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CO2 categorised as industrial waste in London Convention; likely to restrict disposal in sea-bed, says AGO repor

Posted by gasweek on 17 October, 2007

On one view CCS (carbon dumps) may be viewed as contravening the spirit of the UNCLOS (United Nations Convention on the Law of the Sea) – conversely, the FCCC (United Nations Framework Convention on Climate Change) might be used to support the argument that prevention of release of gaseous carbon dioxide emissions into the atmosphere by CCS was consistent with UNCLOS, according to “A Report to the Australian Greenhouse Office on Property Rights and Associated Liability Issues, 2005” (8/8/2007, p.113).

CO2 ‘industrial waste’: ” … when the 1996 Protocol enters into force, it will supersede the London Convention as between parties to the 1996 Protocol which are also parties to the London Convention. However, Australia will continue to be bound by the London Convention in relation to nation-states that do not fall into this category. Accordingly, the application of both the London Convention and the 1996 Protocol to CCS is considered below. With respect to the London Convention, some commentators have suggested that carbon dioxide would likely be categorised as industrial waste, which is defined in the Convention as ‘waste materials generated by manufacturing or processing operations’ (Annex 1).

Restricting disposal: “If this is the case, the London Convention is likely to restrict the opportunities for the ‘disposal’ of carbon dioxide under the seabed. However, such views are not definitive, and it remains unclear whether carbon dioxide would be considered a waste for the purposes of the Convention. In addition, as previously mentioned, it is unclear whether the London Convention covers sub-seabed disposal of wastes (this is not an issue under the 1996 Protocol). In contrast, the 1996 Protocol does not contain the prohibition on ‘industrial waste’. Nevertheless, the reverse-list of allowable materials, which is essentially identical to the list contained in the London Convention, would likely mean that the same restrictions would apply when addressing the Protocol,” the report added.

Reference: Carbon Capture and Storage Section 6 – “A Report to the Australian Greenhouse Office on Property Rights and Associated Liability Issues, 2005”, p.113.

Contact: The Communications Director, Australian Greenhouse Office, Department of the Environment and Heritage, GPO Box 787, Canberra ACT 2601. Email: communications@greenhouse.gov.au

http://www.greenhouse.gov.au/publications

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Posted in CO2 Dump, CO2 dumps, Federal, Geosequestration, Greenhouse Trades, International, Law, Volume 2604 | Leave a Comment »

CO2 dump rules in South Australia, Western Australia and Queensland: none appear to deal with earthquake, water quality or leak risks, or, long-term liability

Posted by gasweek on 19 September, 2007

South Australia had amended the Petroleum Act 2000 to include CO2 as a regulated substance which can be transported by pipeline. This Act also provides for the granting of a licence to store CO2 in natural reservoirs.

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Posted in CO2 Dump, CO2 dumps, Gas, Geosequestration, Law, Policy, Regulation, Volume 2520 | Leave a Comment »

Gorgon partners, Chevron and ExxonMobil and Shell: 20-year contract term Shell to sell 1 million tonnes of LNG a year to PetroChina

Posted by gasweek on 18 September, 2007

Shell and PetroChina concluded a binding heads of agreement for the long­term supply of LNG “with the primary source being the Gorgon gas project”. Shell and PetroChina would work to conclude and execute a detailed LNG sale and purchase agree­ment before December next year, conditional on a final investment decision by Gorgon partners, Chevron (50 per cent), and Ex­xonMobil and Shell (25 per cent each), reported The Australian, (5/9/2007, p.29).

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Posted in China, CO2 dumps, Geosequestration, Greenhouse Trades, LNG, Volume 2520, Western Australia | Leave a Comment »