Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011 (Cth)

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011

No. 112, 2011

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

Contents

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011

No. 112, 2011

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

[Assented to 14 October 2011]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011.

2Commencement

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

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	14 October 2011
2. Schedule 1	The later of: (a) 1 July 2011; and (b) the first day of the month next following the month in which this Act receives the Royal Assent.	1 November 2011 (paragraph (b) applies)
3. Schedule 2, Parts 1 and 2	A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.	1 January 2012 (see F2011L02622)
4. Schedule 2, Part 3	The day this Act receives the Royal Assent.	14 October 2011
5. Schedule 2, Part 4	At the same time as the provision(s) covered by table item 3.	1 January 2012
6. Schedule 3	At the same time as the provision(s) covered by table item 3.	1 January 2012
7. Schedule 4	The later of: (a) the day after the end of the period of 24 months beginning at the commencement of Schedule 1 to this Act; and (b) the 15th day of the month next following the month in which the total of the amounts received by the Commonwealth: (i) under the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006; and (ii) after the commencement of Schedule 1 to this Act; reaches: (iii) $30.6 million; or (iv) if the Minister, by notice in the Gazette, specifies a lesser amount—that lesser amount. The Minister must not specify an amount unless, in the Minister’s opinion, the amount represents the total amount of costs and expenses incurred by: (a) the Commonwealth, the National Offshore Petroleum Safety Authority, and the National Offshore Petroleum Safety and Environmental Management Authority, in connection with the expansion of the functions of the National Offshore Petroleum Safety and Environmental Management Authority; and (b) the Commonwealth in connection with the establishment of the National Offshore Petroleum Titles Administrator; before the end of the 6‑month period that began at the commencement of Part 1 of Schedule 2 to this Act. The Minister must announce by notice in the Gazette the day the provision(s) commenced. A notice under this table item is not a legislative instrument.	1 November 2013 (see C2013G01631)
8. Schedule 5	At the same time as item 8 of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Act 2009 commenced.	9 October 2009
9. Schedule 6	The day after this Act receives the Royal Assent.	15 October 2011

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.

3Schedule(s)

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

Schedule 1Amendments relating to payments to the States and the Northern Territory

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Subparagraph 76(1)(a)(ii)

Omit “or”.

Subparagraph 76(1)(a)(iii)

Repeal the subparagraph.

Application of amendments

The amendments made by this Schedule apply to an amount received by the Commonwealth after the commencement of this item.

Schedule 2General amendmentsPart 1General amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Section 4

Omit:
• Generally, the administration of this Act in relation to an offshore area of a State is divided between:
(a)
the Joint Authority for the State (the Joint Authority is constituted by the responsible State Minister and the responsible Commonwealth Minister); and
(b)
the Designated Authority for the State (the Designated Authority is the responsible State Minister).
• Generally, the administration of this Act in relation to the Principal Northern Territory offshore area is divided between:
(a)
the Joint Authority for that area (the Joint Authority is constituted by the responsible Northern Territory Minister and the responsible Commonwealth Minister); and
(b)
the Designated Authority for that area (the Designated Authority is the responsible Northern Territory Minister).
• The responsible Commonwealth Minister is responsible for the administration of greenhouse gas injection and storage provisions.
• The National Offshore Petroleum Safety Authority is responsible for the administration of occupational health and safety provisions.
substitute:
• Generally, the administration of this Act in relation to an offshore area of a State is the responsibility of the Joint Authority for the State (the Joint Authority is constituted by the responsible State Minister and the responsible Commonwealth Minister).
• Generally, the administration of this Act in relation to the Principal Northern Territory offshore area is the responsibility of the Joint Authority for that area (the Joint Authority is constituted by the responsible Northern Territory Minister and the responsible Commonwealth Minister).
• The responsible Commonwealth Minister is responsible for the administration of greenhouse gas injection and storage provisions.
• The National Offshore Petroleum Safety and Environmental Management Authority is responsible for the administration of:
(a)
occupational health and safety provisions; and
(b)
structural integrity provisions; and
(c)
environmental management provisions.
• The National Offshore Petroleum Titles Administrator is responsible for:
(a)
assisting and advising the Joint Authority and the responsible Commonwealth Minister; and
(b)
keeping registers of titles; and
(c)
data and information management.
2
Section 7 (subparagraphs (a)(ii) and (iii) of the definition of approved)
Repeal the subparagraphs.
3
Section 7 (paragraph (b) of the definition of approved)
Omit “Designated Authority”, substitute “Titles Administrator”.

Section 7 (definition of approved)

Omit “to the expression approved site plan.”, substitute:
to:
(c)
the expression approved site plan; or
(d)
section 286A; or
(e)
section 650; or
(f)
subsection 695B(3); or
(g)
section 695F; or
(h)
section 774.

Section 7

Insert:
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

Section 7 (definition of Designated Authority)

Repeal the definition, substitute:
Designated Authority:
(a)
means a person who, at any time before the commencement of Part 6.10, was a Designated Authority (within the meaning of this Act); and
(b)
when used in the expression the Designated Authority, means a person who, at any time before the commencement of Part 6.10, was the Designated Authority (within the meaning of this Act) for the offshore area concerned.
7
Section 7 (definition of non‑OHS structural integrity)
Repeal the definition.
8
Section 7 (definition of non‑OHS structural integrity law)
Repeal the definition.

Section 7

Insert:
NOPSEMA means the National Offshore Petroleum Safety and Environmental Management Authority.

Section 7 (definition of referable title)

Repeal the definition.

Section 7

Insert:
Regulatory Levies Act means the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003.
12
Section 7 (paragraph (a) of the definition of responsible Northern Territory Minister)
Omit “to perform the functions of a Designated Authority”, substitute “to perform the functions, and exercise the powers, of a member of the Joint Authority for the Northern Territory”.
13
Section 7 (paragraph (a) of the definition of responsible State Minister)
Omit “to perform the functions of a Designated Authority”, substitute “to perform the functions, and exercise the powers, of a member of the Joint Authority for the State”.

Section 7 (definition of Safety Authority)

Repeal the definition.

Section 7

Insert:
Secretary means the Secretary of the Department.
16
Section 7 (paragraph (e) of the definition of structural integrity)
Repeal the paragraph, substitute:
(e)
mechanical integrity;
(f)
systems integrity;
in connection with:
(g)
the containment of:
(i)
petroleum; or
(ii)
a greenhouse gas substance; or
(iii)
any other substance; or
(h)
the health and safety of persons engaged in:
(i)
offshore petroleum operations (within the meaning of Part 6.9); or
(ii)
offshore greenhouse gas operations (within the meaning of Part 6.9).
For the purposes of paragraph (f), systems integrity includes the integrity of the following:
(i)
electrical systems;
(j)
electronic systems;
(k)
hydraulic systems;
(l)
chemical systems;
(m)
dynamic positioning systems;
(n)
other systems.
17
Section 7 (definition of structural integrity law)
Omit “the regulations to the extent to which they”, insert “the provisions of this Act or the regulations to the extent to which the provisions”.
18
Section 7 (paragraph (d) of the definition of title)
Repeal the paragraph.
19
Section 7 (after paragraph (h) of the definition of title)
Insert:
(ha)
when used in section 574A—has the meaning given by subsection 574A(1); or
20
Section 7 (at the end of the definition of title area)
Add:
; or (d)
when used in section 586A—has the meaning given by subsection 586A(7).

Section 7

Insert:
Titles Administrator means the National Offshore Petroleum Titles Administrator.

Subsection 16(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

Section 30

Omit all the words after “responsible Commonwealth” (second occurring), substitute “Minister in his or her capacity as, or as a member of, the Joint Authority for an offshore area.”.
24
Subsection 44(1) (heading to table column headed “The Designated Authority may issue an instrument varying...”)
Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 45(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

Part 1.3 (heading)

Repeal the heading, substitute:

Part 1.3—Joint Authorities

Subsection 61(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 61(1)

Omit “the Joint Authority for a State or the Northern Territory”, substitute “a Joint Authority”.

Subsection 61(2)

After “subsection (1)”, insert “in relation to the Joint Authority for a State or the Northern Territory”.

After subsection 61(2)

Insert:
(2A)
A record kept under subsection (1) in relation to the Joint Authority for:
(a)
the Eastern Greater Sunrise Offshore area; or
(b)
an external Territory;
is prima facie evidence that the decision was duly made as recorded if the record is signed by a person who was the Joint Authority at the time when the decision was made.

Subsection 62(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 62(1)

Omit “the Joint Authority for a State or the Northern Territory”, substitute “a Joint Authority”.

Section 63

Omit “the Joint Authority for a State or the Northern Territory”, substitute “a Joint Authority”.

Section 63

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 65(1)

Omit “Joint Authority for a State or the Northern Territory”, substitute “Joint Authority”.

Section 65

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

Division 2 of Part 1.3

Repeal the Division.

Sections 76 and 77

Repeal the sections.

Paragraph 103(1)(b)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 104(3) (note 3)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 110(6) (note 3)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 115(4) (note 3)

Omit “Designated Authority”, substitute “Titles Administrator”.

Section 119

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

Subsection 136(5)

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

Subsection 136(6)

Omit “The Designated Authority”, substitute “The Titles Administrator”.

Subsection 136(7)

Omit “Designated Authority”, substitute “Titles Administrator”.

Paragraph 140(1)(b)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 141(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 141(2) (note 3)

Omit “Designated Authority”, substitute “Titles Administrator”.

Paragraph 141(3)(b)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 141(4)

Omit “The Designated Authority”, substitute “The Titles Administrator”.

After section 143

Insert:

143ATime limit for making decision about grant of petroleum retention lease

(1)
The Joint Authority must make a decision under section 142 or 143, in relation to an application under section 141, within the period that:
(a)
begins when the application was made; and
(b)
runs for:
(i)
if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or
(ii)
if no such agreement is in force—the prescribed number of days.
(2)
If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (1) of this section is extended by one day for each day during the period:
(a)
beginning on the day on which the notice is given; and
(b)
ending when the applicant gives the Titles Administrator the information.
(3)
The Joint Authority is not required to comply with subsection (1) unless a number of days is prescribed for the purposes of subparagraph (1)(b)(ii).
(4)
The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (1)(b)(i).
(5)
A failure to comply with subsection (1) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.

Subsection 147(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 147(2) (note 3)

Omit “Designated Authority”, substitute “Titles Administrator”.

After section 149

Insert:

149ATime limit for making decision about grant of petroleum retention lease

(1)
The Joint Authority must make a decision under section 148 or 149, in relation to an application under section 147, within the period that:
(a)
begins when the application was made; and
(b)
runs for:
(i)
if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or
(ii)
if no such agreement is in force—the prescribed number of days.
(2)
If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (1) of this section is extended by one day for each day during the period:
(a)
beginning on the day on which the notice is given; and
(b)
ending when the applicant gives the Titles Administrator the information.
(3)
The Joint Authority is not required to comply with subsection (1) unless a number of days is prescribed for the purposes of subparagraph (1)(b)(ii).
(4)
The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (1)(b)(i).
(5)
A failure to comply with subsection (1) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.

Subsections 153(1) and (3)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 153(4) (note 3)

Omit “Designated Authority”, substitute “Titles Administrator”.

After section 155

Insert:

155ATime limit for making decision about renewal of petroleum retention lease

(1)
The Joint Authority must make a decision under section 154 or 155, in relation to an application under section 153, within the period that:
(a)
begins when the application was made; and
(b)
runs for:
(i)
if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or
(ii)
if no such agreement is in force—the prescribed number of days.
(2)
If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (1) of this section is extended by one day for each day during the period:
(a)
beginning on the day on which the notice is given; and
(b)
ending when the applicant gives the Titles Administrator the information.
(3)
The Joint Authority is not required to comply with subsection (1) unless a number of days is prescribed for the purposes of subparagraph (1)(b)(ii).
(4)
The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (1)(b)(i).
(5)
A failure to comply with subsection (1) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.

Paragraph 157(1)(b)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 157(2) (note)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 166(2) (at the end of the note)

Add “or 587A”.

Subsection 166(6) (note)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsections 168(2) and (3)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 168(7) (note 3)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsections 169(1) and (2)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 170(2)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 170(4) (note 3)

Omit “Designated Authority”, substitute “Titles Administrator”.

After section 173

Insert:

173ATime limit for making decision about grant of petroleum production licence

Scope
(1)
This section applies if an application for the grant of a petroleum production licence (other than a Greater Sunrise unit reservoir petroleum production licence) has been made under section 168 or 170.
Note 1: Section 168 deals with applications by permittees.
Note 2: Section 170 deals with applications by lessees.
Time limit
(2)
The Joint Authority must make a decision under section 171 or 173, in relation to the application, within the period that:
(a)
begins when the application was made; and
(b)
runs for:
(i)
if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or
(ii)
if no such agreement is in force—the prescribed number of days.
(3)
If:
(a)
section 174 applies in relation to the application; and
(b)
the Joint Authority defers taking any action in relation to the application in accordance with that section;
the period referred to in subsection (2) of this section is extended by one day for each day during which the deferral continues.
(4)
If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (2) of this section is extended by one day for each day during the period:

(a)
beginning on the day on which the notice is given; and
(b)
ending when the applicant gives the Titles Administrator the information.
(5)
The Joint Authority is not required to comply with subsection (2) unless a number of days is prescribed for the purposes of subparagraph (2)(b)(ii).
(6)
The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (2)(b)(i).
(7)
A failure to comply with subsection (2) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.

Subsection 178(3) (note 3)

Omit “Designated Authority”, substitute “Titles Administrator”.

At the end of section 183

Add:
Time limit for making decision
(8)
The Joint Authority must make a decision under subsection (2) within the period that:
(a)
begins when the application was made; and
(b)
runs for:
(i)
if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or
(ii)
if no such agreement is in force—the prescribed number of days.
(9)
The Joint Authority is not required to comply with subsection (8) unless a number of days is prescribed for the purposes of subparagraph (8)(b)(ii).
(10)
The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (8)(b)(i).
(11)
A failure to comply with subsection (8) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.

Subsections 184(2) and (4)

Omit “Designated Authority”, substitute “Titles Administrator”.

After section 186

Insert:

186ATime limit for making decision about renewal of fixed‑term petroleum production licence

(1)
The Joint Authority must make a decision under section 185 or 186, in relation to an application under section 184, within the period that:
(a)
begins when the application was made; and
(b)
runs for:
(i)
if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or
(ii)
if no such agreement is in force—the prescribed number of days.
(2)
The Joint Authority is not required to comply with subsection (1) unless a number of days is prescribed for the purposes of subparagraph (1)(b)(ii).
(3)
The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (1)(b)(i).
(4)
A failure to comply with subsection (1) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.

Subparagraph 191(4)(b)(i)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 191(8)

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

Subsection 191(11)

Repeal the subsection, substitute:
Consultation
(11)
If a petroleum pool extends, or is reasonably believed by the Titles Administrator to extend, from the offshore area in respect of a State or Territory into lands to which:
(a)
the laws of that State or Territory relating to exploiting petroleum resources apply; or
(b)
the laws of another State or Territory relating to exploiting petroleum resources apply;
the Titles Administrator must consult about exploiting the petroleum pool with the appropriate authority of a State or Territory referred to in paragraph (a) or (b).
Note: The offshore area of a State or Territory is defined by section 8.

Subsection 197(2) (at the end of the note)

Add “or 587A”.

Subsection 197(6) (note)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 198(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 198(2) (note 3)

Omit “Designated Authority”, substitute “Titles Administrator”.

After section 200

Insert:

200ATime limit for making decision about grant of infrastructure licence

(1)
The Joint Authority must make a decision under section 199 or 200, in relation to an application under section 198, within the period that:
(a)
begins when the application was made; and
(b)
runs for:
(i)
if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or
(ii)
if no such agreement is in force—the prescribed number of days.
(2)
If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (1) of this section is extended by one day for each day during the period:
(a)
beginning on the day on which the notice is given; and
(b)
ending when the applicant gives the Titles Administrator the information.
(3)
The Joint Authority is not required to comply with subsection (1) unless a number of days is prescribed for the purposes of subparagraph (1)(b)(ii).
(4)
The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (1)(b)(i).
(5)
A failure to comply with subsection (1) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.

Subsection 202(3) (note)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 203(3) (note)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 204(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 204(2) (note 3)

Omit “Designated Authority”, substitute “Titles Administrator”.

At the end of section 205

Add:
Time limit for making decision
(3)
The Joint Authority must make a decision under subsection (1) within the period that:
(a)
begins when the application was made; and
(b)
runs for:
(i)
if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or
(ii)
if no such agreement is in force—the prescribed number of days.
(4)
If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (3) of this section is extended by one day for each day during the period:
(a)
beginning on the day on which the notice is given; and
(b)
ending when the applicant gives the Titles Administrator the information.
(5)
The Joint Authority is not required to comply with subsection (3) unless a number of days is prescribed for the purposes of subparagraph (3)(b)(ii).
(6)
The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (3)(b)(i).
(7)
A failure to comply with subsection (3) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.

Subsection 206(3) (note)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 207(3) (note)

Omit “Designated Authority”, substitute “Titles Administrator”.

Paragraph 210(7)(c)

Omit “the Designated Authority”, substitute “NOPSEMA and the Titles Administrator”.

Paragraph 210(7)(d)

Omit “the Designated Authority”, substitute “NOPSEMA or the responsible Commonwealth Minister”.

Subsection 215(2) (at the end of the note)

Add “or 587A”.

Subsection 215(7) (note)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 216(2)

Omit “Designated Authority”, substitute “responsible Commonwealth Minister”.
Note: The heading to subsection 216(2) is altered by omitting “Designated Authority” and substituting “responsible Commonwealth Minister”.

Paragraph 216(4)(b)

Omit “Designated Authority”, substitute “Titles Administrator”.
Note: The heading to subsection 216(4) is altered by omitting “Designated Authority” and substituting “Responsible Commonwealth Minister”.

Subsection 216(4)

Omit “Designated Authority” (second occurring), substitute “responsible Commonwealth Minister”.

Subsection 216(5)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 216(6)

Omit “Designated Authority”, substitute “responsible Commonwealth Minister”.

Subsection 217(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

Subsection 217(3) (note 3)

Omit “Designated Authority”, substitute “Titles Administrator”.

Section 218

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

100

Subsection 226(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

101

Subsection 226(2) (note 3)

Omit “Designated Authority”, substitute “Titles Administrator”.

102

Subsections 226(3) and (4)

Omit “Designated Authority”, substitute “Titles Administrator”.

103

At the end of section 226

Add:
Time limit for making decision
(6)
The Joint Authority must make a decision under subsection (4) within the period that:
(a)
begins when the period referred to in subsection (3) ends; and
(b)
runs for:
(i)
if a written agreement between the applicant and the Joint Authority in relation to the application specifies a number of days for the purposes of this subparagraph—that number of days; or
(ii)
if no such agreement is in force—the prescribed number of days.
(7)
If the Titles Administrator, by written notice under subsection 258(2), requires the applicant to give further information in connection with the application, the period referred to in subsection (6) of this section is extended by one day for each day during the period:
(a)
beginning on the day on which the notice is given; and
(b)
ending when the applicant gives the Titles Administrator the information.
(8)
The Joint Authority is not required to comply with subsection (6) unless a number of days is prescribed for the purposes of subparagraph (6)(b)(ii).
(9)
The applicant and the Joint Authority may vary or terminate an agreement referred to in subparagraph (6)(b)(i).
(10)
A failure to comply with subsection (6) in relation to a decision does not affect the validity of the decision.
Note: See also sections 286B and 286C.

104

Subsection 231(1)

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

105

Subsection 234(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

106

Section 235

Omit “Designated Authority”, substitute “Titles Administrator”.

107

Subsections 236(2) and (3)

Omit “Designated Authority”, substitute “Titles Administrator”.

108

Subsection 237(3)

Omit “Designated Authority”, substitute “Titles Administrator”.

109

Subsection 240(1)

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

110

Subsection 241(2)

Omit “Designated Authority”, substitute “Titles Administrator”.

111

Subsection 242(1) (table)

Omit “the Designated Authority for that offshore area” (wherever occurring), substitute “the Titles Administrator”.

112

Subsection 243(1)

Omit “(1)”.

113

Subsection 243(1)

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

114

Subsection 243(2)

Repeal the subsection.

115

Subsection 244(2)

Omit “Designated Authority” (first occurring), substitute “Titles Administrator”.

116

Paragraph 244(2)(a)

Omit “Designated Authority’s”, substitute “Titles Administrator’s”.

117

Paragraph 244(2)(b)

Omit “Designated Authority”, substitute “Titles Administrator”.

118

Subsections 244(3) and (4)

Omit “Designated Authority”, substitute “Titles Administrator”.

119

Subsection 245(2)

Omit “Designated Authority for the adjoining offshore area”, substitute “Titles Administrator”.

120

Paragraph 245(2)(a)

Omit “Designated Authority’s”, substitute “Titles Administrator’s”.

121

Paragraph 245(2)(b)

Omit “Designated Authority”, substitute “Titles Administrator”.

122

Subsections 245(3) and (4)

Omit “Designated Authority”, substitute “Titles Administrator”.

123

Subsection 246(1)

Omit “(1)”.

124

Subsection 246(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

125

Subsection 246(2)

Repeal the subsection.

126

Paragraph 247(1)(b)

Omit “Designated Authority”, substitute “Titles Administrator”.

127

Subsection 247(2)

Omit “Designated Authority” (first occurring), substitute “Titles Administrator”.

128

Paragraph 247(2)(a)

Omit “Designated Authority’s”, substitute “Titles Administrator’s”.

129

Subparagraph 247(2)(b)(ii)

Omit “Designated Authority”, substitute “Titles Administrator”.

130

Subsections 247(3) and (4)

Omit “Designated Authority”, substitute “Titles Administrator”.

131

Paragraph 248(1)(b)

Omit “Designated Authority”, substitute “Titles Administrator”.

132

Subsection 248(2)

Omit “Designated Authority for the adjoining offshore area”, substitute “Titles Administrator”.

133

Paragraph 248(2)(a)

Omit “Designated Authority’s”, substitute “Titles Administrator’s”.

134

Subparagraph 248(2)(b)(ii)

Omit “Designated Authority”, substitute “Titles Administrator”.

135

Subsections 248(3) and (4)

Omit “Designated Authority”, substitute “Titles Administrator”.

136

Section 250

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

137

Section 258

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.
Note: The heading to section 258 is altered by omitting “Designated Authority” and substituting “Titles Administrator”.

138

Subsection 260(1) (heading to table column 3)

Omit “Designated Authority”, substitute “Titles Administrator”.
139
Subsection 260(1) (table items 1, 3, 5, 7, 9 and 10)
Omit “Designated Authority”, substitute “Titles Administrator”.

140

Subsections 260(2) and (3)

Omit “Designated Authority”, substitute “Titles Administrator”.

141

Subsection 262(3) (note)

Omit “Designated Authority”, substitute “Titles Administrator”.

142

Subsection 264(1) (table item 1)

Omit “Designated Authority”, substitute “Titles Administrator”.

143

Subsection 264(1) (table item 2)

Omit “the Designated Authority or the Joint Authority”, substitute “the Joint Authority, the responsible Commonwealth Minister, the Titles Administrator or NOPSEMA”.

144

Subsection 268(1) (table)

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

145

Subsection 268(1) (table item 4)

Before “gives”, insert “or NOPSEMA”.

146

Subsection 268(2)

Omit “Designated Authority”, substitute “Titles Administrator”.
147
Subsection 269(1) (heading to column headed “may apply to the Designated Authority for consent to surrender...”)
Omit “Designated Authority”, substitute “Titles Administrator”.

148

Section 270

Omit “The Designated Authority” (wherever occurring), substitute “The Joint Authority”.

149

Paragraph 270(3)(a)

Omit “Designated Authority”, substitute “Titles Administrator”.

150

Paragraph 270(3)(c)

Omit “the Designated Authority” (wherever occurring), substitute “NOPSEMA”.

151

Paragraphs 270(3)(d), (e) and (f)

Omit “the Designated Authority”, substitute “NOPSEMA”.

152

Subsection 270(3)

Omit “Designated Authority” (last occurring), substitute “Joint Authority”.

153

Subsection 270(5)

Omit “Designated Authority” (wherever occurring), substitute “Joint Authority”.

154

Subsection 271(1)

Omit “Designated Authority”, substitute “Joint Authority”.

155

Subsection 271(2)

Omit “Designated Authority”, substitute “Titles Administrator”.

156

Sections 272 and 273

Omit “Designated Authority”, substitute “Titles Administrator”.

157

Paragraph 274(b)

Omit “Designated Authority”, substitute “responsible Commonwealth Minister, NOPSEMA”.

158

Subsection 276(2) (note)

Omit “Designated Authority”, substitute “Titles Administrator”.

159

At the end of Division 1 of Part 2.13

Insert:

277ANOPSEMA to notify the Titles Administrator of grounds for cancellation of title

If NOPSEMA reasonably believes that there is a ground for cancelling:
(a)
a petroleum exploration permit; or
(b)
a petroleum retention lease; or
(c)
a petroleum production licence; or
(d)
an infrastructure licence; or
(e)
a pipeline licence;
NOPSEMA must notify the Titles Administrator of:
(f)
the belief; and
(g)
the reasons for the belief.

160

Section 278

Omit “Designated Authority”, substitute “Titles Administrator”.

161

Subsection 281(1)

Omit “the Designated Authority”, substitute “NOPSEMA, the Titles Administrator”.

162

Section 282

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

163

Subsection 284(2)

Omit “Designated Authority”, substitute “Titles Administrator”.

164

At the end of Part 2.14

Add:

286ANotification requirements—registered holders of titles

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 petroleum 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 petroleum 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 (9).
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 petroleum 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 petroleum 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 (9).
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 petroleum title otherwise than because of the death of the person, the person must, within 30 days after the cessation, notify the Titles Administrator and NOPSEMA, in writing, of 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 petroleum title dies, the person’s legal personal representative must, within 30 days after the death, notify the Titles Administrator and NOPSEMA, in writing, of 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 petroleum 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 (9).
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.
Definitions
(9)
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 (if any);
(d)
the person’s fax number (if any);
(e)
the person’s email address (if any);
(f)
if the person is a body corporate that has an ACN (within the meaning of the Corporations Act 2001)—the ACN.
petroleum title means:
(a)
a petroleum exploration permit; or
(b)
a petroleum retention lease; or
(c)
a petroleum production licence; or
(d)
an infrastructure licence; or

(e)
a pipeline licence; or
(f)
a petroleum special prospecting authority; or
(g)
a petroleum access authority.

286BPublication of prescribed time limits

The Joint Authority must cause to be published on the Department’s website any periods prescribed for the purposes of any of the following provisions:
(a)
subparagraph 143A(1)(b)(ii);
(b)
subparagraph 149A(1)(b)(ii);
(c)
subparagraph 155A(1)(b)(ii);
(d)
subparagraph 173A(2)(b)(ii);
(e)
subparagraph 183(8)(b)(ii);
(f)
subparagraph 186A(1)(b)(ii);
(g)
subparagraph 200A(1)(b)(ii);
(h)
subparagraph 205(3)(b)(ii);
(i)
subparagraph 226(6)(b)(ii).

286CReport about decisions not made within time limits

(1)
If a Joint Authority contravenes any of the following provisions on one or more occasions during a financial year, the Titles Administrator must, within 60 days after the end of the financial year, prepare a report describing those contraventions:
(a)
subsection 143A(1);
(b)
subsection 149A(1);
(c)
subsection 155A(1);
(d)
subsection 173A(2);
(e)
subsection 183(8);
(f)
subsection 186A(1);
(g)
subsection 200A(1);
(h)
subsection 205(3);
(i)
subsection 226(6).
(2)
As soon as practicable after completing the preparation of the report, the Titles Administrator must give the report to the responsible Commonwealth Minister.
(3)
The responsible Commonwealth Minister must cause a copy of a report under subsection (1) to be tabled in each House of the Parliament within 15 sitting days after receiving the report.

165

Subsection 410(2)

Omit “Designated Authority”, substitute “Titles Administrator”.

166

Section 453

Omit “the Designated Authority” (wherever occurring), substitute “NOPSEMA”.

167

Section 466

Repeal the section, substitute:

466Simplified outline

The following is a simplified outline of this Chapter:
• The Titles Administrator must keep a Register, for each offshore area, of petroleum titles and petroleum special prospecting authorities that relate to that offshore area.
• A transfer of a petroleum title must be approved by the Titles Administrator, and an instrument of transfer must be registered under this Part.
• A dealing in a petroleum title must be approved by the Titles Administrator, and the approval must be entered in the relevant Register.

168

Section 467 (definition of referable title)

Repeal the definition.

169

Section 467 (definition of Register)

Repeal the definition, substitute:
Register means a Register kept under section 469.

170

Section 467

Insert:
relevant Register:
(a)
in relation to a title or a petroleum special prospecting authority—means the Register for the offshore area to which the title or petroleum special prospecting authority relates; or
(b)
in relation to a notice under subsection 191(5), (6) or (7) that relates to a petroleum pool that is wholly or partly situated in an offshore area—means the Register for the offshore area.

171

Section 469

Omit “Designated Authority for an offshore area”, substitute “Titles Administrator”.

172

Section 469

After “a Register”, insert “, for each offshore area,”.

173

Subsection 470(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

174

Subsection 470(1)

Omit “the Register”, substitute “the relevant Register”.
175
Subsection 470(2) (table item 7, column headed “the memorial must...”)
Omit “Designated Authority”, substitute “Titles Administrator”.

176

Subsection 470(3)

Omit “Designated Authority must enter in the Register”, substitute “Titles Administrator must enter in the relevant Register”.

177

Subsection 470(4)

Omit “Designated Authority”, substitute “Titles Administrator”.

178

Subsection 470(4)

Omit “the Register”, substitute “the relevant Register”.

179

Subsection 470(5)

Omit “Designated Authority”, substitute “Titles Administrator”.

180

Subsection 470(5)

Omit “the Register”, substitute “the relevant Register”.

181

Section 471

Omit “Designated Authority must enter in the Register”, substitute “Titles Administrator must enter in the relevant Register”.

182

Section 471A

Omit “Designated Authority may make a notation in the Register”, substitute “Titles Administrator may make a notation in the relevant Register”.

183

Paragraph 472(a)

Omit “Designated Authority”, substitute “Titles Administrator”.

184

Subsection 473(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

185

Paragraph 474(c)

Repeal the paragraph.

186

Paragraph 474(d)

Omit “if the title is not a referable title”, substitute “in any case”.

187

Section 475

Repeal the section.

188

Section 476

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

189

Section 477

Omit “Designated Authority” (first occurring), substitute “Titles Administrator”.

190

Paragraphs 477(a) and (b)

Omit “in the Register”, substitute “in the relevant Register”.

191

Paragraph 477(b)

Omit “Designated Authority”, substitute “Titles Administrator”.

192

Subsection 478(2)

Omit “Designated Authority”, substitute “Titles Administrator”.

193

Subsection 478(3)

Repeal the subsection.

194

Subsection 478(4)

Omit “Designated Authority”, substitute “Titles Administrator”.

195

Subsection 478(4)

Omit “Designated Authority’s”, substitute “Titles Administrator’s”.

196

Subsection 478(5)

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

197

Subsection 478(5)

Omit “in the Register”, substitute “in the relevant Register”.

198

Subsections 478(6) to (9)

Repeal the subsections.

199

Subsections 479(1) to (3)

Omit “Designated Authority”, substitute “Titles Administrator”.

200

Subsections 479(3) and (4)

Omit “in the Register”, substitute “in the relevant Register”.

201

Subparagraph 479(5)(a)(i)

Omit “Designated Authority”, substitute “Titles Administrator”.

202

Subsection 482(1)

Omit “Designated Authority to have the person’s name entered in the Register”, substitute “Titles Administrator to have the person’s name entered in the relevant Register”.

203

Subsection 483(2)

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

204

Subsection 483(2)

Omit “the Register”, substitute “the relevant Register”.

205

Subsection 484(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

206

Subsections 484(1) and 485(1)

Omit “the Register”, substitute “the relevant Register”.

207

Subsection 485(2)

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

208

Subsection 485(2)

Omit “the Register”, substitute “the relevant Register”.

209

Section 487

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

210

Paragraph 487(b)

Omit “the Register”, substitute “the relevant Register”.

211

Section 488

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

212

Paragraph 489(1)(b)

Omit “Designated Authority”, substitute “Titles Administrator”.

213

Subsection 489(4)

Repeal the subsection.

214

Subsection 489(4A)

Omit “If a dealing does not relate to a referable title, an”, substitute “An”.

215

Section 490

Repeal the section.

216

Section 491

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

217

Section 492

Omit “Designated Authority” (first occurring), substitute “Titles Administrator”.

218

Paragraphs 492(a) and (b)

Omit “the Register”, substitute “the relevant Register”.

219

Paragraph 492(b)

Omit “Designated Authority”, substitute “Titles Administrator”.

220

Subsection 493(2)

Omit “Designated Authority must”, substitute “Titles Administrator must”.

221

Subsection 493(2) (note)

Omit “Designated Authority”, substitute “Titles Administrator”.

222

Subsection 493(3)

Repeal the subsection.

223

Subsection 493(4)

Omit “Designated Authority”, substitute “Titles Administrator”.

224

Subsection 493(4)

Omit “Designated Authority’s”, substitute “Titles Administrator’s”.

225

Subsection 493(5)

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

226

Subsection 493(5)

Omit “the Register”, substitute “the relevant Register”.

227

Subsections 493(6) to (9)

Repeal the subsections.

228

Subsections 494(1) and (2)

Omit “Designated Authority”, substitute “Titles Administrator”.

229

Subsection 494(3)

Omit “Designated Authority”, substitute “Titles Administrator”.

230

Subsection 494(3)

Omit “the Register”, substitute “the relevant Register”.

231

Subsection 495(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

232

Subsection 495(1)

Omit “the Register”, substitute “the relevant Register”.

233

Subparagraphs 495(2)(a)(i) and (3)(a)(i)

Omit “Designated Authority”, substitute “Titles Administrator”.

234

Section 496

Omit “the Register”, substitute “a Register”.

235

Section 498

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

236

Paragraph 499(1)(b)

Omit “Designated Authority”, substitute “Titles Administrator”.

237

Subsection 499(4)

Repeal the subsection.

238

Subsection 499(4A)

Omit “If a dealing does not relate to a referable title, a”, substitute “A”.

239

Section 500

Repeal the section.

240

Section 503

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

241

Section 504

Omit “Designated Authority”, substitute “Titles Administrator”.

242

Section 504

Omit “the Register” (first occurring), substitute “a Register”.

243

Subsection 505(1)

Omit “Designated Authority” (first occurring), substitute “Titles Administrator”.

244

Subsection 505(1)

Omit “the Register” (first occurring), substitute “a Register”.

245

Subsection 505(1)

Omit “Designated Authority” (second occurring), substitute “Titles Administrator”.

246

Subsection 505(2)

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

247

Paragraph 505(2)(b)

Omit “Designated Authority’s”, substitute “Titles Administrator’s”.

248

Subsection 505(3)

Omit “Designated Authority” (first occurring), substitute “Titles Administrator”.

249

Subsection 505(3)

Omit “the Register” (first occurring), substitute “a Register”.

250

Subsection 505(3)

Omit “Designated Authority” (second occurring), substitute “Titles Administrator”.

251

Paragraphs 505(3)(a) and (b)

Omit “Designated Authority”, substitute “Titles Administrator”.

252

Subsection 505(5)

Omit “Designated Authority”, substitute “Titles Administrator”.

253

Subsection 505(6)

Omit “Designated Authority” (first occurring), substitute “Titles Administrator”.

254

Subsection 505(6)

Omit “the Register”, substitute “a Register”.

255

Subsection 505(6)

Omit “Designated Authority” (second occurring), substitute “Titles Administrator”.

256

Subsection 506(4)

Omit “Designated Authority”, substitute “Titles Administrator”.
Note: The heading to subsection 506(4) is altered by omitting “Designated Authority” and substituting “Titles Administrator”.

257

Subsections 506(5) and (6)

Omit “Designated Authority”, substitute “Titles Administrator”.
Note: The heading to subsection 506(5) is altered by omitting “Designated Authority” and substituting “Titles Administrator”.

258

Section 507

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.
Note: The heading to section 507 is altered by omitting “Designated Authority” and substituting “Titles Administrator”.

259

Section 508

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.
Note: The heading to section 508 is altered by omitting “Designated Authority” and substituting “Titles Administrator”.

260

Section 509

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

261

Section 510

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.
Note: The heading to section 510 is altered by omitting “Designated Authority” and substituting “Titles Administrator”.

262

Section 511

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.
Note: The heading to section 511 is altered by omitting “Designated Authority” and substituting “Titles Administrator”.

263

Subparagraph 514(1)(b)(ii)

Omit “Designated Authority”, substitute “Titles Administrator”.

264

Subsection 515(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

265

Subsection 515(1)

Omit “the Register”, substitute “each Register”.

266

Subsection 515(2)

Omit “Designated Authority”, substitute “Titles Administrator”.

267

Section 516

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

268

Paragraph 516(2)(a)

Omit “the Register”, substitute “a Register”.

269

Section 518

Repeal the section, substitute:

518Simplified outline

The following is a simplified outline of this Chapter:
• The Titles Administrator must keep a Register of greenhouse gas titles and greenhouse gas search authorities.
• A transfer of a greenhouse gas title must be approved by the Titles Administrator, and an instrument of transfer must be registered under this Part.
• A dealing in a greenhouse gas title must be approved by the Titles Administrator, and the approval must be entered in the Register.

270

Section 521

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

271

Subsection 522(1)

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.
272
Subsection 522(2) (table item 5, column headed “the memorial must...”)
Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

273

Subsection 522(3)

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

274

Subsection 522(4)

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

275

Subsection 522(5)

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

276

Section 523

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

277

Section 523A

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

278

Paragraph 524(a)

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

279

Subsection 525(1)

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

280

Section 527

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

281

Section 528

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

282

Subsections 529(2) and (3)

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

283

Paragraph 529(3)(c)

Omit “Designated Authority”, substitute “Titles Administrator”.

284

Subsection 529(4)

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

285

Paragraph 529(4)(c)

Omit “Designated Authority”, substitute “Titles Administrator”.

286

Subsection 529(5)

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

287

Subsection 529(5)

Omit “responsible Commonwealth Minister’s”, substitute “Titles Administrator’s”.

288

Subsection 529(6)

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

289

Section 530

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

290

Subsection 533(1)

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

291

Subsection 534(2)

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

292

Subsection 535(1)

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

293

Subsection 536(2)

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

294

Section 538

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

295

Section 539

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

296

Paragraph 540(1)(b)

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

297

Section 541

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

298

Section 542

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

299

Subsection 543(2)

Omit “responsible Commonwealth Minister must”, substitute “Titles Administrator must”.

300

Subsection 543(2) (note)

Omit “responsible Commonwealth Minister by”, substitute “Titles Administrator by”.

301

Subsection 543(3)

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

302

Subsection 543(3)

Omit “responsible Commonwealth Minister’s”, substitute “Titles Administrator’s”.

303

Subsection 543(4)

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

304

Section 544

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

305

Section 545

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

306

Section 548

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

307

Paragraph 549(1)(b)

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

308

Section 552

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

309

Section 553

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

310

Subsections 554(1) and (2)

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

311

Paragraph 554(2)(b)

Omit “responsible Commonwealth Minister’s”, substitute “Titles Administrator’s”.

312

Subsections 554(3), (5) and (6)

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

313

Subsection 555(4)

Omit “responsible Commonwealth Minister concerned”, substitute “Titles Administrator”.
Note: The heading to subsection 555(4) is altered by omitting “responsible Commonwealth Minister” and substituting “Titles Administrator”.

314

Subsections 555(5) and (6)

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.
Note: The heading to subsection 555(5) is altered by omitting “responsible Commonwealth Minister” and substituting “Titles Administrator”.

315

Section 556

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.
Note: The heading to section 556 is altered by omitting “Responsible Commonwealth Minister” and substituting “Titles Administrator”.

316

Section 557

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.
Note: The heading to section 557 is altered by omitting “Responsible Commonwealth Minister” and substituting “Titles Administrator”.

317

Section 558

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

318

Section 559

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.
Note: The heading to section 559 is altered by omitting “Responsible Commonwealth Minister” and substituting “Titles Administrator”.

319

Section 560

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.
Note: The heading to section 560 is altered by omitting “Responsible Commonwealth Minister” and substituting “Titles Administrator”.

320

Subparagraph 563(b)(ii)

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

321

Section 564

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

322

Section 565

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.

323

Paragraph 568(2)(b)

Omit “Designated Authority”, substitute “Joint Authority”.

324

Subsection 569(1) (table item 1)

Omit “Designated Authority”, substitute “Titles Administrator”.

325

Paragraph 569(8)(c)

After “574”, insert “or 574A”.

326

Subsections 571(1) and (2)

Omit “Designated Authority”, substitute “responsible Commonwealth Minister”.

327

Paragraph 572(7)(c)

After “574”, insert “, 574A”.

328

Section 573

Repeal the section, substitute:

573Simplified outline

The following is a simplified outline of this Part:
• NOPSEMA or the responsible Commonwealth Minister may give a direction to a petroleum titleholder. A direction may extend to other persons.
• If there is a breach of a direction given by the Joint Authority or NOPSEMA under Chapter 2, this Chapter or the regulations, NOPSEMA may do anything required by the direction to be done, and NOPSEMA’s costs may be recovered from the person to whom the direction was given.
• If there is a breach of a direction given by the responsible Commonwealth Minister under this Part, the responsible Commonwealth Minister may do anything required by the direction to be done, and 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)
a direction given by the Joint Authority or NOPSEMA under Chapter 2, this Chapter or the regulations; or
(b)
a direction given by the responsible Commonwealth Minister under this Part;
it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.

329

Subsection 574(2)

Omit “The Designated Authority”, substitute “NOPSEMA”.
Note: The heading to section 574 is altered by adding at the end “—NOPSEMA”.

330

At the end of subsection 574(2)

Add:
Note 3: A direction under this section has no effect to the extent of any inconsistency with a direction under section 574A: see subsection 574A(12).

331

Subsection 574(5)

Omit “The Designated Authority”, substitute “NOPSEMA”.

332

After subsection 574(9)

Insert:
(9A)
If:
(a)
NOPSEMA gives a direction under this section; and
(b)
NOPSEMA considers that the direction may have significant consequences for:
(i)
resource management; or
(ii)
resource security;
NOPSEMA must:
(c)
give the responsible Commonwealth Minister a copy of the direction; and
(d)
do so as soon as practicable after the direction was given.

333

After section 574

Insert:

574AGeneral power to give directions—responsible Commonwealth Minister

Definition
(1)
In this section:
title means:
(a)
a petroleum exploration permit; or
(b)
a petroleum retention lease; or
(c)
a petroleum production licence; or
(d)
an infrastructure licence; or
(e)
a pipeline licence; or
(f)
a petroleum special prospecting authority; or
(g)
a petroleum access authority.
Direction to registered holder
(2)
The responsible Commonwealth Minister 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, so long as that matter is a matter:
(a)
that relates to resource management; or
(b)
that relates to resource security; or
(c)
in relation to which regulations may be made for the purposes of section 698 (which deals with data management).
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 576.
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 the offshore area for any reason touching, concerning, arising out of, or connected with, exploring the seabed or subsoil of the offshore area for petroleum or exploiting the petroleum that occurs as a natural resource of that seabed or subsoil; 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 575.
Additional matters
(5)
The responsible Commonwealth Minister must not give a direction under this section of a standing or permanent nature except with the approval of the Joint Authority, but the validity of a direction is not affected by a breach of this subsection.
(6)
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 (other than the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009); and
(c)
the applied provisions.
Note: For applied provisions, see subsection 80(2).
(7)
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.
(8)
To avoid doubt, subsection (7) applies to an instrument, whether issued or made in Australia or outside Australia.
(9)
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.
(10)
If a direction under this section makes provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard, the responsible Commonwealth Minister must ensure that the text of the code of practice or standard applied, adopted or incorporated is published on the Department’s website.
(11)
Subsection (10) does not apply if the publication would infringe copyright.
Inconsistency
(12)
If a direction under section 574 is inconsistent with a direction under this section, the direction under section 574 has no effect to the extent of the inconsistency.
Directions
(13)
If paragraph (3)(b) applies to a direction under this section, the direction is a legislative instrument.
(14)
If paragraph (3)(b) does not apply to a direction under this section, the direction is not a legislative instrument.

334

Subsection 575(3)

Omit “the Designated Authority”, substitute “NOPSEMA”.

335

After subsection 575(3)

Insert:
Notification
(3A)
If a direction under section 574A applies to:
(a)
a registered holder; and
(b)
a person referred to in paragraph 574A(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.
(3B)
If a direction under section 574A applies to:
(a)
a registered holder; and
(b)
a person referred to in paragraph 574A(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.
(3C)
If a direction under section 574A applies to:
(a)
a registered holder; and
(b)
a person referred to in paragraph 574A(3)(b);
the responsible Commonwealth Minister 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.

336

Paragraph 575(4)(a)

Omit “or (3)”, substitute “, (3), (3A), (3B) or (3C)”.

337

Paragraphs 576(1)(a) and (3)(a)

After “574”, insert “or 574A”.

338

Division 3 of Part 6.2 (heading)

Repeal the heading, substitute:

Division 3—NOPSEMA or the responsible Commonwealth Minister may take action if there is a breach of a direction

339

Subsection 577(1)

Omit “the Designated Authority” (wherever occurring), substitute “NOPSEMA”.
Note 1: The heading to section 577 is altered by omitting “Designated Authority” and substituting “NOPSEMA”.
Note 2: The heading to subsection 577(1) is altered by omitting “Designated Authority” and substituting “NOPSEMA”.

340

Subsection 577(2)

Repeal the subsection.

341

Subsection 577(3)

Omit “the Designated Authority”, substitute “NOPSEMA”.
Note: The heading to subsection 577(3) is altered by omitting “the Designated Authority” and substituting “NOPSEMA”.

342

At the end of Division 3 of Part 6.2

Add:

577AResponsible Commonwealth Minister may take action if there is a breach of a direction

Action by responsible Commonwealth Minister
(1)
If:
(a)
a person is subject to a direction given by the responsible Commonwealth Minister under this Part; and
(b)
the person engages in conduct; and
(c)
the person’s conduct breaches the direction;
the responsible Commonwealth Minister may do any or all of the things required by the direction to be done.
Recovery of costs and expenses incurred by the responsible Commonwealth Minister
(2)
Costs or expenses incurred by the responsible Commonwealth Minister under subsection (1) in relation to a direction are:
(a)
a debt due to the Commonwealth by the person subject to the direction; and
(b)
recoverable in a court of competent jurisdiction.
Exception—direction that has an extended application
(3)
If:
(a)
a direction under section 574A 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.

343

Section 578

Before “In a prosecution”, insert “(1)”.

344

Section 578

Omit “the Designated Authority”, substitute “NOPSEMA”.

345

Section 578 (note)

Omit “section” (first occurring), substitute “subsection”.

346

At the end of section 578

Add:
(2)
In a prosecution for an offence in relation to a breach of a direction given by the responsible Commonwealth Minister under this Part, it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
Note: The defendant bears a legal burden in relation to the matter in this subsection—see section 13.4 of the Criminal Code.

347

Subparagraph 583(1)(a)(ii)

After “Chapter”, insert “(other than Part 6.2)”.

348

Paragraph 584(b)

After “Chapter”, insert “(other than Part 6.2)”.

349

Section 585

Repeal the section, substitute:

585Simplified outline

The following is a simplified outline of this Division:
• NOPSEMA may give remedial directions to petroleum titleholders or former petroleum 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.
• The responsible Commonwealth Minister may give remedial directions to petroleum titleholders or former petroleum titleholders about the following matters:
(a)
the plugging or closing off of wells;
(b)
the conservation and protection of natural resources;
(c)
the making good of damage to the seabed or subsoil.
• If there is a breach of a remedial 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 remedial direction, NOPSEMA may direct the owner to remove or dispose of the property.

350

Subsection 586(2)

Omit “The Designated Authority”, substitute “NOPSEMA”.
Note: The heading to section 586 is altered by adding at the end “—NOPSEMA”.

351

Subsection 586(2)

Omit “the Designated Authority” (wherever occurring), substitute “NOPSEMA”.

352

At the end of subsection 586(2)

Add:
Note 3: A direction under this section has no effect to the extent of any inconsistency with a direction under section 586A: see subsection 586A(9).

353

Subsection 586(3)

Omit “the Designated Authority”, substitute “NOPSEMA”.

354

After section 586

Insert:

586ARemedial directions to current holders of permits, leases and licences—responsible Commonwealth Minister

Scope
(1)
This section applies to:
(a)
a petroleum exploration permit; or
(b)
a petroleum retention lease; or
(c)
a petroleum production licence; or
(d)
an infrastructure licence; or
(e)
a pipeline licence.
Direction to registered holder
(2)
The responsible Commonwealth Minister 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 plug or close off, to the satisfaction of the responsible Commonwealth Minister, all wells made in the title area by any person engaged or concerned in those operations;
(b)
to provide, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the title area;
(c)
to make good, to the satisfaction of the responsible Commonwealth Minister, any damage to the seabed or subsoil in the title area caused by any person engaged or concerned in those operations;
so long as the direction is given for a purpose that relates to:
(d)
resource management; or
(e)
resource security.
Note 1: For applicable date and title area, see subsection (7).
Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(3)
In attaining a state of satisfaction for the purposes of paragraph (2)(a), the responsible Commonwealth Minister:
(a)
in the case of a declared petroleum exploration permit, declared petroleum retention lease or declared petroleum production licence—must have regard; or
(b)
otherwise—may have regard;
to the principle that plugging or closing off wells should be carried out in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
(4)
Paragraph (2)(b) has effect subject to:
(a)
Chapter 2; and
(b)
this Chapter; and
(c)
the regulations.
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:

Applicable date and title area
Item	In the case of...	the applicable date is...	and the title area is...
1	a petroleum exploration permit	the expiry date of the permit	the permit area.
2	a petroleum retention lease	the expiry date of the lease	the lease area.
3	a fixed‑term petroleum production licence	the expiry date of the licence	the licence area.
4	a petroleum production licence that is not a fixed‑term petroleum production licence	the first date on which the licence can be terminated under this Act	the licence area.
5	an infrastructure licence	the first date on which the licence can be terminated under this Act	the licence area.
6	a pipeline licence	the first date on which the licence can be terminated under this Act	the part of the offshore area in which the pipeline is constructed.

(8)
A notice under subsection (2) need not identify the applicable date as a particular calendar date.
Inconsistency
(9)
If a direction under section 586 is inconsistent with a direction under this section, the direction under section 586 has no effect to the extent of the inconsistency.

355

Subsection 587(2)

Omit “The Designated Authority”, substitute “NOPSEMA”.
Note: The heading to section 587 is altered by adding at the end “—NOPSEMA”.

356

Subsection 587(2)

Omit “the Designated Authority” (wherever occurring), substitute “NOPSEMA”.

357

At the end of subsection 587(2)

Add:
Note: A direction under this section has no effect to the extent of any inconsistency with a direction under section 587A: see subsection 587A(8).

358

Subsection 587(4)

Omit “the Designated Authority”, substitute “NOPSEMA”.

359

After section 587

Insert:

587ARemedial directions to former holders of permits, leases, licences and authorities etc.—responsible Commonwealth Minister

Scope
(1)
This section applies if an event specified in the table has happened:

Scope
Item	Title	Event
1	Petroleum exploration permit	(a) the permit has been wholly or partly revoked; (b) the permit has been wholly or partly cancelled; (c) the permit has expired.
2	Petroleum retention lease	(a) the lease has been wholly or partly revoked; (b) the lease has been cancelled; (c) the lease has expired.
3	Petroleum production licence	(a) the licence has been wholly or partly revoked; (b) the licence has been wholly or partly cancelled; (c) the licence has been terminated; (d) the licence has expired.
4	Infrastructure licence	(a) the licence has been cancelled; (b) the licence has been terminated.
5	Pipeline licence	(a) the licence has been wholly or partly cancelled; (b) the licence has been wholly or partly terminated.
6	Petroleum special prospecting authority	(a) the authority has been surrendered; (b) the authority has been cancelled; (c) the authority has expired.
7	Petroleum access authority	(a) the authority has been revoked; (b) the authority has been surrendered; (c) the authority has expired.

Direction
(2)
The responsible Commonwealth Minister 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 plug or close off, to the satisfaction of the responsible Commonwealth Minister, all wells made in the vacated area by any person engaged or concerned in those operations;
(b)
to provide, to the satisfaction of the responsible Commonwealth Minister, for the conservation and protection of the natural resources in the vacated area;
(c)
to make good, to the satisfaction of the responsible Commonwealth Minister, any damage to the seabed or subsoil in the vacated area caused by any person engaged or concerned in those operations:
so long as the direction is given for the purposes of:
(d)
resource management; or
(e)
resource security.
(3)
The period specified in the notice must be reasonable.
(4)
In attaining a state of satisfaction for the purposes of paragraph (2)(a), the responsible Commonwealth Minister:
(a)
in the case of a declared petroleum exploration permit, declared petroleum retention lease or declared petroleum production licence—must have regard; or
(b)
otherwise—may have regard;
to the principle that plugging or closing off wells should be carried out in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
(5)
Paragraph (2)(b) has effect subject to:
(a)
Chapter 2; and
(b)
this Chapter; and
(c)
the regulations.
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.
Inconsistency
(8)
If a direction under section 587 is inconsistent with a direction under this section, the direction under section 587 has no effect to the extent of the inconsistency.

360

Section 588

Omit “the Designated Authority” (wherever occurring), substitute “NOPSEMA”.
Note 1: The heading to section 588 is altered by omitting “Designated Authority” and substituting “NOPSEMA”.
Note 2: The heading to subsection 588(2) is altered by omitting “Designated Authority” and substituting “NOPSEMA”.

361

Subsection 589(1)

Omit “the Designated Authority” (wherever occurring), substitute “NOPSEMA”.
Note: The heading to section 589 is altered by omitting “Designated Authority” and substituting “NOPSEMA”.

362

Subsection 589(2)

Omit “The Designated Authority”, substitute “NOPSEMA”.

363

Subsections 589(2), (4) and (5)

Omit “the Designated Authority” (wherever occurring), substitute “NOPSEMA”.

364

At the end of Division 1 of Part 6.4

Add:

590AResponsible Commonwealth Minister may take action if a direction has been breached

Scope
(1)
This section applies if a direction is given under section 587A.
Responsible Commonwealth Minister may take action
(2)
If:
(a)
a direction under section 587A has been breached in relation to the vacated area; or
(b)
an arrangement under section 587A has not been carried out in relation to the vacated area;

Note: Paragraphs (a) and (b) relate to the release of technical information.

546

Section 746

Repeal the section.

547

At the end of Part 9.1

Add:

747AReview of reviewable Titles Administrator decision

Applications may be made to the Administrative Appeals Tribunal for review of a reviewable Titles Administrator decision.
Note: For notification of decision and review rights, see section 27A of the Administrative Appeals Tribunal Act 1975.

548

Paragraph 768(1)(d)

Repeal the paragraph, substitute:
(d)
the Titles Administrator;

549

Paragraphs 768(1)(e) and (f)

Omit “the Safety Authority”, substitute “NOPSEMA”.

550

Paragraph 768(1)(j)

Omit “Designated Authority”, substitute “Titles Administrator”.

551

Paragraph 768(1)(k)

Omit “the Safety Authority” (wherever occurring), substitute “NOPSEMA”.

552

Subsection 768(2)

Omit “Designated Authority or the Safety Authority”, substitute “Titles Administrator or NOPSEMA”.
553
Subsection 771(1) (cell at table item 1, column headed “A document required or permitted by this Act to be given to...”)
Repeal the cell, substitute:

a person other than:
(a) the responsible Commonwealth Minister; or
(b) the Titles Administrator; or
(c) NOPSEMA; or
(d) a corporation

554

Subsection 771(1) (table item 2)

Repeal the item, substitute:

2	the Titles Administrator	(a) by prepaying and posting the document as a letter addressed to the National Offshore Petroleum Titles Administrator at the Department; or (b) by leaving it at an office occupied by the Titles Administrator, or by APS employees assisting the Titles Administrator, with some person apparently employed in connection with the business of the Titles Administrator and apparently at least 16 years of age.
2A	NOPSEMA	(a) by prepaying and posting the document as a letter addressed to the National Offshore Petroleum Safety and Environmental Management Authority at a place of business of NOPSEMA; or (b) by leaving it at an office occupied by NOPSEMA with some person apparently employed in connection with the business of NOPSEMA and apparently at least 16 years of age.

555

Section 772

Omit “the Designated Authority” (wherever occurring), substitute “the Titles Administrator”.

556

Subsection 774(2)

Omit “the Designated Authority”, substitute “the Titles Administrator and NOPSEMA”.

557

After subsection 774(3)

Insert:
(3A)
The joint written notice must be in the form approved, in writing, by the Titles Administrator and the Chief Executive Officer of NOPSEMA.

558

Paragraph 774(5)(b)

Omit “the Designated Authority”, substitute “the Titles Administrator and NOPSEMA”.

559

After subsection 774(5)

Insert:
(5A)
A notice under subsection (5) must be in the form approved, in writing, by the Titles Administrator and the Chief Executive Officer of NOPSEMA.

560

Subsection 775A(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

561

Section 775B

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

562

Section 775C

Omit “Designated Authority” (wherever occurring), substitute “responsible Commonwealth Minister”.

563

Before paragraph 778(1)(a)

Insert:
(aa)
the Chief Executive Officer of NOPSEMA; or

564

Paragraph 778(1)(a)

Omit “Secretary of the Department”, substitute “Secretary”.

565

Subsection 778(3)

Omit all the words after “or the”, substitute “regulations as, or as a member of, the Joint Authority for an offshore area.”.

566

At the end of section 778

Add:
Sub‑delegation
(4)
If a function or power is delegated to the Chief Executive Officer of NOPSEMA under subsection (1), the Chief Executive Officer of NOPSEMA may, by writing, sub‑delegate the function or power to a member of the staff of NOPSEMA.
(5)
Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to the sub‑delegation in a corresponding way to the way in which they apply in relation to a delegation.
(6)
In performing functions or exercising powers under a sub‑delegation, the sub‑delegate must comply with any directions of the responsible Commonwealth Minister.

567

Paragraph 779(1)(c)

Repeal the paragraph, substitute:
(c)
the Titles Administrator; or
(d)
NOPSEMA;

568

Section 780D

Omit “Secretary of the Department” (wherever occurring), substitute “Secretary”.

569

Subsection 780F(1)

Omit “Secretary of the Department”, substitute “Secretary”.

570

Subparagraph 780F(3)(b)(i)

Omit “Secretary of the Department”, substitute “Secretary”.

571

Subparagraph 780F(3)(b)(ii)

Omit “a Designated Authority”, substitute “the Titles Administrator”.

572

Subparagraph 780F(3)(b)(iv)

Omit “the Safety Authority”, substitute “NOPSEMA”.

573

Subsection 780F(4)

Omit “Secretary of the Department”, substitute “Secretary”.

574

Subsection 780F(5)

Omit “Secretary of the Department” (wherever occurring), substitute “Secretary”.

575

Clause 2 of Schedule 3

Omit “the Safety Authority”, substitute “NOPSEMA”.

576

Subclauses 5(1) and (2) of Schedule 3

Omit “the Safety Authority”, substitute “NOPSEMA”.
577
Subparagraphs 13A(1)(a)(ii), 13A(2)(a)(ii), 13B(1)(a)(ii) and 13B(2)(a)(ii) of Schedule 3
Omit “the wellhead is”, substitute “the well is wholly or partly”.

578

Clause 26 of Schedule 3

Omit “the Safety Authority” (wherever occurring), substitute “NOPSEMA”.

579

Subclause 30(1) of Schedule 3

Omit “the Safety Authority”, substitute “NOPSEMA”.

580

Clause 32 of Schedule 3

Omit “the Safety Authority” (wherever occurring), substitute “NOPSEMA”.

581

Subparagraph 34(1)(a)(iii) of Schedule 3

Omit “the Safety Authority”, substitute “NOPSEMA”.

582

Subclause 35(2) of Schedule 3

Omit “the Safety Authority”, substitute “NOPSEMA”.

583

Subclause 39(1) of Schedule 3

Omit “the Safety Authority”, substitute “NOPSEMA”.

584

Clause 44 of Schedule 3

Omit “the Safety Authority” (wherever occurring), substitute “NOPSEMA”.

585

Clause 46 of Schedule 3

Omit “The Safety Authority” (wherever occurring), substitute “NOPSEMA”.

586

Clause 47 of Schedule 3

Omit “the Safety Authority”, substitute “NOPSEMA”.

587

Clause 48 of Schedule 3

Omit “The Safety Authority” (wherever occurring), substitute “NOPSEMA”.

588

Subclause 49(2) of Schedule 3

Omit “The Safety Authority”, substitute “NOPSEMA”.
Note: The heading to subclause 49(2) of Schedule 3 is altered by omitting “the Safety Authority” and substituting “NOPSEMA”.

589

Subclause 49(2) of Schedule 3

Omit “the Safety Authority”, substitute “NOPSEMA”.

590

Paragraph 50(2)(d) of Schedule 3

Omit “the Safety Authority’s”, substitute “NOPSEMA’s”.

591

Paragraph 51(2)(b) of Schedule 3

Omit “the Safety Authority’s”, substitute “NOPSEMA’s”.

592

Subparagraph 52(3)(c)(i) of Schedule 3

Omit “the Safety Authority’s”, substitute “NOPSEMA’s”.

593

Subparagraph 56(5)(c)(i) of Schedule 3

Omit “the Safety Authority’s”, substitute “NOPSEMA’s”.

594

Subparagraph 57(5)(c)(i) of Schedule 3

Omit “the Safety Authority’s”, substitute “NOPSEMA’s”.

595

Subclause 58(4) of Schedule 3

Omit “the Safety Authority” (wherever occurring), substitute “NOPSEMA”.

596

Subclause 65(1) of Schedule 3

Omit “the Safety Authority”, substitute “NOPSEMA”.

597

Subclause 65(2) of Schedule 3

Omit “The Safety Authority”, substitute “NOPSEMA”.

598

Paragraph 65(2)(b) of Schedule 3

Omit “the Safety Authority”, substitute “NOPSEMA”.

599

Clause 66 of Schedule 3

Omit “the Safety Authority” (wherever occurring), substitute “NOPSEMA”.

600

Subclauses 80(1) and (3) of Schedule 3

Omit “the Safety Authority”, substitute “NOPSEMA”.
Note: The heading to subclause 80(1) of Schedule 3 is altered by omitting “the Safety Authority” and substituting “NOPSEMA”.

601

Subclause 80(4) of Schedule 3

Omit “The Safety Authority”, substitute “NOPSEMA”.

602

Subclause 80(5) of Schedule 3

Omit “the Safety Authority”, substitute “NOPSEMA”.

603

Clause 82 of Schedule 3

Omit “the Safety Authority” (wherever occurring), substitute “NOPSEMA”.

604

Subclause 83(1) of Schedule 3

Omit “the Safety Authority”, substitute “NOPSEMA”.

605

Clause 89 of Schedule 3

Omit “the Safety Authority” (wherever occurring), substitute “NOPSEMA”.
Note: The heading to subclause 89(1) of Schedule 3 is altered by omitting “Safety Authority” and substituting “NOPSEMA”.

606

Subclause 89(5) of Schedule 3

Omit “The Safety Authority”, substitute “NOPSEMA”.
607
Subclauses 2(2), (4), (5) and (6) of Schedule 4
Omit “Designated Authority”, substitute “Titles Administrator”.

608

Subclause 2(7) of Schedule 4 (note 2)

Omit “Designated Authority”, substitute “Titles Administrator”.

609

Clause 3 of Schedule 4

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.
610
Subclauses 4(2), (4), (5) and (6) of Schedule 4
Omit “Designated Authority”, substitute “Titles Administrator”.

611

Subclause 4(7) of Schedule 4 (note 2)

Omit “Designated Authority”, substitute “Titles Administrator”.

612

Subclause 7(1) of Schedule 4

Omit “Designated Authority”, substitute “Titles Administrator”.

613

Paragraph 4(a) of Schedule 5

Omit “Designated Authority”, substitute “Titles Administrator”.

614

Subclause 5(1) of Schedule 5

Omit “Designated Authority” (first occurring), substitute “Titles Administrator”.
Note: The heading to clause 5 of Schedule 5 is altered by omitting “Designated Authority” and substituting “Titles Administrator”.

615

Subclause 5(2) of Schedule 5

Omit “Designated Authority”, substitute “Titles Administrator”.

616

Clause 6 of Schedule 5

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

617

Subclause 7(1) of Schedule 5

Omit “Designated Authority” (first and second occurring), substitute “Titles Administrator”.

618

Paragraph 7(1)(e) of Schedule 5

Omit “Designated Authority” (first occurring), substitute “Titles Administrator”.

619

Clause 8 of Schedule 5

Omit “Designated Authority” (second and third occurring), substitute “Titles Administrator”.

620

Subclause 9(1) of Schedule 5

Omit “Designated Authority” (first occurring), substitute “Titles Administrator”.

621

Paragraph 9(1)(b) of Schedule 5

Omit “Designated Authority”, substitute “Titles Administrator”.

622

Paragraph 9(1)(e) of Schedule 5

Omit “Designated Authority” (first occurring), substitute “Titles Administrator”.

623

Subclauses 9(3) and (6) of Schedule 5

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.

624

Subclause 9(7) of Schedule 5

Omit “Designated Authority for a State or the Northern Territory”, substitute “Titles Administrator”.

625

Subclause 9(7) of Schedule 5

Omit “Designated Authority” (second occurring), substitute “Titles Administrator”.

626

Paragraph 9(8)(a) of Schedule 5

Omit “Designated Authority for a State or the Northern Territory”, substitute “Titles Administrator”.

627

Subclause 9(12) of Schedule 5

Omit “Designated Authority”, substitute “Titles Administrator”.

Part 2Amendments relating to registration fees

Offshore Petroleum and Greenhouse Gas Storage Act 2006

628

Paragraph 512(1)(b)

Omit “Designated Authority”, substitute “Titles Administrator”.

629

Subsection 517(1)

Omit “Designated Authority”, substitute “Titles Administrator”.

630

Subsection 517(1)

Omit “the Register”, substitute “the relevant Register”.

631

Subsections 517(2) to (4)

Omit “Designated Authority” (wherever occurring), substitute “Titles Administrator”.
Note: The heading to subsection 517(2) is altered by omitting “Designated Authority” and substituting “Titles Administrator”.

632

Subsection 517(5)

Omit “Designated Authority concerned”, substitute “Titles Administrator”.
Note: The heading to subsection 517(5) is altered by omitting “Designated Authority” and substituting “Titles Administrator”.

633

Paragraph 561(1)(b)

Omit “responsible Commonwealth Minister”, substitute “Titles Administrator”.

634

Subsections 566(1) to (4)

Omit “responsible Commonwealth Minister” (wherever occurring), substitute “Titles Administrator”.
Note: The heading to subsection 566(2) is altered by omitting “responsible Commonwealth Minister” and substituting “Titles Administrator”.

635

Subsection 566(5)

Omit “responsible Commonwealth Minister concerned”, substitute “Titles Administrator”.
Note: The heading to subsection 566(5) is altered by omitting “responsible Commonwealth Minister” and substituting “Titles Administrator”.

636

Section 629

Omit “Designated Authority”, substitute “Titles Administrator”.
Note: The heading to section 629 is altered by omitting “Designated Authority” and substituting “Titles Administrator”.

Part 3Transitional provisions commencing on Royal Assent

637

Board members

(1) The amendments made by this Schedule do not affect the continuity of an appointment under section 656 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(2) Subitem (1) does not limit the operation of section 25B of the Acts Interpretation Act 1901.

638

CEO

(1) The amendments made by this Schedule do not affect the continuity of an appointment under section 665 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(2) Subitem (1) does not limit the operation of section 25B of the Acts Interpretation Act 1901.

639

Translation of references in documents

(1) The regulations may provide that, after the commencement of Part 1 of this Schedule, a specified document has effect as if a specified reference in the document to the Designated Authority were a reference to the Titles Administrator.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.
(2) The regulations may provide that, after the commencement of Part 1 of this Schedule, a specified document has effect as if a specified reference in the document to the Designated Authority were a reference to NOPSEMA.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.
(3) The regulations may provide that, after the commencement of Part 1 of this Schedule, a specified document has effect as if a specified reference in the document to the Designated Authority were a reference to the responsible Commonwealth Minister.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.
(4) The regulations may provide that, after the commencement of Part 1 of this Schedule, a specified document has effect as if a specified reference in the document to the responsible Commonwealth Minister were a reference to the Titles Administrator.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

(5) In this item:

document includes the following:
(a)
a petroleum exploration permit;
(b)
a petroleum retention lease;
(c)
a petroleum production licence;
(d)
an infrastructure licence;
(e)
a pipeline licence;
(f)
a petroleum special prospecting authority;
(g)
a petroleum access authority;
(h)
a greenhouse gas assessment permit;
(i)
a greenhouse gas holding lease;
(j)
a greenhouse gas injection licence;
(k)
a greenhouse gas search authority;
(l)
a greenhouse gas special authority.
640
Transitional—proceedings in courts and tribunals

(1) The regulations may provide that, if:

(a)
specified proceedings are pending in a court or tribunal immediately before the commencement of Part 1 of this Schedule; and
(b)
the Designated Authority is a party to the proceedings;
then, at the commencement of Part 1 of this Schedule, the Titles Administrator is substituted as a party to the proceedings.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

(2) The regulations may provide that, if:

(a)
specified proceedings are pending in a court or tribunal immediately before the commencement of Part 1 of this Schedule; and
(b)
the Designated Authority is a party to the proceedings;
then, at the commencement of Part 1 of this Schedule, NOPSEMA is substituted as a party to the proceedings.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

(3) The regulations may provide that, if:

(a)
specified proceedings are pending in a court or tribunal immediately before the commencement of Part 1 of this Schedule; and
(b)
the Designated Authority is a party to the proceedings;
then, at the commencement of Part 1 of this Schedule, the responsible Commonwealth Minister is substituted as a party to the proceedings.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

(4) The regulations may provide that, if:

(a)
specified proceedings are pending in a court or tribunal immediately before the commencement of Part 1 of this Schedule; and
(b)
the responsible Commonwealth Minister is a party to the proceedings;
then, at the commencement of Part 1 of this Schedule, the responsible Titles Administrator is substituted as a party to the proceedings.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

(5) If:

(a)
proceedings are pending in a court or tribunal immediately before the commencement of Part 1 of this Schedule; and
(b)
the Designated Authority is a party to the proceedings; and
(c)
the court or tribunal considers that it is in the interests of the administration of justice to do so;
the court or tribunal may, by order, determine:
(d)
that regulations made for the purposes of subitem (1), (2) or (3) do not apply to the proceedings; and
(e)
that a person specified in the order is substituted as a party to the proceedings.

(6) If:

(a)
proceedings are pending in a court or tribunal immediately before the commencement of Part 1 of this Schedule; and
(b)
the responsible Commonwealth Minister is a party to the proceedings; and
(c)
the court or tribunal considers that it is in the interests of the administration of justice to do so;
the court or tribunal may, by order, determine:
(d)
that regulations made for the purposes of subitem (4) do not apply to the proceedings; and
(e)
that a person specified in the order is substituted as a party to the proceedings.

641

Transitional regulations

The Governor‑General may make regulations prescribing matters permitted by this Part to be prescribed.

Part 4Transitional provisions commencing on Proclamation

642

Interpretation

(1) For the purposes of this Part, if a provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 is amended by this Schedule so as to transfer a function or power of the Designated Authority for an offshore area to the Titles Administrator, that provision, as in force before the commencement of this item, is a Category A provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(2) For the purposes of this Part, if a provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 is amended by this Schedule so as to transfer a function or power of the Designated Authority for an offshore area to NOPSEMA, that provision, as in force before the commencement of this item, is a Category B provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(3) For the purposes of this Part, if a provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 is amended by this Schedule so as to transfer a function or power of the Designated Authority for an offshore area to the responsible Commonwealth Minister, that provision, as in force before the commencement of this item, is a Category C provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(4) For the purposes of this Part, if a provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 is amended by this Schedule so as to transfer a function or power of the responsible Commonwealth Minister to the Titles Administrator, that provision, as in force before the commencement of this item, is a Category D provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
643
Transitional—instruments made or given by the Designated Authority to be attributed to the Titles Administrator etc.

(1) This item applies to an instrument if:

(a)
the instrument was in force immediately before the commencement of this item; and
(b)
the instrument was made or given, by the Designated Authority for an offshore area, under, or for the purposes of, a Category A provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(2) The instrument has effect, after the commencement of this item, as if it had been made or given:
(a)
by the Titles Administrator; and
(b)
under, or for the purposes of, the corresponding provision of that Act as amended by this Schedule.
644
Transitional—acts of Designated Authority to be attributed to the Titles Administrator etc.

(1) This item applies to an act or thing (other than the making or giving of an instrument) that was done before the commencement of this item:
(a)
by, or in relation to, the Designated Authority for an offshore area; and
(b)
under, or for the purposes of, a Category A provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(2) The act or thing has effect, after the commencement of this item, as if it had been done:
(a)
by, or in relation to, the Titles Administrator; and
(b)
under, or for the purposes of, the corresponding provision of that Act as amended by this Schedule.
645
Transitional—instruments made or given by the Designated Authority to be attributed to NOPSEMA etc.

(1) This item applies to an instrument if:

(a)
the instrument was in force immediately before the commencement of this item; and
(b)
the instrument was made or given, by the Designated Authority for an offshore area, under, or for the purposes of, a Category B provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(2) The instrument has effect, after the commencement of this item, as if it had been made or given:
(a)
by NOPSEMA; and
(b)
under, or for the purposes of, the corresponding provision of that Act as amended by this Schedule.
646
Transitional—acts of Designated Authority to be attributed to NOPSEMA etc.
(1) This item applies to an act or thing (other than the making or giving of an instrument) that was done before the commencement of this item:
(a)
by, or in relation to, the Designated Authority for an offshore area; and
(b)
under, or for the purposes of, a Category B provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(2) The act or thing has effect, after the commencement of this item, as if it had been done:
(a)
by, or in relation to, NOPSEMA; and
(b)
under, or for the purposes of, the corresponding provision of that Act as amended by this Schedule.
647
Transitional—instruments made or given by the Designated Authority to be attributed to the responsible Commonwealth Minister etc.

(1) This item applies to an instrument if:

(a)
the instrument was in force immediately before the commencement of this item; and
(b)
the instrument was made or given, by the Designated Authority for an offshore area, under, or for the purposes of, a Category C provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(2) The instrument has effect, after the commencement of this item, as if it had been made or given:
(a)
by the responsible Commonwealth Minister; and
(b)
under, or for the purposes of, the corresponding provision of that Act as amended by this Schedule.
648
Transitional—acts of Designated Authority to be attributed to the responsible Commonwealth Minister etc.
(1) This item applies to an act or thing (other than the making or giving of an instrument) that was done before the commencement of this item:
(a)
by, or in relation to, the Designated Authority for an offshore area; and
(b)
under, or for the purposes of, a Category C provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(2) The act or thing has effect, after the commencement of this item, as if it had been done:
(a)
by, or in relation to, the responsible Commonwealth Minister; and
(b)
under, or for the purposes of, the corresponding provision of that Act as amended by this Schedule.
649
Transitional—instruments made or given by the responsible Commonwealth Minister to be attributed to the Titles Administrator etc.

(1) This item applies to an instrument if:

(a)
the instrument was in force immediately before the commencement of this item; and
(b)
the instrument was made or given, by the responsible Commonwealth Minister, under, or for the purposes of, a Category D provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(2) The instrument has effect, after the commencement of this item, as if it had been made or given:
(a)
by the Titles Administrator; and
(b)
under, or for the purposes of, the corresponding provision of that Act as amended by this Schedule.
650
Transitional—acts of the responsible Commonwealth Minister to be attributed to the Titles Administrator etc.
(1) This item applies to an act or thing (other than the making or giving of an instrument) that was done before the commencement of this item:
(a)
by, or in relation to, the responsible Commonwealth Minister; and
(b)
under, or for the purposes of, a Category D provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(2) The act or thing has effect, after the commencement of this item, as if it had been done:
(a)
by, or in relation to, the Titles Administrator; and
(b)
under, or for the purposes of, the corresponding provision of that Act as amended by this Schedule.

651

Transitional—continuation of Registers

(1) A Register for an offshore area kept under section 469 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 after the commencement of this item is, for all purposes, a continuation of the Register kept under section 469 of that Act by the Designated Authority for that offshore area immediately before the commencement of this item.
(2) The Register kept under section 521 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 after the commencement of this item is, for all purposes, a continuation of the Register kept under section 521 of that Act by the responsible Commonwealth Minister immediately before the commencement of this item.
652
Transitional—transfer of Registers by Designated Authority
(1) This item applies to a Register that was kept under section 469 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 by the Designated Authority for an offshore area immediately before the commencement of this item.
(2) The Register is to be transferred to the Titles Administrator after the commencement of this item.
653
Transitional—transfer of Register by responsible Commonwealth Minister
(1) This item applies to the Register that was kept under section 521 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 by the responsible Commonwealth Minister immediately before the commencement of this item.
(2) The Register is to be transferred to the Titles Administrator after the commencement of this item.
654
Transitional—transfer of petroleum records to the Titles Administrator

(1) This item applies to:

(a)
any records or documents that, immediately before the commencement of this item, were:
(i)
in the possession of the Designated Authority for an offshore area; and
(ii)
applicable documents within the meaning of Part 7.3 of, or Schedule 5 to, the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and
(b)
any cores, cuttings or samples that, immediately before the commencement of this item, were:
(i)
in the possession of the Designated Authority for an offshore area; and
(ii)
petroleum mining samples within the meaning of Part 7.3 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(2) The records, documents, cores, cuttings and samples are to be transferred to the Titles Administrator after the commencement of this item.
655
Transitional—transfer of greenhouse gas records to the Titles Administrator

(1) This item applies to:

(a)
any records or documents that, immediately before the commencement of this item, were:
(i)
in the possession of the responsible Commonwealth Minister; and
(ii)
applicable documents within the meaning of Part 8.3 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and
(b)
any cores, cuttings or samples that, immediately before the commencement of this item, were:
(i)
in the possession of the responsible Commonwealth Minister; and
(ii)
eligible samples within the meaning of Part 8.3 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
(2) The records, documents, cores, cuttings and samples are to be transferred to the Titles Administrator after the commencement of this item.

656

Transitional regulations

The Governor‑General may make regulations in relation to transitional matters arising out of the amendments made by this Schedule.

Schedule 3Amendments relating to annual feesPart 1Repeal of the Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act 2006

Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act 2006

The whole of the Act

Repeal the Act.

Part 2Consequential amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Section 7 (definition of Annual Fees Act)

Repeal the definition.

Paragraph 270(3)(a)

Omit “Acts”.

Subparagraph 270(3)(a)(iii)

Repeal the subparagraph, substitute:
(iii)
section 10E of the Regulatory Levies Act;

Subparagraph 274(d)(iii)

Repeal the subparagraph, substitute:
(iii)
section 10E of the Regulatory Levies Act;

Subparagraph 277(3)(a)(iii)

Repeal the subparagraph, substitute:
(iii)
section 10E of the Regulatory Levies Act;

Subparagraph 277(4)(a)(iii)

Repeal the subparagraph, substitute:
(iii)
section 10E of the Regulatory Levies Act;

Paragraph 442(3)(a)

Omit “Acts”.

Subparagraph 442(3)(a)(ii)

Repeal the subparagraph, substitute:
(ii)
section 10E of the Regulatory Levies Act;

Subparagraph 446(d)(ii)

Repeal the subparagraph, substitute:
(ii)
section 10E of the Regulatory Levies Act;

Subparagraph 449(3)(a)(ii)

Repeal the subparagraph, substitute:
(ii)
section 10E of the Regulatory Levies Act;

Subparagraph 449(4)(a)(ii)

Repeal the subparagraph, substitute:
(ii)
section 10E of the Regulatory Levies Act;

Paragraph 589(2)(e)

Repeal the paragraph, substitute:
(e)
any amounts payable by that person under section 10E of the Regulatory Levies Act, so long as the amount concerned is due and payable.

Paragraph 597(2)(d)

Repeal the paragraph, substitute:
(d)
any amounts payable by that person under section 10E of the Regulatory Levies Act, so long as the amount concerned is due and payable.

Division 1 of Part 6.7

Repeal the Division.

Part 3Application and transitional provisions

Application of repeal

The repeal of the Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act 2006 by this Schedule applies:
(a)
to the extent to which that Act relates to a year of the term of:
(i)
a work‑bid petroleum exploration permit; or
(ii)
a special petroleum exploration permit; or
(iii)
a petroleum retention lease; or
(iv)
a petroleum production licence; or
(v)
an infrastructure licence; or
(vi)
a pipeline licence;
to such a year that begins at or after the commencement of this item; and
(b)
to the extent to which that Act relates to a year of the term of:
(i)
a work‑bid greenhouse gas assessment permit; or
(ii)
a greenhouse gas holding lease; or
(iii)
a greenhouse gas injection licence;
to such a year that begins at or after the commencement of this item.

Transitional

Despite the amendments of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by this Schedule, that Act continues to apply, after the commencement of this item, in relation to:
(a)
a fee payable under the repealed Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act 2006; and
(b)
late payment penalty payable in relation to such a fee;
as if those amendments had not been made.

Schedule 4Amendments relating to registration feesPart 1Repeal of the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006

Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006

The whole of the Act

Repeal the Act.

Part 2Consequential amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Section 7 (definition of Registration Fees Act)

Repeal the definition.

At the end of section 473

Add:
Note: Section 516A requires the application to be accompanied by an application fee.

Subsection 479(3)

Omit “On payment of the fee provided for in the Registration Fees Act, the”, substitute “The”.

At the end of section 488

Add:
Note: Section 516A requires the application to be accompanied by an application fee.

Subsection 494(3)

Omit “On payment of the fee provided for in the Registration Fees Act, the”, substitute “The”.

At the end of section 498

Add:
Note: Section 516A requires the provisional application to be accompanied by an application fee.

Section 512

Repeal the section.

After section 516

Insert:

516AApplication fee

(1)
An eligible application must be accompanied by the fee (if any) prescribed by the regulations.
Note: For eligible application, see subsection (4).
(2)
Different fees may be prescribed for different eligible applications.
(3)
A fee must not be such as to amount to taxation.
(4)
For the purposes of this section, each of the following is an eligible application:
(a)
an application for the approval of the transfer of a title;
(b)
an application for the approval of a dealing (other than an application covered by section 502);
(c)
a provisional application for the approval of a dealing.

Section 517

Repeal the section.

At the end of section 525

Add:
Note: Section 565A requires the application to be accompanied by an application fee.

Subsection 530(3)

Omit “On payment of the fee provided for in the Registration Fees Act, the”, substitute “The”.

At the end of section 539

Add:
Note: Section 565A requires the application to be accompanied by an application fee.

Subsection 544(3)

Omit “On payment of the fee provided for in the Registration Fees Act, the”, substitute “The”.

At the end of section 548

Add:
Note: Section 565A requires the provisional application to be accompanied by an application fee.

Section 561

Repeal the section.

After section 565

Insert:

565AApplication fee

(1)
An eligible application must be accompanied by the fee (if any) prescribed by the regulations.
Note: For eligible application, see subsection (4).
(2)
Different fees may be prescribed for different eligible applications.
(3)
A fee must not be such as to amount to taxation.
(4)
For the purposes of this section, each of the following is an eligible application:
(a)
an application for the approval of the transfer of a title;
(b)
an application for the approval of a dealing (other than an application covered by section 551);
(c)
a provisional application for the approval of a dealing.

Section 566

Repeal the section.

Division 2 of Part 6.7

Repeal the Division.

After paragraph 636(1)(e)

Insert:
(eaa)
a fee under subsection 516A(1);

Before paragraph 636(1)(f)

Insert:
(ec)
a fee under subsection 565A(1);

Part 3Application and transitional provisions

Application of repeal

The repeal of the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006 by this Schedule applies:
(a)
to the extent to which that Act relates to the entry, under section 479 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, of a memorandum of the transfer of a title—to such an entry made in response to an application made after the commencement of this item; and
(b)
to the extent to which that Act relates to the entry, under section 494 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, of the approval of a dealing—to such an entry made in response to an application or provisional application made after the commencement of this item; and
(c)
to the extent to which that Act relates to the entry, under section 530 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, of a memorandum of the transfer of a title—to such an entry made in response to an application made after the commencement of this item; and
(d)
to the extent to which that Act relates to the entry, under section 544 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, of the approval of a dealing—to such an entry made in response to an application or provisional application made after the commencement of this item.
23
Application of provisions relating to application fees
(1) Section 516A of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 as amended by this Schedule applies to eligible applications made after the commencement of this item.
(2) Section 565A of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 as amended by this Schedule applies to eligible applications made after the commencement of this item.

Transitional

Despite the amendments of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by this Schedule, that Act continues to apply, after the commencement of this item, in relation to a fee imposed by the repealed Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006, as if those amendments had not been made.

Schedule 5Technical amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Paragraph 114(2)(a)

Omit “Designated Authority”, substitute “Joint Authority”.

Schedule 6Amendments relating to directions

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Subsection 316(3)

Repeal the subsection, substitute:
(3)
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.

Subsection 351(3)

Repeal the subsection, substitute:
(3)
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.

Subsection 376(5)

Repeal the subsection, substitute:
(5)
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.

Subsection 380(7)

Repeal the subsection, substitute:
(7)
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.

Subsection 383(7)

Repeal the subsection, substitute:
(7)
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.

Subsection 574(7)

Repeal the subsection, substitute:
(7)
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.

Subsection 580(6)

Repeal the subsection, substitute:
(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.

Application—directions

The amendments made by this Schedule apply to directions given after the commencement of this item.

[Minister’s second reading speech made in—

House of Representatives on 25 May 2011

Senate on 18 August 2011]

(92/11)