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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Greenhouse Gas Storage Bill 2010
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects of Act 2
4 Definition of "greenhouse gas" 2
5 Definition of "approved reservoir" 3
6 Definition of "prospecting work" 3
7 Definition of "injection work" 3
8 Definition of "monitoring work" 4
9 Other definitions 4
Part 2 Declaration of reservoirs
10 Declaration of approved reservoirs 9
11 Applications for declarations 9
12 Minister's decision on application 10
b2010-109-18.d10
Greenhouse Gas Storage Bill 2010
Contents
Page
13 Consultation with Minister administering Water
Management Act 2000 11
14 Publication of Minister's decision 11
15 Approved reservoirs belong to Crown 11
16 Register of Greenhouse Gas Storage Reservoirs 11
Part 3 Prospecting licences
Division 1 Prospecting licences generally
17 Minister may invite applications for prospecting licences 13
18 Applications for prospecting licences 13
19 Minister's decision on application 14
20 Duration of prospecting licence 14
21 Authority conferred by prospecting licence 14
Division 2 Special conditions applicable to
prospecting licences
22 Compliance with programs of work and site rehabilitation 15
Part 4 Assessment leases
Division 1 Assessment leases generally
23 Minister may invite applications for assessment leases 16
24 Applications for assessment leases 16
25 Minister's decision on application 17
26 Classes of assessment lease 17
27 Duration of assessment lease 17
28 Authority conferred by assessment lease 18
Division 2 Special conditions applicable to
assessment leases
29 Compliance with programs of work and site rehabilitation 18
30 Compliance with agreement concerning competing
interests 18
Part 5 Injection leases
Division 1 Injection leases generally
31 Minister may invite applications for injection leases 19
32 Applications for injection leases 19
33 Minister's decision on application 20
34 Duration of injection lease 21
35 Authority conferred by injection lease 21
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Greenhouse Gas Storage Bill 2010
Contents
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36 Amendment of injection lease as to injection sites and
monitoring sites 22
37 Cancellation of injection lease if injection work not
commenced 22
Division 2 Special conditions applicable to injection
leases
38 Contributions to Greenhouse Gas Safety Fund 22
39 Keeping of records 22
40 Compliance with agreement concerning competing
interests 22
41 Monitoring of stored greenhouse gases 23
42 Compliance with site plan and operational plan 23
43 Compliance with site closure plan 23
Division 3 Operational matters
44 Rights of way 23
45 Dwelling-houses, gardens and significant improvements 24
46 Linked reservoirs 25
47 Serious situations 26
Division 4 Site closure
48 Applications for cancellation of injection lease 27
49 Direction to close injection site 27
50 Applications for site closure certificates 27
51 Site closure certificate 28
52 Effect of cancellation 28
53 Permanent monitoring plant vests in Crown 29
54 Long-term liability 29
55 Exclusion of Division 4 of Part 7 29
Division 5 Audits
56 Definitions 29
57 Conditions for mandatory audits 30
58 Certification of audit report 31
59 Use of information 31
60 Protected documents 32
61 Nature of protection 32
62 Lifting of protection 33
63 Relationship of Division to other provisions of Act 33
Contents page 3
Greenhouse Gas Storage Bill 2010
Contents
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Part 6 Other ancillary authorities
Division 1 Supplementary authorities
64 Definition 34
65 Applications for supplementary authorities 34
66 Minister's decision on application 34
67 Duration of supplementary authority 35
68 Authority conferred by supplementary authority 35
69 Compliance with programs of work and site rehabilitation 36
Division 2 Research permits
70 Applications for research permits 36
71 Minister's decision on application 36
72 Duration of research permit 36
73 Authority conferred by research permit 37
74 Application of Divisions 1, 2 and 6 of Part 7 37
Division 3 Environmental assessment permits
75 Environmental assessment permits 37
Part 7 Greenhouse gas authorities generally
Division 1 General conditions applicable to all
authorities
76 Statutory and administrative conditions 38
77 Standard administrative conditions 38
78 Discovery of petroleum to be notified 39
79 Discovery of reservoir to be notified 39
80 Removal of buildings, structures and works 40
81 Reporting requirements 40
Division 2 Renewals
82 Applications for renewal 41
83 Minister's decision on application 41
84 Application by some only of holders of authority 42
85 Authority to have effect until application dealt with 42
86 Date from which renewal of authority has effect 42
87 Partial renewals 43
88 Renewal of greenhouse gas authority and associated
supplementary authority 43
Division 3 Transfers
89 Applications for approval of transfers 43
90 Minister's decision on application 43
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Greenhouse Gas Storage Bill 2010
Contents
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91 Registration of transfers 44
92 Caveats 44
93 Transfer of greenhouse gas authority and associated
supplementary authority 45
Division 4 Cancellations
94 Grounds for cancellation of authority 45
95 Procedure for cancelling authorities 46
96 Effect of cancellation 46
97 Compensation for cancellation 47
Division 5 Legal and equitable interests
98 Interests in authority to be created by instrument in
writing 47
99 Registration of interests 47
100 Devolution of rights of holder of authority 48
101 Register of Interests 48
Division 6 Miscellaneous
102 Application fee to be paid 48
103 Request for further information 49
104 Withdrawal of application 49
105 Applicant to be notified of Minister's decision 49
106 Land over which authority may be granted 49
107 Security deposit to be lodged 50
108 Form of authority 50
109 Landowner's consent to application for development
consent not required 50
110 Rights under authority not exercisable in certain areas 50
111 Register of Greenhouse Gas Authorities 51
Part 8 Access arrangements
Division 1 Preliminary
112 Access arrangements generally 52
113 Compensation to landowner to be specified by access
arrangement determined by arbitrator 53
114 Payment of landowner's legal costs 53
115 Consequences of contravention of access arrangement 53
116 Access arrangement not to affect right of way to injection
site or monitoring site 54
117 Access arrangements not required in certain circumstances 54
Contents page 5
Greenhouse Gas Storage Bill 2010
Contents
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Division 2 Access arrangements agreed between
parties
118 Holder of authority to seek access arrangement 54
119 Notice to mortgagees of agreed access arrangements 55
Division 3 Access arrangements determined by
arbitration
120 Appointment of arbitrator by agreement 56
121 Appointment of arbitrator in default of agreement 56
122 Arbitration hearing to be conducted 56
123 Right of appearance 56
124 Conciliation to be attempted 57
125 Procedure at hearings 57
126 Interim determination by arbitrator 57
127 Arbitration hearing to be continued on application of
party 58
128 Final determination by arbitrator 58
129 Effect of access arrangement 59
130 Review of arbitrator's determination 59
131 Costs of arbitration 60
132 Parties may withdraw from arbitration 60
133 Protection of arbitrator from liability 60
Division 4 Variation of access arrangements and
changes in parties
134 Variation of access arrangements 60
135 Change in landowners 61
Part 9 Security deposits
136 Definitions 63
137 Security deposit conditions 63
138 Content of security deposit condition 63
139 Form and amount of security deposit 64
140 Claim on and use of security deposit 65
141 Lapsing of security deposit requirement and return of
unused money 66
Part 10 Royalty
142 Liability to pay royalty 67
143 Rate of royalty 67
144 Returns 67
145 Payment of royalty 67
Contents page 6
Greenhouse Gas Storage Bill 2010
Contents
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Part 11 Compensation
Division 1 Compensation under greenhouse gas
authorities
146 Definitions 68
147 Compensation arising under authority 68
148 Continuation of pre-existing agreements on granting of
assessment lease 69
149 Continuation of pre-existing agreements on granting of
injection lease 69
150 Compensation payable in relation to injection sites and
monitoring sites 70
Division 2 Compensation under environmental
assessment permits
151 Definitions 70
152 Compensation arising under environmental assessment
permit 71
Division 3 Compensation assessment procedures
153 Procedure for making assessment 71
154 Additional assessment 72
155 Directions to furnish names and addresses of
interested persons 73
Part 12 Powers of enforcement
Division 1 Powers of Director-General
156 Directions generally 74
157 Directions regarding serious situations 74
158 Directions to suspend operations 75
159 Director-General may step in if direction not complied
with 76
Division 2 Powers of inspectors
160 Purposes for which powers under Division may be
exercised 76
161 Powers to enter premises 76
162 Search warrants 77
163 Powers exercisable in entered premises 78
164 Powers to inspect and test plant, vehicles etc 78
165 Inspectors may be accompanied by assistants 79
166 Care to be taken 79
167 Owners and occupiers to render assistance 79
168 Power to require provision of information and records 79
Contents page 7
Greenhouse Gas Storage Bill 2010
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169 Revocation or variation of orders 80
Part 13 Offences
Division 1 Indictable offences
170 Interference or damage to injection plant or monitoring
plant 81
171 Interference with injection work or monitoring work 81
172 Failure to report serious situation 81
Division 2 Summary offences
173 Unauthorised prospecting work 82
174 Contravention of condition of authority 82
175 Prospecting work etc not carried out in accordance with
access arrangement 83
176 Failure to pay royalty 83
177 Failure to comply with directions 83
178 Offences regarding mandatory audits 84
179 Failure to comply with orders by inspectors 85
180 Obstruction of inspectors 85
181 Impersonation of inspectors 85
182 Obstruction of holder of authority 85
183 Provision of false or misleading information 85
Part 14 Legal proceedings
Division 1 Legal proceedings generally
184 Proceedings for offences 87
185 Considerations in imposing penalty for "serious
situation" offences 88
186 Offences by corporations 88
187 Defence of reasonable excuse 89
188 Self-incriminating information 89
189 Penalty notices for certain offences 89
190 Continuing offences 90
191 Legal proceedings do not affect, and are unaffected
by, other action 90
192 Evidentiary certificates 90
Division 2 Appeals and injunctions
193 Appeals 91
194 Injunctions to comply with directions under Division 1
of Part 12 92
195 Orders to restrain breaches of this Act 92
Contents page 8
Greenhouse Gas Storage Bill 2010
Contents
Page
Division 3 Supplementary orders in connection with
offences
196 Definitions 93
197 Court orders generally 93
198 Court orders regarding costs of investigation 93
199 Court orders regarding environmental damage 93
200 Subsequent recovery of costs and compensation for
environmental damage 94
201 Enforcement of court orders 94
202 Court orders regarding other monetary benefits 95
203 Additional court orders 95
Part 15 Administration
204 Establishment of Greenhouse Gas Safety Fund 97
205 Arbitration Panel 98
206 Expert advisory panels 98
207 Appointment of inspectors 99
208 Delegation of functions 99
209 Resolution of disputes between public authorities 100
210 Constitution of Ministerial Corporation 100
211 Acquisition of land 100
212 Preservation of records 100
213 Administration of Act in relation to native title 101
214 Administration of Act in accordance with principles of
ecologically sustainable development 101
215 Annual report of Department 101
Part 16 Miscellaneous
216 Act binds Crown 102
217 Fees and charges 102
218 Payment of compensation by Crown 102
219 Service of documents 102
220 Requirements for newspaper publication 103
221 Protection from personal liability 103
222 General immunity of owners 103
223 Application of Protection of the Environment
Operations Act 1997 103
224 Application of Personal Property Securities Act
2009 (Cth) 104
225 Regulations 104
226 Review of Act 105
Schedule 1 Amendment of Acts 106
Contents page 9
New South Wales
Greenhouse Gas Storage Bill 2010
No , 2010
A Bill for
An Act to establish a regime for the permanent underground storage of greenhouse
gases; and for other purposes.
Clause 1 Greenhouse Gas Storage Bill 2010
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Greenhouse Gas Storage Act 2010. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Objects of Act 7
The objects of this Act are as follows: 8
(a) to enable the Minister to approve certain geological formations 9
for the permanent storage of carbon dioxide and other greenhouse 10
gases, 11
(b) to establish a system of prospecting licences and assessment 12
leases to enable the exploratory work necessary to discover such 13
formations to be carried out, 14
(c) to establish a system of injection leases to enable the work 15
involved in injecting carbon dioxide and other greenhouse gases 16
into such formations to be carried out, 17
(d) to ensure that the holder of a prospecting licence, assessment 18
lease or injection lease, and any associated supplementary 19
authority, can obtain access to land, in accordance with a formal 20
access arrangement, for the purpose of exercising certain rights 21
conferred by that licence, lease or authority, 22
(e) to provide for the payment of fair compensation to persons whose 23
interests are adversely affected by the exercise of the rights 24
conferred by such a licence, lease or authority, 25
(f) to ensure that public health, public safety and the environment are 26
appropriately protected from any adverse effects arising from the 27
exercise of the rights conferred by such a licence, lease or 28
authority, 29
(g) to make such other provision as is consequential to the purposes 30
listed above. 31
4 Definition of "greenhouse gas" 32
In this Act, greenhouse gas means any substance that consists 33
overwhelmingly of: 34
(a) carbon dioxide, whether in solid, liquid or gaseous form, or 35
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Greenhouse Gas Storage Bill 2010 Clause 5
Preliminary Part 1
(b) any other substance prescribed by the regulations, whether in 1
solid, liquid or gaseous form, 2
so long as the remainder of the substance includes nothing other than: 3
(c) an approved detecting agent, in a concentration no greater than 4
that prescribed by the regulations in relation to that agent, or 5
(d) any other substance incidentally derived from the production, 6
capture, transport, injection, storage or monitoring of a substance 7
referred to in paragraph (a) or (b). 8
5 Definition of "approved reservoir" 9
In this Act, approved reservoir means a reservoir the subject of a 10
declaration in force under section 10. 11
6 Definition of "prospecting work" 12
In this Act, prospecting work means: 13
(a) the carrying out of seismic or other surveys, or the taking of 14
surface geological samples, for the purpose of discovering a 15
geological formation that, with or without engineering 16
enhancements, could be suitable for the permanent storage of 17
greenhouse gases, or 18
(b) the drilling of test bores, the taking of underground geological 19
samples, the injection of greenhouse gases or the carrying out of 20
monitoring work, for the purpose of ascertaining: 21
(i) the nature and extent of a geological formation referred to 22
in paragraph (a), or 23
(ii) the suitability of such a formation for declaration as an 24
approved reservoir, or 25
(c) the carrying out of any other activity prescribed by the 26
regulations for the purposes of this definition. 27
7 Definition of "injection work" 28
In this Act, injection work means: 29
(a) the injection of greenhouse gases into an approved reservoir for 30
the purpose of their permanent storage underground, or 31
(b) any activity incidental to the activity referred to in paragraph (a), 32
including the conveyance, storage and processing of greenhouse 33
gases preparatory to their injection into an approved reservoir, or 34
(c) any other activity prescribed by the regulations for the purposes 35
of this definition. 36
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Clause 8 Greenhouse Gas Storage Bill 2010
Part 1 Preliminary
8 Definition of "monitoring work" 1
In this Act, monitoring work means: 2
(a) the monitoring of the behaviour of greenhouse gases in an 3
approved reservoir, or 4
(b) any activity incidental to the activity referred to in paragraph (a), 5
or 6
(c) any other activity prescribed by the regulations for the purposes 7
of this definition. 8
9 Other definitions 9
(1) In this Act: 10
access arrangement means an arrangement giving the holder of a 11
greenhouse gas authority access to land over which the authority is 12
granted, being an arrangement agreed in accordance with Division 2 of 13
Part 8 or determined in accordance with Division 3 of Part 8. 14
appropriate newspaper means a newspaper referred to in section 220. 15
approved detecting agent means any substance declared by the 16
regulations to be an approved detecting agent for the purposes of 17
this Act. 18
approved form means a form approved for the time being by the 19
Director-General. 20
approved reservoir--see section 5. 21
arbitrator means an arbitrator appointed under section 120 or 121 to 22
determine an access arrangement between the holder of a greenhouse 23
gas authority and the owner of land over which the authority is granted. 24
assessment lease means a lease in force under Division 1 of Part 4, and 25
includes a lease granted under section 37. 26
assessment lease area means land over which an assessment lease is 27
in force. 28
associated supplementary authority, in relation to a greenhouse gas 29
authority, means a supplementary authority granted to the holder of the 30
greenhouse gas authority to enable certain activities authorised by the 31
greenhouse gas authority to be carried out on the land over which the 32
supplementary authority is granted. 33
Class 1 assessment lease means an assessment lease referred to in 34
section 26 (2). 35
Class 2 assessment lease means an assessment lease referred to in 36
section 26 (3). 37
competing interest, in relation to an application for a geological 38
formation to be declared an approved reservoir, means an interest in a 39
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Greenhouse Gas Storage Bill 2010 Clause 9
Preliminary Part 1
mining title or petroleum title over the same land as that in which the 1
formation is located, or over land that is above or below that land. 2
conduct includes both act and omission to act. 3
construct includes install, maintain, alter, extend, replace and repair. 4
Department means the Department of Industry and Investment. 5
Departmental officer means a member of staff of the Department. 6
Director-General means the Director-General of the Department. 7
environment includes all aspects of the surroundings of humans, 8
whether affecting any human as an individual or in his or her social 9
grouping. 10
environmental assessment permit means a permit in force under 11
Division 3 of Part 6. 12
exercise a function includes perform a duty. 13
function includes power, authority and duty. 14
greenhouse gas--see section 4. 15
greenhouse gas authority means a prospecting licence, assessment 16
lease or injection lease, and includes an associated supplementary 17
authority. 18
Greenhouse Gas Safety Fund and Fund mean the fund established 19
under section 204. 20
injection lease means a lease in force under Division 1 of Part 5. 21
injection lease area means land over which an injection lease is 22
in force. 23
injection plant means plant used for: 24
(a) the conveyance, storage or processing of greenhouse gases within 25
an injection site, and 26
(b) the injection of greenhouse gases into an approved reservoir. 27
injection site means any land on which injection work is, or is proposed 28
to be, carried out. 29
injection work--see section 7. 30
inspector means an inspector appointed under section 207. 31
land includes land covered by water, and also includes a stratum of 32
land. 33
leased reservoir, in relation to an injection lease, means the approved 34
reservoir into which the lease authorises greenhouse gases to be 35
injected. 36
mining title means an exploration licence, assessment lease or mining 37
lease within the meaning of the Mining Act 1992. 38
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Clause 9 Greenhouse Gas Storage Bill 2010
Part 1 Preliminary
Ministerial Corporation means the corporation constituted by 1
section 210. 2
monitoring plant means plant used for the monitoring of greenhouse 3
gases stored in an approved reservoir. 4
monitoring site means any land on which monitoring work is, or is 5
proposed to be, carried out. 6
monitoring work--see section 8. 7
native title and native title holder have the same meanings as they have 8
in the Native Title Act 1993 of the Commonwealth. 9
operational plan means a plan that identifies how injection work and 10
monitoring work are proposed to be carried out within an injection lease 11
area, being a plan that incorporates the following components: 12
(a) a component that identifies what measures are to be taken to 13
protect the health and safety of those employed in the area and of 14
the general public, 15
(b) a component that identifies what measures are to be taken to 16
protect the environment, 17
(c) a component that identifies what measures are to be taken to 18
rehabilitate the area when injection work and monitoring work 19
have been completed, 20
(d) such other components as the regulations require. 21
owner, in relation to land, means: 22
(a) the owner of an estate in fee simple in the land, or 23
(b) a native title holder of the land, or 24
(c) the holder of a lease or licence granted under the Crown Lands 25
Act 1989 over the land, or 26
(d) the holder of a tenure referred to in Part 1 or 2 of Schedule 1 to 27
the Crown Lands (Continued Tenures) Act 1989 in the land, or 28
(e) the holder of a permissive occupancy within the meaning of the 29
Crown Lands (Continued Tenures) Act 1989 granted over the 30
land, or 31
(f) the holder of a lease granted under the Western Lands Act 1901 32
over the land, or 33
(g) a person who is identified in a register or record kept by the 34
Registrar-General as having an interest in the land, being: 35
(i) a mortgagee in possession of the land, or 36
(ii) a lessee of the land or other person entitled to an exclusive 37
right of occupation of the land, or 38
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Greenhouse Gas Storage Bill 2010 Clause 9
Preliminary Part 1
(iii) a Minister or public authority having the benefit of a 1
covenant affecting the land that is imposed by a Minister 2
on behalf of the Crown under the Crown Lands Act 1989, 3
or 4
(iv) a Minister or public authority having an interest in the land 5
under a conservation, natural heritage or biobanking 6
agreement, or 7
(v) a person prescribed by the regulations for the purposes of 8
this paragraph, or 9
(h) a member of a class of persons declared by the regulations to be 10
owners of land for the purposes of this definition, 11
but does not include a member of a class of persons declared by the 12
regulations not to be owners of land for the purposes of this definition. 13
permanent monitoring plant means plant identified as referred to in 14
section 48 (2) (c). 15
petroleum has the same meaning as it has in the Petroleum (Onshore) 16
Act 1991. 17
petroleum title means an exploration licence, assessment lease, 18
production lease or special prospecting authority within the meaning of 19
the Petroleum (Onshore) Act 1991. 20
potential reservoir means a reservoir the subject of a declaration in 21
force under section 12 (4). 22
program of site rehabilitation means a program that identifies what 23
work is proposed to be carried out for the purpose of rehabilitating any 24
land over which work has been carried out under a prospecting licence 25
or assessment lease or any associated supplementary authority. 26
program of work means a program that identifies what work is 27
proposed to be carried out under a prospecting licence or assessment 28
lease, or any associated supplementary authority, including details as to 29
when and where such work is to be carried out. 30
prospecting area means land over which a prospecting licence is 31
in force. 32
prospecting licence means a licence in force under Division 1 of Part 3. 33
prospecting work--see section 6. 34
Register of Greenhouse Gas Authorities means the register kept under 35
section 111. 36
Register of Greenhouse Gas Storage Reservoirs means the register 37
kept under section 16. 38
Register of Interests means the register kept under section 101. 39
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Clause 9 Greenhouse Gas Storage Bill 2010
Part 1 Preliminary
related corporation, in relation to another corporation, means a 1
corporation that is, with respect to that other corporation, a related body 2
corporate within the meaning of the Corporations Act 2001 of the 3
Commonwealth. 4
research area means land over which a research permit is in force. 5
research permit means a permit in force under Division 2 of Part 6. 6
section 118 notice means a notice under section 118 as to the intention 7
of the holder of a greenhouse gas authority to obtain an access 8
arrangement in respect of land over which the authority is granted. 9
serious situation means a situation referred to in section 47 (1). 10
site closure certificate means a certificate issued under section 51. 11
site closure plan means a plan that identifies how an injection site or 12
proposed injection site will be closed once injection work ceases, 13
including details as to the following: 14
(a) what criteria must be met in relation to the behaviour of 15
greenhouse gases in the leased reservoir before the site should be 16
closed, 17
(b) what measures are to be taken to decommission and remove the 18
injection plant, 19
(c) what measures are to be taken to plug or seal any underground 20
bores or shafts, 21
(d) what measures are to be taken to rehabilitate the site, 22
(e) what monitoring plant will continue to monitor the behaviour of 23
greenhouse gases in the leased reservoir after the site has been 24
closed. 25
site plan means a plan that identifies the injection plant and monitoring 26
plant located, or proposed to be located, in an injection site or proposed 27
injection site, including details as to the location of any injection points 28
in that site. 29
supplementary area means land over which a supplementary authority 30
is in force. 31
supplementary authority means an authority in force under Division 1 32
of Part 6. 33
uncommitted land means land that is not the subject of: 34
(a) a greenhouse gas authority, or 35
(b) an application for a greenhouse gas authority, or 36
(c) an invitation under section 17, 23 or 31 for applications for a 37
greenhouse gas authority. 38
(2) Notes included in this Act do not form part of this Act. 39
Page 8
Greenhouse Gas Storage Bill 2010 Clause 10
Declaration of reservoirs Part 2
Part 2 Declaration of reservoirs 1
10 Declaration of approved reservoirs 2
(1) The Minister may, of the Minister's own motion or on an application 3
under section 11, declare a geological formation to be an approved 4
reservoir. 5
(2) Such a declaration may not be made in respect of land that is reserved 6
or dedicated under the National Parks and Wildlife Act 1974 other than 7
land that is reserved as a state conservation area within the meaning of 8
that Act. 9
11 Applications for declarations 10
(1) The holder of a prospecting licence may apply for a geological 11
formation located in the prospecting area to be declared an approved 12
reservoir. 13
(2) The holder of a Class 2 assessment lease may apply for a potential 14
reservoir located in the assessment lease area to be declared an 15
approved reservoir. 16
(3) Any person may, but only with the consent of the Minister, apply for a 17
geological formation located in uncommitted land to be declared an 18
approved reservoir. 19
(4) Subject to subsection (2), an application under this section may not be 20
made in relation to a geological formation that is already declared to be 21
an approved reservoir or a potential reservoir. 22
(5) An application for a declaration in relation to a geological formation: 23
(a) must be made in accordance with the regulations, and 24
(b) must identify the formation, and 25
(c) must be accompanied by such information as is available to the 26
applicant to demonstrate that the formation is suitable for the 27
permanent storage of greenhouse gases, and 28
(d) must identify any competing interests in relation to the 29
application, and 30
(e) must identify, in relation to each such interest, whether the 31
applicant has consulted any person affected in relation to the 32
application, and 33
(f) must indicate, in relation to each such interest, whether the 34
interest conflicts with the rights that would be exercisable under 35
an injection lease granted over the land in which the formation is 36
located, and 37
Page 9
Clause 12 Greenhouse Gas Storage Bill 2010
Part 2 Declaration of reservoirs
(g) must be accompanied by copies of each agreement referred to in 1
subsection (6) that has been entered into in relation to any such 2
interest, and 3
(h) must contain such other information as the regulations require. 4
(6) For the purposes of this Part, a competing interest is taken to conflict 5
with the rights exercisable under an injection lease unless the applicant 6
and each person affected have agreed in writing that, subject to the 7
terms of their agreement, those rights do not conflict. 8
(7) In this section person affected, in relation to an application under this 9
section, means the holder of a competing interest over the land to which 10
the application relates. 11
12 Minister's decision on application 12
(1) The Minister may declare a geological formation to be an approved 13
reservoir if, and only if, the Minister is satisfied: 14
(a) that the formation is suitable for the permanent storage of 15
greenhouse gases, and 16
(b) that there is no conflict between any competing interest and the 17
rights that would be exercisable under an injection lease granted 18
over the land in which the formation is located, and 19
(c) that any requirements of the regulations have been complied 20
with. 21
(2) For the purposes of subsection (1) (a), a geological formation is not 22
suitable for the permanent storage of greenhouse gases: 23
(a) if any part of the formation forms part of, or is likely within the 24
foreseeable future to become part of, the surface of the ground, or 25
(b) if there is any risk of greenhouse gases leaking into the 26
atmosphere in quantities that could have a detrimental effect on 27
public health and safety or on the environment. 28
(3) For the purpose of resolving any conflict referred to in 29
subsection (1) (b), the Minister may request: 30
(a) the Minister administering the Mining Act 1992 to take such 31
action as is available under that Act, or 32
(b) the Minister administering the Petroleum (Onshore) Act 1991 to 33
take such action as is available under that Act, 34
to assist in the resolution of the conflict. 35
(4) If the Minister is satisfied as to the matters referred to in 36
subsection (1) (a) and (c), but not as to the matter referred to in 37
subsection (1) (b), the Minister may declare the geological formation to 38
be a potential reservoir. 39
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Greenhouse Gas Storage Bill 2010 Clause 13
Declaration of reservoirs Part 2
(5) In considering an application by the holder of a Class 2 assessment lease 1
for the declaration of a potential reservoir as an approved reservoir, the 2
Minister may have regard to, but is not bound by, the fact that the 3
reservoir was considered suitable for the permanent storage of 4
greenhouse gases when the reservoir was declared to be a potential 5
reservoir. 6
13 Consultation with Minister administering Water Management Act 2000 7
Before deciding whether or not to declare a geological formation to be 8
an approved reservoir or potential reservoir, the Minister must consult 9
with, and have regard to the views of, the Minister administering the 10
Water Management Act 2000 in relation to the hydrogeological and 11
geochemical characteristics of the formation and of the land in which it 12
is located. 13
14 Publication of Minister's decision 14
(1) The declaration of a geological formation as an approved reservoir or 15
potential reservoir takes effect when notice of the declaration is 16
published in the Gazette. 17
(2) Such a notice must specify, in accordance with the regulations, the 18
horizontal and vertical extent of the geological formation concerned. 19
15 Approved reservoirs belong to Crown 20
(1) An approved reservoir, including any estate or interest in the land 21
comprising the reservoir, is the property of the Crown. 22
(2) No compensation is payable by the Crown as a consequence of the 23
declaration of a geological formation as an approved reservoir or the 24
operation of subsection (1) in relation to an approved reservoir. 25
(3) Each Crown grant and lease, and each licence and other instrument of 26
title or tenure under any Act relating to lands of the Crown, whether 27
granted before or after the commencement of this section, is taken to 28
contain a reservation to the Crown of all approved reservoirs, whether 29
existing before or after the instrument came into force. 30
16 Register of Greenhouse Gas Storage Reservoirs 31
(1) The Director-General is to keep a register of approved reservoirs and 32
potential reservoirs (the Register of Greenhouse Gas Storage 33
Reservoirs). 34
(2) The Register of Greenhouse Gas Storage Reservoirs must be kept in 35
such form, and include such particulars, as are prescribed by the 36
regulations. 37
Page 11
Clause 16 Greenhouse Gas Storage Bill 2010
Part 2 Declaration of reservoirs
(3) The Register of Greenhouse Gas Storage Reservoirs must be made 1
available at such offices of the Department as may be prescribed by the 2
regulations for inspection, free of charge, by members of the public. 3
Page 12
Greenhouse Gas Storage Bill 2010 Clause 17
Prospecting licences Part 3
Part 3 Prospecting licences 1
Division 1 Prospecting licences generally 2
17 Minister may invite applications for prospecting licences 3
(1) The Minister may, by order published in the Gazette, invite applications 4
for a prospecting licence over any uncommitted land. 5
(2) Copies of each order referred to in subsection (1) must also be published 6
in appropriate newspapers. 7
(3) The Minister may, in such circumstances as are prescribed by the 8
regulations, invite specified persons to apply for a prospecting licence 9
over any uncommitted land. 10
(4) An invitation under this section must specify: 11
(a) the land over which applications are invited, and 12
(b) the criteria that will be considered in the assessment of any such 13
application, and 14
(c) the address to which any such application should be sent, and 15
(d) the date by which any such application must be made. 16
18 Applications for prospecting licences 17
(1) Any person may apply for a prospecting licence over the whole or any 18
part of the land the subject of an invitation under section 17 (1). 19
(2) A person to whom an invitation under section 17 (3) is given may apply 20
for a prospecting licence over the whole or any part of the land the 21
subject of the invitation. 22
(3) An application for a prospecting licence: 23
(a) must be made in accordance with the regulations, and 24
(b) must identify, in the manner prescribed by the regulations, the 25
land over which it is made, and 26
(c) must contain the applicant's proposed programs of work and site 27
rehabilitation, and 28
(d) must contain such other information as the regulations require. 29
Page 13
Clause 19 Greenhouse Gas Storage Bill 2010
Part 3 Prospecting licences
19 Minister's decision on application 1
(1) Subject to this section, the Minister may grant or refuse to grant a 2
prospecting licence. 3
(2) An application for a prospecting licence is to be refused unless the 4
Minister is satisfied that the applicant has the resources and expertise to 5
carry out prospecting work in the proposed prospecting area. 6
(3) In determining whether or not to grant a prospecting licence to an 7
applicant, the Minister must have regard to: 8
(a) the criteria specified in the relevant invitation for applications, 9
and 10
(b) the applicant's proposed programs of work and site 11
rehabilitation, and 12
(c) such other matters as are prescribed by the regulations. 13
(4) If there is more than one application pursuant to an invitation under 14
section 17 (1), a prospecting licence (if granted) must be granted to the 15
applicant whose application demonstrates the greatest merit. 16
20 Duration of prospecting licence 17
(1) A prospecting licence takes effect on the day on which it is granted or 18
on such later day as is specified in the licence. 19
(2) Unless sooner cancelled or renewed, a prospecting licence expires 20
6 years after the date on which it takes effect. 21
(3) A prospecting licence may be renewed for a period of not more than 22
6 years, but may not be renewed more than once. 23
21 Authority conferred by prospecting licence 24
While it is in force, a prospecting licence: 25
(a) authorises its holder to carry out prospecting work in the 26
prospecting area, and 27
(b) gives its holder, to the exclusion of any other person: 28
(i) the right to make an application under section 11 for a 29
geological formation in the prospecting area to be declared 30
an approved reservoir, and 31
(ii) the right to apply for an assessment lease or injection lease 32
in relation to any approved reservoir located in the 33
prospecting area. 34
Page 14
Greenhouse Gas Storage Bill 2010 Clause 22
Prospecting licences Part 3
Division 2 Special conditions applicable to prospecting 1
licences 2
22 Compliance with programs of work and site rehabilitation 3
It is a condition of a prospecting licence that the holder of the licence: 4
(a) must not carry out prospecting work otherwise than in 5
accordance with the program of work relating to the licence, and 6
(b) must carry out rehabilitation work in accordance with the 7
program of site rehabilitation relating to the licence. 8
Page 15
Clause 23 Greenhouse Gas Storage Bill 2010
Part 4 Assessment leases
Part 4 Assessment leases 1
Division 1 Assessment leases generally 2
23 Minister may invite applications for assessment leases 3
(1) The Minister may, by order published in the Gazette, invite applications 4
for an assessment lease in relation to an approved reservoir located in 5
uncommitted land. 6
(2) Copies of each order referred to in subsection (1) must also be published 7
in appropriate newspapers. 8
(3) The Minister may, in such circumstances as are prescribed by the 9
regulations, invite specified persons to apply for an assessment lease in 10
relation to an approved reservoir located in uncommitted land. 11
(4) An invitation under this section must specify: 12
(a) the land over which applications are invited, and 13
(b) the criteria that will be considered in the assessment of any such 14
application, and 15
(c) the address to which any such application should be sent, and 16
(d) the date by which any such application must be made. 17
(5) The horizontal boundaries of the land referred to in subsection (4) (a) 18
must extend over the whole of the approved reservoir to which the 19
invitation relates. 20
24 Applications for assessment leases 21
(1) Any person may apply for an assessment lease over the whole or any 22
part of the land the subject of an invitation under section 23 (1). 23
(2) Any person to whom an invitation under section 23 (3) is given may 24
apply for an assessment lease over the whole or any part of the land the 25
subject of the invitation. 26
(3) The holder of a prospecting licence may apply for an assessment lease 27
over the whole or any part of the prospecting area, but only if an 28
approved reservoir or potential reservoir is located in that area. 29
(4) An application for an assessment lease: 30
(a) must be made in accordance with the regulations, and 31
(b) must identify, in the manner prescribed by the regulations, the 32
land over which it is made, and 33
Page 16
Greenhouse Gas Storage Bill 2010 Clause 25
Assessment leases Part 4
(c) must contain the applicant's proposed programs of work and site 1
rehabilitation, and 2
(d) must contain such other information as the regulations require. 3
25 Minister's decision on application 4
(1) Subject to this section, the Minister may grant or refuse to grant an 5
assessment lease. 6
(2) An application for an assessment lease is to be refused unless the 7
Minister is satisfied that the applicant has the resources and expertise to 8
carry out prospecting work in the proposed assessment lease area. 9
(3) In determining whether or not to grant an assessment lease to an 10
applicant, the Minister must have regard to: 11
(a) the criteria specified in the relevant invitation for applications, 12
and 13
(b) the applicant's proposed programs of work and site 14
rehabilitation, and 15
(c) such other matters as are prescribed by the regulations. 16
(4) If there is more than one application pursuant to an invitation under 17
section 23 (1), an assessment lease (if granted) must be granted to the 18
applicant whose application demonstrates the greatest merit. 19
26 Classes of assessment lease 20
(1) There are two classes of assessment lease, a Class 1 assessment lease 21
and a Class 2 assessment lease. 22
(2) An assessment lease granted in relation to an approved reservoir is to be 23
a Class 1 assessment lease. 24
(3) An assessment lease granted in relation to a potential reservoir is to be 25
a Class 2 assessment lease. 26
27 Duration of assessment lease 27
(1) An assessment lease takes effect on the day on which it is granted or on 28
such later day as is specified in the lease. 29
(2) Unless sooner cancelled or renewed, a Class 1 assessment lease expires: 30
(a) 5 years after the date on which it takes effect, or 31
(b) if the holder of the lease applies for an injection lease over the 32
whole or any part of the assessment lease area before the lease 33
expires under paragraph (a), when the application for the 34
injection lease is finally determined. 35
Page 17
Clause 28 Greenhouse Gas Storage Bill 2010
Part 4 Assessment leases
(3) A Class 1 assessment lease may be renewed for a further period of 1
5 years, but may not be renewed more than twice. 2
(4) Unless sooner cancelled, a Class 2 assessment lease expires: 3
(a) 5 years after the date on which the potential reservoir in relation 4
to which the lease is granted is declared to be an approved 5
reservoir, or 6
(b) if the holder of the lease applies for an injection lease over the 7
whole or any part of the assessment lease area before the lease 8
expires under paragraph (a), when the application for the 9
injection lease is finally determined. 10
28 Authority conferred by assessment lease 11
While it is in force, an assessment lease: 12
(a) authorises its holder to carry out prospecting work in the 13
assessment lease area, and 14
(b) in the case of a Class 1 assessment lease, gives its holder, to the 15
exclusion of any other person, the right to apply for an injection 16
lease over the assessment lease area, and 17
(c) in the case of a Class 2 assessment lease, gives its holder, to the 18
exclusion of any other person: 19
(i) the right to apply for the potential reservoir in relation to 20
which the lease is granted to be declared an approved 21
reservoir, and 22
(ii) after such a declaration has been made, the right to apply 23
for an injection lease over the assessment lease area. 24
Division 2 Special conditions applicable to assessment 25
leases 26
29 Compliance with programs of work and site rehabilitation 27
It is a condition of an assessment lease that the holder of the lease: 28
(a) must not carry out prospecting work otherwise than in 29
accordance with the program of work relating to the lease, and 30
(b) must carry out rehabilitation work in accordance with the 31
program of site rehabilitation relating to the lease. 32
30 Compliance with agreement concerning competing interests 33
It is a condition of an assessment lease that the holder of the lease must 34
comply with the terms of any agreement that has been entered into 35
pursuant to section 11 (6) between the holder of the lease and any holder 36
of a competing interest over the assessment lease area. 37
Page 18
Greenhouse Gas Storage Bill 2010 Clause 31
Injection leases Part 5
Part 5 Injection leases 1
Division 1 Injection leases generally 2
31 Minister may invite applications for injection leases 3
(1) The Minister may, by order published in the Gazette, invite applications 4
for an injection lease in relation to an approved reservoir located in 5
uncommitted land. 6
(2) Copies of each order referred to in subsection (1) must also be published 7
in appropriate newspapers. 8
(3) The Minister may, in such circumstances as are prescribed by the 9
regulations, invite specified persons to apply for an injection lease in 10
relation to an approved reservoir located in uncommitted land. 11
(4) An invitation under this section must specify: 12
(a) the land over which applications are invited, and 13
(b) the criteria that will be considered in the assessment of any such 14
application, and 15
(c) the address to which any such application should be sent, and 16
(d) the date by which any such application must be made. 17
(5) The horizontal boundaries of the land referred to in subsection (4) (a) 18
must extend over the whole of the approved reservoir to which the 19
invitation relates. 20
32 Applications for injection leases 21
(1) Any person may apply for an injection lease over the whole or any part 22
of the land the subject of an invitation under section 31 (1). 23
(2) Any person to whom an invitation under section 31 (3) is given may 24
apply for an injection lease over the whole or any part of the land the 25
subject of the invitation. 26
(3) The holder of a prospecting licence or assessment lease may apply for 27
an injection lease over the whole or any part of the prospecting area or 28
assessment lease area, but only if an approved reservoir is located in the 29
area. 30
(4) An application for an injection lease: 31
(a) must be made in accordance with the regulations, and 32
(b) must identify, in the manner prescribed by the regulations, the 33
land over which it is made, and 34
Page 19
Clause 33 Greenhouse Gas Storage Bill 2010
Part 5 Injection leases
(c) must be accompanied by: 1
(i) a proposed operational plan for the injection work and 2
monitoring work to be carried out in relation to the 3
proposed leased reservoir, and 4
(ii) a map showing the locations of any proposed injection 5
sites and monitoring sites, and 6
(iii) for each proposed injection site, a proposed site plan and a 7
proposed site closure plan, and 8
(d) must contain such other information as the regulations require. 9
33 Minister's decision on application 10
(1) Subject to this section, the Minister may grant or refuse to grant an 11
injection lease. 12
(2) An application for an injection lease is to be refused unless the Minister 13
is satisfied: 14
(a) that the applicant has the resources and expertise: 15
(i) to carry out injection work in relation to the proposed 16
leased reservoir, and 17
(ii) to decommission the proposed injection plant, and seal any 18
underground bores or shafts, as occasion requires, and 19
(b) that all approvals, consents, authorities and permissions that are 20
required by or under any other Act or law have been obtained in 21
relation to: 22
(i) the construction of injection plant and monitoring plant, 23
and 24
(ii) the carrying out of injection work and monitoring work, 25
on each proposed injection site and monitoring site in the 26
proposed injection lease area, and 27
(c) that arrangements are in place: 28
(i) for the construction of appropriate injection plant on each 29
such site, and 30
(ii) for the supply to that plant, at a rate and over a period not 31
less than those prescribed by the regulations, of 32
greenhouse gases for injection into the proposed leased 33
reservoir, and 34
(d) that the proposed operational plans and proposed site closure 35
plans contain appropriate measures to protect public health and 36
safety and the environment. 37
Page 20
Greenhouse Gas Storage Bill 2010 Clause 34
Injection leases Part 5
(3) Subsection (2) (c) (ii) does not apply to: 1
(a) an application for an injection lease for a project that the Minister 2
is satisfied is intended to be a pilot or demonstration project, or 3
(b) an application made by the holder of a production lease in force 4
under the Petroleum (Onshore) Act 1991 for an injection lease for 5
the storage of greenhouse gases used or produced in connection 6
with the holder's operations under the production lease. 7
(4) In determining whether or not to grant an injection lease to an applicant, 8
the Minister must have regard to: 9
(a) the criteria specified in the relevant invitation for applications, 10
and 11
(b) such other matters as are prescribed by the regulations. 12
(5) If there is more than one application pursuant to an invitation under 13
section 31 (1), an injection lease (if granted) must be granted to the 14
applicant whose application demonstrates the greatest merit. 15
(6) As soon as practicable after determining to grant an injection lease, the 16
Minister is to cause notice of the locations of the injection sites and 17
monitoring sites referred to in section 32 (4) (c) (ii) to be given to the 18
owners of the land on which those sites are located. 19
34 Duration of injection lease 20
(1) An injection lease takes effect on the day on which it is granted or on 21
such later day as is specified in the lease. 22
(2) Unless sooner cancelled, an injection lease expires when site closure 23
certificates have been issued in relation to each injection site in the 24
injection lease area. 25
35 Authority conferred by injection lease 26
While it is in force, an injection lease: 27
(a) authorises its holder: 28
(i) to carry out prospecting work in the injection lease area, 29
and 30
(ii) to construct injection plant, and carry out injection work, 31
on the injection sites identified in the lease, and 32
(iii) to construct monitoring plant, and carry out monitoring 33
work, on the monitoring sites identified in the lease, and 34
(b) gives its holder, to the exclusion of any other person, the right to 35
inject greenhouse gases into the leased reservoir. 36
Page 21
Clause 36 Greenhouse Gas Storage Bill 2010
Part 5 Injection leases
36 Amendment of injection lease as to injection sites and monitoring sites 1
(1) On the request of the holder of an injection lease, the Minister may 2
amend the lease, and any associated supplementary authority, in 3
relation to the number, location and size of the injection sites and 4
monitoring sites specified in the lease. 5
(2) As soon as practicable after amending an injection lease or associated 6
supplementary authority under this section, the Minister is to cause 7
notice of the locations of the new injection sites and monitoring sites to 8
be given to the owners of the land on which those sites are located. 9
37 Cancellation of injection lease if injection work not commenced 10
(1) If the holder of an injection lease fails to begin injection work on any 11
injection site within 5 years after the lease takes effect, the Minister may 12
cancel the lease and, if the holder so requests, grant an assessment lease 13
to the holder over the same land. 14
(2) Part 4 applies to an assessment lease granted under this section in the 15
same way as it applies to an assessment lease granted under that Part. 16
(3) Division 4 of Part 7 does not apply to the cancellation of an injection 17
lease under this section. 18
Division 2 Special conditions applicable to injection leases 19
38 Contributions to Greenhouse Gas Safety Fund 20
It is a condition of an injection lease that the holder of the lease must 21
pay to the Director-General, for payment into the Greenhouse Gas 22
Safety Fund, such amounts, at such times, as are prescribed by, or 23
calculated in accordance with, the regulations. 24
39 Keeping of records 25
It is a condition of an injection lease that the holder of the lease: 26
(a) must keep and maintain such records in relation to the activities 27
carried out under the lease as are required by the regulations, and 28
(b) must send copies of those records to the Director-General, in the 29
approved form, at such times as are prescribed by the regulations. 30
40 Compliance with agreement concerning competing interests 31
It is a condition of an injection lease that the holder of the lease must 32
comply with the terms of any agreement that has been entered into 33
pursuant to section 11 (6) between the holder of the lease and any holder 34
of a competing interest over the injection lease area. 35
Page 22
Greenhouse Gas Storage Bill 2010 Clause 41
Injection leases Part 5
41 Monitoring of stored greenhouse gases 1
It is a condition of an injection lease that the holder of the lease must 2
ensure that greenhouse gases stored in the leased reservoir are 3
monitored in accordance with: 4
(a) the operational plan for the injection lease area, and 5
(b) the site closure plans for each injection site in the injection lease 6
area. 7
42 Compliance with site plan and operational plan 8
It is a condition of an injection lease that the holder of the lease: 9
(a) must construct injection plant on each injection site in accordance 10
with the site plan for the site, and 11
(b) must carry out injection work on each injection site in accordance 12
with the operational plan for the injection lease area. 13
43 Compliance with site closure plan 14
It is a condition of an injection lease that, if the Director-General gives 15
a direction to close down the injection site, the holder of the lease must 16
close down the injection site in accordance with the site closure plan for 17
the site. 18
Division 3 Operational matters 19
44 Rights of way 20
(1) The holder of an injection lease is entitled to a right of way, to be 21
indicated or described in the manner prescribed by the regulations, 22
between: 23
(a) each injection site or monitoring site in the injection lease area, or 24
(b) each monitoring site in any associated supplementary area, 25
and the nearest accessible public road. 26
(2) The route of a right of way should, wherever practicable, follow the 27
route of existing roads or tracks (particularly, in the case of land in the 28
Western Division, those the subject of special easements under 29
section 35S of the Western Lands Act 1901). 30
(3) It is a condition of an injection lease that the holder of the injection 31
lease: 32
(a) must ensure that substantial gates or grids, of a design and 33
construction adequate to prevent stock from straying, are placed 34
wherever fences are intersected by the right of way, or 35
Page 23
Clause 45 Greenhouse Gas Storage Bill 2010
Part 5 Injection leases
(b) if those fences are rabbit-proof, marsupial-proof or dog-proof 1
fences, must ensure that rabbit-proof, marsupial-proof or 2
dog-proof gates are placed at all such intersections. 3
(4) The costs of installing and maintaining any gates or grids required by 4
this section are to be borne by the holder of the injection lease. 5
(5) Subject to any determination by the Land and Environment Court, a 6
right of way is subject to such conditions as to its exercise, and to such 7
exceptions as to the land over which it may be exercised, as may be 8
prescribed by the regulations. 9
(6) If a dispute arises as to the exercise of a right of way, any party to the 10
dispute may apply to the Land and Environment Court for a 11
determination of the matter. 12
45 Dwelling-houses, gardens and significant improvements 13
(1) Injection plant must not be constructed over any land: 14
(a) on which, or within the prescribed distance of which, is situated 15
a dwelling-house that is the principal place of residence of its 16
occupant, or 17
(b) on which, or within the prescribed distance of which, is situated 18
any garden, or 19
(c) on which is situated any significant improvement other than an 20
improvement constructed for the use of the holder of the relevant 21
injection lease, 22
except with the written consent of the owner of the dwelling-house, 23
garden or improvement (and, in the case of the dwelling-house, the 24
written consent of its occupant). 25
(2) The prescribed distance is: 26
(a) 200 metres (or, if a greater distance is prescribed by the 27
regulations, that greater distance) for the purposes of 28
subsection (1) (a), and 29
(b) 50 metres (or, if a greater distance is prescribed by the 30
regulations, that greater distance) for the purposes of 31
subsection (1) (b). 32
(3) A written consent given under this section is irrevocable. 33
(4) Subsection (1) does not apply in respect of a dwelling-house, garden or 34
significant improvement that was not in existence when the application 35
for the relevant injection lease was made. 36
(5) If a dispute arises as to whether or not subsection (1) applies in a 37
particular case, any party to the dispute may apply to the Land and 38
Environment Court for a determination of the matter. 39
Page 24
Greenhouse Gas Storage Bill 2010 Clause 46
Injection leases Part 5
(6) In this section, significant improvement means any substantial 1
building, dam, reservoir, contour bank, graded bank, levee, water 2
disposal area or soil conservation work, and (without limitation) 3
includes any other work or structure prescribed by the regulations or 4
belonging to a class of works or structures so prescribed. 5
46 Linked reservoirs 6
(1) This section applies to an approved reservoir that is linked to another 7
reservoir (whether or not an approved reservoir) in a manner that 8
permits greenhouse gases to pass from one to the other, where: 9
(a) an injection lease is in force in relation to the approved reservoir, 10
and 11
(b) some other person is injecting greenhouse gases into the other 12
reservoir (whether or not pursuant to an injection lease). 13
(2) The Minister may, by order in writing served on the holder of the 14
injection lease, direct the holder to enter into a co-operative 15
arrangement with the other person for any one or more of the following 16
purposes: 17
(a) to maximise the effectiveness of the injection of greenhouse 18
gases into each reservoir, 19
(b) to maximise the volume of greenhouse gases that can be stored in 20
each reservoir, 21
(c) to maximise the effectiveness of the monitoring of greenhouse 22
gases stored in each reservoir, 23
(d) to minimise any risk to public health and safety from the 24
greenhouse gases stored in each reservoir, 25
(e) to minimise the environmental impact of greenhouse gases stored 26
in each reservoir. 27
(3) Such an order must specify: 28
(a) the time within which the direction must be complied with, and 29
(b) how any dispute between the parties to the arrangement is to be 30
resolved, and 31
(c) what action will be taken if the direction is not complied with. 32
(4) Failure to comply with a direction is not an offence, but may give rise 33
to action of the kind referred to in subsection (3) (c). 34
(5) If the other reservoir extends into some other State or Territory, such an 35
order may not be served on the holder of the injection lease except with 36
the concurrence of the public authority of that State or Territory 37
responsible for regulating injection work (however described) within 38
that State or Territory. 39
Page 25
Clause 47 Greenhouse Gas Storage Bill 2010
Part 5 Injection leases
(6) The Minister may amend an injection lease so as: 1
(a) to give effect to a co-operative arrangement referred to in 2
subsection (2), or 3
(b) to give effect to the terms of an order referred to in 4
subsection (3) (c). 5
(7) In this section, a reference to a reservoir (other than an approved 6
reservoir) is a reference to a geological formation that is capable of 7
storing or holding greenhouse gases. 8
47 Serious situations 9
(1) The holder of an injection lease must cause written notice to be served 10
on the Director-General if any of the following situations occur in 11
relation to the leased reservoir: 12
(a) a greenhouse gas appears to be leaking, or about to leak: 13
(i) from the reservoir, or 14
(ii) from equipment by means of which it is being injected into 15
the reservoir, or 16
(iii) from equipment by means of which it is being conveyed, 17
stored or processed pending its injection into the reservoir, 18
(b) a greenhouse gas that has been injected into the reservoir appears 19
to be behaving, or about to behave, otherwise than as predicted in 20
the operational plan for the injection lease area, 21
(c) the geotechnical integrity of the reservoir appears to have been 22
compromised as a consequence of the injection of greenhouse 23
gases into, or the storage of greenhouse gases in, the reservoir, 24
(d) the reservoir appears to be no longer suitable for the permanent 25
storage of greenhouse gases, 26
(e) any other situation prescribed by the regulations for the purposes 27
of this section. 28
(2) A notice referred to in subsection (1): 29
(a) must contain the information required by the regulations, and 30
(b) must be delivered to the Director-General within the time 31
prescribed by the regulations. 32
Page 26
Greenhouse Gas Storage Bill 2010 Clause 48
Injection leases Part 5
Division 4 Site closure 1
48 Applications for cancellation of injection lease 2
(1) The holder of an injection lease may apply for the lease to be cancelled. 3
(2) An application for cancellation of an injection lease: 4
(a) must be made in accordance with the regulations, and 5
(b) must identify any associated supplementary authority, and 6
(c) must identify the location of any monitoring plant: 7
(i) that has been constructed pursuant to the lease or authority, 8
and 9
(ii) that is intended, after the lease is cancelled, to continue 10
monitoring greenhouse gases stored in the leased 11
reservoir, and 12
(d) must include an estimate of the annual cost (at current values) of 13
maintaining and operating the monitoring plant referred to in 14
paragraph (c), and 15
(e) must contain such other information as the regulations require. 16
49 Direction to close injection site 17
(1) On receiving an application for cancellation of an injection lease, the 18
Minister: 19
(a) may direct the holder of the lease to close all injection sites in the 20
injection lease area, and 21
(b) may delay cancelling the lease until a site closure certificate has 22
been issued in relation to each such site. 23
(2) Such a direction need not be given if the Minister is satisfied that no 24
injection work has ever been carried out in the injection lease area, in 25
which case the Minister may cancel the injection lease, and any 26
associated supplementary authority, without delay. 27
50 Applications for site closure certificates 28
(1) On completing the closure of an injection site, the holder of the injection 29
lease may apply to the Minister for a site closure certificate for the site. 30
(2) An application for a site closure certificate: 31
(a) must include the current site closure plan for the site, and 32
(b) must contain full details of the steps that have been taken to close 33
the injection site, and 34
(c) must contain such other information as the regulations require. 35
Page 27
Clause 51 Greenhouse Gas Storage Bill 2010
Part 5 Injection leases
(3) The Minister may request the applicant to provide further information 1
in support of the application, and may refuse to deal further with the 2
application until such information has been provided. 3
51 Site closure certificate 4
(1) The Minister may issue a site closure certificate for an injection site if, 5
and only if, the Minister is satisfied that: 6
(a) the injection site has been closed in accordance with the site 7
closure plan for the site, and 8
(b) the greenhouse gases stored in the leased reservoir are behaving 9
as predicted by the site closure plan, and 10
(c) such other requirements as are prescribed by the regulations have 11
been complied with. 12
(2) If the Minister is satisfied as to subsection (1) (a) and (c) but not as to 13
subsection (1) (b), the Minister: 14
(a) may, by order in writing, direct the holder of the injection lease 15
to carry out specified work to control the behaviour of the 16
greenhouse gases, and 17
(b) may delay issuing a site closure certificate until satisfied that: 18
(i) the work has been carried out, and 19
(ii) the greenhouse gases stored in the leased reservoir are 20
behaving as predicted by the site closure plan. 21
(3) The Minister must cancel an injection lease, and any associated 22
supplementary authority, when: 23
(a) site closure certificates have been issued in relation to each 24
injection site in the injection lease area, and 25
(b) copies of all records kept under section 39 in relation to the lease 26
(other than those previously supplied to the Minister) have been 27
delivered to the Minister. 28
52 Effect of cancellation 29
Cancellation of an injection lease under this Division: 30
(a) takes effect on the date on which the written notice of the 31
cancellation is served on the holder of the lease, and 32
(b) does not affect any liability incurred by the holder of the lease 33
before the cancellation took effect. 34
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Greenhouse Gas Storage Bill 2010 Clause 53
Injection leases Part 5
53 Permanent monitoring plant vests in Crown 1
(1) If an injection lease or associated supplementary authority is cancelled 2
under this Division, any permanent monitoring plant located in the 3
injection lease area or associated supplementary area is, by virtue of this 4
subsection, vested in the Ministerial Corporation. 5
(2) The Minister may, by order in writing, exclude any specified 6
monitoring plant from the operation of this section. 7
(3) No compensation is payable by the Crown as a consequence of the 8
vesting in the Crown of permanent monitoring plant or the operation of 9
subsection (1) in relation to any such plant. 10
54 Long-term liability 11
(1) The following provisions take effect when an injection lease is 12
cancelled under this Division: 13
(a) the holder of the injection lease ceases to be subject to any action, 14
liability, claim or demand that, after the lease was cancelled, 15
arises from the holder's conduct, before the lease was cancelled, 16
in the exercise, or purported exercise, of the holder's functions 17
under the lease, 18
(b) the Crown becomes subject to any such action, liability, claim or 19
demand. 20
(2) Despite subsection (1), the holder of the injection lease is taken to 21
indemnify the Crown against any liability incurred by the Crown under 22
that subsection to the extent to which the conduct giving rise to that 23
liability constitutes fraud or negligence. 24
55 Exclusion of Division 4 of Part 7 25
Division 4 of Part 7 does not apply to the cancellation of an injection 26
lease under this Division. 27
Division 5 Audits 28
56 Definitions 29
In this Division: 30
audit means a periodic or particular documented evaluation of 31
prospecting work, injection work or monitoring work carried out under 32
an injection lease (including management practices, systems and plant) 33
for any one or more of the following purposes: 34
(a) to provide information on compliance or otherwise with: 35
(i) the obligations under the lease, or 36
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Clause 57 Greenhouse Gas Storage Bill 2010
Part 5 Injection leases
(ii) other related requirements under this or any other Act or 1
law, 2
(b) to provide information on compliance or otherwise with any 3
codes of practice or policies relevant to the injection lease, 4
(c) to enable a determination of whether the way activities are being 5
carried out under the injection lease can be improved in order to 6
protect the environment. 7
mandatory audit means an audit carried out pursuant to a mandatory 8
audit condition. 9
mandatory audit condition means a condition imposed on an injection 10
lease pursuant to section 57. 11
voluntary audit means an audit commissioned or carried out 12
voluntarily, whether or not in relation to matters concerning an injection 13
lease, but does not include an audit in relation to a matter in respect of 14
which: 15
(a) there is a contemporaneous requirement for a mandatory audit, 16
and 17
(b) both audits are to be carried out by the same person. 18
57 Conditions for mandatory audits 19
(1) The Minister may impose a condition on an injection lease requiring 20
one or more audits to be undertaken, to the satisfaction of the 21
Director-General, for any one or more of the purposes referred to in the 22
definition of audit in section 56. 23
(2) A mandatory audit condition must specify the purpose or purposes of 24
the audit. 25
(3) A mandatory audit condition may require any one or more of the 26
following: 27
(a) the appointment of an auditor to undertake the audit, 28
(b) the approval by the Director-General of the auditor before being 29
appointed, 30
(c) the preparation of particular written documentation during the 31
course of the audit, 32
(d) the preparation of an audit report, 33
(e) the production to the Director-General of the audit report. 34
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Greenhouse Gas Storage Bill 2010 Clause 58
Injection leases Part 5
(4) A mandatory audit condition: 1
(a) may specify the format and level of detail required for the audit, 2
and 3
(b) may require the auditor to submit the proposed format and level 4
of detail to the Director-General for approval. 5
(5) A mandatory audit condition may be varied or revoked by written notice 6
served on the holder of the injection lease. 7
(6) A condition imposed under this section takes effect on the date on which 8
written notice of the condition is served on the holder of the injection 9
lease or on such later day as is specified in the notice. 10
58 Certification of audit report 11
The audit report for a mandatory audit is taken not to have been duly 12
produced to the Director-General unless it is accompanied by: 13
(a) a declaration, signed by the holder of the injection lease, 14
certifying: 15
(i) that the holder has provided all relevant information to the 16
auditor, and 17
(ii) that the holder has not knowingly provided any false or 18
misleading information to the auditor, and 19
(b) a declaration, signed by the auditor, setting out the auditor's 20
qualifications and certifying: 21
(i) that the report is accurate, and 22
(ii) that the auditor has not failed to include any relevant 23
information in it, and 24
(iii) that the auditor has not knowingly included any false or 25
misleading information in it. 26
59 Use of information 27
(1) Any information in an audit report or other documentation supplied to 28
the Director-General in connection with a mandatory audit may be 29
supplied by the Director-General to, and taken into consideration by, 30
any person who has functions under: 31
(a) this Act, or 32
(b) the Environmental Planning and Assessment Act 1979, or 33
(c) the environment protection legislation within the meaning of the 34
Protection of the Environment Administration Act 1991, 35
and may be used by that person for the purposes of those laws. 36
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Clause 60 Greenhouse Gas Storage Bill 2010
Part 5 Injection leases
(2) Without limiting subsection (1), the Director-General is authorised, 1
despite any other Act or law, to provide a relevant agency with any such 2
information. 3
(3) In this section, relevant agency means the Department, or a public 4
authority engaged in the administration of: 5
(a) the Environmental Planning and Assessment Act 1979, or 6
(b) the environment protection legislation within the meaning of the 7
Protection of the Environment Administration Act 1991, or 8
(c) such other legislation as may be prescribed by the regulations. 9
60 Protected documents 10
(1) Documents prepared for the sole purpose of a voluntary audit are 11
protected documents for the purposes of this Act. 12
(2) The protected documents include the final report of the audit and any 13
documents prepared during the course of the audit for the sole purpose 14
of the audit. 15
(3) Without limiting subsection (1) or (2), documents are not protected if 16
they are prepared wholly or partly in connection with monitoring or 17
reporting that is required by any conditions of an injection lease or by a 18
direction under Division 1 of Part 12. 19
61 Nature of protection 20
(1) A protected document: 21
(a) is not admissible in evidence against any person in any 22
proceedings connected with the administration or enforcement 23
of: 24
(i) this Act, or 25
(ii) the environment protection legislation within the meaning 26
of the Protection of the Environment Administration 27
Act 1991, or 28
(iii) such other legislation as may be prescribed by the 29
regulations, and 30
(b) must not be inspected, copied, seized or otherwise obtained by 31
the Department, any authority prescribed by the regulations or 32
any other person for any purpose connected with such 33
administration or enforcement. 34
(2) Neither the Department, a prescribed authority nor any other person 35
may, for the purpose referred to in subsection (1) (b), require a person 36
to answer any question or provide any information about the existence 37
of a protected document or about what it contains. 38
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Greenhouse Gas Storage Bill 2010 Clause 62
Injection leases Part 5
(3) The burden of establishing that a document is a protected document lies 1
on the person asserting that it is protected. 2
(4) A court may inspect any document that is claimed to be a protected 3
document for the purpose of determining whether or not it is a protected 4
document. 5
(5) The regulations may prescribe procedures for making and determining 6
claims that a document is a protected document. 7
62 Lifting of protection 8
(1) Documents prepared in relation to a voluntary audit cease to be 9
protected if the person asserting or relying on the protection uses or 10
relies on (or attempts to use or rely on) the whole or any part of one or 11
more of the documents, whether directly or indirectly, in any 12
proceedings connected with the administration or enforcement of: 13
(a) this Act, or 14
(b) the environment protection legislation within the meaning of the 15
Protection of the Environment Administration Act 1991, or 16
(c) such other legislation as may be prescribed by the regulations. 17
(2) This section does not apply where the person is using or relying on (or 18
attempting to use or rely on) a document for the purpose of establishing 19
that the document is protected. 20
63 Relationship of Division to other provisions of Act 21
This Division does not affect any other provision of this Act: 22
(a) that enables an injection lease to be subject to a condition 23
requiring monitoring or reporting, or 24
(b) that relates to functions exercisable by persons for the purpose of 25
auditing compliance with this Act, the regulations or conditions 26
of greenhouse gas authorities. 27
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Clause 64 Greenhouse Gas Storage Bill 2010
Part 6 Other ancillary authorities
Part 6 Other ancillary authorities 1
Division 1 Supplementary authorities 2
64 Definition 3
In this Division, greenhouse gas authority does not include a 4
supplementary authority. 5
65 Applications for supplementary authorities 6
(1) The holder of a greenhouse gas authority may apply for a 7
supplementary authority over any land, whether or not the land is the 8
subject of some other greenhouse gas authority or an application for 9
some other greenhouse gas authority. 10
(2) An application for a supplementary authority: 11
(a) must be made in accordance with the regulations, and 12
(b) must identify the greenhouse gas authority with which the 13
supplementary authority is intended to be associated, and 14
(c) must identify, in the manner prescribed by the regulations, the 15
land over which it is made, and 16
(d) must contain proposed programs of work and site rehabilitation, 17
and 18
(e) must be accompanied by a map showing the locations of any 19
proposed injection sites and monitoring sites, and 20
(f) must contain such other information as the regulations require. 21
(3) If the greenhouse gas authority is an injection lease, the application 22
must identify the locations in the proposed supplementary area of any 23
proposed monitoring sites. 24
66 Minister's decision on application 25
(1) Subject to this section, the Minister may grant or refuse to grant a 26
supplementary authority. 27
(2) An application is to be refused unless the Minister is satisfied that: 28
(a) the applicant has the resources and expertise to carry out 29
prospecting work in the proposed supplementary area, and 30
(b) in the case of an application for a supplementary authority that is 31
intended to be associated with an injection lease, all approvals, 32
consents, authorities and permissions that are required by or 33
under any other Act or law have been obtained in relation to: 34
(i) the construction of monitoring plant, and 35
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Greenhouse Gas Storage Bill 2010 Clause 67
Other ancillary authorities Part 6
(ii) the carrying out of monitoring work, 1
on each proposed monitoring site in the proposed supplementary 2
area. 3
(3) In determining whether or not to grant a supplementary authority to an 4
applicant, the Minister must have regard to: 5
(a) the proposed programs of work and site rehabilitation, and 6
(b) such other matters as are prescribed by the regulations. 7
(4) As soon as practicable after determining to grant an injection lease, the 8
Minister is to cause notice of the locations of the monitoring sites 9
referred to in section 65 (2) (e) to be given to the owners of the land on 10
which those sites are located. 11
67 Duration of supplementary authority 12
(1) A supplementary authority takes effect on the day on which it is granted 13
or on such later day as is specified in the authority. 14
(2) Unless sooner cancelled or renewed, a supplementary authority expires 15
on the date on which the greenhouse gas authority with which it is 16
associated expires. 17
(3) A supplementary authority may not be renewed unless the greenhouse 18
gas authority with which it is associated: 19
(a) is renewed, or 20
(b) is replaced by another kind of greenhouse gas authority pursuant 21
to a right conferred by section 21 or 28. 22
(4) If a supplementary authority is renewed in conjunction with the renewal 23
of a greenhouse gas authority, it is to be renewed for the same period as 24
that for which the greenhouse gas authority is renewed. 25
68 Authority conferred by supplementary authority 26
A supplementary authority authorises its holder: 27
(a) to carry out prospecting work in the supplementary area, and 28
(b) if it is associated with an injection lease, to construct monitoring 29
plant, and carry out monitoring work, on any monitoring sites 30
identified in the supplementary authority, 31
for the purpose of supplementing the activities carried out under the 32
greenhouse gas authority with which it is associated. 33
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Clause 69 Greenhouse Gas Storage Bill 2010
Part 6 Other ancillary authorities
69 Compliance with programs of work and site rehabilitation 1
It is a condition of a supplementary authority that the holder of the 2
authority: 3
(a) must not carry out prospecting work otherwise than in 4
accordance with the program of work relating to the authority, 5
and 6
(b) must carry out rehabilitation work in accordance with the 7
program of site rehabilitation relating to the authority. 8
Division 2 Research permits 9
70 Applications for research permits 10
(1) Any person may, but only with the consent of the Minister, apply for a 11
research permit over any uncommitted land. 12
(2) An application for a research permit: 13
(a) must be made in accordance with the regulations, and 14
(b) must identify, in the manner prescribed by the regulations, the 15
land over which it is made, and 16
(c) must contain such information as the regulations require. 17
71 Minister's decision on application 18
(1) Subject to this section, the Minister may grant or refuse to grant a 19
research permit. 20
(2) An application is to be refused unless the Minister is satisfied that the 21
applicant has the resources and expertise to carry out prospecting work 22
in the proposed research area. 23
(3) In determining whether or not to grant a research permit to an applicant, 24
the Minister must have regard to such matters as are prescribed by the 25
regulations. 26
72 Duration of research permit 27
(1) A research permit takes effect on the day on which it is granted or on 28
such later day as is specified in the permit. 29
(2) Unless sooner cancelled or renewed, a research permit expires 5 years 30
after the date on which it takes effect. 31
(3) There is no limit to the number of times a research permit may be 32
renewed. 33
(4) The Minister may cancel a research permit, at any time and for any 34
reason, by written notice served on the holder of the permit. 35
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Greenhouse Gas Storage Bill 2010 Clause 73
Other ancillary authorities Part 6
73 Authority conferred by research permit 1
A research permit authorises its holder to carry out prospecting work, as 2
prescribed by the regulations, in the research area. 3
74 Application of Divisions 1, 2 and 6 of Part 7 4
Divisions 1, 2 and 6 of Part 7 apply to and in respect of a research permit 5
in the same way as they apply to and in respect of a greenhouse gas 6
authority. 7
Division 3 Environmental assessment permits 8
75 Environmental assessment permits 9
(1) The Minister may, on the application of a person who proposes to 10
undertake an assessment (for the purposes of this Act or the 11
Environmental Planning and Assessment Act 1979) of the likely effect 12
on the environment of the activities to be carried out under a greenhouse 13
gas authority, grant a permit to the applicant to enter any land so as to 14
enable the person to undertake the assessment. 15
(2) The holder of a permit under this section, and any employee or agent of 16
the holder, may, in accordance with the permit: 17
(a) enter the land to which the permit relates, and 18
(b) do on that land all such things as are reasonably necessary to 19
carry out the assessment to which the permit relates. 20
(3) A permit under this section may not be granted in respect of land in a 21
national park, state conservation area, regional park, historic site, nature 22
reserve, karst conservation reserve, Aboriginal area, wildlife refuge or 23
Aboriginal place within the meaning of the National Parks and Wildlife 24
Act 1974 except with the concurrence of the Minister administering 25
that Act. 26
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Clause 76 Greenhouse Gas Storage Bill 2010
Part 7 Greenhouse gas authorities generally
Part 7 Greenhouse gas authorities generally 1
Division 1 General conditions applicable to all authorities 2
76 Statutory and administrative conditions 3
(1) A greenhouse gas authority is subject to such conditions as are imposed 4
on it by this Act or the regulations (statutory conditions), and to such 5
other conditions (administrative conditions) as the Minister may 6
impose. 7
(2) Administrative conditions may be imposed on a greenhouse gas 8
authority, and any such condition may be varied or revoked: 9
(a) when the authority is granted or renewed or its transfer is 10
approved, or 11
(b) at any time after the authority is granted or renewed or its transfer 12
is approved. 13
(3) The imposition, variation or revocation of the administrative conditions 14
of a greenhouse gas authority takes effect: 15
(a) if effected pursuant to subsection (2) (a), on the day on which the 16
authority, renewal or transfer takes effect, or 17
(b) if effected pursuant to subsection (2) (b), on the day on which 18
written notice of the imposition, variation or revocation is served 19
on the holder of the authority, or on such later day as is specified 20
in the notice. 21
(4) A statutory condition prevails over an administrative condition to the 22
extent of any inconsistency between them. 23
(5) The Minister may, by notice in writing served on the holder of a 24
greenhouse gas authority, suspend a statutory condition in relation to 25
the authority, either unconditionally or subject to specified conditions, 26
for a specified period (not exceeding 6 months). 27
(6) Nothing in this section or any other provision of this Act limits or affects 28
the operation of section 75V (Approvals etc legislation that must be 29
applied consistently) or 93 (Granting and modification of approval by 30
approval body) of the Environmental Planning and Assessment 31
Act 1979. 32
77 Standard administrative conditions 33
Without limiting section 76 (1), the conditions that may be imposed on 34
a greenhouse gas authority include the following: 35
(a) conditions as to matters to be completed before the work to which 36
the authority relates is commenced, 37
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Greenhouse Gas Storage Bill 2010 Clause 78
Greenhouse gas authorities generally Part 7
(b) conditions as to how much money is to be spent on any specified 1
aspect of the work to which the authority relates, 2
(c) conditions as to the precautions to be taken to protect public 3
health and safety, 4
(d) conditions as to the protection of the environment, 5
(e) conditions as to the rehabilitation of land affected by the carrying 6
out of the work authorised by the authority, 7
(f) conditions as to the information to be given to the 8
Director-General in connection with any change in the 9
controlling body of any corporation having an interest in the 10
authority. 11
78 Discovery of petroleum to be notified 12
(1) If petroleum is discovered in the land over which a greenhouse gas 13
authority is granted, the holder of the authority: 14
(a) must immediately inform the Director-General of the discovery, 15
and 16
(b) must, within 3 days after the date of the discovery, provide the 17
Director-General with written particulars of the discovery. 18
(2) It is a condition of a greenhouse gas authority that the holder of the 19
authority must comply with the requirements imposed by or under this 20
section. 21
(3) This section does not apply if the holder of the greenhouse gas authority 22
is also the holder of a petroleum title over the same land. 23
Note. An obligation to notify a discovery of petroleum, and to provide detailed 24
information about such a discovery, is imposed on the holder of a petroleum title 25
by sections 27 and 28 of the Petroleum (Onshore) Act 1991. 26
79 Discovery of reservoir to be notified 27
(1) If a possible reservoir (that is, a geological formation that could, with or 28
without engineering enhancements, be suitable for use for the 29
permanent underground storage of greenhouse gases) is discovered in 30
the land over which a greenhouse gas authority is granted, the holder of 31
the authority: 32
(a) must immediately inform the Director-General of the discovery, 33
and 34
(b) must, within 30 days after the date of the discovery, provide the 35
Director-General with written particulars of the discovery. 36
(2) The Director-General may, by instrument in writing served on the 37
holder of the authority, direct the holder to do either or both of the 38
following: 39
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Clause 80 Greenhouse Gas Storage Bill 2010
Part 7 Greenhouse gas authorities generally
(a) within such period as is specified in the instrument, to provide the 1
Director-General with written particulars as to: 2
(i) the nature of the stratum in which the reservoir is situated, 3
and 4
(ii) any other matters relating to the discovery that are 5
specified by the Director-General in the instrument, 6
(b) within such period as is specified in the instrument, to do such 7
things as are specified in the instrument to determine the location 8
and size of the reservoir. 9
(3) It is a condition of a greenhouse gas authority that the holder of the 10
authority must comply with the requirements imposed by or under this 11
section. 12
80 Removal of buildings, structures and works 13
(1) As soon as practicable after ceasing to carry out work on any land to 14
which a greenhouse gas authority relates, the holder of the authority: 15
(a) must remove any building, structure or work that the holder has 16
constructed, and 17
(b) must rehabilitate any land that the holder has disturbed, 18
in the course of carrying out the work for which the authority was 19
granted. 20
(2) It is a condition of a greenhouse gas authority that the holder of the 21
authority must comply with the requirements imposed by this section. 22
(3) The requirements imposed by this section do not cease merely because 23
the greenhouse gas authority expires or is cancelled. 24
(4) This section does not apply to: 25
(a) any permanent monitoring plant, or 26
(b) any building, structure or work that the owner of the land on 27
which it is situated consents to it remaining on the land. 28
81 Reporting requirements 29
(1) A condition may be imposed on a greenhouse gas authority requiring 30
the holder to provide the Director-General with reports detailing any 31
one or more of the following: 32
(a) the extent to which the conditions of the authority, or any 33
provisions of this Act or the regulations applicable to activities 34
under the authority, have or have not been complied with, 35
(b) particulars of any non-compliance with any such conditions or 36
provisions, 37
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Greenhouse Gas Storage Bill 2010 Clause 82
Greenhouse gas authorities generally Part 7
(c) the reasons for any such non-compliance, 1
(d) any action taken, or proposed to be taken, to prevent any 2
recurrence, or to mitigate the effects, of that non-compliance. 3
(2) A condition under this section may require a report to be certified as 4
correct by the holder, by some other person approved by the 5
Director-General or by a member of a class of persons prescribed by the 6
regulations. 7
(3) Any information contained in a report provided under this section may 8
be used for the purposes of this Act. 9
(4) The Director-General is authorised, despite any other Act or law, to 10
provide a relevant agency with any such information. 11
(5) In this section, relevant agency means the Department or any public 12
authority engaged in the administration of: 13
(a) the Environmental Planning and Assessment Act 1979, or 14
(b) the environment protection legislation within the meaning of the 15
Protection of the Environment Administration Act 1991, or 16
(c) such other legislation as may be prescribed by the regulations. 17
Division 2 Renewals 18
82 Applications for renewal 19
(1) The holder of an authority may apply for the renewal of the authority. 20
(2) An application for approval: 21
(a) must be made in accordance with the regulations, and 22
(b) must contain such information as the regulations require. 23
(3) If the application is in respect of part only of the land subject to the 24
authority, the application must be accompanied by a description, 25
prepared in the manner prescribed by the regulations, of the land over 26
which renewal of the authority is sought. 27
(4) Any application for the renewal of a greenhouse gas authority must be 28
lodged with the Director-General within the period of 2 months before 29
the authority ceases to have effect. 30
83 Minister's decision on application 31
(1) Subject to this section, the Minister may renew or refuse to renew a 32
greenhouse gas authority. 33
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Clause 84 Greenhouse Gas Storage Bill 2010
Part 7 Greenhouse gas authorities generally
(2) Renewal is to be refused on the same grounds as the granting of a 1
greenhouse gas authority of the same kind would be refused had the 2
applicant for renewal been the applicant for a greenhouse gas authority. 3
(3) In determining whether or not to renew a greenhouse gas authority, the 4
Minister must have regard to: 5
(a) the same matters as those to which the Minister would be 6
required to have regard in relation to an application for a 7
greenhouse gas authority of the same kind had the applicant for 8
renewal been the applicant for a greenhouse gas authority, and 9
(b) such other matters as are prescribed by the regulations. 10
(4) A greenhouse gas authority may be renewed in respect of part only of 11
the land to which the application for renewal relates. 12
84 Application by some only of holders of authority 13
(1) The Minister may not renew a greenhouse gas authority otherwise than 14
in the names of each of the holders of the authority unless satisfied that 15
any holder of the authority not applying for its renewal does not wish 16
the authority to be renewed in that person's name. 17
(2) The Minister may cause to be served on any holder of a greenhouse gas 18
authority not applying for its renewal a written notice: 19
(a) stating that an application for renewal of the authority has been 20
made, and 21
(b) requiring the person, in such manner and on or before such date 22
as is specified in the notice, to state whether or not the person 23
wishes the authority to be renewed in that person's name. 24
(3) If a person on whom such a notice is served fails to state whether or not 25
the person wishes a greenhouse gas authority to be renewed in his or her 26
name, the failure to do so is conclusive evidence that the person does 27
not wish the authority to be renewed in that person's name. 28
85 Authority to have effect until application dealt with 29
If an application for the renewal of a greenhouse gas authority is not 30
finally dealt with before the date on which the authority would 31
otherwise cease to have effect, the authority continues to have effect, in 32
relation only to the land to which the application relates, until the 33
application is finally disposed of. 34
86 Date from which renewal of authority has effect 35
The renewal of a greenhouse gas authority takes effect on the day on 36
which it is granted. 37
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Greenhouse Gas Storage Bill 2010 Clause 87
Greenhouse gas authorities generally Part 7
87 Partial renewals 1
If a greenhouse gas authority is renewed as to part only of the land to 2
which the application for renewal relates, the authority ceases to have 3
effect in relation to the remainder of the land on the date on which the 4
renewal takes effect. 5
88 Renewal of greenhouse gas authority and associated supplementary 6
authority 7
If applicable, the renewal of a greenhouse gas authority and any 8
associated supplementary authority may be dealt with as a single 9
transaction. 10
Division 3 Transfers 11
89 Applications for approval of transfers 12
(1) The holder of a greenhouse gas authority may apply for approval to the 13
transfer of the authority to another person. 14
(2) An application for approval: 15
(a) must be made in accordance with the regulations, and 16
(b) must include the consent of the proposed transferee, and 17
(c) must contain such information as the regulations require. 18
(3) If the application is in respect of part only of the land subject to the 19
authority, the application must be accompanied by a description, 20
prepared in the manner prescribed by the regulations, of the land over 21
which approval to the transfer of the authority is sought. 22
90 Minister's decision on application 23
(1) Subject to this section, the Minister may approve or refuse to approve 24
the transfer of a greenhouse gas authority. 25
(2) Approval to the transfer is to be refused on the same grounds as the 26
granting of a greenhouse gas authority of the same kind would be 27
refused had the proposed transferee been the applicant for the authority. 28
(3) In determining whether or not to approve the transfer, the Minister must 29
have regard to: 30
(a) the same matters as those to which the Minister would be 31
required to have regard in relation to an application for a 32
greenhouse gas authority of the same kind had the applicant for 33
approval of the transfer been the applicant for a greenhouse gas 34
authority, and 35
(b) such other matters as are prescribed by the regulations. 36
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Clause 91 Greenhouse Gas Storage Bill 2010
Part 7 Greenhouse gas authorities generally
91 Registration of transfers 1
(1) If the transfer of a greenhouse gas authority is approved, the transferor 2
or transferee of the authority may, within 3 months after being notified 3
of the approval, apply for registration of the transfer. 4
(2) An application for registration of a transfer: 5
(a) must be made in accordance with the regulations, and 6
(b) in the case of a full transfer, must be accompanied by a document 7
signed by the Director-General and the transferee acknowledging 8
the terms of the authority after the transfer, and 9
(c) in the case of a partial transfer, must be accompanied by: 10
(i) a document signed by the Director-General and the 11
transferor acknowledging the terms of the original 12
authority after the transfer, and 13
(ii) a document signed by the Director-General and the 14
transferee acknowledging the terms of the new authority. 15
(3) On receipt of the application, the Director-General must register the 16
transferee as the holder of the authority or (in the case of a partial 17
transfer) the new authority. 18
(4) On registration of a full transfer the transferee becomes the holder of the 19
authority. 20
(5) On registration of a partial transfer: 21
(a) the original authority is taken to have been cancelled as to the 22
area of the part transferred, and 23
(b) an authority over the part transferred is taken to have been 24
granted to the transferee for the period from the date of 25
registration until the date on which the original authority is due to 26
expire, and 27
(c) the transferee becomes the holder of the new authority. 28
92 Caveats 29
(1) A person claiming a legal or equitable interest in a greenhouse gas 30
authority may lodge with the Director-General a caveat directing the 31
Director-General not to register any transfer of the authority otherwise 32
than in accordance with the provisions of the caveat. 33
(2) Unless sooner withdrawn, the caveat remains in force for the period of 34
3 months from the date on which it is lodged. 35
(3) While the caveat remains in force, a transfer of the authority to which it 36
relates may not be registered in contravention of the provisions of the 37
caveat otherwise than pursuant to an order of the Supreme Court. 38
Page 44
Greenhouse Gas Storage Bill 2010 Clause 93
Greenhouse gas authorities generally Part 7
(4) When the caveat expires, any transfer of the authority to which it relates 1
in respect of which an application for registration has been made may 2
be registered unless, before the caveat expired, the Director-General 3
was served with an order of the Supreme Court prohibiting registration 4
of the transfer. 5
93 Transfer of greenhouse gas authority and associated supplementary 6
authority 7
If applicable, the transfer of a greenhouse gas authority and any 8
associated supplementary authority may be dealt with as a single 9
transaction. 10
Division 4 Cancellations 11
94 Grounds for cancellation of authority 12
(1) The Minister may cancel a greenhouse gas authority, as to the whole or 13
any part of the land to which it relates: 14
(a) if the holder of the authority contravenes a provision of this Act 15
or the regulations (whether or not the holder is prosecuted or 16
convicted of any offence arising from the contravention), or 17
(b) if the holder of the authority contravenes a condition of the 18
authority (whether or not the person is prosecuted or convicted of 19
any offence arising from the contravention), or 20
(c) if the holder of the authority provides false or misleading 21
information in or in connection with an application or any report 22
provided under this Act for or with respect to the authority, or 23
(d) if the Minister is of the opinion that it is necessary to cancel the 24
authority so as to prevent, reduce or mitigate: 25
(i) any risk to public health or safety, or 26
(ii) any damage to the environment, 27
that has arisen, or may arise, from the carrying out of the work for 28
which the authority has been granted, or 29
(e) if the holder of the authority no longer has the resources or 30
expertise to carry out the work for which the authority was 31
granted, or 32
(f) if the holder of the authority fails to use the land to which the 33
authority relates for the purposes for which it has been granted, 34
or uses the land for a purpose other than a purpose for which it 35
has been granted, or 36
Page 45
Clause 95 Greenhouse Gas Storage Bill 2010
Part 7 Greenhouse gas authorities generally
(g) if the holder of the authority (other than an injection lease) 1
applies for cancellation of the authority, or 2
Note. See Division 4 of Part 5 for the procedure for cancelling an 3
injection lease pursuant to an application by the holder of the lease. 4
(h) if the land is required to enable a supplementary authority to be 5
granted, or 6
(i) if the land is required for a public purpose, or 7
(j) if it is otherwise in the public interest for the authority to be 8
cancelled. 9
(2) An application referred to in subsection (1) (g): 10
(a) must be lodged with the Director-General, and 11
(b) if the application is for the cancellation of a greenhouse gas 12
authority as to part only of the land to which it relates, must 13
identify, in the manner prescribed by the regulations, the land in 14
respect of which the authority is to be cancelled. 15
(3) Without limiting subsection (1) (i), a greenhouse gas authority may be 16
cancelled, as to the whole or any part of the land to which it relates: 17
(a) if the Minister administering the Mining Act 1992 requests that 18
the authority be cancelled so as to enable a mining title to be 19
granted under that Act, or 20
(b) if the Minister administering the Petroleum (Onshore) Act 1991 21
requests that the authority be cancelled so as to enable a 22
petroleum title to be granted under that Act. 23
(4) Action taken under this section in respect of a greenhouse gas authority 24
is not affected by, and does not affect, any other action that has been 25
taken under this Act in respect of the authority. 26
95 Procedure for cancelling authorities 27
Before cancelling a greenhouse gas authority on a ground referred to in 28
section 94 (1) (a)-(f), the Minister: 29
(a) must cause written notice of the proposed cancellation and the 30
grounds for it to be served on the holder of the authority, and 31
(b) must give the holder a reasonable opportunity to make 32
representations with respect to the proposed cancellation, and 33
(c) must take any such representations into consideration. 34
96 Effect of cancellation 35
Cancellation of a greenhouse gas authority under this Division: 36
(a) takes effect on the date on which the written notice of the 37
cancellation is served on the holder of the authority, and 38
Page 46
Greenhouse Gas Storage Bill 2010 Clause 97
Greenhouse gas authorities generally Part 7
(b) does not affect any liability incurred by the holder of the authority 1
before the cancellation took effect. 2
97 Compensation for cancellation 3
(1) The holder of a greenhouse gas authority is not entitled to compensation 4
merely because the authority is cancelled. 5
(2) However, if the authority is cancelled, as to the whole or any part of the 6
land to which it relates, on the ground that: 7
(a) the land in respect of which it is cancelled is required to enable a 8
supplementary authority to be granted, or 9
(b) the land in respect of which it is cancelled is required for a public 10
purpose, or 11
(c) it is otherwise in the public interest for the authority to be 12
cancelled, 13
the holder of the authority is entitled to compensation, of an amount to 14
be determined by the Minister, for any improvements that have been 15
made, in connection with anything done by the holder under the 16
authority, to the land in respect of which the authority is cancelled. 17
Division 5 Legal and equitable interests 18
98 Interests in authority to be created by instrument in writing 19
(1) A legal or equitable interest in a greenhouse gas authority may not be 20
created or disposed of except by instrument in writing. 21
(2) The creation of a legal or equitable interest in a greenhouse gas 22
authority does not affect the liability of the holder of the authority for 23
any contravention of the conditions of the authority or any 24
contravention of this Act or the regulations. 25
99 Registration of interests 26
(1) Any person claiming a legal or equitable interest in a greenhouse gas 27
authority may apply for registration of the interest in the Register of 28
Interests. 29
(2) An application must be lodged with the Director-General and must be 30
accompanied by documentary evidence of the legal or equitable interest 31
concerned. 32
(3) If satisfied that the applicant holds the interest concerned, the 33
Director-General may register the document by which the legal or 34
equitable interest is evidenced. 35
Page 47
Clause 100 Greenhouse Gas Storage Bill 2010
Part 7 Greenhouse gas authorities generally
(4) On application by the holder of an interest or otherwise, the 1
Director-General may make such amendments to the Register of 2
Interests as are appropriate to reflect dealings in the interest. 3
(5) Without limiting subsection (4), the Director-General may cancel the 4
registration of an interest if of the opinion that the interest has ceased to 5
exist. 6
(6) Registration of an interest under this section is not evidence of the 7
existence of the interest. 8
(7) For the purposes of any legal proceedings concerning an authority: 9
(a) a registered interest has priority over an unregistered interest, and 10
(b) an earlier registered interest has priority over a later registered 11
interest. 12
100 Devolution of rights of holder of authority 13
A person on whom the rights of the holder of a greenhouse gas authority 14
have devolved by operation of law may apply to the Director-General 15
to have that person's name recorded in the Register of Interests as the 16
holder of the authority and, if satisfied that those rights have so 17
devolved, the Director-General must amend the Register in accordance 18
with the application. 19
101 Register of Interests 20
(1) The Director-General is to keep a register of legal and equitable 21
interests in greenhouse gas authorities (the Register of Interests). 22
(2) The Register of Interests must be kept in such form, and include such 23
particulars, as are prescribed by the regulations. 24
(3) The Register of Interests must be made available at such offices of the 25
Department as may be prescribed by the regulations for inspection, free 26
of charge, by members of the public. 27
Division 6 Miscellaneous 28
102 Application fee to be paid 29
An application for a greenhouse gas authority, or for the renewal, 30
transfer or cancellation of a greenhouse gas authority, is not to be dealt 31
with until any relevant application fee has been paid, or until the 32
Minister is satisfied that arrangements have been made for it to be paid. 33
Note. Section 217 enables the Minister to impose fees and charges for the 34
purposes of this Act. 35
Page 48
Greenhouse Gas Storage Bill 2010 Clause 103
Greenhouse gas authorities generally Part 7
103 Request for further information 1
The Minister may request an applicant for a greenhouse gas authority, 2
or for the renewal, transfer or cancellation of a greenhouse gas 3
authority, to provide further information in support of the application, 4
and may refuse to deal further with the application until such 5
information has been provided. 6
104 Withdrawal of application 7
An applicant for a greenhouse gas authority, or for the renewal, transfer 8
or cancellation of a greenhouse gas authority, may withdraw the 9
application, by written notice lodged with the Director-General, at any 10
time before the application is determined. 11
105 Applicant to be notified of Minister's decision 12
Notice of the Minister's decision on an application for a greenhouse gas 13
authority, or for the renewal, transfer or cancellation of a greenhouse 14
gas authority, must be served on the applicant within 14 days after the 15
decision is made. 16
106 Land over which authority may be granted 17
(1) Subject to subsection (2), a greenhouse gas authority may be granted 18
over land of any title or tenure, other than land the subject of some other 19
greenhouse gas authority. 20
(2) A greenhouse gas authority may not be granted over land in the adjacent 21
area within the meaning of the Petroleum (Offshore) Act 1982. 22
Note. See also the National Parks and Wildlife Act 1974 which prohibits the 23
granting of greenhouse gas authorities over certain other land. 24
(3) A greenhouse gas authority may be granted: 25
(a) over the surface of land and the subsoil below the surface, or 26
(b) over the surface of land and the subsoil down to a specified depth 27
below the surface, or 28
(c) over the subsoil below or between any specified depth or depths 29
below the surface of land. 30
(4) A greenhouse gas authority may be granted over part only of the land to 31
which the application for the authority relates. 32
(5) The land over which a greenhouse gas authority is granted must comply 33
with the regulations in relation to shape and size. 34
Page 49
Clause 107 Greenhouse Gas Storage Bill 2010
Part 7 Greenhouse gas authorities generally
107 Security deposit to be lodged 1
A greenhouse gas authority may not be granted until any security 2
deposit required under Part 9 has been lodged, or until the Minister is 3
satisfied that arrangements have been made for it to be lodged. 4
108 Form of authority 5
(1) A greenhouse gas authority is to be in the approved form and is to 6
include the following particulars: 7
(a) a description of the land over which it is granted, 8
(b) a description of the work and activities that the holder of the 9
authority is authorised to carry out pursuant to the authority, 10
(c) the conditions imposed on it by the Minister, 11
(d) the period for which it is to have effect. 12
(2) In addition to the particulars referred to in subsection (1), an injection 13
lease must indicate: 14
(a) the number, size and location of the injection sites on which the 15
holder of the lease is authorised to construct injection plant and 16
carry out injection work, and 17
(b) the number, size and location of the monitoring sites on which the 18
holder of the lease is authorised to construct monitoring plant and 19
carry out monitoring work. 20
109 Landowner's consent to application for development consent not 21
required 22
(1) This section applies if development consent under the Environmental 23
Planning and Assessment Act 1979 is required for the use of land for any 24
of the following purposes: 25
(a) carrying out prospecting work, 26
(b) constructing injection plant or carrying out injection work, 27
(c) constructing monitoring plant or carrying out monitoring work. 28
(2) Any requirement of or made under the Environmental Planning and 29
Assessment Act 1979 that an application for development consent to the 30
use of land for a purpose referred to in subsection (1) be accompanied 31
by the consent of the owner of the land is of no effect. 32
110 Rights under authority not exercisable in certain areas 33
(1) The holder of a greenhouse gas authority may not, except with the 34
consent of the Minister, exercise any of the rights conferred by the 35
authority on any of the following land: 36
Page 50
Greenhouse Gas Storage Bill 2010 Clause 111
Greenhouse gas authorities generally Part 7
(a) land reserved, dedicated, appropriated, resumed or acquired for 1
public purposes (except land reserved for a temporary common 2
or a commonage), whether vested in the Crown or in any person 3
as trustee for public purposes, 4
(b) land held under a lease for water supply by virtue of a special 5
lease or otherwise, 6
(c) land transferred, granted or vested in trust by the Crown for the 7
purpose of a racecourse, cricket ground, recreation reserve, park 8
or permanent common or for any public purpose, 9
(d) land prescribed by the regulations for the purposes of this section. 10
Note. See also the National Parks and Wildlife Act 1974 which prohibits rights 11
under greenhouse gas authorities from being exercised over certain other land. 12
(2) The Minister's consent may be given unconditionally or subject to 13
conditions. 14
(3) The Minister's consent may not be given in respect of land in a state 15
conservation area under the National Parks and Wildlife Act 1974 16
without the concurrence in writing of the Minister administering 17
that Act. 18
111 Register of Greenhouse Gas Authorities 19
(1) The Director-General is to keep a register of greenhouse gas authorities 20
(the Register of Greenhouse Gas Authorities). 21
(2) The Register of Greenhouse Gas Authorities: 22
(a) must be kept in the manner prescribed by the regulations, and 23
(b) must contain records of: 24
(i) each application for a greenhouse gas authority made 25
under this Act, and 26
(ii) each greenhouse gas authority granted, renewed, 27
transferred or cancelled under this Act, and 28
(c) must contain such other particulars as the regulations require. 29
(3) The Register of Greenhouse Gas Authorities must be made available, at 30
such offices of the Department as may be prescribed by the regulations, 31
for inspection, free of charge, by members of the public. 32
Page 51
Clause 112 Greenhouse Gas Storage Bill 2010
Part 8 Access arrangements
Part 8 Access arrangements 1
Division 1 Preliminary 2
112 Access arrangements generally 3
(1) An access arrangement may make provision generally with respect to 4
the access that the holder of a greenhouse gas authority is to be 5
permitted to have to the land the subject of the arrangement. 6
(2) Without limiting subsection (1), an access arrangement may make 7
provision for or with respect to the following matters: 8
(a) the periods during which the holder of the greenhouse gas 9
authority is to be permitted to have access to the land, 10
(b) the parts of the land in or on which the holder of the greenhouse 11
gas authority may carry out prospecting work, and the means by 12
which the holder may gain access to those parts of the land, 13
(c) the kinds of prospecting work that may be carried out in or on the 14
land, 15
(d) the conditions to be observed by the holder of the greenhouse gas 16
authority when carrying out prospecting work or rehabilitation 17
work in or on the land, 18
(e) the compensation to be paid to any owner of the land as a 19
consequence of the holder of the greenhouse gas authority 20
carrying out prospecting work in or on the land, 21
Note. See also section 147 (3) as to the effect of a provision of an 22
access arrangement relating to compensation. 23
(f) the manner of resolving any dispute arising in connection with 24
the arrangement, 25
(g) the way in which changes in the ownership of the land are to be 26
dealt with, 27
(h) the preservation of confidentiality in relation to the contents of 28
the arrangement, 29
(i) the manner of varying the arrangement, 30
(j) the notification to the holder of the greenhouse gas authority of 31
particulars of any person who becomes an additional owner. 32
(3) Separate access arrangements may (but need not) be agreed or 33
determined with different owners of the same area of land, for different 34
areas of the same land or with respect to the different matters to which 35
access arrangements relate. 36
Page 52
Greenhouse Gas Storage Bill 2010 Clause 113
Access arrangements Part 8
(4) The Director-General may, with the concurrence of the NSW Farmers 1
Association and the NSW Minerals Council, publish templates that may 2
(but need not) be used for standard access arrangements. 3
(5) A provision of this Act, the regulations or the conditions of a 4
greenhouse gas authority prevails over a provision of an access 5
arrangement to the extent of any inconsistency between them. 6
113 Compensation to landowner to be specified by access arrangement 7
determined by arbitrator 8
An access arrangement that is determined by an arbitrator must specify 9
the compensation, as assessed by the arbitrator, to which each owner of 10
the land is entitled under Part 11. 11
114 Payment of landowner's legal costs 12
(1) If the owner of the land so requests, an access arrangement must specify 13
that the holder of the greenhouse gas authority is required to pay the 14
reasonable legal costs of the owner in obtaining initial advice about the 15
making of the arrangement. 16
(2) The costs referred to in subsection (1) are not to exceed the maximum 17
amount set by the Director-General, with the concurrence of the NSW 18
Farmers Association and the NSW Minerals Council, by order 19
published in the Gazette. 20
115 Consequences of contravention of access arrangement 21
(1) If the holder of a greenhouse gas authority contravenes an access 22
arrangement, an owner of the land may deny the holder access to the 23
land until: 24
(a) the holder ceases the contravention, or 25
(b) the contravention is remedied to the reasonable satisfaction of, or 26
in the manner directed by, an arbitrator appointed by the 27
Director-General. 28
Note. Carrying out prospecting work in contravention of an access arrangement 29
also constitutes an offence under section 175. 30
(2) The Director-General is to make such an appointment within 48 hours 31
after being requested to do so by the owner, and the arbitrator is to deal 32
with the matter within 5 business days of the appointment. 33
(3) If the arbitrator does not deal with the matter within that time, the owner 34
may deny the holder of the greenhouse gas authority access to the land 35
until such time as the matter is determined by the arbitrator. 36
(4) Subsection (3) does not affect any proceedings that may be brought 37
against the holder of the greenhouse gas authority in respect of the 38
contravention of the access arrangement. 39
Page 53
Clause 116 Greenhouse Gas Storage Bill 2010
Part 8 Access arrangements
(5) This section does not empower the owner of the land to deny the holder 1
of the authority access to any monitoring site on the land or to prevent 2
the holder from carrying out monitoring work at any such site. 3
116 Access arrangement not to affect right of way to injection site or 4
monitoring site 5
An access arrangement does not affect any right of way to which the 6
holder of an injection lease or associated supplementary authority is 7
entitled in connection with any injection site or monitoring site located 8
in the injection lease area or supplementary area. 9
117 Access arrangements not required in certain circumstances 10
(1) This Part does not require an access arrangement in respect of an owner 11
of land who is a native title holder if: 12
(a) the greenhouse gas authority was granted or renewed after 13
compliance with Subdivision P of Division 3 of Part 2 of the 14
Native Title Act 1993 of the Commonwealth, and 15
(b) the grant or renewal was not an act that attracted the expedited 16
procedure under and within the meaning of that Subdivision. 17
(2) This Part does not require an access arrangement in respect of an owner 18
of land who is a native title holder if: 19
(a) the greenhouse gas authority was granted or renewed after 20
compliance with a registered indigenous land use agreement 21
under the Native Title Act 1993 of the Commonwealth, and 22
(b) the agreement provides that an access arrangement is not required 23
in respect of such an owner. 24
Division 2 Access arrangements agreed between parties 25
118 Holder of authority to seek access arrangement 26
(1) The holder of a greenhouse gas authority may, by written notice served 27
on each owner of the land, give notice of the holder's intention to obtain 28
an access arrangement in respect of the land (a section 118 notice). 29
(2) In addition to stating the holder's intention, the notice must contain: 30
(a) a plan and description of the land over which the access is sought 31
sufficient to enable the ready identification of that land, and 32
(b) a description of the prospecting work that the holder proposes to 33
carry out on the land. 34
(3) The holder of a greenhouse gas authority and an owner of the land may 35
agree in writing (either before or after the greenhouse gas authority is 36
granted) on an access arrangement. 37
Page 54
Greenhouse Gas Storage Bill 2010 Clause 119
Access arrangements Part 8
(4) If some but not all of the owners of any particular land have agreed to 1
an access arrangement, a reference in Division 3 to each owner of the 2
land, or to a party to the hearing before an arbitrator, does not include a 3
reference to such of them as have agreed to an access arrangement. 4
(5) However, the arbitrator may allow an owner who has agreed to an 5
access arrangement to become a party to the hearing of the matter in 6
order to ensure consistency in the access arrangements over the same 7
land and may, for that purpose, replace the agreed access arrangement 8
with the access arrangement determined by the arbitrator. 9
(6) In this section, a reference to the holder of a greenhouse gas authority 10
includes a reference to the proposed holder of a greenhouse gas 11
authority. 12
119 Notice to mortgagees of agreed access arrangements 13
(1) Within 14 days after an access arrangement is agreed between an owner 14
of the land and the holder of a greenhouse gas authority, the holder is to 15
serve notice of the making of the arrangement on each person (other 16
than that owner) who is identified in any register or record kept by the 17
Registrar-General as being a mortgagee of the land. 18
(2) Notice is not required to be served on a mortgagee under this section: 19
(a) if the mortgagee is a mortgagee in possession of the land, or 20
Note. An access arrangement with a mortgagee in possession of the 21
land is required before prospecting work may be carried out on the land. 22
(b) if the mortgagee has been given a copy of the relevant section 118 23
notice, or 24
(c) if the owner with whom the access arrangement was made is not 25
the mortgagor. 26
(3) If notice is required to be served on a mortgagee under this section, the 27
access arrangement takes effect at the end of the period of 14 days after 28
the notice is served. 29
(4) The requirement imposed by this section on the holder of a greenhouse 30
gas authority is taken to be a condition of the greenhouse gas authority. 31
(5) In this section, a reference to the holder of a greenhouse gas authority 32
includes a reference to the proposed holder of a greenhouse gas 33
authority. 34
Page 55
Clause 120 Greenhouse Gas Storage Bill 2010
Part 8 Access arrangements
Division 3 Access arrangements determined by arbitration 1
120 Appointment of arbitrator by agreement 2
(1) If, by the end of 28 days after service of the relevant section 118 notice, 3
the holder of the greenhouse gas authority and each owner of the land 4
have been unable to agree on an access arrangement, the holder may, by 5
further notice in writing served on each owner, request each owner to 6
agree to the appointment of an arbitrator. 7
(2) The holder of a greenhouse gas authority and each owner of the land 8
may appoint any person as an arbitrator. 9
121 Appointment of arbitrator in default of agreement 10
(1) If, by the end of 28 days after service of the relevant section 118 notice, 11
the holder of the greenhouse gas authority and each owner of the land 12
have been unable to agree on the appointment of an arbitrator, then any 13
one of them may apply to the Director-General for the appointment of a 14
member of the Arbitration Panel as an arbitrator. 15
(2) The Director-General is to appoint a member of the Arbitration Panel as 16
an arbitrator. 17
122 Arbitration hearing to be conducted 18
(1) As soon as practicable after being appointed, an arbitrator: 19
(a) must fix a time and place for conducting a hearing into the 20
question of access to the land, and 21
(b) must cause notice of his or her appointment, and of the time and 22
place fixed for the hearing, to be served on the holder of the 23
greenhouse gas authority and on each owner of the land. 24
(2) The arbitrator may, by a further notice served on the holder of the 25
greenhouse gas authority and on each owner of the land, vary the time 26
or place fixed for the hearing. 27
(3) The arbitrator must, at the time and place fixed under this section, 28
conduct a hearing into the question of access to the land. 29
123 Right of appearance 30
(1) At any hearing into the question of access to land, the holder of the 31
greenhouse gas authority and each owner of the land are entitled to 32
appear and be heard. 33
Page 56
Greenhouse Gas Storage Bill 2010 Clause 124
Access arrangements Part 8
(2) A party to a hearing may be represented: 1
(a) by an agent who is not an Australian legal practitioner, or 2
(b) with the agreement of the parties and the leave of the arbitrator, 3
by an Australian legal practitioner. 4
124 Conciliation to be attempted 5
(1) An arbitrator is not to make a determination until the arbitrator has used 6
his or her best endeavours to bring the parties to a settlement acceptable 7
to all of them. 8
(2) If the parties come to such a settlement, the arbitrator must make a 9
determination that gives effect to the terms of the settlement. 10
125 Procedure at hearings 11
(1) Subject to this Division, the procedure at a hearing is to be as 12
determined by the arbitrator. 13
(2) An arbitrator must act according to equity, good conscience and the 14
substantial merits of the case without regard to technicalities or legal 15
forms. 16
(3) An arbitrator may conduct a hearing even though one or more of the 17
parties to the hearing does not attend the hearing. 18
126 Interim determination by arbitrator 19
(1) As soon as practicable after concluding a hearing, an arbitrator: 20
(a) must make an interim determination as to whether or not the 21
holder of the greenhouse gas authority should have a right of 22
access to the land, and 23
(b) if the arbitrator determines that the holder of the greenhouse gas 24
authority should have a right of access to the land, must prepare 25
a draft access arrangement in respect of the land. 26
(2) As soon as practicable after making an interim determination, the 27
arbitrator: 28
(a) must reduce the determination to writing, and 29
(b) must cause a copy of the determination, together with a copy of 30
any draft access arrangement, to be served on each of the parties 31
to the hearing. 32
(3) Unless an application is made to the arbitrator within the period of 33
14 days referred to in section 127 (1): 34
(a) the interim determination becomes the arbitrator's final 35
determination, and 36
Page 57
Clause 127 Greenhouse Gas Storage Bill 2010
Part 8 Access arrangements
(b) any draft access arrangement becomes a final access 1
arrangement. 2
127 Arbitration hearing to be continued on application of party 3
(1) Within 14 days after being served with a copy of the arbitrator's interim 4
determination, a party to a hearing may apply to the arbitrator: 5
(a) for reconsideration of the question of access to the land, or 6
(b) for variation of any draft access arrangement prepared by the 7
arbitrator in respect of that land. 8
(2) As soon as practicable after receiving such an application, the arbitrator: 9
(a) must fix a time and place for continuing the hearing into the 10
question of access to the land, and 11
(b) must cause notice of the time and place fixed for continuing the 12
hearing to be served on the holder of the greenhouse gas authority 13
and to each owner of the land. 14
(3) The arbitrator may, by a further notice served on the holder of the 15
greenhouse gas authority and on each owner of the land, vary the time 16
or place fixed for continuing the hearing. 17
(4) The arbitrator must, at the time and place fixed under this section, 18
continue the hearing into the question of access to the land. 19
128 Final determination by arbitrator 20
(1) As soon as practicable after concluding a continued hearing under 21
section 127, the arbitrator: 22
(a) must make a final determination as to whether or not the holder 23
of the greenhouse gas authority should have a right of access to 24
the land, and 25
(b) if the arbitrator determines that the holder of the greenhouse gas 26
authority should have a right of access to the land, must 27
determine a final access arrangement in respect of the land. 28
(2) As soon as practicable after making a final determination, the arbitrator: 29
(a) must reduce the determination to writing, and 30
(b) must cause a copy of the determination, together with a copy of 31
any final access arrangement forming part of the determination, 32
to be served on each of the parties to the hearing. 33
Page 58
Greenhouse Gas Storage Bill 2010 Clause 129
Access arrangements Part 8
129 Effect of access arrangement 1
An access arrangement determined by an arbitrator: 2
(a) takes effect: 3
(i) in the case of a draft access arrangement that becomes a 4
final access arrangement pursuant to section 126 (3), at the 5
end of the period of 14 days after a copy of the draft access 6
arrangement has been served on all of the parties, or 7
(ii) in the case of a final access arrangement determined under 8
section 128 (1), when a copy of the arrangement has been 9
served on all of the parties, 10
or on such later date as may be specified in the arrangement, and 11
(b) subject to section 112 (5), has effect as if its terms were embodied 12
in a deed that had been duly executed by each of the parties. 13
130 Review of arbitrator's determination 14
(1) A party to a hearing who is aggrieved by an arbitrator's determination 15
under section 128 may apply to the Land and Environment Court for a 16
review of the determination. 17
(2) An application under this section: 18
(a) must be accompanied by a copy of the determination to which it 19
relates, together with a copy of any access arrangement forming 20
part of the determination, and 21
(b) must be filed in the Land and Environment Court within 14 days 22
after a copy of the determination was served on the applicant. 23
(3) An application for review may not be made: 24
(a) during the period of 14 days within which an application may be 25
made to an arbitrator under section 127 (1), or 26
(b) if such an application is made, until the arbitrator has made a final 27
determination with respect to the application. 28
(4) The applicant must cause a copy of the application to be served on each 29
of the other parties to the determination to which the application relates. 30
(5) Subject to any order of the Land and Environment Court, an application 31
for review of a determination operates to stay the effect of any related 32
access arrangement in relation to a party to the arrangement from the 33
time when a copy of the arrangement has been served on the party until 34
the decision of the Land and Environment Court on the review. 35
(6) In reviewing a determination under this section, the Land and 36
Environment Court has the functions of an arbitrator under this Division 37
in addition to its other functions. 38
Page 59
Clause 131 Greenhouse Gas Storage Bill 2010
Part 8 Access arrangements
(7) A review of a determination is to be by way of rehearing, and fresh 1
material or material in addition to, or in substitution for, the material 2
considered on the making of the determination by the arbitrator may be 3
given on the review and taken into consideration by the Land and 4
Environment Court. 5
(8) The decision of the Land and Environment Court on a review of a 6
determination is final and is to be given effect to as if it were the 7
determination of an arbitrator. 8
131 Costs of arbitration 9
(1) Each party to arbitration proceedings under this Division is to bear his 10
or her own costs in relation to the hearing. 11
(2) The arbitrator's costs in relation to the proceedings hearing are to be 12
borne by the holder of the greenhouse gas authority. 13
132 Parties may withdraw from arbitration 14
(1) At any time before the conclusion of a hearing before an arbitrator, the 15
parties to the hearing may terminate the hearing by notice in writing, 16
signed by all of them, served on the arbitrator. 17
(2) This section does not limit the liability of the holder of a greenhouse gas 18
authority to bear the arbitrator's costs in relation to the hearing. 19
133 Protection of arbitrator from liability 20
No proceedings lie against an arbitrator for or with respect to: 21
(a) any determination made by the arbitrator, or 22
(b) any publication made by the arbitrator, or 23
(c) any other act, matter or thing done by the arbitrator, 24
for the purposes of a hearing, so long as the determination, publication, 25
act, matter or thing was made or done in good faith. 26
Division 4 Variation of access arrangements and changes in 27
parties 28
134 Variation of access arrangements 29
(1) An access arrangement may be varied or terminated: 30
(a) in accordance with the terms of the arrangement, or 31
(b) by agreement of all of the parties to the arrangement. 32
Page 60
Greenhouse Gas Storage Bill 2010 Clause 135
Access arrangements Part 8
(2) An access arrangement may also be varied or terminated: 1
(a) in the case of an arrangement determined by an arbitrator: 2
(i) by the arbitrator who determined the arrangement on an 3
application made with the consent of all the parties to the 4
arrangement, or 5
(ii) by the Land and Environment Court on an application 6
made by any of the parties to the arrangement, or 7
(b) in the case of an arrangement determined by the Land and 8
Environment Court, by the Land and Environment Court on an 9
application made by any of the parties to the arrangement. 10
135 Change in landowners 11
(1) An access arrangement to which two or more owners are parties does 12
not terminate merely because one or more (but not all) of them cease to 13
be an owner of any or all of the land. 14
(2) An access arrangement to which one or more owners are parties does 15
not terminate merely because some other person becomes, together with 16
them, an owner of any or all of the land after the arrangement was 17
agreed or determined. 18
(3) An access arrangement does not run with the land, and accordingly a 19
person does not (except as provided by this section) become a party to 20
the access arrangement merely because the person becomes an owner of 21
any or all of the land after the access arrangement was agreed or 22
determined. 23
Note. Consequently, an access arrangement will terminate in relation to any 24
land if all of the parties to the arrangement cease to be owners of the land. 25
(4) If, after an access arrangement has taken effect: 26
(a) a person becomes an owner of any or all of the land to which the 27
arrangement applies in addition to another owner, and 28
(b) the other owner continues to be a party to the arrangement, 29
the arrangement (except in relation to compensation) applies to the new 30
owner as if the new owner were a party to the arrangement, but only if 31
the new owner is given a copy of the arrangement. 32
(5) If the new owner objects to the access arrangement within 28 days after 33
being given a copy of the arrangement, the arrangement ceases to apply 34
to the new owner when whichever of the following first happens: 35
(a) the new owner agrees to an access arrangement with the holder 36
of the greenhouse gas authority concerned in accordance with 37
Division 2, 38
Page 61
Clause 135 Greenhouse Gas Storage Bill 2010
Part 8 Access arrangements
(b) an arbitrator determines an access arrangement in relation to the 1
new owner in accordance with Division 3, 2
(c) at the end of the period of 60 days after the new owner objects, 3
an access arrangement has not been so agreed or determined. 4
(6) Despite subsection (5): 5
(a) if an arbitrator is appointed to determine an access arrangement 6
under Division 3, or 7
(b) an application for review of the arbitrator's determination is 8
made under section 130, 9
the arbitrator or the Land and Environment Court (as the case requires) 10
may continue the existing access arrangement (with or without 11
variation) until the determination of the arbitration or review. 12
Page 62
Greenhouse Gas Storage Bill 2010 Clause 136
Security deposits Part 9
Part 9 Security deposits 1
136 Definitions 2
In this Part: 3
bank includes any authorised deposit-taking institution. 4
holder, in relation to a greenhouse gas authority that has ceased to have 5
effect, means the person who was the holder of the authority 6
immediately before it ceased to have effect. 7
obligation, in relation to a greenhouse gas authority, means: 8
(a) any obligation under the conditions imposed on the authority, and 9
(b) any obligation to pay an arbitrator's costs in relation to a hearing 10
conducted under Division 3 of Part 8, and 11
(c) any obligation to pay compensation under Part 11 (otherwise than 12
pursuant to an access arrangement agreed under Division 2 of 13
Part 8), 14
but does not include any obligation with respect to the payment of 15
royalty under Part 10. 16
security deposit condition means a condition requiring the provision 17
and maintenance of a security deposit that is imposed on a greenhouse 18
gas authority under section 137. 19
137 Security deposit conditions 20
(1) The Minister may impose a condition on a greenhouse gas authority 21
requiring the holder of the authority: 22
(a) to provide and maintain a security deposit, or 23
(b) if the holder is a body corporate, to ensure that a related 24
corporation provides and maintains a security deposit, 25
to secure funding for the fulfilment of the obligations under the 26
authority or the taking of action specified in a direction under Division 1 27
of Part 12. 28
(2) A security deposit condition may be varied so as to change the required 29
amount of the deposit (whether the deposit was provided by the holder 30
of the authority or by another person) or any other requirement of the 31
condition. 32
138 Content of security deposit condition 33
(1) A security deposit condition may include requirements with respect to 34
any one or more of the following matters: 35
(a) the amount of the deposit, 36
(b) the form of the deposit, 37
Page 63
Clause 139 Greenhouse Gas Storage Bill 2010
Part 9 Security deposits
(c) the date by which the deposit, or any instalment of the deposit, is 1
to be provided, 2
(d) the manner in which the deposit is to be provided and maintained, 3
(e) the provision of information or other material to the 4
Director-General that demonstrates that the condition is being 5
complied with, 6
(f) the provision of progress reports on work (and associated costs 7
and expenses) for which the deposit is intended to provide 8
security, 9
(g) the independent auditing of any such work, costs and expenses, 10
(h) the circumstances in which the requirement to maintain the 11
deposit lapses. 12
(2) A security deposit condition may require the holder of the greenhouse 13
gas authority to cause a security deposit that has been provided and 14
maintained in relation to another greenhouse gas authority to be 15
extended to the firstmentioned authority. 16
(3) A security deposit condition may require one security deposit to be 17
provided and maintained in respect of a number of greenhouse gas 18
authorities held by one person or by a person and a related corporation. 19
(4) Nothing in this section limits the matters that may be included in a 20
security deposit condition. 21
139 Form and amount of security deposit 22
(1) A security deposit may be in (but is not limited to) any of the following 23
forms: 24
(a) a bank guarantee, 25
(b) cash, 26
(c) a bond, 27
(d) another form that the Director-General considers appropriate and 28
specifies in the security deposit condition. 29
(2) The amount of the security deposit is to be determined having regard to 30
any guidelines prepared by the Director-General for the purposes of this 31
Part and any of the following that are relevant: 32
(a) the estimated cost of closing any injection sites, 33
(b) the estimated cost of maintaining and operating any permanent 34
monitoring plant, 35
(c) the estimated cost of any rehabilitation of land that is required, 36
(d) the estimated cost of fulfilling any other obligations under the 37
greenhouse gas authority concerned. 38
Page 64
Greenhouse Gas Storage Bill 2010 Clause 140
Security deposits Part 9
(3) The regulations may make provision for or with respect to the 1
administration of securities received by the Minister under a security 2
deposit. 3
140 Claim on and use of security deposit 4
(1) The Minister may make a claim on or realise a security deposit provided 5
under a security deposit condition of a greenhouse gas authority if: 6
(a) the authority is cancelled or otherwise ceases to have effect and 7
an obligation under the former authority remains unfulfilled, or 8
(b) the holder of the authority contravenes the terms of a direction 9
under Division 1 of Part 12 in relation to the authority or to 10
activities carried out under, or purportedly under, the authority. 11
(2) Before the Minister makes a claim on or realises a security deposit, 12
written notice of the Minister's intention to do so must be served on the 13
holder of the greenhouse gas authority. 14
(3) The Minister may use money obtained under a security deposit: 15
(a) in the circumstances referred to in subsection (1) (a), to recover 16
or fund the expenditure incurred by the Crown in causing any 17
obligation under the former authority to be fulfilled, or 18
(b) in the circumstances referred to in subsection (1) (b), to recover 19
or fund the expenditure incurred by the Crown in causing the 20
action specified in the direction under Division 1 of Part 12 to be 21
taken. 22
(4) The Minister may invest money obtained under a security deposit in 23
interest-bearing deposits in a bank. 24
(5) Money obtained under a security deposit and used under subsection (3) 25
is taken, for all purposes, to be forfeited to the Crown when it is so used. 26
(6) The functions of the Minister under this section may be exercised in 27
relation to the contravention by the holder of a greenhouse gas authority 28
of the terms of a direction under Division 1 of Part 12 without the need 29
for a finding by a court or tribunal that there has been such a 30
contravention. 31
(7) Action taken under this section in respect of a greenhouse gas authority 32
is not affected by, and does not affect, any other action that has been 33
taken under this Act in respect of the authority. 34
Page 65
Clause 141 Greenhouse Gas Storage Bill 2010
Part 9 Security deposits
141 Lapsing of security deposit requirement and return of unused money 1
(1) The requirement to maintain a security deposit lapses: 2
(a) in accordance with the terms of the security deposit condition, or 3
(b) if the security deposit condition does not deal with the lapsing of 4
the requirement, when the Minister has determined that no 5
further circumstances can arise in which the Minister would be 6
authorised to make a claim on or realise the deposit. 7
(2) If practicable, the Minister must give written notice to the holder of the 8
greenhouse gas authority concerned of any determination referred to in 9
subsection (1) (b). 10
(3) Any money obtained under a security deposit that is not used under 11
section 140 is to be paid (together with any accumulated interest) to the 12
person or body that provided the deposit. 13
Page 66
Greenhouse Gas Storage Bill 2010 Clause 142
Royalty Part 10
Part 10 Royalty 1
142 Liability to pay royalty 2
The holder of an injection lease is liable to pay royalty to the Minister 3
on the quantity of greenhouse gases injected into the leased reservoir. 4
143 Rate of royalty 5
(1) Royalty is payable at the rate prescribed by the regulations. 6
(2) The quantity of greenhouse gases injected into a leased reservoir is to 7
be calculated (by mass or by volume) in the manner prescribed by the 8
regulations. 9
144 Returns 10
(1) The holder of an injection lease is to furnish to the Minister returns in 11
such form, at such intervals, in respect of such periods and containing 12
such information, as may be prescribed by the regulations. 13
(2) The Minister may authorise the holder of an injection lease to furnish to 14
the Minister returns in a different form, at different intervals or in 15
respect of different periods from the form, intervals or periods so 16
prescribed. 17
145 Payment of royalty 18
(1) Royalty payable to the Minister under this Act is payable at such times, 19
and in respect of such periods, as may be specified in or determined in 20
accordance with the regulations. 21
(2) If an amount of royalty payable to the Minister is not paid: 22
(a) by the time that it becomes payable in accordance with the 23
regulations, or 24
(b) within 28 days after a demand for its payment is made by the 25
Minister, 26
interest is, if the Minister so directs, to be added to the amount due at 27
such rate as the Minister determines. 28
(3) The regulations may make provision for or with respect to the manner 29
in which royalty payable to the Minister under this Act is to be paid and, 30
in particular, may require that payment of any royalty referred to in the 31
regulations is to accompany a return referred to in section 144. 32
(4) Any royalty, or interest on royalty, that remains unpaid is recoverable 33
in any court of competent jurisdiction as a debt due to the Crown. 34
Page 67
Clause 146 Greenhouse Gas Storage Bill 2010
Part 11 Compensation
Part 11 Compensation 1
Division 1 Compensation under greenhouse gas authorities 2
146 Definitions 3
In this Division and Division 3: 4
compensable loss means loss caused, or likely to be caused, by: 5
(a) damage to the surface of land, to crops, trees, grasses or other 6
vegetation (including fruit and vegetables) or to buildings, 7
structures or works, being damage which has been caused by or 8
which may arise from the activities carried out under a 9
greenhouse gas authority, or 10
(b) deprivation of the possession or of the use of the surface of land 11
or any part of the surface, or 12
(c) severance of land from other land of the owner, or 13
(d) surface rights of way and easements, or 14
(e) destruction or loss of, or injury to, disturbance of or interference 15
with, stock, or 16
(f) damage consequential on any matter referred to in 17
paragraphs (a)-(e). 18
owner includes any person identified in a register or record kept by the 19
Registrar-General as having an interest in the land, whether or not the 20
person is referred to in paragraph (g) of the definition of owner in 21
section 9 (1). 22
147 Compensation arising under authority 23
(1) On the granting of a greenhouse gas authority, an owner of any land 24
(whether or not subject to the authority) becomes entitled to 25
compensation for any compensable loss suffered, or likely to be 26
suffered, by the owner as a result of the exercise of the rights conferred 27
by the authority or by an access arrangement in respect of the authority. 28
(2) The holder, or proposed holder, of a greenhouse gas authority may 29
agree with an owner as to the amount of compensation payable, but an 30
agreement reached is not valid unless it is in writing, signed by or on 31
behalf of the parties to the agreement. 32
(3) Such of the provisions of an access arrangement as relate to 33
compensation have effect as an agreement for the purposes of this 34
section. 35
Note. Access arrangements determined by an arbitrator will, and access 36
arrangements agreed on by the parties may, include provisions with respect to 37
compensation. 38
Page 68
Greenhouse Gas Storage Bill 2010 Clause 148
Compensation Part 11
(4) If no such agreement is reached, the compensation payable under this 1
section is to be determined by the Land and Environment Court on the 2
application of either the holder of the greenhouse gas authority or the 3
owner of the land. 4
148 Continuation of pre-existing agreements on granting of assessment 5
lease 6
(1) If, immediately before the grant of an assessment lease: 7
(a) any part of the assessment lease area: 8
(i) was, or was in, a prospecting area, and 9
(ii) was the subject of a valid agreement referred to in 10
section 147 (3) (an existing agreement), and 11
(b) the holder of the assessment lease: 12
(i) was the holder of the relevant prospecting licence 13
immediately before the grant of the assessment lease, or 14
(ii) is the assignee of the rights under the existing agreement, 15
a valid agreement is taken, for the purposes of section 147, to have been 16
entered into in relation to that part. 17
(2) Subsection (1) ceases to apply to a part of an assessment lease area if a 18
subsequent valid agreement is entered into, or the Land and 19
Environment Court makes an assessment of compensation payable, in 20
relation to that part. 21
(3) In this section: 22
(a) a reference to a prospecting licence or assessment lease extends 23
to any associated supplementary authority, and 24
(b) a reference to a prospecting area or assessment lease area extends 25
to the supplementary area of any associated supplementary 26
authority. 27
149 Continuation of pre-existing agreements on granting of injection lease 28
(1) If, immediately before the grant of an injection lease: 29
(a) any part of the injection lease area: 30
(i) was, or was in, a prospecting area or assessment lease area, 31
and 32
(ii) was the subject of a valid agreement referred to in 33
section 147 (3) (an existing agreement), and 34
(b) the holder of the injection lease: 35
(i) was the holder of the relevant prospecting licence or 36
assessment lease immediately before the grant of the 37
injection lease, or 38
Page 69
Clause 150 Greenhouse Gas Storage Bill 2010
Part 11 Compensation
(ii) is the assignee of the rights under the existing agreement, 1
the existing agreement is taken, for the purposes of section 147, to be a 2
valid agreement in relation to that part. 3
(2) Subsection (1) ceases to apply to a part of the injection lease area if a 4
subsequent valid agreement is entered into, or the Land and 5
Environment Court makes an assessment of compensation payable, in 6
relation to that part. 7
(3) In this section: 8
(a) a reference to a prospecting licence, assessment lease or injection 9
lease extends to any associated supplementary authority, and 10
(b) a reference to a prospecting area, assessment lease area or 11
injection lease area extends to the supplementary area of any 12
associated supplementary authority. 13
150 Compensation payable in relation to injection sites and monitoring sites 14
In addition to any compensation payable under section 147, an owner of 15
land on which an injection site or monitoring site is located is entitled 16
to compensation for any compensable loss suffered, or likely to be 17
suffered, by the owner as a result of the exercise of the rights conferred 18
by the authority in respect of that site or by a right of way arising under 19
section 44 in respect of that site. 20
Division 2 Compensation under environmental assessment 21
permits 22
151 Definitions 23
In this Division and Division 3: 24
compensable loss means loss caused, or likely to be caused, by: 25
(a) interference with the use of land, or 26
(b) damage to land, to any crops, trees, grasses or other vegetation on 27
the land or to any buildings, structures and works on the land, or 28
(c) damage consequential on any matter referred to in paragraph (a) 29
or (b). 30
owner includes any person identified in a register or record kept by the 31
Registrar-General as having an interest in the land, whether or not the 32
person is referred to in paragraph (g) of the definition of owner in 33
section 9 (1). 34
Page 70
Greenhouse Gas Storage Bill 2010 Clause 152
Compensation Part 11
152 Compensation arising under environmental assessment permit 1
(1) If the holder of an environmental assessment permit enters any land 2
under the authority of the permit, the owner of the land becomes entitled 3
to compensation from the holder of the permit for any compensable loss 4
suffered by the owner as a result of the exercise of the rights conferred 5
by the permit. 6
(2) The holder of an environmental assessment permit may agree with an 7
owner as to the amount of compensation payable, but an agreement 8
reached is not valid unless it is in writing, signed by or on behalf of the 9
parties to the agreement. 10
(3) If no such agreement is reached, the compensation payable under this 11
section is to be determined by the Land and Environment Court on the 12
application of either the holder of the environmental assessment permit 13
or the owner of the land. 14
(4) Nothing in this section affects any remedy available to any person 15
whose lands are entered pursuant to a power conferred by or under 16
Division 2 of Part 12. 17
Division 3 Compensation assessment procedures 18
153 Procedure for making assessment 19
(1) Any assessment of compensation made by the Land and Environment 20
Court under this Part: 21
(a) must be made in the manner prescribed by the regulations, and 22
(b) must not be made until notice in the approved form: 23
(i) has been published in appropriate newspapers, or 24
(ii) has been served on each person who appears to the Court 25
to be interested in the assessment, and 26
(c) must not exceed the market value of the land and the buildings, 27
structures and works situated on the land. 28
(2) In making an assessment of compensation, the Land and Environment 29
Court: 30
(a) may make the assessment at any time and at any place, and 31
(b) may make the assessment in the absence of any person who 32
appears to be interested in the assessment, if the Court is satisfied 33
that the person has been notified in accordance with 34
subsection (1) (b) (ii), and 35
(c) may adjourn the hearing of the matter to any time and any place, 36
subject to such terms as to costs or otherwise as the Court 37
thinks fit. 38
Page 71
Clause 154 Greenhouse Gas Storage Bill 2010
Part 11 Compensation
(3) Any compensation agreed on or determined under Subdivision M or P 1
of Division 3 or Division 5 of Part 2 of the Native Title Act 1993 of the 2
Commonwealth for essentially the same act as an act in respect of which 3
compensation is to be assessed under this Division must be taken into 4
account in the assessment of compensation for the act under 5
this Division. 6
154 Additional assessment 7
(1) If, after an assessment of compensation has been made, it is proved to 8
the satisfaction of the Land and Environment Court that further 9
compensable loss has been caused, or is likely to be caused, in respect 10
of the land to which the assessment relates, or to other land, the Court 11
must, on the application of any of the parties concerned, assess that loss 12
and order that the amount so assessed be paid by the holder of the 13
greenhouse gas authority to which the assessment relates, within the 14
time and to the persons specified in the order. 15
(2) If it is proved to the satisfaction of the Land and Environment Court: 16
(a) that an access arrangement does not make provision for or with 17
respect to compensation, and 18
(b) that compensable loss has been caused, or is likely to be caused, 19
in respect of the land to which the arrangement relates, 20
the Court must, on the application of any of the parties concerned, 21
assess that loss and order that the amount so assessed be paid by the 22
holder of the greenhouse gas authority to which the assessment relates, 23
within the time and to the persons specified in the order. 24
(3) If it is proved to the satisfaction of the Land and Environment Court: 25
(a) that the whole of the amount assessed by or in accordance with 26
an access arrangement determined by an arbitrator under 27
Division 3 of Part 8 has been paid in accordance with the 28
arrangement, and 29
(b) that further compensable loss has been caused, or is likely to be 30
caused, in respect of the land to which the assessment relates or 31
to other land, 32
the Court must, on the application of any of the parties concerned, 33
assess that loss and order that the amount so assessed be paid by the 34
holder of the greenhouse gas authority to which the assessment relates, 35
within the time and to the persons specified in the order. 36
(4) The Land and Environment Court's decision on an application under 37
this section has the same effect as an assessment of compensation. 38
Page 72
Greenhouse Gas Storage Bill 2010 Clause 155
Compensation Part 11
(5) In making an assessment of compensation, the Land and Environment 1
Court must have regard to: 2
(a) any previous compensation agreement between the parties under 3
this Part, and 4
(b) any current or previous access arrangement between the parties 5
that has been determined, or is taken to have been determined, by 6
an arbitrator under Division 3 of Part 8, and 7
(c) any previous assessment of compensation payable to the owner, 8
with respect to the land to which the current assessment relates. 9
155 Directions to furnish names and addresses of interested persons 10
(1) If the Land and Environment Court considers that an owner of any land 11
may be entitled to compensation under this Part, the Court may, by 12
instrument in writing served on the holder of the greenhouse gas 13
authority concerned, direct the holder to notify the Court of the name 14
and address of the owner. 15
(2) An instrument served under this section must specify a date on or before 16
which compliance with the direction contained in the instrument is 17
required. 18
Page 73
Clause 156 Greenhouse Gas Storage Bill 2010
Part 12 Powers of enforcement
Part 12 Powers of enforcement 1
Division 1 Powers of Director-General 2
156 Directions generally 3
(1) The Director-General may, by order in writing served on the holder of 4
a greenhouse gas authority, direct the holder to do any one or more of 5
the following: 6
(a) to give effect to a condition of a greenhouse gas authority (except 7
a condition requiring payment of royalty or provision or 8
maintenance of a security deposit), 9
(b) to address any adverse impact that activities carried out under, or 10
purportedly carried out under, a greenhouse gas authority have 11
had on public health and safety or on the environment, 12
(c) to address a risk of there being such an impact, 13
(d) to conserve the environment, protect it from harm as a result of 14
activities under the authority or to prevent, control or mitigate 15
any such harm, 16
(e) to rehabilitate any land or water that is or may be affected by 17
activities under the authority. 18
(2) The order may require the holder of the greenhouse gas authority to 19
carry out or stop carrying out particular activities, carry out activities in 20
a particular manner or achieve specified outcomes, within such period 21
as is specified in the order. 22
(3) In this section: 23
(a) a reference to a greenhouse gas authority extends to a greenhouse 24
gas authority that is no longer in force, and 25
(b) a reference to the holder of a greenhouse gas authority extends, 26
in relation to a greenhouse gas authority that is no longer in force, 27
to the person who was the holder of that authority immediately 28
before it ceased to be in force. 29
157 Directions regarding serious situations 30
(1) On receiving a notice under section 47 from the holder of an injection 31
lease, or if otherwise satisfied that a serious situation has arisen in 32
connection with an injection lease, the Director-General may, by order 33
in writing served on the holder, direct the holder to take such action, or 34
to refrain from taking such action, as is specified in the direction. 35
Page 74
Greenhouse Gas Storage Bill 2010 Clause 158
Powers of enforcement Part 12
(2) Without limiting subsection (1), an order under that subsection may 1
include one or more of the following: 2
(a) a direction to inject greenhouse gases into the leased reservoir at 3
specified locations, 4
(b) a direction to stop or suspend the injection of greenhouse gases 5
into the leased reservoir, either generally or at specified locations, 6
(c) a direction to inject greenhouse gases into the leased reservoir in 7
a specified manner. 8
158 Directions to suspend operations 9
(1) The Director-General may, by order in writing served on the holder of 10
a greenhouse gas authority (a suspension order), direct the holder to 11
suspend (by such time, and for such period, as is specified in the order) 12
all or any activities under the authority if the Director-General considers 13
that there has been a contravention of: 14
(a) a direction under section 156 or 157 in relation to the authority, or 15
(b) a condition of the authority (including a condition requiring the 16
payment of royalty or provision or maintenance of a security 17
deposit), or 18
(c) the terms of an access arrangement in relation to the authority, or 19
(d) the terms of an agreement or assessment under Part 11 20
concerning the payment of compensation in relation to the 21
authority. 22
(2) Before making a suspension order, the Director-General: 23
(a) must cause written notice of the proposed suspension order and 24
the grounds for it to be served on the holder of the authority, and 25
(b) must give the holder a reasonable opportunity to make 26
representations with respect to the proposed suspension order, 27
and 28
(c) must take any such representations into consideration. 29
(3) The suspension order takes effect on the date on which it is served on 30
the holder of the authority. 31
(4) The suspension of the authority does not affect any liability incurred by 32
the holder of the authority before the suspension order took effect. 33
(5) The holder of a greenhouse gas authority is not entitled to compensation 34
merely because of the suspension of operations under the authority in 35
accordance with a suspension order. 36
Page 75
Clause 159 Greenhouse Gas Storage Bill 2010
Part 12 Powers of enforcement
159 Director-General may step in if direction not complied with 1
(1) If the holder of a greenhouse gas authority fails to comply with a 2
direction under this Division in relation to any action that it requires to 3
be taken, the Director-General may take whatever action is necessary to 4
give effect to the terms of the direction. 5
(2) Any expense incurred by the Director-General in taking action under 6
subsection (1) may be recovered in a court of competent jurisdiction as 7
a debt due to the Crown from the holder of the greenhouse gas authority. 8
Division 2 Powers of inspectors 9
160 Purposes for which powers under Division may be exercised 10
Powers may be exercised under this Division for the following 11
purposes: 12
(a) for determining whether there has been compliance with or a 13
contravention of this Act or the regulations or any greenhouse gas 14
authority, direction, notice or order issued or made under 15
this Act, 16
(b) for obtaining information or records for purposes connected with 17
the administration of this Act, 18
(c) generally for administering this Act. 19
161 Powers to enter premises 20
(1) An inspector may at any time enter: 21
(a) any premises at which the inspector reasonably suspects that any 22
prospecting work, injection work or monitoring work has been, is 23
being or is about to be carried out, and 24
(b) any premises that the inspector reasonably suspects have been, 25
are being or are likely to be affected by prospecting work, 26
injection work or monitoring work, and 27
(c) any premises where the inspector reasonably suspects that 28
documents that relate to any work or activities referred to in 29
paragraph (a) or (b) are kept, and 30
(d) any premises where any plant, vehicle or thing referred to in 31
section 164 is located. 32
(2) The power to enter premises authorises entry by foot or by means of a 33
motor vehicle or other vehicle, or by an aircraft, or in any other manner. 34
(3) Entry may be effected with the aid of such police officers or other 35
inspectors as the inspector considers necessary, and with the use of 36
reasonable force. 37
Page 76
Greenhouse Gas Storage Bill 2010 Clause 162
Powers of enforcement Part 12
(4) Entry may be effected to any premises with the authority of a search 1
warrant under section 162. 2
(5) Entry may not be effected to any part of premises used only for 3
residential purposes except with: 4
(a) the permission of the occupier, or 5
(b) the authority of a search warrant under section 162. 6
162 Search warrants 7
(1) An inspector may apply to an authorised officer within the meaning of 8
the Law Enforcement (Powers and Responsibilities) Act 2002 for the 9
issue of a search warrant if the inspector suspects on reasonable grounds 10
that: 11
(a) a provision of this Act or the regulations is being or has been 12
contravened at any premises, or 13
(b) there is in or on any premises any matter or thing that is 14
connected with an offence against this Act or the regulations. 15
(2) An authorised officer within the meaning of the Law Enforcement 16
(Powers and Responsibilities) Act 2002 to whom an application is made 17
may, if satisfied that there are reasonable grounds for doing so, issue a 18
search warrant authorising an inspector named in the warrant: 19
(a) to enter the premises, and 20
(b) to exercise any function of an inspector under this Division. 21
(3) Division 4 of Part 5 of the Law Enforcement (Powers and 22
Responsibilities) Act 2002 applies to a search warrant issued under this 23
section. 24
(4) In this section: 25
matter or thing connected with an offence means: 26
(a) a matter or thing with respect to which the offence has been 27
committed, or 28
(b) a matter or thing that will afford evidence of the commission of 29
an offence, or 30
(c) a matter or thing that was used, or is intended to be used, for the 31
purpose of committing the offence. 32
offence includes an offence that there are reasonable grounds for 33
suspecting has been, or is to be, committed. 34
Page 77
Clause 163 Greenhouse Gas Storage Bill 2010
Part 12 Powers of enforcement
163 Powers exercisable in entered premises 1
(1) An inspector may, at any premises lawfully entered, do anything that in 2
the opinion of the inspector is necessary to be done for the purposes of 3
this Division, including (but not limited to) the things specified in 4
subsection (2). 5
(2) An inspector may do any or all of the following: 6
(a) take and remove samples, 7
(b) make such examinations, inquiries and tests as the inspector 8
considers necessary, 9
(c) take such photographs, films, audio, video and other recordings 10
as the inspector considers necessary, 11
(d) examine and inspect any records, 12
(e) take extracts from, or a copy of, any records, 13
(f) seize anything that the inspector has reasonable grounds for 14
suspecting is connected with an offence against this Act or the 15
regulations, 16
(g) for the purposes of paragraph (f), direct the occupier of the 17
premises where the thing is seized to retain it at those premises or 18
at another place under the control of the occupier, 19
(h) do any other thing the inspector is empowered to do under 20
this Division. 21
(3) The power to seize anything connected with an offence includes a 22
power to seize: 23
(a) a thing with respect to which the offence has been committed, 24
and 25
(b) a thing that will afford evidence of the commission of the 26
offence, and 27
(c) a thing that was used for the purpose of committing the offence. 28
164 Powers to inspect and test plant, vehicles etc 29
(1) For the purposes of this Division, an inspector may inspect and test any 30
plant, vehicle or other thing of any description. 31
(2) The inspector may, for the purposes of any such inspection or testing: 32
(a) enter the plant, vehicle or thing, and 33
(b) operate the plant, vehicle or thing, and 34
(c) inspect or test any substance found in or on, or in a container that 35
is in or on, the plant, vehicle or thing, and 36
(d) take a sample of any such substance for testing. 37
Page 78
Greenhouse Gas Storage Bill 2010 Clause 165
Powers of enforcement Part 12
165 Inspectors may be accompanied by assistants 1
A person may accompany an inspector and take all reasonable steps to 2
assist the inspector in the exercise of his or her functions under this 3
Division if the inspector is of the opinion that the person is capable of 4
providing assistance to the inspector in the exercise of those functions. 5
166 Care to be taken 6
(1) In the exercise of a power of entering or searching premises under this 7
Division, an inspector must do as little damage as possible. 8
(2) The Crown is to compensate all interested parties for any damage 9
caused by an inspector, or any person accompanying an inspector, in 10
exercising a power under this Division unless the occupier obstructed or 11
hindered the inspector in the exercise of that power. 12
167 Owners and occupiers to render assistance 13
For the purpose of enabling an inspector to exercise the powers 14
conferred by this Division, the Director-General may, by order in 15
writing served on the owner or occupier of the premises, require the 16
owner or occupier to provide such reasonable assistance and facilities 17
as are specified in the order within such time, and in such manner, as is 18
so specified. 19
168 Power to require provision of information and records 20
(1) An inspector may, by order in writing served on a person, require the 21
person to furnish to the inspector such information or records (or both) 22
as are specified in the order in connection with any matter relating to the 23
administration of this Act. 24
(2) The order must specify the manner in which the information or records 25
are required to be furnished and a reasonable time by which the 26
information or records are required to be furnished. 27
(3) If a record required to be furnished under the order is in electronic, 28
mechanical or other form, the order requires the record to be furnished 29
in written form, unless the order otherwise provides. 30
(4) The order may only require a person to furnish existing records that are 31
in the person's possession or that are within the person's power to 32
obtain lawfully. 33
(5) The inspector to whom a record is furnished under the order may take 34
copies of the record. 35
Page 79
Clause 169 Greenhouse Gas Storage Bill 2010
Part 12 Powers of enforcement
169 Revocation or variation of orders 1
An order made by an inspector under this Division may be revoked or 2
varied by the Director-General, by the inspector who gave the order or 3
by any other inspector. 4
Page 80
Greenhouse Gas Storage Bill 2010 Clause 170
Offences Part 13
Part 13 Offences 1
Division 1 Indictable offences 2
170 Interference or damage to injection plant or monitoring plant 3
A person who interferes with or damages any injection plant or 4
monitoring plant located on an injection site or monitoring site is guilty 5
of an offence. 6
Maximum penalty: 7
(a) 2,500 penalty units for an offence committed by a corporation, or 8
(b) 500 penalty units or imprisonment for 5 years, or both, for an 9
offence committed by a natural person, 10
and, in the case of a continuing offence, a further penalty of 50 penalty 11
units for each day that the offence continues. 12
171 Interference with injection work or monitoring work 13
A person who interferes with any injection or monitoring work that is 14
being carried on at an injection site or monitoring site is guilty of an 15
offence. 16
Maximum penalty: 17
(a) 2,500 penalty units for an offence committed by a corporation, or 18
(b) 500 penalty units or imprisonment for 5 years, or both, for an 19
offence committed by a natural person, 20
and, in the case of a continuing offence, a further penalty of 50 penalty 21
units for each day that the offence continues. 22
172 Failure to report serious situation 23
(1) A person by whom a notice is required to be given under section 47 is 24
guilty of an offence if, without reasonable excuse, the person fails to 25
give such notice. 26
(2) A person to whom a direction is given under section 157 is guilty of an 27
offence if, without reasonable excuse, the person fails to comply with 28
the requirements of the direction. 29
Maximum penalty for an offence against this section: 30
(a) 10,000 penalty units for an offence committed by a corporation, 31
or 32
(b) 2,000 penalty units or imprisonment for 7 years, or both, for an 33
offence committed by a natural person, 34
and, in the case of a continuing offence, a further penalty of 200 penalty 35
units for each day that the offence continues. 36
Page 81
Clause 173 Greenhouse Gas Storage Bill 2010
Part 13 Offences
Division 2 Summary offences 1
173 Unauthorised prospecting work 2
A person who carries out prospecting work on any land, otherwise than 3
pursuant to a greenhouse gas authority that is in force in respect of that 4
land, is guilty of an offence. 5
Maximum penalty: 6
(a) 1,000 penalty units for an offence committed by a corporation, or 7
(b) 200 penalty units or imprisonment for 2 years, or both, for an 8
offence committed by a natural person, 9
and, in the case of a continuing offence, a further penalty of 20 penalty 10
units for each day that the offence continues. 11
174 Contravention of condition of authority 12
(1) The holder of a greenhouse gas authority is guilty of an offence if any 13
condition of the authority is contravened. 14
Maximum penalty: 15
(a) 1,000 penalty units for an offence committed by a corporation, or 16
(b) 200 penalty units for an offence committed by a natural person, 17
and, in the case of a continuing offence, a further penalty of: 18
(c) 100 penalty units for an offence committed by a corporation, or 19
(d) 20 penalty units for an offence committed by a natural person, 20
for each day that the offence continues. 21
(2) In any proceedings for an offence against this section, it is a defence if 22
the holder satisfies the court that: 23
(a) the contravention of the condition was by, or caused by, another 24
person, and 25
(b) the other person was not associated with the holder at the time the 26
condition was contravened, and 27
(c) the holder took all reasonable steps to prevent the contravention 28
of the condition. 29
(3) A person is associated with the holder for the purposes of 30
subsection (2) (b) (but without limiting any other circumstances of 31
association) if the person is an employee, agent, licensee, contractor or 32
subcontractor of the holder. 33
(4) In any proceedings for an offence against this section, it is a defence if 34
the defendant satisfies the court that the conduct constituting the 35
contravention was reasonably necessary in order for the defendant to 36
comply with: 37
Page 82
Greenhouse Gas Storage Bill 2010 Clause 175
Offences Part 13
(a) some other condition of a greenhouse gas authority, or 1
(b) an order or direction (of which the Director-General was given 2
notice before the acts or omissions occurred) issued under: 3
(i) the Environmental Planning and Assessment Act 1979, or 4
(ii) the Mine Health and Safety Act 2004, or 5
(iii) the Occupational Health and Safety Act 2000, or 6
(iv) the Protection of the Environment Operations Act 1997, or 7
(c) a direction under this Act. 8
175 Prospecting work etc not carried out in accordance with access 9
arrangement 10
The holder of a greenhouse gas authority must not carry out prospecting 11
work on any land otherwise than in accordance with an access 12
arrangement. 13
Maximum penalty: 14
(a) 500 penalty units for an offence committed by a corporation, or 15
(b) 100 penalty units for an offence committed by a natural person, 16
and, in the case of a continuing offence, a further penalty of 10 penalty 17
units for each day that the offence continues. 18
176 Failure to pay royalty 19
A person who fails to pay royalty as required by Part 10 is guilty of an 20
offence. 21
Maximum penalty: 22
(a) 1,000 penalty units in the case of an offence committed by a 23
corporation, or 24
(b) 200 penalty units or imprisonment for 12 months, or both, in the 25
case of an offence committed by a natural person, 26
and, in the case of a continuing offence, a further penalty of 20 penalty 27
units for each day that the offence continues. 28
177 Failure to comply with directions 29
A person to whom a direction is given under this Act (other than a 30
direction under section 157) is guilty of an offence if, without 31
reasonable excuse, the person fails to comply with the requirements of 32
the direction. 33
Maximum penalty: 34
(a) 1,000 penalty units for an offence committed by a corporation, or 35
(b) 200 penalty units for an offence committed by a natural person, 36
Page 83
Clause 178 Greenhouse Gas Storage Bill 2010
Part 13 Offences
and, in the case of a continuing offence, a further penalty of 20 penalty 1
units for each day that the offence continues. 2
Note. Failure to comply with a direction under section 157 constitutes an 3
indictable offence under section 172 (2). 4
178 Offences regarding mandatory audits 5
(1) A person who provides information to an auditor in connection with a 6
mandatory audit, knowing the information to be false or misleading in 7
a material respect, is guilty of an offence. 8
(2) The holder of a greenhouse gas authority who fails to provide 9
information to an auditor in connection with a mandatory audit being 10
carried out in relation to the authority, knowing the information to be 11
materially relevant to the audit, is guilty of an offence. 12
(3) An auditor who includes information in an audit report produced to the 13
Director-General in connection with a mandatory audit, knowing the 14
information to be false or misleading in a material respect, is guilty of 15
an offence. 16
(4) An auditor who fails to provide information in an audit report produced 17
to the Director-General in connection with a mandatory audit, knowing 18
the information to be materially relevant to the audit, is guilty of an 19
offence. 20
(5) The holder of a greenhouse gas authority who: 21
(a) fails to retain any written documentation required to be prepared 22
by the holder in connection with a mandatory audit for a period 23
of at least 5 years after the audit report concerned was produced 24
to the Director-General (or such other period as is prescribed by 25
the regulations), or 26
(b) fails to produce during that period any such documentation to the 27
Director-General on request, 28
is guilty of an offence. 29
Maximum penalty for an offence against this section: 30
(a) 1,000 penalty units for an offence committed by a corporation, or 31
(b) 200 penalty units for an offence committed by a natural person. 32
Page 84
Greenhouse Gas Storage Bill 2010 Clause 179
Offences Part 13
179 Failure to comply with orders by inspectors 1
(1) A person on whom an order is served under section 168 is guilty of an 2
offence if, without reasonable excuse, the person fails to comply with 3
the requirements of the order. 4
Maximum penalty: 5
(a) 1,000 penalty units for an offence committed by a corporation, or 6
(b) 200 penalty units for an offence committed by a natural person, 7
and, in the case of a continuing offence, a further penalty of 20 penalty 8
units for each day that the offence continues. 9
(2) A person is not guilty of an offence of failing to comply with a 10
requirement of the order to furnish information or records unless the 11
person was warned on that occasion that a failure to comply is an 12
offence. 13
(3) A person is not excused from a requirement of the order to furnish 14
information or records on the ground that the information or record 15
might incriminate the person. 16
180 Obstruction of inspectors 17
A person must not, without reasonable excuse, obstruct, hinder or resist 18
an inspector while the inspector is exercising a function under this Act 19
or the regulations. 20
Maximum penalty: 200 penalty units. 21
181 Impersonation of inspectors 22
A person who impersonates an inspector is guilty of an offence. 23
Maximum penalty: 200 penalty units. 24
182 Obstruction of holder of authority 25
A person must not, without reasonable excuse, prevent the holder of a 26
greenhouse gas authority from doing anything that the holder is 27
authorised by this Act to do. 28
Maximum penalty: 200 penalty units. 29
183 Provision of false or misleading information 30
(1) A person must not: 31
(a) in or in connection with an application under this Act, or 32
Page 85
Clause 183 Greenhouse Gas Storage Bill 2010
Part 13 Offences
(b) in purported compliance with any requirement under this Act 1
(including a condition of a greenhouse gas authority), 2
furnish information that the person knows to be false or misleading in a 3
material particular. 4
Maximum penalty: 200 penalty units. 5
(2) This section does not limit the operation of Part 5A of the Crimes Act 6
1900. 7
Page 86
Greenhouse Gas Storage Bill 2010 Clause 184
egal proceedings Part 14
Part 14 Legal proceedings 1
Division 1 Legal proceedings generally 2
184 Proceedings for offences 3
(1) Proceedings for an offence arising under Division 1 of Part 13 are to be 4
dealt with on indictment. 5
Note. Chapter 5 of the Criminal Procedure Act 1986 enables indictable offences 6
to be dealt with summarily following an election by the prosecutor or defendant. 7
(2) Proceedings for an offence against this Act or the regulations (other 8
than an offence arising under Division 1 of Part 13) are to be disposed 9
of summarily: 10
(a) by the Local Court, or 11
(b) by the Land and Environment Court in its summary jurisdiction. 12
(3) Proceedings for an offence against this Act or the regulations may be 13
commenced at any time within, but not later than, 3 years after the date 14
on which the offence is alleged to have been committed. 15
(4) Proceedings for an offence against this Act or the regulations may also 16
be commenced at any time within, but not later than, 3 years after the 17
date on which evidence of the alleged offence first came to the attention 18
of any relevant Departmental officer. 19
(5) If subsection (4) is relied on for the purpose of commencing 20
proceedings for an offence, the process by which the proceedings are 21
commenced must contain particulars of the date on which evidence of 22
the offence first came to the attention of any relevant Departmental 23
officer and need not contain particulars of the date on which the offence 24
was committed. 25
(6) The date on which evidence first came to the attention of any relevant 26
Departmental officer is the date specified in the process by which the 27
proceedings are commenced, unless the contrary is established. 28
(7) Subsections (3)-(6) do not apply to proceedings for an offence arising 29
under Division 1 of Part 13 unless the offence is being dealt with 30
summarily. 31
(8) The maximum monetary penalty that may be imposed by the Local 32
Court in proceedings for an offence against this Act or the 33
regulations is: 34
(a) the lesser of the following: 35
(i) 200 penalty units, 36
(ii) the maximum monetary penalty specified in respect of the 37
offence, and 38
Page 87
Clause 185 Greenhouse Gas Storage Bill 2010
Part 14 Legal proceedings
(b) in the case of a continuing offence, 10 per cent of the further 1
monetary penalty specified in respect of the offence for each day 2
the offence continues. 3
(9) The maximum penalty that may be imposed by the Land and 4
Environment Court in proceedings for an offence against this Act or the 5
regulations is the maximum penalty specified in respect of the offence. 6
(10) In this section, evidence of an offence means evidence of any conduct 7
constituting the offence. 8
185 Considerations in imposing penalty for "serious situation" offences 9
(1) In imposing a penalty for an offence against section 172, the court is to 10
take into consideration the following (so far as they are relevant): 11
(a) the extent of the harm caused or likely to be caused to the 12
environment by the commission of the offence, 13
(b) the practical measures that may be taken to prevent, control, 14
abate or mitigate that harm, 15
(c) the extent to which the person who committed the offence could 16
reasonably have foreseen the harm caused or likely to be caused 17
to the environment by the commission of the offence, 18
(d) the extent to which the person who committed the offence had 19
control over the causes that gave rise to the offence, 20
(e) whether, in committing the offence, the person was complying 21
with orders from an employer or supervising employee. 22
(2) The court may take into consideration other matters that it considers 23
relevant. 24
186 Offences by corporations 25
(1) If a corporation contravenes, whether by act or omission, any provision 26
of this Act or the regulations, each person who is a director of the 27
corporation or who is concerned in the management of the corporation 28
is taken to have contravened the same provision if the person knowingly 29
authorised or permitted the contravention. 30
(2) A person may be proceeded against and convicted under a provision 31
pursuant to subsection (1) whether or not the corporation has been 32
proceeded against or has been convicted under the provision. 33
(3) Nothing in this section affects any liability imposed on a corporation for 34
an offence committed by the corporation under this Act or the 35
regulations. 36
Page 88
Greenhouse Gas Storage Bill 2010 Clause 187
egal proceedings Part 14
187 Defence of reasonable excuse 1
In any proceedings for an offence against this Act or the regulations, the 2
burden of establishing a reasonable excuse lies on the defendant. 3
188 Self-incriminating information 4
A person is not excused from providing information or producing a 5
document pursuant to a requirement under this Act on the ground that 6
to do so may tend to incriminate the person, but any information so 7
furnished or document so produced is not admissible in evidence 8
against the person in any criminal proceedings other than proceedings 9
for an offence under section 183 or under Part 5A of the Crimes Act 10
1900. 11
189 Penalty notices for certain offences 12
(1) In this section: 13
penalty notice means a notice to the effect that, if the person served with 14
the notice does not wish to have an alleged offence dealt with by a court, 15
the person may pay, in accordance with the notice, the penalty specified 16
in the notice. 17
penalty notice offence means an offence against this Act or the 18
regulations that is declared by the regulations to be a penalty notice 19
offence. 20
(2) A Departmental officer may serve a penalty notice on a person who 21
appears to have committed a penalty notice offence. 22
(3) The amount of the penalty to be specified in a penalty notice is the 23
amount prescribed by the regulations for the alleged offence, being an 24
amount not exceeding the maximum penalty which could be imposed 25
for the offence by a court. 26
(4) A penalty notice may be served personally or by post. 27
(5) If the amount of the penalty prescribed by the regulations for an alleged 28
offence is paid under this section, no person is liable to any further 29
proceedings for the alleged offence. 30
(6) Payment of a penalty under this section is not to be regarded as an 31
admission of liability for the purposes of, nor is in any way to affect or 32
prejudice, any civil claim, action or proceeding arising out of the same 33
occurrence. 34
(7) The Minister may withdraw a penalty notice at any time within 28 days 35
after the date on which it was served and, in that event: 36
(a) the amount payable under the notice ceases to be payable, and 37
Page 89
Clause 190 Greenhouse Gas Storage Bill 2010
Part 14 Legal proceedings
(b) any amount that has been paid under the notice is repayable to the 1
person by whom it was paid, and 2
(c) further proceedings for the offence in respect of which the notice 3
was served may be taken against any person (including the 4
person on whom the notice was served) as if the notice had never 5
been served. 6
(8) This section does not limit the operation of any other provision of this 7
or any other Act or law in relation to proceedings that may be taken in 8
respect of offences. 9
190 Continuing offences 10
(1) A person who is guilty of an offence arising from the contravention of 11
a requirement imposed by or under this Act or the regulations: 12
(a) remains liable to comply with the requirement until it is complied 13
with, even if the time for compliance has passed, and 14
(b) is guilty of a continuing offence for each day the contravention 15
continues. 16
(2) If the requirement arises under a direction under this Act or the 17
regulations, this section ceases to apply if the direction is revoked. 18
191 Legal proceedings do not affect, and are unaffected by, other action 19
The prosecution of a person for an offence against this Act or the 20
regulations, or the issue of a penalty notice in respect of such an offence, 21
does not affect, and is unaffected by, any other action taken under this 22
Act in relation to the conduct giving rise to the offence. 23
192 Evidentiary certificates 24
(1) A certificate that is issued by the Director-General and that states that, 25
on a date or during a period specified in the certificate: 26
(a) a specified person was, or was not, the holder of a specified 27
greenhouse gas authority, or 28
(b) specified land was, or was not, the subject of a specified 29
greenhouse gas authority, or 30
(c) the conditions of a specified greenhouse gas authority were, or 31
were not, as so specified, or 32
(d) an amount of royalty or interest so specified was payable under 33
Part 10 by a person so specified, or 34
(e) a specified person was, or was not, a Departmental officer, or 35
(f) a specified person was, or was not, an inspector, or 36
Page 90
Greenhouse Gas Storage Bill 2010 Clause 193
egal proceedings Part 14
(g) specified matters were, or were not, recorded in the Register of 1
Greenhouse Gas Authorities or the Register of Interests or were, 2
or were not, recorded in specified terms, or 3
(h) information required to be furnished to the Director-General 4
pursuant to this Act was, or was not, received, 5
is admissible in any legal proceedings and is evidence of the fact or facts 6
so stated. 7
(2) For the purposes of this section, a document purporting to be a 8
certificate under this section is, unless the contrary is proved, to be taken 9
to be such a certificate. 10
Division 2 Appeals and injunctions 11
193 Appeals 12
(1) The following appeals lie to the Land and Environment Court against 13
decisions made by the Minister: 14
(a) an appeal by an applicant for a greenhouse gas authority against 15
a decision refusing to grant the authority, 16
(b) an appeal by the holder of a greenhouse gas authority against a 17
decision refusing to renew the authority or to approve its transfer, 18
(c) an appeal by the holder of a greenhouse gas authority against a 19
decision imposing a condition on, or varying a condition of, the 20
authority, 21
(d) an appeal by the holder of an injection lease against a decision not 22
to issue a site closure certificate in relation to an injection site in 23
the injection lease area, 24
(e) an appeal by the holder of a greenhouse gas authority against a 25
decision cancelling the authority (otherwise than on the 26
application of the holder), 27
(f) an appeal by a person to whom a direction has been given under 28
Division 1 of Part 12 against the decision to give the direction, 29
(g) an appeal by a person who has suffered damage from the exercise 30
of a power of entry under Division 2 of Part 12 against a decision 31
as to the person's entitlement to compensation. 32
(2) An appeal is to be made in accordance with rules of court, but may not 33
be made more than 28 days after the date on which the decision was 34
made. 35
(3) A person who does not lodge an appeal within the 28-day period may 36
nevertheless lodge an appeal under this section, but the Land and 37
Environment Court is not to hear and dispose of the matter unless 38
Page 91
Clause 194 Greenhouse Gas Storage Bill 2010
Part 14 Legal proceedings
satisfied that there is good cause for the person's failure to lodge the 1
appeal within that period. 2
(4) The lodging of an appeal does not operate to stay action on the decision 3
appealed against, except to the extent that the Land and Environment 4
Court otherwise directs. 5
194 Injunctions to comply with directions under Division 1 of Part 12 6
On the application of the Minister, the Land and Environment Court 7
may grant an injunction directing any person to whom a direction has 8
been given under Division 1 of Part 12 to comply with the direction. 9
195 Orders to restrain breaches of this Act 10
(1) Any person may bring proceedings in the Land and Environment Court 11
for an order to remedy or restrain a breach of this Act or the regulations. 12
(2) Any such proceedings may be brought whether or not proceedings have 13
been instituted for an offence against this Act or the regulations. 14
(3) Any such proceedings may be brought whether or not any right of the 15
person has been or may be infringed by or as a consequence of the 16
breach. 17
(4) Any such proceedings may be brought by a person on the person's own 18
behalf or on behalf of another person (with his or her consent), or of a 19
body corporate or unincorporate (with the consent of its committee or 20
other controlling body), having like or common interests in those 21
proceedings. 22
(5) Any person on whose behalf proceedings are brought is entitled to 23
contribute to or provide for the payment of the legal costs and expenses 24
incurred by the person bringing the proceedings. 25
(6) If the Land and Environment Court is satisfied that a breach has been 26
committed or that a breach will, unless restrained by the order of the 27
Court, be committed, it may make such orders as it thinks fit to remedy 28
or restrain the breach. 29
(7) In this section, breach includes a threatened or apprehended breach. 30
Page 92
Greenhouse Gas Storage Bill 2010 Clause 196
egal proceedings Part 14
Division 3 Supplementary orders in connection with 1
offences 2
196 Definitions 3
In this Division: 4
costs includes expenses. 5
court, in relation to an offender, means the court that has found the 6
offender guilty of the offence referred to in the definition of offender. 7
offence means an offence against this Act or the regulations. 8
offender means a person whom a court has found guilty of an offence, 9
whether or not the person has been convicted of the offence. 10
197 Court orders generally 11
(1) One or more orders may be made under this Division against an 12
offender. 13
(2) Action may be made under this Division in addition to any other action 14
that may be taken under this Act in relation to the offence. 15
198 Court orders regarding costs of investigation 16
If it appears to the court that the Crown or a public authority has, during 17
the investigation of the offence, reasonably incurred costs: 18
(a) in taking any sample or conducting any inspection, test, 19
measurement or analysis, or 20
(b) in transporting, storing or disposing of evidence, 21
the court may order the offender to pay to the Crown or public authority 22
the costs so incurred in such amount as is fixed by the order. 23
199 Court orders regarding environmental damage 24
If, when it finds the offender guilty of the offence, it appears to the court 25
that: 26
(a) the Crown or a public authority has incurred costs in connection 27
with: 28
(i) the prevention, control, abatement or mitigation of any 29
harm to the environment caused by the commission of the 30
offence, or 31
(ii) making good any resulting environmental damage, or 32
(b) the Crown, a public authority or any other person: 33
(i) has suffered loss of or damage to property, or 34
Page 93
Clause 200 Greenhouse Gas Storage Bill 2010
Part 14 Legal proceedings
(ii) has incurred costs in preventing or mitigating, or in 1
attempting to prevent or mitigate, any such loss or damage, 2
because of the commission of the offence, 3
the court may order the offender to pay to the Crown, public authority 4
or person the costs so incurred, or compensation for the loss or damage 5
so suffered, in such amount as is fixed by the order. 6
200 Subsequent recovery of costs and compensation for environmental 7
damage 8
(1) If, after a court has found the offender guilty of the offence: 9
(a) the Crown or a public authority incurs costs in connection with: 10
(i) the prevention, control, abatement or mitigation of any 11
harm to the environment caused by the commission of the 12
offence, or 13
(ii) making good any resulting environmental damage, or 14
(b) the Crown, a public authority or any other person: 15
(i) suffers loss of or damage to property, or 16
(ii) incurs costs in preventing or mitigating, or in attempting to 17
prevent or mitigate, any such loss or damage, 18
because of the commission of the offence, 19
the Land and Environment Court may, on the application of the Crown, 20
public authority or person, order the offender to pay to the Crown, 21
public authority or person the costs so incurred, or compensation for the 22
loss or damage so suffered, in such amount as is fixed by the order. 23
(2) The Land and Environment Court may make such an order whether or 24
not it was the court that found the offender guilty of the offence. 25
201 Enforcement of court orders 26
(1) An order made by the Land and Environment Court under section 198, 27
199 or 200 is enforceable as if it were an order made by the Court in 28
Class 4 proceedings under the Land and Environment Court Act 1979. 29
(2) An order made by the Local Court under section 198 or 199 is 30
enforceable as if it were an order made by the Court when sitting in its 31
General Division within the meaning of the Local Court Act 2007. 32
(3) The Local Court may not make an order under section 198 or 199 for 33
the payment of an amount that exceeds its jurisdictional limit when 34
sitting in its General Division within the meaning of the Local Court 35
Act 2007. 36
Page 94
Greenhouse Gas Storage Bill 2010 Clause 202
egal proceedings Part 14
202 Court orders regarding other monetary benefits 1
(1) The Land and Environment Court may order the offender to pay, as an 2
additional penalty for committing the offence, an amount that the Court 3
is satisfied, on the balance of probabilities, represents the amount of any 4
monetary benefits acquired by the offender, or accrued or accruing to 5
the offender, as a result of the commission of the offence. 6
(2) The amount of an additional penalty for an offence is not subject to any 7
maximum amount of penalty provided elsewhere by or under this Act. 8
(3) In this section, monetary benefits includes financial or economic 9
benefits. 10
Note. As with any other monetary penalty, an additional penalty imposed under 11
this section is recoverable under the Fines Act 1996. 12
203 Additional court orders 13
(1) The court may do any one or more of the following: 14
(a) it may order the offender to take specified action to publicise, or 15
notify specified persons or classes of persons of: 16
(i) the offence (including the circumstances of the offence) 17
and its consequences, and 18
(ii) any orders made against the person (including, for 19
example, the publication in an annual report or any other 20
notice to shareholders of a company or the notification of 21
persons aggrieved or affected by the offender's conduct), 22
(b) it may order the offender to attend, or to cause an employee or 23
employees or a contractor or contractors of the offender to attend, 24
a training or other course specified by the court, 25
(c) it may order the offender to establish, for employees or 26
contractors of the offender, a training course of a kind specified 27
by the court, 28
(d) it may order the offender to pay any royalty that is due and 29
payable by the offender under this Act. 30
(2) In addition to any order it may make under subsection (1), the Land and 31
Environment Court may do any one or more of the following: 32
(a) it may order the offender to carry out a specified project for the 33
rehabilitation of any land that has been detrimentally affected 34
because of the commission of the offence, 35
(b) it may order the offender to carry out an audit of activities carried 36
on by the offender, 37
(c) it may order the offender, in proceedings to which the 38
Director-General is a party: 39
Page 95
Clause 203 Greenhouse Gas Storage Bill 2010
Part 14 Legal proceedings
(i) to carry out a specified work or program for the restoration 1
or enhancement of the environment, and 2
(ii) to provide to the Director-General and maintain a security 3
deposit, in such form and amount, and on such terms, as 4
are specified by the court. 5
(3) The court may, in an order under this section, fix a period for 6
compliance with the order and impose any other requirements the court 7
considers necessary or expedient for enforcement of the order. 8
(4) If the offender contravenes an order under subsection (1) (a), the 9
prosecutor or a person authorised by the prosecutor may take action to 10
carry out the order as far as may be practicable, including action to 11
publicise or notify: 12
(a) the original contravention, its environmental and other 13
consequences, and any other penalties imposed on the offender, 14
and 15
(b) the contravention of the order. 16
(5) The reasonable cost incurred by a person in taking any action referred 17
to in subsection (4) is recoverable, in a court of competent jurisdiction, 18
as a debt due to the person from the offender. 19
(6) Sections 140 and 141 apply with respect to a security deposit provided 20
under an order referred to in subsection (2) (c) (ii) as if it were provided 21
under a security deposit condition. 22
Page 96
Greenhouse Gas Storage Bill 2010 Clause 204
Administration Part 15
Part 15 Administration 1
204 Establishment of Greenhouse Gas Safety Fund 2
(1) There is to be established in the Special Deposits Account a fund called 3
the Greenhouse Gas Safety Fund. 4
(2) The Fund is to be administered by the Director-General. 5
(3) There are to be paid into the Fund: 6
(a) all contributions paid to the Director-General in accordance with 7
a condition imposed on an injection licence by section 38, and 8
(b) all amounts appropriated by Parliament for the purposes of the 9
Fund, and 10
(c) all proceeds from the investment of money in the Fund, and 11
(d) all other money required to be paid into the Fund by or under this 12
or any other Act or the regulations under this Act. 13
(4) The following is to be paid out of the Fund: 14
(a) all amounts that are required to meet any expenditure incurred by 15
the Department in monitoring greenhouse gases that are stored in 16
approved reservoirs, 17
(b) all amounts that are required to meet any expenditure incurred by 18
the Department in maintaining and operating monitoring plant 19
that has become vested in the Ministerial Corporation pursuant to 20
section 53, 21
(c) all amounts that are required to meet any liability incurred by the 22
Crown under section 54 (1) (b), 23
(d) all amounts that are required to meet any expenditure incurred by 24
the Director-General in taking action under section 159, 25
(e) all amounts that are required to meet any expenditure incurred by 26
the Ministerial Corporation in acquiring land pursuant to 27
section 211, 28
(f) all amounts that are required to meet any expenditure incurred by 29
the Crown in administering the Fund, 30
(g) all other amounts directed or authorised to be paid from the Fund 31
by this Act or the regulations. 32
(5) The Director-General may, on behalf of the Department, invest money 33
in the Fund: 34
(a) in such manner as may be authorised by the Public Authorities 35
(Financial Arrangements) Act 1987, or 36
Page 97
Clause 205 Greenhouse Gas Storage Bill 2010
Part 15 Administration
(b) if that Act does not confer power on the Department to invest the 1
money, in any other manner approved by the Treasurer. 2
(6) The assets of the Fund may not be applied for the purpose of enabling 3
any payment as a dividend to the credit of the Consolidated Fund nor 4
can they be applied for any purpose by any other Act. 5
205 Arbitration Panel 6
(1) There is to be an Arbitration Panel. 7
(2) The Arbitration Panel is to consist of one or more members appointed 8
by the Minister after consultation with the Minister for Aboriginal 9
Affairs and the Minister for Primary Industries. 10
(3) The conditions on which a member of the Arbitration Panel holds office 11
(including conditions relating to remuneration and travelling and 12
subsistence allowances) are to be as determined by the Minister. 13
206 Expert advisory panels 14
(1) The Minister may appoint expert advisory panels for the purpose of 15
this Act. 16
(2) An expert advisory panel is to consist of such persons as, in the opinion 17
of the Minister, have the qualifications and expertise appropriate to the 18
matters proposed to be referred to it. 19
(3) The conditions on which a member of an expert advisory panel holds 20
office (including conditions relating to remuneration and travelling and 21
subsistence allowances) are to be as determined by the Minister. 22
(4) An expert advisory panel has the function of investigating, and 23
reporting to the Minister on, such of the following matters as are 24
referred to it for investigation and report: 25
(a) any proposal by the Minister to declare a geological formation to 26
be an approved reservoir, 27
(b) any proposal by the Minister to issue invitations for applications 28
for greenhouse gas authorities, 29
(c) any applications received by the Minister for the granting, 30
renewal or transfer of greenhouse gas authorities, 31
(d) any site plan, operational plan or site closure plan proposed or 32
approved in relation to an injection lease, 33
(e) any proposal by the Minister in relation to a serious situation that 34
has arisen, whether or not notice of the situation has been given 35
under section 47, 36
(f) any proposal by the Minister to amend an injection lease in 37
relation to the location of any injection site or monitoring site, 38
Page 98
Greenhouse Gas Storage Bill 2010 Clause 207
Administration Part 15
(g) any matter relating to the closing of an injection site, 1
(h) any other matter that the Minister considers appropriate to refer 2
to the panel for investigation and report. 3
(5) The regulations may make provision for or with respect to the procedure 4
to be followed by an expert advisory panel. 5
207 Appointment of inspectors 6
(1) The Director-General may appoint any Departmental officer as an 7
inspector for the purposes of this Act. 8
(2) An appointment may (but need not) be subject to conditions, limitations 9
or restrictions or may be for limited purposes only. 10
(3) If an appointment is subject to conditions, limitations or restrictions or 11
is for limited purposes only, nothing in this Act authorises or requires 12
the inspector to act in contravention of any such condition, limitation or 13
restriction or for any other purpose. 14
(4) Each inspector is to be provided with a card identifying him or her as an 15
inspector. 16
(5) In the course of exercising the functions of an inspector under this Act, 17
the inspector must, if requested to do so by any person affected by the 18
exercise of any such function, produce his or her identity card to the 19
person. 20
208 Delegation of functions 21
(1) The Minister may delegate any function exercisable by the Minister 22
under this Act (except this power of delegation) to the Director-General, 23
to any Departmental officer or to any other person belonging to a class 24
of persons prescribed by the regulations. 25
(2) The Director-General may delegate any function exercisable by the 26
Director-General under this Act (except this power of delegation and 27
any function delegated to the Director-General by the Minister) to any 28
Departmental officer or to any other person belonging to a class of 29
persons prescribed by the regulations. 30
(3) For the purposes of this section, a reference to a function under this Act 31
includes a reference to a function under the regulations or under the 32
conditions of a greenhouse gas authority. 33
Page 99
Clause 209 Greenhouse Gas Storage Bill 2010
Part 15 Administration
209 Resolution of disputes between public authorities 1
(1) Any dispute arising between two or more public authorities as to the 2
exercise of their functions under this Act is to be resolved: 3
(a) by agreement between the Ministers responsible for them, or 4
(b) if the dispute is between Ministers, by the Premier. 5
(2) Each public authority must comply with any directions arising out of the 6
resolution of the dispute under this section. 7
210 Constitution of Ministerial Corporation 8
(1) There is constituted by this Act a corporation with the corporate name 9
"Greenhouse Gas Storage Ministerial Corporation". 10
(2) The affairs of the Ministerial Corporation are to be managed by the 11
Minister. 12
(3) Any act, matter or thing done in the name of, or on behalf of, the 13
Ministerial Corporation by the Minister, or with the authority of the 14
Minister, is taken to have been done by the Ministerial Corporation. 15
(4) The Ministerial Corporation is, for the purposes of any Act, a statutory 16
body representing the Crown. 17
211 Acquisition of land 18
(1) The Ministerial Corporation may acquire land for the purposes of this 19
Act by agreement, or by compulsory process in accordance with the 20
Land Acquisition (Just Terms Compensation) Act 1991. 21
(2) Without limiting subsection (1), the Ministerial Corporation may 22
acquire: 23
(a) land on which any permanent monitoring plant is situated, and 24
(b) easements to facilitate access to any such land. 25
(3) For the purposes of the Public Works Act 1912, any such acquisition is 26
taken to be for an authorised work, and the Ministerial Corporation is, 27
in relation to that work, taken to be the Constructing Authority. 28
212 Preservation of records 29
(1) All records received by the Director-General under section 39 or 51 30
must be kept permanently, and must not be disposed of. 31
(2) Section 28 of the State Records Act 1998 does not apply to any record 32
received by the Director-General under section 39 or 51. 33
Note. Consequently, the records remain "in use" for the purposes of that Act, 34
and therefore the State Records Authority does not become entitled to their 35
control after 25 years (as would otherwise be the case). 36
Page 100
Greenhouse Gas Storage Bill 2010 Clause 213
Administration Part 15
(3) On the recommendation of an expert advisory panel, the 1
Director-General may, by order in writing, exclude specified records, or 2
specified classes of records, from the operation of this section. 3
213 Administration of Act in relation to native title 4
(1) For the purpose of administering this Act in relation to land in respect 5
of which native title exists, any native title holder of the land is taken to 6
have the same rights under this Act as an owner of the fee simple in the 7
land. 8
(2) If compensation is payable under section 24MD of the Native Title 9
Act 1993 of the Commonwealth in respect of an act attributable to the 10
Crown involving the grant or renewal of a greenhouse gas authority, the 11
holder of the authority at the time of the grant or renewal is declared, in 12
accordance with section 24MD (4) (b) (i) of that Act, to be liable to pay 13
the compensation. 14
214 Administration of Act in accordance with principles of ecologically 15
sustainable development 16
In the administration of this Act, regard is to be had to the principles of 17
ecologically sustainable development referred to in section 6 (2) of the 18
Protection of the Environment Administration Act 1991. 19
215 Annual report of Department 20
The annual report prepared for the Department under the Annual 21
Reports (Departments) Act 1985 is to include a report on the Minister's 22
work and activities under this Act for the period to which that report 23
relates, and may also include the annual report prepared for the 24
Ministerial Corporation under the Annual Reports (Statutory Bodies) 25
Act 1984. 26
Page 101
Clause 216 Greenhouse Gas Storage Bill 2010
Part 16 Miscellaneous
Part 16 Miscellaneous 1
216 Act binds Crown 2
This Act binds the Crown in right of New South Wales and, in so far as 3
the legislative power of Parliament permits, the Crown in all its other 4
capacities. 5
217 Fees and charges 6
(1) The Minister may impose fees and charges for the purposes of this Act. 7
(2) The Minister may waive, reduce or remit any such fee or charge in a 8
particular case or class of cases if the Minister is of the opinion that the 9
circumstances warrant it. 10
(3) Any fee or charge that is imposed by the Minister under this Act, and 11
that remains unpaid, is recoverable in any court of competent 12
jurisdiction as a debt due to the Crown. 13
(4) A fee or charge imposed by the Minister under this Act in relation to a 14
greenhouse gas authority may be recovered from the holder of the 15
authority who incurred the fee or charge or from the holder of the 16
authority for the time being. 17
218 Payment of compensation by Crown 18
Any amount that, under this Act, the Crown is liable to pay by way of 19
compensation is to be paid out of money appropriated by Parliament. 20
Note. See section 204 which enables money in the Greenhouse Gas Safety 21
Fund to be used to pay compensation for which the Ministerial Corporation 22
becomes liable as a consequence of acquiring land under section 211. 23
219 Service of documents 24
(1) A document may be served on a person: 25
(a) personally, or 26
(b) by leaving it at, or by sending it by post to, the person's 27
residential address or, in the case of a corporation, the address of 28
the corporation's registered office, or 29
(c) if it is impracticable for the document to be served on an owner 30
of land in the manner referred to in paragraph (a) or (b), by 31
affixing the document in a conspicuous position on the land. 32
(2) In the case of land that is owned or occupied by more than one person 33
or of a greenhouse gas authority that is held by more than one person, 34
service of a document on any one of them, or on any person duly 35
appointed by them for the purpose of accepting service of documents, is 36
taken to be service on all of them. 37
Page 102
Greenhouse Gas Storage Bill 2010 Clause 220
Miscellaneous Part 16
(3) This section does not limit any other manner in which a document may 1
be served. 2
220 Requirements for newspaper publication 3
A requirement of this Act that an order or notice be published in an 4
appropriate newspaper is taken to be a requirement that it be published 5
in a newspaper circulating throughout the State and: 6
(a) in a newspaper circulating throughout the area it affects, or 7
(b) in as many newspapers circulating throughout the various parts of 8
that area as are necessary to ensure that it reaches all parts of the 9
area. 10
221 Protection from personal liability 11
The conduct of any of the following persons: 12
(a) the Minister, the Director-General or a Departmental officer, 13
(b) any member of an expert advisory panel, 14
(c) any person acting under the direction of a person referred to in 15
paragraph (a) or (b), 16
does not subject any such person, personally, to any action, liability, 17
claim or demand if the act or omission that constitutes that conduct was 18
done, or omitted to be done, in good faith for the purpose of executing 19
this Act. 20
222 General immunity of owners 21
The owner of land in relation to which any other person (other than 22
another owner of the same land) is authorised to exercise any power or 23
right: 24
(a) by or under this Act or the regulations, or 25
(b) by any greenhouse gas authority, 26
is not subject to any action, liability, claim or demand arising as a 27
consequence of that other person's conduct in the exercise, or purported 28
exercise, of any such power or right. 29
223 Application of Protection of the Environment Operations Act 1997 30
For the purposes of the Protection of the Environment Operations 31
Act 1997: 32
(a) greenhouse gases are not waste while they are being dealt with by 33
the holder of an injection lease, and 34
(b) the injection of greenhouse gases into an approved reservoir by 35
the holder of an injection lease is not a scheduled activity, and 36
Page 103
Clause 224 Greenhouse Gas Storage Bill 2010
Part 16 Miscellaneous
(c) the injection of greenhouse gases into an approved reservoir by 1
the holder of an injection lease does not constitute the pollution 2
of land, 3
so long as the greenhouse gases are being dealt with or injected, as the 4
case may be, in accordance with the terms and conditions of the lease. 5
Note. If an approved reservoir contains water, the injection of greenhouse 6
gases into the reservoir may constitute pollution of water within the meaning of 7
the Protection of the Environment Operations Act 1997 and therefore require an 8
environment protection licence under that Act. 9
224 Application of Personal Property Securities Act 2009 (Cth) 10
A greenhouse gas authority is declared not to be personal property for 11
the purposes of the Personal Property Securities Act 2009 of the 12
Commonwealth. 13
Note. The Personal Property Securities Act 2009 of the Commonwealth does 14
not apply in relation to a right, licence or authority granted by or under a law of 15
a State that is declared by the law not to be personal property for the purposes 16
of that Act. 17
225 Regulations 18
(1) The Governor may make regulations, not inconsistent with this Act, for 19
or with respect to any matter that by this Act is required or permitted to 20
be prescribed or that is necessary or convenient to be prescribed for 21
carrying out or giving effect to this Act. 22
(2) Without limiting subsection (1), the regulations may make provision for 23
or with respect to the following matters: 24
(a) the accreditation of auditors for the purposes of Division 5 of 25
Part 5, and the carrying out of audits by auditors, 26
(b) the programs of work and site rehabilitation that are required in 27
connection with prospecting licences, assessment leases and 28
associated supplementary authorities, 29
(c) the site plans, operational plans and site closure plans that are 30
required in connection with injection leases. 31
(3) A regulation may create an offence punishable by a penalty not 32
exceeding: 33
(a) 100 penalty units, in the case of an offence committed by a 34
corporation, or 35
(b) 20 penalty units, in the case of an offence committed by an 36
individual. 37
(4) A regulation may apply, adopt or incorporate any publication as in force 38
from time to time. 39
Page 104
Greenhouse Gas Storage Bill 2010 Clause 226
Miscellaneous Part 16
226 Review of Act 1
(1) The Minister is to review this Act to determine whether the policy 2
objectives of the Act remain valid and whether the terms of the Act 3
remain appropriate for securing those objectives. 4
(2) The review is to be undertaken as soon as possible after the period of 5 5
years from the date of assent to this Act. 6
(3) A report on the outcome of the review is to be tabled in each House of 7
Parliament within 12 months after the end of the period of 5 years. 8
Page 105
Greenhouse Gas Storage Bill 2010
Schedule 1 Amendment of Acts
Schedule 1 Amendment of Acts 1
1.1 Criminal Procedure Act 1986 No 209 2
Schedule 1 Indictable offences triable summarily 3
Insert after item 25 in Table 1: 4
25A Greenhouse Gas Storage Act 2010 5
An offence arising under Division 1 of Part 13 of the Greenhouse 6
Gas Storage Act 2010. 7
1.2 Environmental Planning and Assessment Act 1979 No 203 8
Section 75V Approvals etc legislation that must be applied consistently 9
Insert after section 75V (1) (a): 10
(a1) an injection lease under the Greenhouse Gas Storage Act 11
2010, 12
1.3 Fines Act 1996 No 99 13
Schedule 1 Statutory provisions under which penalty notices issued 14
Insert in alphabetical order: 15
Greenhouse Gas Storage Act 2010, section 189 16
1.4 Land and Environment Court Act 1979 No 204 17
[1] Section 17 Class 1--environmental planning and protection appeals 18
Insert after section 17 (b): 19
(ba) appeals under section 193 of the Greenhouse Gas Storage 20
Act 2010, 21
[2] Section 20 Class 4--environmental planning and protection and 22
development contract civil enforcement 23
Insert after section 20 (1) (ck): 24
(cl) proceedings under section 194 or 195 of the Greenhouse 25
Gas Storage Act 2010, 26
[3] Section 20 (3) (a) 27
Insert in alphabetical order of Acts: 28
Greenhouse Gas Storage Act 2010, 29
Page 106
Greenhouse Gas Storage Bill 2010
Amendment of Acts Schedule 1
[4] Section 21 Class 5--environmental planning and protection summary 1
enforcement 2
Insert after section 21 (da): 3
(db) proceedings under section 184 or 200 of the Greenhouse 4
Gas Storage Act 2010, 5
[5] Section 21C Class 8--mining matters 6
Omit "or the Petroleum (Onshore) Act 1991" from section 21C (1). 7
Insert instead ", the Petroleum (Onshore) Act 1991, sections 44 and 45 of the 8
Greenhouse Gas Storage Act 2010 or Parts 8 and 11 of that Act". 9
[6] Section 21C (2) 10
Omit "either of those Acts". 11
Insert instead "any Act referred to in subsection (1)". 12
1.5 Law Enforcement (Powers and Responsibilities) Act 2002 13
No 103 14
Schedule 2 Search warrants under other Acts 15
Insert in alphabetical order: 16
Greenhouse Gas Storage Act 2010, section 162 17
1.6 Mine Health and Safety Act 2004 No 74 18
[1] Section 3 Definitions 19
Insert after paragraph (b) of the definition of mine holder in section 3 (1): 20
(b1) in relation to land subject to a greenhouse gas authority or 21
research permit under the Greenhouse Gas Storage Act 22
2010--the person who holds the authority or permit, or 23
[2] Section 6 Application of Act 24
Insert after section 6 (1) (g): 25
(g1) any place where prospecting work, injection work or 26
monitoring work is carried out pursuant to the Greenhouse 27
Gas Storage Act 2010, 28
[3] Section 68 Duty to give notice of drilling operations 29
Insert "or in the course of carrying out prospecting work, injection work or 30
monitoring work pursuant to the Greenhouse Gas Storage Act 2010," after 31
"quarry products," in section 68 (4). 32
Page 107
Greenhouse Gas Storage Bill 2010
Schedule 1 Amendment of Acts
[4] Section 166 Regulations: specific miscellaneous powers 1
Insert at the end of the section: 2
(2) The regulations may prescribe modifications to this Act in its 3
application to any place where prospecting work, injection work 4
or monitoring work is carried out pursuant to the Greenhouse 5
Gas Storage Act 2010. 6
1.7 National Parks and Wildlife Act 1974 No 80 7
[1] Section 39 Existing interests 8
Insert "the Greenhouse Gas Storage Act 2010," after "authority, lease or 9
licence under" in section 39 (4). 10
[2] Section 41 Mining 11
Insert after section 41 (1): 12
(1A) It is unlawful to carry out prospecting work, injection work or 13
monitoring work (within the meaning of the Greenhouse Gas 14
Storage Act 2010) in a national park or historic site, except as 15
expressly authorised by an Act of Parliament. 16
[3] Section 41 (2) 17
Insert "Greenhouse Gas Storage Act 2010, the" after "The". 18
[4] Section 47H Existing interests 19
Insert "the Greenhouse Gas Storage Act 2010," after "authority, lease or 20
licence under" in section 47H (4). 21
[5] Section 47J Provisions relating to mining 22
Insert at the end of section 47J (1) (c): 23
, or 24
(d) any injection lease under the Greenhouse Gas Storage Act 25
2010. 26
[6] Section 47J (2) and (4) 27
Insert "the Greenhouse Gas Storage Act 2010," before "the Mining Act 1992" 28
wherever occurring. 29
Page 108
Greenhouse Gas Storage Bill 2010
Amendment of Acts Schedule 1
[7] Section 47MA Reservation of land in state conservation area as national 1
park or nature reserve 2
Insert "the Greenhouse Gas Storage Act 2010," after "authority, lease, licence 3
or permit under" in section 47MA (3). 4
Page 109
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