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CO2 dump ownership plan for Queensland; owner of surface lot licensed to inject and store CO2 in that subterranean lot

Posted by gmarkets on 3 September, 2007

What was “volumetric subdivision”? It was the subdivision of land using three dimensionally located points to identify the position, shape and dimensions of each bounding surface, explained the Queensland Department of Mines and Energy report, Carbon dioxide geosequestration tenure administration. What isn’t a volumetric lot: A lot that was described as “In Strata”, and was only restricted in one direction, i.e. “to the depth of 10 metre” or “below 10 metre”, was not a volumetric lot.

For freehold or non-freehold land: Volumetric subdivision could be applied to freehold or non-freehold land. For freehold land this was currently possible using section 49A (2) of the LTA and for non-freehold by using section 290F(2) of the LA.

Layers of ownership: Volumetric subdivision, for example, could create a separate registered subsurface lot in the same or different ownership from surface land. The owner of the subsurface lot could be licensed to inject and store CO2 in that subterranean lot. For subterranean State land that had been volumetrically sub-divided the State could make a grant of that lot in fee simple or lease the lot to a person or a licensed injecting company. Volumetric subdivision would not obviate the need for a CCS tenure.

Advantages: The report listed the advantages as:

• clear registered land interest title and binding rights;

• could allow separate ownership of the surface and volumetric lots;

• could allow for multiple injectors into the one reservoir through multiple
ownership shares or leasing arrangements;

• can take account of the complete identified reservoir area;

• compensation for surface area could be dealt with upfront through the sale or lease of the underground lot without later recourse to petroleum legislation and ultimately the Courts.

Reference: This publication may be printed from or downloaded form the DME website at http://www.dme.qld.gov.au For copyright enquries telephone (07) 3237 1644 or send facsimile to (07) 3238 3188. The closing date for submission sis two months from the date of announcement by the Minister. Submissions can be sent by post, facsimile or email. Postal address: Mining Legislation Review, Mining and Petroleum, Department of Mines and Energy, PO Box 15216, CITY EAST Qld 4002 Facsimile: (07) 3238 3188 Email: ccsleg@dme.qld.gov.au Please note: This discussion paper is for public discussion and comment and does not commit the government or a Minister either to the views expressed in it or to a particular direction for future action. All submissions will be treated as public documents subject to the Freedom of Information Act 1992. Submissions may take the form of letters or emails addressing the questions asked in the paper, issues of concern, or a list of matters identified by page or section numbers, stating the issues arising and suggested solutions.

Erisk Net, 1/8/2007

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