GHG lease or potential storage area;

(e)sub-blocks relinquished under a penalty relinquishment.

(2)To remove any doubt, it is declared that a potential storage area can be relinquished and can be counted as an area relinquished for the relinquishment condition.

(3)In this section—

penalty relinquishment means a relinquishment that is—

(a)made under section 90 or under a requirement under section 379(1)(b); and

(b)more than the sub-blocks required to be relinquished under the relinquishment condition.

76   Adjustments for sub-blocks that can not be counted

(1)This section applies for a relinquishment day if after taking away all sub-blocks that under section 75 can not be counted for the relinquishment condition, the balance of the sub-blocks of the GHG permit is less than the sub-blocks required to be relinquished under section 74.

(2)The relinquishment condition is taken to have been complied with if the GHG permit holder gives a relinquishment notice for all of the balance.

(3)However, if—

(a)a sub-block not counted for the relinquishment condition was the subject of an application for a GHG lease or potential storage area; and

(b)the result of the application is that it is refused;

the GHG permit holder must within 20 business days after the appeal period for the decision to refuse give a relinquishment notice for that sub-block.

77   Adjustment for particular potential storage areas

If the only way to comply with the relinquishment condition is to relinquish all or part of a potential storage area for the GHG permit, the relinquishment condition is taken to be complied with if all remaining original sub-blocks of the permit are relinquished.

78   Relinquishment must be by blocks

(1)A relinquishment under the relinquishment condition can only be by blocks.

(2)However, if a block contains an area that, under section 75 can not be counted as a relinquishment, subsection (1) is complied with if all of the rest of the land within the block is relinquished.

79   Ending of GHG permit if all of its area relinquished

If all of the area of a GHG permit is relinquished, the permit ends.

Division 3 Other mandatory conditions

80   Compliance with test plan for GHG storage injection testing

(1)A GHG permit holder may carry out GHG storage injection testing only in accordance with the following—

(a)a test plan for that purpose approved by the Minister;

(b)all conditions of the approval.

(2)The holder may ask the Minister to approve a test plan proposed by the holder.

(3)The proposed test plan must comply with any requirements prescribed under a regulation.

(4)The Minister may impose conditions on the granting of the approval.

(5)If the Minister decides to refuse to approve the proposed test plan or to impose conditions on the granting of the approval, the Minister must give the holder an information notice about the decision.

81   Restriction on substances that may be used for GHG storage injection testing

A GHG permit holder can not use a substance other than a GHG stream or water for injection for GHG storage.

82   Restriction on substances that may be used for GHG stream storage

A GHG permit holder can not use a substance other than a GHG stream for GHG stream storage.

83   Restriction on GHG streams that may be used

A GHG permit holder may use a GHG stream for GHG storage injection testing or GHG stream storage only if it consists only of carbon dioxide and—

(a)a substance incidentally derived from—

(i)the process called carbon dioxide capture, transport and geological storage, also called carbon capture and storage; or

(ii)GHG storage; or

(b)a detection agent prescribed under a regulation at the rate or concentration prescribed under a regulation.

Note—

A stream is a GHG stream only if is a stream of carbon dioxide or a substance that overwhelmingly consists of carbon dioxide. See section 12 (What is a GHG stream).

84   Water Act authorisation required for taking or interference with water

A GHG permit holder can not take or interfere with water as defined under the Water Act unless the taking or interference is authorised under that Act.

Note—

For relevant Water Act provisions, see sections 19 and 808 of that Act.

85   Obligation to consult with particular owners and occupiers

(1)A GHG permit holder must consult or use reasonable endeavours to consult with each owner and occupier of private or public land on which authorised activities for the permit are proposed to be carried out or are being carried out.

(2)The consultation must be about—

(a)access; and

(b)the carrying out of authorised activities for the GHG permit (including, for example, crossing access land for the permit) to the extent they relate to the owners and occupiers; and

(c)the GHG permit holder’s compensation liability to the owners or occupiers.

86   Annual rent

(1)A GHG permit holder must pay the State the annual rent as prescribed under a regulation.

(2)The annual rent must be paid in the way, and on or before the day prescribed under a regulation.

87   Civil penalty for non-payment of annual rent

(1)If a GHG permit holder does not pay the annual rent as required under section 86, the holder must also pay the State a civil penalty.

(2)The amount of the penalty is 15% of the rent.

(3)The penalty—

(a)must be paid on the day after the last day for payment of the rent; and

(b)is still payable even if the holder later pays the rent.

Note—

See also section 372 (Interest on amounts owing to the State).

88   Requirement to have work program

The holder of a GHG permit must have a work program for the permit.

89   Compliance with GHG storage exploration activities in work program

A GHG permit holder must carry out the GHG storage exploration activities proposed in the permit’s work program.

90   Penalty relinquishment if work program not finished within extended period

(1)If—

(a)under part 4, division 6, the period of the work program for a GHG permit has been extended; and

(b)the work program is not finished on or before the day on which the extended period ends;

its holder must relinquish a part of the original sub-blocks of the GHG permit that the Minister is satisfied corresponds to the amount of the work under the work program that was not finished.

(2)The holder must give the chief executive written notice of the relinquishment within 20 business days after the end of the extended period.

(3)If the holder does not comply with subsection (2), the Minister may take action under section 379(1)(b).

91   Obligation to give proposed later work program

(1)This section imposes an obligation on a GHG permit holder to give the Minister a proposed later work program for the permit.

Notes—

1For approval of the proposed program, see part 4, division 5.

2If the holder wishes to renew the GHG permit, a proposed later work program must be included in the renewal application. See section 94(1).

(2)The obligation is complied with only if the proposed later work program—

(a)complies with the later work program requirements; and

(b)is accompanied by the relevant fee.

(3)A proposed later work program must be given to the Minister at least 40 but no more than 100 business days before the end of the program period for the current work program for the GHG permit (the current work program period).

(4)However, if before the end of the current work program period a decision is made to refuse to approve a proposed later work program given under subsection (3), the holder may within the period give another proposed later work program.

(5)If the holder does not give the Minister any proposed later work program before the end of the current work program period or if subsection (4) applies and the holder has not given the Minister another proposed later work program within the current work program period—

(a)the Minister must give the holder a notice requiring the holder to give the Minister a proposed later work program for the GHG permit within 40 business days after the giving of the notice; and

(b)the holder must comply with the requirement.

(6)In this section—

relevant fee, for the giving of the proposed program, means—

(a)if the proposed program is given within the time required under subsection (3)—the fee prescribed under a regulation; or

(b)if the proposed program is given after the time required under subsection (3)—

(i)if it is given under subsection (4)—nil; or

(ii)if it is not given under subsection (4)—an amount that is 10 times the prescribed fee.

92   Consequence of failure to comply with notice to give proposed later work program

(1)If a GHG permit holder does not comply with a requirement under section 91(5)(a), the permit is cancelled.

(2)However, the cancellation does not take effect until the Minister gives the holder a notice stating that the GHG permit has been cancelled because of the operation of subsection (1).

92A    Power to impose or amend condition if changed holder of GHG permit

(1)This section applies if 1 of the following changes happens—

(a)an entity starts or stops controlling the holder of a GHG permit under the Corporations Act, section 50AA;

(b)the holder of a GHG permit starts or stops being a subsidiary of a corporation under the Corporations Act, section 46.

(2)The Minister may consider whether, after the change, the holder of the GHG permit has the financial and technical resources to comply with the conditions of the GHG permit.

(3)If the Minister considers the holder of the GHG permit may not have the financial and technical resources to comply with conditions of the GHG permit, the Minister may impose another condition on, or amend a condition of, the GHG permit.

(4)If the Minister believes a change mentioned in subsection (1) may have happened, the Minister may require the holder of the GHG permit to give the Minister information or a document about whether or not the change has happened.

(5)Before deciding to impose another condition on, or amend a condition of, the GHG permit under subsection (3), the Minister may require the holder of the GHG permit to give the Minister information or a document the Minister requires to make the decision.

(6)A requirement under subsection (4) or (5) must—

(a)be made by notice given to the holder; and

(b)state a period of at least 10 business days within which the holder must comply with the requirement.

(7)Before deciding to impose another condition on, or amend a condition of, the GHG permit under subsection (3), the Minister must give the holder of the permit a notice stating—

(a)the proposed decision; and

(b)the reasons for the proposed decision; and

(c)that the holder may, within 10 business days after the notice is given, make submissions to the Minister about the proposed decision.

(8)The Minister may extend the period mentioned in subsection (6)(b) or (7)(c) by notice given to the holder of the GHG permit.

(9)In deciding whether to impose another condition on, or amend a condition of, the GHG permit under subsection (3), the Minister—

(a)must consider information or a document, if any, given under subsection (6)(b) or (7)(c); and

(b)may consider any other matter the Minister considers relevant.

(10)If the Minister decides to impose another condition on, or amend a condition of, the GHG permit under subsection (3), the Minister must, as soon as practicable after making the decision, give the holder a notice stating the decision and the reasons for the decision.

Part 6    Renewals

93   Conditions for renewal application

(1)A GHG permit holder may apply to renew the permit only if none of the following is outstanding—

(a)annual rent for the GHG permit;

(b)a civil penalty under section 87 for non-payment of annual rent;

(c)security required for the GHG permit, as required under section 271;

(d)interest payable under section 372 on annual rent or a civil penalty.

(2)Also, the application can not be made—

(a)more than 60 business days before the end of the GHG permit’s term; or

(b)after the GHG permit has ended.

94   Requirements for making application

(1)The application must—

(a)be made to the Minister in the approved form; and

(b)include a statement about how and when the applicant proposes to consult with and keep informed each owner and occupier of private or public land on which authorised activities for the renewed GHG permit are or are likely to be carried out; and

(c)include a proposed later work program for the renewed GHG permit; and

(d)be accompanied by—

(i)the application fee prescribed under a regulation; and

(ii)if the application is made less than 20 business days before end of the GHG permit’s term—an amount that is 10 times the application fee.

(2)The proposed work program must comply with the later work program requirements.

95   Continuing effect of GHG permit for renewal application

(1)This section applies if before the application is decided the GHG permit’s term ends.

(2)Despite the ending of the term, the GHG permit continues in force until the earlier of the following to happen—

(a)the start of any renewed term of the GHG permit;

(b)a refusal of the application takes effect;

(c)the application is withdrawn;

(d)the GHG permit is cancelled under this Act.

(3)Also, if the applicant has applied for a declaration of a potential storage area for the GHG permit, it continues in force until the declaration application is decided but only for the area of the proposed GHG potential storage area applied for.

(4)If the GHG permit is continued in force under subsection (3), the evaluation program included in the declaration application is taken to be the work program for the permit.

(5)If the GHG permit is renewed, subsections (2) and (3) are taken never to have applied for the period from the end of the term of the GHG permit being renewed as stated in that permit.

96   Deciding application

(1)The Minister may grant or refuse the renewal.

(2)However—

(a)before deciding to grant the renewal, the Minister must decide whether to approve the applicant’s proposed later work program for the renewed GHG permit; and

(b)the renewal can not be granted unless—

(i)the proposed program has been approved; and

(ii)the applicant satisfies the capability criteria; and

(iii)the Minister is satisfied the applicant—

(A)continues to satisfy any special criteria that applied for deciding the application for the GHG permit being renewed; and

(B)has substantially complied with the GHG permit being renewed; and

(iv)a relevant environmental authority has been issued.

Note—

If the application relates to acquired land, see also section 369C.

(3)Also, if the applicant has been given a notice under section 107 to apply for a GHG lease, the application must not be decided until the issue of whether a GHG lease will be granted is decided.

(4)Subsection (3) does not limit the power under section 108 to take a proposed action as stated in the notice.

(5)The Minister may as a condition of deciding to grant the application require the applicant to do all or any of the following within a stated reasonable period—

(a)pay the annual rent for the first year of the renewed GHG permit;

(b)give under section 271, security for the renewed GHG permit.

(6)If the applicant does not comply with the requirement, the application may be refused.

97   Provisions and term of renewed GHG permit

(1)Subject to this section, section 41 applies to the renewed GHG permit as if it were a GHG permit granted under part 2.

(2)To remove any doubt, it is declared that the conditions of the renewed GHG permit may be different from the conditions or other provisions of the GHG permit being renewed.

(3)The area of the renewed GHG permit must not be more than the area of the GHG permit being renewed immediately before the renewed GHG permit is to take effect.

Note—

See, however, section 369C in relation to acquired land that was previously in the area of the GHG permit being renewed.

(4)The first relinquishment day for the renewed GHG permit must not be later than 4 years after the day the renewed GHG permit is to take effect.

(5)If the renewed GHG permit is decided before the end of the term of the GHG permit being renewed as stated in that GHG permit (the previous term), the term of the renewed GHG permit is taken to start from the end of the previous term.

(6)If the renewed GHG permit is decided after the previous term, the term of the renewed GHG permit starts immediately after the end of the previous term, but—

(a)the conditions of the renewed GHG permit do not start until its holder is given notice of them; and

(b)until the notice is given, the conditions of the GHG permit being renewed apply to the renewed GHG permit as if they were its conditions.

(7)The term of the renewed GHG permit must not end more than 12 years from when it originally took effect.

(8)However, if any part of the renewed GHG permit’s area is a potential storage area, the term of the renewed GHG permit for that part may be for a longer period that—

(a)ends no later than when the declaration ends; and

(b)is no more than the last term of the GHG permit being renewed.

(9)To remove any doubt, it is declared that subsection (8)(b) does not prevent a renewal of the renewed GHG permit.

98   Criteria for decisions

In deciding whether to grant the renewal or deciding the provisions of the renewed GHG permit the Minister must consider—

(a)the work program criteria; and

(b)whether the applicant continues to satisfy the capability criteria and any special criteria.

99   Information notice about refusal

If the Minister decides to refuse the application, the Minister must give the applicant an information notice about the decision.

100   When refusal takes effect

A refusal of the application does not take effect until end of the appeal period for the decision to refuse.

Part 7    Potential storage areas

101   Applying for potential storage area

(1)The holder of a GHG permit may apply for a declaration by the Minister that all or a stated part of its area is a potential storage area for the permit.

(2)The application must be—

(a)made to the Minister in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(3)The application may be made—

(a)for more than 1 part of the GHG permit’s area; and

(b)even if another part of the GHG permit’s area is already a potential storage area.

(4)The application must include—

(a)a report for or that includes the proposed potential storage area that—

(i)meets the requirements under section 246 for a GHG storage viability report; and

(ii)is still relevant to the circumstances of the proposed potential storage area; and

(b)an evaluation program for—

(i)potential GHG stream storage in the proposed potential storage area; and

(ii)market opportunities for potential GHG stream storage.

(5)However, subsection (4)(a) does not apply if—

(a)a GHG storage viability report or an independent viability assessment relates to or includes the proposed potential storage area; and

(b)the report or assessment is still relevant to the circumstances of the proposed potential storage area.

102   Deciding potential storage area application

(1)The Minister may declare an area the subject of the application to be a potential storage area only if satisfied—

(a)the area is no more than is needed to cover the maximum extent of a GHG stream storage site identified in the report; and

(b)the applicant does not and will not soon have an available GHG stream for GHG stream storage in the area to be declared, but a GHG stream is likely to become available for GHG stream storage in the area.

(2)The area declared must form a single parcel of land.

(3)In deciding the application, regard must be had to whether the conditions of the relevant GHG permit have been substantially complied with.

(4)To remove any doubt, it is declared that the declaration may be made even if the GHG permit has been continued in force under section 95 or 116.

(5)If the Minister decides to refuse the application, the Minister must give the applicant an information notice about the decision.

103   Inclusion of evaluation program in work program

(1)If the declaration is made, the evaluation program that accompanied the application is taken to be an additional part of the existing work program for the GHG permit.

(2)If there is an inconsistency between the evaluation program and the rest of the work program, the evaluation program prevails to the extent of the inconsistency.

104   Term of declaration

(1)A declaration of a potential storage area continues in force for the period stated in the declaration.

(2)The period can not be more than 10 years.

(3)In deciding a shorter period the Minister must consider—

(a)when any discovery of a GHG stream storage site was made; and

(b)any GHG storage viability report or independent viability assessment for or that includes the proposed potential storage area.

(4)Despite subsection (1), the declaration ceases if the GHG permit holder gives the chief executive a notice stating that the holder no longer wishes the area to be a potential storage area.

Note—

For other relevant provisions about giving a document to the chief executive, see section 411.

105   Potential storage area still part of GHG permit

A declaration of a potential storage area does not change the land the subject of the declaration from being—

(a)part of the area of the GHG permit the subject of the application for the declaration; and

(b)subject to the GHG permit.

Part 8    Provisions to facilitate transition to GHG lease

106   Application of pt 8

This part applies if the Minister reasonably considers the holder of a GHG permit should apply for a GHG lease for all or part of the permit’s area because a GHG stream is or soon will be available for GHG stream storage in the area.

107   Ministerial direction to apply for GHG lease

(1)The Minister may give the GHG permit holder a notice stating each of the following—

(a)that the Minister proposes to do either of the following, (the proposed action) unless the holder has made an appropriate lease application—

(i)excise a stated area from the area of the GHG permit;

(ii)cancel the GHG permit;

(b)the grounds for the proposed action;

(c)the facts and circumstances forming the basis for the grounds;

(d)that the holder may within a stated period, make submissions to the Minister about why the holder should not make a GHG lease application for the stated area.

Note—

For other relevant provisions about making a submission, see section 411.

(2)The stated period must be reasonable but must not be more than 6 months.

(3)In this section—

appropriate lease application means a GHG lease application for—

(a)the stated area or an area that is substantially the same as the stated area; or

(b)another area the Minister reasonably considers will effectively allow the holder to carry out authorised activities for a GHG lease in relation to the stated area.

108   Taking proposed action

(1)Proposed action under section 107 may be taken only if—

(a)the stated period under that section has ended; and

(b)either—

(i)the holder has not made an appropriate GHG lease application under that section; or

(ii)any appropriate lease application under that section made by the holder has been refused; and

(c)the Minister has considered any submissions made by the holder within the period.

(2)The decision does not take effect until the holder is given an information notice about the decision.

(3)A refusal of the application takes effect at end of the appeal period for the decision to refuse.

Chapter 3    GHG injection and storage leases

Notes—

1For the requirement to have a GHG tenure, see section 386.

2Chapter 4 imposes requirements for and restrictions on the granting of, and restrictions on authorised activities that may be carried out under, particular GHG tenures. See section 182.

Part 1    Key authorised activities

109   Operation of pt 1

This part provides for the key authorised activities for a GHG lease.

Notes—

1For other authorised activities, see the Common Provisions Act, chapter 3, part 2, division 4.

2For general restrictions on authorised activities, their relationship with owners’ and occupiers’ rights and who may carry out authorised activities for a GHG authority holder, see chapter 5, part 12, division 3.

3The carrying out of particular activities on particular land in the GHG lease’s area may not be authorised following the taking of the land under a resumption law. See section 369B.

110   Principal authorised activities

The GHG lease holder may carry out the following activities in the lease’s area—

(a)GHG storage exploration;

(b)evaluating the feasibility of GHG stream storage, including for example, by GHG storage injection testing;

(c)compressing or otherwise processing a GHG stream for GHG stream storage;

(d)GHG stream storage;

(e)monitoring and verifying the behaviour of the GHG streams;

(f)plugging and abandoning, or otherwise remediating, a bore or well the holder reasonably believes is a legacy borehole, and rehabilitating the surrounding area in compliance with the requirements prescribed under a regulation.

111   GHG stream pipeline and water pipeline construction and operation

(1)The GHG lease holder may construct and operate GHG stream pipelines and water pipelines in the lease’s area.

Note—

The P&G Act provides for the granting of licences that will allow the investigation and surveying for, and the construction and operation of, GHG stream pipelines outside the area of a GHG lease. See sections 16, 394 and 402 of that Act.

(2)However, if a GHG stream pipeline or water pipeline extends beyond the area of the GHG lease, subsection (1) applies only if the pipeline is completely within—

(a)the GHG lease’s area; and

(b)the area of 1 or more other GHG leases that are—

(i)contiguous to the GHG lease; and

(ii)also held by the holder or are subject to a GHG coordination arrangement to which the holder is a party.

(3)Also, if the pipeline is a water pipeline, the pipeline may only be operated to transport water for the carrying out of an authorised activity for the GHG lease or another GHG lease mentioned in subsection (2)(b) on an area mentioned in subsection (2).

(4)Subsection (3) does not prevent the GHG lease holder from constructing or operating a water pipeline if the holder can otherwise lawfully do so.

(5)In this section—

operate, a GHG stream pipeline, includes use, inspect, test, maintain, repair, alter, add to and replace the pipeline.

water pipeline means—

(a)a pipe or system of pipes for transporting water; and

(b)a thing connected to or associated with the pipeline that is necessary for its operation, including for example, a thing mentioned in the examples to section 17(2)(b).

112   Incidental activities

(1)The GHG lease holder may carry out an activity (an incidental activity) in the lease’s area if carrying out the activity is reasonably necessary for or is incidental to another authorised activity for the lease.

Examples of incidental activities—

1constructing or operating facilities, plant or works, including for example, communication systems, compressors, powerlines, pumping stations, reservoirs, roads, evaporation or storage ponds and tanks

2constructing or using temporary structures or structures of an industrial or technical nature, including for example, mobile and temporary camps

(2)However, constructing or using a structure other than a temporary structure, for office or residential accommodation is not an incidental activity.

Part 2    Transition from GHG permit to GHG lease

Division 1 Applying for GHG lease

113   Who may apply

(1)A GHG permit holder may apply for a GHG lease over all or part of the permit’s area.

Note—

For inclusion of acquired land that was previously in the GHG permit’s area, see section 369C(3).

(2)Also, a person other than the holder may apply for the GHG lease—

(a)jointly with the holder; or

(b)with the holder’s consent.

(3)An application under this section is a permit-related application.

114   Requirements for making permit-related application

A permit-related application must—

(a)be made to the Minister in the approved form; and

(b)address the capability criteria; and

(c)include—

(i)a statement about how and when the applicant proposes to consult with and keep informed each owner and occupier of private or public land on which authorised activities for the proposed GHG lease are or are likely to be carried out; and

(ii)a proposed development plan that complies with the initial development plan requirements; and

(iii)a statement about the extent to which the applicant has—

(A)the financial and technical resources to carry out authorised activities for the proposed GHG lease; and

(B)the ability to manage GHG stream storage; and

(d)be accompanied by the fee prescribed under a regulation.

115    Rejection of permit-related application if applicant disqualified

(1)The Minister must reject a permit-related application for a GHG lease if the Minister decides the person making the application is disqualified under the Common Provisions Act, chapter 7 from being granted the GHG lease.

(2)On rejection of the application, the Minister must give the person making the application a notice about the decision.

116   Continuing effect of GHG permit for permit-related application

(1)This section applies if other than for subsection (2), the relevant GHG permit would other than by cancellation under this Act, end before the permit-related application is decided.

(2)The GHG permit continues in force for the area the subject of the application until the earlier of the following to happen—

(a)the start of the term of the GHG lease;

(b)a refusal of the application takes effect;

(c)the application is withdrawn.

(3)Despite any ending of the program period for the current work program for the GHG permit—

(a)the GHG permit is taken to have a work program; and

(b)the holder may carry out any authorised activity for the GHG permit.

Division 2 Deciding permit-related applications

117   Deciding whether to grant GHG lease

(1)Subject to sections 119 and 121, the Minister may grant a GHG lease applied for under a permit-related application only if the Minister is satisfied the requirements mentioned in section 118 (the requirements for grant) have been complied with.

Note—

If the application relates to acquired land that was previously in the relevant GHG permit’s area, see also section 369C.

(2)The application must be refused if the Minister is not satisfied any requirement for grant other than the requirement mentioned section 118(1)(c) has been complied with.

(3)If the Minister is satisfied the requirements for grant other than the requirement mentioned section 118(1)(c) have been complied with, the Minister may grant the GHG lease.

118   Requirements for grant

(1)The requirements for grant are each of the following—

(a)the applicant is an eligible person;

(b)the proposed area of the proposed GHG lease—

(i)is appropriate for the authorised activities proposed to be carried out; and

(ii)contains an adequately identified GHG stream storage site that is adequate for the proposed purpose of the GHG lease;

(c)the conditions of the relevant GHG permit have been substantially complied with;

(d)the Minister has approved the applicant’s proposed initial development plan for the GHG lease;

(e)a relevant environmental authority has been issued;

(f)the applicant has established that—

(i)GHG stream storage in the GHG lease’s area is or is likely to happen within 5 years after the lease is to take effect; or

(ii)the applicant has entered into a contract, GHG coordination arrangement or other arrangement for GHG stream storage in the GHG lease’s area (a relevant arrangement);

(g)the applicant has paid the annual rent for the first year of the proposed GHG lease;

(h)the applicant has given under section 271, security for the GHG lease;

(i)the Minister is of the opinion that the applicant is capable of carrying out authorised activities for the GHG lease having regard to the applicant’s—

(i)financial and technical resources; and

(ii)ability to carry out GHG stream storage.

(2)The matters mentioned in subsection (1)(i) are the capability criteria.

(3)A person satisfies the capability criteria if the Minister forms the opinion about the person mentioned in subsection (1)(i).

119   Exception for particular relevant arrangements

The application may be refused if the Minister—

(a)is not satisfied of the matter under section 118(1)(f)(i); and

(b)is satisfied the applicant has entered into a relevant arrangement, but the Minister reasonably believes—

(i)the arrangement is not an arms-length commercial transaction; or

(ii)supply under the arrangement is unlikely to be carried out.

120   Provisions of GHG lease

(1)A GHG lease must state its area.

(2)A GHG lease may also state—

(a)conditions or other provisions of the GHG lease other than conditions or provisions that are—

(i)inconsistent with the mandatory conditions for GHG leases; or

(ii)the same as or substantially the same as or inconsistent with any relevant environmental condition; and

(b)a day for the GHG lease to take effect; and

(c)a day by which GHG stream storage under the GHG lease is to start (the storage commencement day).

(3)However, the provisions of the GHG lease may exclude or restrict the carrying out of an authorised activity for the lease.

(4)The day of effect must not be before the day the GHG lease is granted.

(5)If no day of effect is decided, the GHG lease takes effect on the day it is granted.

(6)The storage commencement day may be more than 5 years after the day of effect only if the Minister is satisfied the holder has entered into a relevant arrangement.

(7)In deciding the provisions of the GHG lease the Minister must consider the development plan criteria and capability criteria.

(8)This section applies subject to section 121.

121   Provisions about grant and conditions of GHG lease for coordinated project

(1)This section applies if a proposed GHG lease is for a coordinated project.

(2)The Minister must not grant the GHG lease until the Minister has been given the Coordinator-General’s report for the project.

(3)Any Coordinator-General’s conditions for the GHG lease must be stated in the lease.

(4)Any other condition of the GHG lease stated under section 120 must not be inconsistent with the Coordinator-General’s conditions.

(5)If a mandatory condition for GHG leases conflicts with any of the Coordinator-General’s conditions, the mandatory condition prevails to the extent of the inconsistency.

(6)In this section—

Coordinator-General’s conditions, for the proposed GHG lease, means the conditions for the lease stated in the Coordinator-General’s report for the coordinated project.

Coordinator-General’s report, for a coordinated project, means—

(a)if an EIS was prepared for the project—the Coordinator-General’s report for the EIS prepared under the State Development Act, section 34D; or

(b)if an IAR was prepared for the project—the Coordinator-General’s report for the IAR prepared under the State Development Act, section 34L.

EIS means an EIS under the State Development Act.

IAR means an IAR under the State Development Act.

122   Information notice about refusal

If the Minister decides to refuse the application, the Minister must give the applicant an information notice about the decision.

123   When refusal takes effect

A refusal of the application does not take effect until the end of the appeal period for the decision to refuse.

Part 3    Obtaining GHG lease by competitive tender

Division 1 Preliminary

124   Operation of pt 3

(1)This part provides for a process for the granting of GHG leases by competitive tender.

(2)To remove any doubt, it is declared that a GHG lease can only be granted under this part or part 2.

Division 2 Calls for tenders

125   Call for tenders

(1)The Minister may by gazette notice invite tenders for a GHG lease (a call for tenders) for land other than unavailable land for a GHG lease.

(2)The call must state—

(a)the day and time by which tenders in response to it must be made (the closing time for the call); and

(b)any criteria (special criteria) other than the development plan criteria and capability criteria proposed to be used to decide whether to grant the GHG lease or to decide its provisions.

(3)The call may state other relevant matters, including for example, matters relevant to the development plan, capability or special criteria.

126   Right to tender

(1)An eligible person may tender for a proposed GHG lease the subject of a call for tenders.

(2)However, a tender—

(a)must comply with the requirements under section 114 for making a permit-related application; and

(b)must be made to the Minister in the approved form; and

(c)can not be made—

(i)after the closing time for the call; or

(ii)for only part of the area of the proposed GHG lease.

126A    Rejection of tender if tenderer disqualified

(1)The Minister must reject a tender for a proposed GHG lease if the Minister decides the tenderer is disqualified under the Common Provisions Act, chapter 7 from being granted the GHG lease.

(2)On rejection of the tender, the Minister must give the tenderer a notice about the decision.

127   Right to terminate call for tenders

(1)The Minister may by gazette notice terminate a call for tenders at any time before deciding whether to grant a GHG lease to a person who has made a tender in response to the call.

(2)All tenders in response to the call lapse when the call is terminated.

(3)No amount, whether by way of compensation, reimbursement or otherwise, is payable by the State to any person for or in connection with the termination.

Division 3 Deciding tenders

128   Process for deciding tenders

Subject to section 132, any process the Minister considers appropriate may be used to decide a call for tenders, including for example, by a process appointing a preferred tenderer on the tenders made in response to the call.

129   Provisions for preferred tenderers

(1)The Minister may require a preferred tenderer for the call for tenders to—

(a)pay any amounts necessarily incurred or to be incurred to enable the GHG lease to be granted; and

(b)to do all or any of the following within a stated reasonable period—

(i)pay the annual rent for the first year of the GHG lease;

(ii)give security for the GHG lease as required under section 271.

(2)If a preferred tenderer does not—

(a)comply with a requirement under subsection (1); or

(b)do all things reasonably necessary to allow a GHG lease to be granted to the tenderer;

the Minister may appoint another tenderer to be the preferred tenderer.

130   Deciding whether to grant GHG lease

(1)The Minister may, after the closing time for the call for tenders—

(a)grant a GHG lease to 1 tenderer; or

(b)refuse to grant any GHG lease.

(2)However—

(a)before deciding to grant the GHG lease, the Minister must decide whether to approve the applicant’s proposed initial development plan for the GHG lease; and

(b)the Minister can not grant the GHG lease unless—

(i)the tenderer is an eligible person; and

(ii)the proposed plan has been approved; and

(iii)the Minister is satisfied the requirements for grant other than the requirement mentioned in section 118(1)(c) have been complied with; and

(iv)a relevant environmental authority has been issued.

Note—

If a tender relates to acquired land, see also section 369C.

(3)This section applies subject to section 121.

131   Provisions of GHG lease

Sections 120 and 121 apply to a GHG lease granted under this part as if the tender for the lease was a permit-related application.

132   Criteria for decisions

(b)an application, under section 101(1), for a declaration that all or part of the area of EPQ10 is a potential storage area.

(2)On the commencement, the application or request is taken to be withdrawn.

Division 3 Other provisions

461    Withdrawal of undecided applications for proposed GHG permits

(1)This section applies in relation to each of the following applications made, but not decided, before the commencement—

(a)the application made by CTSCo for the proposed GHG permit described as ‘EPQ12’;

(b)the application made by Origin for the proposed GHG permit described as ‘EPQ16’;

(c)the application made by Origin for the proposed GHG permit described as ‘EPQ17’.

(2)On the commencement, the applications are taken to be withdrawn.

(3)In this section—

Origin means Origin Energy Future Fuels Pty Ltd ACN 105 431 534.

462    No compensation payable by the State

(1)No compensation is payable by the State to any person for or in connection with the enactment or operation of a relevant amendment or anything done to carry out or give effect to a relevant amendment.

(2)This section applies despite any other Act or law.

463   Transitional regulation-making power

(1)A regulation (a transitional regulation) may make provision about a matter for which—

(a)it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition—

(i)from the operation of this Act as in force before the commencement of a relevant amendment; and

(ii)to the operation of this Act as in force after the commencement of the relevant amendment; and

(b)this Act does not provide or sufficiently provide.

(2)A transitional regulation may have retrospective operation to a day not earlier than the day the relevant amendment commences.

(3)A transitional regulation must declare it is a transitional regulation.

(4)This section and any transitional regulation expire on the day that is 3 years after the day this section commences.

Schedule 1 Decisions subject to appeal

section 395(1)

Section reference	Description of decision
GHG permits
64	refusal to approve proposed later work program
69	refusal to approve amendment to work program
69	imposition of condition about relinquishment for amendment to work program
80	refusal to approve proposed test plan
80	decision to impose condition on proposed test plan
96	refusal to renew GHG permit
102	refusal of application for declaration of potential storage area
108	decision to take proposed action under section 107 for GHG permit
GHG leases
117	decision not to grant a GHG lease on ATP-related application
154	refusal to approve proposed later development plan
158	refusal to approve amendment to development plan
161	refusal to approve proposed test plan
161	decision to impose condition on proposed test plan
179	refusal to approve surrender of GHG lease
GHG coordination arrangements
193	cancellation of GHG coordination arrangement
Decisions under chapter 5
271	decision to require security for GHG authority other than security in the form and amount prescribed under section 271(2)
272	decision to require increase in total security required to more than the prescribed amount under section 271(2) when the requirement is made
364	decision to give a serious situation direction
371	decision to take action to ensure compliance with a requirement under this Act of a GHG authority holder other than action to which the holder has agreed
Noncompliance action
383	decision to take noncompliance action for GHG authority
Decisions under Common Provisions Act
19(2)	decision to refuse to approve a prescribed dealing, or to approve a prescribed dealing with conditions
23(3)	decision to refuse to give indicative approval, or to give indicative approval with conditions
59(2)	imposition of condition on entry on public land, other than a condition agreed to or requested by the relevant GHG authority holder
59(7)	variation of condition imposed on entry on public land, other than a variation agreed to or requested by the relevant GHG authority holder
64(1)	decision to give road use direction

Schedule 2 Dictionary

section 11

1923 Act means the Petroleum Act 1923.

1923 Act petroleum tenure see the 1923 Act, section 2.

access agreement ...

access land, for a GHG authority, see section 287(3).

access rights see section 287(2).

acquired land—

1

Land is acquired land if—

(a)it was taken under a resumption law, other than by taking or otherwise creating an easement; and

(b)under section 369A, all GHG interests relating to the land were extinguished on the taking.

2

However, land mentioned in paragraph 1 stops being acquired land if it is included in the area of a new or renewed GHG tenure granted under this Act.

ADR ...

advanced activity ...

ALA means the Acquisition of Land Act 1967.

appeal period, for a decision, means the period provided for under section 396 for starting an appeal against the decision.

applicant, for chapter 4, part 3, see section 195(a).

application includes a tender in response to a call for tenders.

apply, in relation to making an application, has the meaning affected by section 411.

appropriately qualified, for the performance of a function or exercise of a power, includes having the qualifications, experience and competence to perform the function or exercise the power.

approved form means the form approved under section 428.

area—

1

The area, of a GHG authority, is the land to which the authority is subject as recorded in the register.

2

The area of an authority, tenement or tenure granted under another resource Act is its area as defined under that Act or the area to which the authority, tenement or tenure is subject under that Act.

assessable transfer ...

associated agreement ...

ATP means an authority to prospect.

authorised activity, for a GHG authority, see section 22.

authority to prospect means an authority to prospect under the 1923 Act or the P&G Act.

block see the Common Provisions Act, section 11A(1).

call for tenders—

(a)for chapter 2, part 2—see section 33(1); or

(b)for chapter 3, part 3—see section 125(1).

capability criteria—

(a)for chapter 2—see section 42(2); or

(b)for chapter 3—see section 118(2).

closing time, for a call for tenders—

(a)for a GHG permit—see section 33(2)(a); or

(b)for a GHG lease—see section 125(2)(a).

Common Provisions Act means the Mineral and Energy Resources (Common Provisions) Act 2014.

compensation agreement ...

compensation application ...

compensation liability see the Common Provisions Act, section 81(2).

conditions, of a GHG authority, see section 20.

conduct and compensation agreement see the Common Provisions Act, section 83(1).

conduct and compensation agreement requirement ...

conference election notice ...

construct, a structure, includes placing the structure.

contiguous, for land, means abutting, with at least 1 side in common.

conviction includes a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.

coordinated project means a project declared under the State Development Act, section 26, to be a coordinated project.

costs, incurred by the State, includes the cost of services that the State provides for itself.

dangerous situation means a situation relating to geothermal activity under the Geothermal Act, a GHG stream or petroleum or fuel gas in which an inspector under the P&G Act reasonably believes an imminent risk of material harm to persons or property is likely if action is not taken to avoid, eliminate or minimise the risk.

data acquisition activities see section 233(1).

dealing, in relation to a GHG authority, means a dealing with a resource authority, under the Common Provisions Act, that is a GHG authority.

deferral agreement see the Common Provisions Act, section 44(1).

development plan, for a GHG lease, see section 25(1).

development plan criteria see section 147(2).

drill includes to bore.

election notice ...

election notice ...

eligible claimant ...

eligible person see section 19.

enhanced petroleum recovery means producing petroleum by injecting a substance including for example, GHG, into a natural underground reservoir as defined under the P&G Act.

enter a place includes the exercise of the rights in relation to the place under section 423.

entry notice ...

entry period ...

Environmental Protection Act means the Environmental Protection Act 1994.

excluded land—

(a)for a GHG permit—means excluded land for the permit decided under section 46; or

(b)for a GHG lease—means excluded land for the lease decided under section 137.

executive officer, of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or the person’s position is given the name of executive officer.

exploration authority (non-GHG), for chapter 4, see section 184.

fee includes tax.

first authority ...

formed road means any existing road or track on private or public land used or that may reasonably be capable of being used to drive or ride motor vehicles.

Geothermal Act means the Geothermal Energy Act 2010.

geothermal exploration permit ...

geothermal lease see the Geothermal Act, section 19(1)(b).

geothermal permit see the Geothermal Act, section 19(1)(a).

geothermal tenure see the Geothermal Act, section 19(2).

GHG means greenhouse gas.

GHG assessment criteria see section 196(1)(b).

GHG authority see section 18(3).

GHG coordination arrangement see section 186(3).

GHG data acquisition authority means a GHG injection and storage data acquisition authority.

GHG exploration permit (also called a GHG permit) see section 18(1)(a).

GHG injection and storage data acquisition authority (also called a GHG data acquisition authority) see section 18(1)(c).

GHG injection and storage lease (also called a GHG lease) see section 18(1)(b).

GHG interest means—

(a)a GHG authority; or

(b)a right existing under, or in relation to, a GHG authority.

GHG lease means a GHG injection and storage lease.

GHG permit means a GHG exploration permit.

GHG register ...

GHG statement see section 196(1)(a).

GHG storage see section 3(2).

GHG storage activity see section 23.

GHG storage exploration see section 15.

GHG storage injection testing see section 16.

GHG storage reservoir see section 13(a).

GHG storage viability report see section 245(1).

GHG stream see section 12.

GHG stream pipeline see section 17.

GHG stream storage see section 14.

GHG stream storage site see section 13.

GHG tenure see section 18(2).

GHG viability report ...

GHG well—

1

A GHG well is a hole in the ground made or being made by drilling, boring or any other means—

(a)to carry out GHG storage exploration; or

(b)for GHG stream storage.

2

A GHG well includes the casing for the well and any of the following attached to the well—

•the casing head

•a casing hanger or spool or tubing hanger

•flow control equipment up to and including the wing valves.

3

To remove any doubt, it is declared that a GHG well does not include a seismic shot hole or shallow hole drilled to work out a geological structure.

give, a document to the Minister or the chief executive, has the meaning affected by section 411.

Great Artesian Basin means the area that is on or below the surface of the plan area under the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017.

holder—

(a)of a GHG authority other than a GHG data acquisition authority, means each person recorded as its holder in the register; or

(b)of a GHG data acquisition authority, means the person mentioned in section 240.

holder submissions see section 199(1).

independent viability assessment see section 247(2).

indicative approval ...

information notice, for a decision, means a notice stating each of the following—

(a)the decision, and the reasons for it;

(b)the rights of appeal under this Act;

(c)the period in which any appeal under this Act must be started;

(d)how rights of appeal under this Act are to be exercised;

(e)that a stay of a decision the subject of an appeal under this Act may be applied for under this Act.

initial development plan requirements see section 140.

initial work program requirements see section 51.

interfere with includes tamper with.

land includes—

(a)land covered by Queensland waters; and

(b)subterranean land.

land access code see the Common Provisions Act, section 36.

later development plan requirements see section 150.

later work program requirements see section 58.

legacy borehole means a bore or well that—

(a)

was drilled for the purpose (the original purpose) of—

(i)exploration or production of mineral or petroleum resources; or

(ii)informing the exploration or production of mineral or petroleum resources; and

(b)is no longer used for the original or another purpose.

make submissions has the meaning affected by section 411.

mandatory condition, of a GHG authority, see section 20(2).

mandatory provision, of the land access code, means a provision of that code that the code requires compliance with.

Mineral Resources Act means the Mineral Resources Act 1989.

minimum negotiation period ...

mining interest means—

(a)a mining tenement under the Mineral Resources Act; or

(b)a tenure held from the State under another Act about mining under which tenure the holder is authorised to carry out mining under the Mineral Resources Act or a related mineral or energy resources activity.

mining lease see the Mineral Resources Act, schedule 2.

negotiation notice ...

non-assessable transfer ...

noncompliance action means action of a type mentioned in section 379.

notice means a written notice.

notice of intention to resume, for the proposed taking of land under a resumption law, means—

(a)if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the notice of intention to resume under the ALA; or

(b)otherwise—the notice, however named, required to be given under the resumption law to notify persons of the proposed taking.

notifiable road use see the Common Provisions Act, section 62.

occupier, of a place, means—

(a)a person who, under an Act or a lease registered under the Land Title Act 1994, has a right to occupy the place other than under a mining interest, petroleum authority, 1923 Act petroleum tenure, GHG authority or geothermal tenure; or

(b)a person who has been given a right to occupy the place by an owner of the place or another person mentioned in paragraph (a).

on, land or another place, includes across, attached to, in, under or over the land or place.

operating plant see the P&G Act, section 670.

operator, of an operating plant, see the P&G Act, section 673.

overlapping authority see section 183.

overlapping authority application period see section 205(2).

overlapping authority priority see section 199(3)(b).

owner—

1

An owner, of land, means each person as follows in relation to the land—

(a)for freehold land—a registered owner;

(b)for land for which a person is, or will on performing conditions, be entitled to a deed of grant in fee simple—the person;

(c)if an estate in fee simple of land is being purchased from the State—the purchaser;

(d)for a public road—the public road authority for the road;

(e)for land that is busway land, light rail land, rail corridor land or a cane railway or other railway—the public land authority for the land;

(f)for required land under the Transport Infrastructure Act 1994, section 436—the chief executive of the department in which that Act is administered;

(g)for a forest entitlement area, State forest or timber reserve under the Forestry Act 1959—the chief executive of the department in which that Act is administered;

(h)

for a conservation park or resources reserve under the Nature Conservation Act 1992 (the NCA) for which there are trustees—

(i)if, under the NCA, the conservation park or resources reserve has trustees whose powers are not restricted—the trustees; or

(ii)otherwise—the chief executive of the department in which the NCA is administered;

(i)for DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991—a trustee for the land;

(k)for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151(2) of that Act—each grantee of the land;

(l)for land under the Land Act 1994 for which there are trustees—a trustee;

(m)for transport land under the Transport Planning and Coordination Act 1994—the chief executive of the department in which that Act is administered;

(n)for land vested in the Minister administering the Education (General Provisions) Act 2006—that Minister;

(o)for land vested in the Queensland Housing Commission or another Minister or a chief executive responsible for constructing public buildings—the Minister administering the relevant Act;

(p)for land held from the State under another Act under an interest less than fee simple (other than occupation rights under a permit under the Land Act 1994)—the person who holds the interest;

(q)for any of the following land under the NCA—the State—

(i)a national park (scientific);

(ii)a national park;

(iii)a national park (Aboriginal land);

(iv)a national park (Torres Strait Islander land);

(v)a forest reserve.

2

Also, a mortgagee of land is the owner of land if—

(a)the mortgagee is acting as mortgagee in possession of the land and has the exclusive management and control of the land; or

(b)the mortgagee or a person appointed by the mortgagee is in possession of the land and has the exclusive management and control of the land.

3If land or another thing has more than 1 owner, a reference in this Act to the owner of the land or thing is a reference to each of its owners.

P&G Act see section 4.

P&G Act safety provisions see section 4(c).

parties ...

permit-related application see section 113(3).

petroleum see the P&G Act, section 10.

petroleum authority see the P&G Act, section 18(2).

petroleum discovery includes a discovery of an underground geological formation or structure that under the P&G Act has or is likely to have commercial potential for petroleum.

petroleum interest ...

petroleum lease means a petroleum lease under the P&G Act or a lease under the 1923 Act.

petroleum tenure means any ATP or petroleum lease.

pipeline land, for a GHG tenure, means land on which pipelines are or may be constructed or operated under the tenure if the land is identified as pipeline land in any of the following—

(a)the register;

(b)the instrument for the tenure;

(c)if the tenure is a GHG permit—the work program for the tenure;

(d)if the tenure is a GHG lease—the development plan for the tenure.

pipeline licence see the P&G Act, section 18(1)(f).

place includes land.

plan period, for a development plan, means the period for which the plan applies.

potential storage area, for a GHG permit, means an area declared under section 102 to be a potential storage area for the permit.

preliminary activity ...

private land—

1

Private land is—

(a)freehold land; or

(b)an interest in land less than fee simple held from the State under another Act.

2However, land is not private land to the extent of an interest in any of the following relating to the land—

(a)a mining interest;

(b)a petroleum authority or 1923 Act petroleum tenure;

(c)a GHG authority;

(d)a geothermal tenure;

(e)an occupation right under a permit under the Land Act 1994.

3Also, land owned by a public land authority is not private land.

program period, for a work program, means the period for which the program applies.

provision, of a GHG authority, means a provision of the authority as defined under section 21.

public interest means a consideration of each of the following—

(a)government policy;

(b)environmental impacts;

(c)employment creation;

(d)social impacts;

(e)the overall economic benefit for the State, or a part of the State, in the short and long term;

(f)impacts on aesthetic, amenity or cultural values.

public land means land other than—

(a)private land; or

(b)to the extent an interest in any of the following relates to the land—

(i)a mining interest;

(ii)a petroleum authority or 1923 Act petroleum tenure;

(iii)a GHG authority;

(iv)a geothermal tenure;

(v)an occupation right under a permit under the Land Act 1994.

public land authority means—

(a)for a public road—the road authority for the road; or

(b)if a local government or other authority is under an Act, charged with the control of the land—the local government or other authority; or

(c)otherwise—the chief executive of the department administering the Act under which entry to the land is administered.

public road means an area of land that—

(a)is open to or used by the public; and

(b)is developed for or has as one of its main uses—

(i)the driving or riding of motor vehicles; or

(ii)pedestrian traffic; and

(c)is controlled by a public road authority.

Examples of an area of land that may be included in a road—

•a bridge, culvert, ford, tunnel or viaduct

•a pedestrian or bicycle path

public road authority, for a public road, means—

(a)for a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or

(b)for another public road—the local government having the control of the road.

publish, a notice, means to publish it in any of the following ways—

(a)in a journal published by the department or under the Minister’s authority;

(b)in another publication the Minister considers appropriate;

(c)on the department’s website;

(d)by placing it on a public notice board, established and maintained by the department at—

(i)the department’s head office; and

(ii)other places the chief executive considers appropriate.

reasonably believes means to believe on grounds that are reasonable in the circumstances.

register means the register kept by the chief executive under the Common Provisions Act, section 197.

registration, for a dealing, means recorded in the register.

relevant arrangement, for chapter 3, part 2, see section 118(1)(f)(ii).

relevant environmental authority, for a GHG authority or proposed GHG authority, means an environmental authority under the Environmental Protection Act granted for all of the authorised activities for the GHG authority or proposed GHG authority that are environmentally relevant activities under that Act.

relevant environmental condition, for a provision about a GHG authority or proposed GHG authority, means a condition of any relevant environmental authority for the GHG authority or proposed GHG authority.

relevant GHG tenure, for a GHG data acquisition authority or proposed GHG data acquisition authority, see section 233(3).

relevant land, for a GHG lease application, means the land the subject of the application.

relevant lease—

(a)for a GHG lease application—see section 205(2); or

(b)for a GHG coordination arrangement—see section 186(4).

relevant owner or occupier ...

relinquishment condition, for a GHG permit is the relinquishment condition under section 72(1).

relinquishment notice see section 72(3)(a).

remedial powers see section 356(2).

report means a written report.

required information, for chapter 5, part 4, division 3, see section 260.

required way, for giving the chief executive reports, see section 255(4).

requirements for grant see section 117(1).

resource Act see section 26A.

resource management decision see section 201.

resumption law—

(a)means a law that provides for the compulsory acquisition of land, including, for example, the following—

(i)the ALA, including as applied by another law providing for an entity to take land under the ALA as if the entity were a constructing authority under the ALA;

Examples of other laws for subparagraph (i)—

•Electricity Act 1994, section 116

•South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 53AY

(ii)the Land Act 1994, chapter 5, part 3, division 3;

(iii)the Petroleum and Gas (Production and Safety) Act 2004, sections 456 to 458;

(iv)the Queensland Reconstruction Authority Act 2011, section 99;

(v)the State Development Act, section 82 or 125;

(vi)the Transport Planning and Coordination Act 1994, section 25 or 26; but

(b)does not include the Land Act 1994, chapter 5, part 3, divisions 1 and 2.

resumption notice, for the taking of land under a resumption law, means—

(a)if the land is taken under the process stated in the ALA (whether the land is taken under the ALA or another resumption law)—the gazette resumption notice under the ALA for the taking; or

(b)otherwise—the instrument giving effect to the taking.

road use direction see section 303(1).

safety management plan see the P&G Act, schedule 2.

satisfies, the capability criteria—

(a)for chapter 2—see section 42(3); or

(b)for chapter 3—see section 118(3).

second authority ...

security includes a bond, deposit of an amount as security, guarantee, indemnity or other surety, insurance, mortgage and undertaking.

serious situation see section 363.

serious situation direction see section 364(2).

services of the State has the same meaning that the term has in relation to the State of Queensland under the Copyright Act 1968 (Cwlth), section 183(1).

share, of a GHG authority, means any interest held by a person as a holder of the authority in all of the area of the authority.

special criteria—

(a)for a GHG permit—see section 33(2)(b); or

(b)for a GHG lease—see section 125(2)b).

State-controlled road see Transport Infrastructure Act 1994, schedule 6.

State Development Act means the State Development and Public Works Organisation Act 1971.

storage capacity, of a GHG storage reservoir, means the measure of its potential for GHG stream storage.

storage commencement day, for a GHG lease, see section 120(2)(c).

structure means anything built or constructed, whether or not attached to land.

sub-block see the Common Provisions Act, section 11A(2).

submission means a written submission.

surrender application see section 174(a).

take, in relation to land, includes acquire.

third party transfer ...

unavailable land—

(a)for a GHG permit—see section 44(4); or

(b)for a GHG lease—see section 135(4).

waiver of entry notice ...

Water Act means the Water Act 2000.

Water Act Minister means the Minister of the department in which the Water Act is administered.

work program, for a GHG permit, see section 24(1).

work program criteria see section 55(2).