Greenhouse Gas Geological Sequestration (Exemption) Regulations 2009

i Greenhouse Gas Geological Sequestration (Exemption) Regulations 2009 S.R. No. 150/2009 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Definitions 2 5 Exemption from provisions of Greenhouse Gas Geological Sequestration Act 2008 3 ═══════════════ ENDNOTES 4 -- 1 of 5 -- 1 STATUTORY RULES 2009 S.R. No. 150/2009 Greenhouse Gas Geological Sequestration Act 2008 Greenhouse Gas Geological Sequestration (Exemption) Regulations 2009 The Governor in Council makes the following Regulations: Dated: 1 December 2009 Responsible Minister: PETER BATCHELOR Minister for Energy and Resources TOBY HALLIGAN Clerk of the Executive Council 1 Objective The objective of these Regulations is to exempt the Otway Basin Carbon Capture and Storage Project, related activities and persons carrying out related activities from certain provisions of the Greenhouse Gas Geological Sequestration Act 2008. 2 Authorising provision These Regulations are made under section 303 of the Greenhouse Gas Geological Sequestration Act 2008. 3 Commencement These Regulations come into operation on 1 December 2009. -- 2 of 5 -- S.R. No. 150/2009 Greenhouse Gas Geological Sequestration (Exemption) Regulations 2009 2 4 Definitions In these Regulations— greenhouse gas sequestration activities means— (a) activities which constitute greenhouse gas sequestration formation exploration; or (b) greenhouse gas substance injection and monitoring; or (c) any greenhouse gas geological sequestration research and demonstration activities including exploration, modelling, extraction, processing, separation, capture, transport, injection, monitoring, verification or educational activities; Otway project area means— (a) the area of land to which petroleum production licence 11 granted under the Petroleum Act 1998 and dated 14 May 2002 and petroleum production licence 13 granted under the Petroleum Act 1998 and dated 7 February 2006 apply; and (b) a 5 kilometre radius from the outer boundaries of the area of land referred to in paragraph (a); resources law means— (a) the Environment Protection Act 1970; or (b) the Petroleum Act 1998; or (c) the Water Act 1989. r. 4 -- 3 of 5 -- S.R. No. 150/2009 Greenhouse Gas Geological Sequestration (Exemption) Regulations 2009 3 5 Exemption from provisions of Greenhouse Gas Geological Sequestration Act 2008 (1) Subject to subregulation (2), the following persons or things are exempt from all the provisions (except sections 12, 14, 15, 303 and 304) of the Greenhouse Gas Geological Sequestration Act 2008— (a) the Otway Basin Carbon Capture and Storage Project; (b) greenhouse gas sequestration activities in respect of the Otway Basin Carbon Capture and Storage Project; (c) any person carrying out greenhouse gas sequestration activities in relation to the Otway Basin Carbon Capture and Storage Project when carried out in the Otway project area. (2) An exemption under subregulation (1)(b) or (c) only applies if the greenhouse gas sequestration activity is authorised by an approval or other authority under a resources law. ═══════════════ r. 5 -- 4 of 5 -- S.R. No. 150/2009 Greenhouse Gas Geological Sequestration (Exemption) Regulations 2009 4 ENDNOTES Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 4, paragraph (a) of definition of Otway project area Petroleum production licence 11 granted under the Petroleum Act 1998 and dated 14 May 2002 Petroleum production licence 13 granted under the Petroleum Act 1998 and dated 7 February 2006 The whole The whole Endnotes -- 5 of 5 --