Offshore Petroleum and Greenhouse Gas Storage Amendment Act 2016 (Cth)

Offshore Petroleum and Greenhouse Gas Storage Amendment Act 2016

No. 13, 2016

An Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for other purposes

Contents

Offshore Petroleum and Greenhouse Gas Storage Amendment Act 2016

No. 13, 2016

An Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for other purposes

[Assented to 29 February 2016]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Offshore Petroleum and Greenhouse Gas Storage Amendment Act 2016.

2Commencement

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this Act	The day after this Act receives the Royal Assent.	1 March 2016

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

1. (2)

   Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1

Section 7

Insert:

Environment Minister means the Minister administering the Environment Protection and Biodiversity Conservation Act 1999.

2

After Part 9.10B

Insert:

Part 9.10C—Commonwealth reserves

Division 1—Introduction

780JSimplified outline of this Part

• This Part is about the renewal, or the extension of the term, of a petroleum title, where:

1. (a)

   the relevant title area is wholly or partly located in a Commonwealth reserve (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999); and

2. (b)

   the title was in force immediately before the declaration of the Commonwealth reserve.

• This Part validates a renewal, or an extension of the term, of a petroleum title that:

1. (a)

   occurred before 1 January 2016; and

(b)

was invalid because consent was not given by the Environment Minister under subsection 359(3) of the Environment Protection and Biodiversity Conservation Act 1999.

Note 1: Subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999, exempts certain usage rights from:

(a) the regulatory regime in Division 4 of Part 15 of that Act; and

(b) the provisions of a management plan for a Commonwealth reserve.

Note 2: Under subsection 359(3) of the Environment Protection and Biodiversity Conservation Act 1999, certain usage rights cannot be renewed or extended without the consent of the Environment Minister.

Division 2—Validation etc.

780KValidation of certain renewals and extensions

1. (1)

   If:

   1. (a)

      before 1 January 2016:

      1. (i)

         a petroleum exploration permit was purportedly renewed under this Act; or

      2. (ii)

         a petroleum retention lease was purportedly renewed under this Act; or

      3. (iii)

         a fixed‑term petroleum production licence was purportedly renewed under this Act; and

   2. (b)

      the purported renewal would, apart from this subsection, be invalid because consent was not given under subsection 359(3) of the Environment Protection and Biodiversity Conservation Act 1999;

the purported renewal is as valid and effective, and is taken always to have been as valid and effective, as it would have been if:

1. (c)

   consent had been given under that subsection; and

2. (d)

   that consent had not been subject to any conditions.

1. (2)

   If:

   1. (a)

      before 1 January 2016:

      1. (i)

         the term of a petroleum exploration permit was purportedly extended under this Act; or

      2. (ii)

         the term of a petroleum retention lease was purportedly extended under this Act; and

   2. (b)

      the purported extension would, apart from this subsection, be invalid because consent was not given under subsection 359(3) of the Environment Protection and Biodiversity Conservation Act 1999;

the purported extension is as valid and effective, and is taken always to have been as valid and effective, as it would have been if:

1. (c)

   consent had been given under that subsection; and

2. (d)

   that consent had not been subject to any conditions.

780LApplication of EPIC exemption regime to certain petroleum titles

Petroleum exploration permit

1. (1)

   If:

   1. (a)

      subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applied to a petroleum exploration permit granted before the commencement of this section (the earlier permit); and

   2. (b)

      the earlier permit was renewed before the commencement of this section;

subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applies, and is taken always to have applied, to the petroleum exploration permit granted by way of renewal in a corresponding way to the way in which it applied to the earlier permit.

1. (2)

   If:

   1. (a)

      subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applies or applied to a petroleum exploration permit granted before the commencement of this section; and

   2. (b)

      the term of the permit was extended before the commencement of this section;

subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 continues to apply, and is taken to have continued to apply, to the permit during the period of the extension.

Petroleum retention lease

1. (3)

   If:

   1. (a)

      subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applied to a petroleum retention lease granted before the commencement of this section (the earlier lease); and

   2. (b)

      the earlier lease was renewed before the commencement of this section;

subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applies, and is taken always to have applied, to the petroleum retention lease granted by way of renewal in a corresponding way to the way in which it applied to the earlier lease.

1. (4)

   If:

   1. (a)

      subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applies or applied to a petroleum retention lease granted before the commencement of this section; and

   2. (b)

      the term of the lease was extended before the commencement of this section;

subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 continues to apply, and is taken to have continued to apply, to the lease during the period of the extension.

Fixed‑term petroleum production licence

1. (5)

   If:

   1. (a)

      subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applied to a fixed‑term petroleum production licence granted before the commencement of this section (the earlier licence); and

   2. (b)

      the earlier licence was renewed before the commencement of this section;

subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applies, and is taken always to have applied, to the fixed‑term petroleum production licence granted by way of renewal in a corresponding way to the way in which it applied to the earlier licence.

1. (6)

   If:

   1. (a)

      subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applies or applied to a petroleum production licence granted before the commencement of this section; and

   2. (b)

      the term of the licence was extended before the commencement of this section;

subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 continues to apply, and is taken to have continued to apply, to the licence during the period of the extension.

[Minister’s second reading speech made in—

House of Representatives on 11 February 2016

Senate on 23 February 2016]

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