Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Greenhouse Gas Storage) Regulations 2020 (Cth)

Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Greenhouse Gas Storage) Regulations 2020

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 02 April 2020

David Hurley

Governor‑General

By His Excellency’s Command

Keith Pitt

Minister for Resources, Water and Northern Australia

Contents

1Name

This instrument is the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Greenhouse Gas Storage) Regulations 2020.

2Commencement

1. (1)

   Each provision of this instrument 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
Provisions	Commencement	Date/Details
1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table	The day after this instrument is registered.	4 April 2020
2. Schedule 1, Part 1	The day after this instrument is registered.	4 April 2020
3. Schedule 1, Part 2	At the same time as Part 2 of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Act 2019 commences.	28 April 2020
4. Schedule 1, Part 3	At the same time as Division 1 of Part 1 of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019 commences.	28 April 2020
5. Schedule 1, Part 4	At the same time as Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Act 2019 commences.	28 April 2020
6. Schedule 1, Part 5	At the same time as Schedule 6 to the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Act 2019 commences.	28 April 2020
7. Schedule 2, Part 1	At the same time as Division 1 of Part 1 of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019 commences.	28 April 2020
8. Schedule 2, Part 2	At the same time as Schedule 18 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019 commences.	28 April 2020
9. Schedule 3	At the same time as Division 1 of Part 1 of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act 2019 commences.	28 April 2020

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the following:

1. (a)

   the Offshore Petroleum and Greenhouse Gas Storage Act 2006;

2. (b)

   the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003.

4Schedules

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

Schedule 1LeviesPart 1Amendments commencing day after registration

Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2004

1

Regulation 3 (definition of OHS inspector)

Repeal the definition.

2

Subparagraphs 4(2)(a)(ii) and (b)(ii)

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

3

Paragraph 7(3)(a)

Omit “OHS inspectors”, substitute “NOPSEMA inspectors”.

4

Subregulation 9(3) (note)

Omit “an OHS inspector”, substitute “a NOPSEMA inspector”.

5

Paragraph 14(3)(a)

Omit “OHS inspectors”, substitute “NOPSEMA inspectors”.

6

Subregulation 16(3) (note)

Omit “an OHS inspector”, substitute “a NOPSEMA inspector”.

7

Paragraph 59(2)(a)

After “Regulations”, insert “or to regulation 5.06 of the old Resource Management and Administration Regulations”.

Part 2Amendments relating to Part 2 of Schedule 1 to Levies Amendment Act

Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2004

1. 8

   Regulation 54 (definition of old Resource Management and Administration Regulations)

Repeal the definition.

9

Regulation 55

After “an application”, insert “or submission”.

1. 10

   Regulation 55 (table, heading to column headed “Application”)

Repeal the heading, substitute:

Application or submission

11

Regulation 55 (table item 2)

Repeal the item, substitute:

2 Submission of a proposed revision of a well operations management plan $38,500

12

Regulation 55 (note)

Repeal the note.

13

Subregulation 56(2)

Omit “submits an application to NOPSEMA”.

14

Paragraph 56(2)(a)

Before “under”, insert “submits an application to NOPSEMA”.

15

Paragraph 56(2)(b)

Repeal the paragraph, substitute:

1. (b)

   submits to NOPSEMA, under regulation 5.13 of the Resource Management and Administration Regulations, a proposed revision of a well operations management plan.

16

Regulation 58

After “an application”, insert “or submission”.

1. 17

   Regulation 58 (table, heading to column headed “Application”)

Repeal the heading, substitute:

Application or submission

18

Regulation 58 (at the end of the table)

Add:

3 Submission of a proposed revision of a well operations management plan $38,500

19

After paragraph 59(2)(a)

Insert:

1. (aa)

   submits to NOPSEMA, under a regulation of a State or Territory that substantially corresponds to regulation 5.13 of the Resource Management and Administration Regulations, a proposed revision of a well operations management plan; or

Part 3Amendments relating to Division 1 of Part 1 of Schedule 1 to Miscellaneous Amendments Act

Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2004

20

Regulation 36

Insert:

eligible title has the meaning given by section 9 of the Regulatory Levies Act.

21

Regulation 36 (definition of petroleum title)

Repeal the definition.

1. 22

   Regulation 36 (definition of registered holder)

Omit “a petroleum title”, substitute “an eligible title”.

23

Before regulation 37

Insert:

Subdivision A—Levy on compliance investigations concerning contravention of clause 13A of Schedule 3 to OPGGS Act

36AScope of this Subdivision

This Subdivision applies to a compliance investigation concerning a contravention or possible contravention of subclause 13A(1) or (2) of Schedule 3 to the OPGGS Act.

Note: Those subclauses impose duties on registered holders of petroleum titles relating to wells used or to be used for operations authorised by the titles.

24

Subregulation 37(1)

Omit “a petroleum title”, substitute “an eligible title”.

25

Subregulation 38(1) (note)

Omit “a petroleum title”, substitute “an eligible title”.

26

Paragraph 38(2)(b)

Omit “a petroleum title”, substitute “an eligible title”.

27

Subregulation 38(3)

Omit “a petroleum title”, substitute “an eligible title”.

28

Subregulation 38(3)

Omit “the petroleum title”, substitute “the eligible title”.

29

Subregulation 39(1)

Omit “a petroleum title”, substitute “an eligible title”.

30

At the end of Division 2 of Part 6

Add:

Subdivision B—Levy on compliance investigations concerning contravention of clause 13B of Schedule 3 to OPGGS Act

39AZero levy on compliance investigations concerning contravention of clause 13B of Schedule 3 to OPGGS Act

For the purposes of subsection 9(4) of the Regulatory Levies Act, the amount of well investigation levy imposed on a compliance investigation concerning a contravention or possible contravention of subclause 13B(1) or (2) of Schedule 3 to the OPGGS Act is zero.

Note: Those subclauses impose duties on registered holders of greenhouse gas titles relating to wells used or to be used for operations authorised by the titles.

31

Before regulation 40

Insert:

39BScope of this Division

This Division applies in relation to:

1. (a)

   a compliance investigation concerning a contravention or possible contravention of subclause 13A(1) or (2) of Schedule 3 to the OPGGS Act; and

2. (b)

   well investigation levy imposed on such an investigation.

Note: Those subclauses impose duties on registered holders of petroleum titles relating to wells used or to be used for operations authorised by the titles.

32

Subregulation 40(3)

Omit “a petroleum title”, substitute “an eligible title”.

33

Paragraph 41(4)(a)

Omit “a petroleum title”, substitute “an eligible title”.

1. 34

   Regulation 42 (definition of registered holder)

Omit “State/Territory petroleum title”, substitute “State/Territory title”.

1. 35

   Regulation 42 (definition of State/Territory petroleum title)

Repeal the definition.

36

Regulation 42

Insert:

State/Territory title has the meaning given by section 10 of the Regulatory Levies Act.

37

Before regulation 43

Insert:

Subdivision A—Levy on inspections concerning contravention of provision corresponding to clause 13A of Schedule 3 to OPGGS Act

42AScope of this Subdivision

This Subdivision applies to an inspection concerning a contravention or possible contravention of a provision of a State PSLA or Territory PSLA that substantially corresponds to subclause 13A(1) or (2) of Schedule 3 to the OPGGS Act.

Note: Those subclauses impose duties on registered holders of petroleum titles relating to wells used or to be used for operations authorised by the titles.

38

Subregulation 43(1)

Omit “State/Territory petroleum title”, substitute “State/Territory title”.

39

Subregulation 44(1) (note)

Omit “State/Territory petroleum title”, substitute “State/Territory title”.

40

Paragraph 44(2)(b)

Omit “State/Territory petroleum title”, substitute “State/Territory title”.

41

Subregulation 44(3)

Omit “State/Territory petroleum title”, substitute “State/Territory title”.

42

Subregulation 44(3)

Omit “the petroleum title”, substitute “the title”.

43

Subregulation 45(1)

Omit “State/Territory petroleum title”, substitute “State/Territory title”.

44

At the end of Division 2 of Part 7

Add:

Subdivision B—Levy on inspections concerning contravention of provision corresponding to clause 13B of Schedule 3 to OPGGS Act

45AZero levy on inspections concerning contravention of provision corresponding to clause 13B of Schedule 3 to OPGGS Act

For the purposes of subsection 10(4) of the Regulatory Levies Act, the amount of well investigation levy imposed on an inspection concerning a contravention or possible contravention of a provision of a State PSLA or Territory PSLA that substantially corresponds to subclause 13B(1) or (2) of Schedule 3 to the OPGGS Act is zero.

Note: Those subclauses impose duties on registered holders of greenhouse gas titles relating to wells used or to be used for operations authorised by the titles.

45

Before regulation 46

Insert:

45BScope of this Division

This Division applies in relation to:

1. (a)

   an inspection concerning a contravention or possible contravention of a provision of a State PSLA or Territory PSLA that substantially corresponds to subclause 13A(1) or (2) of Schedule 3 to the OPGGS Act; and

2. (b)

   well investigation levy imposed on such an inspection.

Note: Those subclauses impose duties on registered holders of petroleum titles relating to wells used or to be used for operations authorised by the titles.

46

Subregulation 46(3)

Omit “State/Territory petroleum title”, substitute “State/Territory title”.

47

Paragraph 47(4)(a)

Omit “State/Territory petroleum title”, substitute “State/Territory title”.

48

Part 8 (heading)

Omit “petroleum”.

49

Before regulation 48

Insert:

Division 1—Definitions

50

Regulation 48

Insert:

eligible title has the meaning given by section 10A of the Regulatory Levies Act.

51

Before regulation 49

Insert:

Division 2—Annual well levy

Subdivision A—Levy for eligible wells in relation to petroleum titles

48AScope of this Subdivision

This Subdivision applies to annual well levy on an eligible well in relation to an eligible title that is a petroleum title.

52

At the end of Part 8

Add:

Subdivision B—Levy for eligible wells in relation to greenhouse gas titles

50AZero annual well levy

For the purposes of subsection 10A(4) of the Regulatory Levies Act, the amount of annual well levy is zero for the year for each eligible well in relation to an eligible title that is a greenhouse gas title (within the meaning of section 10A of that Act).

53

Part 9 (heading)

Omit “petroleum”.

54

Before regulation 51

Insert:

Division 1—Definitions

55

Regulation 51

Insert:

State/Territory title has the meaning given by section 10B of the Regulatory Levies Act.

56

Before regulation 52

Insert:

Division 2—Annual well levy

Subdivision A—Levy for eligible wells in relation to State/Territory petroleum titles

51AScope of this Subdivision

This Subdivision applies to annual well levy on an eligible well in relation to a State/Territory title that is a State/Territory petroleum title.

57

Regulation 52

Omit “State/Territory petroleum title”, substitute “State/Territory title”.

58

At the end of Part 9

Add:

Subdivision B—Levy for eligible wells in relation to State/Territory greenhouse gas titles

53AZero annual well levy

For the purposes of subsection 10B(4) of the Regulatory Levies Act, the amount of annual well levy is zero for the year for each eligible well in relation to a State/Territory title that is a State/Territory greenhouse gas title (within the meaning of section 10B of that Act).

59

Part 10 (heading)

Omit “petroleum”.

60

Before regulation 54

Insert:

Division 1—Definitions

61

Regulation 54

Insert:

eligible title has the meaning given by section 10C of the Regulatory Levies Act.

1. 62

   Regulation 54 (definition of registered holder)

Omit “a petroleum title”, substitute “an eligible title”.

63

Before regulation 55

Insert:

Division 2—Well activity levy

Subdivision A—Levy payable by registered holders of petroleum titles

54AScope of this Subdivision

This Subdivision applies to well activity levy payable under section 10C of the Regulatory Levies Act by the registered holder of an eligible title that is a petroleum title.

64

Subregulation 56(2)

Omit “a petroleum title”, substitute “an eligible title”.

65

At the end of Part 10

Add:

Subdivision B—Levy relating to greenhouse gas titles

56AZero well activity levy

For the purposes of subsection 10C(4) of the Regulatory Levies Act, the amount of well activity levy imposed by subsection 10C(1) of that Act in relation to the registered holder of an eligible title that is a greenhouse gas title (within the meaning of section 10C of that Act) is zero.

66

Part 11 (heading)

Omit “petroleum”.

67

Before regulation 57

Insert:

Division 1—Definitions

1. 68

   Regulation 57 (definition of registered holder)

Omit “State/Territory petroleum title”, substitute “State/Territory title”.

69

Regulation 57

Insert:

State/Territory title has the meaning given by section 10D of the Regulatory Levies Act.

70

Before regulation 58

Insert:

Division 2—Well activity levy

Subdivision A—Levy payable by registered holders of State/Territory petroleum titles

57AScope of this Subdivision

This Subdivision applies to well activity levy payable under section 10D of the Regulatory Levies Act by the registered holder of a State/Territory title that is a State/Territory petroleum title.

71

Subregulation 59(2)

Omit “State/Territory petroleum title”, substitute “State/Territory title”.

72

At the end of Part 11

Add:

Subdivision B—Levy relating to State/Territory greenhouse gas titles

59AAAZero well activity levy

For the purposes of subsection 10D(4) of the Regulatory Levies Act, the amount of well activity levy imposed by subsection 10D(1) of that Act in relation to the registered holder of a State/Territory title that is a State/Territory greenhouse gas title (within the meaning of section 10D of that Act) is zero.

73

Paragraph 62(3)(c)

Omit “a petroleum title or a State/Territory petroleum title”, substitute “an eligible title or a State/Territory title”.

74

Subregulation 63(1)

After “offshore petroleum industry”, insert “and the greenhouse gas storage industry”.

Part 4Amendments relating to Schedule 3 to Levies Amendment Act

Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2004

75

Regulation 6

Insert:

compliance investigation has the meaning given by section 3 of the Regulatory Levies Act.

76

Regulation 6 (definition of inspection)

Repeal the definition.

77

Subregulation 7(1)

Omit “an inspection”, substitute “a compliance investigation”.

78

Subregulation 7(1)

Omit “the inspection”, substitute “the compliance investigation”.

79

Subregulation 7(2)

Omit “an inspection”, substitute “a compliance investigation”.

80

Subregulations 7(2) and (3)

Omit “the inspection” (wherever occurring), substitute “the compliance investigation”.

81

Subregulation 7(4)

Omit “an inspection”, substitute “a compliance investigation”.

82

Subregulation 7(5)

Omit “an inspection”, substitute “a compliance investigation”.

83

Subregulation 7(5)

Omit “the inspection”, substitute “the compliance investigation”.

84

Subregulation 8(2)

Omit “an inspection”, substitute “a compliance investigation”.

85

Subregulation 8(2)

Omit “the inspection”, substitute “the compliance investigation”.

86

Paragraph 8(9)(b)

Omit “the inspection” (wherever occurring), substitute “the compliance investigation”.

87

Paragraphs 9(1)(a) and (b)

Omit “inspection” (wherever occurring), substitute “compliance investigation”.

88

Subregulation 9(2)

Omit “the inspection” (wherever occurring), substitute “the compliance investigation”.

89

Subregulation 9(2) (note)

Omit “an inspection”, substitute “a compliance investigation”.

90

Subregulation 9(3)

Omit “an inspection”, substitute “a compliance investigation”.

91

Subregulation 9(3)

Omit “the inspection” (wherever occurring), substitute “the compliance investigation”.

92

Subregulations 10(1) and 11(2)

Omit “an inspection”, substitute “a compliance investigation”.

93

Subregulation 11(2)

Omit “the inspection”, substitute “the compliance investigation”.

94

Subregulation 11(3)

Omit “an inspection”, substitute “a compliance investigation”.

95

Paragraphs 11(3)(a) and (b) and (4)(a) and (b)

Omit “the inspection” (wherever occurring), substitute “the compliance investigation”.

96

Subregulation 11(4) (note)

Omit “an inspection”, substitute “a compliance investigation”.

97

Paragraph 12(1)(a)

Omit “an inspection”, substitute “a compliance investigation”.

98

Regulation 36

Insert:

compliance investigation has the meaning given by section 3 of the Regulatory Levies Act.

99

Regulation 36 (definition of inspection)

Repeal the definition.

100

Subregulations 37(1) and (2)

Omit “an inspection”, substitute “a compliance investigation”.

101

Subparagraphs 37(9)(b)(i) and (ii)

Omit “the inspection”, substitute “the compliance investigation”.

102

Subregulation 38(1)

Omit “an inspection” (first occurring), substitute “a compliance investigation”.

103

Subregulation 38(1)

Omit “the inspection” (first occurring), substitute “the compliance investigation”.

104

Subregulation 38(1) (table item 1)

Omit “the inspection”, substitute “the compliance investigation”.

105

Subregulation 38(1) (note)

Omit “an inspection”, substitute “a compliance investigation”.

106

Subregulation 38(1) (note)

Omit “the inspection”, substitute “the compliance investigation”.

107

Subregulation 38(2) (heading)

Omit “inspection”, substitute “compliance investigation”.

108

Subregulation 38(2)

Omit “an inspection”, substitute “a compliance investigation”.

109

Paragraphs 38(2)(a) and (b)

Omit “the inspection”, substitute “the compliance investigation”.

110

Subregulation 39(1)

Omit “an inspection”, substitute “a compliance investigation”.

111

Paragraph 40(2)(a)

Omit “the inspection”, substitute “the compliance investigation”.

112

Subregulation 41(1)

Omit “an inspection”, substitute “a compliance investigation”.

Part 5Amendments relating to Schedule 6 to Levies Amendment Act

Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2004

113

After Part 12

Insert:

Part 12A—Regulations prescribed for particular provisions of Act

64Regulations prescribed for particular provisions of Act

For the purposes of a provision of the Regulatory Levies Act mentioned in column 1 of an item of the following table, each of the regulations, or provisions of regulations, made under the OPGGS Act and mentioned in column 2 of the item is prescribed.

Regulations prescribed for particular provisions of Act

Item

Column 1

Provision of Regulatory Levies Act

Column 2 Prescribed regulations, or provision of regulations, made under the OPGGS Act
1	Definition of safety case in force in relation to a facility in subsection 7(8)	Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009
2	Definition of safety case in force in relation to a facility in subsection 8(8)	Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009
3	Subsection 10A(6A)	Paragraph 5.17(c) of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
4	Subsection 10A(7)	Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
5	Paragraph 10B(1)(c)	Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
6	Subparagraph 10C(1)(a)(i)	Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
7	Subparagraph 10C(1)(a)(ii)	Regulation 5.13 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
8	Subparagraph 10D(1)(a)(i)	Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
9	Subparagraph 10D(1)(a)(iv)	Regulation 5.13 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
10	Subparagraph 10F(1)(a)(i)	Regulation 9 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009
11	Subparagraph 10F(1)(b)(i)	Regulation 17, 18 or 19 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009
12	Subparagraph 10F(1)(c)(i)	Regulation 9 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009
13	Subparagraph 10G(1)(a)(i)	Regulation 9 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009
14	Subparagraph 10G(1)(b)(i)	Regulation 17, 18 or 19 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009
15	Subparagraph 10G(1)(c)(i)	Regulation 9 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009

Schedule 2Resource management and administrationPart 1Amendments commencing first

Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011

1

Paragraph 1.06(3)(l)

Omit “section 349 or 361”, substitute “section 361 or 369”.

2

Regulation 5.02 (definition of Regulator)

Repeal the definition, substitute:

Regulator means NOPSEMA.

3

Subregulation 5.04(2) (note 2)

Repeal the note, substitute:

Note 2: NOPSEMA may give directions to titleholders that may relate to a well activity and must be complied with despite anything in these Regulations: see sections 574, 576B and 576C of the Act. NOPSEMA and the responsible Commonwealth Minister may also give remedial directions about plugging or closing off wells: see sections 586, 586A, 591B and 592 of the Act.

4

Subregulation 5.05(2) (note 2)

Repeal the note, substitute:

Note 2: NOPSEMA may give directions to titleholders that may relate to a well activity and must be complied with despite anything in these Regulations: see sections 574, 576B and 576C of the Act. NOPSEMA and the responsible Commonwealth Minister may also give remedial directions about plugging or closing off wells: see sections 586, 586A, 591B and 592 of the Act.

5

Paragraph 5.10(3)(b)

Omit “or 586 of the Act which”, substitute “, 579A, 586 or 591B of the Act that”.

6

Paragraph 5.10(3)(c)

Omit “574A, 580, 586A or 592 of the Act which”, substitute “586A or 592 of the Act that”.

7

Paragraph 5.18(a)

Omit “574A, 576B, 576C, 580, 586, 586A”, substitute “576B, 579A, 586, 586A, 591B”.

8

Division 9 of Part 5 (heading)

Omit “if NOPSEMA is Regulator”.

9

Regulation 5.27

Repeal the regulation.

10

Regulation 5.29

Omit “or 586A”, substitute “, 580, 586A or 592”.

11

Subregulation 11A.01(1) (table item 4)

After “section 286A” (wherever occurring)”, insert “or 452A”.

12

Subregulation 11A.05(2)

Omit “responsible Commonwealth Minister, nominate one of them”, substitute “Titles Administrator and NOPSEMA, nominate one of the registered holders”.

13

Paragraph 11A.05(5)(b)

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

14

Paragraph 12.05(1)(b)

Omit “, a NOPSEMA inspector or a greenhouse gas project inspector,”, substitute “or a NOPSEMA inspector”.

Part 2Amendments commencing later

Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011

15

After Part 11A

Insert:

Part 11B—Regulations prescribed for particular provisions of Act

11B.01Regulations prescribed for particular provisions of Act

For the purposes of a provision of the Act mentioned in column 1 of an item of the following table, each of the regulations, or provisions of regulations, mentioned in column 2 of the item is prescribed.

Regulations prescribed for particular provisions of Act
Item	Column 1 Provision of Act	Column 2 Prescribed regulations or provision of regulations
1	Paragraph 316(2)(b)	(a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; (b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011; (c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009
2	Paragraph 351(2)(b)	(a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; (b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011; (c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009
3	Paragraph 376(3)(b)	(a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; (b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011; (c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009
4	Definition of environment plan in subsection 571(5)	Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009
5	Definition of petroleum activity in subsection 571(5)	Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009
6	Definition of environment plan in subsection 572C(3)	Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009
7	Definition of petroleum activity in subsection 572C(3)	Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009
8	Paragraph 574A(6)(b)	(a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; (b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011; (c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009
9	Paragraph 580(5)(b)	(a) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; (b) Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011; (c) Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009
10	Item 15 of the table in subsection 601(1)	Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009
11	Item 16 of the table in subsection 601(1)	Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009
12	Item 16A of the table in subsection 601(1)	Offshore Petroleum and Greenhouse Gas Storage (Greenhouse Gas Injection and Storage) Regulations 2011
13	Item 17 of the table in subsection 601(1)	Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
14	Item 18 of the table in subsection 601(1)	Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 (apart from Part 5 of those regulations)
15	Subparagraph (c)(ii) of the definition of titleholder’s obligations in subsection 602K(8)	Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
16	Paragraph 638(1)(d)	Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009
17	Paragraph 638(1)(e)	Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
18	Subparagraph 646A(5)(f)(i)	Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009
19	Subparagraph 646A(5)(f)(ii)	Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
20	Subparagraph 646A(5)(g)(i)	Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009
21	Paragraph (a) of the definition of well integrity law in clause 2 of Schedule 2B	Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
22	Paragraph (c) of the definition of well integrity law in clause 2 of Schedule 2B	Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011
23	Subparagraph (c)(iii) of the definition of regulated business premises in clause 3 of Schedule 3	Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009
24	Subparagraph (d)(ii) of the definition of regulated business premises in clause 3 of Schedule 3	Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009
25	Subparagraph (e)(ii) of the definition of regulated business premises in clause 3 of Schedule 3	Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009
26	Paragraph (b) of the definition of titleholder’s well‑related obligations in clause 3 of Schedule 3	Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011

Schedule 3Environment

Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009

1

Regulation 4 (definition of Regulator)

Repeal the definition, substitute:

Regulator means NOPSEMA.

2

Subparagraph 23(2)(a)(ii)

Repeal the subparagraph, substitute:

1. (ii)

   a direction given by the Regulator under section 574, 576B, 579A, 586 or 591B; or

2. (iii)

   a direction given by the responsible Commonwealth Minister under section 580 or 592; or

3

Paragraph 28(2)(b)

Repeal the paragraph.

4

Paragraph 28(2)(c)

Omit “a greenhouse gas project inspector,”.

5

Paragraph 28(4)(a)

Repeal the paragraph.

6

Paragraph 28(4)(b)

Omit “a greenhouse gas project inspector or” (wherever occurring).

7

Paragraph 28(4)(b)

Omit “petroleum project inspector”, substitute “NOPSEMA inspector”.

8

In the appropriate position in Part 5

Insert:

Division 5.5—Transitional arrangements relating to the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Greenhouse Gas Storage) Regulations 2020

52Things done by or in relation to the responsible Commonwealth Minister as Regulator

1. (1)

   This regulation applies to a thing done, before the commencement of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Greenhouse Gas Storage) Regulations 2020, by or in relation to the responsible Commonwealth Minister as the Regulator for a greenhouse gas activity.

2. (2)

   On and after that commencement, these Regulations apply in relation to the thing as if it had been done by or in relation to NOPSEMA as the Regulator when the thing was done by or in relation to the responsible Commonwealth Minister.