Victorian Consolidated Legislation

Greenhouse Gas Geological Sequestration Act 2008 - SECT 3

Definitions

3. Definitions

In this Act- authority means an exploration permit, a retention lease, an
injection and monitoring licence or a special access authorisation; community
includes persons who hold, or may hold, native title; Crown land means land
that is, or that is by any Act deemed to be, unalienated land of the Crown,
and includes-

   (a)  land of the Crown that is reserved permanently or temporarily by or
        under any Act; and

   (b)  land of the Crown occupied by a person under a lease, licence or other
        right under this or any other Act- but does not include-

   (c)  native title land that is not also wilderness Crown land; or

   (d)  land that is subject to a licence granted under Part 3A of the
        Victorian Plantations Corporation Act 1993; Department means the
        Department of Primary Industries; environment includes water;
        Environment Protection Authority has the same meaning as Authority has
        under the Environment Protection Act 1970; exploration permit means an
        exploration permit granted under section 25; greenhouse gas
        sequestration formation exploration has the meaning set out in
        section 4; greenhouse gas sequestration infrastructure facility means
        a facility that is used to enable the injection of a greenhouse gas
        substance into an underground geological storage formation; greenhouse
        gas sequestration operation means any activity relating to-

   (a)  greenhouse gas sequestration formation exploration; or

   (b)  greenhouse gas substance injection and monitoring; greenhouse gas
        substance means-

   (a)  carbon dioxide, whether in a gaseous or liquid state; or

   (b)  a prescribed greenhouse gas, whether in a gaseous or liquid state; or

   (c)  a mixture of any or all of the following substances-

   (i)  carbon dioxide, whether in a gaseous or liquid state;

   (ii) one or more prescribed greenhouse gases, whether in a gaseous or
        liquid state;

   (iii) one or more incidental greenhouse gas-related substances, whether in
        a gaseous or liquid state, that relate to either or both of the
        substances mentioned in subparagraphs (i) and (ii);

   (iv) a prescribed detection agent, whether in a gaseous or liquid state- so
        long as-

   (v)  the mixture consists overwhelmingly of either or both of the
        substances mentioned in subparagraphs (i) and (ii); and

   (vi) if the mixture includes a prescribed detection agent, the
        concentration of the prescribed detection agent in the mixture is not
        more than the concentration prescribed in relation to that detection
        agent; greenhouse gas substance injection and monitoring has the
        meaning set out in section 5; improvement notice means a notice issued
        under section 270; injection and monitoring licence means a greenhouse
        gas injection and monitoring licence granted under section 82;
        inspector means a person authorised under section 251 to carry out
        inspections; land includes a stratum of land; Native Title Act means
        the Native Title Act 1993 of the Commonwealth; native title land means
        land in which native title (within the meaning of the
        Native Title Act) may exist; parks Crown land means any land that is a
        national, State or other park under the National Parks Act 1975;
        private land means land that is not Crown land or native title land;
        public authority means-

   (a)  a public service body within the meaning of the
        Public Administration Act 2004; or

   (b)  any other body, whether or not incorporated, established by or under
        an Act for a public purpose; public interest means a consideration of
        any of the following-

   (a)  government policy;

   (b)  employment creation;

   (c)  social impacts;

   (d)  the overall environmental benefit for the State of Victoria and
        Australia in both the short-term and long-term;

   (e)  the overall economic benefit for the State of Victoria, or a part of
        the State of Victoria, in both the short-term and long-term;

   (f)  impacts on aesthetic, amenity or cultural values; resource means a
        resource that a person is entitled to extract or use under a resource
        authority; resource authority means an authority under any of the
        following Acts-

   (a)  Extractive Industries Development Act 1995;

   (b)  Geothermal Energy Resources Act 2005;

   (c)  Mineral Resources (Sustainable Development) Act 1990;

   (d)  Petroleum Act 1998;

   (e)  Water Act 1989; restricted Crown land means any land specified in
        Schedule 3 to the
        Mineral Resources (Sustainable Development) Act 1990; retention lease
        means a retention lease granted under section 62; serious situation
        has the meaning set out in section 6; special access authorisation
        means a special access authorisation granted under section 126;
        stratum of land means a part of land consisting of a space of any
        shape below, on or above the surface of the land or partly below and
        partly above the surface of the land, all of the dimensions of which
        are limited; underground geological storage formation includes-

   (a)  any seal or reservoir of an underground geological formation; and

   (b)  any associated geological attributes or features of an underground
        geological formation; unit development agreement means an agreement
        made under Part 6; unrestricted Crown land means any Crown land other
        than wilderness Crown land, parks Crown land and restricted Crown
        land; vary, in relation to the conditions of an authority, includes
        adding conditions to, and removing conditions from, the authority;
        wilderness Crown land means land that is a reference area under the
        Reference Areas Act 1978 or that is a wilderness zone or wilderness
        park under the National Parks Act 1975; work program has the meaning
        set out in section 148.