Offshore Petroleum and Greenhouse Gas Storage Act 2010 (Vic)
Version No. 018
Offshore Petroleum and Greenhouse Gas Storage Act 2010
No. 10 of 2010
Version incorporating amendments as at
7 November 2024
TABLE OF PROVISIONS
Section Page
Chapter 1—Introduction
Part 1.1—Legislative formalities and background
1Purpose
2Commencement
3Object
4Simplified outline
5Simplified map
Part 1.2—Interpretation
Division 1—General
6Definitions
7References to Parts
8Spaces above and below offshore area
9Term of petroleum titles
10Term of greenhouse gas titles
11Renewal of petroleum titles
12Renewal of greenhouse gas titles
13Variation of petroleum titles
14Variation of greenhouse gas titles
15Tied titles
16Vacated area
17Infrastructure facilities
18Terminal station
19Terminal point
20Declared greenhouse gas facility
21Extended meaning of explore
22Potential greenhouse gas storage formation
23Eligible greenhouse gas storage formation
24Potential greenhouse gas injection site
25Incidental greenhouse gas‑related substance
26Site plan—identified greenhouse gas storage formation
27Significant risk of a significant adverse impact—approval of key petroleum operations
28Significant risk of a significant adverse impact—grant of petroleum production licence
29Significant risk of a significant adverse impact—approval of key greenhouse gas operations
30Significant risk of a significant adverse impact—grant of greenhouse gas injection licence
31Significant risk of a significant adverse impact—power of Minister to protect petroleum
32Securities
33Designated agreements
34Ascertainment of wellhead for purposes of Act
35Ascertainment of value of petroleum at wellhead
36Ascertainment of quantity of petroleum recovered
37Graticulation of Earth's surface and constitution of blocks
Division 2—Datum provisions
38Objects
39Definitions
40Australian Geodetic Datum
41Geocentric Datum of Australia
42Current datum, previous datum and changeover time
43Use of current datum
44Use of previous datum
45Variation of titles and instruments
46Variation of applications for titles
47No change to actual position of point, line or area
48Transitional regulations
Division 3—Apportionment of petroleum recovered from adjoining title areas
49Title
50Titleholder and title area
51Petroleum recovered through inclined well
52Petroleum pool straddling 2 title areas etc.
53Petroleum pool straddling State title area and Commonwealth title area
54Petroleum pool straddling State title area and another State title area
55Unit development
56Supreme Court determinations for purposes of this Division
Part 1.3—Joint Authority and Designated Authority for offshore petroleum
57Minister as member of Joint Authority
58Minister as Designated Authority
59Delegations under Commonwealth Act
60Public servants performing functions under Commonwealth Act
Part 1.3A—Cross-boundary Authority for offshore greenhouse gas storage
60AMinister as member of Cross-boundary Authority
60BMinister as responsible State Minister
60CDelegations under Commonwealth Act—Cross‑boundary Authority and responsible State Minister
60DPublic servants performing functions under Commonwealth Act—Cross-boundary Authority and responsible State Minister
60EMinister's consent to grant of cross‑boundary greenhouse gas holding lease
60F Minister's consent to grant of cross‑boundary greenhouse gas injection licence
60GMinister's consent to renewal of cross‑boundary greenhouse gas assessment permit or cross‑boundary greenhouse gas holding lease
Part 1.4—Sustainability principles
61Principles of sustainable development
Part 1.5—Application provisions
62Application of Act
63Disapplication of State occupational health and safety laws
64Relationship with other Acts
65Underground geological storage formation is the property of the Crown
66Crown retains Crown land rights
67Ownership of greenhouse gas substance
67AOwnership of petroleum injected and stored in the seabed or subsoil
68Act binds the Crown
69Act applies subject to international obligations
Chapter 2—Regulation of activities relating to petroleum
Part 2.1—Introduction
70Simplified outline
Part 2.2—Petroleum exploration permits
Division 1—General provisions
71Simplified outline
72Prohibition of unauthorised exploration for petroleum in offshore area
73Rights conferred by petroleum exploration permit
74Conditions of petroleum exploration permits
75Standard conditions of work-bid petroleum exploration permits and special petroleum exploration permits
76Restrictions on conditions of cash-bid petroleum exploration permits
77Conditions of declared petroleum exploration permits—approval of key petroleum operations
77AConditions of boundary-change petroleum exploration permits
78Declared petroleum exploration permit—approval by Minister of key petroleum operations
79Minister must have regard to certain matters before approving key petroleum operations
80Minister must not give approval in certain circumstances
81No right to an approval
82Suspension of rights to be disregarded
83Declared petroleum exploration permits
84Duration of petroleum exploration permit
85Extension of petroleum exploration permit if permittee applies for petroleum retention lease or petroleum production licence
Division 2—Obtaining a work‑bid petroleum exploration permit
86Application for work‑bid petroleum exploration permit—advertising of blocks
87Grant of work‑bid petroleum exploration permit—offer document
88Granting of offer document for work‑bid petroleum exploration permit
89Ranking of applications for work-bid petroleum exploration permit
90Grant of work‑bid petroleum exploration permit
91Withdrawal of application
92Effect of withdrawal or lapse of application
Division 3—Obtaining a cash‑bid petroleum exploration permit
93Application for cash‑bid petroleum exploration permit
94Grant of cash‑bid petroleum exploration permit—only one application
95Grant of cash‑bid petroleum exploration permit—2 or more applications
96Grant of cash‑bid petroleum exploration permit
97Extension of cash‑bid petroleum exploration permit
Division 4—Obtaining a special petroleum exploration permit over a surrendered block or certain other blocks
98Application for a special petroleum exploration permit over a surrendered block or certain other blocks
99Grant of special petroleum exploration permit—only one application
100Grant of special petroleum exploration permit—2 or more applications
101Grant of special petroleum exploration permit
Division 4A—Obtaining a boundary-change petroleum exploration permit
101AGrant of boundary-change petroleum exploration permit
Division 5—Renewal of petroleum exploration permits
102Application for renewal of petroleum exploration permit
103Non‑renewable cash‑bid petroleum exploration permits
104Limit on renewal of cash‑bid petroleum exploration permits
105Limits on renewal of work‑bid petroleum exploration permits and special petroleum exploration permits
105ALimits on renewal of boundary-change petroleum exploration permits
106Standard halving rules
107Additional rules relating to renewals of cash-bid petroleum exploration permits
108Renewal of petroleum exploration permit—offer document
109Refusal to renew petroleum exploration permit
110Renewal of petroleum exploration permit
Division 6—Locations
111Simplified outline
112Nomination of blocks as a location
113Requirement to nominate blocks as a location
114Declaration of location
115Revocation of declaration
116Variation of declaration
Part 2.3—Petroleum retention leases
Division 1—General provisions
117Simplified outline
118Rights conferred by petroleum retention lease
119Conditions of petroleum retention leases
120Standard conditions of petroleum retention leases
121Conditions of declared petroleum retention leases—approval of key petroleum operations
121AVariation of petroleum retention leases obtained as result of change to the boundary of the offshore area
122Declared petroleum retention lease—approval by Minister of key petroleum operations
123Minister must have regard to certain matters before approving key petroleum operations
124Circumstances in which approval of key petroleum operations must not be given
125No right to an approval
126Suspension of rights to be disregarded
127Declared petroleum retention leases
128Duration of petroleum retention lease
129Extension of petroleum retention lease if lessee applies for petroleum production licence
Division 2—Obtaining a petroleum retention lease
Subdivision 1—Application for petroleum retention lease by the holder of a petroleum exploration permit
130Application for petroleum retention lease by the holder of a petroleum exploration permit
131Grant of petroleum retention lease—offer document
132Refusal to grant petroleum retention lease
133Grant of petroleum retention lease
134Petroleum exploration permit ceases to be in force when petroleum retention lease comes into force
135Petroleum exploration permit transferred—transferee to be treated as applicant
Subdivision 2—Application for petroleum retention lease by the holder of a life‑of‑field petroleum production licence
136Application for petroleum retention lease by the holder of a life‑of‑field petroleum production licence
137Grant of petroleum retention lease—offer document
138Refusal to grant petroleum retention lease
139Grant of petroleum retention lease
140Petroleum production licence ceases to be in force when petroleum retention lease comes into force
141Petroleum production licence transferred—transferee to be treated as applicant
Subdivision 3—Obtaining a petroleum retention lease as a result of a change to the boundary of the offshore area
141AGrant of petroleum retention lease as a result of a change to the boundary of the offshore area
Division 3—Renewal of petroleum retention leases
142Application for renewal of petroleum retention lease
143Renewal of petroleum retention lease—offer document
144Refusal to renew petroleum retention lease
145Renewal of petroleum retention lease
Division 4—Revocation of petroleum retention leases
146Notice of proposal to revoke petroleum retention lease
147Revocation of petroleum retention lease
Part 2.4—Petroleum production licences
Division 1—General provisions
148Simplified outline
149Prohibition of unauthorised recovery of petroleum in offshore area
149AProhibition of unauthorised underground petroleum storage in offshore area
150Rights conferred by petroleum production licence
151Conditions of petroleum production licences
151AMinister must have regard to cross‑boundary titles before granting petroleum production licence
152Standard conditions of petroleum production licences
152AConditions restricting the sale of petroleum to LNG exporters
152BMinister may require person to provide information on supply of petroleum
153Restrictions on conditions of petroleum production licences
154Renewal conditions of petroleum production licences
155Conditions of declared petroleum production licences—approval of key petroleum operations
155AVariation of petroleum production licences obtained as result of change to the boundary of the offshore area
156Declared petroleum production licence—approval by Minister of key petroleum operations
157Minister must have regard to certain matters before approving key petroleum operations
158Minister must not give approval in certain circumstances
159No right to an approval
160Suspension of rights to be disregarded
161Declared petroleum production licences
162Duration of petroleum production licence
163Termination of life‑of‑field petroleum production licence if no recovery operations or underground petroleum storage operations for 5 years
Division 2—Obtaining a petroleum production licence as a result of an application made by a petroleum exploration permittee or a petroleum retention lessee
164Application for petroleum production licence by permittee
165Application period
166Application for petroleum production licence by lessee
167Offer document
168Refusal to grant petroleum production licence
169Minister may defer taking action on application for petroleum production licence if there is a pending application for a greenhouse gas assessment permit
170Grant of petroleum production licence
171Petroleum exploration permit or petroleum retention lease ceases to be in force when petroleum production licence comes into force
172Petroleum exploration permit or petroleum retention lease transferred—transferee to be treated as applicant
Division 3—Obtaining a cash‑bid petroleum production licence over a surrendered block or similar block
173Application for cash‑bid petroleum production licence over surrendered blocks or similar blocks
174Deposit
175Grant of cash‑bid petroleum production licence—only one application
176Grant of cash‑bid petroleum production licence—2 or more applications
177Grant of cash‑bid petroleum production licence
Division 4—Obtaining petroleum production licences over individual blocks
178Applications for petroleum production licences over individual blocks
179Grant of petroleum production licences over individual blocks
Division 4A—Obtaining a petroleum production licence as a result of a change to the boundary of the offshore area
179AGrant of petroleum production licence as a result of a change to the boundary of the offshore area
Division 5—What happens if a block is not taken up
180Revocation of petroleum exploration permit or petroleum retention lease to the extent to which it relates to a block not taken up
Division 6—Petroleum field development
Subdivision 1—Directions about the recovery of petroleum
181Direction to recover petroleum
182Directions about the rate of recovery of petroleum
Subdivision 2—Unit development
183Definitions
184Unit development agreement and unit development scheme
185Directions
186Consultation
Part 2.5—Infrastructure licences
Division 1—General provisions
187Simplified outline
188Prohibition of unauthorised construction or operation of an infrastructure facility in the offshore area
189Rights conferred by an infrastructure licence
190Conditions of infrastructure licences
191Duration of infrastructure licence
192Termination of infrastructure licence if no operations for 5 years
Division 2—Obtaining an infrastructure licence
193Application for infrastructure licence
194Grant of infrastructure licence—offer document
195Refusal to grant infrastructure licence
196Grant of infrastructure licence
197Consultation with petroleum titleholders—grant of infrastructure licence
198Consultation with greenhouse gas titleholders—grant of infrastructure licence
Division 3—Varying an infrastructure licence
199Application for variation of infrastructure licence
200Variation of infrastructure licence
201Consultation with petroleum titleholders—variation of infrastructure licence
202Consultation with greenhouse gas titleholders—variation of infrastructure licence
Part 2.6—Pipeline licences
Division 1—General provisions
203Simplified outline
204Offence of unauthorised construction or operation of a pipeline in the offshore area
205Offence of starting to operate a pipeline
206Offence of recommencing to operate a pipeline
207Defences
208Consents and certificates
209Rights conferred by pipeline licence
210Conditions of pipeline licences
211Approval by Minister of greenhouse gas substance to be conveyed in a pipeline
212Duration of pipeline licence
213Termination of pipeline licence if no operations for 5 years
214Alteration or removal of pipeline constructed in breach of this Act
Division 2—Obtaining a pipeline licence
215Application for pipeline licence
216Rights of petroleum production licensees following application for petroleum‑related pipeline licences by other persons
217Rights of petroleum production licensees following application for greenhouse gas‑related pipeline licences by other persons
218Rights of greenhouse gas injection licensees following application for greenhouse gas‑related pipeline licences by other persons
219Grant of petroleum‑related pipeline licence—offer document
220Grant of greenhouse gas‑related pipeline licence—offer document
221Refusal to grant petroleum‑related pipeline licence
222Refusal to grant greenhouse gas‑related pipeline licence
223Grant of pipeline licence
Division 3—Varying a pipeline licence
224Variation of pipeline licence on application by licensee
225Variation of pipeline licence at the request of a Minister or a statutory body
Division 4—Pipeline operation
226Ceasing to operate pipeline without consent
Part 2.7—Petroleum special prospecting authorities
Division 1—General provisions
227Simplified outline
228Rights conferred by petroleum special prospecting authority
229Conditions of petroleum special prospecting authorities
230Duration of petroleum special prospecting authority
231Petroleum special prospecting authority cannot be transferred
Division 2—Obtaining a petroleum special prospecting authority
232Application for petroleum special prospecting authority
233Grant or refusal of petroleum special prospecting authority
234Holders to be informed of the grant of another petroleum special prospecting authority
235Holders to be informed of the grant of greenhouse gas search authority
Part 2.8—Petroleum access authorities
Division 1—General provisions
236Simplified outline
237Rights conferred by petroleum access authority
238Conditions of petroleum access authorities
239Duration of petroleum access authority
Division 2—Obtaining a petroleum access authority
240Application for petroleum access authority
241Grant or refusal of petroleum access authority
242Consultation—grant of petroleum access authority in the offshore area
Division 3—Variation of petroleum access authorities
243Variation of petroleum access authority
244Consultation—variation of petroleum access authority in the offshore area
Division 4—Reporting obligations of holders of petroleum access authorities
245Reporting obligations of holders of petroleum access authorities
Division 5—Revocation of petroleum access authorities
246Revocation of petroleum access authority
Part 2.9—Petroleum scientific investigation consents
247Simplified outline
248Rights conferred by petroleum scientific investigation consent
249Conditions of petroleum scientific investigation consents
250Grant of petroleum scientific investigation consent
Part 2.10—Standard procedures
251Application to be made in an approved manner
252Application fee
253Application may set out additional matters
254Minister may require further information
255Offer documents
256Acceptance of offer—request by applicant
257Acceptance of offer—payment
258Consultation—adverse decisions
259Minister may require information about negotiations for a designated agreement
Part 2.11—Variation, suspension and exemption
Division 1—Variation, suspension and exemption decisions relating to petroleum exploration permits, petroleum retention leases, petroleum production licences, infrastructure licences and pipeline licences
260Variation, suspension and exemption—conditions of titles
261Extension of term of petroleum exploration permit or petroleum retention lease—suspension or exemption
262Suspension of rights—petroleum exploration permit or petroleum retention lease
263Extension of term of petroleum exploration permit or petroleum retention lease—suspension of rights
263AVariation of a State title—including an area as the result of a change to the boundary of the offshore area
Division 2—Variation, suspension and exemption decisions relating to petroleum special prospecting authorities and petroleum access authorities
264Variation, suspension and exemption—conditions of petroleum special prospecting authorities and petroleum access authorities
Part 2.12—Surrender of titles
Division 1—Surrender of petroleum exploration permits, petroleum production licences, petroleum retention leases, infrastructure licences and pipeline licences
265Application for consent to surrender title
266Consent to surrender title
267Surrender of title
Division 2—Surrender of petroleum special prospecting authorities and petroleum access authorities
268Surrender of petroleum special prospecting authority
269Surrender of petroleum access authority
Part 2.13—Cancellation of titles
Division 1—Cancellation of petroleum exploration permits, petroleum production licences, petroleum retention leases, infrastructure licences and pipeline licences
270Grounds for cancellation of title
271Cancellation of title
272Consultation
273Cancellation of title not affected by other provisions
Division 2—Cancellation of petroleum special prospecting authorities
274Cancellation of petroleum special prospecting authority
Part 2.14—Other provisions
275Reservation of blocks
276Interference with other rights
277No conditions about payment of money
278Changes to the boundary of the offshore area
279Notification of discovery of petroleum in petroleum exploration permit area or petroleum retention lease area
280Property in recovered petroleum
281Certain payments to be made by State to Commonwealth
282Determination to be disregarded in certain cases
Chapter 3—Regulation of activities relating to injection and storage of greenhouse gas substances
Part 3.1—Introduction
283Simplified outline
Part 3.2—Greenhouse gas assessment permits
Division 1—General provisions
284Simplified outline
285Prohibition of unauthorised exploration for potential greenhouse gas storage formation, or potential greenhouse gas injection site, in offshore area
286Rights conferred by greenhouse gas assessment permit
287Conditions of greenhouse gas assessment permits
288Standard conditions of greenhouse gas assessment permits
289Conditions on work‑bid greenhouse gas assessment permits
290Conditions on cash-bid greenhouse gas assessment permits
291Approval by Minister of key greenhouse gas operations
292Minister must have regard to certain matters before approving key greenhouse gas operations
293Circumstances in which approval of key greenhouse gas operations must not be given
294Duration of greenhouse gas assessment permit
295Extension of greenhouse gas assessment permit if permittee applies for a declaration of an identified greenhouse gas storage formation
296Extension of greenhouse gas assessment permit if permittee applies for a greenhouse gas holding lease or greenhouse gas injection licence
296AExtension of duration of existing greenhouse gas assessment permit if permittee applies for a cross‑boundary greenhouse gas assessment permit
296BPermit area of cross‑boundary greenhouse gas assessment permit
Division 2—Obtaining a work‑bid greenhouse gas assessment permit
297Application for work‑bid greenhouse gas assessment permit—advertising of blocks
298Retention lessee or production licensee to be notified of proposal to advertise blocks
299Grant of work‑bid greenhouse gas assessment permit—offer document
300Granting of offer document for work‑bid greenhouse gas assessment permit
301Criteria for determining most deserving applicant for work‑bid greenhouse gas assessment permit
302Ranking of applicants for work‑bid greenhouse gas assessment permit
303Grant of work‑bid greenhouse gas assessment permit
304Withdrawal of application
305Effect of withdrawal or lapse of application
Division 2A—Consolidated work-bid greenhouse gas assessment permits
305AApplication for a consolidated work-bid greenhouse gas assessment permit
305BGrant of consolidated work-bid greenhouse gas assessment permit
305CConsequences of grant of consolidated work-bid greenhouse gas assessment permit
Division 3—Obtaining a cash‑bid greenhouse gas assessment permit
306Application for cash‑bid greenhouse gas assessment permit
307Retention lessee or production licensee to be notified of proposal to advertise blocks
308Grant of cash‑bid greenhouse gas assessment permit—only one application
309Grant of cash‑bid greenhouse gas assessment permit—2 or more applications
310Grant of cash‑bid greenhouse gas assessment permit
Division 4—Renewal of greenhouse gas assessment permits
311Application for renewal of greenhouse gas assessment permit
312Renewal of greenhouse gas assessment permit—offer document
313Refusal to renew greenhouse gas assessment permit
314Renewal of greenhouse gas assessment permit
Division 5—Declaration of identified greenhouse gas storage formation
315Application for declaration of identified greenhouse gas storage formation
316Request for further information or further analysis
317Variation of applications under section 315
318Declaration of identified greenhouse gas storage formation
319Variation of declaration of identified greenhouse gas storage formation
320Revocation of declaration of identified greenhouse gas storage formation
321Register of Identified Greenhouse Gas Storage Formations
Division 6—Directions
322Minister may give directions to greenhouse gas assessment permittees
323Compliance with directions
Part 3.3—Greenhouse gas holding leases
Division 1—General provisions
324Simplified outline
325Rights conferred by greenhouse gas holding lease
326Conditions of greenhouse gas holding leases
327Standard conditions of greenhouse gas holding leases
328Conditions on greenhouse gas holding lease
329Approval by Minister of key greenhouse gas operations
330Minister must have regard to certain matters
331Circumstances in which the approval must not be given
332Duration of greenhouse gas holding lease
333Extension of greenhouse gas holding lease if lessee applies for a special greenhouse gas holding lease or greenhouse gas injection licence
333ALease area of cross‑boundary greenhouse gas holding lease
Division 2—Obtaining a greenhouse gas holding lease
Subdivision 1—Application for greenhouse gas holding lease by the holder of a greenhouse gas assessment permit
334Application for greenhouse gas holding lease by the holder of a greenhouse gas assessment permit
335Applications under section 334
336Variation of applications under section 334
337Grant of greenhouse gas holding lease—offer document
338Refusal to grant greenhouse gas holding lease
339Grant of greenhouse gas holding lease
340Greenhouse gas assessment permit ceases to be in force when greenhouse gas holding lease comes into force
341Greenhouse gas assessment permit transferred—transferee to be treated as applicant
Subdivision 2—Application for greenhouse gas holding lease by the holder of a greenhouse gas injection licence
342Application for greenhouse gas holding lease by the holder of a greenhouse gas injection licence
343Variation of applications under section 342
344Grant of greenhouse gas holding lease—offer document
345Refusal to grant greenhouse gas holding lease
346Grant of greenhouse gas holding lease
347Greenhouse gas injection licence ceases to be in force when greenhouse gas holding lease comes into force
348Greenhouse gas injection licence transferred—transferee to be treated as applicant
Subdivision 3—Application for special greenhouse gas holding lease by an unsuccessful applicant for a greenhouse gas injection licence
349Application for special greenhouse gas holding lease by an unsuccessful applicant for a greenhouse gas injection licence
350Variation of applications under section 349
351Grant of special greenhouse gas holding lease—offer document
352Grant of special greenhouse gas holding lease
353Greenhouse gas assessment permit ceases to be in force when special greenhouse gas holding lease comes into force
354Ordinary greenhouse gas holding lease ceases to be in force when special greenhouse gas holding lease comes into force
355Greenhouse gas assessment permit transfer—transferee to be treated as applicant
356Greenhouse gas holding lease transfer—transferee to be treated as applicant
Subdivision 4—Application for greenhouse gas holding lease by the holder of a petroleum retention lease
357Application for greenhouse gas holding lease by the holder of a petroleum retention lease
358Variation of applications under section 357
359Grant of greenhouse gas holding lease—offer document
360Grant of greenhouse gas holding lease
361Retention lease transfer—transferee to be treated as applicant
Division 3—Renewal of greenhouse gas holding leases
362Application for renewal of greenhouse gas holding lease
363Renewal of greenhouse gas holding lease—offer document
364Refusal to renew greenhouse gas holding lease
365Renewal of greenhouse gas holding lease
Division 4—Directions
366Minister may give directions to greenhouse gas holding lessees
367Compliance with directions
Division 5—Special greenhouse gas holding lessee may be requested to apply for a greenhouse gas injection licence
368Minister may request special greenhouse gas holding lessee to apply for a greenhouse gas injection licence
Division 6—Cancellation of certain greenhouse gas holding leases granted to the holders of petroleum retention leases
369Cancellation of certain greenhouse gas holding leases granted to the holders of petroleum retention leases
Part 3.4—Greenhouse gas injection licences
Division 1—General provisions
370Simplified outline
371Prohibition of unauthorised injection and storage of substances in offshore area
372Rights conferred by greenhouse gas injection licence
373Conditions of greenhouse gas injection licences
374Injection and storage of greenhouse gas substance
375Other standard conditions of greenhouse gas injection licences
376Imposition of additional conditions
377Duration of greenhouse gas injection licence
378Termination of greenhouse gas injection licence if no injection operations for 5 years
378ALicence area of cross‑boundary greenhouse gas injection licence
Division 2—Obtaining a greenhouse gas injection licence
Subdivision 1—Application for greenhouse gas injection licence by the holder of a greenhouse gas assessment permit or greenhouse gas holding lease
379Application for greenhouse gas injection licence by greenhouse gas assessment permittee or greenhouse gas holding lessee
380Applications under section 379
381Variation of applications under section 379
382Offer document for application by permittee
383Offer document for application by lessee
384Public interest in grant of greenhouse gas injection licence
385Commercial viability test
386Refusal to grant greenhouse gas injection licence
387Grant of greenhouse gas injection licence
388Deferral of decision to grant greenhouse gas injection licence—pending application for post‑commencement petroleum exploration permit
389Greenhouse gas assessment permit or greenhouse gas holding lease ceases to be in force when greenhouse gas injection licence comes into force
390Greenhouse gas assessment permit transfer—transferee to be treated as applicant
391Greenhouse gas holding lease transfer—transferee to be treated as applicant
Subdivision 2—Application for greenhouse gas injection licence by the holder of a petroleum production licence
392Application for greenhouse gas injection licence by the holder of a petroleum production licence
393Applications under section 392
394Variation of applications under section 392
395Grant of greenhouse gas injection licence—offer document
396Refusal to grant greenhouse gas injection licence
397Grant of greenhouse gas injection licence
398Petroleum production licence transferred—transferee to be treated as applicant
Division 3—Variations
399Variation of matters specified in greenhouse gas injection licence—general
400Variation of matters specified in greenhouse gas injection licence—declaration of identified greenhouse gas storage formation varied
Division 4—Directions
401Minister may give greenhouse gas injection licensee directions to protect geological formations containing petroleum pools etc.
402Variation of matters inconsistent with direction to protect geological formations
403Consultation—directions
404Compliance with directions
Division 5—Dealing with serious situations
405Serious situation
406Powers of Minister to deal with serious situations
407Variation of matters inconsistent with direction to deal with serious situation
408Consultation—directions to do something outside the licence area
409Compliance with directions
Division 6—Protection of petroleum discovered in the title area of a pre‑commencement petroleum title
410Powers of Minister to protect petroleum discovered in the title area of a pre‑commencement petroleum title
411Variation of matters inconsistent with direction to protect petroleum discovered in the title area of a pre-commencement petroleum title
412Consultation—directions to do something outside the licence area
413Compliance with directions
Division 7—Site closing certificates
414Application for site closing certificate
415Mandatory application—cessation of injection operations
416Mandatory application—grounds for cancellation of licence
417Compliance with direction to apply for site closing certificate
418Mandatory application—greenhouse gas injection licence tied to a petroleum retention lease or petroleum production licence
418AApplications in relation to cross‑boundary greenhouse gas injection licences prohibited
419Variation of applications for site closing certificate
420Issue of site closing certificate—pre‑certificate notice
421Matters to which the Minister must have regard—pre‑certificate notice
422Circumstances in which a pre‑certificate notice may be refused
423Circumstances in which a pre‑certificate notice must not be given
424Acknowledgement of receipt of application for site closing certificate
425Refusal to give pre‑certificate notice
426Pre‑certificate notice—security etc.
427Issue of site closing certificate
428Greenhouse gas injection licence transferred—transferee to be treated as applicant
429Duration of site closing certificate
430Transfer of site closing certificate
431Transfer of securities
432Discharge of securities
433Recovery of the State's costs and expenses
Part 3.5—Greenhouse gas search authorities
Division 1—General provisions
434Simplified outline
435Rights conferred by greenhouse gas search authority
436Conditions of greenhouse gas search authorities
437Duration of greenhouse gas search authority
438Greenhouse gas search authority cannot be transferred
Division 2—Obtaining a greenhouse gas search authority
439Application for greenhouse gas search authority
440Grant or refusal of greenhouse gas search authority
441Holders to be informed of the grant of another greenhouse gas search authority
442Holders to be informed of the grant of a petroleum special prospecting authority
Part 3.6—Greenhouse gas special authorities
Division 1—General provisions
443Simplified outline
444Rights conferred by greenhouse gas special authority
445Conditions of greenhouse gas special authorities
446Duration of greenhouse gas special authority
Division 2—Obtaining a greenhouse gas special authority
447Application for greenhouse gas special authority
448Grant or refusal of greenhouse gas special authority
449Consultation—grant of greenhouse gas special authority
Division 3—Variation of greenhouse gas special authorities
450Variation of greenhouse gas special authority
451Consultation—variation of greenhouse gas special authority
Division 4—Reporting obligations of holders of greenhouse gas special authorities
452Reporting obligations of holders of greenhouse gas special authorities
Division 5—Revocation of greenhouse gas special authorities
453Revocation of greenhouse gas special authority
Part 3.7—Greenhouse gas research consents
454Simplified outline
455Rights conferred by greenhouse gas research consent
456Conditions of greenhouse gas research consents
457Grant of greenhouse gas research consent
Part 3.8—Standard procedures
458Application to be made in an approved manner
459Application fee
460Application may set out additional matters
461Minister may require further information
462Offer documents
463Acceptance of offer—request by applicant
464Acceptance of offer—payment
465Acceptance of offer—lodgment of security
466Consultation—adverse decisions
467Minister may require information about negotiations for a designated agreement
Part 3.9—Variation, suspension and exemption
Division 1—Variation, suspension and exemption decisions relating to greenhouse gas assessment permits, greenhouse gas holding leases and greenhouse gas injection licences
468Variation, suspension and exemption—conditions of titles
469Extension of term of greenhouse gas assessment permit or greenhouse gas holding lease—suspension or exemption
470Suspension of rights—greenhouse gas assessment permit or greenhouse gas holding lease
471Extension of term of greenhouse gas assessment permit or greenhouse gas holding lease—suspension of rights
Division 2—Variation, suspension and exemption decisions relating to greenhouse gas search authorities and greenhouse gas special authorities
472Variation, suspension and exemption—conditions of greenhouse gas search authorities and greenhouse gas special authorities
Part 3.10—Surrender of titles
Division 1—Surrender of greenhouse gas assessment permits, greenhouse gas holding leases and greenhouse gas injection licences
473Application for consent to surrender title
474Consent to surrender title
475Sufficient grounds for surrender of title
476Work‑bid greenhouse gas assessment permit—compliance with work condition
477Surrender area
478Surrender of title
Division 2—Surrender of greenhouse gas search authorities and greenhouse gas special authorities
479Surrender of greenhouse gas search authority
480Surrender of greenhouse gas special authority
Part 3.11—Cancellation of titles
Division 1—Cancellation of greenhouse gas assessment permits, greenhouse gas holding leases and greenhouse gas injection licences
481Grounds for cancellation of title
482Cancellation of title
483Consultation
484Cancellation of title not affected by other provisions
Division 2—Cancellation of greenhouse gas search authorities
485Cancellation of greenhouse gas search authority
Part 3.12—Other provisions
486Notification of eligible greenhouse gas storage formation
486ANotification of eligible greenhouse gas storage formation—consolidation of work-bid greenhouse gas assessment permit
487Notification of discovery of petroleum in greenhouse gas assessment permit area etc.
488Disposing of waste or other matter
489Additional securities etc.
490Transfer of securities
491Discharge of securities
492Approved site plans
493Variation of approved site plans
494Co‑existence of greenhouse gas titles and petroleum titles
495Reservation of blocks
496Interference with other rights
497No conditions about payment of money
498Certain portions of blocks to be blocks
499Changes to the boundary of the offshore area
500Minister may monitor the behaviour of a greenhouse gas substance stored in a part of a geological formation
501Monitoring information may be made publicly available
Chapter 4—Registration of transfers of, and dealings in, petroleum titles
Part 4.1—Introduction
502Simplified outline
503Definitions
504Dealing—series of debentures
Part 4.2—Register of titles and petroleum special prospecting authorities
505Register to be kept
506Entries in Register—general
507Entry in Register—cessation, revocation or expiry of title
Part 4.3—Transfer of titles
508Approval and registration of transfers
509Application for approval of transfer
510Documents to accompany application
511Time limit for application
512Date of application to be entered in Register
513Approval of transfer
514Registration of transfer
515Instrument of transfer does not create an interest in the title
516Limit on effect of approval of transfers
Part 4.4—Devolution of title
517Application to have name entered on the Register as the holder of a title
518Entry of name in the Register
Part 4.5—Change in name of company
519Application to have new name entered on the Register
520Alteration in the Register
Part 4.6—Dealings relating to existing titles
521Dealings to which this Part applies
522Approval and registration of dealings
523Application for approval of dealing
524Documents to accompany application
525Charge over assets of a body corporate—copies of documents
526Timing of application
527Application date to be entered in Register
528Approval of dealing
529Entry of dealing in Register
530Retention, inspection and return of instruments
531Strict compliance with application provisions not required
532Limit on effect of approval of dealing
Part 4.7—Dealings in future interests
533Provisional application for approval of dealing
534Documents to accompany provisional application
535Charge over assets of a body corporate—copies of documents
536Timing of provisional application
537Provisional application to be treated as an application under section 523 when title comes into existence
538Limit on approval of dealing
Part 4.8—Correction and rectification of Register
539Corrections of clerical errors or obvious defects
540General power of correction of Register
541Rectification of Register
Part 4.9—Information‑gathering powers
542Minister may obtain information from applicants
543Minister may obtain information from a party to an approved dealing
544Production and inspection of documents
545Minister may retain documents
Part 4.10—Other provisions
546Minister not concerned with the effect of instrument lodged under this Chapter
547True consideration to be shown
548Making a false entry in a Register
549Falsified documents
550Inspection of Register and instruments
551Evidence of matters entered in the Register
552Evidentiary certificate
553Criminal proceedings—copy of certificate to be given to defendant 14 days before certificate admitted in evidence
554Person signing the certificate may be called to give evidence
555Assessment of fee
556Appeal against assessment of fee
557Fees for entries in the Register of memoranda of transfers of title
558Fees for approval of dealings relating to petroleum titles
559Exemption from duty
Chapter 5—Registration of transfers of, and dealings in, greenhouse gas titles
Part 5.1—Introduction
560Simplified outline
561Definitions
562Dealing—series of debentures
Part 5.2—Register of titles and greenhouse gas search authorities
563Register to be kept
564Entries in Register—general
565Entry in Register—cessation or expiry of title
Part 5.3—Transfer of titles
566Approval and registration of transfers
567Application for approval of transfer
568Documents to accompany application
569Time limit for application
570Date of application to be entered in Register
571Approval of transfer
572Registration of transfer
573Instrument of transfer does not create an interest in the title
574Limit on effect of approval of transfers
Part 5.4—Devolution of title
575Application to have name entered on the Register as the holder of a title
576Entry of name in the Register
Part 5.5—Change in name of company
577Application to have new name entered on the Register
578Alteration in the Register
Part 5.6—Dealings relating to existing titles
579Dealings to which this Part applies
580Approval and registration of dealings
581Application for approval of dealing
582Documents to accompany application
583Timing of application
584Application date to be entered in Register
585Approval of dealing
586Entry of dealing in Register
587Retention, inspection and return of instruments
588Strict compliance with application provisions not required
589Limit on effect of approval of dealing
Part 5.7—Dealings in future interests
590Provisional application for approval of dealing
591Documents to accompany provisional application
592Charge over assets of a body corporate—copies of documents
593Timing of provisional application
594Provisional application to be treated as an application under section 581 when title comes into existence
595Limit on approval of dealing
Part 5.8—Correction and rectification of Register
596Corrections of clerical errors or obvious defects
597General power of correction of Register
598Rectification of Register
Part 5.9—Information‑gathering powers
599Minister may obtain information from applicants
600Minister may obtain information from a party to an approved dealing
601Production and inspection of documents
602Minister may retain documents
Part 5.10—Other provisions
603Minister not concerned with the effect of instrument lodged under this Chapter
604True consideration to be shown
605Making a false entry in the Register
606Falsified documents
607Inspection of Register and instruments
608Evidence of matters entered in the Register
609Evidentiary certificate
610Criminal proceedings—copy of certificate to be given to defendant 14 days before certificate admitted in evidence
611Person signing the certificate may be called to give evidence
612Assessment of fee
613Appeal against assessment of fee
Chapter 6—Administration
Part 6.1—Operations
614Simplified outline
615Commencement of works or operations
616Work practices
617Work practices
618Insurance—petroleum permits, leases and licences
619Insurance—petroleum authorities
620Insurance—greenhouse gas titles
621Maintenance and removal of property etc. by titleholder
Part 6.2—Directions relating to petroleum
Division 1—Simplified outline
622Simplified outline
Division 2—General power to give directions
623General power to give directions
624Notification of a direction that has an extended application
625Compliance with direction
Division 3—Minister may take action if there is noncompliance with a direction
626Minister may take action if there is noncompliance with a direction
Division 4—Defence of taking reasonable steps to comply with a direction
627Defence of taking reasonable steps to comply with a direction
Part 6.3—Directions relating to greenhouse gas
Division 1—Simplified outline
628Simplified outline
Division 2—General power to give directions
629General power to give directions
630Notification of a direction that has an extended application
631Compliance with directions
Division 3—Minister may take action if there is noncompliance with a direction
632Minister may take action if there is noncompliance with a direction
Division 4—Defence of taking reasonable steps to comply with a direction
633Defence of taking reasonable steps to comply with a direction
Part 6.4—Restoration of the environment
Division 1—Petroleum
634Simplified outline
635Remedial directions to current holders of permits, leases and licences
636Remedial directions to former holders of permits, leases, licences and authorities etc.
637Minister may take action if a direction has not been complied with
638Removal, disposal or sale of property by Minister—noncompliance with direction
Division 2—Greenhouse gas
639Simplified outline
640Remedial directions to current holders of permits, leases and licences
641Site closing directions to current holders of greenhouse gas injection licences
642Consultation—directions
643Remedial directions to former holders of permits, leases, licences and authorities etc.
644Minister may take action if a direction has not been complied with
645Removal, disposal or sale of property by Minister—noncompliance with a direction
Part 6.5—Offences and enforcement
Division 1—Petroleum
646Simplified outline
647Appointment of petroleum project inspectors
647ANOPSEMA must issue identity cards to petroleum project inspectors
648Minister must issue identity cards to petroleum project inspectors
649Monitoring powers of petroleum project inspectors
650Entry into residential premises
651Facilities and assistance to be provided by occupier or person in charge
652Obstructing or hindering a petroleum project inspector
653Warrants to enter residential premises
654Interfering with offshore petroleum installations or operations
Division 2—Greenhouse gas
655Simplified outline
656Appointment of greenhouse gas project inspectors
657Identity cards of greenhouse gas project inspectors
658Monitoring powers of greenhouse gas project inspectors
659Entry into residential premises
660Facilities and assistance to be provided by occupier or person in charge
661Obstructing or hindering a greenhouse gas project inspector
662Warrants to enter residential premises
663Interfering with greenhouse gas installations or operations
Part 6.6—Safety zones and the area to be avoided
Division 1—Introduction
664Simplified outline
665Simplified map of the area to which Schedule 2 applies
666Definitions
667Authorised persons
Division 2—Petroleum safety zones
668Petroleum safety zones
669Offences in relation to entering or being present in petroleum safety zones
Division 3—Greenhouse gas safety zones
670Greenhouse gas safety zones
671Offences in relation to entering or being present in greenhouse gas safety zones
Division 4—Unauthorised vessel not to enter area to be avoided
672NOPSEMA may authorise entry into area to be avoided
673Unauthorised vessel not to enter area to be avoided
Division 5—Powers of authorised persons
674Requirement to move vessel etc.
675Noncompliance with requirement to move vessel etc.
676Hindering or obstructing an authorised person
677Other powers of authorised persons
678Noncompliance with other requirements in relation to a vessel
679Boarding of vessel must be facilitated
680Hindering or obstructing an authorised person
681Giving false and misleading information
682Warrants to exercise powers in relation to vessels
683Exercise of powers in relation to vessels in serious circumstances without a warrant
Part 6.7—Collection of fees and royalties
Division 1—Fees for petroleum titles
684Fees for certain exploration permits
685Fees for petroleum retention leases
686Fees for petroleum production licences
686AFees for boundary-change petroleum exploration permits
687Fees for infrastructure leases
688Fees for pipeline licences
Division 2—Fees for greenhouse gas titles
689Fees for greenhouse gas titles
Division 3—Royalties for petroleum
690Royalty for petroleum
691Reduction of royalty for petroleum in certain cases
692Royalty for petroleum not payable in certain cases
693Payment of royalty for petroleum
Division 4—Royalties for greenhouse gas injection and storage
694Liability for, and rate of, royalty for greenhouse gas injection and storage
695Minister may vary royalty for greenhouse gas injection and storage
696When royalty for greenhouse gas injection and storage must be paid
Division 5—Late payment and recovery of fees and royalties
697Late payment penalty
698Recovery of fee or royalty debts
Part 6.8—Occupational health and safety
699Occupational health and safety
700Listed OHS laws
701Regulations relating to occupational health and safety
Part 6.9—National Offshore Petroleum Safety and Environmental Management Authority
Division 1—Introduction
702Simplified outline
703Definitions
Division 2—Functions and powers of NOPSEMA
704NOPSEMA's functions
705NOPSEMA's ordinary powers
706Judicial notice of seal
707Power to refer matters to NOGSAC
Division 3—NOPSEMA Board
708Functions of the Board
709Powers of the Board
710Validity of decisions
Division 4—Chief Executive Officer and staff of NOPSEMA
711CEO acts for NOPSEMA
712Working with the Board
713Delegation
714Secondments to NOPSEMA
Division 5—Other NOPSEMA provisions
715Minister may require NOPSEMA to prepare reports or give information
716Directions to NOPSEMA
717NOPSEMA must comply with directions
718Liability for acts and omissions—OHS
718ALiability for acts and omissions—Structural integrity law, petroleum safety zones and the area to be avoided
Part 6.10—Using and sharing offshore information and things
Division 1—Introduction
718BSimplified outline
718CDefinitions
718DScope of Part
Division 2—Minister's use of offshore information and things
718EPurposes for which Minister may use offshore information or things
Division 3—NOPSEMA's use of offshore information and things
718FPurposes for which NOPSEMA may use offshore information or things
Division 4—Sharing offshore information or things
718GSharing offshore information or things for the purposes of this Act
718HMinister may share offshore information or things with other entities
718HAMinister to make information available to Commonwealth Minister
718IPersonal information
Chapter 7—Information relating to petroleum
Part 7.1—Data management and gathering of information
Division 1—Introduction
719Simplified outline
Division 2—Data management
720Direction to keep records
721Regulations about data management
Division 3—Information‑gathering powers
722Minister or petroleum project inspector may obtain information and documents
723Copying documents—reasonable compensation
724Power to examine on oath or affirmation
725Self‑incrimination
726Copies of documents
727Minister or petroleum project inspector may retain documents
728False or misleading information
729False or misleading documents
730False or misleading evidence
Part 7.2—Release of regulatory information
731Notifiable events—Government Gazette notice
Part 7.3—Release of technical information
Division 1—Introduction
732Simplified outline
733Definitions
Division 2—Protection of confidentiality of information and samples
Subdivision 1—Information and samples obtained by the Minister
734Protection of confidentiality of documentary information obtained by the Minister
735Protection of confidentiality of petroleum mining samples obtained by the Minister
736Minister may make information or samples available to other Ministers
Subdivision 2—Information and samples obtained by a Victorian Minister
737Protection of confidentiality of information obtained by a Victorian Minister
738Protection of confidentiality of petroleum mining samples obtained by a Victorian Minister
Subdivision 3—Miscellaneous
739Fees
740Review by Minister
741Privacy and Data Protection Act 2014
Chapter 8—Information relating to greenhouse gas
Part 8.1—Data management and gathering of information
Division 1—Introduction
742Simplified outline
Division 2—Data management
743Direction to keep records
744Regulations about data management
Division 3—Information‑gathering powers
745Minister or greenhouse gas project inspector may obtain information and documents
746Copying documents—reasonable compensation
747Power to examine on oath or affirmation
748Self‑incrimination
749Copies of documents
750Minister or greenhouse gas project inspector may retain documents
(4)If an old petroleum retention lease was cancelled under section 38E of the Petroleum (Submerged Lands) Act 1982, this Act has effect as if the lease had been revoked.
(5)If an old petroleum access authority was cancelled under the Petroleum (Submerged Lands) Act 1982, this Act has effect as if the authority had been revoked.
37Surrender of old title
Section 266 of this Act has effect, in relation to the surrender of an old title, as if—
(a)the reference in subsection (3)(a) of that section to this Act included a reference to the Petroleum (Submerged Lands) Act 1982; and
(b)each reference in subsections (3)(b) and (5)(a) of that section to Chapter 2, Chapter 4, Chapter 6 or Part 7.1 of this Act included a reference to Part III of the Petroleum (Submerged Lands) Act 1982; and
(c)each reference in subsections (3)(b) and (5)(a) of that section to regulations under this Act included a reference to regulations under the Petroleum (Submerged Lands) Act 1982.
38Cancellation of old titles
Sections 270 and 273 of this Act have effect, in relation to the cancellation of an old title, as if—
(a)each reference in those sections to Chapter 2, Chapter 4, Chapter 6 or Part 7.1 of this Act included a reference to Part III of the Petroleum (Submerged Lands) Act 1982; and
(b)each reference in those sections to regulations under this Act included a reference to regulations under the Petroleum (Submerged Lands) Act 1982; and
(c)each reference in those sections to this Act included a reference to the Petroleum (Submerged Lands) Act 1982.
39Commencement of works or operations
(1)This clause applies if, immediately before the commencement day, an instrument under section 96(2) of the Petroleum (Submerged Lands) Act 1982 was in force in relation to—
(a)an old petroleum exploration permit; or
(b)an old petroleum retention lease; or
(c)an old petroleum production licence; or
(d)an old infrastructure licence; or
(e)an old pipeline licence.
(2)The instrument ceases to be in force on the commencement day.
(3)Section 615(2) of this Act has effect, in relation to the permit, lease or licence referred to in subclause (1)(a), (b), (d) or (e), as if the period specified in the instrument under section 96(2)(b) of the Petroleum (Submerged Lands) Act 1982 had been allowed by the Minister under section 615(2)(b) of this Act.
40Deduction of debts from proceeds of sale of property
Section 638(2) of this Act has effect as if the reference in that section to this Act included a reference to the Petroleum (Submerged Lands) Act 1982.
41Authorised persons
(1)This clause applies if, immediately before the commencement day, an authorisation under section 151A(4) of the Petroleum (Submerged Lands) Act 1982 was in force in relation to a person or a person included in a class of persons.
(2)This Act has effect as if the Minister had made a declaration under section 667(2) of this Act in relation to that person, or a person included in that class of persons, as the case requires.
42Release of technical information—deemed time of receipt of certain information and samples
(1)For the purposes of Part 7.3 of this Act—
(a)cores and cuttings relating to the drilling of a well; and
(b)well data relating to the drilling of a well; and
(c)logs relating to the drilling of a well; and
(d)sample descriptions and other documents relating to the drilling of a well—
are taken to have been given to the Minister not later than 30 days after the drilling of the well was, in the Minister's opinion, substantially completed.
(2)For the purposes of Part 7.3 of this Act, geophysical or geochemical data relating to geophysical or geochemical surveys are taken to have been given to the Minister not later than one year after the geophysical or geochemical field work was, in the Minister's opinion, substantially completed.
43Liability for acts and omissions
Despite the repeal of section 151ZS of the Petroleum (Submerged Lands) Act 1982, that section continues to apply, in relation to an act or matter done or omitted to be done before the commencement day, as if that repeal had not happened.
44Meaning of petroleum in the Petroleum (Submerged Lands) Act 1982
Disregard the definition of petroleum in section 6 of this Act in determining the meaning that the expression petroleum has or had in the Petroleum (Submerged Lands) Act 1982.
45OHS inspections
Clause 55 of Schedule 3 to this Act has effect, after the commencement day, as if the following paragraphs were inserted after each of subclauses (1)(c) and (2)(c) of that clause—
(d)to ascertain whether the requirements of, or any requirements properly made under—
(i)Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1982 (as in force before the commencement day); or
(ii)the regulations (within the meaning of Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1982 as in force before 1 January 2005); or
(iii)regulations set out in or prescribed for the purposes of section 151ZD of the repealed Petroleum (Submerged Lands) Act 1982 as in force during the period that began on 1 January 2005 and ended immediately before the commencement day—
were being complied with before the commencement day; or
(e)concerning a contravention, or possible contravention, before the commencement day, of—
(i)Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1982 (as in force before the commencement day); or
(ii)the regulations (within the meaning of Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1982 as in force before 1 January 2005); or
(iii)regulations set out in or prescribed for the purposes of section 151ZD of the repealed Petroleum (Submerged Lands) Act 1982 as in force during the period that began on 1 January 2005 and ended immediately before the commencement day; or
(f)concerning an accident or dangerous occurrence that has happened, before the commencement day, in the performing of work (within the meaning of Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1982 as in force before the commencement day).
46OHS prosecutions
Clause 103 of Schedule 3 to this Act has effect, after the commencement day, as if each reference in that clause to a listed OHS law included a reference to—
(a)Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1982 as in force before the commencement day; and
(b)the regulations within the meaning of that Schedule as in force before 1 January 2005.
47Disqualification of health and safety representatives
Clause 38(2) of Schedule 3 to this Act has effect as if—
(a)the reference in that clause to clause 40(1) of that Schedule included a reference to the corresponding provision of Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1982; and
(b)the reference in that clause to Schedule 3 to this Act included a reference to Schedule 7 to the repealed Petroleum (Submerged Lands) Act 1982.
48Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014
(1)Part 6.10 of this Act applies in relation to the following—
(a)offshore information, to the extent that it is personal information, obtained on and after the day on which section 67 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 came into operation;
(b)other offshore information obtained before, on or after that day;
(c)things obtained before, on or after that day.
(2)The Governor in Council may make regulations in relation to matters of a savings or transitional nature consequent on the enactment of section 67 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014.
(3)In this clause—
offshore information has the same meaning as in section 718D;
personal information has the same meaning as in the Privacy and Data Protection Act 2014.
* * * * *
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 4 February 2010
Legislative Council: 25 February 2010
The long title for the Bill for this Act was "A Bill for an Act to regulate petroleum exploration and recovery activities and petroleum facilities and the geological storage of carbon dioxide in the Victorian offshore area and for other purposes."
The Offshore Petroleum and Greenhouse Gas Storage Act 2010 was assented to on 23 March 2010 and came into operation on 1 January 2012: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Offshore Petroleum and Greenhouse Gas Storage Act 2010 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Energy and Resources Legislation Amendment Act 2010, No. 55/2010
Assent Date: 14.9.10 Commencement Date: S. 80 on 14.10.10: Government Gazette 14.10.10 p. 2404 CurrentState: This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010
Traditional Owner Settlement Act 2010, No. 62/2010
Assent Date: 21.9.10 Commencement Date: Ss 141, 142 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1 CurrentState: This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010
Transport Accident and Accident Compensation Legislation Amendment Act 2010, No. 80/2010
Assent Date: 19.10.10 Commencement Date: S. 161 on 20.10.10: s. 2(1) CurrentState: This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010
Resources Legislation Amendment Act 2011, No. 53/2011
Assent Date: 18.10.11 Commencement Date: Ss 20, 21 on 20.3.12: Special Gazette (No. 91) 20.3.12 p. 1 CurrentState: This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010
Statute Law Revision Act 2012, No. 43/2012
Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 35) on 28.6.12: s. 2(1) CurrentState: This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010
Resources Legislation Amendment (General) Act 2012, No. 64/2012
Assent Date: 30.10.12 Commencement Date: Ss 62–68 on 1.12.12: Special Gazette (No. 399) 27.11.12 p. 1 CurrentState: This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010
Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Act 2012, No. 74/2012
Assent Date: 4.12.12 Commencement Date: Ss 4–54 on 1.1.13: s. 2 CurrentState: This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010
Statute Law Revision Act 2013, No. 70/2013
Assent Date: 19.11.13 Commencement Date: S. 3(Sch. 1 item 39) on 1.12.13: s. 2(1) CurrentState: This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 118) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 CurrentState: This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010
Privacy and Data Protection Act 2014, No. 60/2014
Assent Date: 2.9.14 Commencement Date: S. 140(Sch. 3 item 32) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 CurrentState: This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010
Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014, No. 68/2014
Assent Date: 23.9.14 Commencement Date: Ss 66-68 on 1.9.15: s. 2(3) Current State: This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010
Offshore Petroleum and Greenhouse Gas Storage Amendment Act 2018, No. 16/2018
Assent Date: 29.5.18 Commencement Date: Ss 4–32 on 1.10.18: s. 2(2) Current State: This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010
Marine and Coastal Act 2018, No. 26/2018
Assent Date: 26.6.18 Commencement Date: S. 95 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1 Current State: This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010
Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)
Assent Date: 28.8.18 Commencement Date: S. 45 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1 Current State: This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010
Petroleum Legislation Amendment Act 2020, No. 20/2020
Assent Date: 23.6.20 Commencement Date: Ss 31, 32 on 24.6.20: s. 2(2) Current State: This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010
Offshore Petroleum and Greenhouse Gas Storage (Cross-boundary Greenhouse Gas Titles and Other Matters) Amendment Act 2021, No. 26/2021
Assent Date: 28.6.21 Commencement Date: Ss 4–43 on 29.6.21: s. 2 Current State: This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010
Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022
Assent Date: 29.3.22 Commencement Date: Ss 62, 70, 74 on 30.3.22: s. 2(3) Current State: This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010
Offshore Petroleum and Greenhouse Gas Storage Amendment Act 2024, No. 42/2024
Assent Date: 6.11.24 Commencement Date: Ss 4–33 on 7.11.24: s. 2 Current State: This information relates only to the provision/s amending the Offshore Petroleum and Greenhouse Gas Storage Act 2010
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3 Explanatory details
No entries at date of publication.
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