Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 (Cth)

Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008

No. 117, 2008

An Act to amend the Offshore Petroleum Act 2006, and for other purposes

Contents

Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008

No. 117, 2008

An Act to amend the Offshore Petroleum Act 2006, and for other purposes

[Assented to 21 November 2008]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008.

2Commencement

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	21 November 2008
2. Schedule 1	The day after this Act receives the Royal Assent.	22 November 2008
3. Schedule 2	Immediately after the commencement of the provision(s) covered by table item 2.	22 November 2008
4. Schedule 3	The day after this Act receives the Royal Assent.	22 November 2008
5. Schedule 4, Part 1	Immediately after the commencement of the provision(s) covered by table item 3.	22 November 2008
6. Schedule 4, Part 2	Immediately after the commencement of the provision(s) covered by table item 4.	22 November 2008
7. Schedule 4, Part 3	Immediately after the commencement of the provision(s) covered by table item 3.	22 November 2008

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

1. (2)

   Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments relating to greenhouse gas storage etc.

Offshore Petroleum Act 2006

1

Title

Omit “offshore petroleum”, substitute “petroleum exploration and recovery, and the injection and storage of greenhouse gas substances, in offshore areas”.

2

Section 1

After “Offshore Petroleum”, insert “and Greenhouse Gas Storage”.

Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901).

2A

After section 2

Insert:

2AObject

The object of this Act is to provide an effective regulatory framework for:

1. (a)

   petroleum exploration and recovery; and

2. (b)

   the injection and storage of greenhouse gas substances;

in offshore areas.

3

Section 3

Omit:

• This Act sets up a system for regulating the following activities in offshore areas:

1. (a)

   exploration for petroleum;

2. (b)

   recovery of petroleum;

3. (c)

   construction and operation of petroleum‑related infrastructure facilities;

4. (d)

   construction and operation of petroleum pipelines.

substitute:

• This Act sets up a system for regulating the following activities in offshore areas:

1. (a)

   exploration for petroleum;

2. (b)

   recovery of petroleum;

3. (c)

   construction and operation of infrastructure facilities relating to petroleum or greenhouse gas substances;

4. (d)

   construction and operation of pipelines for conveying petroleum or greenhouse gas substances;

5. (e)

   exploration for potential greenhouse gas storage formations;

6. (f)

   injection and storage of greenhouse gas substances.

4

Section 3

Omit:

• This Act provides for the grant of the following titles:

1. (a)

   an exploration permit (see Part 2.2);

2. (b)

   a retention lease (see Part 2.3);

3. (c)

   a production licence (see Part 2.4);

4. (d)

   an infrastructure licence (see Part 2.5);

5. (e)

   a pipeline licence (see Part 2.6);

6. (f)

   a special prospecting authority (see Part 2.7);

7. (g)

   an access authority (see Part 2.8).

substitute:

• This Act provides for the grant of the following titles:

1. (a)

   an exploration permit (see Part 2.2);

2. (b)

   a retention lease (see Part 2.3);

3. (c)

   a production licence (see Part 2.4);

4. (d)

   an infrastructure licence (see Part 2.5);

5. (e)

   a pipeline licence (see Part 2.6);

6. (f)

   a special prospecting authority (see Part 2.7);

7. (g)

   an access authority (see Part 2.8);

8. (h)

   a greenhouse gas assessment permit (see Part 2A.2);

9. (i)

   a greenhouse gas holding lease (see Part 2A.3);

10. (j)

    a greenhouse gas injection licence (see Part 2A.4);

11. (k)

    a greenhouse gas search authority (see Part 2A.5);

12. (l)

    a greenhouse gas special authority (see Part 2A.6).

5

Section 3

Before:

• The National Offshore Petroleum Safety Authority is responsible for the administration of occupational health and safety provisions.

insert:

• The responsible Commonwealth Minister is responsible for the administration of greenhouse gas injection and storage provisions.

6

Section 6 (definition of Annual Fees Act)

After “Offshore Petroleum”, insert “and Greenhouse Gas Storage”.

7

Section 6 (definition of approved)

Repeal the definition, substitute:

approved:

1. (a)

   when used in any of the following provisions:

   1. (i)

      Chapter 2A;

   2. (ii)

      Chapter 3A;

   3. (iii)

      Chapter 5A;

   4. (iv)

      section 441A;

means approved in writing by the responsible Commonwealth Minister; or

1. (b)

   in any other case—means approved in writing by the Designated Authority.

This definition does not apply to the expression approved site plan.

8

Section 6

Insert:

approved site plan means a site plan in respect of which an approval is in force under the regulations.

Note: See section 249ND.

1. 9

   Section 6 (at the end of the definition of authority area)

Add:

1. ; or (c)

   when used in relation to a greenhouse gas search authority—means the area constituted by the block or blocks that are the subject of the greenhouse gas search authority; or

2. (d)

   when used in relation to a greenhouse gas special authority—means the area to which the greenhouse gas special authority relates.

10

Section 6

Insert:

cash‑bid greenhouse gas assessment permit means a greenhouse gas assessment permit granted under Division 3 of Part 2A.2.

10A

Section 6

Insert:

closure assurance period has the meaning given by section 249CZN.

11

Section 6

Insert:

declared exploration permit has the meaning given by section 79B.

12

Section 6

Insert:

declared greenhouse gas facility has the meaning given by section 14B.

13

Section 6

Insert:

declared production licence has the meaning given by section 138B.

14

Section 6

Insert:

declared retention lease has the meaning given by section 114B.

14A

Section 6

Insert:

designated agreement has the meaning given by section 15J.

15

Section 6

Insert:

detection agent means a substance, whether in a gaseous or liquid state, that:

1. (a)

   when added to:

   1. (i)

      another substance; or

   2. (ii)

      a mixture of other substances;

facilitates the monitoring of the behaviour of that other substance or that mixture, as the case may be; and

1. (b)

   is specified in the regulations.

15A

Section 6

Insert:

eligible greenhouse gas storage formation has the meaning given by section 15B.

15B

Section 6

Insert:

expert advisory committee means a committee established under section 435A.

15C

Section 6

Insert:

expert advisory committee member means a member of an expert advisory committee, and includes the Chair of an expert advisory committee.

16

Section 6 (definition of expiry date)

Repeal the definition, substitute:

expiry date:

1. (a)

   when used in relation to an exploration permit, retention lease or production licence—has the meaning given by subsection 9(1); or

2. (b)

   when used in relation to a greenhouse gas assessment permit or a greenhouse gas holding lease (other than a special greenhouse gas holding lease)—has the meaning given by subsection 9(2).

17

Section 6 (definition of explore)

Repeal the definition, substitute:

explore:

1. (a)

   when used in relation to petroleum—has a meaning affected by subsection 15(1); or

2. (b)

   when used in relation to a potential greenhouse gas storage formation—has a meaning affected by subsections 15(2) and (3); or

3. (c)

   when used in relation to a potential greenhouse gas injection site—has a meaning affected by subsection 15(4).

18

Section 6

Insert:

fundamental suitability determinants:

1. (a)

   when used in relation to an eligible greenhouse gas storage formation—has the meaning given by subsection 15B(8); or

2. (b)

   when used in relation to an identified greenhouse gas storage formation—has the meaning given by subsection 249AU(10).

19

Section 6

Insert:

geological formation includes:

1. (a)

   any seal or reservoir of a geological formation; and

2. (b)

   any associated geological attributes or features of a geological formation.

1. 20

   Section 6 (definition of Greater Sunrise visiting inspector)

Before “project”, insert “petroleum”.

21

Section 6

Insert:

greenhouse gas assessment permit means a greenhouse gas assessment permit granted under Part 2A.2.

22

Section 6

Insert:

greenhouse gas assessment permit area means the permit area of a greenhouse gas assessment permit.

23

Section 6

Insert:

greenhouse gas assessment permittee means the registered holder of a greenhouse gas assessment permit.

24

Section 6

Insert:

greenhouse gas facility line means a pipe, or system of pipes, that is:

1. (a)

   for conveying a greenhouse gas substance; and

2. (b)

   part of a declared greenhouse gas facility.

25

Section 6

Insert:

greenhouse gas holding lease means a greenhouse gas holding lease granted under Part 2A.3.

26

Section 6

Insert:

greenhouse gas holding lease area means the lease area of a greenhouse gas holding lease.

27

Section 6

Insert:

greenhouse gas holding lessee means the registered holder of a greenhouse gas holding lease.

28

Section 6

Insert:

greenhouse gas infrastructure line means a pipe, or system of pipes, that is:

1. (a)

   for conveying a greenhouse gas substance; and

2. (b)

   part of an infrastructure facility.

29

Section 6

Insert:

greenhouse gas injection licence means a greenhouse gas injection licence granted under Part 2A.4.

30

Section 6

Insert:

greenhouse gas injection licence area means the licence area of a greenhouse gas injection licence.

31

Section 6

Insert:

greenhouse gas injection licensee means the registered holder of a greenhouse gas injection licence.

32

Section 6

Insert:

greenhouse gas injection line means a pipe, or system of pipes, for:

1. (a)

   conveying a greenhouse gas substance to be compressed, processed or otherwise prepared for injection into an identified greenhouse gas storage formation; or

2. (b)

   conveying a greenhouse gas substance for storage prior to being injected into an identified greenhouse gas storage formation; or

3. (c)

   conveying a greenhouse gas substance for injection into an identified greenhouse gas storage formation;

so long as the greenhouse gas substance does not pass through a terminal point on the pipe, or system of pipes, as the case may be, before it is injected into the identified greenhouse gas storage formation.

33

Section 6

Insert:

greenhouse gas pipeline means:

1. (a)

   a pipe, or system of pipes, in an offshore area for conveying a greenhouse gas substance, other than:

   1. (i)

      a greenhouse gas injection line; or

   2. (ii)

      a greenhouse gas infrastructure line; or

   3. (iii)

      a greenhouse gas facility line; or

   4. (iv)

      a pipe, or a system of pipes, that is specified in the regulations; or

2. (b)

   a part of a pipe covered by paragraph (a); or

3. (c)

   a part of a system of pipes covered by paragraph (a).

34

Section 6

Insert:

greenhouse gas project inspector means a person appointed as a greenhouse gas project inspector under section 316‑318.

35

Section 6

Insert:

greenhouse gas pumping station means equipment for pumping a greenhouse gas substance or water, and includes any structure associated with that equipment.

36

Section 6

Insert:

greenhouse gas research consent means a greenhouse gas research consent granted under Part 2A.7.

37

Section 6

Insert:

greenhouse gas search authority means a greenhouse gas search authority granted under Part 2A.5.

38

Section 6

Insert:

greenhouse gas special authority means a greenhouse gas special authority granted under Part 2A.6.

39

Section 6

Insert:

greenhouse gas substance means:

1. (a)

   carbon dioxide, whether in a gaseous or liquid state; or

2. (b)

   a prescribed greenhouse gas, whether in a gaseous or liquid state; or

3. (c)

   a mixture of any or all of the following substances:

   1. (i)

      carbon dioxide, whether in a gaseous or liquid state;

   2. (ii)

      one or more prescribed greenhouse gases, whether in a gaseous or liquid state;

   3. (iii)

      one or more incidental greenhouse gas‑related substances, whether in a gaseous or liquid state, that relate to either or both of the substances mentioned in subparagraphs (i) and (ii);

   4. (iv)

      a prescribed detection agent, whether in a gaseous or liquid state;

so long as:

1. (v)

   the mixture consists overwhelmingly of either or both of the substances mentioned in subparagraphs (i) and (ii); and

2. (vi)

   if the mixture includes a prescribed detection agent—the concentration of the prescribed detection agent in the mixture is not more than the concentration prescribed in relation to that detection agent.

40

Section 6

Insert:

greenhouse gas tank station means a tank, or system of tanks, for holding or storing a greenhouse gas substance, and includes any structure associated with that tank or system of tanks.

41

Section 6

Insert:

greenhouse gas valve station means equipment for regulating the flow of a greenhouse gas substance, and includes any structure associated with that equipment.

42

Section 6

Insert:

identified greenhouse gas storage formation has the meaning given by section 249AU.

43

Section 6

Insert:

incidental greenhouse gas‑related substance has the meaning given by section 15D.

44

Section 6

Insert:

key greenhouse gas operation means:

1. (a)

   an operation to make a well; or

2. (b)

   an operation to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation; or

3. (c)

   an operation to store, on an appraisal basis, a greenhouse gas substance in a part of a geological formation; or

4. (d)

   an operation to inject, on an appraisal basis, air, petroleum or water into a part of a geological formation; or

5. (e)

   an operation to store, on an appraisal basis, air, petroleum or water in a part of a geological formation; or

6. (f)

   an operation to carry out a seismic survey or any other kind of survey; or

7. (g)

   an operation to monitor the behaviour of:

   1. (i)

      a greenhouse gas substance; or

   2. (ii)

      air; or

   3. (iii)

      petroleum; or

   4. (iv)

      water;

stored in a part of a geological formation; or

1. (h)

   an operation to carry out baseline investigations relating to the storage of a greenhouse gas substance in a part of the geological formation; or

2. (i)

   an operation to take samples of the seabed or subsoil of an offshore area; or

3. (j)

   an operation specified in the regulations.

45

Section 6

Insert:

key petroleum operation means:

1. (a)

   an operation to make a well; or

2. (b)

   an operation to inject a substance into a part of a geological formation; or

3. (c)

   an operation to store a substance in a part of a geological formation; or

4. (d)

   an operation to carry out a seismic survey or any other kind of survey; or

5. (e)

   an operation to monitor the behaviour of a substance stored in a part of a geological formation; or

6. (f)

   an operation to take samples of the seabed or subsoil of an offshore area; or

7. (g)

   an operation specified in the regulations.

46

Section 6 (definition of lease area)

Repeal the definition, substitute:

lease area:

1. (a)

   when used in relation to a retention lease—means the area constituted by the block or blocks that are the subject of the retention lease; or

2. (b)

   when used in relation to a greenhouse gas holding lease—means the area constituted by the block or blocks that are the subject of the greenhouse gas holding lease.

47

Section 6 (definition of lessee)

Repeal the definition, substitute:

lessee:

1. (a)

   when used in relation to a retention lease—means the registered holder of the retention lease; or

2. (b)

   when used in relation to a greenhouse gas holding lease—means the registered holder of the greenhouse gas holding lease.

1. 48

   Section 6 (at the end of the definition of licence area) (before the note)

Add:

1. ; or (c)

   when used in relation to a greenhouse gas injection licence—means the area constituted by the block or blocks that are the subject of the greenhouse gas injection licence.

1. 49

   Section 6 (at the end of the definition of licensee)

Add:

1. ; or (d)

   when used in relation to a greenhouse gas injection licence—means the registered holder of the greenhouse gas injection licence.

49A

Section 6

Insert:

original greenhouse gas assessment permit means a greenhouse gas assessment permit that was granted otherwise than by way of renewal.

50

Section 6

Insert:

original retention lease means a retention lease that was granted otherwise than by way of renewal.

51

Section 6 (definition of partly surrendered)

Omit “or production licence”, substitute “, production licence or greenhouse gas injection licence”.

52

Section 6

Insert:

part of a geological formation includes a part of a combination of geological formations.

53

Section 6 (definition of permit area)

Repeal the definition, substitute:

permit area:

1. (a)

   when used in relation to an exploration permit—means the area constituted by the block or blocks that are the subject of the exploration permit; or

2. (b)

   when used in relation to a greenhouse gas assessment permit—means the area constituted by the block or blocks that are the subject of the greenhouse gas assessment permit.

54

Section 6 (definition of permittee)

Repeal the definition, substitute:

permittee:

1. (a)

   when used in relation to an exploration permit—means the registered holder of the exploration permit; or

2. (b)

   when used in relation to a greenhouse gas assessment permit—means the registered holder of the greenhouse gas assessment permit.

55

Section 6

Insert:

petroleum pipeline means:

1. (a)

   a pipe, or system of pipes, in an offshore area for conveying petroleum (whether or not the petroleum is recovered from an offshore area), other than a secondary line; or

2. (b)

   a part of a pipe covered by paragraph (a); or

3. (c)

   a part of a system of pipes covered by paragraph (a).

56

Section 6

Insert:

petroleum project inspector means a person appointed as a petroleum project inspector under section 318.

57

Section 6

Insert:

petroleum pumping station means equipment for pumping petroleum or water, and includes any structure associated with that equipment.

58

Section 6

Insert:

petroleum tank station means a tank, or system of tanks, for holding or storing petroleum, and includes any structure associated with that tank or system of tanks.

59

Section 6

Insert:

petroleum valve station means equipment for regulating the flow of petroleum, and includes any structure associated with that equipment.

60

Section 6 (definition of pipeline)

Repeal the definition, substitute:

pipeline means:

1. (a)

   a petroleum pipeline; or

2. (b)

   a greenhouse gas pipeline.

61

Section 6 (definition of pipeline provisions)

Repeal the definition, substitute:

pipeline provisions means the following:

1. (a)

   Part 2.6;

2. (b)

   the definition of greenhouse gas pipeline in this section;

3. (c)

   the definition of greenhouse gas pumping station in this section;

4. (d)

   the definition of greenhouse gas tank station in this section;

5. (e)

   the definition of greenhouse gas valve station in this section;

6. (f)

   the definition of petroleum pipeline in this section;

7. (g)

   the definition of petroleum pumping station in this section;

8. (h)

   the definition of petroleum tank station in this section;

9. (i)

   the definition of petroleum valve station in this section;

10. (j)

    the definition of pipeline in this section;

11. (k)

    item 3 of the table in subsection 301(1).

62

Section 6

Insert:

post‑commencement exploration permit means:

1. (a)

   an original exploration permit that was granted after the commencement of this section; or

2. (b)

   an exploration permit that was granted by way of renewal, where the original exploration permit was granted after the commencement of this section.

63

Section 6

Insert:

post‑commencement petroleum title means:

1. (a)

   a post‑commencement exploration permit; or

2. (b)

   a post‑commencement retention lease; or

3. (c)

   a post‑commencement production licence.

64

Section 6

Insert:

post‑commencement production licence means:

1. (a)

   a production licence that was granted to the registered holder of:

1. 1. (i)

      a post‑commencement exploration permit; or

   2. (ii)

      a post‑commencement retention lease;

that was in force over the block or blocks to which the production licence relates; or

1. (b)

   a production licence granted under section 153; or

2. (c)

   a production licence granted under section 155, where the initial production licence mentioned in section 154 was a post‑commencement production licence.

65

Section 6

Insert:

post‑commencement retention lease means:

1. (a)

   an original retention lease that was granted to the registered holder of:

   1. (i)

      a post‑commencement exploration permit; or

   2. (ii)

      a post‑commencement production licence;

that was in force over the block or blocks to which the original retention lease relates; or

1. (b)

   a retention lease that was granted by way of renewal, where the original retention lease was granted to the registered holder of:

   1. (i)

      a post‑commencement exploration permit; or

   2. (ii)

      a post‑commencement production licence;

that was in force over the block or blocks to which the original retention lease related.

66

Section 6

Insert:

potential greenhouse gas injection site has the meaning given by section 15C.

67

Section 6

Insert:

potential greenhouse gas storage formation has the meaning given by section 15A.

68

Section 6

Insert:

pre‑commencement exploration permit means an exploration permit other than a post‑commencement exploration permit.

69

Section 6

Insert:

pre‑commencement petroleum title means:

1. (a)

   a pre‑commencement exploration permit; or

2. (b)

   a pre‑commencement retention lease; or

3. (c)

   a pre‑commencement production licence.

70

Section 6

Insert:

pre‑commencement production licence means a production licence other than a post‑commencement production licence.

71

Section 6

Insert:

pre‑commencement retention lease means a retention lease other than a post‑commencement retention lease.

72

Section 6 (definition of project inspector)

Repeal the definition.

73

Section 6 (definition of pumping station)

Repeal the definition, substitute:

pumping station means:

1. (a)

   a greenhouse gas pumping station; or

2. (b)

   a petroleum pumping station.

74

Section 6 (definition of Register)

Repeal the definition, substitute:

Register:

1. (a)

   when used in Chapter 3—has the meaning given by section 251; or

2. (b)

   when used in Chapter 3A—has the meaning given by section 298‑251.

75

Section 6 (definition of registered holder)

After “Register”, insert “kept under section 253 or 298‑253”.

76

Section 6 (definition of registered holder)

Omit “or access authority”, substitute “, access authority, greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority”.

1. 77

   Section 6 (definition of Registration Fees Act)

After “Offshore Petroleum”, insert “and Greenhouse Gas Storage”.

78

Section 6 (definition of regulated operation)

Repeal the definition, substitute:

regulated operation means:

1. (a)

   an activity to which Chapter 2 applies; or

2. (b)

   an activity to which Chapter 2A applies.

For the purposes of paragraph (b), assume that each reference in subsection 249CC(1) to a substance were a reference to a greenhouse gas substance.

79

Section 6 (definition of renewal)

Repeal the definition, substitute:

renewal:

1. (a)

   when used in relation to an exploration permit, retention lease or production licence—has the meaning given by subsection 10(1); or

2. (b)

   when used in relation to a greenhouse gas assessment permit or greenhouse gas holding lease—has the meaning given by subsection 10(2).

80

Section 6

Insert:

serious situation, in relation to an identified greenhouse gas storage formation, has the meaning given by section 249CZ.

81

Section 6

Insert:

significant risk has a meaning affected by section 15F, 15FA, 15FB, 15FC or 15FD.

82

Section 6

Insert:

site closing certificate means a certificate issued under section 249CZGA.

83

Section 6

Insert:

site plan, in relation to an identified greenhouse gas storage formation, has the meaning given by section 15E.

83A

Section 6

Insert:

spatial extent of an eligible greenhouse gas storage formation has the meaning given by subsection 15B(3).

84

Section 6

Insert:

special greenhouse gas holding lease means a greenhouse gas holding lease granted under section 249BSC.

85

Section 6 (definition of tank station)

Repeal the definition, substitute:

tank station means:

1. (a)

   a greenhouse gas tank station; or

2. (b)

   a petroleum tank station.

86

Section 6 (definition of term)

Repeal the definition, substitute:

term:

1. (a)

   when used in relation to an exploration permit, retention lease, production licence, infrastructure licence, pipeline licence, special prospecting authority or access authority—has the meaning given by subsection 9(1); or

2. (b)

   when used in relation to a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority—has the meaning given by subsection 9(2).

87

Section 6

Insert:

terminal point has the meaning given by section 14A.

87A

Section 6

Insert:

tied, in relation to a greenhouse gas holding lease or greenhouse gas injection licence, has the meaning given by section 11A.

1. 88

   Section 6 (after paragraph (e) of the definition of title)

Insert:

1. (ea)

   when used in section 249NH—has the meaning given by subsection 249NH(6); or

1. 89

   Section 6 (paragraph (h) of the definition of title)

Repeal the paragraph, substitute:

1. (h)

   when used in Chapter 3A—has the meaning given by section 298‑251; or

2. (i)

   when used in section 316‑305—has the meaning given by subsection 316‑305(1).

90

Section 6 (definition of valve station)

Repeal the definition, substitute:

valve station means:

1. (a)

   a greenhouse gas valve station; or

2. (b)

   a petroleum valve station.

1. 91

   Section 6 (at the end of the definition of water line)

Add:

1. ; or (c)

   exploration for potential greenhouse gas storage formations; or

2. (d)

   exploration for potential greenhouse gas injection sites; or

3. (e)

   the injection of a greenhouse gas substance into an identified greenhouse gas storage formation; or

4. (f)

   the injection, on an appraisal basis, of a greenhouse gas substance into a part of a geological formation; or

5. (g)

   the injection, on an appraisal basis, of air, petroleum or water into a part of a geological formation.

1. 92

   Section 6 (at the end of paragraph (b) of the definition of well)

Add “or”.

1. 93

   Section 6 (after paragraph (b) of the definition of well)

Insert:

1. (c)

   exploration for potential greenhouse gas storage formations; or

2. (d)

   exploration for potential greenhouse gas injection sites; or

3. (e)

   the injection of a greenhouse gas substance into an identified greenhouse gas storage formation; or

4. (f)

   the injection, on an appraisal basis, of a greenhouse gas substance into a part of a geological formation; or

5. (g)

   the injection, on an appraisal basis, of air, petroleum or water into a part of a geological formation;

94

Section 6

Insert:

work‑bid greenhouse gas assessment permit means a greenhouse gas assessment permit granted under Division 2 of Part 2A.2.

95

Section 9

Before “For”, insert “(1)”.

Note: The following heading to subsection 9(1) is inserted “Petroleum titles”.

96

At the end of section 9

Add:

Greenhouse gas titles

1. (2)

   For the purposes of this Act, the table has effect:

Term of title etc.
Item	A reference in this Act to...	is a reference to...
1	the term of: (a) a greenhouse gas assessment permit; or (b) a greenhouse gas holding lease; or (c) a greenhouse gas injection licence; or (d) a greenhouse gas search authority; or (e) a greenhouse gas special authority;	the period during which the permit, lease, licence or authority remains in force.
2	a year of the term of: (a) a greenhouse gas assessment permit; or (b) a greenhouse gas holding lease; or (c) a greenhouse gas injection licence;	a period of one year beginning on: (a) the day on which the permit, lease or licence comes into force; or (b) any anniversary of that day.
3	the expiry date of: (a) a greenhouse gas assessment permit; or (b) a greenhouse gas holding lease (other than a special greenhouse gas holding lease);	the day on which the permit or lease ceases to be in force.

97

Section 10

Before “For”, insert “(1)”.

Note: The following heading to subsection 10(1) is inserted “Petroleum titles”.

98

At the end of section 10

Add:

Greenhouse gas titles

1. (2)

   For the purposes of this Act, the table has effect:

Renewal of title
Column 1		Column 2
Item	A reference in this Act to...		is a reference to...
1A	the renewal, or the grant of a renewal, of a greenhouse gas assessment permit	the grant of a greenhouse gas assessment permit over all of the blocks in relation to which the permit mentioned in column 1 was in force, to begin on the day after the expiry date of the permit mentioned in column 1.
1	the renewal, or the grant of a renewal, of a greenhouse gas holding lease		the grant of a greenhouse gas holding lease over all of the blocks in relation to which the lease mentioned in column 1 was in force, to begin on the day after the expiry date of the lease mentioned in column 1.

99

Section 11

Before “If”, insert “(1)”.

Note: The following heading to subsection 11(1) is inserted “Petroleum titles”.

100

At the end of section 11

Add:

Greenhouse gas titles

1. (2)

   If:

   1. (a)

      a greenhouse gas assessment permit; or

   2. (b)

      a greenhouse gas holding lease; or

   3. (c)

      a greenhouse gas injection licence; or

   4. (d)

      a greenhouse gas search authority; or

   5. (e)

      a greenhouse gas special authority;

is varied, a reference in this Act to the permit, lease, licence or authority is a reference to the permit, lease, licence or authority as varied.

100A

After section 11

Insert:

11ATied titles

Scope

1. (1)

   This section applies if a greenhouse gas holding lease (the greenhouse gas lease) is granted under section 249BSI to the registered holder of a retention lease (the petroleum lease).

Tied titles

1. (2)

   For the purposes of this Act, each of the following:

   1. (a)

      the greenhouse gas lease;

   2. (b)

      a greenhouse gas holding lease granted by way of renewal of the greenhouse gas lease;

   3. (c)

      a greenhouse gas injection licence derived from a lease referred to in paragraph (a) or (b);

is tied to each of the following:

1. (d)

   the petroleum lease;

2. (e)

   a retention lease granted by way of renewal of the petroleum lease;

3. (f)

   a production licence derived from a lease referred to in paragraph (d) or (e).

101

Section 12 (at the end of the table)

Add:

11	a greenhouse gas assessment permit that has expired	the area constituted by the blocks over which the permit was in force but has not been renewed.
12	a greenhouse gas holding lease (other than a special greenhouse gas holding licence) that has expired	the area constituted by the blocks over which the lease was in force but has not been renewed.
13	a greenhouse gas assessment permit that has been cancelled	the permit area.
14	a greenhouse gas holding lease that has been cancelled	the lease area.
15	a greenhouse gas injection licence that has been cancelled	the licence area.
16	a greenhouse gas search authority that: (a) has been surrendered or cancelled; or (b) has expired	the authority area.
17	a greenhouse gas special authority that: (a) has been revoked or surrendered; or (b) has expired	the authority area.

102

Subsection 13(1)

After “(2)”, insert “or (3)”.

Note: The heading to subsection 13(2) is replaced by the heading “Petroleum activities”.

103

At the end of section 13

Add:

Greenhouse gas activities

1. (3)

   This subsection applies to the following activities:

   1. (a)

      activities preparatory to injecting a greenhouse gas substance into an identified greenhouse gas storage formation (for example, controlling the flow of a greenhouse gas substance into the relevant well);

   2. (b)

      preparing a greenhouse gas substance for injection into an identified greenhouse gas storage formation (for example, pumping, processing or compressing);

   3. (c)

      preparing a greenhouse gas substance for transport to another place (for example, pumping or compressing);

   4. (d)

      storing a greenhouse gas substance before it is:

      1. (i)

         transported to another place; or

      2. (ii)

         injected into an identified greenhouse gas storage formation; or

      3. (iii)

         subjected to any other activity at a facility, structure or installation;

   5. (e)

      monitoring the behaviour of a greenhouse gas substance stored in an identified greenhouse gas storage formation;

   6. (f)

      remote control of facilities, structures or installations used to:

      1. (i)

         inject a greenhouse gas substance into an identified greenhouse gas storage formation; or

      2. (ii)

         store a greenhouse gas substance in an identified greenhouse gas storage formation; or

      3. (iii)

         do anything mentioned in any of the above paragraphs;

   7. (g)

      activities related to any of the above.

2. (4)

   For the purposes of subsection (3), the injection of a greenhouse gas substance into an identified greenhouse gas storage formation is taken to take place at the top of the relevant well.

104

Paragraphs 14(1)(a), (b) and (c)

After “specified”, insert “petroleum”.

105

At the end of section 14

Add:

1. (3)

   To avoid doubt, a declaration may be made under subsection (1) whether or not a person has applied for a pipeline licence.

106

After section 14

Insert:

14ATerminal point

1. (1)

   The responsible Commonwealth Minister may, by notice published in the Gazette, declare that a specified point on a pipe, or system of pipes, for conveying a greenhouse gas substance is a terminal point for the purposes of this Act.

2. (2)

   A declaration under subsection (1) has effect accordingly.

3. (3)

   To avoid doubt, a declaration may be made under subsection (1) whether or not a person has applied for a pipeline licence.

14BDeclared greenhouse gas facility

1. (1)

   The responsible Commonwealth Minister may, by notice published in the Gazette, declare that a specified facility, structure or installation in a greenhouse gas injection licence area is a declared greenhouse gas facility for the purposes of this Act.

2. (2)

   A declaration under subsection (1) has effect accordingly.

107

Section 15

Before “For”, insert “(1)”.

Note: The following heading to subsection 15(1) is inserted “Petroleum”.

108

At the end of section 15

Add:

Potential greenhouse gas storage formation

1. (2)

   For the purposes of this Act, if:

   1. (a)

      a person:

      1. (i)

         carries out a seismic survey, or any other kind of survey, in an offshore area; or

      2. (ii)

         takes samples of the seabed or subsoil of an offshore area; and

   2. (b)

      the person does so with the intention that the person or another could use the survey data, or information derived from the samples, as the case may be, for the purpose of discovering one or more potential greenhouse gas storage formations;

the person is taken to explore for those potential greenhouse gas storage formations.

1. (3)

   For the purposes of this Act, if:

   1. (a)

      a person has reasonable grounds to suspect that a part of a geological formation could be an eligible greenhouse gas storage formation; and

   2. (b)

      the person carries out an activity for the purposes of ascertaining either or both of the following:

      1. (i)

         the spatial extent of the eligible greenhouse gas storage formation;

      2. (ii)

         any of the fundamental suitability determinants of the eligible greenhouse gas storage formation;

the person is taken to explore for a potential greenhouse gas formation.

Potential greenhouse gas injection site

1. (4)

   For the purposes of this Act, if:

   1. (a)

      a person:

      1. (i)

         carries out a seismic survey, or any other kind of survey, in an offshore area; or

      2. (ii)

         takes samples of the seabed or subsoil of an offshore area; and

   2. (b)

      the person does so with the intention that the person or another could use the survey data, or information derived from the samples, as the case may be, for the purpose of discovering one or more potential greenhouse gas injection sites;

the person is taken to explore for those potential greenhouse gas injection sites.

109

After section 15

Insert:

15APotential greenhouse gas storage formation

1. (1)

   For the purposes of this Act, a potential greenhouse gas storage formation is a part of a geological formation, where that part is suitable, with or without engineering enhancements, for the permanent storage of a greenhouse gas substance injected into that part.

2. (2)

   For the purposes of subsection (1), it is not necessary to identify the greenhouse gas substance.

3. (3)

   For the purposes of subsection (1), in determining whether a part of a geological formation is suitable, with or without engineering enhancements, for the permanent storage of a greenhouse gas substance injected into that part, regard may be had to reasonably foreseeable technological developments.

15BEligible greenhouse gas storage formation

1. (1)

   For the purposes of this Act, an eligible greenhouse gas storage formation is a part of a geological formation, where that part:

   1. (a)

      is suitable, without engineering enhancements, for the permanent storage of a particular amount of a particular greenhouse gas substance injected at a particular point or points into that part over a particular period; or

   2. (b)

      is suitable, with engineering enhancements, for the permanent storage of a particular amount of a particular greenhouse gas substance injected at a particular point or points into that part over a particular period.

2. (2)

   An amount referred to in paragraph (1)(a) or (b) must be at least 100,000 tonnes.

Spatial extent

1. (3)

   For the purposes of this Act, the spatial extent of an eligible greenhouse gas storage formation is the expected migration pathway or pathways, over the period:

   1. (a)

      beginning at the start of the particular period referred to in whichever of paragraph (1)(a) or (b) is applicable; and

   2. (b)

      ending at the notional site closing certificate time;

of the particular amount of the particular greenhouse gas substance injected as mentioned in whichever of paragraph (1)(a) or (b) is applicable.

1. (3A)

   In determining the spatial extent of an eligible greenhouse gas storage formation, regard must be had to:

   1. (a)

      the fundamental suitability determinants; and

   2. (b)

      such other matters as are relevant.

2. (4)

   The regulations may provide that the expected migration pathway or pathways are to be ascertained on the basis of:

   1. (a)

      one or more assumptions (if any) specified in the regulations; and

   2. (b)

      a level of probability specified in the regulations; and

   3. (c)

      a methodology (if any) specified in the regulations.

Notional site closing certificate time

1. (6)

   For the purposes of the application of this section to a part of a geological formation covered by paragraph (1)(a), the notional site closing certificate time is worked out as follows:

   1. (a)

      assume that the particular amount of the particular greenhouse gas substance referred to in that paragraph was injected at the particular point or points referred to in that paragraph over the particular period referred to in that paragraph;

   2. (b)

      assume that, throughout that period, that part was an identified greenhouse gas storage formation;

   3. (c)

      assume that, throughout that period, operations for the injection of the greenhouse gas substance into that part:

      1. (i)

         were authorised by a greenhouse gas injection licence; and

      2. (ii)

         complied with the requirements of this Act and the regulations;

   4. (d)

      assume that, at the end of that period, operations for the injection of the greenhouse gas substance into that part ceased;

   5. (e)

      estimate the earliest time after the end of that period when the responsible Commonwealth Minister would be in a position to issue a site closing certificate in relation to the identified greenhouse gas storage formation;

   6. (f)

      that time is the notional site closing certificate time.

2. (7)

   For the purposes of the application of this section to a part of a geological formation covered by paragraph (1)(b), the notional site closing certificate time is worked out as follows:

   1. (a)

      assume that the engineering enhancements referred to in that paragraph had been made;

   2. (b)

      assume that the particular amount of the particular greenhouse gas substance referred to in that paragraph was injected at the particular point or points referred to in that paragraph over the particular period referred to in that paragraph;

   3. (c)

      assume that, throughout that period, that part was an identified greenhouse gas storage formation;

   4. (d)

      assume that, throughout that period, operations for the injection of the greenhouse gas substance into that part:

      1. (i)

         were authorised by a greenhouse gas injection licence; and

      2. (ii)

         complied with the requirements of this Act and the regulations;

   5. (e)

      assume that, at the end of that period, operations for the injection of the greenhouse gas substance into that part ceased;

   6. (f)

      estimate the earliest time after the end of that period when the responsible Commonwealth Minister would be in a position to issue a site closing certificate in relation to the identified greenhouse gas storage formation;

1. 1. (g)

      that time is the notional site closing certificate time.

Fundamental suitability determinants

1. (8)

   For the purposes of this Act, the following are the fundamental suitability determinants of an eligible greenhouse gas storage formation:

   1. (a)

      the particular amount referred to in whichever of paragraph (1)(a) or (b) is applicable;

   2. (b)

      the particular greenhouse gas substance referred to in whichever of paragraph (1)(a) or (b) is applicable;

   3. (c)

      the particular point or points referred to in whichever of paragraph (1)(a) or (b) is applicable;

   4. (d)

      the particular period referred to in whichever of paragraph (1)(a) or (b) is applicable;

   5. (e)

      if paragraph (1)(b) is applicable—the engineering enhancements referred to in that paragraph;

   6. (f)

      the effective sealing feature, attribute or mechanism that enables the permanent storage referred to in whichever of paragraph (1)(a) or (b) is applicable.

15CPotential greenhouse gas injection site

For the purposes of this Act, a potential greenhouse gas injection site is a place that:

1. (a)

   is a suitable place to make a well or wells to inject a greenhouse gas substance into a part of a geological formation; and

2. (b)

   is wholly situated in one or more offshore areas.

15DIncidental greenhouse gas‑related substance

Scope

1. (1)

   This section applies if either or both of the following substances (primary greenhouse gas substances) are captured from a particular source material:

   1. (a)

      carbon dioxide;

   2. (b)

      one or more prescribed greenhouse gases.

Incidental greenhouse gas‑related substance

1. (2)

   For the purposes of this Act, the following are incidental greenhouse gas‑related substances in relation to a primary greenhouse gas substance:

   1. (a)

      any substance that is incidentally derived from the source material;

   2. (b)

      any substance that is incidentally derived from the capture;

   3. (c)

      if the primary greenhouse gas substance, whether in a pure form or in a mixture with other substances, is transported—any substance that is incidentally derived from the transportation;

   4. (d)

      if the primary greenhouse gas substance, whether in a pure form or in a mixture with other substances, is injected into a part of a geological formation—any substance that is incidentally derived from the injection;

   5. (e)

      if the primary greenhouse gas substance, whether in a pure form or in a mixture with other substances, is stored in a part of a geological formation—any substance that is incidentally derived from the storage.

15ESite plan—identified greenhouse gas storage formation

For the purposes of this Act, a site plan, in relation to an identified greenhouse gas storage formation, is a document that:

1. (a)

   relates to the identified greenhouse gas storage formation; and

2. (b)

   complies with such requirements as are specified in the regulations; and

3. (c)

   is divided into the following parts:

   1. (i)

      Part A, which sets out predictions for the behaviour of a greenhouse gas substance stored in the identified greenhouse gas storage formation;

   2. (ii)

      Part B, which deals with other matters.

15FSignificant risk of a significant adverse impact—approval of key petroleum operations

1. (1)

   For the purposes of sections 79A, 79B, 114A, 114B, 138A and 138B and paragraph 435B(2)(a), the question of whether there is a significant risk that a key petroleum operation will have a significant adverse impact on:

   1. (a)

      operations for the injection of a greenhouse gas substance; or

   2. (b)

      operations for the storage of a greenhouse gas substance;

is to be determined in a manner ascertained in accordance with the regulations.

1. (2)

   A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:

   1. (a)

      the probability, or range of probabilities, of the occurrence of the adverse impact; and

   2. (b)

      the economic consequences of the adverse impact; and

   3. (c)

      the economic consequences of the adverse impact relative to the potential economic value of the operations referred to in whichever of paragraph (1)(a) or (b) is applicable.

2. (3)

   Subsection (2) does not limit the matters that may be taken into account.

3. (4)

   Subsections (1) and (2) have effect subject to subsections (5) and (6).

4. (5)

   For the purposes of sections 79A, 79B, 114A, 114B, 138A and 138B and paragraph 435B(2)(a), a key petroleum operation will have an adverse impact on:

   1. (a)

      operations for the injection of a greenhouse gas substance; or

   2. (b)

      operations for the storage of a greenhouse gas substance;

(the relevant greenhouse gas operations) if, and only if, the key petroleum operation will result in:

1. (c)

   an increase in the capital costs (other than prescribed costs) of the relevant greenhouse gas operations; or

2. (d)

   an increase in the operating costs (other than prescribed costs) of the relevant greenhouse gas operations; or

3. (e)

   a reduction in the rate of injection of the greenhouse gas substance; or

4. (f)

   a reduction in the quantity of the greenhouse gas substance that will be able to be stored.

1. (6)

   For the purposes of sections 79A, 79B, 114A, 114B, 138A and 138B and paragraph 435B(2)(a), if there is a risk that a key petroleum operation will have an adverse impact on:

   1. (a)

      operations for the injection of a greenhouse gas substance; or

   2. (b)

      operations for the storage of a greenhouse gas substance;

then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability‑weighted impact cost of the key petroleum operation is less than the amount that, under the regulations, is taken to be the threshold amount.

15FASignificant risk of a significant adverse impact—grant of production licence

1. (1)

   For the purposes of sections 145 and 146, the question of whether there is a significant risk that any of the operations that could be carried on under a production licence will have a significant adverse impact on operations that are being, or could be, carried on under:

   1. (a)

      a greenhouse gas assessment permit; or

   2. (b)

      a greenhouse gas holding lease; or

   3. (c)

      a greenhouse gas injection licence;

is to be determined in a manner ascertained in accordance with the regulations.

1. (2)

   A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:

   1. (a)

      the probability, or range of probabilities, of the occurrence of the adverse impact; and

   2. (b)

      the economic consequences of the adverse impact; and

   3. (c)

      the economic consequences of the adverse impact relative to the potential economic value of the operations that are being, or could be, carried on under the permit, lease or licence referred to in whichever of paragraph (1)(a), (b) or (c) is applicable.

2. (3)

   Subsection (2) does not limit the matters that may be taken into account.

3. (4)

   Subsections (1) and (2) have effect subject to subsections (5) and (6).

4. (5)

   For the purposes of sections 145 and 146, an operation that could be carried on under a production licence (the production licence operation) will have an adverse impact on operations (the relevant greenhouse gas operations) that are being, or could be, carried on under:

   1. (a)

      a greenhouse gas assessment permit; or

   2. (b)

      a greenhouse gas holding lease; or

   3. (c)

      a greenhouse gas injection licence;

if, and only if, the production licence operation will result in:

1. (d)

   an increase in the capital costs (other than prescribed costs) of the relevant greenhouse gas operations; or

2. (e)

   an increase in the operating costs (other than prescribed costs) of the relevant greenhouse gas operations; or

3. (f)

   a reduction in the rate of injection of the greenhouse gas substance; or

4. (g)

   a reduction in the quantity of the greenhouse gas substance that will be able to be stored.

1. (6)

   For the purposes of sections 145 and 146, if there is a risk that an operation that could be carried on under a production licence (the production licence operation) will have an adverse impact on operations that are being, or could be, carried on under:

   1. (a)

      a greenhouse gas assessment permit; or

   2. (b)

      a greenhouse gas holding lease; or

   3. (c)

      a greenhouse gas injection licence;

then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability‑weighted impact cost of the production licence operation is less than the amount that, under the regulations, is taken to be the threshold amount.

15FBSignificant risk of a significant adverse impact—approval of key greenhouse gas operations

1. (1)

   For the purposes of sections 249AF and 249BD and paragraph 435B(2)(b), the question of whether there is a significant risk that a key greenhouse gas operation will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

   1. (a)

      an existing exploration permit; or

   2. (b)

      an existing retention lease; or

   3. (c)

      an existing production licence; or

   4. (d)

      a future exploration permit; or

   5. (e)

      a future retention lease; or

   6. (f)

      a future production licence;

is to be determined in a manner ascertained in accordance with the regulations.

1. (2)

   A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:

   1. (a)

      the probability, or range of probabilities, of the occurrence of the adverse impact; and

   2. (b)

      the economic consequences of the adverse impact; and

   3. (c)

      the economic consequences of the adverse impact relative to the potential economic value of the petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under the permit, lease or licence referred to in whichever of paragraph (1)(a), (b), (c), (d), (e) or (f) is applicable.

2. (3)

   Subsection (2) does not limit the matters that may be taken into account.

3. (4)

   Subsections (1) and (2) have effect subject to subsections (5) and (6).

4. (5)

   For the purposes of sections 249AF and 249BD and paragraph 435B(2)(b), a key greenhouse gas operation will have an adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

   1. (a)

      an existing exploration permit; or

   2. (b)

      an existing retention lease; or

   3. (c)

      an existing production licence; or

   4. (d)

      a future exploration permit; or

   5. (e)

      a future retention lease; or

   6. (f)

      a future production licence;

if, and only if, the key greenhouse gas operation will result in:

1. (g)

   an increase in the capital costs (other than prescribed costs) of the petroleum exploration operations or petroleum recovery operations; or

2. (h)

   an increase in the operating costs (other than prescribed costs) of the petroleum exploration operations or petroleum recovery operations; or

3. (i)

   a reduction in the rate of recovery of the petroleum; or

4. (j)

   a reduction in the quantity of the petroleum that will be able to be recovered.

1. (6)

   For the purposes of sections 249AF and 249BD and paragraph 435B(2)(b), if there is a risk that a key greenhouse gas operation will have an adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:

   1. (a)

      an existing exploration permit; or

   2. (b)

      an existing retention lease; or

   3. (c)

      an existing production licence; or

   4. (d)

      a future exploration permit; or

   5. (e)

      a future retention lease; or

   6. (f)

      a future production licence;

then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability‑weighted impact cost of the key greenhouse gas operation is less than the amount that, under the regulations, is taken to be the threshold amount.

15FCSignificant risk of a significant adverse impact—grant of greenhouse gas injection licence

1. (1)

   For the purposes of sections 249CI and 249CR and paragraph 435B(2)(c), the question of whether there is a significant risk that any of the operations that could be carried on under a greenhouse gas injection licence will have a significant adverse impact on operations that are being, or could be, carried on under:

   1. (a)

      an existing exploration permit; or

   2. (b)

      an existing retention lease; or

   3. (c)

      an existing production licence; or

   4. (d)

      a future exploration permit; or

   5. (e)

      a future retention lease; or

   6. (f)

      a future production licence;

is to be determined in a manner ascertained in accordance with the regulations.

1. (2)

   A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:

   1. (a)

      the probability, or range of probabilities, of the occurrence of the adverse impact; and

   2. (b)

      the economic consequences of the adverse impact; and

   3. (c)

      the economic consequences of the adverse impact relative to the potential economic value of the operations that are being, or could be, carried on under the permit, lease or licence referred to in whichever of paragraph (1)(a), (b), (c), (d), (e) or (f) is applicable.

2. (3)

   Subsection (2) does not limit the matters that may be taken into account.

3. (4)

   Subsections (1) and (2) have effect subject to subsections (5) and (6).

4. (5)

   For the purposes of sections 249CI and 249CR and paragraph 435B(2)(c), an operation that could be carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on operations (the relevant petroleum operations) that are being, or could be, carried on under:

   1. (a)

      an existing exploration permit; or

   2. (b)

      an existing retention lease; or

   3. (c)

      an existing production licence; or

   4. (d)

      a future exploration permit; or

   5. (e)

      a future retention lease; or

   6. (f)

      a future production licence;

if, and only if, the injection licence operation will result in:

1. (g)

   an increase in the capital costs (other than prescribed costs) of the relevant petroleum operations; or

2. (h)

   an increase in the operating costs (other than prescribed costs) of the relevant petroleum operations; or

3. (i)

   a reduction in the rate of recovery of the petroleum; or

4. (j)

   a reduction in the quantity of the petroleum that will be able to be recovered.

1. (6)

   For the purposes of sections 249CI and 249CR and paragraph 435B(2)(c), if there is a risk that an operation that could be carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on operations that are being, or could be, carried on under:

   1. (a)

      an existing exploration permit; or

   2. (b)

      an existing retention lease; or

   3. (c)

      an existing production licence; or

   4. (d)

      a future exploration permit; or

   5. (e)

      a future retention lease; or

   6. (f)

      a future production licence;

then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability‑weighted impact cost of the injection licence operation is less than the amount that, under the regulations, is taken to be the threshold amount.

15FDSignificant risk of a significant adverse impact—power of responsible Commonwealth Minister to protect petroleum

1. (1)

   For the purposes of section 249CZC and paragraph 435B(2)(d), the question of whether there is a significant risk that any of the operations that are being, or could be, carried on under a greenhouse gas injection licence will have a significant adverse impact on:

   1. (a)

      operations to recover petroleum; or

   2. (b)

      the commercial viability of the recovery of petroleum;

is to be determined in a manner ascertained in accordance with the regulations.

1. (2)

   A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:

   1. (a)

      the probability, or range of probabilities, of the occurrence of the adverse impact; and

   2. (b)

      the economic consequences of the adverse impact; and

   3. (c)

      the economic consequences of the adverse impact relative to the potential economic value of the operations or recovery referred to in whichever of paragraph (1)(a) or (b) is applicable.

2. (3)

   Subsection (2) does not limit the matters that may be taken into account.

3. (4)

   Subsections (1) and (2) have effect subject to subsections (5) and (6).

4. (5)

   For the purposes of section 249CZC and paragraph 435B(2)(d), an operation that could be carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on:

   1. (a)

      operations to recover petroleum; or

   2. (b)

      the commercial viability of the recovery of petroleum;

if, and only if, the injection licence operation will result in:

1. (c)

   an increase in the capital costs (other than prescribed costs) of the recovery of the petroleum; or

2. (d)

   an increase in the operating costs (other than prescribed costs) of the recovery of the petroleum; or

3. (e)

   a reduction in the rate of recovery of the petroleum; or

4. (f)

   a reduction in the quantity of the petroleum that will be able to be recovered.

1. (6)

   For the purposes of section 249CZC and paragraph 435B(2)(d), if there is a risk that an operation that is being, or could be, carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on:

   1. (a)

      operations to recover petroleum; or

   2. (b)

      the commercial viability of the recovery of petroleum;

then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability‑weighted impact cost of the injection licence operation is less than the amount that, under the regulations, is taken to be the threshold amount.

15GDirection given by the responsible Commonwealth Minister

A reference in this Act to a direction given by the responsible Commonwealth Minister does not include a reference to a direction given by the responsible Commonwealth Minister:

1. (a)

   in his or her capacity as, or as a member of, the Joint Authority for an offshore area; or

2. (b)

   in his or her capacity as the Designated Authority for an offshore area.

15HSecurities

Greenhouse gas titles

1. (1)

   For the purposes of this Act, if:

   1. (a)

      a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force; and

   2. (b)

      either:

      1. (i)

         the successful applicant for the permit, lease or licence lodged a security with the responsible Commonwealth Minister in response to the offer document for the permit, lease or licence; or

      2. (ii)

         the registered holder, or a former registered holder, of the permit, lease or licence lodged a security with the responsible Commonwealth Minister in response to a notice under section 249NCA; and

   3. (c)

      the security has not been wholly discharged;

the security is taken to be in force in relation to the permit, lease or licence.

Site closing certificate

1. (2)

   For the purposes of this Act, if:

   1. (a)

      a site closing certificate is in force; and

   2. (b)

      the successful applicant for the certificate lodged a security with the responsible Commonwealth Minister in response to the pre‑certificate notice for the site closing certificate; and

   3. (c)

      the security has not been wholly discharged;

the security is taken to be in force in relation to the site closing certificate.

Note: For pre‑certificate notice, see section 249CZF.

15JDesignated agreements

For the purposes of this Act, a designated agreement is an agreement of the kind referred to in any of the following provisions:

1. (a)

   paragraph 79A(5)(f);

2. (b)

   paragraph 79A(6)(d);

3. (c)

   subsection 79A(10);

4. (d)

   paragraph 114A(5)(f);

5. (e)

   paragraph 114A(6)(d);

6. (f)

   subsection 114A(10);

7. (g)

   paragraph 138A(5)(f);

8. (h)

   paragraph 138A(6)(d);

9. (i)

   subsection 138A(10);

10. (j)

    paragraph 249AF(5)(d);

11. (k)

    paragraph 249AF(6)(d);

12. (l)

    subsection 249AF(11);

13. (m)

    subsection 249AF(12);

14. (n)

    paragraph 249BD(5)(d);

15. (o)

    paragraph 249BD(6)(d);

16. (p)

    subsection 249BD(11);

17. (q)

    subsection 249BD(12);

18. (r)

    subparagraph 249CI(1)(d)(iii);

19. (s)

    subparagraph 249CI(1)(e)(iii);

20. (t)

    subparagraph 249CI(2)(d)(iii);

21. (u)

    subparagraph 249CI(2)(e)(iii);

22. (v)

    paragraph 249CI(3)(a);

23. (w)

    subparagraph 249CR(d)(v);

24. (x)

    paragraph 249CR(e);

25. (y)

    paragraph 249CR(f);

26. (z)

    paragraph 249CR(g);

27. (za)

    paragraph 249CZC(1)(e).

109A

Section 21

Insert:

greenhouse gas title means:

1. (a)

   a greenhouse gas assessment permit; or

2. (b)

   a greenhouse gas holding lease; or

3. (c)

   a greenhouse gas injection licence; or

4. (d)

   a greenhouse gas search authority; or

5. (e)

   a greenhouse gas special authority.

109B

Section 21

Insert:

petroleum title means:

1. (a)

   an exploration permit; or

2. (b)

   a retention lease; or

3. (c)

   a production licence; or

4. (d)

   an infrastructure licence; or

5. (e)

   a pipeline licence; or

6. (f)

   a special prospecting authority; or

1. (g)

   an access authority.

109C

Section 21 (definition of title)

Repeal the definition, substitute:

title means:

1. (a)

   a greenhouse gas title; or

2. (b)

   a petroleum title.

110

Subparagraph 55(1)(a)(i)

Before “this Act”, insert “Chapter 2, 3 or 5 of”.

111

Subparagraph 55(1)(a)(ii)

Before “the”, insert “section 4 of”.

112

Subparagraph 55(1)(a)(iii)

Before “the”, insert “section 5 or 6 of”.

113

Section 57

Omit:

• The general body of laws in force in a State or Territory applies, as laws of the Commonwealth, to petroleum exploration, exploitation and conveyance activities in the offshore area of that State or Territory.

substitute:

• The general body of laws in force in a State or Territory applies, as laws of the Commonwealth, to:

1. (a)

   petroleum exploration, exploitation and conveyance activities in the offshore area of that State or Territory; and

2. (b)

   greenhouse gas injection and storage activities in the offshore area of that State or Territory.

114

At the end of subsection 59(4)

Add:

1. ; or (c)

   exploring the seabed or subsoil of the offshore area for a potential greenhouse gas storage formation or a potential greenhouse gas injection site; or

2. (d)

   the injection of a greenhouse gas substance into the seabed or subsoil of the offshore area; or

3. (e)

   the storage of a greenhouse gas substance in the seabed or subsoil of the offshore area; or

4. (f)

   the conveyance of a greenhouse gas substance across the offshore area.

115

Subparagraph 59(5)(a)(iv)

Omit “and”, substitute “or”.

116

At the end of paragraph 59(5)(a)

Add:

1. (v)

   exploring the seabed or subsoil of the offshore area for a potential greenhouse gas storage formation or a potential greenhouse gas injection site; or

2. (vi)

   the injection of a greenhouse gas substance into the seabed or subsoil of the offshore area; or

3. (vii)

   the storage of a greenhouse gas substance in the seabed or subsoil of the offshore area; or

4. (viii)

   the conveyance of a greenhouse gas substance across the offshore area; and

117

Section 75

Omit:

• An infrastructure licence authorises the licensee to construct and operate an infrastructure facility in the licence area.

• A pipeline licence authorises the licensee to construct and operate a pipeline.

substitute:

• An infrastructure licence authorises the licensee to construct and operate an infrastructure facility in the licence area. An infrastructure facility may relate to petroleum or a greenhouse gas substance.

• A pipeline licence authorises the licensee to construct and operate a pipeline. A pipeline may be used to convey petroleum or a greenhouse gas substance.

117A

After subsection 78(1)

Insert:

1. (1A)

   Express references in this Act to the injection or storage of a substance do not imply that subsection (1) does not operate so as to authorise the permittee:

   1. (a)

      to carry on operations to inject a substance into the seabed or subsoil of an offshore area; or

   2. (b)

      to carry on operations to store (whether on a permanent basis or otherwise) a substance in the seabed or subsoil of an offshore area.

2. (1B)

   The regulations may provide that an exploration permit authorises the permittee, in accordance with the conditions (if any) to which the permit is subject:

   1. (a)

      to explore in the permit area for a potential greenhouse gas storage formation; and

   2. (b)

      to explore in the permit area for a potential greenhouse gas injection site; and

   3. (c)

      to carry on such operations, and execute such works, in the permit area as are necessary for those purposes.

117B

Subsection 78(2)

Omit “subsection (1)”, substitute “or under subsection (1) or (1B)”.

118

At the end of subsection 79(6)

Add “or (10)”.

119

At the end of section 79

Add:

Declared exploration permits—approval of key petroleum operations

1. (8)

   A declared exploration permit is subject to the condition that the permittee will not carry on key petroleum operations under the permit unless the responsible Commonwealth Minister has approved the operations under section 79A.

2. (9)

   Despite subsection (2), the condition mentioned in subsection (8) does not need to be specified in the permit.

3. (10)

   If, under section 79A, the responsible Commonwealth Minister approves the carrying on of one or more key petroleum operations under a declared exploration permit, the responsible Commonwealth Minister may, by written notice given to the permittee, vary the permit by imposing one or more conditions to which the permit is subject.

4. (11)

   A variation of a declared exploration permit under subsection (10) takes effect on the day on which notice of the variation is given to the permittee.

5. (12)

   A condition imposed under subsection (10) may require the permittee to ensure that:

   1. (a)

      all wells; or

   2. (b)

      one or more specified wells;

made in the permit area by any person engaged or concerned in operations authorised by the permit are made in a manner, and to a standard, that will facilitate the plugging or closing off of the wells in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.

1. (13)

   Subsection (12) does not limit:

   1. (a)

      subsection (10); or

   2. (b)

      Part 4.2; or

   3. (c)

      Part 4.3.

2. (14)

   If:

   1. (a)

      a declared exploration permit is subject to a condition; and

   2. (b)

      the condition was imposed under subsection (10);

the responsible Commonwealth Minister may, by written notice given to the permittee, vary or revoke the condition.

1. (15)

   A variation of a declared exploration permit under subsection (14) takes effect on the day on which notice of the variation is given to the permittee.

2. (16)

   Subsection (14) does not limit section 227.

120

After section 79

Insert:

79ADeclared exploration permit—approval by responsible Commonwealth Minister of key petroleum operations

1. (1)

   The registered holder of a declared exploration permit may apply to the responsible Commonwealth Minister for approval to carry on one or more key petroleum operations under the permit.

2. (2)

   If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:

   1. (a)

      give the approval; or

   2. (b)

      by written notice given to the applicant, refuse to give the approval.

Responsible Commonwealth Minister must have regard to certain matters

1. (3)

   In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6) and (7).

2. (4)

   The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key petroleum operations could have on:

   1. (a)

      operations for the injection of a greenhouse gas substance; or

   2. (b)

      operations for the storage of a greenhouse gas substance;

that are being, or could be, carried on under:

1. (c)

   an existing greenhouse gas assessment permit; or

2. (d)

   an existing greenhouse gas holding lease; or

3. (e)

   an existing greenhouse gas injection licence; or

4. (f)

   if a greenhouse gas assessment permit or a greenhouse gas holding lease is in force over a block or blocks:

   1. (i)

      a future greenhouse gas holding lease over the block or any of the blocks; or

   2. (ii)

      a future greenhouse gas injection licence over the block or any of the blocks.

1. (5)

   If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:

   1. (a)

      operations for the injection of a greenhouse gas substance; or

   2. (b)

      operations for the storage of a greenhouse gas substance;

that are being, or could be, carried on under:

1. (c)

   an existing greenhouse gas assessment permit held by a person other than the applicant; or

2. (d)

   an existing greenhouse gas holding lease held by a person other than the applicant; or

3. (e)

   an existing greenhouse gas injection licence held by a person other than the applicant;

the responsible Commonwealth Minister must have regard to:

1. (f)

   whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence, as the case may be, has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and

2. (g)

   if so—the terms of that agreement.

1. (6)

   If:

   1. (a)

      the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:

      1. (i)

         operations for the injection of a greenhouse gas substance; or

      2. (ii)

         operations for the storage of a greenhouse gas substance;

   that could be carried on under:

   1. (iii)

      a future greenhouse gas holding lease over a block or blocks; or

   2. (iv)

      a future greenhouse gas injection licence over a block or blocks; and

   1. (b)

      a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force over the block or any of the blocks; and

   2. (c)

      the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is held by a person other than the applicant;

the responsible Commonwealth Minister must have regard to:

1. (d)

   whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and

2. (e)

   if so—the terms of that agreement.

1. (7)

   The responsible Commonwealth Minister must have regard to the public interest.

2. (8)

   Subsections (4), (5) and (6) do not limit subsection (7).

3. (9)

   Subsections (4), (5), (6) and (7) do not limit the matters to which the responsible Commonwealth Minister may have regard.

Responsible Commonwealth Minister must not give approval in certain circumstances

1. (10)

   If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:

   1. (a)

      operations for the injection of a greenhouse gas substance; or

   2. (b)

      operations for the storage of a greenhouse gas substance;

that are being, or could be, carried on under an existing greenhouse gas injection licence, the responsible Commonwealth Minister must not give the approval unless the registered holder of the greenhouse gas injection licence has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied.

No right to an approval

1. (11)

   To avoid doubt, section 78 does not imply that an exploration permittee who applies for approval under subsection (1) of this section is entitled to be given the approval.

Suspension of rights

1. (12)

   For the purposes of this section, disregard a suspension of rights under section 249KC.

79BDeclared exploration permits

1. (1)

   If:

   1. (a)

      a post‑commencement exploration permit is in force; and

   2. (b)

      the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the key petroleum operations that could be carried on under the permit will have a significant adverse impact on:

      1. (i)

         operations for the injection of a greenhouse gas substance; or

      2. (ii)

         operations for the storage of a greenhouse gas substance;

   that are being, or could be, carried on under:

   1. (iii)

      an existing greenhouse gas assessment permit; or

   2. (iv)

      an existing greenhouse gas holding lease; or

   3. (v)

      an existing greenhouse gas injection licence; or

   4. (vi)

      a future greenhouse gas assessment permit; or

   5. (vii)

      a future greenhouse gas holding lease; or

   6. (viii)

      a future greenhouse gas injection licence;

the responsible Commonwealth Minister may, by written notice given to the exploration permittee, determine that the exploration permit is a declared exploration permit for the purposes of this Act.

1. (2)

   If:

   1. (a)

      a determination is in force under subsection (1) in relation to a post‑commencement exploration permit; and

   2. (b)

      the responsible Commonwealth Minister is not satisfied that there is a significant risk that any of the key petroleum operations that could be carried on under the permit will have a significant adverse impact on:

      1. (i)

         operations for the injection of a greenhouse gas substance; or

      2. (ii)

         operations for the storage of a greenhouse gas substance;

   that are being, or could be, carried on under:

   1. (iii)

      an existing greenhouse gas assessment permit; or

   2. (iv)

      an existing greenhouse gas holding lease; or

   3. (v)

      an existing greenhouse gas injection licence; or

   4. (vi)

      a future greenhouse gas assessment permit; or

   5. (vii)

      a future greenhouse gas holding lease; or

   6. (viii)

      a future greenhouse gas injection licence;

the responsible Commonwealth Minister must, by written notice given to the exploration permittee, revoke the determination.

120A

After subsection 113(1)

Insert:

1. (1A)

   Express references in this Act to the injection or storage of a substance do not imply that subsection (1) does not operate so as to authorise the lessee:

   1. (a)

      to carry on operations to inject a substance into the seabed or subsoil of an offshore area; or

   2. (b)

      to carry on operations to store (whether on a permanent basis or otherwise) a substance in the seabed or subsoil of an offshore area.

2. (1B)

   The regulations may provide that a retention lease authorises the lessee, in accordance with the conditions (if any) to which the lease is subject:

   1. (a)

      to explore in the lease area for a potential greenhouse gas storage formation; and

   2. (b)

      to explore in the lease area for a potential greenhouse gas injection site; and

   3. (c)

      to carry on such operations, and execute such works, in the lease area as are necessary for those purposes.

120B

Subsection 113(2)

Omit “subsection (1)”, substitute “or under subsection (1) or (1B)”.

121

At the end of subsection 114(10)

Add “or (13)”.

122

At the end of section 114

Add:

Declared retention leases—approval of key petroleum operations

1. (11)

   A declared retention lease is subject to the condition that the lessee will not carry on key petroleum operations under the lease unless the responsible Commonwealth Minister has approved the operations under section 114A.

2. (12)

   Despite subsection (2), the condition mentioned in subsection (11) does not need to be specified in the lease.

3. (13)

   If, under section 114A, the responsible Commonwealth Minister approves the carrying on of one or more key petroleum operations under a declared retention lease, the responsible Commonwealth Minister may, by written notice given to the lessee, vary the lease by imposing one or more conditions to which the lease is subject.

4. (14)

   A variation of a declared retention lease under subsection (13) takes effect on the day on which notice of the variation is given to the lessee.

5. (15)

   A condition imposed under subsection (13) may require the lessee to ensure that:

   1. (a)

      all wells; or

   2. (b)

      one or more specified wells;

made in the lease area by any person engaged or concerned in operations authorised by the lease are made in a manner, and to a standard, that will facilitate the plugging or closing off of the wells in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.

1. (16)

   Subsection (15) does not limit:

   1. (a)

      subsection (13); or

   2. (b)

      Part 4.2; or

   3. (c)

      Part 4.3.

2. (17)

   If:

   1. (a)

      a declared retention lease is subject to a condition; and

   2. (b)

      the condition was imposed under subsection (13);

the responsible Commonwealth Minister may, by written notice given to the lessee, vary or revoke the condition.

1. (18)

   A variation of a declared retention lease under subsection (17) takes effect on the day on which notice of the variation is given to the lessee.

2. (19)

   Subsection (18) does not limit section 227.

123

After section 114

Insert:

114ADeclared retention lease—approval by responsible Commonwealth Minister of key petroleum operations

1. (1)

   The registered holder of a declared retention lease may apply to the responsible Commonwealth Minister for approval to carry on one or more key petroleum operations under the lease.

2. (2)

   If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:

   1. (a)

      give the approval; or

   2. (b)

      by written notice given to the applicant, refuse to give the approval.

Responsible Commonwealth Minister must have regard to certain matters

1. (3)

   In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6) and (7).

2. (4)

   The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key petroleum operations could have on:

   1. (a)

      operations for the injection of a greenhouse gas substance; or

   2. (b)

      operations for the storage of a greenhouse gas substance;

that are being, or could be, carried on under:

1. (c)

   an existing greenhouse gas assessment permit; or

2. (d)

   an existing greenhouse gas holding lease; or

3. (e)

   an existing greenhouse gas injection licence; or

4. (f)

   if a greenhouse gas assessment permit or a greenhouse gas holding lease is in force over a block or blocks:

   1. (i)

      a future greenhouse gas holding lease over the block or any of the blocks; or

   2. (ii)

      a future greenhouse gas injection licence over the block or any of the blocks.

1. (5)

   If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:

   1. (a)

      operations for the injection of a greenhouse gas substance; or

   2. (b)

      operations for the storage of a greenhouse gas substance;

that are being, or could be, carried on under:

1. (c)

   an existing greenhouse gas assessment permit held by a person other than the applicant; or

2. (d)

   an existing greenhouse gas holding lease held by a person other than the applicant; or

3. (e)

   an existing greenhouse gas injection licence held by a person other than the applicant;

the responsible Commonwealth Minister must have regard to:

1. (f)

   whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence, as the case may be, has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and

2. (g)

   if so—the terms of that agreement.

1. (6)

   If:

   1. (a)

      the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:

      1. (i)

         operations for the injection of a greenhouse gas substance; or

      2. (ii)

         operations for the storage of a greenhouse gas substance;

   that could be carried on under:

   1. (iii)

      a future greenhouse gas holding lease over a block or blocks; or

   2. (iv)

      a future greenhouse gas injection licence over a block or blocks; and

   1. (b)

      a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is in force over the block or any of the blocks; and

   2. (c)

      the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence is held by a person other than the applicant;

the responsible Commonwealth Minister must have regard to:

1. (d)

   whether the registered holder of the greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied; and

2. (e)

   if so—the terms of that agreement.

1. (7)

   The responsible Commonwealth Minister must have regard to the public interest.

2. (8)

   Subsections (4), (5) and (6) do not limit subsection (7).

3. (9)

   Subsections (4), (5), (6) and (7) do not limit the matters to which the responsible Commonwealth Minister may have regard.

Responsible Commonwealth Minister must not give approval in certain circumstances

1. (10)

   If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key petroleum operations will have a significant adverse impact on:

   1. (a)

      operations for the injection of a greenhouse gas substance; or

   2. (b)

      operations for the storage of a greenhouse gas substance;

that are being, or could be, carried on under an existing greenhouse gas injection licence, the responsible Commonwealth Minister must not give the approval unless the registered holder of the greenhouse gas injection licence has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the responsible Commonwealth Minister is so satisfied.

No right to an approval

1. (11)

Note: The headings to sections of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 are altered as follows:

(a) by omitting “scientific investigation consent” (wherever occurring) and substituting “petroleum scientific investigation consent”;

(b) by omitting “scientific investigation consents” and substituting “petroleum scientific investigation consents”.

Part 3Consequential amendments

Offshore Petroleum (Royalty) Act 2006

1. 44A

   Section 4 (definition of North West Shelf production licence)

Before “production licence that”, insert “petroleum”.

1. 44B

   Section 4 (definition of North West Shelf retention lease)

Before “retention lease that”, insert “petroleum”.

44C

Section 4

Insert:

primary petroleum production licence has the same meaning as in Schedule 4 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

1. 45

   Section 4 (definition of primary production licence)

Repeal the definition.

45A

Section 4

Insert:

secondary petroleum production licence has the same meaning as in Schedule 4 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

1. 46

   Section 4 (definition of secondary production licence)

Repeal the definition.

47

Subsection 6(1)

Omit “a production licence is”, substitute “a petroleum production licence is”.

Note: The heading to section 6 is altered by inserting “petroleum” before “production”.

48

Subsection 6(1) (table items 1, 2, 3, 4 and 5)

Before “production” (wherever occurring), insert “petroleum”.

49

Subsections 6(2) and (6)

Before “production” (wherever occurring), insert “petroleum”.

Note: The heading to subsection 6(2) is altered by inserting “petroleum” before “production”.

50

Subsections 7(1) and (2)

Omit “an exploration”, substitute “a petroleum exploration”.

Note: The heading to section 7 is altered by inserting “petroleum” before “exploration”.

51

Subsections 8(1) and (2)

Before “retention”, insert “petroleum”.

Note: The heading to section 8 is altered by inserting “petroleum” before “retention”.

52

Paragraph 10(1)(b)

Omit “exploration permit, retention lease or production licence”, substitute “petroleum exploration permit, petroleum retention lease or petroleum production licence”.

53

Subsection 10(2)

Omit “an exploration permit, retention lease or production licence”, substitute “a petroleum exploration permit, petroleum retention lease or petroleum production licence”.

54

Sections 11 and 12

Omit “exploration permit, retention lease or production licence”, substitute “petroleum exploration permit, petroleum retention lease or petroleum production licence”.

55

Section 13

Omit “an exploration permit, retention lease or production licence”, substitute “a petroleum exploration permit, petroleum retention lease or petroleum production licence”.

56

Subsection 14(2)

Omit “exploration permit, retention lease or production licence”, substitute “petroleum exploration permit, petroleum retention lease or petroleum production licence”.

57

Paragraph 5(2)(b) of Schedule 1

Before “production”, insert “petroleum”.

Petroleum Excise (Prices) Act 1987

1. 58

   Subsection 4(1) (paragraph (b) of the definition of oil producer)

Before “production”, insert “petroleum”.

Petroleum Resource Rent Tax Assessment Act 1987

59

Section 2 (definition of access authority)

Omit “has the same meaning as in”, substitute “means a petroleum access authority within the meaning of”.

60

Section 2 (definition of exploration permit)

Omit “has the same meaning as in”, substitute “means a petroleum exploration permit within the meaning of”.

1. 61

   Section 2 (definition of exploration permit area)

Omit “has the same meaning as in”, substitute “means a petroleum exploration permit area within the meaning of”.

1. 62

   Section 2 (paragraph (a) of the definition of production licence)

Before “production”, insert “petroleum”.

1. 63

   Section 2 (definition of production licence area)

After “means a”, insert “petroleum”.

64

Section 2 (definition of retention lease)

Omit “has the same meaning as in”, substitute “means a petroleum retention lease within the meaning of”.

65

Section 2 (definition of retention lease area)

Omit “has the same meaning as in”, substitute “means a petroleum retention lease area within the meaning of”.

Schedule 3Other consequential amendments

Australian Energy Market Act 2004

1

Subsection 3(1) (definition of coastal waters)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

2

Subsection 3(1) (definition of offshore area)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Australian Postal Corporation Act 1989

3

Subsection 9(4) (definition of offshore area)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Coral Sea Islands Act 1969

4

Subsection 8(3)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Corporations Act 2001

1. 5

   Section 9 (paragraph (b) of the definition of coastal sea)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Crimes at Sea Act 2000

6

Clause 14 of Schedule 1

Omit “Offshore Petroleum Act 2006” (wherever occurring), substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Customs Act 1901

1. 9

   Subsection 4(1) (subparagraph (a)(i) of the definition of Australian seabed)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

10

Subsection 4(1) (definition of Coral Sea area)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

11

Paragraphs 8(2)(a) and (3)(a)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Customs Tariff Act 1995

1. 12

   Subsection 3(1) (paragraph (e) of the definition of petroleum activity)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

1. 13

   Schedule 4 (item 22A, the description of goods in column 2)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Environment Protection and Biodiversity Conservation Act 1999

14

Paragraph 524(3)(f)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Income Tax Assessment Act 1936

15

Subparagraph 6AA(4)(e)(i)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

International Tax Agreements Act 1953

16

Subsection 3(7A)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Maritime Transport and Offshore Facilities Security Act 2003

17

Section 10 (definition of petroleum)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

18

Paragraph 17C(2)(d)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Migration Act 1958

1. 19

   Subsection 5(1) (subparagraph (a)(i) of the definition of Australian seabed)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

20

Subsection 5(1) (definition of Coral Sea area)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Navigation Act 1912

22

Subsection 283K(1)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Note: The heading to section 283K is altered by omitting “Offshore Petroleum Act 2006” and substituting “Offshore Petroleum and Greenhouse Gas StorageAct 2006”.

Occupational Health and Safety (Maritime Industry) Act 1993

1. 23

   Section 4 (paragraph (a) of the definition of prescribed ship)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Offshore Minerals Act 1994

1. 24

   Readers guide (first asterisk‑point under the heading “Basic concepts”)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

25

Section 3

Omit “Offshore Petroleum Act 2006” (wherever occurring), substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

26

Subsection 13(1)

Omit “Offshore Petroleum Act 2006” (wherever occurring), substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

28

Subsection 14(1)

Omit “Offshore Petroleum Act 2006” (wherever occurring), substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

29

Subsection 14(2) (note)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

30

Subsection 16(1)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

31

Section 35 (note 2)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Offshore Petroleum Amendment (Greater Sunrise) Act 2007

1. 31AA

   Subitem 97(4) of Schedule 1 (definition of Greater Sunrise unitisation agreement)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Offshore Petroleum (Repeals and Consequential Amendments) Act 2006

1. 31AB

   Paragraphs 95(d), (e), (f), (g) and (h) of Schedule 2

Omit “Offshore Petroleum Act 2006” (wherever occurring), substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Offshore Petroleum (Royalty) Act 2006

31A

Section 3

Omit “Offshore Petroleum Act 2006” (wherever occurring), substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Note: The heading to section 3 is altered by omitting “Offshore Petroleum Act 2006” and substituting “Offshore Petroleum and Greenhouse Gas StorageAct 2006”.

31D

Section 5 (note 2)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

31E

Subsection 6(1) (table item 4)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

31F

Paragraphs 5(2)(a) and (b) of Schedule 1

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Petroleum Excise (Prices) Act 1987

1. 32

   Subsection 4(1) (paragraph (b) of the definition of oil producer)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Petroleum Resource Rent Tax Assessment Act 1987

33

Section 2 (definition of access authority)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

34

Section 2 (definition of block)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

35

Section 2 (definition of certifying Minister)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

1. 36

   Section 2 (definition of designated frontier expenditure)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

37

Section 2 (definition of excluded fee)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

38

Section 2 (definition of exploration permit)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

1. 39

   Section 2 (definition of exploration permit area)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

1. 39A

   Section 2 (definition of Greater Sunrise unit area)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

1. 39B

   Section 2 (definition of Greater Sunrise unit reservoirs)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

1. 40

   Section 2 (definition of holder of a registered interest)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

1. 41

   Section 2 (definition of infrastructure licence)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

42

Section 2 (definition of petroleum)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

43

Section 2 (definition of pipeline licence)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

1. 44

   Section 2 (paragraph (a) of the definition of production licence)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

1. 45

   Section 2 (definition of production licence area)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

46

Section 2 (definition of registered holder)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

47

Section 2 (definition of retention lease)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

48

Section 2 (definition of retention lease area)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

1. 48A

   Section 2 (definition of Western Greater Sunrise Area)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

48B

Subsection 2C(1)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

49

Section 3

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

49A

Subsection 23(4)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

50

Paragraph 34A(1)(a)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

52

Subsection 36B(1)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

1. 53

   Subsection 36B(6) (definition of potential exploration permit area)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

1. 54

   Clause 1 of the Schedule (paragraphs (a) and (b) of the definition of relevant pre‑commencement day)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Quarantine Act 1908

1. 55

   Subsection 5(1) (subparagraph (a)(i) of the definition of Australian seabed)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

56

Subsection 5(1) (definition of Coral Sea area)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Radiocommunications Act 1992

57

Subsection 17(3) (definition of offshore area)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

1. 57A

   Subsection 17A(3) (definition of Greater Sunrise unit reservoirs)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

1. 57B

   Subsection 17A(3) (definition of Western Greater Sunrise area)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Sea Installations Act 1987

58

Subsection 4(1) (definition of Petroleum Act)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Telecommunications Act 1997

59

Subsection 11(5) (definition of offshore area)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Trade Practices Act 1974

60

Paragraph 4N(1)(b)

Omit “Offshore Petroleum Act 2006”, substitute “Offshore Petroleum and Greenhouse Gas Storage Act 2006”.

Schedule 4Renumbering the Offshore Petroleum and Greenhouse Gas Storage Act 2006Part 1Renumbering the Offshore Petroleum and Greenhouse Gas Storage Act 2006

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1. 1

   Renumbering the Offshore Petroleum and Greenhouse Gas Storage Act 2006

(1) The Chapters of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 are renumbered so that they bear consecutive Arabic numerals starting with “1”.

Note: For example, Chapter 3A would be renumbered as Chapter 5.

(2) The Parts of each Chapter of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 are renumbered so that they bear decimal numbers consisting of:

1. (a)

   the number of the Chapter (as renumbered under subitem (1) of this item); and

2. (b)

   then, a decimal point; and

3. (c)

   then, consecutive Arabic numerals starting with “1”.

Note: For example, the Parts of Chapter 3A would be renumbered as Parts 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9 and 5.10.

(3) The Divisions of each Part of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 are renumbered so that they bear consecutive Arabic numerals starting with “1”.

(4) The sections of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 are renumbered in a single series so that they bear consecutive Arabic numerals starting with “1”.

(5) The subsections of each section of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 are renumbered so that they bear consecutive Arabic numerals enclosed in parentheses starting with “(1)”.

(6) The paragraphs of each:

1. (a)

   section; or

2. (b)

   subsection; or

3. (c)

   definition;

of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 are relettered so that they bear lower‑case letters in alphabetical order enclosed in parentheses starting with “(a)”.

(7) The subparagraphs of each paragraph of each:

1. (a)

   section; or

2. (b)

   subsection; or

3. (c)

   definition;

of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 are renumbered so that they bear consecutive lower‑case Roman numerals enclosed in parentheses starting with “(i)”.

(8) Each provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that refers to a provision that has been renumbered or relettered under this item is amended by omitting the reference and substituting a reference to the last‑mentioned provision as renumbered or relettered.

Note: Each heading to a section, clause, subsection or subclause of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that refers to a provision that has been renumbered or relettered under this item is amended by omitting the reference and substituting a reference to the provision as so renumbered or relettered.

Part 2Consequential amendments

Offshore Petroleum (Repeals and Consequential Amendments) Act 2006

5

Paragraphs 95(e) and (h) of Schedule 2

Omit each reference to a provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that has been renumbered under item 1 of this Schedule, substitute a reference to that provision as so renumbered.

Offshore Petroleum (Royalty) Act 2006

5A

Section 5 (note 2)

Omit the reference to a provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that has been renumbered under item 1 of this Schedule, substitute a reference to that provision as so renumbered.

5B

Subsection 6(1) (table item 4)

Omit the reference to a provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that has been renumbered under item 1 of this Schedule, substitute a reference to that provision as so renumbered.

5C

Paragraphs 5(2)(a) and (b) of Schedule 1

Omit each reference to a provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that has been renumbered under item 1 of this Schedule, substitute a reference to that provision as so renumbered.

Petroleum Resource Rent Tax Assessment Act 1987

6

Section 2 (definition of excluded fee)

Omit each reference to a provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that has been renumbered or relettered under item 1 of this Schedule, substitute a reference to that provision as so renumbered or relettered.

1. 7

   Section 2 (definition of holder of a registered interest)

Omit the reference to a provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that has been renumbered under item 1 of this Schedule, substitute a reference to that provision as so renumbered.

7A

Subsection 2C(1)

Omit the reference to a provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that has been renumbered under item 1 of this Schedule, substitute a reference to that provision as so renumbered.

7B

Subsection 23(4)

Omit the reference to a provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that has been renumbered under item 1 of this Schedule, substitute a reference to that provision as so renumbered.

8

Paragraph 34A(1)(a)

Omit the reference to a provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that has been renumbered under item 1 of this Schedule, substitute a reference to that provision as so renumbered.

1. 9

   Clause 1 of the Schedule (paragraphs (a) and (b) of the definition of relevant pre‑commencement day)

Omit each reference to a provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that has been renumbered under item 1 of this Schedule, substitute a reference to that provision as so renumbered.

Part 3References in other Acts etc. to renumbered provisions

1. 10

   References in other Acts etc. to renumbered provisions

After the commencement of this item, a reference in:

1. (a)

   a provision of an Act (other than the Offshore Petroleum and Greenhouse Gas Storage Act 2006) enacted before the commencement of this item (whether or not that provision has come into operation); or

2. (b)

   an instrument or document;

to a provision that has been renumbered or relettered under item 1 of this Schedule is to be construed as a reference to that provision as so renumbered or relettered.

Note: A reference in a heading to section, clause, subsection or subclause of an Act (other than the Offshore Petroleum and Greenhouse Gas Storage Act 2006) enacted before the commencement of this item (whether or not that provision has come into operation) to a provision that has been renumbered or relettered under item 1 of this Schedule is to be construed as a reference to that provision as so renumbered or relettered.

[Minister’s second reading speech made in—

House of Representatives on 18 June 2008

Senate on 24 September 2008]

(129/08)