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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE (GREENHOUSE GAS INJECTION AND STORAGE) REGULATIONS 2023 (F2023L01551) - REG 40

Draft variations following occurrence of certain circumstances

             (1)  This section applies if:

                     (a)  an approved site plan is in force in relation to an identified greenhouse gas storage formation specified in a greenhouse gas injection licence; and

                     (b)  a circumstance mentioned in the following table occurs.

 

Item

Circumstance

1

The plan is no longer accurate and up to date because there is new information that significantly alters the determination of any of the following:

(a) the fundamental suitability determinants of the formation;

(b) the expected migration pathways of each greenhouse gas substance stored in, or to be injected into and stored in, the formation;

(c) predictions set out in Part A of the plan for the behaviour of each greenhouse gas substance stored in, or to be injected into and stored in, the formation;

(d) interactions between the formation and the method by which a greenhouse gas substance is injected into the formation;

(e) any other matter relevant to the safe and secure storage of a greenhouse gas substance in the formation.

2

The licensee proposes to make a change, or a series of changes, to the way the operations authorised by the licence are carried out, that will affect:

(a) predictions set out in Part A of the plan for the behaviour of each greenhouse gas substance stored in, or to be injected into and stored in, the formation; or

(b) the risks associated with those operations.

3

The licensee proposes to make a significant change to the way the operations authorised by the licence are managed that will affect the integrated operations management plan.

             (2)  The licensee must, within the period mentioned in subsection (3):

                     (a)  prepare a draft variation of the plan for the purpose of addressing the circumstance; and

                     (b)  give the draft variation to the responsible Commonwealth Minister.

             (3)  For the purposes of subsection (2), the period is:

                     (a)  60 days beginning on the day the circumstance occurs; or

                     (b)  if the responsible Commonwealth Minister agrees to a longer period--that longer period.

Strict liability offence

             (4)  A person commits an offence of strict liability if the person contravenes subsection (2).

Note:          Subsection (4) is a continuing offence under section 4K of the Crimes Act 1914 . See section 62 of this instrument for the maximum penalty for each day that an offence under subsection (4) continues.

Penalty:  100 penalty units.

Civil penalty provision

             (5)  A person is liable to a civil penalty if the person contravenes subsection (2).

Note:          Subsection (5) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 62 of this instrument for the maximum civil penalty for each day that a contravention referred to in subsection (5) continues.

Civil penalty:          1,000 penalty units.


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