Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019 (Cth)
Contents
[
The Parliament of Australia enacts:
This Act is the
Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019.
(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. | 28 October 2019 |
Schedule 1, Part 1, Division 1 | 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. | 28 April 2020 |
Schedule 1, Part 1, Division 2 | At the same time as the provisions covered by table item 2. However, the provisions do not commence at all if Schedule 2 to the | 28 April 2020 |
Schedule 1, Part 1, Division 3 | The later of:
However, the provisions do not commence at all unless the event mentioned in paragraph (b) occurs. | |
Schedule 1, Part 2 | At the same time as the provisions covered by table item 2. | 28 April 2020 |
Schedules 2 to 14 | The day after this Act receives the Royal Assent. | 29 October 2019 |
Schedule 15 | Immediately after the commencement of the provisions covered by table item 2. | 28 April 2020 |
Schedule 16, Part 1 | The day after this Act receives the Royal Assent. | 29 October 2019 |
Schedule 16, Part 2 | At the same time as the provisions covered by table item 2. | 28 April 2020 |
Schedule 16, Part 3 | At the same time as the provisions covered by table item 7. | 28 April 2020 |
Schedule 17 | The day after this Act receives the Royal Assent. | 29 October 2019 |
Schedule 18 | Immediately after the commencement of the provisions covered by table item 7. | 28 April 2020 |
Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
1
Section 7 (after paragraph (d) of the definition of approved ) Insert:
(da) section 452A; or
Insert:
environmental management law has the same meaning as in Schedule 2A.
3
Section 7 (definition of greenhouse gas project inspector ) Repeal the definition.
4
Section 7 (definition of petroleum environmental law ) Repeal the definition.
Insert:
related body corporate has the same meaning as in theCorporations Act 2001 .
6
Section 7 (after paragraph (i) of the definition of title ) Insert:
(ia) when used in section 579A—has the meaning given by subsection 579A(1); or
After “regulations”, insert “(other than the
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 , Part 5 of theOffshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and theOffshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 )”.
After “regulations”, insert “(other than the
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 , Part 5 of theOffshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and theOffshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 )”.
Omit “section 595”, substitute “sections 594A and 595”.
After “regulations”, insert “(other than the
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 , Part 5 of theOffshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and theOffshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 )”.
After “Minister”, insert “, NOPSEMA or the Titles Administrator”.
12
Subsection 436(1) (table item 2, column headed “Event or circumstance”) After “Minister”, insert “or the Titles Administrator”.
13
Subsection 440(1) (table item 4, column headed “Event or circumstance”) After “Minister”, insert “or the Titles Administrator”.
Add:
Note: See also paragraph 646(gp) (NOPSEMA’s advisory function).
After “Minister”, insert “, NOPSEMA or the Titles Administrator”.
Add:
If NOPSEMA reasonably believes that there is a ground for cancelling:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence;
NOPSEMA must notify the Titles Administrator of:
(d) the belief; and
(e) the reasons for the belief.
Insert:
Registered holders as at commencement
(1) If, as at the commencement of this section, a person is the registered holder, or one of the registered holders, of a greenhouse gas title, the person must:
(a) give the Titles Administrator and NOPSEMA a written notice, in the approved form, that:
(i) states that the person is a registered holder of the greenhouse gas title; and
(ii) sets out such of the person’s contact details as are required by the form; and
(b) do so within 30 days after the commencement of this section.
Note: For
contact details , see subsection (12).
Becoming a registered holder
(2) If, at any time after the commencement of this section, a person becomes the registered holder, or one of the registered holders, of a greenhouse gas title, the person must:
(a) give the Titles Administrator and NOPSEMA a written notice, in the approved form, that:
(i) states that the person has become a registered holder of the greenhouse gas title; and
(ii) sets out such of the person’s contact details as are required by the form; and
(b) do so within 30 days after so becoming a registered holder.
Note: For
contact details , see subsection (12).
Ceasing to be a registered holder otherwise than because of death
(3) If, at any time after the commencement of this section, a person ceases to be the registered holder, or one of the registered holders, of a greenhouse gas title otherwise than because of the death of the person, the person must:
(a) notify the Titles Administrator and NOPSEMA, in writing, of the cessation; and
(b) do so within 30 days after the cessation.
Death of a registered holder
(4) If, at any time after the commencement of this section, a person who is the registered holder, or one of the registered holders, of a greenhouse gas title dies, the person’s legal personal representative must:
(a) notify the Titles Administrator and NOPSEMA, in writing, of the death; and
(b) do so within 30 days after the death.
Change of contact details of registered holder
(5) If:
(a) a person is the registered holder, or one of the registered holders, of a greenhouse gas title; and
(b) the person has given a notice under:
(i) subsection (1); or
(ii) subsection (2); or
(iii) this subsection;
that sets out one or more contact details of the person; and
(c) any or all of those contact details have changed;
the person must:
(d) give the Titles Administrator and NOPSEMA a written notice, in the approved form, that:
(i) states that the relevant contact details have changed; and
(ii) sets out the changed contact details; and
(e) do so within 30 days after the change.
Note: For
contact details , see subsection (12).
Publication of approved form
(6) The Titles Administrator must publish on the Department’s website a form approved for the purposes of subsection (1), (2) or (5).
Offence
(7) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1), (2), (3), (4) or (5); and
(b) the person omits to do an act; and
(c) the omission breaches the requirement.
Penalty: 50 penalty units.
(8) An offence against subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the
Criminal Code .
Civil penalty
(9) A person is liable to a civil penalty if the person contravenes a requirement under subsection (2), (3), (4) or (5).
Civil penalty: 90 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
(10) The maximum penalty for each day that an offence under subsection (7) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (7) is a continuing offence under section 4K of the
Crimes Act 1914 .(11) The maximum civil penalty for each day that a contravention of subsection (9) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (9) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Definitions
(12) In this section:
approved means approved, in writing, by the Titles Administrator and the Chief Executive Officer of NOPSEMA.
contact details of a person includes the following:
(a) the person’s name;
(b) the address of:
(i) the place of residence or business of the person; or
(ii) if the person is a body corporate—the head office, a registered office or a principal office of the body corporate;
(c) the person’s telephone number;
(d) the person’s fax number (if any);
(e) the person’s email address;
(f) if the person is a body corporate that has an ACN (within the meaning of the
Corporations Act 2001 )—the ACN.
greenhouse gas title means:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence; or
(d) a greenhouse gas search authority; or
(e) a greenhouse gas special authority.
Insert:
(1A) If, in the performance of its functions or the exercise of its powers, NOPSEMA becomes aware of circumstances that:
(a) relate to:
(i) the registered holder of a greenhouse gas assessment permit; or
(ii) the registered holder of a greenhouse gas holding lease; or
(iii) the registered holder of a greenhouse gas injection licence; and
(b) may make it appropriate for the responsible Commonwealth Minister to require the registered holder to lodge an additional security under subsection (1);
NOPSEMA may inform the responsible Commonwealth Minister of those circumstances.
Insert:
(2A) If, in the performance of its functions or the exercise of its powers, NOPSEMA becomes aware of circumstances that:
(a) relate to:
(i) the registered holder of a greenhouse gas assessment permit; or
(ii) the registered holder of a greenhouse gas holding lease; or
(iii) the registered holder of a greenhouse gas injection licence; and
(b) may make it appropriate for the responsible Commonwealth Minister to require the registered holder to lodge a security under subsection (2);
NOPSEMA may inform the responsible Commonwealth Minister of those circumstances.
After “Minister”, insert “, NOPSEMA or the Titles Administrator”.
Repeal the paragraph, substitute:
(c) a direction given by NOPSEMA or the responsible Commonwealth Minister under:
(i) Chapter 3; or
(ii) this Chapter; and
Repeal the paragraph, substitute:
(c) a direction given by NOPSEMA or the responsible Commonwealth Minister under:
(i) Chapter 3; or
(ii) this Chapter; and
Repeal the note.
Repeal the subsection (not including the heading).
Repeal the subsection (not including the notes).
Repeal the section, substitute:
• NOPSEMA or the responsible Commonwealth Minister may give a direction to a greenhouse gas titleholder. A direction may extend to other persons.
• If there is a breach of a direction given by NOPSEMA or the responsible Commonwealth Minister under Chapter 3, this Chapter or the regulations, NOPSEMA or the responsible Commonwealth Minister may do anything required by the direction to be done, and NOPSEMA’s costs or the responsible Commonwealth Minister’s costs may be recovered from the person to whom the direction was given.
• In a prosecution for an offence relating to a breach of a direction given by NOPSEMA or the responsible Commonwealth Minister under Chapter 3, this Chapter or the regulations, it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
Insert:
Definitions
(1) In this section:
greenhouse gas matter means:
(a) exploring for a potential greenhouse gas storage formation; or
(b) exploring for a potential greenhouse gas injection site; or
(c) the injection of a greenhouse gas substance into the seabed or subsoil of an offshore area; or
(d) the storage of a greenhouse gas substance in the seabed or subsoil of an offshore area.
title means:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence; or
(d) a greenhouse gas search authority; or
(e) a greenhouse gas special authority.
Direction to registered holder
(2) NOPSEMA may, by written notice given to the registered holder of a title, give the registered holder a direction as to any matter in relation to which regulations may be made.
Note 1: Section 782 is the main provision setting out matters in relation to which regulations may be made.
Note 2: For enforcement, see section 582.
Extended application of direction
(3) A direction given under this section to a registered holder applies to the registered holder and may also be expressed to apply to:
(a) a specified class of persons, so long as the class consists of, or is included in, either or both of the following classes:
(i) employees or agents of, or persons acting on behalf of, the registered holder;
(ii) persons performing work or services, whether directly or indirectly, for the registered holder; or
(b) any person (other than the registered holder or a person to whom the direction applies in accordance with paragraph (a)) who is:
(i) in an offshore area for any reason touching, concerning, arising out of, or connected with, a greenhouse gas matter; or
(ii) in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the offshore area for a reason of that kind.
(4) If a direction so expressed is given, the direction is taken to apply to each person included in the specified class mentioned in paragraph (3)(a) or to each person who is in the offshore area as mentioned in paragraph (3)(b), as the case may be.
Note: For notification requirements, see section 581.
Additional matters
(5) A direction under this section has effect, and must be complied with, despite:
(a) any previous direction under this section; and
(b) anything in the regulations or the applied provisions.
Note: For
applied provisions , see subsection 80(2).(6) A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.
(7) To avoid doubt, subsection (6) applies to an instrument, whether issued or made in Australia or outside Australia.
(8) A direction under this section may prohibit the doing of an act or thing:
(a) unconditionally; or
(b) subject to conditions, including conditions requiring the consent or approval of a person specified in the direction.
(9) If NOPSEMA gives a direction under this section, NOPSEMA must:
(a) give the responsible Commonwealth Minister a copy of the direction; and
(b) do so as soon as practicable after the direction was given.
Directions
(10) If paragraph (3)(b) applies to a direction under this section, the direction is a legislative instrument.
(11) If paragraph (3)(b) does not apply to a direction under this section, the direction is not a legislative instrument.
Repeal the heading, substitute:
After “regulations”, insert “(other than the
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 , Part 5 of theOffshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and theOffshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 )”.
Insert:
Inconsistency
(8A) If a direction under this section is inconsistent with a direction under section 579A, the direction under this section has no effect to the extent of the inconsistency.
Insert:
(1) A direction under this Division may require the registered holder of the title in relation to which the direction is given to take an action (or not to take an action) anywhere in an offshore area, whether within or outside the title area of the title.
(2) If a direction under section 579A requires the registered holder of a title (the
first title ) to take an action in, or in relation to, the title area of another title (therelated title ), NOPSEMA must give a copy of the direction to the registered holder of the related title as soon as practicable after the direction is given to the registered holder of the first title.(3) If a direction under section 580 requires the registered holder of a title (the
first title ) to take an action in, or in relation to, the title area of another title (therelated title ), the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the related title as soon as practicable after the direction is given to the registered holder of the first title.(4) In this section:
title means any title covered by section 572.
title area of a title has the meaning given by section 572 in relation to the title.Note: Section 572 sets out the title area for certain petroleum titles and greenhouse gas titles.
Insert:
Notification—direction under section 579A
(1A) If a direction under section 579A applies to:
(a) a registered holder; and
(b) a person referred to in paragraph 579A(3)(a);
the registered holder must cause a copy of the notice by which the direction was given to be:
(c) given to that other person; or
(d) displayed at a prominent position at a place in the offshore area frequented by that other person.
(1B) If a direction under section 579A applies to:
(a) a registered holder; and
(b) a person referred to in paragraph 579A(3)(b);
the registered holder must cause a copy of the notice by which the direction was given to be displayed at a prominent position at a place in the offshore area.
(1C) If a direction under section 579A applies to:
(a) a registered holder; and
(b) a person referred to in paragraph 579A(3)(b);
NOPSEMA may, by written notice given to the registered holder, require the registered holder to cause to be displayed:
(c) at such places in the offshore area; and
(d) in such manner;
as are specified in the notice, copies of the notice by which the direction was given.
Repeal the heading, substitute:
Notification—direction under section 580
After “subsection”, insert “(1A), (1B), (1C),”.
After “section”, insert “579A or”.
After “section”, insert “579A or”.
Repeal the heading, substitute:
Insert:
Action by NOPSEMA
(1) If:
(a) a person is subject to a direction given by NOPSEMA under:
(i) this Chapter (other than Part 6.2); or
(ii) the regulations; and
(b) the person engages in conduct; and
(c) the person’s conduct breaches the direction;
NOPSEMA may do any or all of the things required by the direction to be done.
Recovery of costs and expenses incurred by NOPSEMA
(2) Costs or expenses incurred by NOPSEMA under subsection (1) in relation to a direction are:
(a) a debt due to NOPSEMA by the person subject to the direction; and
(b) recoverable in:
(i) the Federal Court; or
(ii) the Federal Circuit Court; or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
Exception—direction that has an extended application
(3) If:
(a) a direction under section 579A applies to:
(i) a registered holder; and
(ii) another person; and
(b) an action under subsection (2) relating to the direction is brought against the other person; and
(c) the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction;
the other person is not liable under subsection (2) unless the plaintiff proves that the other person knew, or could reasonably be expected to have known, of the existence of the direction.
Defence
(4) In an action under subsection (2), it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
Repeal the subparagraph.
After “Minister”, insert “, NOPSEMA or the Titles Administrator”.
Omit:• The responsible Commonwealth Minister may give remedial directions to greenhouse gas titleholders or former greenhouse gas titleholders about the following matters:
(a) the removal of property;
(b) the plugging or closing off of wells;
(c) the conservation and protection of natural resources;
(d) the making good of damage to the seabed or subsoil.
substitute:
• NOPSEMA or the responsible Commonwealth Minister may give remedial directions to greenhouse gas titleholders or former greenhouse gas titleholders about the following matters:
(a) the removal of property;
(b) the plugging or closing off of wells;
(c) the conservation and protection of natural resources;
(d) the making good of damage to the seabed or subsoil.
Omit:
• If there is a breach of a direction, the responsible Commonwealth Minister may do anything required by the direction to be done.
• If property has not been removed in accordance with a direction, the responsible Commonwealth Minister may direct the owner to remove or dispose of the property.
substitute:
• If there is a breach of a direction, NOPSEMA or the responsible Commonwealth Minister may do anything required by the direction to be done.
• If property has not been removed in accordance with a direction, NOPSEMA or the responsible Commonwealth Minister may direct the owner to remove or dispose of the property.
Before “the responsible Commonwealth Minister”, insert “NOPSEMA or”.
Add:
; or (c) a provision of Chapter 3.
Insert:
Scope
(1) This section applies to:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence, if no operations for the injection of a greenhouse gas substance into an identified greenhouse gas storage formation have been carried on under the licence.
Direction to registered holder
(2) NOPSEMA may, by written notice given to the registered holder of the permit, lease or licence, direct the holder to do any or all of the following things on or before the applicable date:
(a) to:
(i) remove, or cause to be removed, from the title area all property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or
(ii) make arrangements that are satisfactory to NOPSEMA in relation to that property;
(b) to plug or close off, to the satisfaction of NOPSEMA, all wells made in the title area by any person engaged or concerned in those operations;
(c) to provide, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the title area;
(d) to make good, to the satisfaction of NOPSEMA, any damage to the seabed or subsoil in the title area caused by any person engaged or concerned in those operations.
Note 1: For
applicable date andtitle area , see subsection (7).Note 2: For variation and revocation, see subsection 33(3) of the
Acts Interpretation Act 1901 .(3) Paragraph (2)(c) has effect subject to:
(a) Chapter 3; and
(b) this Chapter; and
(c) the regulations.
(4) In attaining a state of satisfaction for the purposes of paragraph (2)(b), NOPSEMA must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum‑bearing qualities of geological formations.
Offence
(5) A person commits an offence if:
(a) the person is subject to a direction under subsection (2); and
(b) the person omits to do an act; and
(c) the omission breaches the direction.
Penalty: 100 penalty units.
(6) An offence against subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the
Criminal Code .
Applicable date and title area
(7) For the purposes of this section, the table has effect:
1 | a greenhouse gas assessment permit | the expiry date of the permit | the permit area. |
2 | a greenhouse gas holding lease (other than a special greenhouse gas holding lease) | the expiry date of the lease | the lease area. |
3 | a special greenhouse gas holding lease | the date determined, in writing, by NOPSEMA | the lease area. |
4 | a greenhouse gas injection licence | the first date on which the licence can be terminated under this Act | the licence area. |
(8) A notice under subsection (2) need not identify the applicable date as a particular calendar date.
Repeal the heading, substitute:
Omit “operations.”, substitute “operations;”.
48
At the end of subsection 592(2) (before the notes) Add:
so long as the direction is given for a purpose that relates to:
(e) resource management; or
(f) resource security; or
(g) decommissioning.
Add:
Inconsistency
(8) If a direction under this section is inconsistent with a direction under section 591B, the direction under this section has no effect to the extent of the inconsistency.
Insert:
Scope
(1) This section applies if an event specified in the table has happened:
1 | Greenhouse gas assessment permit | (a) the permit has been cancelled; (b) the permit has expired. |
2 | Greenhouse gas holding lease (other than a special greenhouse gas holding lease) | (a) the lease has been cancelled; (b) the lease has expired. |
3 | Special greenhouse gas holding lease | the lease has been cancelled. |
4 | Greenhouse gas injection licence | (a) the licence has been cancelled; (b) the licence has been terminated. |
5 | Greenhouse gas search authority | (a) the authority has been surrendered; (b) the authority has been cancelled; (c) the authority has expired. |
6 | Greenhouse gas special authority | (a) the authority has been revoked; (b) the authority has been surrendered; (c) the authority has expired. |
Direction
(2) NOPSEMA may, by written notice given to the person who was, or is, as the case may be, the registered holder of the permit, lease, licence or authority, direct the person to do any or all of the following things within the period specified in the notice:
(a) to:
(i) remove, or cause to be removed, from the vacated area all property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease, licence or authority; or
(ii) make arrangements that are satisfactory to NOPSEMA in relation to that property;
(b) to plug or close off, to the satisfaction of NOPSEMA, all wells made in the vacated area by any person engaged or concerned in those operations;
(c) to provide, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the vacated area;
(d) to make good, to the satisfaction of NOPSEMA, any damage to the seabed or subsoil in the vacated area caused by any person engaged or concerned in those operations.
(3) The period specified in the notice must be reasonable.
(4) Paragraph (2)(c) has effect subject to:
(a) Chapter 3; and
(b) this Chapter; and
(c) the regulations.
(5) In attaining a state of satisfaction for the purposes of paragraph (2)(b), NOPSEMA must have regard to the principle that plugging or closing off wells should be carried out in a way that minimises damage to the petroleum‑bearing qualities of geological formations.
Offence
(6) A person commits an offence if:
(a) the person is subject to a direction under subsection (2); and
(b) the person omits to do an act; and
(c) the omission breaches the direction.
Penalty: 100 penalty units.
(7) An offence against subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the
Criminal Code .
Repeal the heading, substitute:
Omit “operations.”, substitute “operations;”.
Add:
so long as the direction is given for a purpose that relates to:
(e) resource management; or
(f) resource security; or
(g) decommissioning.
Add:
Inconsistency
(8) If a direction under this section is inconsistent with a direction under section 594A, the direction under this section has no effect to the extent of the inconsistency.
Insert:
Scope
(1) This section applies if a direction is given under section 594A.
NOPSEMA may take action
(2) If:
(a) a direction under section 594A has been breached in relation to the vacated area; or
(b) an arrangement under section 594A has not been carried out in relation to the vacated area;
NOPSEMA may do any or all of the things required by the direction or arrangement to be done.
(3) If:
(a) a direction is given under section 594A; and
(b) any property brought into the vacated area by any person engaged or concerned in the operations authorised by the permit, lease, licence or authority has not been removed in accordance with:
(i) a direction under section 594A in relation to the vacated area; or
(ii) an arrangement under section 594A in relation to the vacated area;
NOPSEMA may, by notifiable instrument, direct the owner or owners of that property to:
(c) remove the property from the vacated area; or
(d) dispose of the property to the satisfaction of NOPSEMA;
within the period specified in the instrument.
Note: For sanctions, see section 596A.
(4) The period specified in the instrument must be reasonable.
(5) If a direction is given under subsection (3) in relation to property, NOPSEMA must give a copy of the instrument to each person whom NOPSEMA believes to be an owner of the property or of any part of the property.
Insert:
Power to remove, dispose of or sell property
(1) If a direction under subsection 595A(3) has been breached in relation to property, NOPSEMA may do any or all of the following things:
(a) remove, in such manner as NOPSEMA thinks fit, any or all of that property from the vacated area concerned;
(b) dispose of, in such manner as NOPSEMA thinks fit, any or all of that property;
(c) if, under subsection 595A(5), a person was given a copy of the notice of the direction—sell, by public auction or otherwise, as NOPSEMA thinks fit, any or all of that property that belongs, or that NOPSEMA believes to belong, to that person.
Deduction of costs and expenses etc. from proceeds of sale
(2) NOPSEMA may deduct, from the proceeds of a sale under subsection (1) of property that belongs (or that NOPSEMA believes to belong) to a particular person, the whole or a part of:
(a) any costs and expenses incurred by NOPSEMA under that subsection in relation to that property; and
(b) any costs and expenses incurred by NOPSEMA in relation to the doing of any thing required by a direction under section 594A to be done by that person; and
(c) any fees or amounts payable by that person to NOPSEMA under this Act, so long as the fee or amount is due and payable.
(3) NOPSEMA may, on behalf of the Commonwealth, deduct, from the proceeds of a sale under subsection (1) of property that belongs (or that NOPSEMA believes to belong) to a particular person, the whole or a part of:
(a) any fees or amounts payable by that person to the Commonwealth under this Act, so long as the fee or amount concerned is due and payable; and
(b) any amounts payable by that person under any of the following provisions of the Regulatory Levies Act:
(i) section 5;
(ii) section 7;
(iii) section 9;
(iv) section 10A;
(v) section 10C;
(vi) section 10E;
(vii) section 10F;
so long as the amount concerned is due and payable.
(4) If NOPSEMA deducts an amount under subsection (3), NOPSEMA must remit that amount to the Commonwealth.
Balance of proceeds of sale to be paid to owner of property
(5) The proceeds of a sale of property under subsection (1), less any deductions under subsection (2) or (3), are to be paid to the owner of the property.
Recovery of costs and expenses—removal, disposal or sale of property
(6) If NOPSEMA incurs any costs or expenses under subsection (1) in relation to the removal, disposal or sale of property, the costs or expenses:
(a) are a debt due by the owner of the property to NOPSEMA; and
(b) to the extent to which they are not recovered under subsection (2)—are recoverable in:
(i) the Federal Court; or
(ii) the Federal Circuit Court; or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
Recovery of costs and expenses—breach of direction
(7) If NOPSEMA incurs costs or expenses in relation to the doing of anything required by a direction under section 594A to be done by a person who is or was the registered holder of:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence; or
(d) a greenhouse gas search authority; or
(e) a greenhouse gas special authority;
the costs or expenses:
(f) are a debt due by the person to NOPSEMA; and
(g) to the extent to which they are not recovered under subsection (2)—are recoverable in:
(i) the Federal Court; or
(ii) the Federal Circuit Court; or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.
Repeal the paragraph, substitute:
(d) any amounts payable by that person under any of the following provisions of the Regulatory Levies Act:
(i) section 5;
(ii) section 7;
(iii) section 9;
(iv) section 10A;
(v) section 10C;
(vi) section 10E;
(vii) section 10F;
so long as the amount concerned is due and payable.
Insert:
(1A) Except as provided by subsection 596A(6) or section 780, no action, suit or proceeding lies in relation to the removal, disposal or sale, or the purported removal, disposal or sale, of property under section 596A.
After “(1)”, insert “or (1A)”.
Repeal the heading, substitute:
After:
• A person must not interfere with offshore petroleum installations or operations.
insert:
• A person must not interfere with greenhouse gas installations or operations.
Insert:
greenhouse gas title means:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence; or
(d) a greenhouse gas search authority; or
(e) a greenhouse gas special authority; or
(f) a greenhouse gas research consent.
Insert:
1A | Chapter 3 | Regulation of activities related to injection and storage of greenhouse gas substances |
Insert:
2A | Chapter 5 | Registration of transfers of, and dealings in, greenhouse gas titles |
Repeal the items, substitute:
3 | Part 6.1 | Operations |
Insert:
5A | Part 6.3 | Directions relating to greenhouse gas |
Repeal the item, substitute:
6 | Part 6.4 | Restoration of the environment |
68
Subsection 601(1) (table item 9, column headed “Provisions”) Omit “, to the extent that the Part applies in relation to petroleum titles”.
69
Subsection 601(1) (table item 11, column headed “Provisions”) Omit “, to the extent that the Division applies in relation to petroleum titles”.
Insert:
12A | Chapter 8 | Information relating to greenhouse gas |
71
Subsection 601(1) (table item 13, column headed “Topic”) Omit “Petroleum environmental laws”, substitute “Environmental management laws”.
72
Subsection 601(1) (table item 16, column headed “Provisions”) Omit “, to the extent that the regulations apply in relation to petroleum titles”.
Insert:
16A | The provisions of the | Regulation of greenhouse gas injection and storage |
Repeal the item, substitute:
17 | The provisions of Part 5 of the | Structural integrity of wells and well operations |
75
Subsection 601(1) (table item 18, column headed “Provisions”) Omit “, to the extent that the regulations apply in relation to petroleum titles”.
Insert:
Note 1: Under Schedule 2A to this Act, NOPSEMA inspectors may exercise additional powers, and perform additional functions, for the purpose of monitoring environmental management laws.
After “Note”, insert “2”.
Omit “, environmental management laws and structural integrity laws”.
After “Part”, insert “2 or”.
Omit “a petroleum environmental law”, substitute “an environmental management law”.
Omit “a petroleum environmental inspection”, substitute “an environmental inspection”.
Omit “a petroleum environmental inspection”, substitute “an environmental inspection”.
Omit “a petroleum environmental law”, substitute “an environmental management law”.
84
Subsection 602G(3) (paragraph (b) of the definition of responsible person ) After “a petroleum title”, insert “or greenhouse gas title”.
Repeal the heading, substitute:
Omit “the petroleum environmental laws”, substitute “environmental management laws (within the meaning of that Schedule)”.
87
Subsection 602K(8) (definition of greenhouse gas title ) Repeal the definition, substitute:
greenhouse gas title : see section 600.
88
Subsection 602K(8) (paragraph (b) of the definition of inspection ) Omit “a petroleum environmental inspection”, substitute “an environmental inspection”.
89
Subsection 602K(8) (definition of offshore premises ) Repeal the definition, substitute:
offshore premises has the same meaning as in Schedule 2A.
90
Subsection 602K(8) (paragraph (b) of the definition of titleholder’s obligations ) Omit “a petroleum environmental inspection”, substitute “an environmental inspection”.
91
Subsection 602K(8) (paragraph (b) of the definition of titleholder’s obligations ) Omit “a petroleum environmental law”, substitute “an environmental management law”.
92
Subsection 602K(8) (subparagraph (c)(ii) of the definition of titleholder’s obligations ) Omit “, to the extent that the Part relates to petroleum titles”.
Omit “petroleum environmental laws”, substitute “environmental management laws”.
Repeal the heading.
Repeal the sections.
96
Subsection 611B(2) (table item 2, column headed “is an authorised applicant in relation to the following civil penalty provisions in this Act (to the extent indicated) …”, after paragraph (b)) Insert:
(ba) subsection 452A(9);
97
Subsection 611B(2) (table item 3, column headed “is an authorised applicant in relation to the following civil penalty provisions in this Act (to the extent indicated) …”, after paragraph (d)) Insert:
(da) subsection 452A(9);
Insert:
(ca) subsection 452A(7);
99
Subsection 611E(2) (table item 1, column headed “is an infringement officer in relation to the following provisions in this Act …”, after paragraph (a)) Insert:
(aa) subsection 452A(7);
100
Subsection 611E(2) (table item 2, column headed “is an infringement officer in relation to the following provisions in this Act …”, after paragraph (c)) Insert:
(ca) subsection 452A(7);
101
Subsection 611E(2) (table item 3, column headed “is an infringement officer in relation to the following provisions in this Act …”, after paragraph (c)) Insert:
(ca) subsection 452A(7);
102
Subsection 611J(2) (table item 3, column headed “is an authorised person in relation to the following provisions in this Act (to the extent indicated) ...”, after paragraph (b)) Insert:
(ba) subsections 452A(2), (3), (4) and (5);
103
Subsection 611J(2) (table item 3, column headed “is an authorised person in relation to the following provisions in this Act (to the extent indicated) ...”, paragraph (v)) After “(2)”, insert “, (2A)”.
104
Subsection 611J(2) (table item 4, column headed “is an authorised person in relation to the following provisions in this Act (to the extent indicated) ...”, after paragraph (d)) Insert:
(da) subsections 452A(2), (3), (4) and (5);
Omit:
• The responsible Commonwealth Minister may prohibit certain vessels from entering or being present in an area (called a
greenhouse gas safety zone ) surrounding a greenhouse gas well, a structure, or an item of equipment, in an offshore area.substitute:
• NOPSEMA may prohibit certain vessels from entering or being present in an area (called a
greenhouse gas safety zone ) surrounding a greenhouse gas well, a structure, or an item of equipment, in an offshore area.
106
Section 614 (paragraph (d) of the definition of exempt vessel ) Omit “the responsible Commonwealth Minister”, substitute “NOPSEMA”.
Omit “or (3)”.
Repeal the subsection.
Omit “or (3)”.
Omit “the responsible Commonwealth Minister” (wherever occurring), substitute “NOPSEMA”.
111
Section 643 (definition of environmental management law ) Repeal the definition.
Repeal the subsections, substitute:
Limits on greenhouse gas storage functions
(5) Section 646 does not authorise NOPSEMA to perform a function that is:
(a) mentioned in a State greenhouse gas storage functions provision; and
(b) conferred by or under a particular State PSLA or the Territory PSLA;
unless:
(c) the functions mentioned in paragraph 646(b), to the extent to which it relates to occupational health and safety matters in connection with offshore greenhouse gas storage operations, are conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be; and
(d) the functions mentioned in paragraph 646(gb), to the extent to which it relates to structural integrity in connection with:
(i) the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites; or
(ii) the injection of a greenhouse gas substance into the seabed or subsoil; or
(iii) the permanent storage of a greenhouse gas substance in the seabed or subsoil; or
(iv) the compression, processing, offloading, piped conveyance or pre‑injection storage of a greenhouse gas substance; or
(v) the monitoring of a greenhouse gas substance stored in the seabed or subsoil;
are conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be; and
(e) there are provisions of the State PSLA or Territory PSLA, as the case may be, that substantially correspond to Schedule 3 to this Act as in force:
(i) at the commencement of this subsection; or
(ii) at any later time; and
(f) there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the greenhouse gas storage provisions of the
Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 as in force:
(i) at the commencement of this subsection; or
(ii) at any later time; and
(g) there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the greenhouse gas storage provisions of Part 5 of the
Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 as in force:
(i) at the commencement of this subsection; or
(ii) at any later time; and
(h) if the function mentioned in paragraph 646(gj) is conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be—there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the greenhouse gas storage provisions of the
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 as in force:
(i) at the commencement of this subsection; or
(ii) at any later time.
Note 1: For
State greenhouse gas storage functions provision , see subsection (6).Note 2: For
greenhouse gas storage provisions , see subsection (8).
(6) For the purposes of this section,
State greenhouse gas storage functions provision means:
(a) paragraph 646(b), to the extent to which it relates to occupational health and safety matters in connection with offshore greenhouse gas storage operations; or
(b) paragraph 646(gb), to the extent to which it relates to structural integrity in connection with:
(i) the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites; or
(ii) the injection of a greenhouse gas substance into the seabed or subsoil; or
(iii) the permanent storage of a greenhouse gas substance in the seabed or subsoil; or
(iv) the compression, processing, offloading, piped conveyance or pre‑injection storage of a greenhouse gas substance; or
(v) the monitoring of a greenhouse gas substance stored in the seabed or subsoil; or
(c) paragraph 646(gj).
Omit “Act.”, substitute “Act; or”.
Insert:
(c) the exercise of a power, or the performance of a function, under the Regulatory Powers Act so far as it applies in relation to a provision of this Act; or
(d) the administration of the Regulatory Powers Act so far as it applies in relation to a provision of this Act.
Omit “information or a thing”, substitute “information, or a thing,”.
Insert:
Part does not apply in relation to Part 8.3
(4A) This Part does not apply to:
(a) offshore information, or a thing, covered by Part 8.3; or
(b) a legislative instrument made for the purposes of that Part.
Repeal the subsection, substitute:
Part does not apply in relation to certain offshore greenhouse gas storage operations
(6) This Part does not apply to the extent that offshore information:
(a) relates to offshore greenhouse gas storage operations (within the meaning of Part 6.9); and
(b) is personal information (within the meaning of the
Privacy Act 1988 ); and(c) was obtained before the commencement of this subsection.
Omit:
• The Titles Administrator or a greenhouse gas project inspector may obtain information or documents.
substitute:
• The Titles Administrator or a NOPSEMA inspector may obtain information or documents.
Repeal the heading, substitute:
Repeal the paragraph, substitute:
(b) a NOPSEMA inspector;
Omit “greenhouse gas project inspector” (wherever occurring), substitute “NOPSEMA inspector”.
Omit “greenhouse gas project inspector” (wherever occurring), substitute “NOPSEMA inspector”.
Omit “greenhouse gas project inspector”, substitute “NOPSEMA inspector”.
Repeal the heading, substitute:
Omit “greenhouse gas project inspector”, substitute “NOPSEMA inspector”.
Omit “greenhouse gas project inspector”, substitute “NOPSEMA inspector”.
Omit “greenhouse gas project inspector”, substitute “NOPSEMA inspector”.
Omit “greenhouse gas project inspector as to the exercise of the greenhouse gas project inspector’s”, substitute “NOPSEMA inspector as to the exercise of the NOPSEMA inspector’s”.
Omit “greenhouse gas project inspector”, substitute “NOPSEMA inspector”.
Repeal the paragraph.
Repeal the heading (including the note), substitute:
Note: See section 602J.
Repeal the clause, substitute:
• This Schedule covers those provisions of this Act (called environmental management laws) that concern offshore petroleum and greenhouse gas storage environmental management in Commonwealth waters.
• NOPSEMA inspectors may conduct an inspection (called an environmental inspection) to monitor compliance with environmental management laws.
• A NOPSEMA inspector must prepare a report about an inspection and give the report to NOPSEMA.
• The powers that a NOPSEMA inspector may exercise for the purposes of an inspection are in addition to the powers in relation to environmental management laws that the inspector may exercise for the purposes of Division 1 of Part 6.5 of this Act.
Insert:
eligible premises means premises (within the ordinary meaning of that expression), and includes the following:
(a) a structure or building;
(b) a place that is enclosed;
(c) a part of a thing referred to in paragraph (a) or (b).
Omit “petroleum”.
Insert:
environmental inspection : see clause 3.
environmental management law means:
(a) the provisions of this Act, to the extent to which the provisions relate to, or empower NOPSEMA to take action in relation to, offshore petroleum environmental management (within the meaning of Part 6.9 of this Act) in relation to Commonwealth waters; or
(b) the provisions of this Act, to the extent to which the provisions relate to, or empower NOPSEMA to take action in relation to, offshore greenhouse gas storage environmental management (within the meaning of Part 6.9 of this Act) in relation to Commonwealth waters;
and includes:
(c) a requirement made under a provision of this Act, to the extent mentioned in paragraph (a); and
(d) a requirement made under a provision of this Act, to the extent mentioned in paragraph (b); and
(e) section 571 (which deals with financial assurance); and
(f) a regulation made for the purposes of subsection 571(3) in relation to compliance with section 571.
147
Clause 2 of Schedule 2A (definition of facility ) Repeal the definition, substitute:
facility has the meaning given by Schedule 3.
Insert:
greenhouse gas title means:
(a) a greenhouse gas assessment permit; or
(b) a greenhouse gas holding lease; or
(c) a greenhouse gas injection licence; or
(d) a greenhouse gas search authority; or
(e) a greenhouse gas special authority; or
(f) a greenhouse gas research consent.
149
Clause 2 of Schedule 2A (definition of offence against a petroleum environmental law ) Repeal the definition.
Insert:
offence against an environmental management law : see clause 14.
151
Clause 2 of Schedule 2A (definition of offshore petroleum premises ) Repeal the definition.
Insert:
offshore premises means any of the following, if located in Commonwealth waters:
(a) a facility;
(b) an infrastructure facility that is (or has been) the subject of an infrastructure licence;
(c) a vessel that is or is to be used, or that has been used, to carry out a seismic survey for the following purposes:
(i) petroleum exploration;
(ii) exploration for potential greenhouse gas storage formations;
(iii) exploration for potential greenhouse gas injection sites;
(d) any other premises (other than a vessel under the command or charge of a master) that are or are to be used, or that have been used, for the carrying out of an activity in connection with the exercise of a titleholder’s rights, or the performance of a titleholder’s obligations, under this Act.
Repeal the following definitions:
(a) definition of
petroleum environmental inspection ;(b) definition of
petroleum environmental law .
154
Clause 2 of Schedule 2A (definition of premises ) Omit “Act in its application under Division 1 of Part 6.5 of this Act (see section 602F of this Act)”, substitute “Act. This definition does not apply to the definition of
eligible premises ”.
155
Clause 2 of Schedule 2A (definition of regulated business premises ) Repeal the definition, substitute:
regulated business premises means:
(a) eligible premises that are:
(i) on land; and
(ii) occupied by the registered holder of a title; and
(iii) used, or proposed to be used, wholly or principally in connection with operations in relation to one or more titles, including that title; or
(b) eligible premises that are:
(i) on land; and
(ii) occupied by a related body corporate of the registered holder of a title; and
(iii) used, or proposed to be used, wholly or principally in connection with operations in relation to one or more titles, including that title; or
(c) eligible premises that are:
(i) on land; and
(ii) occupied by a person who, under a contract, arrangement or understanding with the registered holder of a title, has carried out, is carrying out, or is to carry out one or more operations in connection with the exercise of the holder’s rights, or the performance of the holder’s obligations, under this Act; and
(iii) used, or proposed to be used, wholly or partly in connection with operations in relation to one or more titles, including that title; and
(iv) not used as a residence; or
(d) eligible premises that are:
(i) on land; and
(ii) occupied by a person who, under a contract, arrangement or understanding with a related body corporate of the registered holder of a title, has carried out, is carrying out, or is to carry out one or more operations in connection with the exercise of the holder’s rights, or the performance of the holder’s obligations, under this Act; and
(iii) used, or proposed to be used, wholly or partly in connection with operations in relation to one or more titles, including that title; and
(iv) not used as a residence.
Insert:
title means:
(a) a petroleum title; or
(b) a greenhouse gas title.
157
Clause 2 of Schedule 2A (definition of titleholder ) Repeal the definition, substitute:
titleholder means the registered holder of:
(a) a petroleum title; or
(b) a greenhouse gas title.
Repeal the heading, substitute:
Repeal the heading, substitute:
Repeal the heading, substitute:
Repeal the heading, substitute:
What is an environmental inspection ?
Omit “A
petroleum ”, substitute “An”.
Omit “a petroleum environmental inspection”, substitute “an environmental inspection”.
Omit “a petroleum environmental law”, substitute “an environmental management law”.
Omit “a petroleum environmental law”, substitute “an environmental management law”.
Omit “a petroleum environmental inspection”, substitute “an environmental inspection”.
Omit “a petroleum environmental inspection”, substitute “an environmental inspection”.
Repeal the heading, substitute:
Omit “a petroleum environmental inspection”, substitute “an environmental inspection”.
Omit “and”.
171
At the end of paragraph 4(1)(a) of Schedule 2A Add:
(v) exercise the powers conferred by clause 8 in relation to the inspection;
(vi) exercise the powers conferred by clause 9 in relation to the inspection; and
Omit “offshore petroleum premises” (wherever occurring), substitute “offshore premises”.
Repeal the heading, substitute:
Omit “a petroleum environmental inspection”, substitute “an environmental inspection”.
After “those premises”, insert “plant, substances,”.
After “a petroleum title”, insert “or a greenhouse gas title”.
Omit “a petroleum environmental law”, substitute “an environmental management law”.
Repeal the paragraph, substitute:
(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:
(i) those premises (including any part of those premises); or
(ii) any such plant, substances or things at those premises; and
(e) take photographs of, make video recordings of, or make sketches of:
(i) those premises (including any part of those premises); or
(ii) 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.
Repeal the subclause, substitute:
Notification of entry
(2) Immediately on entering regulated business premises for the purposes of an inspection, a NOPSEMA inspector must take reasonable steps to notify the purpose of the entry to:
(a) in the case of an inspection at regulated business premises that are occupied by the titleholder—a person representing the titleholder; or
(b) in the case of an inspection at regulated business premises that are occupied by a related body corporate of the titleholder—a person representing the related body corporate; or
(c) in the case of an inspection at regulated business premises that are occupied by a person covered by subparagraph (c)(ii) of the definition of
regulated business premises in clause 2—a person representing the person; or
(d) in the case of an inspection at regulated business premises that are occupied by a person covered by subparagraph (d)(ii) of the definition of
regulated business premises in clause 2—a person representing the person.
Omit “occupier” (first occurring), substitute “person required to be notified under subclause (2)”.
Omit “occupier” (second occurring), substitute “person”.
Repeal the heading, substitute:
Repeal the heading, substitute:
Repeal the heading, substitute:
Omit “a petroleum environmental inspection”, substitute “an environmental inspection”.
Omit “offshore petroleum premises”, substitute “offshore premises”.
After “a petroleum title”, insert “or a greenhouse gas title”.
Repeal the heading, substitute:
Omit “a petroleum environmental inspection”, substitute “an environmental inspection”.
After “a petroleum title”, insert “or a greenhouse gas title”.
Omit “offshore petroleum premises”, substitute “offshore premises”.
After “petroleum activities”, insert “or greenhouse gas activities”.
After “premises”, insert “that are occupied by the titleholder”.
Omit “any person”, substitute “a person”.
195
At the end of paragraph 8(1)(b) of Schedule 2A Add:
or (iv) in the case of an inspection at regulated business premises that are occupied by a related body corporate of the titleholder—a person representing the related body corporate; or
(v) in the case of an inspection at regulated business premises that are occupied by a person covered by subparagraph (c)(ii) of the definition of
regulated business premises in clause 2—a person representing the person; or(vi) in the case of an inspection at regulated business premises that are occupied by a person covered by subparagraph (d)(ii) of the definition of
regulated business premises in clause 2—a person representing the person;
Omit “offshore petroleum premises”, substitute “offshore premises”.
Omit “a petroleum environmental inspection”, substitute “an environmental inspection”.
After “a petroleum title”, insert “or a greenhouse gas title”.
Omit “offshore petroleum premises”, substitute “offshore premises”.
After “petroleum activities”, insert “or greenhouse gas activities”.
After “premises”, insert “that are occupied by the titleholder”.
Omit “any person”, substitute “a person”.
203
At the end of paragraph 8(3)(b) of Schedule 2A Add:
or (iv) in the case of an inspection at regulated business premises that are occupied by a related body corporate of the titleholder—a person representing the related body corporate; or
(v) in the case of an inspection at regulated business premises that are occupied by a person covered by subparagraph (c)(ii) of the definition of
regulated business premises in clause 2—a person representing the person; or(vi) in the case of an inspection at regulated business premises that are occupied by a person covered by subparagraph (d)(ii) of the definition of
regulated business premises in clause 2—a person representing the person;
Omit “offshore petroleum premises”, substitute “offshore premises”.
Repeal the heading, substitute:
Notice—taking possession at offshore premises
Omit “offshore petroleum premises”, substitute “offshore premises”.
Repeal the heading, substitute:
Notice—taking possession otherwise than at offshore premises
Omit “offshore petroleum premises”, substitute “offshore premises”.
Repeal the heading, substitute:
Omit “a petroleum environmental inspection”, substitute “an environmental inspection”.
After “a petroleum title”, insert “or a greenhouse gas title”.
Omit “offshore petroleum premises”, substitute “offshore premises”.
Before “in connection with”, insert “, or regulated business premises,”.
Omit “in any case”, substitute “if the premises are offshore premises”.
Insert:
(ca) if the premises are regulated business premises that are occupied by the titleholder—a person who represents the titleholder;
(cb) if the premises are regulated business premises that are occupied by a related body corporate of the titleholder—a person who represents the related body corporate;
(cc) if the premises are regulated business premises that are occupied by a person covered by subparagraph (c)(ii) of the definition of
regulated business premises in clause 2—a person who represents the person;(cd) if the premises are regulated business premises that are occupied by a person covered by subparagraph (d)(ii) of the definition of
regulated business premises in clause 2—a person who represents the person;
Omit “or (c)”, substitute “, (c), (ca), (cb), (cc) or (cd)”.
Omit “The following”, substitute “If the notice relates to offshore premises, the following”.
Insert:
(3A) If the notice relates to regulated business premises, the following person must cause the notice to be displayed in a prominent place at the premises:
(a) if the premises are occupied by the titleholder—the titleholder;
(b) if the premises are occupied by a related body corporate of the titleholder—a person who represents the related body corporate;
(c) if the premises are occupied by a person covered by subparagraph (c)(ii) of the definition of
regulated business premises in clause 2—a person who represents the person;(d) if the premises are occupied by a person covered by subparagraph (d)(ii) of the definition of
regulated business premises in clause 2—a person who represents the person.
Repeal the paragraph, substitute:
(b) if the NOPSEMA inspector took possession of the plant, substance or thing at offshore premises—return it to the offshore premises as soon as practicable afterwards; and
(c) if the NOPSEMA inspector took possession of the plant, substance or thing at regulated business premises—return it to a representative of the occupier of the premises as soon as practicable afterwards.
Repeal the heading, substitute:
Omit “a petroleum”, substitute “an”.
Omit “offshore petroleum premises”, substitute “offshore premises”.
Repeal the heading, substitute:
Repeal the heading, substitute:
Omit “a petroleum”, substitute “an”.
Omit “offshore petroleum premises”, substitute “offshore premises”.
227
Subclause 11A(9) of Schedule 2A (definition of premises ) Omit “petroleum”.
Repeal the heading, substitute:
Omit “petroleum”.
Omit “petroleum”.
Omit “a petroleum”, substitute “an”.
232
Subclause 11B(7) of Schedule 2A (definition of premises ) Omit “petroleum”.
Repeal the heading, substitute:
Omit “a petroleum”, substitute “an”.
Omit “offshore petroleum premises”, substitute “offshore premises”.
Omit “a petroleum environmental law” (wherever occurring), substitute “an environmental management law”.
Repeal the heading, substitute:
Omit “a petroleum environmental inspection”, substitute “an environmental inspection”.
Omit “offshore petroleum premises”, substitute “offshore premises”.
Omit “a petroleum environmental law”, substitute “an environmental management law”.
Repeal the heading, substitute:
After “9(3)”, insert “or (3A)”.
Insert:
(2A) If a notice has been displayed under subclause 9(3A), a person must not remove the notice until the plant, substance or thing to which the notice relates is returned to a representative of the occupier of the premises from which it was removed.
After “(2)”, insert “, (2A)”.
Repeal the heading, substitute:
Repeal the heading, substitute:
Repeal the heading, substitute:
Omit “a petroleum environmental law”, substitute “an environmental management law”.
Omit “a petroleum environmental inspection”, substitute “an environmental inspection”.
Omit “a petroleum environmental inspection”, substitute “an environmental inspection”.
After “a petroleum title”, insert “or a greenhouse gas title”.
Repeal the clause, substitute:
In this Schedule:
offence against an environmental management law includes an offence against section 6 of theCrimes Act 1914 that relates to an offence against an environmental management law.Note: For other ancillary offences, see section 11.6 of the
Criminal Code .
Repeal the heading, substitute:
Omit “a petroleum environmental law”, substitute “an environmental management law”.
Repeal the heading, substitute:
Omit “a petroleum environmental law”, substitute “an environmental management law”.
Omit “a petroleum environmental law”, substitute “an environmental management law”.
Repeal the heading, substitute:
Omit “a petroleum environmental law” (wherever occurring), substitute “an environmental management law”.
Repeal the heading, substitute:
Omit “a petroleum environmental law”, substitute “an environmental management law”.
Insert:
eligible premises means premises (within the ordinary meaning of that expression), and includes the following:
(a) a structure or building;
(b) a place that is enclosed;
(c) a part of a thing referred to in paragraph (a) or (b).
263
Clause 3 of Schedule 3 (definition of premises ) Omit “Act in its application under Division 1 of Part 6.5 of this Act (see section 602F of this Act).”, substitute “Act. This definition does not apply to the definition of
eligible premises .”.
264
Clause 3 of Schedule 3 (paragraph (b) of the definition of regulated business premises ) Before “premises”, insert “eligible”.
265
Clause 3 of Schedule 3 (before subparagraph (b)(i) of the definition of regulated business premises ) Insert:
(ia) on land; and
266
Clause 3 of Schedule 3 (paragraphs (c) and (d) of the definition of regulated business premises ) Repeal the paragraphs, substitute:
(c) eligible premises that are:
(i) on land; and
(ii) occupied by a related body corporate of the operator of a facility; and
(iii) used, or proposed to be used, wholly or principally in connection with the performance by the operator of the operator’s obligations under this Schedule or the
Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 , or both, in relation to the health and safety of persons at or near the facility; or(d) eligible premises that are:
(i) on land; and
(ii) occupied by a person who, under a contract with the operator of a facility, has carried out, is carrying out, or is to carry out, activities in connection with the performance by the operator of the operator’s obligations under this Schedule or the
Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 , or both, in relation to the health and safety of persons at or near the facility; and(iii) used, or proposed to be used, wholly or partly in connection with those activities; and
(iv) not used as a residence; or
(e) eligible premises that are:
(i) on land; and
(ii) occupied by a person who, under a contract with a related body corporate of the operator of a facility, has carried out, is carrying out, or is to carry out, activities in connection with the performance by the operator of the operator’s obligations under this Schedule or the
Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 , or both, in relation to the health and safety of persons at or near the facility; and(iii) used, or proposed to be used, wholly or partly in connection with those activities; and
(iv) not used as a residence; or
(f) eligible premises that are:
(i) on land; and
(ii) occupied by the registered holder of a title; and
(iii) used, or proposed to be used, wholly or principally in connection with offshore petroleum operations or offshore greenhouse gas storage operations; or
(g) eligible premises that are:
(i) on land; and
(ii) occupied by a related body corporate of the registered holder of a title; and
(iii) used, or proposed to be used, wholly or principally in connection with offshore petroleum operations or offshore greenhouse gas storage operations; or
(h) eligible premises that are:
(i) on land; and
(ii) occupied by a person who, under a contract with the registered holder of a title, has carried out, is carrying out, or is to carry out, in Commonwealth waters, offshore petroleum operations or offshore greenhouse gas storage operations; and
(iii) used, or proposed to be used, wholly or partly in connection with those operations; and
(iv) not used as a residence; or
(i) eligible premises that are:
(i) on land; and
(ii) occupied by a person who, under a contract with a related body corporate of the registered holder of a title, has carried out, is carrying out, or is to carry out, in Commonwealth waters, offshore petroleum operations or offshore greenhouse gas storage operations; and
(iii) used, or proposed to be used, wholly or partly in connection with those operations; and
(iv) not used as a residence.
Note: See also the definition of
contract .
Insert:
title means:
(a) a petroleum title; or
(b) a greenhouse gas title.
Omit “and”.
269
At the end of paragraph 50(1)(a) of Schedule 3 Add:
(v) exercise the powers conferred by clause 74 in relation to the OHS inspection;
(vi) exercise the powers conferred by clause 75 in relation to the OHS inspection; and
Omit “documents”, substitute “plant, substances, documents or things”.
Repeal the paragraph, substitute:
(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 74 in relation to the OHS inspection; and
(g) exercise the powers conferred by clause 75 in relation to the OHS inspection.
Repeal the subclause, substitute:
Notification of entry
(2) Immediately on entering regulated business premises (other than a facility) for the purposes of an OHS inspection, a NOPSEMA inspector must take reasonable steps to notify the purpose of the entry to:
(a) in the case of an inspection at regulated business premises that are occupied by the operator of a facility—a person representing the operator; or
(b) in the case of an inspection at regulated business premises that are occupied by a related body corporate of the operator of a facility—a person representing the related body corporate; or
(c) in the case of an inspection at regulated business premises that are occupied by a person covered by subparagraph (d)(ii) of the definition of
regulated business premises in clause 3—a person representing the person; or(d) in the case of an inspection at regulated business premises that are occupied by a person covered by subparagraph (e)(ii) of the definition of
regulated business premises in clause 3—a person representing the person; or(e) in the case of an inspection at regulated business premises that are occupied by the registered holder of a title—a person representing the registered holder; or
(f) in the case of an inspection at regulated business premises that are occupied by a related body corporate of the registered holder of a title—a person representing the related body corporate; or
(g) in the case of an inspection at regulated business premises that are occupied by a person covered by subparagraph (h)(ii) of the definition of
regulated business premises in clause 3—a person representing the person; or(h) in the case of an inspection at regulated business premises that are occupied by a person covered by subparagraph (i)(ii) of the definition of
regulated business premises in clause 3—a person representing the person.
Omit “occupier” (first occurring), substitute “person required to be notified under subclause (2)”.
Omit “occupier” (second occurring), substitute “person”.
Insert:
(va) in the case of an inspection at regulated business premises that are occupied by a related body corporate of the operator of a facility—a person representing the related body corporate; or
Penalty: 300 penalty units.
Civil penalty
(4) A person is liable to a civil penalty if the person contravenes a requirement under subclause (2).
Civil penalty: 400 penalty units.
Notice to interested persons
(5) As soon as practicable after issuing the notice, the NOPSEMA inspector must take reasonable steps to give a copy of the notice to the following persons:
(a) the operator’s representative at the facility;
(b) if the facility is owned by a person other than the titleholder or operator—that owner.
Display of notice
(6) The titleholder must cause a copy of the notice to be displayed in a prominent place at the facility.
Continuing offences and continuing contraventions of civil penalty provisions
(7) The maximum penalty for each day that an offence under subclause (3) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subclause (3) is a continuing offence under section 4K of the
Crimes Act 1914 .(8) The maximum civil penalty for each day that a contravention of subclause (4) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subclause (4) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Tampering with notice
(1) A person must not tamper with any notice that has been displayed under subclause 8(16), 9(3) or (4), 11(2), 13(3) or 15(6) while that notice is so displayed.
Removal of notice
(2) If a notice has been displayed under subclause 8(16), a person must not remove the notice until the thing to which the notice relates is returned under subclause 8(19).
(3) If a notice has been displayed under subclause 9(3), a person must not remove the notice until the plant, substance or thing to which the notice relates is returned to the facility from which it was removed.
(4) If a notice has been displayed under subclause 9(4), a person must not remove the notice until the plant, substance or thing to which the notice relates is returned to a representative of the occupier of the premises from which it was removed.
(5) If a notice has been displayed under subclause 11(2), 13(3) or 15(6), a person must not remove the notice before the notice has ceased to have effect.
Offence
(6) A person commits an offence if:
(a) the person is subject to a requirement under subclause (1), (2), (3), (4) or (5); and
(b) the person engages in conduct; and
(c) the conduct breaches the requirement.
Penalty: 50 penalty units.
(7) Subclause (6) does not apply if the person has a reasonable excuse.
Note 1: A defendant bears an evidential burden in relation to the matter in subclause (7)—see subsection 13.3(3) of the
Criminal Code .Note 2: See also Part 2.3 of the
Criminal Code (circumstances in which there is no criminal responsibility).(8) An offence against subclause (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the
Criminal Code .
(1) NOPSEMA must:
(a) publish on its website a well integrity prohibition notice or a well integrity improvement notice; and
(b) do so within 21 days after the notice is issued.
(2) However, NOPSEMA must not publish the notice if it is aware that the decision to issue a notice is the subject of an application for review by a court.
(3) If:
(a) the notice is published on NOPSEMA’s website; and
(b) the decision to issue the notice is, or becomes, the subject of an application for review by a court;
NOPSEMA must remove the notice from the website as soon as practicable after becoming aware of the application.
(4) If:
(a) all rights for judicial review (including any right of appeal) in relation to the decision to issue the notice have been exhausted; and
(b) the decision to issue the notice has been upheld;
NOPSEMA must publish the notice on its website within 21 days after becoming aware that the rights have been exhausted.
(5) If a notice contains personal information (within the meaning of the
Privacy Act 1988 ), NOPSEMA must take such steps as are reasonable in the circumstances to ensure that the information is de‑identified before the notice is published.(6) Personal information is
de‑identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable.
Scope
(1) This clause applies if a NOPSEMA inspector has conducted either of the following inspections in relation to a well integrity law:
(a) a well integrity inspection (under this Part);
(b) an inspection for the purposes of Division 1 of Part 6.5 of this Act.
Report to be given to NOPSEMA
(2) If a NOPSEMA inspector has conducted a well integrity inspection in relation to a title, the inspector must, as soon as practicable, prepare a written report relating to the inspection and give the report to NOPSEMA.
(3) The report must include:
(a) the NOPSEMA inspector’s conclusions from conducting the inspection and the reasons for those conclusions; and
(b) any recommendations that the NOPSEMA inspector wishes to make arising from the inspection; and
(c) such other matters (if any) as are prescribed by the regulations.
Copies of report to be given to titleholder
(4) As soon as practicable after receiving the report, NOPSEMA must give a copy of the report, together with any written comments that it wishes to make, to the titleholder.
Details of remedial action etc.
(5) NOPSEMA may, in writing, request the titleholder to provide to NOPSEMA, within a reasonable period specified in the request, details of any action proposed to be taken as a result of the conclusions or recommendations contained in the report.
(6) The titleholder must comply with a request under subclause (5).
In this Schedule:
offence against a well integrity law includes an offence against section 6 of theCrimes Act 1914 that relates to an offence against a well integrity law.Note: For other ancillary offences, see section 11.6 of the
Criminal Code .
Proceedings for an offence against a well integrity law may be instituted by NOPSEMA or by a NOPSEMA inspector.
Scope
(1) This clause has effect for the purposes of a proceeding for an offence against a well integrity law.
State of mind of a body corporate
(2) If it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:
(a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of actual or apparent authority; and
(b) that the director, employee or agent had the state of mind.
Conduct of a body corporate
(3) Any conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of actual or apparent authority is taken to have been engaged in also by the body corporate unless it establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.
State of mind of an individual
(4) If it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show:
(a) that the conduct was engaged in by an employee or agent of the individual within the scope of actual or apparent authority; and
(b) that the employee or agent had the state of mind.
Conduct of an individual
(5) Any conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of actual or apparent authority is taken to have been engaged in also by the individual unless the individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.
Limitation on imprisonment
(6) If:
(a) an individual is convicted of an offence; and
(b) he or she would not have been convicted of the offence if subclauses (4) and (5) had not been enacted;
he or she is not liable to be punished by imprisonment for that offence.
Extended meaning of state of mind
(7) A reference in subclause (2) or (4) to the
state of mind of a person includes a reference to:
(a) the person’s knowledge, intention, opinion, belief or purpose; and
(b) the person’s reasons for the intention, opinion, belief or purpose.
Disapplication of Part 2.5 of the Criminal Code
(8) Part 2.5 of the
Criminal Code does not apply to an offence against a well integrity law.
(1) This Schedule does not:
(a) confer a right of action in any civil proceeding in respect of any contravention of a provision of a well integrity law; or
(b) confer a defence to an action in any civil proceeding or otherwise affect a right of action in any civil proceeding.
(2) However, subclause (1) does not apply in relation to the enforcement, for the purposes of Division 4 of Part 6.5 of this Act, of a well integrity law that is a civil penalty provision.
It is a defence to a prosecution for refusing or failing to do anything required by a well integrity law if the defendant proves that it was not practicable to do that thing because of an emergency prevailing at the relevant time.
Note: A defendant bears a legal burden in relation to the matter in this clause—see section 13.4 of the
Criminal Code .
(1) Paragraph 3(2)(a) of Schedule 2B to the
Offshore Petroleum and Greenhouse Gas Storage Act 2006 (as amended by this Act) applies in relation to determining a question that relates to an act or omission that occurred before, or that occurs at or after, the commencement of this item.(2) Paragraph 3(2)(b) of Schedule 2B to the
Offshore Petroleum and Greenhouse Gas Storage Act 2006 (as amended by this Act) applies in relation to determining a question that relates to information that was given before, or is given at or after, the commencement of this item.
Add:
Extension to external Territories
(11) Part 2 of the Regulatory Powers Act extends to each external Territory referred to in section 34, in the application of that Part in relation to both of the following:
(a) the listed NOPSEMA laws;
(b) the information mentioned in subsection (2).
Add:
Extension to external Territories
(11) Part 3 of the Regulatory Powers Act, as it applies in relation to an offence or civil penalty provision mentioned in subsection (1), extends to each external Territory referred to in section 34.
3
Subsection 611B(2) (table item 2, column headed “is an authorised applicant in relation to the following civil penalty provisions in this Act (to the extent indicated) …”, after paragraph (j)) Insert:
(ja) subclause 6(2) of Schedule 2A;
(jb) subclause 11D(4) of Schedule 2A;
Add:
Extension to external Territories etc.
(5) Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions mentioned in subsection (1), extends to each external Territory referred to in section 34.
Add:
Extension to external Territories etc.
(9) Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to each external Territory referred to in section 34.
Add:
Extension to external Territories etc.
(6) Part 7 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to each external Territory referred to in section 34.
Add:
• This Division provides for the acceptance of enforceable undertakings relating to compliance with this Act, relying on the framework set out in Part 6 of the Regulatory Powers Act.
Enforceable provisions and authorised persons
(1) The provisions listed in the table in this section are enforceable under Part 6 of the Regulatory Powers Act.
Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.
(2) The following table has effect.
1 | The responsible Commonwealth Minister | (a) subsection 317(1); (b) subsection 352(1); (c) subsection 378(1); (d) subsection 382(1); (e) subsection 385(1); (f) subsections 386(7), (11) and (16); (g) subsection 420(2); (h) subsection 451(8); (i) subsection 452(5);
(o) subsection 592(5); (p) subsection 593(8); (q) subsection 595(6); (r) subsections 758(1) and (3); (s) subsections 759(4) and (4A); (t) section 764; (u) section 765. |
2 | The Chief Executive Officer of NOPSEMA | (a) subsections 280(3) and (5); (b) subsections 286A(7) and (8A); (c) subsection 460(3); (d) subsections 569(6) and (6B); (e) subsection 570(5); (f) subsections 572(4) and (5A);
(i) subsection 576D(1);
(k) subsections 602K(6) and (7); (l) subsections 620(2), (3), (4) and (5);
(n) subsections 699(5) and (5A); (o) section 705; (p) section 706; (q) section 707; (r) subsection 725(5); (s) section 731; (t) section 732; (u) section 733;
|
3 | The Titles Administrator | (a) subsection 227(5); (b) subsections 228(1) and (1A); (c) subsections 249(2) and (4); (d) subsections 284(5) and (7); (e) subsections 286A(7) and (8A); (f) subsections 507(4), (5) and (5A); (g) subsections 508(4), (5) and (5A); (h) subsections 509(4), (6) and (6A); (i) section 513; (j) subsection 514(1); (k) subsections 556(4) and (5); (l) subsections 557(4) and (5); (m) subsections 558(4) and (6); (n) section 562; (o) section 563; (p) subsections 697(3) and (3B); (q) subsections 699(5) and (5A); (r) section 705; (s) section 706; (t) section 707; (u) subsection 723(3); (v) subsection 725(5); (w) section 731; (x) section 732; (y) section 733. |
Relevant court
(3) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a
relevant court in relation to the provisions mentioned in subsection (1):
(a) the Federal Court;
(b) the Federal Circuit Court;
(c) the Supreme Court of a State or Territory.
When undertaking must not be accepted
(4) An authorised person (within the meaning of Part 6 of the Regulatory Powers Act) must not accept an undertaking that was given by a person (the
first person ) under section 114 of that Act in response to an alleged contravention of a listed OHS law if:
(a) the alleged contravention contributed, or may have contributed, to the death of another person; or
(b) the alleged contravention involved recklessness (within the meaning of the
Criminal Code ); or(c) during the previous 5 years, the first person has been convicted of an OHS offence that contributed to the death of another person; or
(d) both:
(i) during the previous 10 years, the first person has been convicted of 2 or more OHS offences; and
(ii) at least 2 of those convictions arose from separate investigations.
(5) Subsection (4) does not apply if there are exceptional circumstances.
(6) For the purposes of subsection (4),
OHS offence means an offence against a listed OHS law.
Extension to offshore areas
(7) Part 6 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to each offshore area.
Extension to external Territories etc.
(8) Part 6 of the Regulatory Powers Act, as it applies in relation to the provisions mentioned in subsection (1), extends to each external Territory referred to in section 34.
Responsible Commonwealth Minister
(1) If:
(a) the responsible Commonwealth Minister is an authorised person in relation to a provision mentioned in subsection 611N(1); and
(b) a person has given an undertaking under section 114 of the Regulatory Powers Act in relation to the provision; and
(c) the undertaking has been accepted by the responsible Commonwealth Minister under section 114 of the Regulatory Powers Act; and
(d) the undertaking has not been withdrawn or cancelled;
the responsible Commonwealth Minister must publish the undertaking on the Department’s website.
(2) If an undertaking contains personal information (within the meaning of the
Privacy Act 1988 ), the responsible Commonwealth Minister must take such steps as are reasonable in the circumstances to ensure that the information is de‑identified before the undertaking is published under subsection (1).
Chief Executive Officer of NOPSEMA
(3) If:
(a) the Chief Executive Officer of NOPSEMA is an authorised person in relation to a provision mentioned in subsection 611N(1); and
(b) a person has given an undertaking under section 114 of the Regulatory Powers Act in relation to the provision; and
(c) the undertaking has been accepted by the Chief Executive Officer of NOPSEMA under section 114 of the Regulatory Powers Act; and
(d) the undertaking has not been withdrawn or cancelled;
the Chief Executive Officer of NOPSEMA must publish the undertaking on NOPSEMA’s website.
(4) If an undertaking contains personal information (within the meaning of the
Privacy Act 1988 ), the Chief Executive Officer of NOPSEMA must take such steps as are reasonable in the circumstances to ensure that the information is de‑identified before the undertaking is published under subsection (3).
Titles Administrator
(5) If:
(a) the Titles Administrator is an authorised person in relation to a provision mentioned in subsection 611N(1); and
(b) a person has given an undertaking under section 114 of the Regulatory Powers Act in relation to the provision; and
(c) the undertaking has been accepted by the Titles Administrator under section 114 of the Regulatory Powers Act; and
(d) the undertaking has not been withdrawn or cancelled;
the Titles Administrator must publish the undertaking on the Department’s website.
(6) If an undertaking contains personal information (within the meaning of the
Privacy Act 1988 ), the Titles Administrator must take such steps as are reasonable in the circumstances to ensure that the information is de‑identified before the undertaking is published under subsection (5).
De‑identified information
(7) For the purposes of this section, information is
de‑identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable.
A person commits an offence if:
(a) the person has given an undertaking under section 114 of the Regulatory Powers Act in relation to a provision mentioned in subsection 611N(1); and
(b) the undertaking has been accepted under section 114 of the Regulatory Powers Act; and
(c) the undertaking has not been withdrawn or cancelled; and
(d) the person engages in conduct; and
(e) the person’s conduct breaches the undertaking.
Penalty: 250 penalty units.
Before “Regulations may”, insert “(1)”.
Repeal the paragraph, substitute:
(aa) provide that a civil penalty provision of the regulations may be enforced under Part 4 of the Regulatory Powers Act; and
(aaa) provide that a person is an authorised applicant in relation to one or more civil penalty provisions of the regulations for the purposes of Part 4 of the Regulatory Powers Act; and
(aab) provide that a court is a relevant court in relation to one or more civil penalty provisions of the regulations for the purposes of Part 4 of the Regulatory Powers Act; and
After “offence”, insert “provision”.
Insert:
(aba) provide that a person is an infringement officer in relation to one or more provisions of the regulations for the purposes of Part 5 of the Regulatory Powers Act; and
(abb) provide that a person is the relevant chief executive in relation to one or more provisions of the regulations for the purposes of Part 5 of the Regulatory Powers Act; and
(abc) make a provision of the regulations enforceable under Part 6 of the Regulatory Powers Act (which deals with enforceable undertakings); and
(abd) provide that a person is an authorised person in relation to one or more provisions of the regulations for the purposes of Part 6 of the Regulatory Powers Act; and
(abe) provide that a court is a relevant court in relation to one or more provisions of the regulations for the purposes of Part 6 of the Regulatory Powers Act; and
Omit “a legislative instrument”, substitute “an OP/GGS legislative instrument”.
After “provisions”, insert “of an OP/GGS legislative instrument”.
Insert:
(ae) provide that a court is a relevant court in relation to one or more provisions of an OP/GGS legislative instrument for the purposes of Part 7 of the Regulatory Powers Act; and
Add:
Continuing contravention
(2) If a contravention of a civil penalty provision in the regulations is a continuing contravention, the regulations may provide that the maximum civil penalty for each day that the contravention continues is 10% of the maximum civil penalty that could be imposed in respect of that contravention.
Extension to offshore areas
(3) Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions covered by regulations made for the purposes of paragraph (1)(aa), extends to each offshore area.
(4) Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions covered by regulations made for the purposes of paragraph (1)(ab), extends to each offshore area.
(5) Part 6 of the Regulatory Powers Act, as it applies in relation to the provisions covered by regulations made for the purposes of paragraph (1)(abc), extends to each offshore area.
(6) Part 7 of the Regulatory Powers Act, as it applies in relation to the provisions covered by regulations made for the purposes of paragraph (1)(ac), extends to each offshore area.
Extension to external Territories etc.
(7) Part 4 of the Regulatory Powers Act, as it applies in relation to the civil penalty provisions covered by regulations made for the purposes of paragraph (1)(aa), extends to each external Territory referred to in section 34.
(8) Part 5 of the Regulatory Powers Act, as it applies in relation to the provisions covered by regulations made for the purposes of paragraph (1)(ab), extends to each external Territory referred to in section 34.
(9) Part 6 of the Regulatory Powers Act, as it applies in relation to the provisions covered by regulations made for the purposes of paragraph (1)(abc), extends to each external Territory referred to in section 34.
(10) Part 7 of the Regulatory Powers Act, as it applies in relation to the provisions covered by regulations made for the purposes of paragraph (1)(ac), extends to each external Territory referred to in section 34.
Application of the Regulatory Powers Act
(11) In determining the meaning of the expression
an Act provides , when used in Part 4, 5, 6 or 7 of the Regulatory Powers Act, assume that regulations made for the purposes of subsection (1) are an Act.
OP/GGS legislative instrument
(12) For the purposes of this section,
OP/GGS legislative instrument means a legislative instrument made under this Act.
16
Subsection 611N(2) (table item 2, column headed “is an authorised person in relation to the following provisions in this Act (to the extent indicated) …”, after paragraph (b)) Insert:
(ba) subsections 452A(7) and (9);
17
Subsection 611N(2) (table item 2, column headed “is an authorised person in relation to the following provisions in this Act (to the extent indicated) …”, after paragraph (i)) Insert:
(ia) subsection 581(4), in relation to a direction given by NOPSEMA;
(ib) subsection 582(1), in relation to a direction given by NOPSEMA;
18
Subsection 611N(2) (table item 2, column headed “is an authorised person in relation to the following provisions in this Act (to the extent indicated) …”, after paragraph (j)) Insert:
(ja) subsection 591B(5);
(jb) subsection 594A(6);
19
Subsection 611N(2) (table item 3, column headed “is an authorised person in relation to the following provisions in this Act (to the extent indicated) …”, after paragraph (e)) Insert:
(ea) subsections 452A(7) and (9);
20
Subsection 611N(2) (table item 2, column headed “is an authorised person in relation to the following provisions in this Act (to the extent indicated) …”, after paragraph (v)) Insert:
(va) subclauses 6(1), 6(2), 7(3), 8(5), 8(7), 10(7), 12(6), 15(3), 15(4) and 16(6) of Schedule 2B;
Add:
The
Petroleum Resource Rent Tax Assessment Act 1987 has effect, and is taken always to have had effect, as if:
(a) the following areas had been specified in an instrument made under subsection 36B(1) of that Act on 17 April 2005:
(i) Area S05‑2, as first gazetted in the South Australian Government Gazette on 14 April 2005 under subsection 20(1) of the repealed
Petroleum (Submerged Lands) Act 1967 ;(ii) Areas W05‑5, W05‑23 and W05‑24, as first gazetted in the Western Australia Government Gazette on 15 April 2005 under subsection 20(1) of the repealed
Petroleum (Submerged Lands) Act 1967 ; and(b) subsection 36B(3) of the
Petroleum Resource Rent Tax Assessment Act 1987 did not apply to that instrument.
Omit “the
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 , Part 5 of theOffshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and theOffshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 ”, substitute “prescribed regulations, or a prescribed provision of regulations, made under this Act”.
Omit “the
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 , Part 5 of theOffshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and theOffshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 ”, substitute “prescribed regulations, or a prescribed provision of regulations, made under this Act”.
Omit “the
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 , Part 5 of theOffshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and theOffshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 ”, substitute “prescribed regulations, or a prescribed provision of regulations, made under this Act”.
Repeal the note.
5
Subsection 571(5) (definition of environment plan ) Repeal the definition, substitute:
environment plan for a petroleum activity means an environment plan for the activity under prescribed regulations, or a prescribed provision of regulations, made under this Act.
6
Subsection 571(5) (definition of petroleum activity ) Repeal the definition, substitute:
petroleum activity has the meaning given by prescribed regulations, or a prescribed provision of regulations, made under this Act.
7
Subsection 572C(3) (definition of environment plan ) Repeal the definition, substitute:
environment plan for a petroleum activity means an environment plan for the activity under prescribed regulations, or a prescribed provision of regulations, made under this Act.
8
Subsection 572C(3) (definition of petroleum activity ) Repeal the definition, substitute:
petroleum activity has the meaning given by prescribed regulations, or a prescribed provision of regulations, made under this Act.
Omit “the
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 , Part 5 of theOffshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and theOffshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 ”, substitute “prescribed regulations, or a prescribed provision of regulations, made under this Act”.
Omit “the
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 , Part 5 of theOffshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and theOffshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 ”, substitute “prescribed regulations, or a prescribed provision of regulations, made under this Act”.
11
Subsection 601(1) (cell at table item 15, column headed “Provisions”) Repeal the cell, substitute:
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12
Subsection 601(1) (cell at table item 16, column headed “Provisions”) Repeal the cell, substitute:
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13
Subsection 601(1) (cell at table item 16A, column headed “Provisions”) Repeal the cell, substitute:
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14
Subsection 601(1) (cell at table item 17, column headed “Provisions”) Repeal the cell, substitute:
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15
Subsection 601(1) (cell at table item 18, column headed “Provisions”) Repeal the cell, substitute:
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16
Subsection 602K(8) (subparagraph (c)(ii) of the definition of titleholder’s obligations ) Repeal the subparagraph, substitute:
(ii) prescribed regulations, or a prescribed provision of regulations, made under this Act; or
Repeal the paragraphs, substitute:
(d) prescribed regulations, or a prescribed provision of regulations, made under this Act;
(e) a prescribed provision of regulations made under this Act, to the extent to which that provision relates to occupational health and safety matters.
Repeal the subsection.
Repeal the paragraphs, substitute:
(e) there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the petroleum provisions of any of the following:
(i) the
Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 as those regulations were in force on 1 January 2012 or at any later time;(ii) any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
(iii) any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time; and
(f) there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the petroleum provisions of any of the following:
(i) Part 5 of the
Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 as those regulations were in force on 1 January 2012 or at any later time;(ii) any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
(iii) any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time; and
(g) if the function mentioned in paragraph 646(gi) is conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be—there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the petroleum provisions of any of the following:
(i) the
Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 as those regulations were in force on 1 January 2012 or at any later time;(ii) any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
(iii) any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time.
Repeal the paragraphs, substitute:
(f) there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the greenhouse gas storage provisions of the following:
(i) any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
(ii) any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time; and
(g) if the function mentioned in paragraph 646(gj) is conferred on NOPSEMA by or under the State PSLA or Territory PSLA, as the case may be—there are regulations under the State PSLA or Territory PSLA, as the case may be, that substantially correspond to the greenhouse gas storage provisions of the following:
(i) any prescribed regulations made under this Act, as those prescribed regulations are in force at any time;
(ii) any prescribed provision of regulations made under this Act, as that prescribed provision is in force at any time.
21
Clause 2 of Schedule 2B (paragraph (a) of the definition of well integrity law ) Repeal the paragraph, substitute:
(a) prescribed regulations, or a prescribed provision of regulations, made under this Act; or
22
Clause 2 of Schedule 2B (paragraph (c) of the definition of well integrity law ) Repeal the paragraph, substitute:
(c) a requirement made under prescribed regulations, or a prescribed provision of regulations, made under this Act; and
23
Clause 3 of Schedule 3 (subparagraph (c)(iii) of the definition of regulated business premises ) Omit “the
Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 , or both”, substitute “prescribed regulations, or a prescribed provision of regulations, made under this Act”.
24
Clause 3 of Schedule 3 (subparagraph (d)(ii) of the definition of regulated business premises ) Omit “the
Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 , or both”, substitute “prescribed regulations, or a prescribed provision of regulations, made under this Act”.
25
Clause 3 of Schedule 3 (subparagraph (e)(ii) of the definition of regulated business premises ) Omit “the
Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 , or both”, substitute “prescribed regulations, or a prescribed provision of regulations, made under this Act”.
26
Clause 3 of Schedule 3 (paragraph (b) of the definition of titleholder’s well‑related obligations ) Repeal the paragraph, substitute:
(b) prescribed regulations, or a prescribed provision of regulations, made under this Act; or
(1) Despite the amendments of section 601 of the
Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by this Schedule, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement for the purposes of the operation of Part 6.5 of that Act in relation to the listed NOPSEMA laws covered by items 15 to 18 of the table in subsection 601(1) of that Act as so in force.(2) Despite the amendment of section 602K of the
Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by this Schedule, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a titleholder’s compliance with Part 5 of theOffshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 before that commencement.(3) Despite the amendments of section 638 of the
Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by this Schedule, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement for the purposes of the operation of Schedule 3 to that Act in relation to the listed OHS laws covered by paragraphs 638(1)(d) and (e) of that Act as so in force.(4) Despite the amendments of clause 2 of Schedule 2B to the
Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by this Schedule, that clause, as in force immediately before the commencement of this item, continues to apply on and after that commencement for the purposes of the operation of that Schedule in relation to the well integrity laws covered by paragraphs (a) and (c) of the definition ofwell integrity law in that clause as so in force.(5) Despite the amendments of clause 3 of Schedule 3 to the
Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by this Schedule, that clause, as in force immediately before the commencement of this item, continues to apply on and after that commencement for the purposes of the operation of that Schedule in relation to premises that were regulated business premises, or to a titleholder’s compliance with Part 5 of theOffshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 , before that commencement.
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