Queensland Consolidated Acts

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GREENHOUSE GAS STORAGE ACT 2009 - SECT 28

28 Reservation in land grants

(1) This section applies to each grant under another Act of a right relating to land.

(2) This section applies whether the grant was made before or after the commencement of this section.

(3) The grant is taken to contain a reservation to the State of—

(a) all GHG storage reservoirs in the land, whenever created; and
(b) the exclusive right to do the following in relation to the land—
(i) to enter and carry out any GHG storage activity;
(ii) to authorise under the provisions of this Act or another Act others to carry out any GHG storage activity;
(iii) to regulate under the provisions of this Act or another Act GHG storage activities carried out by others.
Note—
See however, section 420 (Provision for entry by State to carry out GHG storage activity).

(4) In this section—

grant, of a right, includes an authority, lease, licence, permit or other instrument of tenure, however called.

Notes—
1 For the requirement to have a GHG tenure, see section 386.
2 Chapter 4 imposes requirements for and restrictions on the granting of, and restrictions on authorised activities that may be carried out under, particular GHG tenures. See section 182.


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