Offshore Petroleum and Greenhouse Gas Storage (Cross-boundary Greenhouse Gas Titles and Other Matters) Amendment Act 2021 (Vic)
Offshore Petroleum and Greenhouse Gas Storage (Cross-boundary Greenhouse Gas Titles and Other Matters) Amendment Act 2021
No. 26 of 2021
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Principal Act
Part 2—Cross-boundary greenhouse gas titles
4Definitions
5Significant risk of a significant adverse impact—approval of key petroleum operations
6Significant risk of a significant adverse impact—grant of petroleum production licence
7Designated agreements
8Graticulation of Earth's surface and constitution of blocks
9Administration of the Commonwealth area
10New Part 1.3A inserted
11Minister must have regard to certain matters before approving key petroleum operations
12Minister must not give approval in certain circumstances
13Declared petroleum exploration permits
14Minister must have regard to certain matters before approving key petroleum operations
15Circumstances in which approval of key petroleum operations must not be given
16Declared petroleum retention leases
17New section 151A inserted
18Minister must have regard to certain matters before approving key petroleum operations
19Minister must not give approval in certain circumstances
20Declared petroleum production licences
21Offer document
22Refusal to grant petroleum production licence
23Duration of greenhouse gas assessment permit
24New sections 296A and 296B inserted
25New Division 2A of Part 3.2 inserted
26Application for renewal of greenhouse gas assessment permit
27New section 333A inserted
28Application for greenhouse gas holding lease by the holder of a petroleum retention lease
29New section 378A inserted
30New section 418A inserted
31New section 486A inserted
32Co-existence of greenhouse gas titles and petroleum titles
33Minister may share offshore information or things with other entities
34New section 718HA inserted
35Function of expert advisory committees
Part 3—Royalties
36Royalty for petroleum not payable in certain cases
Part 4—Technical and consequential amendments
Division 1—Technical amendments
37Definitions
38Relationship with other Acts
39Application for petroleum access authority
40Consultation—directions to do something outside the licence area—Part 3.4
41Consultation—directions to do something outside the licence area—Part 6.4
42References to OHS inspector substituted
43New sections 798B, 798C and 798D inserted
Division 2—Consequential amendments
44Pipelines Act 2005
Part 5—Repeal of this Act
45Repeal of this Act
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Endnotes
1 General information
Offshore Petroleum and Greenhouse Gas Storage (Cross-boundary Greenhouse Gas Titles and Other Matters) Amendment Act 2021
No. 26 of 2021
[Assented to 28 June 2021]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2010 to support the framework for cross‑boundary greenhouse gas storage in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth; and
(b)to make technical and consequential changes to the Offshore Petroleum and Greenhouse Gas Storage Act 2010 and the Pipelines Act 2005.
2Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
3Principal Act
In this Act, the Offshore Petroleum and Greenhouse Gas Storage Act 2010 is called the Principal Act.
Part 2—Cross-boundary greenhouse gas titles
4Definitions
(1)In section 6(1) of the Principal Act, in the definition of block, for "section 37" substitute "sections 37 and 498".
(2)In section 6(1) of the Principal Act, at the foot of the definition of Commonwealth defined offshore area insert—
"Notes
1 See also section 296B (permit area of a cross‑boundary greenhouse gas assessment permit is taken to be included in the Commonwealth defined offshore area).
2 See also section 333A (lease area of a cross‑boundary greenhouse gas holding lease is taken to be included in the Commonwealth defined offshore area).
3 See also section 378A (licence area of a cross‑boundary greenhouse gas injection licence is taken to be included in the Commonwealth defined offshore area).".
(3)In section 6(1) of the Principal Act insert the following definitions—
"consolidated work-bid greenhouse gas assessment permit means—
(a)a greenhouse gas assessment permit granted under Division 2A of Part 3.2; or
(b)a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of the renewal of a permit referred to in paragraph (a);
Cross-boundary Authority means the Commonwealth-Victoria Greenhouse Gas Storage Cross-boundary Authority as constituted by section 76A of the Commonwealth Act;
cross‑boundary greenhouse gas assessment permit has the same meaning as in the Commonwealth Act;
cross‑boundary greenhouse gas holding lease has the same meaning as in the Commonwealth Act;
cross‑boundary greenhouse gas injection licence has the same meaning as in the Commonwealth Act;
cross‑boundary greenhouse gas title means—
(a)a cross‑boundary greenhouse gas assessment permit; or
(b)a cross‑boundary greenhouse gas holding lease; or
(c)a cross‑boundary greenhouse gas injection licence;
original consolidated work-bid greenhouse gas assessment permit means a consolidated work-bid greenhouse gas assessment permit that was granted otherwise than by way of renewal;".
5Significant risk of a significant adverse impact—approval of key petroleum operations
(1)In section 27(1) of the Principal Act—
(a)in paragraph (b), for "substance—" substitute "substance; or";
(b)after paragraph (b) insert—
"(c)operations for the injection of a greenhouse gas substance that are being, or could be, carried on under a cross‑boundary greenhouse gas title; or
(d)operations for the storage of a greenhouse gas substance that are being, or could be, carried on under a cross‑boundary greenhouse gas title—".
(2)In section 27(5) of the Principal Act—
(a)in paragraph (b), for "substance—" substitute "substance; or";
(b)after paragraph (b) insert—
"(ba)operations for the injection of a greenhouse gas substance that are being, or could be, carried on under a cross‑boundary greenhouse gas title; or
(bb)operations for the storage of a greenhouse gas substance that are being, or could be, carried on under a cross‑boundary greenhouse gas title—".
(3)In section 27(6) of the Principal Act—
(a)in paragraph (b), for "substance—" substitute "substance; or";
(b)after paragraph (b) insert—
"(c)operations for the injection of a greenhouse gas substance that are being, or could be, carried on under a cross‑boundary greenhouse gas title; or
(d)operations for the storage of a greenhouse gas substance that are being, or could be, carried on under a cross‑boundary greenhouse gas title—".
6Significant risk of a significant adverse impact—grant of petroleum production licence
(1)In section 28(1) of the Principal Act—
(a)for "sections 167" substitute "sections 151A, 167";
(b)in paragraph (c), for "injection licence—" substitute "injection licence; or";
(c)after paragraph (c) insert—
"(d)a cross‑boundary greenhouse
gas title—".
(2)In section 28(2)(c) of the Principal Act, for "lease or licence referred to in whichever of subsection (1)(a), (b) or (c)" substitute "lease, licence or title referred to in whichever of subsection (1)(a), (b), (c) or (d)".
(3)In section 28(5) of the Principal Act—
(a)for "sections 167" substitute "sections 151A, 167";
(b)in paragraph (c), for "injection licence—" substitute "injection licence; or";
(c)after paragraph (c) insert—
"(ca)a cross‑boundary greenhouse gas
title—".
(4)In section 28(6) of the Principal Act—
(a)for "sections 167" substitute "sections 151A, 167";
(b)in paragraph (c), for "injection licence—" substitute "injection licence; or";
(c)after paragraph (c) insert—
"(d)a cross‑boundary greenhouse gas
title—".
7Designated agreements
In section 33 of the Principal Act—
(a)after paragraph (b) insert—
"(ba)section 79(3A)(d);";
(b)after paragraph (e) insert—
"(ea)section 123(3A)(d);";
(c)after paragraph (f) insert—
"(fa)section 151A(3)(c);";
(d)after paragraph (h) insert—
"(ha)section 157(3A)(d);".
8Graticulation of Earth's surface and constitution of blocks
At the foot of section 37(2) of the Principal Act insert—
"Notes
1 See section 296B (permit area of a cross‑boundary greenhouse gas assessment permit is taken to be included in the Commonwealth defined offshore area).
2 See section 333A (lease area of a cross‑boundary greenhouse gas holding lease is taken to be included in the Commonwealth defined offshore area).
3 See section 378A (licence area of a cross‑boundary greenhouse gas injection licence is taken to be included in the Commonwealth defined offshore area).".
9Administration of the Commonwealth area
For the heading to Part 1.3 of the Principal Act substitute—
"Part 1.3—Joint Authority and Designated Authority for offshore petroleum".
10New Part 1.3A inserted
After Part 1.3 of the Principal Act insert—
"Part 1.3A—Cross-boundary Authority for offshore greenhouse gas storage
60AMinister as member of Cross-boundary Authority
(1)The Minister may exercise any power which the Commonwealth Act is expressed to authorise the Minister to exercise as a member of the Cross-boundary Authority.
(2)The Minister must perform any function which the Commonwealth Act is expressed to require the Minister to perform as a member of the Cross-boundary Authority.
60BMinister as responsible State Minister
(1)The Minister may exercise any power which the Commonwealth Act is expressed to authorise the Minister to exercise as the responsible State Minister in relation to Victoria within the meaning of that Act.
(2)The Minister must perform any function which the Commonwealth Act is expressed to require the Minister to perform as the responsible State Minister in relation to Victoria within the meaning of that Act.
60CDelegations under Commonwealth Act—Cross-boundary Authority and responsible State Minister
If, in the exercise of a power which the Commonwealth Act is expressed to confer upon the Cross-boundary Authority or the responsible State Minister in relation to Victoria (within the meaning of that Act) in respect of the Commonwealth defined offshore area, the Minister delegates a power to a person who is an employee in the public service or who holds any office in the service of the State of Victoria, the person may exercise the power.
60DPublic servants performing functions under Commonwealth Act—Cross-boundary Authority and responsible State Minister
(1)An employee in the public service of Victoria must perform any function which the Minister, as a member of the Cross-boundary Authority, requires the employee to perform in relation to the Commonwealth Act.
(2)An employee in the public service of Victoria must perform any function which the Minister, as the responsible State Minister in relation to Victoria within the meaning of the Commonwealth Act, requires the employee to perform in relation to that Act.
60EMinister's consent to grant of cross‑boundary greenhouse gas holding lease
(1)This section applies if—
(a)an application has been made—
(i)under section 329A of the Commonwealth Act for a cross-boundary greenhouse gas holding lease; or
(ii)under section 335A of the Commonwealth Act for a cross-boundary greenhouse gas holding lease; or
(iii)under section 342A of the Commonwealth Act for a special cross‑boundary greenhouse gas holding lease; and
(b)section 329B, 335B or 342B of the Commonwealth Act requires the Cross-boundary Authority to give the applicant an offer document if the State consents; and
(c)part of the lease area would be in the offshore area.
(2)The Minister, for the purposes of section 329B(1)(c) or (2)(c), 335B(c) or 342B(2)(a) of the Commonwealth Act—
(a)must consider that offer document; and
(b)may consent to the giving of the offer document.
60FMinister's consent to grant of cross‑boundary greenhouse gas injection licence
(1)This section applies if—
(a)an application has been made under section 368A of the Commonwealth Act for a cross‑boundary greenhouse gas injection licence; and
(b)section 368B of the Commonwealth Act requires the Cross-boundary Authority to give the applicant an offer document if the State consents; and
(c)part of the licence area would be in the offshore area.
(2)The Minister, for the purposes of section 368B(1)(k) or (2)(k) of the Commonwealth Act—
(a)must consider that offer document; and
(b)may consent to the giving of the offer document.
60GMinister's consent to renewal of cross‑boundary greenhouse gas assessment permit or cross‑boundary greenhouse gas holding lease
(1)This section applies if—
(a)an application has been made—
(i)under section 311A of the Commonwealth Act to renew a cross‑boundary greenhouse gas assessment permit; or
(ii)under section 350A of the Commonwealth Act to renew a cross‑boundary greenhouse gas holding lease; and
(b)section 311B or 350B of the Commonwealth Act requires the Cross-boundary Authority to give the applicant an offer document if the State consents; and
(c)part of the permit area or lease area is in the offshore area.
(2)The Minister, for the purposes of section 311B(2)(d) or 350B(2)(c) of the Commonwealth Act—
(a)must consider that offer document; and
(b)may consent to the giving of the offer document.".
11Minister must have regard to certain matters before approving key petroleum operations
(1)In section 79(1) of the Principal Act—
(a)in paragraph (f)(ii), for "blocks." substitute "blocks; or";
(b)after paragraph (f) insert—
"(g)an existing cross‑boundary greenhouse gas title; or
(h)if a cross‑boundary greenhouse gas assessment permit or cross‑boundary greenhouse gas holding lease is in force over a block or blocks—
(i)a future cross‑boundary greenhouse gas holding lease over the block or any of the blocks; or
(ii)a future cross‑boundary greenhouse gas injection licence over the block or any of the blocks.".
(2)In section 79(2) of the Principal Act—
(a)in paragraph (e), for "applicant—" substitute "applicant; or";
(b)after paragraph (e) insert—
"(ea)an existing cross‑boundary greenhouse gas title held by a person other than the applicant—";
(c)in paragraph (f), for "or greenhouse gas injection licence" substitute ", greenhouse gas injection licence or cross‑boundary greenhouse gas title".
(3)After section 79(3) of the Principal Act insert—
"(3A)If—
(a)the Minister is satisfied that there is a significant risk that any of the key petroleum operations to which an application under section 78 relates will have a significant adverse impact on—
(i)operations for the injection of a greenhouse gas substance; or
(ii)operations for the storage of a greenhouse gas substance—
that could be carried on under—
(iii)a future cross‑boundary greenhouse gas holding lease over a block or blocks; or
(iv)a future cross‑boundary greenhouse gas injection licence over a block or blocks; and
(b)a cross‑boundary greenhouse gas assessment permit, cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence is in force over the block or any of the blocks; and
(c)the cross‑boundary greenhouse gas assessment permit, cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence is held by a person other than the applicant—
the Minister must have regard to—
(d)whether the registered holder of the cross‑boundary greenhouse gas assessment permit, cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the Minister is so satisfied; and
(e)if so—the terms of that agreement.".
(4)In section 79(5) of the Principal Act, for "and (3)" substitute ", (3) and (3A)".
12Minister must not give approval in certain circumstances
In section 80 of the Principal Act—
(a)after "existing greenhouse gas injection licence" insert "or an existing cross‑boundary greenhouse gas injection licence";
(b)after "the greenhouse gas injection licence" insert "or cross‑boundary greenhouse injection licence".
13Declared petroleum exploration permits
(1)In section 83(1)(b) of the Principal Act—
(a)in subparagraph (viii), for "licence—" substitute "licence; or";
(b)after subparagraph (viii) insert—
"(ix)an existing cross‑boundary greenhouse gas title; or
(x)a future cross‑boundary greenhouse gas title—".
(2)In section 83(2)(b) of the Principal Act—
(a)in subparagraph (viii), for "licence—" substitute "licence; or";
(b)after subparagraph (viii) insert—
"(ix)an existing cross‑boundary greenhouse gas title; or
(x)a future cross‑boundary greenhouse gas title—".
14Minister must have regard to certain matters before approving key petroleum operations
(1)In section 123(1) of the Principal Act—
(a)in paragraph (f)(ii), for "blocks." substitute "blocks; or";
(b)after paragraph (f) insert—
"(g)an existing cross‑boundary greenhouse gas title; or
(h)if a cross‑boundary greenhouse gas assessment permit or cross‑boundary greenhouse gas holding lease is in force over a block or blocks—
(i)a future cross‑boundary greenhouse gas holding lease over the block or any of the blocks; or
(ii)a future cross‑boundary greenhouse gas injection licence over the block or any of the blocks.".
(2)In section 123(2) of the Principal Act—
(a)in paragraph (e), for "applicant—" substitute "applicant; or";
(b)after paragraph (e) insert—
"(ea)an existing cross‑boundary greenhouse gas title held by a person other than the applicant—";
(c)in paragraph (f), for "or greenhouse gas injection licence" substitute ", greenhouse gas injection licence or cross‑boundary greenhouse gas title".
(3)After section 123(3) of the Principal Act insert—
"(3A)If—
(a)the Minister is satisfied that there is a significant risk that any of the key petroleum operations to which an application under section 122 relates will have a significant adverse impact on—
(i)operations for the injection of a greenhouse gas substance; or
(ii)operations for the storage of a greenhouse gas substance—
that could be carried on under—
(iii)a future cross‑boundary greenhouse gas holding lease over a block or blocks; or
(iv)a future cross‑boundary greenhouse gas injection licence over a block or blocks; and
(b)a cross‑boundary greenhouse gas assessment permit, cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence is in force over the block or any of the blocks; and
(c)the cross‑boundary greenhouse gas assessment permit, cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence is held by a person other than the applicant—
the Minister must have regard to—
(d)whether the registered holder of the cross‑boundary greenhouse gas assessment permit, cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the Minister is so satisfied; and
(e)if so—the terms of that agreement.".
(4)In section 123(5) of the Principal Act, for "and (3)" substitute ", (3) and (3A)".
15Circumstances in which approval of key petroleum operations must not be given
In section 124 of the Principal Act—
(a)after "existing greenhouse gas injection licence" insert "or an existing cross‑boundary greenhouse gas injection licence"; and
(b)after "the greenhouse gas injection licence" insert "or cross‑boundary greenhouse gas injection licence".
16Declared petroleum retention leases
(1)In section 127(1)(b) of the Principal Act—
(a)in subparagraph (viii), for "licence—" substitute "licence; or";
(b)after subparagraph (viii) insert—
"(ix)an existing cross‑boundary greenhouse gas title; or
(x)a future cross‑boundary greenhouse gas title—".
(2)In section 127(2)(b) of the Principal Act—
(a)in subparagraph (viii), for "licence—" substitute "licence; or";
(b)after subparagraph (viii) insert—
"(ix)an existing cross‑boundary greenhouse gas title; or
(x)a future cross‑boundary greenhouse gas title—".
17New section 151A inserted
After section 151 of the Principal Act insert—
"151A Minister must have regard to cross‑boundary titles before granting petroleum production licence
(1)This section applies if an application for the grant of a petroleum production licence has been made under this Part.
(2)In deciding whether to grant the petroleum production licence, the Minister must have regard to the impact (if any) that any of the operations that could be carried on under the licence could have on—
(a)operations for the injection of a greenhouse gas substance; or
(b)operations for the storage of a greenhouse gas substance—
that are being, or could be, carried on under a cross‑boundary greenhouse gas title.
(3)If the Minister is satisfied that there is a significant risk that any of the operations that could be carried on under the petroleum production licence will have a significant adverse impact on—
(a)operations for the injection of a greenhouse gas substance; or
(b)operations for the storage of a greenhouse gas substance—
that are being, or could be, carried on under a cross‑boundary greenhouse gas title held by a person other than the applicant, the Minister must have regard to—
(c)whether the holder of the cross‑boundary greenhouse gas title has agreed, in writing, to the applicant carrying on the operations in respect of which the Minister is so satisfied; and
(d)if so—the terms of that agreement.
(4)This section does not limit the matters to which the Minister may have regard to in deciding whether to grant a petroleum production licence under this Part.".
18Minister must have regard to certain matters before approving key petroleum operations
(1)In section 157(1) of the Principal Act—
(a)in paragraph (f)(ii), for "blocks." substitute "blocks; or";
(b)after paragraph (f) insert—
"(g)an existing cross‑boundary greenhouse gas title; or
(h)if a cross‑boundary greenhouse gas assessment permit or cross‑boundary greenhouse gas holding lease is in force over a block or blocks—
(i)a future cross‑boundary greenhouse gas holding lease over the block or any of the blocks; or
(ii)a future cross‑boundary greenhouse gas injection licence over the block or any of the blocks.".
(2)In section 157(2) of the Principal Act—
(a)in paragraph (e), for "applicant—" substitute "applicant; or";
(b)after paragraph (e) insert—
"(ea)an existing cross‑boundary greenhouse gas title held by a person other than the applicant—";
(c)in paragraph (f), for "or greenhouse gas injection licence" substitute ", greenhouse gas injection licence or cross‑boundary greenhouse gas title".
(3)After section 157(3) of the Principal Act insert—
"(3A)If—
(a)the Minister is satisfied that there is a significant risk that any of the key petroleum operations to which an application under section 156 relates will have a significant adverse impact on—
(i)operations for the injection of a greenhouse gas substance; or
(ii)operations for the storage of a greenhouse gas substance—
that could be carried on under—
(iii)a future cross‑boundary greenhouse gas holding lease over a block or blocks; or
(iv)a future cross‑boundary greenhouse gas injection licence over a block or blocks; and
(b)a cross‑boundary greenhouse gas assessment permit, cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence is in force over the block or any of the blocks; and
(c)the cross‑boundary greenhouse gas assessment permit, cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence is held by a person other than the applicant—
the Minister must have regard to—
(d)whether the registered holder of the cross‑boundary greenhouse gas assessment permit, cross‑boundary greenhouse gas holding lease or cross‑boundary greenhouse gas injection licence covered by paragraph (b) has agreed, in writing, to the applicant carrying on the key petroleum operations in respect of which the Minister is so satisfied; and
(e)if so—the terms of that agreement.".
(4)In section 157(5) of the Principal Act, for "and (3)" substitute ", (3) and (3A)".
19Minister must not give approval in certain circumstances
In section 158 of the Principal Act—
(a)after "existing greenhouse gas injection licence" insert "or an existing cross‑boundary greenhouse gas injection licence";
(b)after "the greenhouse gas injection licence" insert "or cross‑boundary greenhouse gas injection licence".
20Declared petroleum production licences
(1)In section 161(1)(b) of the Principal Act—
(a)in subparagraph (viii), for "licence—" substitute "licence; or";
(b)after subparagraph (viii) insert—
"(ix)an existing cross‑boundary greenhouse gas title; or
(x)a future cross‑boundary greenhouse gas title—".
(2)In section 161(2)(b) of the Principal Act—
(a)in subparagraph (viii), for "licence—" substitute "licence; or";
(b)after subparagraph (viii) insert—
"(ix)an existing cross‑boundary greenhouse gas title; or
(x)a future cross‑boundary greenhouse gas title—".
21Offer document
At the end of the Notes at the foot of section 167(1) of the Principal Act insert—
"5 Section 151A contains requirements for the Minister to have regard to cross-boundary greenhouse gas titles when deciding whether to grant a petroleum production licence.".
22Refusal to grant petroleum production licence
At the foot of section 168(5) of the Principal Act insert—
"Note
Section 151A contains requirements for the Minister to have regard to cross-boundary greenhouse gas titles when deciding whether to grant a petroleum production licence.".
23Duration of greenhouse gas assessment permit
(1)After item 1 of the table in section 294(1) of the Principal Act insert—
| "1A | an original consolidated work‑bid greenhouse gas assessment permit, if— (a) both of the existing work‑bid greenhouse gas assessment permits mentioned in section 305A were original greenhouse gas assessment permits; or (b) both of the existing work‑bid greenhouse gas assessment permits mentioned in section 305A were granted by way of first renewal; or (c) both of the existing work-bid greenhouse gas assessment permits mentioned in section 305A were granted by way of second renewal— and the grant of the original consolidated work-bid greenhouse gas assessment permit resulted in either or both of the following— (d) one of the existing work‑bid greenhouse gas assessment permits (the first precursor permit) mentioned in section 305A ceasing to be in force before the time when it would have expired if the original consolidated work-bid greenhouse gas assessment permit had not been granted; (e) the other existing work-bid greenhouse gas assessment permit (the second precursor permit) mentioned in section 305A ceasing to be in force before the time when it would have expired if the original consolidated work-bid greenhouse gas assessment permit had not been granted | for the period beginning on the day on which the permit is granted and ending at whichever is the later of the following times— (a) the time when the first precursor permit would have expired if it had not ceased to be in force; (b) the time when the second precursor permit would have expired if it had not ceased to be in force. |
| 1B | an original consolidated work‑bid greenhouse gas assessment permit, if— (a) one of the existing work‑bid greenhouse gas assessment permits (the first precursor permit) mentioned in section 305A was an original greenhouse gas assessment permit; and (b) the other existing work-bid greenhouse gas assessment permit mentioned in section 305A was granted by way of first renewal or second renewal; and (c) the grant of the original consolidated work-bid greenhouse gas assessment permit resulted in the first precursor permit ceasing to be in force before the time when it would have expired if the original consolidated work-bid greenhouse gas assessment permit had not been granted | for the period— (a) beginning on the day on which the permit is granted; and (b) ending at the time when the first precursor permit would have expired if it had not ceased to be in force. |
| 1C | an original consolidated work‑bid greenhouse gas assessment permit, if— (a) one of the existing work‑bid greenhouse gas assessment permits (the first precursor permit) mentioned in section 305A was granted by way of first renewal; and (b) the other existing work-bid greenhouse gas assessment permit mentioned in section 305A was granted by way of second renewal; and (c) the grant of the original consolidated work-bid greenhouse gas assessment permit resulted in the first precursor permit ceasing to be in force before the time when it would have expired if the original consolidated work-bid greenhouse gas assessment permit had not been granted | for the period— (a) beginning on the day on which the permit is granted; and (b) ending at the time when the first precursor permit would have expired if it had not ceased to be in force. |
| 1D | an original consolidated work‑bid greenhouse gas assessment permit, if item 1A, 1B or 1C does not apply | for the period (not exceeding 12 months) specified in the permit.". |
(2)At the end of the Notes at the foot of section 294 of the Principal Act insert—
"8 For a special rule about the extension of the duration of a greenhouse gas assessment permit if the permittee applies for a cross‑boundary greenhouse gas assessment permit, see section 296A.
9 For a special rule about when a greenhouse gas assessment permit ceases to be in force following the grant of a consolidated work-bid greenhouse gas assessment permit, see section 305C.".
24New sections 296A and 296B inserted
After section 296 of the Principal Act insert—
"296A Extension of duration of existing greenhouse gas assessment permit if permittee applies for a cross‑boundary greenhouse gas assessment permit
(1)If—
(a)the permittee of an existing greenhouse gas assessment permit makes an application under section 307A(2) of the Commonwealth Act for a cross‑boundary greenhouse gas assessment permit; and
(b)the existing greenhouse gas assessment permit would, apart from this subsection, expire—
(i)before the Cross-boundary Authority grants, or refuses to grant, a cross‑boundary greenhouse gas assessment permit in response to the application; or
(ii)before the application lapses as provided by section 431A of the Commonwealth Act—
the existing greenhouse gas assessment permit continues in force—
(c)until the Cross-boundary Authority grants, or refuses to grant, a cross‑boundary greenhouse gas assessment permit in response to the application; or
(d)until the application so lapses; whichever happens first.
(2)Subsection (1) has effect subject to this Chapter but despite section 294.
Note
See the notes at the end of section 294.
296BPermit area of cross‑boundary greenhouse gas assessment permit
(1)If any part of the permit area of a cross‑boundary greenhouse gas assessment permit is included in the Commonwealth defined offshore area, the whole of the permit area is taken, for all purposes of—
(a)this Chapter and regulations made for the purposes of this Chapter; and
(b)the remaining provisions of this Act and the regulations, so far as they relate to—
(i)this Chapter; or
(ii)exploring for a potential greenhouse gas storage formation; or
(iii)exploring for a potential greenhouse gas injection site; or
(iv)the injection of a greenhouse gas substance; or
(v)the storage of a greenhouse gas substance—
to be included in the Commonwealth defined offshore area.
(2)If a cross‑boundary greenhouse gas assessment permit ceases to be in force, any part of the permit area included in the offshore area is no longer taken to be included in the Commonwealth defined offshore area under subsection (1).
(3)Nothing in this section limits the grant of the following titles in relation to any part of the permit area of a cross‑boundary greenhouse gas assessment permit that but for this section would be included in the offshore area—
(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.".
25New Division 2A of Part 3.2 inserted
After section 305 of the Principal Act insert—
"Division 2A—Consolidated work-bid greenhouse gas assessment permits
305AApplication for a consolidated work-bid greenhouse gas assessment permit
(1)This section applies if—
(a)2 work-bid greenhouse gas assessment permits (the existing work-bid greenhouse gas assessment permits) are in force; and
(b)a person is the registered holder of the existing work-bid greenhouse gas assessment permits; and
(c)at least one block of the permit area of one of the existing work-bid greenhouse gas assessment permits has a side in common with at least one block of the permit area of the other existing greenhouse gas assessment permit; and
(d)the person has informed the Minister, under section 486A, that—
(i)a part of a geological formation is wholly situated in the area (the combined area) that consists of the combination of the permit areas of the existing work-bid greenhouse gas assessment permits; and
(ii)the part extends to the permit area of each existing work-bid greenhouse gas assessment permit; and
(iii)the person has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation; and
(e)there is no identified greenhouse gas storage formation that is wholly situated within the permit area of either of the existing work-bid greenhouse gas assessment permits.
(2)The person may apply to the Minister for the grant of a greenhouse gas assessment permit over all the blocks in the permit areas of the existing work-bid greenhouse gas assessment permits.
(3)An application under subsection (2) for a greenhouse gas assessment permit must be accompanied by—
(a)details of the applicant's proposals for work and expenditure in relation to the combined area; and
(b)such other information (if any) as is specified in the regulations.
Notes
1 Part 3.8 contains additional provisions about application procedures.
2 Section 459 requires the application to be accompanied by an application fee.
(4)If—
(a)the person makes an application under subsection (2) for a greenhouse gas assessment permit; and
(b)one or both of the existing work-bid greenhouse gas assessment permits would, apart from this subsection, expire before the Minister grants, or refuses to grant, a greenhouse gas assessment permit in response to the application—
that existing work-bid greenhouse gas assessment permit, or those existing work-bid greenhouse gas assessment permits, continue in force until the Minister grants, or refuses to grant, a greenhouse gas assessment permit in response to the application.
(5)Subsection (4) has effect subject to this Chapter but despite section 294.
Note
See the notes at the end of section 294.
305BGrant of consolidated work-bid greenhouse gas assessment permit
If an application for a greenhouse gas assessment permit has been made under section 305A, the Minister may—
(a)grant the greenhouse gas assessment permit; or
(b)by written notice given to the applicant, refuse to grant a greenhouse gas assessment permit to the applicant.
305CConsequences of grant of consolidated work-bid greenhouse gas assessment permit
(1)This section applies if a greenhouse gas assessment permit (the new greenhouse gas assessment permit) is granted under section 305B over all the blocks in the permit areas of the existing work-bid greenhouse gas assessment permits mentioned in section 305A.
(2)The existing work-bid greenhouse gas assessment permits cease to be in force when the new greenhouse gas assessment permit comes into force.".
26Application for renewal of greenhouse gas assessment permit
(1)After section 311(1) of the Principal Act insert—
"(1A)Despite subsection (1), an application to renew a consolidated work-bid greenhouse gas assessment permit must not be made if each of the existing work-bid greenhouse gas assessment permits mentioned in section 305A was granted by way of second renewal.".
(2)In section 311(2) of the Principal Act, for "once" substitute "twice".
(3)After section 311(2) of the Principal Act insert—
"(2A)However, a consolidated work-bid greenhouse gas assessment permit cannot be renewed more than once if—
(a)each of the existing work-bid greenhouse gas assessment permits mentioned in section 305A was granted by way of first renewal; or
(b)both—
(i)one of the existing work-bid greenhouse gas assessment permits mentioned in section 305A was granted by way of first renewal; and
(ii)the other existing work-bid greenhouse gas assessment permit mentioned in section 305A was granted by way of second renewal.".
27New section 333A inserted
After section 333 of the Principal Act insert—
"333A Lease area of cross‑boundary greenhouse gas holding lease
(1)If any part of the lease area of a cross‑boundary greenhouse gas holding lease is included in the Commonwealth defined offshore area, the whole of the lease area is taken, for all purposes of—
(a)this Chapter and regulations made for the purposes of this Chapter; and
(b)the remaining provisions of this Act and the regulations, so far as they relate to—
(i)this Chapter; or
(ii)exploring for a potential greenhouse gas storage formation; or
(iii)exploring for a potential greenhouse gas injection site; or
(iv)the injection of a greenhouse gas substance; or
(v)the storage of a greenhouse gas substance—
to be included in the Commonwealth defined offshore area.
(2)If a cross‑boundary greenhouse gas holding lease ceases to be in force, any part of the lease area included in the offshore area is no longer taken to be included in the Commonwealth defined offshore area under subsection (1).
(3)Nothing in this section limits the grant of the following titles in relation to any part of the lease area of a cross‑boundary greenhouse gas holding lease that but for this section would be included in the offshore area—
(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.".
28Application for greenhouse gas holding lease by the holder of a petroleum retention lease
For section 357(1) of the Principal Act substitute—
"(1)This section applies if—
(a)a petroleum retention lease is in force; and
(b)one or more identified greenhouse gas storage formations are wholly situated in the lease area.
(1A)If —
(a)a single identified greenhouse gas storage formation extends to—
(i)only one block in the lease area; or
(ii)2 or more blocks in the lease area; and
(b)none of the following is in force over the block or blocks to which the identified greenhouse gas storage formation extends—
(i)a greenhouse gas injection licence;
(ii)a greenhouse gas holding lease;
(iii)a greenhouse gas assessment permit—
the petroleum retention lessee may apply to the Minister for the grant of a greenhouse gas holding lease over the block or blocks to which the identified greenhouse gas storage formation extends.
(1B)If—
(a)2 or more identified greenhouse gas storage formations, when considered together, extend to only one block in the lease area; and
(b)a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and
(c)none of the following is in force over the block to which the identified greenhouse gas storage formations, when considered together, extend—
(i)a greenhouse gas injection licence;
(ii)a greenhouse gas holding lease;
(iii)a greenhouse gas assessment permit—
the petroleum retention lessee may apply to the Minister for the grant of a greenhouse gas holding lease over the block to which the identified greenhouse gas storage formations, when considered together, extend.
(1C)If—
(a)2 or more identified greenhouse gas storage formations, when considered together, extend to—
(i)only one block in the lease area; or
(ii)2 or more blocks in the lease area; and
(b)a vertical line would pass through a point in each of those identified greenhouse gas storage formations; and
(c)none of the following is in force over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend—
(i)a greenhouse gas injection licence;
(ii)a greenhouse gas holding lease;
(iii)a greenhouse gas assessment permit—
the petroleum retention lessee may apply to the Minister for the grant of a greenhouse gas holding lease over the block or blocks to which the identified greenhouse gas storage formations, when considered together, extend.
(1D)If—
(a)2 or more identified greenhouse gas storage formations, when considered together, extend to 2 or more blocks in the lease area; and
(b)a vertical line would not pass through a point in each of those identified greenhouse gas storage formations; and
(c)for each identified greenhouse gas storage formation, at least one of the blocks to which the identified greenhouse gas storage formation extends immediately adjoins a block to which the other, or another, of those identified greenhouse gas storage formations extends; and
(d)none of the following is in force over the blocks to which the identified greenhouse gas storage formations, when considered together, extend—
(i)a greenhouse gas injection licence;
(ii)a greenhouse gas holding lease;
(iii)a greenhouse gas assessment permit—
the petroleum retention lessee may apply to the Minister for the grant of a greenhouse gas holding lease over the blocks to which the identified greenhouse gas storage formations, when considered together, extend.
(1E)For the purposes of subsection (1D), a block immediately adjoins another block if the graticular section that constitutes or includes that block and the graticular section that constitutes or includes that other block—
(a)have a side in common; or
(b)are joined together at one point only.".
29New section 378A inserted
After section 378 of the Principal Act insert—
"378A Licence area of cross‑boundary greenhouse gas injection licence
(1)If any part of the licence area of a cross‑boundary greenhouse gas injection licence is included in the Commonwealth defined offshore area, the whole of the licence area is taken, for all purposes of—
(a)this Chapter and regulations made for the purposes of this Chapter; and
(b)the remaining provisions of this Act and the regulations, so far as they relate to—
(i)this Chapter; or
(ii)exploring for a potential greenhouse gas storage formation; or
(iii)exploring for a potential greenhouse gas injection site; or
(iv)the injection of a greenhouse gas substance; or
(v)the storage of a greenhouse gas substance—
to be included in the Commonwealth defined offshore area.
(2)Subject to subsection (3), if a cross‑boundary greenhouse gas injection licence ceases to be in force, any part of the licence area included in the offshore area is no longer taken to be included in the Commonwealth defined offshore area under subsection (1).
(3)Despite subsection (2), if a cross‑boundary greenhouse gas injection licence ceases to be in force, any identified greenhouse gas storage formation specified in the licence is taken to be included in the Commonwealth defined offshore area for the purposes of Divisions 7 and 8 of Part 3.4 of the Commonwealth Act.
(4)Nothing in this section limits the grant of the following titles in relation to any part of the licence area of a cross‑boundary greenhouse gas injection licence that but for this section would be included in the offshore area—
(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.".
30New section 418A inserted
After section 418 of the Principal Act insert—
"418A Applications in relation to cross‑boundary greenhouse gas injection licences prohibited
An application under section 414, 415, 416 or 418 may not be made for a site closing certificate in relation to an identified greenhouse gas storage formation that is, or has been, specified in a cross‑boundary greenhouse gas injection licence.".
31New section 486A inserted
After section 486 of the Principal Act insert—
"486A Notification of eligible greenhouse gas storage formation—consolidation of work-bid greenhouse gas assessment permit
(1)This section applies if—
(a)2 work-bid greenhouse gas assessment permits (the existing work-bid greenhouse gas assessment permits) are in force; and
(b)a person is the registered holder of both existing work-bid greenhouse gas assessment permits; and
(c)at least one block of the permit area of one of the existing work-bid greenhouse gas assessment permits has a side in common with at least one block of the permit area of the other existing work-bid greenhouse gas assessment permit; and
(d)a part of a geological formation is wholly situated in the area that consists of the combination of the permit area of each of the work-bid greenhouse gas assessment permits; and
(e)the part extends to the permit area of each of the work-bid greenhouse gas assessment permits; and
(f)the person has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation.
(2)The person may, by written notice, inform the Minister about the matter.
(3)A notice under subsection (2) is not required to set out the fundamental suitability determinants of that part.
(4)Subsection (3) has effect subject to subsections (5) and (6).
(5)A notice under subsection (2) must be accompanied by a written statement that the person has reasonable grounds to suspect that the part is suitable for the permanent storage of a specified amount of a specified greenhouse gas substance.
(6)If the person has reasonable grounds to suspect that the part could be an eligible greenhouse gas storage formation because of section 23(1)(b), a notice under subsection (2) of this section must be accompanied by a written statement describing the engineering enhancements referred to in that section.".
32Co-existence of greenhouse gas titles and petroleum titles
At the foot of section 494(2) of the Principal Act insert—
"Notes
1 See section 296B(3) for the grant of petroleum titles in relation to the permit area of a cross-boundary greenhouse gas assessment permit.
2 See section 333A(3) for the grant of petroleum titles in relation to the lease area of a cross-boundary greenhouse gas holding lease.
3 See section 378A(4) for the grant of petroleum titles in relation to the licence area of a cross-boundary greenhouse gas injection licence.".
33Minister may share offshore information or things with other entities
After section 718H(2)(b) of the Principal Act insert—
"(ba)each member of the Cross-boundary Authority;
(bb)each member of a Cross-boundary Authority for an offshore area of another State or the Cross-boundary Authority for the Principal Northern Territory offshore area as constituted by section 76A of the Commonwealth Act;
(bc)the responsible Commonwealth Minister;
(bd)NOPSEMA;".
34New section 718HA inserted
After section 718H of the Principal Act insert—
"718HA Minister to make information available to Commonwealth Minister
If the Minister is given a notice under section 733B(2) of the Commonwealth Act requiring the Minister to give information or a document to the Commonwealth Minister, the Minister must provide that information or document within the period specified in the notice.".
35Function of expert advisory committees
After section 768(2)(a)(ii) of the Principal Act insert—
"(iii)operations for the injection of a greenhouse gas substance that are being, or could be, carried on under a cross‑boundary greenhouse gas title; or
(iv)operations for the storage of a greenhouse gas substance that are being, or could be, carried on under a cross‑boundary greenhouse gas title; or".
Part 3—Royalties
36Royalty for petroleum not payable in certain cases
In section 692(1) of the Principal Act—
(a)in paragraph (c), for "of petroleum." substitute "of petroleum; or";
(b)after paragraph (c) insert—
"(d)is not payable in respect of petroleum that was extracted or recovered outside the offshore area and injected into a reservoir in the offshore area; or
(e)is not payable in respect of petroleum that the Minister identifies as petroleum in respect of which royalty has already been paid.".
Part 4—Technical and consequential amendments
Division 1—Technical amendments
37Definitions
(1)In section 6(1) of the Principal Act insert the following definition—
"NOPSEMA inspector has the same meaning as in the Commonwealth Act;".
(2)In section 6(1) of the Principal Act, the definition of OHS inspector is repealed.
(3)In section 6(1) of the Principal Act, for the definition of boundary-change petroleum exploration permit substitute—
"boundary-change petroleum exploration permit means—
(a)a petroleum exploration permit granted under Division 4A of Part 2.2; or
(b)a petroleum exploration permit granted under Division 5 of Part 2.2 by way of renewal of a permit referred to in paragraph (a);".
(4)In section 6(1) of the Principal Act, for the definition of cash-bid greenhouse gas assessment permit substitute—
"cash-bid greenhouse gas assessment permit means—
(a)a greenhouse gas assessment permit granted under Division 3 of Part 3.2; or
(b)a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of renewal of a permit referred to in paragraph (a);".
(5)In section 6(1) of the Principal Act, for the definition of work-bid greenhouse gas assessment permit substitute—
"work-bid greenhouse gas assessment permit means—
(a)a greenhouse gas assessment permit granted under Division 2 of Part 3.2; or
(b)a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of renewal of a permit referred to in paragraph (a);".
38Relationship with other Acts
In section 64(3) of the Principal Act—
(a)in paragraph (d), for "Act 1975." substitute "Act 1975;";
(b)after paragraph (d) insert—
"(e)the Environment Effects Act 1978.".
39Application for petroleum access authority
After item 3 of the table in section 240(1) of the Principal Act insert—
| "4 | an applicant for a petroleum special prospecting authority relating to a particular offshore area | the Minister | carry on petroleum exploration operations in an area that is— (a) part of that offshore area but outside the authority area of the proposed petroleum special prospecting authority; or (b) part of an adjoining offshore area.". |
40Consultation—directions to do something outside the licence area—Part 3.4
(1)In the heading to section 403 of the Principal Act omit "to do something outside the licence area".
(2)In section 403(1)(b) of the Principal Act omit "in the offshore area but outside the licence area".
41Consultation—directions to do something outside the licence area—Part 6.4
(1)In the heading to section 642 of the Principal Act omit "to do something outside the licence area".
(2)In section 642(1)(b) of the Principal Act omit "in the offshore area but outside the licence area".
42References to OHS inspector substituted
(1)In section 702(7) of the Principal Act, for "OHS inspectors" substitute "NOPSEMA inspectors".
(2)In section 718(1)(c) of the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(3)In section 718D(3) of the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(4)In the example at the foot of section 718D(3) of the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(5)In clause 2(7) of Schedule 3 to the Principal Act, for "An OHS inspector" substitute "A NOPSEMA inspector".
(6)In clause 33(b)(ii) of Schedule 3 to the Principal Act, for "OHS inspectors" substitute "NOPSEMA inspectors".
(7)In clause 40(1)(a)(iii) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(8)In clause 40(1)(a)(iv) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(9)In clause 40(1)(c)(i) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(10)In clause 41(4)(a) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(11)In clause 45(1) and (2) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(12)In clause 45(3) of Schedule 3 to the Principal Act, for "OHS inspector" (where twice occurring) substitute "NOPSEMA inspector".
(13)In clause 45(4) of Schedule 3 to the Principal Act, for "OHS inspector" substitute "NOPSEMA inspector".
(14)In clause 45(6)(a) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(15)In clause 45(8) of Schedule 3 to the Principal Act, for "OHS inspector" (where twice occurring) substitute "NOPSEMA inspector".
(16)In clause 46(1)(b)(i) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(17)In clause 50(4) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(18)In clause 50(5) of Schedule 3 to the Principal Act, for "OHS inspector" (where twice occurring) substitute "NOPSEMA inspector".
(19)In clause 50(6) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(20)In clause 51(1)(b)(ii) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(21)In clause 53(2), (3), (4) and (5) of Schedule 3 to the Principal Act, for "An OHS inspector" substitute "A NOPSEMA inspector".
(22)In the heading to clause 54 of Schedule 3 to the Principal Act, for "OHS inspectors" substitute "NOPSEMA inspectors".
(23)In clause 54(1) of Schedule 3 to the Principal Act, for "An OHS inspector" substitute "A NOPSEMA inspector".
(24)In clause 54(2) of Schedule 3 to the Principal Act, for "OHS inspectors" (where twice occurring) substitute "NOPSEMA inspectors".
(25)In clause 54(3) of Schedule 3 to the Principal Act, for "OHS inspector" (where twice occurring) substitute "NOPSEMA inspector".
(26)In clause 55(1) of Schedule 3 to the Principal Act, for "An OHS inspector" substitute "A NOPSEMA inspector".
(27)In clause 55(2) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(28)In the heading to Division 3 of Part 4 of Schedule 3 to the Principal Act, for "OHS inspectors" substitute "NOPSEMA inspectors".
(29)In clause 56(1) of Schedule 3 to the Principal Act—
(a)for "An OHS inspector" substitute "A NOPSEMA inspector";
(b)in paragraph (a)(iv), for "the OHS inspector" substitute "the NOPSEMA inspector".
(30)In clause 56(2) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)in paragraph (c), for "the OHS inspector's" substitute "the NOPSEMA inspector's";
(c)in paragraph (e), for "the OHS inspector" substitute "the NOPSEMA inspector".
(31)In clause 56(3) of Schedule 3 to the Principal Act, for "OHS inspector" substitute "NOPSEMA inspector".
(32)In clause 57(1) of Schedule 3 to the Principal Act—
(a)for "An OHS inspector" substitute "A NOPSEMA inspector";
(b)in paragraph (a), for "the OHS inspector" substitute "the NOPSEMA inspector".
(33)In clause 57(2) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)in paragraph (a), for "the OHS inspector's" substitute "the NOPSEMA inspector's";
(c)in paragraph (c) for "the OHS inspector" substitute "the NOPSEMA inspector".
(34)In clause 58(1) of Schedule 3 to the Principal Act—
(a)for "An OHS inspector" substitute "A NOPSEMA inspector";
(b)in paragraph (a), for "the OHS inspector" substitute "the NOPSEMA inspector".
(35)In clause 58(2) of Schedule 3 to the Principal Act, for "An OHS inspector" substitute "A NOPSEMA inspector".
(36)In clause 58(3) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)in paragraph (b), for "the OHS inspector's" substitute "the NOPSEMA inspector's";
(c)in paragraph (c)(ii), for "the OHS inspector" substitute "the NOPSEMA inspector".
(37)In clause 58(4) of Schedule 3 to the Principal Act—
(a)in paragraph (a), for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(38)In clause 58(5) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(39)In clause 59(1) of Schedule 3 to the Principal Act—
(a)for "An OHS inspector" substitute "A NOPSEMA inspector"; and
(b)for "the OHS inspector" (where twice occurring) substitute "the NOPSEMA inspector".
(40)In clause 59(2) and (4) of Schedule 3 to the Principal Act, for "OHS inspector" substitute "NOPSEMA inspector".
(41)In the heading to clause 60 of Schedule 3 to the Principal Act, for "OHS inspector" substitute "NOPSEMA inspector".
(42)In clause 60(1) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(43)In the heading to clause 62 of Schedule 3 to the Principal Act, for "OHS inspector" substitute "NOPSEMA inspector".
(44)In clause 62(1) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(45)In clause 62(2) of Schedule 3 to the Principal Act, for "OHS inspector" (wherever occurring) substitute "NOPSEMA inspector".
(46)In clause 62(3) and (4) of Schedule 3 to the Principal Act, for "An OHS inspector" substitute "A NOPSEMA inspector".
(47)In clause 62(5) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)in paragraph (b), for "the OHS inspector's" substitute "the NOPSEMA inspector's";
(c)in paragraph (c)(ii) for "the OHS inspector" substitute "the NOPSEMA inspector".
(48)In clause 62(6) of Schedule 3 to the Principal Act—
(a)in paragraph (a), for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(49)In clause 62(7) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(50)In clause 62(9) of Schedule 3 to the Principal Act—
(a)in paragraph (a), for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" (wherever occurring) substitute "the NOPSEMA inspector".
(51)In the heading to clause 63 of Schedule 3 to the Principal Act, for "OHS inspector" substitute "NOPSEMA inspector".
(52)In clause 63(1) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(53)In clause 63(2) of Schedule 3 to the Principal Act, for "OHS inspector" (wherever occurring) substitute "NOPSEMA inspector".
(54)In clause 63(3) and (4) of Schedule 3 to the Principal Act, for "An OHS inspector" substitute "A NOPSEMA inspector".
(55)In clause 63(5) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)in paragraph (b), for "the OHS inspector's" substitute "the NOPSEMA inspector's";
(c)in paragraph (c)(ii), for "the OHS inspector" substitute "the NOPSEMA inspector".
(56)In clause 63(6) of Schedule 3 to the Principal Act—
(a)in paragraph (a), for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(57)In clause 63(7) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(58)In clause 63(9) of Schedule 3 to the Principal Act—
(a)in paragraph (a), for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" (wherever occurring) substitute "the NOPSEMA inspector".
(59)In clause 64(1) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(60)In clause 64(2) of Schedule 3 to the Principal Act, for "OHS inspector" (where twice occurring) substitute "NOPSEMA inspector".
(61)In the note at the foot of clause 64(2) of Schedule 3 to the Principal Act, for "An OHS inspector" substitute "A NOPSEMA inspector".
(62)In clause 64(3), (4) and (5) of Schedule 3 to the Principal Act, for "OHS inspector" (wherever occurring) substitute "NOPSEMA inspector".
(63)In clause 64(6) of Schedule 3 to the Principal Act—
(a)for "OHS inspector" substitute "NOPSEMA inspector";
(b)for "OHS inspector's" substitute "NOPSEMA inspector's".
(64)In clause 64(8) of Schedule 3 to the Principal Act, for "OHS inspector" (where twice occurring) substitute "NOPSEMA inspector".
(65)In clause 64(9) of Schedule 3 to the Principal Act—
(a)for "OHS inspector" substitute "NOPSEMA inspector";
(b)for "OHS inspector's" substitute "NOPSEMA inspector's".
(66)In clause 65(1) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(67)In clause 65(2) of Schedule 3 to the Principal Act—
(a)in paragraph (a), for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" (where twice occurring) substitute "the NOPSEMA inspector".
(68)In clause 65(3) of Schedule 3 to the Principal Act, for "OHS inspector" substitute "NOPSEMA inspector".
(69)In clause 66(1) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(70)In clause 66(2) of Schedule 3 to the Principal Act, for "OHS inspector" (where twice occurring) substitute "NOPSEMA inspector".
(71)In clause 68(1) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(72)In clause 70(1) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(73)In clause 71(1) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(74)In clause 72(1) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" (where twice occurring) substitute "the NOPSEMA inspector".
(75)In clause 72(2) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(76)In clause 72(3) of Schedule 3 to the Principal Act, for "OHS inspector" (where twice occurring) substitute "NOPSEMA inspector".
(77)In clause 73(1) of Schedule 3 to the Principal Act—
(a)in paragraph (a) for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" (wherever occurring) substitute "the NOPSEMA inspector".
(78)In clause 73(2) of Schedule 3 to the Principal Act—
(a)in paragraph (a), for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(79)In clause 73(3) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(80)In clause 73(4) of Schedule 3 to the Principal Act—
(a)in paragraph (a), for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" (wherever occurring) substitute "the NOPSEMA inspector".
(81)In clause 75(1)(a) of Schedule 3 to the Principal Act, for "OHS inspector" substitute "NOPSEMA inspector".
(82)In clause 76(2) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)in paragraph (a), for "the OHS inspector" substitute "the NOPSEMA inspector".
(83)In clause 76(3), (5) and (6) of Schedule 3 to the Principal Act, for "OHS inspector" (wherever occurring) substitute "NOPSEMA inspector".
(84)In clause 76(8) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(85)In clause 79(1) of Schedule 3 to the Principal Act—
(a)for "An OHS inspector" substitute "A NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector";
(c)in paragraph (f), for "OHS inspector's" substitute "NOPSEMA inspector's".
(86)In clause 79(2) of Schedule 3 to the Principal Act, for "OHS inspector" (wherever occurring) substitute "NOPSEMA inspector".
(87)In clause 80(1) of Schedule 3 to the Principal Act—
(a)in paragraph (a), for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" (where twice occurring) substitute "the NOPSEMA inspector".
(88)In clause 80(4) of Schedule 3 to the Principal Act—
(a)in paragraph (a), for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(89)In clause 82(1) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(90)In clause 82(2), (3), (4) and (5) of Schedule 3 to the Principal Act, for "OHS inspector" (wherever occurring) substitute "NOPSEMA inspector".
(91)In clause 83(1) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(92)In clause 83(2) of Schedule 3 to the Principal Act, for "OHS inspector" substitute "NOPSEMA inspector".
(93)In clause 83(4) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(94)In clause 83(5) of Schedule 3 to the Principal Act, for "OHS inspector" substitute "NOPSEMA inspector".
(95)In clause 84(1) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(96)In clause 85(1)(a) of Schedule 3 to the Principal Act, for "OHS inspector's" substitute "NOPSEMA inspector's".
(97)In clause 85(3) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(98)In clause 86(1) of Schedule 3 to the Principal Act, for "OHS inspector" substitute "NOPSEMA inspector".
(99)In clause 88(1) and (2) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" (where twice occurring) substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" (where twice occurring) substitute "the NOPSEMA inspector".
(100)In clause 88(3) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" (where twice occurring) substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(101)In clause 89(1) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(102)In clause 90(1) and (4) of Schedule 3 to the Principal Act, for "OHS inspector" (wherever occurring) substitute "NOPSEMA inspector".
(103)In clause 91(3) of Schedule 3 to the Principal Act, for "OHS inspector" substitute "NOPSEMA inspector".
(104)In clause 94(1) of Schedule 3 to the Principal Act—
(a)for "an OHS inspector" substitute "a NOPSEMA inspector";
(b)for "the OHS inspector" substitute "the NOPSEMA inspector".
(105)In clause 94(2) of Schedule 3 to the Principal Act—
(a)in paragraph (a), for "the OHS inspector's" substitute "the NOPSEMA inspector's";
(b)in paragraph (b), for "the OHS inspector" substitute "the NOPSEMA inspector".
(106)In the heading to clause 95 of Schedule 3 to the Principal Act, for "OHS inspectors" substitute "NOPSEMA inspectors".
(107)In clause 95(1), (2) and (5) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(108)In clause 95(8) of Schedule 3 to the Principal Act, for "OHS inspector" substitute "NOPSEMA inspector".
(109)In clause 102(1)(g)(ii) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
(110)In clause 103(1) of Schedule 3 to the Principal Act, for "an OHS inspector" substitute "a NOPSEMA inspector".
43New sections 798B, 798C and 798D inserted
After section 798A of the Principal Act insert—
"798B Transitional provisions—section 403
(1)The amendments to section 403 made by Part 4 of the Offshore Petroleum and Greenhouse Gas Storage (Cross-boundary Greenhouse Gas Titles and Other Matters) Amendment Act 2021, so far as they concern the requirements set out in section 403(2), (3) and (4), apply in relation to a direction proposed to be given after the commencement of that Act, unless a notice relating to the proposed direction was given under subsection 403(2) before that commencement.
(2)The amendments to section 403 made by Part 4 of the Offshore Petroleum and Greenhouse Gas Storage (Cross-boundary Greenhouse Gas Titles and Other Matters) Amendment Act 2021, so far as they concern the requirement set out in section 403(5), apply in relation to a direction given after the commencement of that Act.
798CTransitional provisions—section 642
(1)The amendments to section 642 made by Part 4 of the Offshore Petroleum and Greenhouse Gas Storage (Cross-boundary Greenhouse Gas Titles and Other Matters) Amendment Act 2021, so far as they concern the requirements set out in section 642(2), (3) and (4), apply in relation to a direction proposed to be given after the commencement of that Act, unless a notice relating to the proposed direction was given under subsection 642(2) before that commencement.
(2)The amendments to section 642 made by Part 4 of the Offshore Petroleum and Greenhouse Gas Storage (Cross-boundary Greenhouse Gas Titles and Other Matters) Amendment Act 2021, so far as they concern the requirement set out in section 642(5), apply in relation to a direction given after the commencement of that Act.
798DValidation—NOPSEMA inspectors
(1)This section applies to a thing purportedly done by, or in relation to, a NOPSEMA inspector under, or for the purposes of, a provision of Schedule 3 before the commencement of Part 4 of the Offshore Petroleum and Greenhouse Gas Storage (Cross-boundary Greenhouse Gas Titles and Other Matters) Amendment Act 2021, to the extent that the thing purportedly done would, apart from this section, be invalid because the provision referred to an OHS inspector.
(2)The thing purportedly done is as valid and effective, and is taken to always have been as valid and effective, as it would have been if the amendments to Schedule 3 made by Part 4 of the Offshore Petroleum and Greenhouse Gas Storage (Cross-boundary Greenhouse Gas Titles and Other Matters) Amendment Act 2021 had been in force when the thing was done.".
Division 2—Consequential amendments
44Pipelines Act 2005
After section 52(2) of the Pipelines Act 2005 insert—
"(3)Despite anything to the contrary in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth, a licence may permit the construction of a pipeline in the cross‑boundary offshore area if that construction is part of a single directional drilling operation commencing on land in Victoria that is outside the offshore area within the meaning of that Act.
(4)Despite anything to the contrary in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth, a licence is not required under that Act for the construction in the cross‑boundary offshore area of any part of a pipeline that is permitted to be constructed under a licence under this Act.
(5)In this section—
cross‑boundary offshore area means any part of the Commonwealth defined offshore area that but for section 296B, 333A or 378A would be included in the offshore area.".
Part 5—Repeal of this Act
45Repeal of this Act
This Act is repealed on the first anniversary of its commencement.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 17 March 2021
Legislative Council: 10 June 2021
The long title for the Bill for this Act was "A Bill for an Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2010 to provide for cross‑boundary greenhouse gas storage, to amend the Pipelines Act 2005 and for other purposes."
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