Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Regulations 2011 (No. 1) (Cth)

Case

Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Regulations 2011 (No. 1)1

Select Legislative Instrument 2011 No. 198

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and the Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act 2006.

Dated 19 October 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

MARTIN FERGUSON

Minister for Resources and Energy

  1. Name of Regulations

These Regulations are the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Regulations 2011 (No. 1).

  1. Commencement

These Regulations commence on the commencement of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011.

  1. Amendment of Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011

Schedule 1 amends the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011.

  1. Amendment of Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Regulations 1994

Schedule 2 amends the Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Regulations 1994.

Schedule 1          Amendments of Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011

(regulation 3)

[1]          Subregulation 11.02 (1)

omit

$92

insert

$105

[2]          Subregulation 11.02 (2)

omit

$92

insert

$105

[3]          Subregulation 11.03 (1)

omit

$19

insert

$20

[4]          Regulations 11.04 to 11.06

substitute

11.04Document and certification fees

(1)For subsection 516 (2) of the Act, the fee is $4.00 per page.

(2)For subsection 516 (4) of the Act, the fee is $50.

(3)For subsection 565 (2) of the Act, the fee is $3.50 per page.

(4)For subsection 565 (4) of the Act, the fee is $45.

11.05Information fees

(1)For paragraph 717 (2) (a) of the Act, the fee payable for making information available to a person is an amount equal to the sum of the following amounts:

(a)if the information requested is contained in a document and that document is lent to the person who made the request — an amount calculated at the rate of $45 per day or part of a day during which the document containing the information is on loan to that person;

(b)if the information requested is contained in a document and that document is not readily available and a search is necessary to locate the information — an amount calculated at the rate of $45 per hour or part of an hour after the first half hour for the time taken to locate the information;

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

(i)copied or reproduced; or

(ii)forwarded or consigned to that person;

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

(2)For paragraph 741 (2) (a) of the Act, the fee payable for making information available to a person is an amount equal to the sum of the following amounts:

(a)if the information requested is contained in a document and that document is lent to the person who made the request — an amount calculated at the rate of $38 per day or part of a day during which the document containing the information is on loan to that person;

(b)if the information requested is contained in a document and that document is not readily available and a search is necessary to locate the information — an amount calculated at the rate of $38 per hour or part of an hour after the first half hour for the time taken to locate the information;

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

(i)copied or reproduced; or

(ii)forwarded or consigned to that person;

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

Note   The fees in this regulation relate to provisions in Parts 8 and 10 of these Regulations.

11.06Sample inspection fees

For paragraph 717 (2) (b) of the Act, the fee payable for permitting a person to inspect a sample is an amount equal to the sum of the following amounts:

(a)if the sample is lent to the person who made the request — an amount calculated at the rate of $45 per day or part of a day during which the sample is on loan to that person;

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

(2)For paragraph 741 (2) (b) of the Act, the fee payable for permitting a person to inspect a sample is an amount equal to the sum of the following amounts:

(a)if the sample is lent to the person who made the request — an amount calculated at the rate of $38 per day or part of a day during which the sample is on loan to that person;

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

Note   The fees in this regulation relate to provisions in Parts 8 and 10 of these Regulations.

[5]          Schedule 6, Part 1

substitute

Part 1           Fees for petroleum applications

Item

Type of application

Fee ($)

101 Work-bid petroleum exploration permit 5 220
102 Special petroleum exploration permit 5 220
103 Cash-bid petroleum exploration permit 2 090
104 Renewal of petroleum exploration permit (all types) 2 090
105 Petroleum retention lease (all types) 2 090
106 Renewal of petroleum retention lease (all types) 2 090
107 Petroleum production licence over a surrendered block 5 220
108 Petroleum production licence over an individual block 1 050
109 Petroleum production licence (other than a licence in items 107 and 108) 2 090
110 Renewal of petroleum production licence (all types) 2 090
111 Infrastructure licence 2 090
112 Pipeline licence 5 220
113 Variation of pipeline licence 1 050
114 Petroleum special prospecting authority 1 050

Schedule 2          Amendments of Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Regulations 1994

(regulation 4)

[1]          Regulation 4

substitute

  1. Exploration permit fee

For subsection 4 (3) of the Act, the fee for an exploration permit for a year of the term of the permit is the greater of:

(a)$1 290; or

(b)$65 for each block to which the permit relates at the beginning of the year.

[2]          Regulation 5

omit

$6 820

insert

$7 755

[3]          Regulation 6

omit

$20 460

insert

$23 265

[4]          Regulation 7

omit

$13 640

insert

$15 510

[5]          Regulation 8

omit

$90

insert

$105

Note

1.      All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See


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