Offshore Petroleum and Greenhouse Gas Storage Amendment (Cross-boundary Greenhouse Gas Titles and Other Measures) Act 2020 (Cth)
Contents
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The Parliament of Australia enacts:
This Act is the
Offshore Petroleum and Greenhouse Gas Storage Amendment (Cross‑boundary Greenhouse Gas Titles and Other Measures) Act 2020 .
(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.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 15 May 2020 |
Schedule 1, Parts 1 and 2 | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 1 October 2020 (F2020N00102) |
Schedule 1, Part 3 | The later of:
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | |
Schedule 2 | The day after this Act receives the Royal Assent. | 16 May 2020 |
Schedule 3, Part 1, Division 1 | The day after this Act receives the Royal Assent. | 16 May 2020 |
Schedule 3, Part 1, Division 2 | 26 July 2018. | 26 July 2018 |
Schedule 3, Part 2 | The day after this Act receives the Royal Assent. | 16 May 2020 |
Schedule 4, Part 1 | The later of:
| 16 May 2020 (paragraph (a) applies) |
Schedule 4, Part 2 | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day that the provisions covered by table item 8 commenced, they commence on the day after the end of that period. | 1 October 2020 (F2020N00102) |
Schedule 4, Part 3 | The later of:
| 16 May 2020 (paragraph (a) applies) |
Schedule 4, Part 4 | The later of:
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | |
Note: This table relates only to the provisions of this Act as originally enacted.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.
(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.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 — Cross‑boundary greenhouse gas storage etc.
Repeal the definition, substitute:
approved means approved in writing by the Titles Administrator. This definition does not apply to:
(a) the expression
approved site plan ; or(b) section 286A; or
(c) section 452A; or
(d) section 650; or
(e) subsection 695B(3); or
(f) section 695F.
Omit “or 282”, substitute “, 282, 461A or 462”.
Insert:
compatible cross‑boundary law has the meaning given by section 24A.
consolidated work‑bid greenhouse gas assessment permit means:
(a) a greenhouse gas assessment permit granted under Subdivision B of Division 2 of Part 3.2; or
(b) a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of the renewal of a permit referred to in paragraph (a).
Cross‑boundary Authority has the meaning given by section 76A and, when used in the expressionthe Cross‑boundary Authority , means the Cross‑boundary Authority for the offshore area concerned.
cross‑boundary greenhouse gas assessment permit means a greenhouse gas assessment permit granted under:
(a) Division 3A of Part 3.2; or
(b) Subdivision B of Division 4 of Part 3.2.
cross‑boundary greenhouse gas holding lease means a greenhouse gas holding lease granted under:
(a) Subdivision AA, BA or CA of Division 2 of Part 3.3; or
(b) Subdivision B of Division 3 of Part 3.3.
cross‑boundary greenhouse gas injection licence means a greenhouse gas injection licence granted under Subdivision AA of Division 2 of Part 3.4.
4
Section 7 (paragraph (b) of the definition of fundamental suitability determinants ) After “312(11)”, insert “or 312A(11)”.
Insert:
holder , in relation to:
(a) a State/Territory petroleum exploration title; or
(b) a State/Territory petroleum retention title; or
(c) a State/Territory petroleum production title; or
(d) a State/Territory greenhouse gas assessment title;
means the person who, under a law of a State or Territory, is the registered holder of the State/Territory petroleum exploration title, the State/Territory petroleum retention title, the State/Territory petroleum production title or the State/Territory greenhouse gas assessment title, as the case may be.
6
Section 7 (definition of identified greenhouse gas storage formation ) After “312”, insert “or 312A”.
7
Section 7 (at the end of the definition of offshore area ) Add:
Note 4: See also section 295B (permit area of a cross‑boundary greenhouse gas assessment permit is taken to be included in the offshore area).
Note 5: See also section 323B (lease area of a cross‑boundary greenhouse gas holding lease is taken to be included in the offshore area).
Note 6: See also section 360A (licence area of a cross‑boundary greenhouse gas injection licence is taken to be included in the offshore area).
Insert:
original consolidated work‑bid greenhouse gas assessment permit means a consolidated work‑bid greenhouse gas assessment permit that was granted otherwise than by way of renewal.
original cross‑boundary greenhouse gas assessment permit means a cross‑boundary greenhouse gas assessment permit granted otherwise than by way of renewal.
original cross‑boundary greenhouse gas holding lease means a cross‑boundary greenhouse gas holding lease granted otherwise than by way of renewal.
original State/Territory greenhouse gas assessment title means a State/Territory greenhouse gas assessment title granted otherwise than by way of renewal.
original State/Territory petroleum exploration title means a State/Territory petroleum exploration title granted otherwise than by way of renewal.
original State/Territory petroleum retention title means a State/Territory petroleum retention title granted otherwise than by way of renewal.
post‑commencement State/Territory petroleum exploration title means:
(a) an original State/Territory petroleum exploration title that was granted:
(i) under a law of a State or Territory; and
(ii) after the commencement of the provisions of the law that correspond to Chapter 3; or
(b) a State/Territory petroleum exploration title that was granted by way of renewal, where the original State/Territory petroleum exploration title was granted:
(i) under a law of a State or Territory; and
(ii) after the commencement of the provisions of the law that correspond to Chapter 3.
post‑commencement State/Territory petroleum production title means:
(a) a State/Territory petroleum production title that was granted to the holder of:
(i) a post‑commencement State/Territory petroleum exploration title; or
(ii) a post‑commencement State/Territory petroleum retention title;
that was in force over the State/Territory block or State/Territory blocks to which the State/Territory petroleum production title relates; or
(b) a State/Territory petroleum production title granted under a provision of a law of a State or Territory that corresponds to section 181; or
(c) a State/Territory petroleum production title granted under a provision of a law of a State or Territory that corresponds to section 183, where the initial State/Territory petroleum production title mentioned in the provision of a law of a State or Territory that corresponds to section 182 was a post‑commencement State/Territory petroleum production title; or
(d) a State/Territory petroleum production title granted under a provision of a law of a State or Territory that corresponds to section 183A; or
(e) a State/Territory petroleum production title that was granted by way of renewal, where the original State/Territory petroleum production title was granted under a provision of a law of a State or Territory that corresponds to section 183A.
post‑commencement State/Territory petroleum retention title means:
(a) an original State/Territory petroleum retention title that was granted to the holder of:
(i) a post‑commencement State/Territory petroleum exploration title; or
(ii) a post‑commencement State/Territory petroleum production title;
that was in force over the State/Territory block or State/Territory blocks to which the original State/Territory petroleum retention title relates; or
(b) a State/Territory petroleum retention title that was granted by way of renewal, where the original State/Territory petroleum retention title was granted to the holder of:
(i) a post‑commencement State/Territory petroleum exploration title; or
(ii) a post‑commencement State/Territory petroleum production title;
that was in force over the State/Territory block or State/Territory blocks to which the original State/Territory petroleum retention title related; or
(c) a State/Territory petroleum retention title granted under a provision of a law of a State or Territory that corresponds to section 152A; or
(d) a State/Territory petroleum retention title that was granted by way of renewal, where the original State/Territory petroleum retention title was granted under a provision of a law of a State or Territory that corresponds to section 152A.
post‑commencement State/Territory petroleum title means:
(a) a post‑commencement State/Territory petroleum exploration title; or
(b) a post‑commencement State/Territory petroleum retention title; or
(c) a post‑commencement State/Territory petroleum production title.
pre‑commencement State/Territory petroleum exploration title means a State/Territory petroleum exploration title other than a post‑commencement State/Territory petroleum exploration title.
pre‑commencement State/Territory petroleum production title means a State/Territory petroleum production title other than a post‑commencement State/Territory petroleum production title.
pre‑commencement State/Territory petroleum retention title means a State/Territory petroleum retention title other than a post‑commencement State/Territory petroleum retention title.
pre‑commencement State/Territory petroleum title means:
(a) a pre‑commencement State/Territory petroleum exploration title; or
(b) a pre‑commencement State/Territory petroleum retention title; or
(c) a pre‑commencement State/Territory petroleum production title.
relevant area :
(a) in relation to a State/Territory greenhouse gas assessment title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or
(b) in relation to a pre‑commencement State/Territory petroleum title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or
(c) in relation to a pre‑commencement State/Territory petroleum exploration title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or
(d) in relation to a pre‑commencement State/Territory petroleum retention title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or
(e) in relation to a State/Territory petroleum production title—means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title.
After “27,”, insert “27A,”.
After “28”, insert “, 28A”.
Insert:
special cross‑boundary greenhouse gas holding lease means a greenhouse gas holding lease granted under section 342C.
State/Territory block , when used in relation to:
(a) a State/Territory petroleum exploration title; or
(b) a State/Territory petroleum retention title; or
(c) a State/Territory petroleum production title; or
(d) a State/Territory greenhouse gas assessment title;
means a block within the meaning of the State PSLA or Territory PSLA under which the title was granted, so long as no part of the block is within the limits of a State or Territory. For this purpose,
State PSLA andTerritory PSLA have the same meaning as in Part 6.9.
State/Territory greenhouse gas assessment title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or the Northern Territory, rights that correspond to the rights that a greenhouse gas assessment permit confers in relation to the offshore area of the State or the Principal Northern Territory offshore area, as the case requires.
State/Territory greenhouse gas storage administrator has the meaning given by section 30A.
State/Territory identified greenhouse gas storage formation means an identified greenhouse gas storage formation within the meaning of a State PSLA or Territory PSLA. For this purpose,State PSLA andTerritory PSLA have the same meaning as in Part 6.9.
Insert:
(1) The responsible Commonwealth Minister may, by legislative instrument, declare a law of a State to be a
compatible cross‑boundary law for the purposes of this Act.(2) The responsible Commonwealth Minister may, by legislative instrument, declare a law of the Northern Territory to be a
compatible cross‑boundary law for the purposes of this Act.(3) The responsible Commonwealth Minister must not, in exercising the power conferred by subsection (1), give preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.
Add “
(general) ”.
Insert:
(1) For the purposes of sections 292A and 321A and paragraph 749(2)(ba), the question of whether there is a significant risk that a key greenhouse gas operation will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing petroleum exploration permit; or
(b) an existing petroleum retention lease; or
(c) an existing petroleum production licence; or
(d) a future petroleum exploration permit; or
(e) a future petroleum retention lease; or
(f) a future petroleum production licence; or
(g) an existing State/Territory petroleum exploration title; or
(h) an existing State/Territory petroleum retention title; or
(i) an existing State/Territory petroleum production title; or
(j) a future State/Territory petroleum exploration title; or
(k) a future State/Territory petroleum retention title; or
(l) a future State/Territory petroleum production title;
is to be determined in a manner ascertained in accordance with the regulations.
(2) A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:
(a) the probability, or range of probabilities, of the occurrence of the adverse impact; and
(b) the economic consequences of the adverse impact; and
(c) the economic consequences of the adverse impact relative to the potential economic value of the petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under the permit, lease, licence or title referred to in whichever of paragraph (1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) or (l) is applicable.
(3) Subsection (2) does not limit the matters that may be taken into account.
(4) Subsections (1) and (2) have effect subject to subsections (5) and (6).
(5) For the purposes of sections 292A and 321A and paragraph 749(2)(ba), a key greenhouse gas operation will have an adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing petroleum exploration permit; or
(b) an existing petroleum retention lease; or
(c) an existing petroleum production licence; or
(d) a future petroleum exploration permit; or
(e) a future petroleum retention lease; or
(f) a future petroleum production licence; or
(g) an existing State/Territory petroleum exploration title; or
(h) an existing State/Territory petroleum retention title; or
(i) an existing State/Territory petroleum production title; or
(j) a future State/Territory petroleum exploration title; or
(k) a future State/Territory petroleum retention title; or
(l) a future State/Territory petroleum production title;
if, and only if, the key greenhouse gas operation will result in:
(m) an increase in the capital costs (other than prescribed costs) of the petroleum exploration operations or petroleum recovery operations; or
(n) an increase in the operating costs (other than prescribed costs) of the petroleum exploration operations or petroleum recovery operations; or
(o) a reduction in the rate of recovery of the petroleum; or
(p) a reduction in the quantity of the petroleum that will be able to be recovered.
(6) For the purposes of sections 292A and 321A and paragraph 749(2)(ba), if there is a risk that a key greenhouse gas operation will have an adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing petroleum exploration permit; or
(b) an existing petroleum retention lease; or
(c) an existing petroleum production licence; or
(d) a future petroleum exploration permit; or
(e) a future petroleum retention lease; or
(f) a future petroleum production licence; or
(g) an existing State/Territory petroleum exploration title; or
(h) an existing State/Territory petroleum retention title; or
(i) an existing State/Territory petroleum production title; or
(j) a future State/Territory petroleum exploration title; or
(k) a future State/Territory petroleum retention title; or
(l) a future State/Territory petroleum production title;
then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability‑weighted impact cost of the key greenhouse gas operation is less than the amount that, under the regulations, is taken to be the threshold amount.
Add “
(general) ”.
Insert:
(1) For the purposes of section 368B and paragraph 749(2)(ca), the question of whether there is a significant risk that any of the operations that could be carried on under a greenhouse gas injection licence will have a significant adverse impact on operations that are being, or could be, carried on under:
(a) an existing petroleum exploration permit; or
(b) an existing petroleum retention lease; or
(c) an existing petroleum production licence; or
(d) a future petroleum exploration permit; or
(e) a future petroleum retention lease; or
(f) a future petroleum production licence; or
(g) an existing State/Territory petroleum exploration title; or
(h) an existing State/Territory petroleum retention title; or
(i) an existing State/Territory petroleum production title; or
(j) a future State/Territory petroleum exploration title; or
(k) a future State/Territory petroleum retention title; or
(l) a future State/Territory petroleum production title;
is to be determined in a manner ascertained in accordance with the regulations.
(2) A manner ascertained in accordance with regulations made for the purposes of subsection (1) must take into account:
(a) the probability, or range of probabilities, of the occurrence of the adverse impact; and
(b) the economic consequences of the adverse impact; and
(c) the economic consequences of the adverse impact relative to the potential economic value of the operations that are being, or could be, carried on under the permit, lease, licence or title referred to in whichever of paragraph (1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) or (l) is applicable.
(3) Subsection (2) does not limit the matters that may be taken into account.
(4) Subsections (1) and (2) have effect subject to subsections (5) and (6).
(5) For the purposes of section 368B and paragraph 749(2)(ca), an operation that could be carried on under a greenhouse gas injection licence (the
injection licence operation ) will have an adverse impact on operations (therelevant petroleum operations ) that are being, or could be, carried on under:
(a) an existing petroleum exploration permit; or
(b) an existing petroleum retention lease; or
(c) an existing petroleum production licence; or
(d) a future petroleum exploration permit; or
(e) a future petroleum retention lease; or
(f) a future petroleum production licence; or
(g) an existing State/Territory petroleum exploration title; or
(h) an existing State/Territory petroleum retention title; or
(i) an existing State/Territory petroleum production title; or
(j) a future State/Territory petroleum exploration title; or
(k) a future State/Territory petroleum retention title; or
(l) a future State/Territory petroleum production title;
if, and only if, the injection licence operation will result in:
(m) an increase in the capital costs (other than prescribed costs) of the relevant petroleum operations; or
(n) an increase in the operating costs (other than prescribed costs) of the relevant petroleum operations; or
(o) a reduction in the rate of recovery of the petroleum; or
(p) a reduction in the quantity of the petroleum that will be able to be recovered.
(6) For the purposes of section 368B and paragraph 749(2)(ca), if there is a risk that an operation that could be carried on under a greenhouse gas injection licence (the
injection licence operation ) will have an adverse impact on operations that are being, or could be, carried on under:
(a) an existing petroleum exploration permit; or
(b) an existing petroleum retention lease; or
(c) an existing petroleum production licence; or
(d) a future petroleum exploration permit; or
(e) a future petroleum retention lease; or
(f) a future petroleum production licence; or
(g) an existing State/Territory petroleum exploration title; or
(h) an existing State/Territory petroleum retention title; or
(i) an existing State/Territory petroleum production title; or
(j) a future State/Territory petroleum exploration title; or
(k) a future State/Territory petroleum retention title; or
(l) a future State/Territory petroleum production title;
then that risk is not to be treated as significant, and that adverse impact is not to be treated as significant, if the amount that, under the regulations, is taken to be the probability‑weighted impact cost of the injection licence operation is less than the amount that, under the regulations, is taken to be the threshold amount.
Insert:
(1) For the purposes of this Act,
State/Territory greenhouse gas storage administrator of a State means:
(a) if a person:
(i) performs functions, or exercises powers, under the provisions of the law of the State that correspond to Chapter 5; and
(ii) is specified in a written notice given by the responsible State Minister to the Titles Administrator for the purposes of this paragraph;
that person; or
(b) otherwise—the responsible State Minister.
(2) For the purposes of this Act,
State/Territory greenhouse gas storage administrator of the Northern Territory means:
(a) if a person:
(i) performs functions, or exercises powers, under the provisions of the law of the Northern Territory that correspond to Chapter 5; and
(ii) is specified in a written notice given by the responsible Northern Territory Minister to the Titles Administrator for the purposes of this paragraph;
that person; or
(b) otherwise—the responsible Northern Territory Minister.
(3) The Titles Administrator must publish on the Titles Administrator’s website a copy of a notice under paragraph (1)(a) or (2)(a).
(4) A notice under paragraph (1)(a) or (2)(a) may specify:
(a) a person by name; or
(b) any person from time to time holding, or performing the duties of, a specified office or position.
(5) A notice under paragraph (1)(a) or (2)(a) is not a legislative instrument.
Insert:
(ma) paragraph 292A(5)(g);
(mb) paragraph 292A(6)(d);
(mc) subsection 292A(11);
(md) subsection 292A(12);
Insert:
(qa) paragraph 321A(5)(g);
(qb) paragraph 321A(6)(d);
(qc) subsection 321A(11);
(qd) subsection 321A(12);
Insert:
(va) subparagraph 368B(1)(d)(iii);
(vb) subparagraph 368B(1)(e)(iii);
(vc) subparagraph 368B(1)(f)(iii);
(vd) subparagraph 368B(1)(g)(iii);
(ve) subparagraph 368B(2)(d)(iii);
(vf) subparagraph 368B(2)(e)(iii);
(vg) subparagraph 368B(2)(f)(iii);
(vh) subparagraph 368B(2)(g)(iii);
(vj) paragraph 368B(3)(a);
Omit “Note”, substitute “Note 1”.
Add:
Note 2: See also section 461A (certain State/Territory blocks to be blocks).
Note 3: See also section 462 (certain portions of blocks to be blocks).
Insert:
• There is:
(a) a Cross‑boundary Authority for each offshore area of a State; and
(b) a Cross‑boundary Authority for the Principal Northern Territory offshore area.
• The Cross‑boundary Authority for an offshore area of a State is constituted by:
(a) the responsible State Minister; and
(b) the responsible Commonwealth Minister.
• The Cross‑boundary Authority for the Principal Northern Territory offshore area is constituted by:
(a) the responsible Northern Territory Minister; and
(b) the responsible Commonwealth Minister.
• A Cross‑boundary Authority has the functions and powers conferred on the Cross‑boundary Authority by this Act or the regulations.
Note: The main function of a Cross‑boundary Authority is to grant cross‑boundary greenhouse gas assessment permits, cross‑boundary greenhouse gas holding leases and cross‑boundary greenhouse gas injection licences.
(1) For the purposes of this Act, there is:
(a) a Cross‑boundary Authority for each offshore area of a State; and
(b) a Cross‑boundary Authority for the Principal Northern Territory offshore area.
State
(2) The Cross‑boundary Authority for an offshore area of a State is constituted by:
(a) the responsible State Minister; and
(b) the responsible Commonwealth Minister;
and is to be known as the Commonwealth‑[name of State] Greenhouse Gas Storage Cross‑boundary Authority.
(3) The Cross‑boundary Authority for an offshore area of a State is taken to be the Cross‑boundary Authority for the State.
Northern Territory
(4) The Cross‑boundary Authority for the Principal Northern Territory offshore area is constituted by:
(a) the responsible Northern Territory Minister; and
(b) the responsible Commonwealth Minister;
and is to be known as the Commonwealth‑Northern Territory Greenhouse Gas Storage Cross‑boundary Authority.
(5) The Commonwealth‑Northern Territory Greenhouse Gas Storage Cross‑boundary Authority is taken to be the Cross‑boundary Authority for the Northern Territory.
Consent
(6) Paragraph (1)(a) does not apply to an offshore area of a State unless the State has consented to the responsible State Minister being a member of the Cross‑boundary Authority for the offshore area of the State.
(7) Paragraph (1)(b) does not apply to the Principal Northern Territory offshore area unless the Northern Territory has consented to the responsible Northern Territory Minister being a member of the Cross‑boundary Authority for the Principal Northern Territory offshore area.
(1) A Cross‑boundary Authority for a State has, in relation to the offshore area for that State, the functions and powers that this Act or the regulations confer on a Cross‑boundary Authority.
(2) The Cross‑boundary Authority for the Principal Northern Territory offshore area has, in relation to that offshore area, the functions and powers that this Act or the regulations confer on a Cross‑boundary Authority.
(1) A Cross‑boundary Authority for a State or the Northern Territory may conduct its business:
(a) at meetings of the Cross‑boundary Authority; or
(b) by written or other communication between the members of the Cross‑boundary Authority.
(2) A written communication under paragraph (1)(b) is not a legislative instrument.
Scope
(1) This section applies to decisions to be made by a Cross‑boundary Authority for a State or the Northern Territory on matters that are within the Cross‑boundary Authority’s functions or powers.
Decision‑making
(2) The Cross‑boundary Authority must not make:
(a) a decision under section 291A to specify a condition in an original cross‑boundary greenhouse gas assessment permit; or
(b) a decision to give an offer document under section 307B; or
(c) a decision to give an offer document under subsection 311B(3); or
(d) a decision under section 320A to specify a condition in an original cross‑boundary greenhouse gas holding lease; or
(e) a decision to give an offer document under subsection 350B(3); or
(f) a decision under section 358A to specify a condition in a cross‑boundary greenhouse gas injection licence; or
(g) a decision under subsection 439B(2) to extend the term of a cross‑boundary greenhouse gas assessment permit or cross‑boundary greenhouse gas holding lease; or
(h) a decision under paragraph 439C(2)(b) to allow a longer period;
unless:
(i) the responsible Commonwealth Minister; and
(j) the responsible State Minister or the responsible Northern Territory Minister, as the case may be;
agree about the decision.
(3) If:
(a) the responsible Commonwealth Minister; and
(b) the responsible State Minister or the responsible Northern Territory Minister, as the case may be;
disagree about a decision (other than a decision covered by subsection (2)), the responsible Commonwealth Minister may decide the matter, and the responsible Commonwealth Minister’s decision has effect as the Cross‑boundary Authority’s decision.
(4) If:
(a) the responsible Commonwealth Minister gives:
(i) in the case of a State—the responsible State Minister; or
(ii) in the case of the Northern Territory—the responsible Northern Territory Minister;
written notice of a decision (other than a decision covered by subsection (2)) that the responsible Commonwealth Minister thinks should be made on a matter; and
(b) 30 days pass after the notice is given, and:
(i) in the case of a State—the responsible State Minister has not told the responsible Commonwealth Minister what decision the responsible State Minister thinks should be made; or
(ii) in the case of the Northern Territory—the responsible Northern Territory Minister has not told the responsible Commonwealth Minister what decision the responsible Northern Territory Minister thinks should be made;
the responsible Commonwealth Minister may decide the matter, and the responsible Commonwealth Minister’s decision has effect as the Cross‑boundary Authority’s decision.
For the purposes of this Act, the opinion or state of mind of the Cross‑boundary Authority for a State or the Northern Territory is:
(a) if:
(i) the responsible Commonwealth Minister; and
(ii) the responsible State Minister or the responsible Northern Territory Minister, as the case may be;
agree on the matter concerned—the opinion or state of mind of the 2 Ministers; or
(b) if the 2 Ministers disagree—the opinion or state of mind of the responsible Commonwealth Minister.
(1) The Titles Administrator must cause to be kept written records of the decisions of a Cross‑boundary Authority.
(2) A record kept under subsection (1) in relation to the Cross‑boundary Authority for a State or the Northern Territory is prima facie evidence that the decision was duly made as recorded if the record is signed by a person who was a member of the Cross‑boundary Authority at the time when the decision was made.
(3) A record kept under subsection (1) is not a legislative instrument.
(1) If a document is signed by the Titles Administrator on behalf of a Cross‑boundary Authority, the document is taken to have been duly executed by the Cross‑boundary Authority.
(2) The document is taken to be in accordance with a decision of the Cross‑boundary Authority unless the contrary is proved.
All communications to or by a Cross‑boundary Authority are to be made through the Titles Administrator.
(1) All courts must take judicial notice of:
(a) the signature of a person who is, or has been:
(i) a member of the Cross‑boundary Authority for a State or the Northern Territory; or
(ii) a delegate of the Cross‑boundary Authority for a State or the Northern Territory; and
(b) the fact that the person is, or was at a particular time:
(i) a member of the Cross‑boundary Authority for that State or the Northern Territory, as the case may be; or
(ii) a delegate of the Cross‑boundary Authority for that State or the Northern Territory, as the case may be.
Definition
(2) In this section:
court includes a person authorised to receive evidence:
(a) by a law of the Commonwealth, a State or a Territory; or
(b) by consent of parties.
(1) If this Act requires or allows a Cross‑boundary Authority to:
(a) execute or issue an instrument; or
(b) give a notice; or
(c) communicate a matter;
the Titles Administrator is to do so on behalf of the Cross‑boundary Authority in accordance with a decision of the Cross‑boundary Authority.
(2) For the purposes of any proceedings:
(a) an instrument that purports to be executed or issued by the Titles Administrator on behalf of the Cross‑boundary Authority is taken to have been executed or issued in accordance with a decision of the Cross‑boundary Authority; and
(b) a notice that purports to be given by the Titles Administrator on behalf of the Cross‑boundary Authority is taken to have been given in accordance with a decision of the Cross‑boundary Authority; and
(c) a communication that purports to be made by the Titles Administrator on behalf of the Cross‑boundary Authority is taken to have been made in accordance with a decision of the Cross‑boundary Authority;
unless the contrary is proved.
(1) A Cross‑boundary Authority for a State or the Northern Territory may, by written instrument, delegate any or all of the functions or powers of the Cross‑boundary Authority under this Act or the regulations to 2 persons together, each of whom is one of the following:
(a) an APS employee who is an SES employee or acting SES employee;
(b) an employee of the relevant State, or of the Northern Territory, as the case requires.
Note: The expressions
APS employee ,SES employee andacting SES employee are defined in section 2B of theActs Interpretation Act 1901 .(2) A delegation under this section:
(a) must specify one person as representing the responsible Commonwealth Minister; and
(b) must specify the other person as representing the responsible State Minister or responsible Northern Territory Minister of the Cross‑boundary Authority; and
(c) must be signed by both members of the Cross‑boundary Authority.
Note: See also sections 34AA and 34AB of the
Acts Interpretation Act 1901 .(3) If the Cross‑boundary Authority delegates a function or power under this section, the delegation continues in force despite:
(a) a vacancy in the office of responsible Commonwealth Minister; or
(b) a change in the identity of the holder of the office of responsible Commonwealth Minister; or
(c) a vacancy in the office of responsible State Minister or responsible Northern Territory Minister, as the case may be; or
(d) a change in the identity of the holder of the office of responsible State Minister or responsible Northern Territory Minister, as the case may be.
(4) Despite subsection (3), a delegation under this section may be revoked by the Cross‑boundary Authority in accordance with subsection 33(3) of the
Acts Interpretation Act 1901 .(5) If a delegation is made under this section, sections 76D and 76E do not apply to the delegates.
(6) If the delegates are unable to agree on a matter requiring decision, they must refer the matter to the Cross‑boundary Authority.
(7) In the application to the delegates of a provision of this Act containing a reference to the opinion or state of mind of the Cross‑boundary Authority, the reference is to be read as a reference to the opinion or state of mind of the 2 delegates of the Cross‑boundary Authority unless they disagree.
(8) A referral under subsection (6) is not a legislative instrument.
Omit:
• This Part provides for the grant of greenhouse gas assessment permits over blocks in an offshore area.
substitute:
• This Part provides for:
(a) the grant of greenhouse gas assessment permits over blocks in an offshore area; and
(b) the grant of greenhouse gas assessment permits over blocks in an offshore area and State/Territory blocks in the coastal waters of a State or the Northern Territory.
Omit:• There are 2 types of greenhouse gas assessment permits:
(a) a greenhouse gas assessment permit granted on the basis of work program bidding (a
work‑bid greenhouse gas assessment permit );(b) a greenhouse gas assessment permit granted on the basis of cash bidding (a
cash‑bid greenhouse gas assessment permit ).
substitute:
• There are 3 types of greenhouse gas assessment permits:
(a) a greenhouse gas assessment permit granted on the basis of work program bidding (a
work‑bid greenhouse gas assessment permit ); and(b) a greenhouse gas assessment permit granted on the basis of cash bidding (a
cash‑bid greenhouse gas assessment permit ); and(c) a greenhouse gas assessment permit granted over blocks in the offshore area and State/Territory blocks in the coastal waters of a State or the Northern Territory (a
cross‑boundary greenhouse gas assessment permit ).
Add “
—general ”.
Insert:
(1A) This section does not apply to a cross‑boundary greenhouse gas assessment permit.
Insert:
(1) The Cross‑boundary Authority may grant a cross‑boundary greenhouse gas assessment permit subject to whatever conditions the Cross‑boundary Authority thinks appropriate.
(2) The conditions (if any) must be specified in the permit.
Approval of key greenhouse gas operations
(3) A cross‑boundary greenhouse gas assessment permit is subject to the condition that the permittee will not carry on key greenhouse gas operations under the permit unless:
(a) the responsible Commonwealth Minister has approved the operations under section 292A; and
(b) the permittee complies with the conditions (if any) to which the approval is subject.
Securities
(4) A cross‑boundary greenhouse gas assessment permit is subject to the condition that, if the permittee is given a notice under section 454, the permittee will comply with the notice.
Work to be carried out
(5) Any or all of the following conditions may be specified in a cross‑boundary greenhouse gas assessment permit:
(a) conditions requiring the permittee to carry out work in, or in relation to, the permit area (including conditions requiring the permittee to carry out the work during a period of 12 months or longer, or during periods each of which is 12 months or longer);
(b) conditions relating to the amounts that the permittee must spend in carrying out such work;
(c) conditions requiring the permittee to comply with directions that:
(i) relate to the matters covered by paragraphs (a) and (b); and
(ii) are given in accordance with the permit.
Other provisions
(6) Despite subsection (2), the conditions mentioned in subsections (3) and (4) do not need to be specified in the permit.
(7) Subsections (3), (4) and (5) do not limit subsection (1).
Add “
—general ”.
Insert:
(1A) This section does not apply to a cross‑boundary greenhouse gas assessment permit.
Insert:
(1) A cross‑boundary greenhouse gas assessment permittee may apply to the responsible Commonwealth Minister for approval to carry on one or more key greenhouse gas operations under the permit.
(2) If an application for approval is made under subsection (1), the responsible Commonwealth Minister may:
(a) give the approval, with or without conditions to which the approval is subject; or
(b) by written notice given to the applicant, refuse to give the approval.
Responsible Commonwealth Minister must have regard to certain matters
(3) In deciding whether to give the approval, the responsible Commonwealth Minister must comply with subsections (4), (5), (6), (7) and (8).
(4) The responsible Commonwealth Minister must have regard to the impact (if any) that any of those key greenhouse gas operations could have on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing petroleum exploration permit; or
(b) an existing petroleum retention lease; or
(c) an existing petroleum production licence; or
(d) a future petroleum exploration permit; or
(e) a future petroleum retention lease; or
(f) a future petroleum production licence; or
(g) an existing State/Territory petroleum exploration title; or
(h) an existing State/Territory petroleum retention title; or
(i) an existing State/Territory petroleum production title; or
(j) a future State/Territory petroleum exploration title; or
(k) a future State/Territory petroleum retention title; or
(l) a future State/Territory petroleum production title.
(5) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing petroleum exploration permit held by a person other than the applicant; or
(b) an existing petroleum retention lease held by a person other than the applicant; or
(c) an existing petroleum production licence held by a person other than the applicant; or
(d) an existing State/Territory petroleum exploration title held by a person other than the applicant; or
(e) an existing State/Territory petroleum retention title held by a person other than the applicant; or
(f) an existing State/Territory petroleum production title held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(g) whether:
(i) the registered holder of the petroleum exploration permit; or
(ii) the registered holder of the petroleum retention lease; or
(iii) the registered holder of the petroleum production licence; or
(iv) the holder of the State/Territory petroleum exploration title; or
(v) the holder of the State/Territory petroleum retention title; or
(vi) the holder of the State/Territory petroleum production title;
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(h) if so—the terms of that agreement.
(6) If:
(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
(i) a future petroleum exploration permit over a block or blocks; or
(ii) a future petroleum retention lease over a block or blocks; or
(iii) a future petroleum production licence over a block or blocks; or
(iv) a future State/Territory petroleum exploration title over a State/Territory block or State/Territory blocks; or
(v) a future State/Territory petroleum retention title over a State/Territory block or State/Territory blocks; or
(vi) a future State/Territory petroleum production title over a State/Territory block or State/Territory blocks; and
(b) either:
(i) a petroleum exploration permit, petroleum retention lease or petroleum production licence is in force over the block or any of the blocks; or
(ii) a State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title is in force over the State/Territory block or any of the State/Territory blocks; and
(c) the petroleum exploration permit, petroleum retention lease, petroleum production licence, State/Territory petroleum exploration title, State/Territory petroleum retention title or State/Territory petroleum production title is held by a person other than the applicant;
the responsible Commonwealth Minister must have regard to:
(d) whether:
(i) the registered holder of the petroleum exploration permit covered by subparagraph (b)(i); or
(ii) the registered holder of the petroleum retention lease covered by subparagraph (b)(i); or
(iii) the registered holder of the petroleum production licence covered by subparagraph (b)(i); or
(iv) the holder of the State/Territory petroleum exploration title covered by subparagraph (b)(ii); or
(v) the holder of the State/Territory petroleum retention title covered by subparagraph (b)(ii); or
(vi) the holder of the State/Territory petroleum production title covered by subparagraph (b)(ii);
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied; and
(e) if so—the terms of that agreement.
(7) If any of those key greenhouse gas operations is:
(a) an operation to inject, on an appraisal basis, a substance into a part of a geological formation; or
(b) an operation to store, on an appraisal basis, a substance in a part of a geological formation;
the responsible Commonwealth Minister must have regard to the composition of the substance.
(8) The responsible Commonwealth Minister must have regard to the public interest.
(9) Subsections (4), (5), (6) and (7) do not limit subsection (8).
(10) Subsections (4), (5), (6), (7) and (8) do not limit the matters to which the responsible Commonwealth Minister may have regard.
Circumstances in which the approval must not be given
(11) If the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that are being, or could be, carried on under:
(a) an existing pre‑commencement petroleum title held by a person other than the applicant; or
(b) an existing post‑commencement petroleum production licence held by a person other than the applicant; or
(c) an existing pre‑commencement State/Territory petroleum title held by a person other than the applicant; or
(d) an existing post‑commencement State/Territory petroleum production title held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless:
(e) the registered holder of the pre‑commencement petroleum title; or
(f) the registered holder of the post‑commencement petroleum production licence; or
(g) the holder of the pre‑commencement State/Territory petroleum title; or
(h) the holder of the post‑commencement State/Territory petroleum production title;
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
(12) If:
(a) the responsible Commonwealth Minister is satisfied that there is a significant risk that any of those key greenhouse gas operations will have a significant adverse impact on petroleum exploration operations, or petroleum recovery operations, that could be carried on under:
(i) a future pre‑commencement petroleum title over a block or blocks; or
(ii) a future pre‑commencement State/Territory petroleum title over a State/Territory block or State/Territory blocks; and
(b) if subparagraph (a)(i) applies—the existing pre‑commencement petroleum title in force over the block or any of the blocks is held by a person other than the applicant; and
(c) if subparagraph (a)(ii) applies—the existing pre‑commencement State/Territory petroleum title in force over the State/Territory block or any of the State/Territory blocks is held by a person other than the applicant;
the responsible Commonwealth Minister must not give the approval unless:
(d) the registered holder of the existing pre‑commencement petroleum title; or
(e) the holder of the existing pre‑commencement State/Territory petroleum title;
as the case may be, has agreed, in writing, to the applicant carrying on the key greenhouse gas operations in respect of which the responsible Commonwealth Minister is so satisfied.
No right to an approval
(13) To avoid doubt, section 290 does not imply that a cross‑boundary greenhouse gas assessment permittee who applies for approval under subsection (1) of this section is entitled to be given the approval.
Suspension of rights
(14) For the purposes of this section, disregard a suspension of rights under:
(a) section 266; or
(b) a provision of a law of a State or Territory that corresponds to section 266.
32
Subsection 293(1) (table item 1, column headed “This kind of permit...”) After “permit”, insert “(other than an original cross‑boundary greenhouse gas assessment permit or an original consolidated work‑bid greenhouse gas assessment permit)”.
Insert:
1A | an original cross‑boundary greenhouse gas assessment permit, where the grant of the permit resulted in:
| for the period beginning on the day on which the permit is granted and ending at whichever is the later of the following times:
|
1B | an original cross‑boundary greenhouse gas assessment permit, where item 1A does not apply | for the period (not exceeding 12 months) specified in the permit. |
1C | an original consolidated work‑bid greenhouse gas assessment permit, where:
and the grant of the original consolidated work‑bid greenhouse gas assessment permit resulted in either or both of the following:
| for the period beginning on the day on which the permit is granted and ending at whichever is the later of the following times:
|
1D | an original consolidated work‑bid greenhouse gas assessment permit, where:
| for the period:
|
1E | an original consolidated work‑bid greenhouse gas assessment permit, where:
| for the period:
|
1F | an original consolidated work‑bid greenhouse gas assessment permit, where item 1C, 1D or 1E does not apply | for the period (not exceeding 12 months) specified in the permit. |
Insert:
Note 1AA: For a special rule about the extension of the duration of a greenhouse gas assessment permit pending a decision on an application for a consolidated work‑bid greenhouse gas assessment permit, see subsection 302A(4).
Note 1AB: For a special rule about the extension of the duration of a greenhouse gas assessment permit pending a decision on an application for a cross‑boundary greenhouse gas assessment permit, see subsection 307A(4).
Omit “a special rule”, substitute “special rules”.
Omit “subsection 308(6)”, substitute “subsections 308(6) and 311A(9)”.
Omit “a special rule”, substitute “special rules”.
Omit “section 295”, substitute “sections 295 and 295A”.
Insert:
Note 2A: For a special rule about when a greenhouse gas assessment permit ceases to be in force following the grant of a consolidated work‑bid greenhouse gas assessment permit, see section 302C.
Note 2B: For a special rule about when a greenhouse gas assessment permit ceases to be in force following the grant of a cross‑boundary greenhouse gas assessment permit, see section 307D.
Omit “328 and 366”, substitute “328, 329E, 366 and 368F”.
Omit “437 and 439”, substitute “437, 439 and 439B”.
Omit “a special rule”, substitute “special rules”.
Omit “section 437A”, substitute “sections 437A and 439C”.
After “
Extension of greenhouse gas assessment permit ”, insert “(other than a cross‑boundary greenhouse gas assessment permit) ”.
After “greenhouse gas assessment permit”, insert “(other than a cross‑boundary greenhouse gas assessment permit)”.
Add:
(1) If:
(a) a cross‑boundary greenhouse gas assessment permit is in force over a block or blocks; and
(b) before the time when the permit would, apart from this subsection, expire, the permittee applies to the Titles Administrator for the grant by the Cross‑boundary Authority of a cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence over the block or one or more of the blocks;
the table has effect:
1 | the Cross‑boundary Authority gives the permittee an offer document relating to a cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence over the block or one or more of the blocks | the lease or licence is granted, the permittee withdraws the application or the application lapses. |
2 | the application is for a cross‑boundary greenhouse gas holding lease and the Cross‑boundary Authority refuses to grant the lease to the permittee | the end of the period of 12 months after the day on which the notice of the refusal was given to the permittee. |
3 | the application is for a cross‑boundary greenhouse gas injection licence and the Cross‑boundary Authority refuses to grant the licence to the permittee on a ground covered by paragraph 368B(1)(c), (d), (e), (f), (g), (h) or (i) | the end of the period of 90 days after the day on which the notice of the refusal was given to the permittee. |
4 | the application is for a cross‑boundary greenhouse gas injection licence and the Cross‑boundary Authority refuses to grant the licence to the permittee on a ground not mentioned in item 3 | notice of the refusal is given to the permittee. |
(2) Subsection (1) has effect subject to this Chapter but despite section 293.
Note: See the notes at the end of section 293.
Offshore area of a State
(1) If any part of the permit area of a cross‑boundary greenhouse gas assessment permit is included in the offshore area of a State, the whole of the permit area is taken, for all purposes of:
(a) this Chapter and regulations made for the purposes of this Chapter; and
(b) the remaining provisions of this Act and the regulations, so far as they relate to:
(i) this Chapter; or
(ii) exploring for a potential greenhouse gas storage formation; or
(iii) exploring for a potential greenhouse gas injection site; or
(iv) the injection of a greenhouse gas substance; or
(v) the storage of a greenhouse gas substance;
to be included in the offshore area of the State.
Principal Northern Territory offshore area
(2) If any part of the permit area of a cross‑boundary greenhouse gas assessment permit is included in the Principal Northern Territory offshore area, the whole of the permit area is taken, for all purposes of:
(a) this Chapter and regulations made for the purposes of this Chapter; and
(b) the remaining provisions of this Act and the regulations, so far as they relate to:
(i) this Chapter; or
(ii) exploring for a potential greenhouse gas storage formation; or
(iii) exploring for a potential greenhouse gas injection site; or
(iv) the injection of a greenhouse gas substance; or
(v) the storage of a greenhouse gas substance;
to be included in the Principal Northern Territory offshore area.
Insert:
Add:
Scope
(1) This section applies if:
(a) 2 work‑bid greenhouse gas assessment permits (the
existing work‑bid greenhouse gas assessment permits ) are in force; and(b) a person is the registered holder of the existing work‑bid greenhouse gas assessment permits; and
(c) the permit areas of the existing work‑bid greenhouse gas assessment permits are in the same offshore area; and
(d) at least one block of the permit area of one of the existing work‑bid greenhouse gas assessment permits has a side in common with at least one block of the permit area of the other existing greenhouse gas assessment permit; and
(e) neither of the existing work‑bid greenhouse gas assessment permits is a cross‑boundary greenhouse gas assessment permit; and
(f) the person has informed the responsible Commonwealth Minister, under section 451B, that:
(i) a part of a geological formation is wholly situated in the area (the
combined area ) that consists of the combination of the permit areas of the existing work‑bid greenhouse gas assessment permits; and(ii) the part extends to the permit area of each existing work‑bid greenhouse gas assessment permit; and
(iii) the person has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation; and
(g) there is no identified greenhouse gas storage formation that is wholly situated within the permit area of either of the existing work‑bid greenhouse gas assessment permits.
Application
(2) The person may apply to the responsible Commonwealth Minister for the grant of a greenhouse gas assessment permit over all the blocks in the permit areas of the existing work‑bid greenhouse gas assessment permits.
(3) An application under subsection (2) for a greenhouse gas assessment permit must be accompanied by:
(a) details of the applicant’s proposals for work and expenditure in relation to the combined area; and
(b) such other information (if any) as is specified in the regulations.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Extension of duration of existing work‑bid greenhouse gas assessment permit pending decision on application
(4) If:
(a) the person makes an application under subsection (2) for a greenhouse gas assessment permit; and
(b) one or both of the existing work‑bid greenhouse gas assessment permits would, apart from this subsection, expire before the responsible Commonwealth Minister grants, or refuses to grant, a greenhouse gas assessment permit in response to the application;
that existing work‑bid greenhouse gas assessment permit, or those existing work‑bid greenhouse gas assessment permits, continue in force until the responsible Commonwealth Minister grants, or refuses to grant, a greenhouse gas assessment permit in response to the application.
(5) Subsection (4) has effect subject to this Chapter but despite section 293.
Note: See the notes at the end of section 293.
If an application for a greenhouse gas assessment permit has been made under section 302A, the responsible Commonwealth Minister may:
(a) grant the greenhouse gas assessment permit; or
(b) by written notice given to the applicant, refuse to grant a greenhouse gas assessment permit to the applicant.
Scope
(1) This section applies if a greenhouse gas assessment permit (the
new greenhouse gas assessment permit ) is granted under section 302B over all the blocks in the permit areas of the existing work‑bid greenhouse gas assessment permits mentioned in section 302A.
Termination of existing work‑bid greenhouse gas assessment permits
(2) The existing work‑bid greenhouse gas assessment permits cease to be in force when the new greenhouse gas assessment permit comes into force.
Insert:
Scope
(1) This section applies if:
(a) a greenhouse gas assessment permit (the
existing greenhouse gas assessment permit ) is in force; and(b) the permittee is the holder of a State/Territory greenhouse gas assessment title (the
existing State/Territory greenhouse gas assessment title ); and(c) at least one block of the permit area of the existing greenhouse gas assessment permit has a side in common with at least one State/Territory block of the relevant area of the State/Territory greenhouse gas assessment title; and
(d) the permittee has informed the responsible Commonwealth Minister, under section 451A, that:
(i) a part of a geological formation is wholly situated in the area (the
combined area ) that consists of the combination of the permit area of the existing greenhouse gas assessment permit and the relevant area of the existing State/Territory greenhouse gas assessment title; and(ii) the part extends to the permit area of the existing greenhouse gas assessment permit and the relevant area of the existing State/Territory greenhouse gas assessment title; and
(iii) the permittee has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation; and
(e) there is no identified greenhouse gas storage formation that is wholly situated within the permit area of the existing greenhouse gas assessment permit; and
(f) there is no State/Territory identified greenhouse gas storage formation that is wholly situated within the relevant area of the existing State/Territory greenhouse gas assessment title; and
(g) if the existing greenhouse gas assessment permit is an original greenhouse gas assessment permit—the existing State/Territory greenhouse gas assessment title is an original State/Territory greenhouse gas assessment title; and
(h) if the existing greenhouse gas assessment permit was granted by way of first renewal—the existing State/Territory greenhouse gas assessment title was granted by way of first renewal; and
(i) if the existing greenhouse gas assessment permit was granted by way of second renewal—the existing State/Territory greenhouse gas assessment title was granted by way of second renewal; and
(j) either:
(i) in a case where the relevant area of the existing State/Territory greenhouse gas assessment title is in the coastal waters of a State—the State has a compatible cross‑boundary law; or
(ii) in a case where the relevant area of the existing State/Territory greenhouse gas assessment title is in the coastal waters of the Northern Territory—the Northern Territory has a compatible cross‑boundary law.
Application
(2) The permittee of the existing greenhouse gas assessment permit may apply to the Titles Administrator for the grant by the Cross‑boundary Authority of a greenhouse gas assessment permit over:
(a) all the blocks in the permit area of the existing greenhouse gas assessment permit; and
(b) all the State/Territory blocks in the relevant area of the existing State/Territory greenhouse gas assessment title.
(3) An application under subsection (2) for a greenhouse gas assessment permit must be accompanied by:
(a) details of the applicant’s proposals for work and expenditure in relation to the combined area; and
(b) such other information (if any) as is specified in the regulations.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429A enables the Titles Administrator to require the applicant to give further information.
Extension of duration of existing greenhouse gas assessment permit pending decision on application
(4) If:
(a) the permittee of the existing greenhouse gas assessment permit makes an application under subsection (2) for a greenhouse gas assessment permit; and
(b) the existing greenhouse gas assessment permit would, apart from this subsection, expire:
(i) before the Cross‑boundary Authority grants, or refuses to grant, a greenhouse gas assessment permit in response to the application; or
(ii) before the application lapses as provided by section 431A;
the existing greenhouse gas assessment permit continues in force:
(c) until the Cross‑boundary Authority grants, or refuses to grant, a greenhouse gas assessment permit in response to the application; or
(d) until the application so lapses;
whichever happens first.
(5) Subsection (4) has effect subject to this Chapter but despite section 293.
Note: See the notes at the end of section 293.
(6) For the purposes of the application to this Division of the definition of
Cross‑boundary Authority in section 7, the offshore area concerned is the offshore area in which the existing greenhouse gas assessment permit is situated.(7) Subsection (6) is enacted for the avoidance of doubt.
Scope
(1) This section applies if an application for a greenhouse gas assessment permit has been made under section 307A.
Offer document
(2) The Cross‑boundary Authority may:
(a) give the applicant a written notice (called an
offer document ) telling the applicant that the Cross‑boundary Authority is prepared to grant the greenhouse gas assessment permit; or(b) by written notice given to the applicant, refuse to grant a greenhouse gas assessment permit to the applicant.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
If:
(a) an applicant for a greenhouse gas assessment permit has been given an offer document under section 307B; and
(b) the applicant has made a request under section 431A in relation to the offer document within the period applicable under that section; and
(c) if the offer document specified the form and amount of a security to be lodged by the applicant—the applicant has lodged the security within the period applicable under section 433;
the Cross‑boundary Authority must grant the greenhouse gas assessment permit.
Note 1: If the applicant does not make a request under section 431A within the period applicable under that section, the application lapses at the end of that period—see subsection 431A(4).
Note 2: If the applicant has not lodged the security within the period applicable under section 433, the application lapses at the end of that period—see section 433.
Scope
(1) This section applies if a greenhouse gas assessment permit (the
new greenhouse gas assessment permit ) is granted under section 307C over:
(a) all the blocks in the permit area of the existing greenhouse gas assessment permit mentioned in section 307A; and
(b) all the State/Territory blocks in the relevant area of the existing State/Territory greenhouse gas assessment title mentioned in section 307A.
Termination of existing greenhouse gas assessment permit
(2) The existing greenhouse gas assessment permit ceases to be in force when the new greenhouse gas assessment permit comes into force.
Termination of State/Territory greenhouse gas assessment title
(3) The State/Territory greenhouse gas assessment title ceases to be in force when the new greenhouse gas assessment permit comes into force.
Insert:
Add “
(other than a cross‑boundary greenhouse gas assessment permit) ”.
Insert:
Scope—exclusion
(1AA) This section does not apply to a cross‑boundary greenhouse gas assessment permit.
Insert:
(1A) Despite subsection (1), an application to renew a consolidated work‑bid greenhouse gas assessment permit must not be made if each of the existing work‑bid greenhouse gas assessment permits mentioned in section 302A was granted by way of second renewal.
Omit “once”, substitute “twice”.
Insert:
(2A) However, a consolidated work‑bid greenhouse gas assessment permit cannot be renewed more than once if:
(a) each of the existing work‑bid greenhouse gas assessment permits mentioned in section 302A was granted by way of first renewal; or
(b) both:
(i) one of the existing work‑bid greenhouse gas assessment permits mentioned in section 302A was granted by way of first renewal; and
(ii) the other existing work‑bid greenhouse gas assessment permit mentioned in section 302A was granted by way of second renewal.
Add:
Application for renewal
(1) The registered holder of a cross‑boundary greenhouse gas assessment permit may apply to the Titles Administrator for the renewal by the Cross‑boundary Authority of the permit.
(2) Despite subsection (1), an application to renew a cross‑boundary greenhouse gas assessment permit must not be made unless:
(a) in a case where part of the permit area is in the coastal waters of a State—the State has a compatible cross‑boundary law; or
(b) in a case where part of the permit area is in the coastal waters of the Northern Territory—the Northern Territory has a compatible cross‑boundary law.
(3) Despite subsection (1), an application to renew a cross‑boundary greenhouse gas assessment permit must not be made if the existing greenhouse gas assessment permit referred to in section 307A was granted by way of second renewal.
(4) A cross‑boundary greenhouse gas assessment permit cannot be renewed more than twice.
(5) However, a cross‑boundary greenhouse gas assessment permit cannot be renewed more than once if the existing greenhouse gas assessment permit referred to in section 307A was granted by way of first renewal.
(6) An application to renew a cross‑boundary greenhouse gas assessment permit must be made:
(a) not more than 12 months before the expiry date of the permit; and
(b) at least 180 days before the expiry date of the permit.
(7) Despite subsection (6), the Cross‑boundary Authority may accept an application to renew a cross‑boundary greenhouse gas assessment permit if the application is made:
(a) later than 180 days before the expiry date of the permit; and
(b) before the expiry date of the permit.
(8) An application to renew a cross‑boundary greenhouse gas assessment permit must be accompanied by:
(a) details of the permittee’s proposals for work and expenditure in relation to the permit area; and
(b) such other information (if any) as is specified in the regulations.
Note 1: Part 3.8 contains additional provisions about application procedures.
Note 2: Section 427 requires the application to be accompanied by an application fee.
Note 3: Section 429A enables the Titles Administrator to require the applicant to give further information.
Extension of duration of cross‑boundary greenhouse gas assessment permit pending decision on application
(9) If:
(a) a cross‑boundary greenhouse gas assessment permittee makes an application to renew the permit; and
(b) the permit would, apart from this subsection, expire:
(i) before the Cross‑boundary Authority grants, or refuses to grant, the renewal of the permit; or
(ii) before the application lapses as provided by section 431A;
the permit continues in force:
(c) until the Cross‑boundary Authority grants, or refuses to grant, the renewal of the permit; or
(d) until the application so lapses;
whichever happens first.
(10) Subsection (9) has effect subject to this Chapter but despite section 293.
Note: See the notes at the end of section 293.
Scope
(1) This section applies if an application to renew a cross‑boundary greenhouse gas assessment permit has been made under section 311A.
Offer document—compliance with conditions etc.
(2) If each of the following has been complied with:
(a) the conditions to which the cross‑boundary greenhouse gas assessment permit is, or has from time to time been, subject;
(b) the provisions of this Chapter, Chapter 5, Chapter 6 and Part 8.1;
(c) the provisions of the regulations;
the Cross‑boundary Authority must give the applicant a written notice (called an
offer document ) telling the applicant that the Cross‑boundary Authority is prepared to renew the permit, so long as:
(d) in a case where part of the permit area is in the coastal waters of a State—the State has consented to the giving of the offer document; or
(e) in a case where part of the permit area is in the coastal waters of the Northern Territory—the Northern Territory has consented to the giving of the offer document.
Note: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Offer document—non‑compliance with conditions etc.
(3) If:
(a) any of:
(i) the conditions to which the cross‑boundary greenhouse gas assessment permit is, or has from time to time been, subject; or
(ii) the provisions of this Chapter, Chapter 5, Chapter 6 and Part 8.1; or
(iii) the provisions of the regulations;
have not been complied with; and
(b) in a case where:
(i) the permit is subject to one or more conditions of the kind mentioned in subsection 291A(5); and
(ii) one or more of those conditions have not been complied with;
the Cross‑boundary Authority is satisfied that the non‑compliance is attributable to unavoidable delays caused by the unavailability of essential services or essential equipment, or both; and
(c) the Cross‑boundary Authority is satisfied that there are sufficient grounds to warrant the granting of the renewal of the cross‑boundary greenhouse gas assessment permit;
the Cross‑boundary Authority may give the applicant a written notice (called an
offer document ) telling the applicant that the Cross‑boundary Authority is prepared to renew the permit.Note 1: Section 430 sets out additional requirements for offer documents (for example, a requirement that an offer document must contain a summary of conditions).
Note 2: See also section 76D.
Work program condition
(4) For the purposes of this section, if:
(a) the cross‑boundary greenhouse gas assessment permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area during a particular period; and
(b) the application for renewal of the permit was made during that period;
then, in determining whether the condition has been complied with, assume that the period had ended immediately before the application for renewal was made.
Scope
(1) This section applies if an application to renew a cross‑boundary greenhouse gas assessment permit has been made under section 311A.
Refusal to renew
(2) If:
(a) any of:
(i) the conditions to which the cross‑boundary greenhouse gas assessment permit is, or has from time to time been, subject; or
(ii) the provisions of this Chapter, Chapter 5, Chapter 6 and Part 8.1; or
Corporations
(2) The
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (read together with section 790B) also have, and are taken always to have also had, the effect they would have if:
(a) a reference to a petroleum activity were expressly confined to a petroleum activity undertaken by a constitutional corporation; and
(b) a reference to a greenhouse gas activity were expressly confined to a greenhouse gas activity undertaken by a constitutional corporation.
Territories
(3) The
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (read together with section 790B) also have, and are taken always to have also had, the effect they would have if:
(a) a reference to a petroleum activity were expressly confined to a petroleum activity that has resulted, or could result, in an escape of petroleum, where the escaped petroleum migrates, or is likely to migrate, to land or waters within the limits of a Territory; and
(b) a reference to a greenhouse gas activity were expressly confined to a greenhouse gas activity that has resulted, or could result, in an impact on, or risk to, a matter or thing on land, or in waters, within the limits of a Territory.
Add:
• During a declared oil pollution emergency, NOPSEMA inspectors may conduct an inspection (called an
oil pollution environmental inspection ) to determine either or both of the following:
(a) whether the oil pollution emergency provisions of a declared environment plan have been, or are being, complied with;
(b) whether a significant incident direction has been, or is being, complied with.
Insert:
CEO means the Chief Executive Officer of NOPSEMA.
declared environment plan has the meaning given by clause 2A.
declared oil pollution emergency has the meaning given by clause 2A.
emergency response premises has the meaning given by clause 2B.
26
Clause 2 of Schedule 2A (after paragraph (a) of the definition of environmental management law ) Insert:
(aa) the provisions of this Act, to the extent to which the provisions relate to, or empower NOPSEMA to take action in relation to, the oil pollution emergency provisions of an environment plan; or
(ab) the provisions of an environment plan that relate to preparation for an emergency that may result in oil pollution; or
Insert:
environment plan means an environment plan that is in force under theOffshore Petroleum and Greenhouse Gas Storage (Environment) Regulation s 2009 .
oil pollution emergency provisions of an environment plan means:
(a) any provisions of an oil pollution emergency plan contained in the environment plan; or
(b) any other provisions of the environment plan that relate to an emergency that has resulted in, or may result in, oil pollution.
oil pollution environmental inspection means an environmental inspection covered by subclause 3(2A).
petroleum activity means operations or works in an offshore area undertaken for the purpose of:
(a) exercising a right conferred on a petroleum titleholder by or under this Act by a petroleum title; or
(b) discharging an obligation imposed on a petroleum titleholder by or under this Act.
petroleum titleholder means the registered holder of a petroleum title.
significant incident direction means a direction under section 576B.
Add:
Declaration
(1) If the CEO is satisfied that:
(a) there is an emergency that has resulted in, or may result in, oil pollution; and
(b) the emergency is attributable to one or more petroleum activities of a petroleum titleholder; and
(c) either:
(i) there is a single environment plan that is, or may be, relevant to the emergency; or
(ii) there are 2 or more environment plans that are, or may be, relevant to the emergency;
the CEO may, by writing, declare:
(d) that there is a
declared oil pollution emergency for the purposes of this Schedule; and(e) if subparagraph (c)(i) applies—that the environment plan is a
declared environment plan for the purposes of this Schedule; and(f) if subparagraph (c)(ii) applies—that each of those environment plans is a
declared environment plan for the purposes of this Schedule.
(2) NOPSEMA must:
(a) publish a copy of a declaration under subclause (1) on NOPSEMA’s website; and
(b) do so as soon as practicable after the declaration is made.
(3) NOPSEMA must:
(a) give a copy of a declaration under subclause (1) to the Secretary; and
(b) do so as soon as practicable after the declaration is made.
(4) If a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities carried on in the offshore area of a State, NOPSEMA must:
(a) give a copy of the declaration to the designated public official of the State; and
(b) do so as soon as practicable after the declaration is made.
(5) If a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities carried on in the Principal Northern Territory offshore area, NOPSEMA must:
(a) give a copy of the declaration to the designated public official of the Northern Territory; and
(b) do so as soon as practicable after the declaration is made.
(6) If a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities carried on in the offshore area of a designated external Territory, NOPSEMA must:
(a) give a copy of the declaration to the designated public official of the designated external Territory; and
(b) do so as soon as practicable after the declaration is made.
(7) If a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities of a petroleum titleholder, NOPSEMA must:
(a) give a copy of the declaration to the petroleum titleholder; and
(b) do so as soon as practicable after the declaration is made.
Revocation of declaration
(8) If:
(a) a declaration under subclause (1) is in force in relation to an emergency; and
(b) the CEO is satisfied that the emergency no longer exists;
the CEO must, by writing, revoke the declaration.
(9) If a declaration is revoked under subclause (8), NOPSEMA must:
(a) publish a copy of the instrument of revocation on NOPSEMA’s website; and
(b) do so as soon as practicable after the instrument of revocation is made.
(10) If a declaration is revoked under subclause (8), NOPSEMA must:
(a) give a copy of the instrument of revocation to the Secretary; and
(b) do so as soon as practicable after the instrument of revocation is made.
(11) If:
(a) a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities carried on in the offshore area of a State; and
(b) the declaration is revoked under subclause (8);
NOPSEMA must:
(c) give a copy of the instrument of revocation to the designated public official of the State; and
(d) do so as soon as practicable after the instrument of revocation is made.
(12) If:
(a) a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities carried on in the Principal Northern Territory offshore area; and
(b) the declaration is revoked under subclause (8);
NOPSEMA must:
(c) give a copy of the instrument of revocation to the designated public official of the Northern Territory; and
(d) do so as soon as practicable after the instrument of revocation is made.
(13) If:
(a) a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities carried on in the offshore area of a designated external Territory; and
(b) the declaration is revoked under subclause (8);
NOPSEMA must:
(c) give a copy of the instrument of revocation to the designated public official of the designated external Territory; and
(d) do so as soon as practicable after the instrument of revocation is made.
(14) If:
(a) a declaration under subclause (1) relates to an emergency that is attributable to one or more petroleum activities of a petroleum titleholder; and
(b) the declaration is revoked under subclause (8);
NOPSEMA must:
(c) give a copy of the instrument of revocation to the petroleum titleholder; and
(d) do so as soon as practicable after the instrument of revocation is made.
Other matters
(15) A declaration under subclause (1), and an instrument of revocation under subclause (8), are not legislative instruments.
(16) For the purposes of paragraph (1)(a), it is immaterial whether the oil pollution is:
(a) in an offshore area; or
(b) within the coastal waters of a State or the Northern Territory; or
(c) on land, or in waters, within the limits of a State or Territory.
Premises other than an aircraft or a vessel
(1) For the purposes of this Schedule, premises (other than an aircraft or a vessel) are
emergency response premises if the premises:
(a) are being used, or are proposed to be used, for the implementation of the oil pollution emergency provisions of a declared environment plan; or
(b) are being used, or are proposed to be used, for:
(i) planning; or
(ii) directing; or
(iii) coordinating; or
(iv) providing logistical support for;
the implementation of the oil pollution emergency provisions of a declared environment plan; or
(c) are being used, or are proposed to be used, for compliance with a significant incident direction; or
(d) are being used, or are proposed to be used, for:
(i) planning; or
(ii) directing; or
(iii) coordinating; or
(iv) providing logistical support for;
compliance with a significant incident direction.
Premises being an aircraft or a vessel
(2) For the purposes of this Schedule, premises (being an aircraft or a vessel) are
emergency response premises if the premises:
(a) are being:
(i) used; or
(ii) prepared for use; or
(iii) positioned for use;
for the implementation of the oil pollution emergency provisions of a declared environment plan; or
(b) are being:
(i) used; or
(ii) prepared for use; or
(iii) positioned for use;
for:
(iv) observing; or
(v) planning; or
(vi) directing; or
(vii) coordinating; or
(viii) providing logistical support for;
the implementation of the oil pollution emergency provisions of a declared environment plan; or
(c) are being:
(i) used; or
(ii) prepared for use; or
(iii) positioned for use;
for compliance with a significant incident direction; or
(d) are being:
(i) used; or
(ii) prepared for use; or
(iii) positioned for use;
for:
(iv) observing; or
(v) planning; or
(vi) directing; or
(vii) coordinating; or
(viii) providing logistical support for;
compliance with a significant incident direction.
Location of premises
(3) For the purposes of subclauses (1) and (2), it is immaterial whether the premises are:
(a) in an offshore area; or
(b) in or above the coastal waters of a State or the Northern Territory; or
(c) on or above land, or in or above waters, within the limits of a State or Territory.
Note: For the space above an offshore area, see section 9.
Insert:
(2A) If there is a declared oil pollution emergency, a NOPSEMA inspector may conduct an environmental inspection to determine either or both of the following:
(a) whether the oil pollution emergency provisions of a declared environment plan have been, or are being, complied with;
(b) whether a significant incident direction has been, or is being, complied with.
(2B) An environmental inspection under subclause (2A) is to be known as an
oil pollution environmental inspection .(2C) An oil pollution environmental inspection may be conducted:
(a) at the inspector’s own initiative; or
(b) in compliance with a direction under subclause (5).
(2D) Subclause (2A) does not limit subclause (2).
(2E) An oil pollution environmental inspection may be conducted concurrently with an inspection under subclause (2).
(2F) For the purposes of this Schedule, if:
(a) an oil pollution environmental inspection is conducted wholly or partly to determine whether the oil pollution emergency provisions of a declared environment plan have been, or are being, complied with; and
(b) the declared environment plan relates to one or more of the petroleum activities of the registered holder of a petroleum title;
the oil pollution environmental inspection is taken to relate to the title.
(2G) For the purposes of this Schedule, if:
(a) an oil pollution environmental inspection is conducted wholly or partly to determine whether a significant incident direction has been, or is being, complied with; and
(b) the significant incident direction was given to the registered holder of a petroleum title;
the oil pollution environmental inspection is taken to relate to the title.
After “environmental inspection”, insert “under subclause (2)”.
Add:
(5) If there is a declared oil pollution emergency, NOPSEMA may give a written direction to a NOPSEMA inspector to conduct an oil pollution environmental inspection.
(6) The NOPSEMA inspector must conduct an oil pollution environmental inspection as directed under subclause (5).
Add:
Modified operation of this clause in relation to an oil pollution environmental inspection
(4) If there is a declared oil pollution emergency, this clause has effect, in relation to an oil pollution environmental inspection, as if a reference in this clause to offshore premises included a reference to emergency response premises.
After “an environmental inspection”, insert “(other than an oil pollution environmental inspection)”.
Insert:
(1A) If there is a declared oil pollution emergency, a NOPSEMA inspector may, for the purposes of an oil pollution environmental inspection:
(a) at any reasonable time, enter any regulated business premises if the inspector is satisfied on reasonable grounds that there are likely to be at those premises plant, substances, documents or things that relate to compliance or non‑compliance with:
(i) the oil pollution emergency provisions of a declared environment plan; or
(ii) a significant incident direction; and
(b) search those premises for any such plant, substances, documents or things at those premises; and
(c) inspect, take extracts from, or make copies of, any such documents at those premises; and
(d) inspect, examine or measure, or conduct tests concerning, any such plant, substances or things at those premises; and
(e) take photographs of, make video recordings of, or make sketches of, any such plant, substances or things at those premises; and
(f) exercise the powers conferred by clause 8 in relation to the inspection; and
(g) exercise the powers conferred by clause 9 in relation to the inspection.
Insert:
(2A) If there is a declared oil pollution emergency, a NOPSEMA inspector may, to the extent that it is reasonably necessary to do so in connection with the conduct of an oil pollution environmental inspection that relates to a petroleum title, require the petroleum titleholder to provide the inspector with reasonable assistance and facilities:
(a) that is or are reasonably connected with the conduct of the inspection; or
(b) for the effective exercise of the inspector’s powers in connection with the conduct of the inspection.
(2B) The reasonable assistance referred to in subclause (2A) includes:
(a) appropriate transport to or from emergency response premises for the inspector and for any equipment required by the inspector, or any thing of which the NOPSEMA inspector has taken possession; and
(b) reasonable accommodation and means of subsistence while the inspector is at emergency response premises; and
(c) arranging for the inspector to be present on an aircraft or vessel that is being deployed or used for:
(i) implementing the oil pollution emergency provisions of a declared environment plan; or
(ii) observing the implementation of the oil pollution emergency provisions of a declared environment plan; or
(iii) directing the implementation of the oil pollution emergency provisions of a declared environment plan; or
(iv) coordinating the implementation of the oil pollution emergency provisions of a declared environment plan; or
(v) complying with a significant incident direction; or
(vi) observing compliance with a significant incident direction; or
(vii) directing compliance with a significant incident direction; or
(viii) coordinating compliance with a significant incident direction; and
(d) arranging for persons on board such an aircraft or vessel to facilitate the conduct by the inspector of the oil pollution environmental inspection; and
(e) arranging for reasonable means of subsistence while the inspector is present on such an aircraft or vessel; and
(f) arranging for reasonable accommodation while the inspector is present on such a vessel.
Insert:
Modified operation of this clause in relation to an oil pollution environmental inspection
(4A) If there is a declared oil pollution emergency, this clause has effect, in relation to an oil pollution environmental inspection, as if a reference in this clause to offshore premises included a reference to emergency response premises.
Add:
Modified operation of this clause in relation to an oil pollution environmental inspection
(6) If there is a declared oil pollution emergency, this clause has effect, in relation to an oil pollution environmental inspection, as if a reference in this clause to offshore premises included a reference to emergency response premises.
After “may”, insert “, in connection with the conduct of the environmental inspection,”.
Insert:
Modified operation of this clause in relation to an oil pollution environmental inspection
(6A) If there is a declared oil pollution emergency, this clause has effect, in relation to an oil pollution environmental inspection, as if a reference in this clause to offshore premises included a reference to emergency response premises.
(6B) In the case of an oil pollution environmental inspection, a NOPSEMA inspector must not issue an environmental do not disturb notice in relation to emergency response premises of a particular kind unless the inspector considers that it is appropriate to issue such a notice in relation to premises of that kind.
Insert:
Modified operation of this clause in relation to an oil pollution environmental inspection
(5A) If there is a declared oil pollution emergency, this clause has effect, in relation to an oil pollution environmental inspection, as if:
(a) a reference in this clause to offshore premises included a reference to emergency response premises; and
(b) a reference in this clause to a threat to the environment were, by express provision, confined to a threat that is attributable to one or more petroleum activities of a petroleum titleholder.
Insert:
Modified operation of this clause in relation to an oil pollution environmental inspection
(6A) If there is a declared oil pollution emergency, this clause has effect, in relation to an oil pollution environmental inspection, as if:
(a) a reference in this clause to offshore premises included a reference to emergency response premises; and
(b) a reference in this clause to a threat to the environment were, by express provision, confined to a threat that is attributable to one or more petroleum activities of a petroleum titleholder.
Add:
Modified operation of this clause in relation to an oil pollution environmental inspection
(7) If there is a declared oil pollution emergency, this clause has effect, in relation to an oil pollution environmental inspection, as if:
(a) a reference in this clause to offshore premises included a reference to emergency response premises; and
(b) a reference in this clause to an environmental management law included a reference to:
(i) the oil pollution emergency provisions of a declared environment plan; and
(ii) a significant incident direction; and
(c) a reference in this clause to a threat to the environment were, by express provision, confined to a threat that is attributable to one or more petroleum activities of a petroleum titleholder.
Add “This rule does not apply in relation to an oil pollution environmental inspection.”.
Add:
Modified operation of this clause in relation to an oil pollution environmental inspection
(9) If there is a declared oil pollution emergency, this clause has effect, in relation to an oil pollution environmental inspection, as if:
(a) a reference in this clause to offshore premises included a reference to emergency response premises; and
(b) a reference in this clause to an environmental management law included a reference to:
(i) the oil pollution emergency provisions of a declared environment plan; and
(ii) a significant incident direction.
Add:
This Schedule relies on the Commonwealth’s legislative powers under paragraphs 51(xxix) (external affairs) and (xxxix) (incidental matters) of the Constitution.
(1) In addition to clause 19, this Schedule also has effect as provided by this clause.
Corporations
(2) This Schedule also has the effect it would have if a reference to an environmental inspection were expressly confined to:
(a) in the case of an environmental inspection under subclause 3(2)—an inspection:
(i) to determine whether an environmental management law has been, or is being, complied with by a constitutional corporation; or
(ii) to determine whether information given by a constitutional corporation in compliance, or purported compliance, with an environmental management law is correct; and
(b) in the case of an environmental inspection under subclause 3(2A)—an inspection to determine either or both of the following:
(i) whether the oil pollution emergency provisions of a declared environment plan have been, or are being, complied with by a constitutional corporation;
(ii) whether a significant incident direction has been, or is being, complied with by a constitutional corporation.
Territories
(3) This Schedule also has the effect it would have if a reference to an environmental inspection were expressly confined to an environmental inspection within the limits of a Territory.
46
Subsection 576C(9) (definition of environment plan ) Omit “that is in force under the
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulation s 2009 ”, substitute “under prescribed regulations, or a prescribed provision of regulations, made under this Act”.
Omit “the
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 ”, substitute “prescribed regulations made under this Act”.
Omit “the
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 ”, substitute “prescribed regulations made under this Act”.
49
Clause 2 of Schedule 2A (definition of environment plan ) Omit “that is in force under the
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulation s 2009 ”, substitute “under prescribed regulations, or a prescribed provision of regulations, made under this Act”.
50
Application—section 572F of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 The amendments of section 572F of the
Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by this Schedule apply in relation to costs or expenses incurred after the commencement of this item.
51
Subsection 576B(9) (definition of State/Territory petroleum infrastructure title ) Omit “the Principal Northern Territory offshore area”, substitute “the offshore area of the Northern Territory”.
52
Subsection 576B(9) (definition of State/Territory petroleum pipeline title ) Omit “the Principal Northern Territory offshore area”, substitute “the offshore area of the Northern Territory”.
Omit “the Principal Northern Territory offshore area”, substitute “the offshore area of the Northern Territory”.
Omit “the Principal Northern Territory offshore area”, substitute “the offshore area of the Northern Territory”.
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