Carbon dioxide capture and geological storage (CCS) is a relatively new form of technology that aids in reducing greenhouse gases released into the atmosphere. Several CCS projects have been proposed in Australia necessitating the development of a sound, guiding regulatory framework for CCS.
Development of the Regulatory Guiding Principles for CCS
On 25 November 2005, the then Ministerial Council on Mineral and Petroleum Resources (MCMPR) endorsed the 
Regulatory Guiding Principles for Carbon Dioxide Capture and Geological Storage [PDF, 779KB] . The aim of the Regulatory Guiding Principles was to achieve a nationally-consistent framework for CCS activities in each Australian jurisdiction.
Six key issues were seen as fundamental to a CCS regulatory framework:
- assessment and approvals processes
- access and property rights
- transportation issues
- monitoring and verification
- liability and post-closure responsibilities
- financial issues.
Development of CCS legislation
Amendments were made to the Commonwealth Offshore Petroleum legislation in 2008 to provide access and property rights for CCS activities in offshore areas, consistent with the Regulatory Guiding Principles for CCS. This approach was chosen because the similarities between the petroleum and CCS industries and the need to manage the potentially complex interactions between them.
The new legislation, Offshore Petroleum and Greenhouse Gas Storage Act 2006, establishes offshore titles for pipeline transportation and injection and storage of carbon dioxide (CO2) and potentially other greenhouse gases in geological formations in offshore areas. It received royal assent on 21 November 2008.
The legislation aims to provide project developers with the certainty required to commit to major low emission energy projects involving CCS. It also allows for the establishment of an effective regulatory framework to ensure that projects meet health, safety and environmental requirements.
Major features of the legislation include:
- the provision of access and property rights through a title system similar to that used for petroleum;
- ensuring safe and secure storage;
- mechanisms for managing interactions with the petroleum industry; and
- site closure and the treatment of long term liability.
The Offshore Petroleum and Greenhouse Gas Storage Act and associated documents can be downloaded below:
The regulatory framework, consisting of regulations to underpin the legislation, has been developed. The relevant regulations are:
Guidelines have been developed to aid understanding the requirements of the Act and regulations and to provide advice on processes