Document ID: chunk:federal_register_of_legislation:C2024C00828:section:28a:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 28A (pt 1/2)
Character Range: 150449–153442

28A  Significant risk of a significant adverse impact—grant of greenhouse gas injection licence (cross‑boundary)
 (1) For the purposes of section 368B and paragraph 749(2)(ca), the question of whether there is a significant risk that any of the operations that could be carried on under a greenhouse gas injection licence will have a significant adverse impact on operations that are being, or could be, carried on under:
 (a) an existing petroleum exploration permit; or
 (b) an existing petroleum retention lease; or
 (c) an existing petroleum production licence; or
 (d) a future petroleum exploration permit; or
 (e) a future petroleum retention lease; or
 (f) a future petroleum production licence; or
 (g) an existing State/Territory petroleum exploration title; or
 (h) an existing State/Territory petroleum retention title; or
 (i) an existing State/Territory petroleum production title; or
 (j) a future State/Territory petroleum exploration title; or
 (k) a future State/Territory petroleum retention title; or
 (l) a future State/Territory petroleum production title;
is to be determined in a manner ascertained in accordance with the regulations.
 (2) A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:
 (a) the probability, or range of probabilities, of the occurrence of the adverse impact; and
 (b) the economic consequences of the adverse impact; and
 (c) the economic consequences of the adverse impact relative to the potential economic value of the operations that are being, or could be, carried on under the permit, lease, licence or title referred to in whichever of paragraph (1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) or (l) is applicable.
 (3) Subsection (2) does not limit the matters that may be taken into account.
 (4) Subsections (1) and (2) have effect subject to subsections (5) and (6).
 (5) For the purposes of section 368B and paragraph 749(2)(ca), an operation that could be carried on under a greenhouse gas injection licence (the injection licence operation) will have an adverse impact on operations (the relevant petroleum operations) that are being, or could be, carried on under:
 (a) an existing petroleum exploration permit; or
 (b) an existing petroleum retention lease; or
 (c) an existing petroleum production licence; or
 (d) a future petroleum exploration permit; or
 (e) a future petroleum retention lease; or
 (f) a future petroleum production licence; or
 (g) an existing State/Territory petroleum exploration title; or
 (h) an existing State/Territory petroleum retention title; or
 (i) an existing State/Territory petroleum production title; or
 (j) a future State/Territory petroleum exploration title; or
 (k) a future State/Territory petroleum retention title; or
 (l) a future State/Territory petroleum production title;
if, and only if, the injection licence operation will result in:
 (m) an increase in the capital costs (other than prescribed costs) of