Document ID: chunk:federal_register_of_legislation:C2024C00828:section:383:p1
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 383 (pt 1/5)
Character Range: 1106756–1109685

383  Powers of responsible Commonwealth Minister to protect petroleum discovered in the title area of a pre‑commencement petroleum title

Elimination of risk
 (1) If:
 (a) the licence area of a greenhouse gas injection licence overlaps, in whole or in part:
 (i) the permit area of a pre‑commencement petroleum exploration permit held by a person other than the registered holder of the greenhouse gas injection licence; or
 (ii) the lease area of a pre‑commencement petroleum retention lease held by a person other than the registered holder of the greenhouse gas injection licence; or
 (iii) the licence area of a pre‑commencement petroleum production licence held by a person other than the registered holder of the greenhouse gas injection licence; or
 (iv) the area covered by a pre‑commencement State/Territory petroleum exploration title held by a person other than the registered holder of the greenhouse gas injection licence; or
 (v) the area covered by a pre‑commencement State/Territory petroleum retention title held by a person other than the registered holder of the greenhouse gas injection licence; or
 (vi) the area covered by a pre‑commencement State/Territory petroleum production title held by a person other than the registered holder of the greenhouse gas injection licence; and
 (b) petroleum is discovered in the area of overlap; and
 (c) the responsible Commonwealth Minister is satisfied that:
 (i) the recovery of the petroleum is commercially viable; or
 (ii) the recovery of the petroleum 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 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