Greenhouse Gas Storage Act 2009

This Act may be cited as the Greenhouse Gas Storage Act 2009.

Chapters 2 and 3 commence on a day to be fixed by proclamation.

The main purpose of this Act is to help reduce the impact of greenhouse gas emissions on the environment.

The main purpose is achieved principally by facilitating the process called greenhouse gas geological storage, also called greenhouse gas storage (GHG storage).

This Act facilitates GHG storage by—

providing for the granting of authorities (called ‘GHG authorities’) to explore for or use underground geological formations or structures to store carbon dioxide, or carry out related activities; and

creating a regulatory system for the carrying out of activities relating to GHG authorities.

Other purposes of this Act are to ensure the following for the carrying out of the activities—

minimisation of conflict with other land uses;

constructive consultation with people affected by the activities;

appropriate compensation for owners or occupiers adversely affected by the activities;

responsible land and resource management.

The Petroleum and Gas (Production and Safety) Act 2004 (the P&G Act) also facilitates the operation of this Act by—

providing for survey licences under that Act to be able to be granted for potential GHG stream pipelines; and

providing for pipeline licences under that Act to be able to be granted for GHG streams; and

applying chapter 9 of that Act (the P&G Act safety provisions) to particular authorised activities for GHG authorities; and

applying its provisions about investigations and some of its provisions about enforcement to authorised activities for GHG authorities.

This Act binds all persons, including the State, and to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

This Act applies to the coastal waters of the State as if the coastal waters of the State were part of the State.

However, this Act does not apply to the adjacent area under the Petroleum (Submerged Lands) Act 1982.

Note—

The definition of the adjacent area in the Petroleum (Submerged Lands) Act 1982, section 4(1) is extended for pipelines under that Act, part 3, division 4. The provisions effectively cover pipelines in the coastal waters of the State.

This Act is subject to the Nature Conservation Act 1992, sections 27 and 70QA.

Editor’s note—

Nature Conservation Act 1992, sections 27 (Prohibition on mining, geothermal activities and GHG storage activities) and 70QA (Prohibition on mining, geothermal activities and GHG storage activities in forest reserves)

The relationship between this Act and the following Acts is provided for under chapter 4, parts 2 to 8 and—

for the Geothermal Act—chapter 5, parts 2 to 8 of that Act;

for the Mineral Resources Act—chapter 9 of that Act;

for the 1923 Act—section 40(1A) and part 6FA of that Act;

for the P&G Act—chapter 3A of that Act.

The relationship between this Act and the Common Provisions Act is provided for under the Common Provisions Act, section 6.

A GHG authority is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

Subject to sections 269, 338A and 425 this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

In addition, a breach of an obligation under this Act does not of itself give rise to an action for breach of statutory duty or another civil right or remedy.

This Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.

s 10 om 2010 No. 31 s 409