Document ID: chunk:federal_register_of_legislation:C2024C00828:section:383:p3
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 383 (pt 3/5)
Character Range: 1112058–1114952

is not commercially viable, but is likely to become commercially viable at some time in the future; and
 (d) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of the operations that are being, or could be, carried on under the greenhouse gas injection licence will have a significant adverse impact on:
 (i) operations to recover the petroleum; or
 (ii) the commercial viability of the recovery of the petroleum; and
 (e) if subparagraph (a)(i), (ii) or (iii) applies—the registered holder of the petroleum exploration permit, petroleum retention lease or petroleum production licence, as the case may be, has not agreed, in writing, to the registered holder of the greenhouse gas injection licence carrying on those operations; and
 (ea) if subparagraph (a)(iv), (v) or (vi) applies—the holder of the State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title, as the case may be, has not agreed, in writing, to the registered holder of the greenhouse gas injection licence carrying on those operations; and
 (f) the responsible Commonwealth Minister is satisfied that it is not practicable to eliminate the risk that any of the operations that are being, or could be, carried on under the greenhouse gas injection licence will have a significant adverse impact on:
 (i) operations to recover the petroleum; or
 (ii) the commercial viability of the recovery of the petroleum;
the responsible Commonwealth Minister must, by written notice given to the registered holder of the greenhouse gas injection licence:
 (g) give the registered holder of the greenhouse gas injection licence a direction for the purpose of mitigating, managing or remediating the risk that operations that are being, or could be, carried on under the greenhouse gas injection licence could have a significant adverse impact on:
 (i) operations to recover the petroleum; or
 (ii) the commercial viability of the recovery of the petroleum; or
 (h) suspend, either:
 (i) for a specified period; or
 (ii) indefinitely;
  any or all of the rights conferred by the greenhouse gas injection licence; or
 (i) cancel the greenhouse gas injection licence.
 (4) A direction under paragraph (3)(g) may require the licensee to take action:
 (a) in the licence area; or
 (b) in an offshore area but outside the licence area.

Other provisions
 (5) A direction under this section has effect, and must be complied with, despite:
 (a) any previous direction under this section; and
 (b) anything in the regulations or the applied provisions.
 (6) A direction under this section prevails over:
 (a) anything in an approved site plan for an identified greenhouse gas storage formation specified in the greenhouse gas injection licence; or
 (b) anything specified in the greenhouse gas injection licence as mentioned in any