Offshore Petroleum and Greenhouse Gas Storage Amendment Regulations 2024 (Vic)

Offshore Petroleum and Greenhouse Gas Storage Amendment Regulations 2024

S.R. No. 65/2024

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

Part 2—Application fees

5Regulation 337 substituted

6Schedule 1 substituted

Part 3—Annual fees

7Division 2 of Part 6.1 substituted

Part 4—Other fees

8Division 3 of Part 6.1 substituted

Part 5—Extension of operation of Principal Regulations

9Part 6.3 revoked

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Endnotes

STATUTORY RULES 2024

S.R. No. 65/2024

Offshore Petroleum and Greenhouse Gas Storage Act 2010

Offshore Petroleum and Greenhouse Gas Storage Amendment Regulations 2024

The Governor in Council makes the following Regulations:

Dated: 25 June 2024

Responsible Minister:

LILY D'AMBROSIO
Minister for Energy and Resources

SAMUAL WALLACE

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are to amend the Offshore Petroleum and Greenhouse Gas Storage Regulations 2021—

(a)to extend the operation of those Regulations until 7 December 2031; and

(b)to increase existing prescribed fees, with an initial increase applying from 1 July 2024, and a further increase applying from 1 July 2025; and

(c)to convert existing prescribed fees into fee units.

2Authorising provision

These Regulations are made under section 794 of the Offshore Petroleum and Greenhouse Gas Storage Act 2010.

3Commencement

These Regulations come into operation on 1 July 2024.

4Principal Regulations

In these Regulations, the Offshore Petroleum and Greenhouse Gas Storage Regulations 2021[1] are called the Principal Regulations.

PART 2—APPLICATION FEES

5Regulation 337 substituted

For regulation 337 of the Principal Regulations substitute—

"337   Application fees

(1)For the purposes of section 252(2) of the Act, the prescribed fee for an application is—

(a)in the case of an application made before 1 July 2025, the fee specified in Column 3 of the table in Part 1 of Schedule 1 for that application; or

(b)in the case of an application made on or after 1 July 2025, the fee specified in Column 4 of the table in Part 1 of Schedule 1 for that application.

(2)For the purposes of section 459(2) of the Act, the prescribed fee for an application is—

(a)in the case of an application made before 1 July 2025, the fee specified in Column 3 of the table in Part 2 of Schedule 1 for that application; or

(b)in the case of an application made on or after 1 July 2025, the fee specified in Column 4 of the table in Part 2 of Schedule 1 for that application.".

6Schedule 1 substituted

For Schedule 1 to the Principal Regulations substitute—

" Schedule 1—Application fees

Regulation 337

Part 1—Application fees for petroleum applications

Column 1	Column 2	Column 3	Column 4
Item	Type of application	Prescribed fee (1 July 2024 to 30 June 2025)	Prescribed fee (On and after 1 July 2025)
1	Work-bid petroleum exploration permit	1209 fee units	1610 fee units
2	Special petroleum exploration permit	1209 fee units	1610 fee units
3	Cash-bid petroleum exploration permit	483 fee units	644 fee units
4	Renewal of petroleum exploration permit (all types)	483 fee units	644 fee units
5	Petroleum retention lease (all types)	483 fee units	644 fee units
6	Renewal of petroleum retention lease (all types)	483 fee units	644 fee units
7	Petroleum production licence over a surrendered block	1209 fee units	1610 fee units
8	Petroleum production licence over an individual block	242 fee units	323 fee units
9	Petroleum production licence (other than a licence in items 7 and 8)	483 fee units	644 fee units
10	Renewal of petroleum production licence (all types)	483 fee units	644 fee units
11	Infrastructure licence	483 fee units	644 fee units
12	Pipeline licence	1209 fee units	1610 fee units
13	Variation of pipeline licence	242 fee units	323 fee units
14	Petroleum special prospecting authority	242 fee units	323 fee units

Part 2—Application fees for greenhouse gas applications

Column 1	Column 2	Column 3	Column 4
Item	Type of application	Prescribed fee (1 July 2024 to 30 June 2025)	Prescribed fee (On and after 1 July 2025)
1	Work-bid greenhouse gas assessment permit	Nil	Nil
2	Cash-bid greenhouse gas assessment permit	Nil	Nil
3	Renewal of greenhouse gas assessment permit	Nil	Nil
4	Greenhouse gas holding lease (all types)	483 fee units	644 fee units
5	Renewal of greenhouse gas holding lease	483 fee units	644 fee units
6	Greenhouse gas injection licence	483 fee units	644 fee units
7	Greenhouse gas search authority	Nil	Nil
8	Greenhouse gas site closing certificate	1209 fee units	1610 fee units

".

PART 3—ANNUAL FEES

7Division 2 of Part 6.1 substituted

For Division 2 of Part 6.1 of the Principal Regulations substitute—

"Division 2—Annual fees

338Work-bid petroleum exploration permit fee

For the purposes of section 684(1) of the Act, the fee for a work-bid petroleum exploration permit for a year of the term of the permit is—

(a)in the case of a fee for a year beginning before 1 July 2025, the greater of—

(i)299 fee units; or

(ii)14 fee units for each block to which the permit relates at the beginning of the year; or

(b)in the case of a fee for a year beginning on or after 1 July 2025, the greater of—

(i)398 fee units; or

(ii)19 fee units for each block to which the permit relates at the beginning of the year.

339Special petroleum exploration permit fee

For the purposes of section 684(1) of the Act, the fee for a special petroleum exploration permit for a year of the term of the permit is—

(a)in the case of a fee for a year beginning before 1 July 2025, 1797 fee units for each block to which the permit relates at the beginning of the year; or

(b)in the case of a fee for a year beginning on or after 1 July 2025, 2393 fee units for each block to which the permit relates at the beginning of the year.

340Petroleum retention lease fee

For the purposes of section 685(1) of the Act, the fee for a petroleum retention lease for a year of the term of the lease is—

(a)in the case of a fee for a year beginning before 1 July 2025, 1797 fee units for each block to which the lease relates at the beginning of the year; or

(b)in the case of a fee for a year beginning on or after 1 July 2025, 2393 fee units for each block to which the lease relates at the beginning of the year.

341Petroleum production licence fee

For the purposes of section 686(1) of the Act, the fee for a production licence for a year of the term of the licence is—

(a)in the case of a fee for a year beginning before 1 July 2025, 5390 fee units for each block to which the licence relates at the beginning of the year; or

(b)in the case of a year beginning on or after 1 July 2025, 7178 fee units for each block to which the licence relates at the beginning of the year.

342Infrastructure licence fee

For the purposes of section 687(1) of the Act, the fee for an infrastructure licence for a year of the term of the licence is—

(a)in the case of a fee for a year beginning before 1 July 2025, 3593 fee units; or

(b)in the case of a fee for a year beginning on or after 1 July 2025, 4785 fee units.

343Pipeline licence fee

For the purposes of section 688(1) of the Act, the fee for a pipeline licence for a year of the term of the licence is—

(a)in the case of a fee for a year beginning before 1 July 2025, 24 fee units per kilometre, or part of a kilometre, of the length of the pipeline at the beginning of the year; or

(b)in the case of a fee for a year beginning on or after 1 July 2025, 32 fee units per kilometre, or part of a kilometre, of the length of the pipeline at the beginning of the year.

344Greenhouse gas holding lease fee

For the purposes of section 689(1) of the Act, the fee for a greenhouse gas holding lease for a year of the term of the lease is—

(a)in the case of a fee for a year beginning before 1 July 2025, 1797 fee units for each block to which the lease relates at the beginning of the year; or

(b)in the case of a fee for a year beginning on or after 1 July 2025, 2393 fee units for each block to which the lease relates at the beginning of the year.

345Greenhouse gas injection licence fee

For the purposes of section 689(1) of the Act, the fee for a greenhouse gas injection licence for a year of the term of the licence is—

(a)in the case of a fee for a year beginning before 1 July 2025, 5390 fee units for each block to which the licence relates at the beginning of the year; or

(b)in the case of a fee for a year beginning on or after 1 July 2025, 7178 fee units for each block to which the licence relates at the beginning of the year.".

PART 4—OTHER FEES

8Division 3 of Part 6.1 substituted

For Division 3 of Part 6.1 of the Principal Regulations substitute—

"Division 3—Other fees

346Fee for entries in the Register of memoranda of transfers of title

(1)For the purposes of item 2 in the table to section 557(2) of the Act, the amount prescribed is—

(a)in the case of a transfer approved before 1 July 2025, 242 fee units; or

(b)in the case of a transfer approved on or after 1 July 2025, 323 fee units.

(2)For the purposes of item 3 in the table to section 557(2) of the Act, the amount prescribed is—

(a)in the case of a transfer approved before 1 July 2025, 242 fee units; or

(b)in the case of a transfer approved on or after 1 July 2025, 323 fee units.

(3)For the purposes of item 4 in the table to section 557(2) of the Act, the amount prescribed is—

(a)in the case of a transfer approved before 1 July 2025, 1209 fee units; or

(b)in the case of a transfer approved on or after 1 July 2025, 1610 fee units.

347Fee for approval of dealing relating to a petroleum title

(1)For the purposes of item 5 in the table to section 558(2) of the Act, the amount prescribed is—

(a)in the case of a dealing approved before 1 July 2025, 242 fee units; or

(b)in the case of a dealing approved on or after 1 July 2025, 323 fee units.

(2)For the purposes of item 6 in the table to section 558(2) of the Act, the amount prescribed is—

(a)in the case of a dealing approved before 1 July 2025, 1209 fee units; or

(b)in the case of a dealing approved on or after 1 July 2025, 1610 fee units.

348Fee for registration of transfer of greenhouse gas title

For the purposes of section 572(3) of the Act, the prescribed fee is—

(a)in the case of a transfer approved before 1 July 2025, 242 fee units; or

(b)in the case of a transfer approved on or after 1 July 2025, 323 fee units.

349Fee for registration of dealing with greenhouse gas title

For the purposes of section 586(3) of the Act, the prescribed fee is—

(a)in the case of a dealing approved before 1 July 2025, 242 fee units; or

(b)in the case of a dealing approved on or after 1 July 2025, 323 fee units.

350Register inspection fees

(1)For the purposes of section 550(1) and (2) of the Act, the prescribed fee is—

(a)in the case of an inspection before 1 July 2025, 5 fee units; or

(b)in the case of an inspection on or after 1 July 2025, 7 fee units.

(2)For the purposes of section 607(1) and (2) of the Act, the prescribed fee is—

(a)in the case of an inspection before 1 July 2025, 5 fee units; or

(b)in the case of an inspection on or after 1 July 2025, 7 fee units.

351Document and certification fees

(1)For the purposes of sections 551(2) and 608(2) of the Act, the prescribed fee is—

(a)in the case of a copy or an extract requested before 1 July 2025, 1 fee unit per page of the copy or extract; or

(b)in the case of a copy or an extract requested on or after 1 July 2025, 1.2 fee units per page of the copy or extract.

(2)For the purposes of sections 552(1) and 609(1) of the Act, the prescribed fee is—

(a)in the case of a request for the issue of a certificate made before 1 July 2025, 12 fee units; or

(b)in the case of a request for the issue of a certificate made on or after 1 July 2025, 16 fee units.

352Information fees

(1)For the purposes of regulations 285(2), 286(3), 324(2) and 325(3), in the case of a request for information made before 1 July 2025, the fee payable by a person before information is made available to that person is an amount equal to the sum of the following amounts—

(a)if the information requested is contained in a document and that document is lent to the person who made the request—an amount calculated at the rate of 10 fee units per day or part of a day during which the document containing the information is on loan to that person;

(b)if the information requested is contained in a document and that document is not readily available and a search is necessary to locate the information—an amount calculated at the rate of 10 fee units per hour or part of an hour after the first half hour for the time taken to locate the information;

(c)if any information referred to in paragraph (a) or (b) is, on the application of the person making the request—

(i)copied or reproduced; or

(ii)forwarded or consigned to that person—

an amount equal to all costs incurred in the copying or reproduction or forwarding or consignment, including the costs of packaging (if applicable).

(2)   For the purposes of regulations 285(2), 286(3), 324(2) and 325(3), in the case of a request for information made on or after 1 July 2025, the fee payable by a person before information is made available to that person is an amount equal to the sum of the following amounts—

(a)if the information requested is contained in a document and that document is lent to the person who made the request—an amount calculated at the rate of 13 fee units per day or part of a day during which the document containing the information is on loan to that person;

(b)if the information requested is contained in a document and that document is not readily available and a search is necessary to locate the information—an amount calculated at the rate of 13 fee units per hour or part of an hour after the first half hour for the time taken to locate the information;

(c)if any information referred to in paragraph (a) or (b) is, on the application of the person making the request—

(i)copied or reproduced; or

(ii)forwarded or consigned to that person—

an amount equal to all costs incurred in the copying or reproduction or forwarding or consignment, including the costs of packaging (if applicable).

353Sample inspection fees

(1)For the purposes of regulations 289(3) and 328(3), in the case of a request to inspect a sample made before 1 July 2025, the fee payable by a person before the person is permitted to inspect a sample is an amount equal to the sum of the following amounts—

(a)if the sample is lent to the person who made the request—an amount calculated at the rate of 10 fee units per day or part of a day during which the sample is on loan to that person;

(b)if the sample is, on the application of the person making the request, forwarded or consigned to that person—an amount equal to all costs incurred in the forwarding or consignment, including the costs of packaging (if applicable).

(2)For the purposes of regulations 289(3) and 328(3), in the case of a request to inspect a sample made on or after 1 July 2025, the fee payable by a person before the person is permitted to inspect a sample is an amount equal to the sum of the following amounts—

(a)if the sample is lent to the person who made the request—an amount calculated at the rate of 13 fee units per day or part of a day during which the sample is on loan to that person;

(b)if the sample is, on the application of the person making the request, forwarded or consigned to that person—an amount equal to all costs incurred in the forwarding or consignment, including the costs of packaging (if applicable).".

PART 5—EXTENSION OF OPERATION OF PRINCIPAL REGULATIONS

9Part 6.3 revoked

Part 6.3 of the Principal Regulations is revoked.

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ENDNOTES

[1] Reg. 4: S.R. No. 155/2021.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.