Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Regulations 2011 (No. 2) (Cth)

Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Regulations 2011 (No. 2)¹

Select Legislative Instrument 2011 No. 252

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 (Regulatory Levies) Act 2003 and the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Dated 7 December 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 (Regulatory Levies) Amendment Regulations 2011 (No. 2).

1. Commencement

These Regulations commence on the commencement of Part 1 of Schedule 2 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011.

1. Amendment of Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2004

Schedule 1 amends the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2004.

Schedule 1          Amendments

(regulation 3)

[1]          Regulation 3, after definition of designated coastal waters

insert

NOPSEMA waters has the meaning given by section 643 of the OPGGS Act.

[2]          Regulation 3, definitions of Safety Authority and Safety Authority waters

omit

[3]          Regulation 3, after definition of Territory PSLA

insert

Titles Administrator means the National Offshore Petroleum Titles Administrator.

[4]          Regulation 3, note

omit

·applicable State or Territory safety law

insert

·annual titles administration levy

·applicable State or Territory safety law

·environment plan levy

·NOPSEMA

[5]          Regulation 12, heading

substitute

1. NOPSEMA must keep records

[6]          Regulation 19, heading

substitute

1. NOPSEMA must keep records

[7]          Regulation 27, heading

substitute

1. Operator of variable-rating facility must keep NOPSEMA informed about operations

[8]          Regulation 35, heading

substitute

1. Operator of variable-rating facility must keep NOPSEMA informed about operations

[9]          Regulation 41, heading

substitute

1. NOPSEMA must keep records

[10]        Regulation 47, heading

substitute

1. NOPSEMA must keep records

[11]        After Part 11

insert

Part 11A                 Annual titles administration levy

59AAmount of annual titles administration levy

(1)For subsection 10E (4) of the Regulatory Levies Act, this Part sets out the amounts of annual titles administration levy mentioned in subsection 10E (2) of that Act.

Note   Annual titles administration levy applies to an eligible title, as defined in subsection 10E (7) of the Regulatory Levies Act.

(2)The amount of annual titles administration levy for a work-bid petroleum exploration permit or a special petroleum exploration permit is the greater of:

(a)$1 290; and

(b)the number of blocks to which the permit relates, multiplied by $65.

(3)The amount of annual titles administration levy for a petroleum retention lease is the number of blocks to which the lease relates, multiplied by $7 755.

(4)The amount of annual titles administration levy for a petroleum production licence is the number of blocks to which the licence relates, multiplied by $23 265.

(5)The amount of annual titles administration levy for an infrastructure licence is $15 510 for each licence.

(6)The amount of annual titles administration levy for a pipeline licence is $105 for each kilometre, or part of a kilometre, of the pipeline’s length.

(7)The amount of annual titles administration levy for a work-bid greenhouse gas assessment permit is zero.

(8)The amount of annual titles administration levy for a greenhouse gas holding lease is the number of blocks to which the lease relates, multiplied by $6 820.

(9)The amount of annual titles administration levy for a greenhouse gas injection licence is the number of blocks to which the licence relates, multiplied by $20 460.

Note   Section 695M of the OPGGS Act sets out when annual titles administration levy is due and payable.

Part 11B                 Environment plan levy — Commonwealth waters

59BDefinitions for Part 11B

In this Part:

facility has the same meaning as in clause 4 of Schedule 3 to the OPGGS Act.

individual activity means a petroleum activity, or all of the petroleum activities, that:

(a)are authorised by a single Commonwealth title; and

(b)are of the same kind as a petroleum activity in the table in subregulation 59C (7);

other than a seismic survey or other survey.

Example

If 4 wells are to be drilled in one title area, this is one individual activity (drilling). If 4 wells are to be drilled, with 2 in one title area and 2 in another, this counts as 2 individual activities (drilling).

licensed petroleum pipeline means a petroleum pipeline covered by a pipeline licence.

59CAmount of environment plan levy

(1)For subsection 10F (4) of the Regulatory Levies Act, the amount of environment plan levy imposed by section 10F of that Act on the submission of an environment plan, or a proposed revision of an environment plan, is the sum of each amount worked out using this regulation.

Note   Section 10F relates to environment plans, and proposed revisions of environment plans, in which the activities to which the plan or revised plan relates are authorised by one or more Commonwealth titles.

Individual activities (not seismic surveys and other surveys)

(2)For an individual activity in the environment plan, or revised environment plan, add the activity amount and the compliance amount for the individual activity.

(3)The activity amount is worked out for an individual activity by:

(a)identifying the activity rating in the table in subregulation (7) for the petroleum activity or activities that make up the individual activity; and

(b)multiplying the activity rating by $3 000.

(4)The compliance amount is worked out for an individual activity by:

(a)identifying the compliance rating in the table in subregulation (7) for the petroleum activity or activities that make up the individual activity; and

(b)multiplying the compliance rating by $3 000; and

(c)multiplying the result of paragraph (b) by the lesser of:

(i)the expected duration of the individual activity (expressed in whole years and rounding part years up to the next whole year); and

(ii)5.

Note The expected duration of the individual activity is worked out from the timetable in the environment plan: see paragraph 13 (1) (c) of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009.

Seismic surveys and other surveys

(5)If an activity in the environment plan or revised environment plan is a seismic survey or other survey:

(a)add the activity amount and the compliance amount for the survey; and

(b)perform this addition once, no matter how many titles the survey will cover.

(6)The activity amount is worked out as explained in subregulation (3) and the compliance amount is worked out as explained in subregulation (4).

Activity and compliance ratings

(7)The table sets out activity ratings and compliance ratings for petroleum activities.

Item	Petroleum activity	Activity rating	Compliance rating
1	Operation of a facility that is used for the recovery or processing of petroleum	11	14
2	Operation of a facility that is used for the storage of petroleum but not for the recovery or processing of petroleum	6	11
3	Recovery of petroleum using a subsea installation that:    (a)  is not by itself a facility mentioned in item 1; and	6	11
(b)  is not connected to a facility mentioned in item 1 or 2 that is located in the same production licence area; and
(c)  is not connected to a licensed pipeline that is located in the same production licence area
4	Operation of a licensed petroleum pipeline	1	2
5	Construction or installation of a facility mentioned in item 1 or 2	10	10
6	Construction or installation of a licensed petroleum pipeline	8	10
7	Decommissioning, dismantling or removing a facility mentioned in item 1 or 2	9	13
8	Decommissioning, dismantling or removing a licensed petroleum pipeline	8	8
9	Significant modification of a facility mentioned in item 1 or 2	5	6
10	Significant modification of a licensed petroleum pipeline	4	3
11	Drilling	6	9
12	Seismic survey	5	7
13	Other survey	3	5
14	Any other petroleum-related operations or works carried out under an instrument, authority or consent granted or issued under the OPGGS Act	5	9
15	Any other activity relating to petroleum exploration or development which may have an impact on the environment	5	9

Minor revision

(8)NOPSEMA:

(a)may determine, in writing, that a proposed revision of an environment plan is a minor revision; and

(b)may make a determination with or without a request by the registered holder of the Commonwealth title that authorises the activities to which the plan relates.

(9)If NOPSEMA determines that a revision is a minor revision, NOPSEMA must notify the registered holder, in writing, of the decision.

1. If NOPSEMA refuses to make a determination at the request of the registered holder:

(a)NOPSEMA must notify the registered holder, in writing, of the decision and the reasons for the decision; and

(b)if the decision was made by a delegate of the CEO, the notice must also state that the registered holder may apply for review of the decision by the CEO within 30 days after NOPSEMA notifies the registered holder.

1. If the registered holder applies to the CEO for a review of a decision by a delegate of the CEO to refuse to make a determination at the request of the registered holder, the CEO must, as soon as practicable:

(a)review the decision; and

(b)notify the registered holder, in writing, of:

(i)the decision; and

(ii)if the CEO confirms the refusal to make a determination — the reasons for the decision.

1. The amount of environment plan levy on the submission of a proposed revision of an environment plan that is a minor revision is zero.

59DWhen environment plan levy is due and payable

(1)For subsection 688C (1) of the OPGGS Act, this regulation sets out when environment plan levy on the submission of an environment plan or a proposed revision of an environment plan is due and payable.

(2)The levy is payable on the submission of the environment plan or the proposed revision.

(3)The activity amount for:

(a)an individual activity; or

(b)a seismic survey or other survey;

is due 30 days after the submission of the environment plan or the proposed revision.

(4)The compliance amount for:

(a)an individual activity; or

(b)a seismic survey or other survey;

is due in equal annual instalments during the period of the environment plan.

(5)For subregulation (4):

(a)the first instalment is due 30 days after the submission of the environment plan or the proposed revision; and

(b)each subsequent instalment is due at the beginning of each calendar year after the submission of the environment plan or the proposed revision.

59ERefund or remission of compliance amount

(1)If NOPSEMA refuses to accept an environment plan, or a revision of an environment plan, under subregulation 11 (3) of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009, NOPSEMA must:

(a)refund each instalment of the compliance amount that has been paid; and

(b)remit each instalment of the compliance amount that has not yet been paid.

(2)If:

(a)NOPSEMA accepts a proposed revision of an environment plan under subregulation 11 (3) of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 that is not a minor revision; and

(b)one or more instalments of compliance amount (the unpaid compliance amount) relating to the environment plan (the original plan) is not yet due;

NOPSEMA must remit the unpaid compliance amount relating to the original plan.

Part 11C                 Environment plan levy — designated coastal waters

59FDefinitions for Part 11C

In this Part, and for the purposes of the application of this Part in relation to the designated coastal waters of a State or of the Northern Territory:

facility has the same meaning as in the applicable State or Territory safety law.

individual activity means a petroleum activity, or all of the petroleum activities, that:

(a)are authorised by a single State/Territory title; and

(b)are of the same kind as a petroleum activity in the table in subregulation 59G (7);

other than a seismic survey or other survey.

Example

If 4 wells are to be drilled in one title area, this is one individual activity (drilling). If 4 wells are to be drilled, with 2 in one title area and 2 in another, this counts as 2 individual activities (drilling).

licensed petroleum pipeline means a petroleum pipeline covered by a pipeline licence granted under a State PSLA or a Territory PSLA.

State/Territory title has the meaning given by subsection 10G (7) of the Regulatory Levies Act.

59GAmount of environment plan levy

(1)For subsection 10G (4) of the Regulatory Levies Act, the amount of environment plan levy imposed by section 10G of the Act on the submission of an environment plan, or a proposed revision of an environment plan, is the sum of each amount worked out using this regulation.

Note   Section 10G of the Regulatory Levies Act relates to environment plans, or proposed revisions of environment plans, that are submitted under regulations of a State or Territory that substantially correspond to the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 and in which the activities to which the plan or revised plan relates are authorised by one or more State/Territory titles.

Individual activities (not seismic surveys and other surveys)

(2)For an individual activity in the environment plan, or revised environment plan, add the activity amount and the compliance amount for the individual activity.

(3)The activity amount is worked out for an individual activity by:

(a)identifying the activity rating in the table in subregulation (7) for the petroleum activity or activities that make up the individual activity; and

(b)multiplying the activity rating by $3 000.

(4)The compliance amount is worked out for an individual activity by:

(a)identifying the compliance rating in the table in subregulation (7) for the petroleum activity or activities that make up the individual activity; and

(b)multiplying the compliance rating by $3 000; and

(c)multiplying the result of paragraph (b) by the lesser of:

(i)the expected duration of the individual activity (expressed in whole years and rounding part years up to the next whole year); and

(ii)5.

Note The expected duration of the individual activity is worked out from the timetable in the environment plan: see the provision in a law of a State or Territory that substantially corresponds to paragraph 13 (1) (c) of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009.

Seismic surveys and other surveys

(5)If an activity in the environment plan or revised environment plan is a seismic survey or other survey:

(a)add the activity amount and the compliance amount for the survey; and

(b)perform this addition once, no matter how many titles the survey will cover.

(6)The activity amount is worked out as explained in subregulation (3) and the compliance amount is worked out as explained in subregulation (4).

Activity and compliance ratings

(7)The table sets out activity ratings and compliance ratings for petroleum activities.

Item	Petroleum activity	Activity rating	Compliance rating
1	Operation of a facility that is used for the recovery or processing of petroleum	11	14
2	Operation of a facility that is used for the storage of petroleum but not for the recovery or processing of petroleum	6	11
3	Recovery of petroleum using a subsea installation that:    (a)  is not by itself a facility mentioned in item 1; and	6	11
(b)  is not connected to a facility mentioned in item 1 or 2 that is located in the same production licence area; and
(c)  is not connected to a licensed pipeline that is located in the same production licence area
4	Operation of a licensed petroleum pipeline	1	2
5	Construction or installation of a facility mentioned in item 1 or 2	10	10
6	Construction or installation of a licensed petroleum pipeline	8	10
7	Decommissioning, dismantling or removing a facility mentioned in item 1 or 2	9	13
8	Decommissioning, dismantling or removing a licensed petroleum pipeline	8	8
9	Significant modification of a facility mentioned in item 1 or 2	5	6
10	Significant modification of a licensed petroleum pipeline	4	3
11	Drilling	6	9
12	Seismic survey	5	7
13	Other survey	3	5
14	Any other petroleum-related operations or works carried out under an instrument, authority or consent granted or issued under an Act of a State or Territory that substantially corresponds to the OPGGS Act	5	9
15	Any other activity relating to petroleum exploration or development which may have an impact on the environment	5	9

Minor revision

(8)NOPSEMA:

(a)may determine, in writing, that a proposed revision of an environment plan is a minor revision; and

(b)may make a determination with or without a request by the registered holder of the State/Territory title that authorises the activities to which the plan relates.

(9)If NOPSEMA determines that a revision is a minor revision, NOPSEMA must notify the registered holder, in writing, of the decision.

1. If NOPSEMA refuses to make a determination at the request of the registered holder:

(a)NOPSEMA must notify the registered holder, in writing, of the decision and the reasons for the decision; and

(b)if the decision was made by a delegate of the CEO, the notice must also state that the registered holder may apply for review of the decision by the CEO within 30 days after NOPSEMA notifies the registered holder.

1. If the registered holder applies to the CEO for a review of a decision by a delegate of the CEO to refuse to make a determination at the request of the registered holder, the CEO must, as soon as practicable:

(a)review the decision; and

(b)notify the registered holder, in writing, of:

(i)the decision; and

(ii)if the CEO confirms the refusal to make a determination — the reasons for the decision.

1. The amount of environment plan levy on the submission of a proposed revision of an environment plan that is a minor revision is zero.

59HWhen environment plan levy is due and payable

(1)For subsection 688C (1) of the OPGGS Act, this regulation sets out when environment plan levy on the submission of an environment plan, or a proposed revision of an environment plan, is due and payable.

(2)The levy is payable on the submission of the environment plan or the proposed revision.

(3)The activity amount for:

(a)an individual activity; or

(b)a seismic survey or other survey;

is due 30 days after the submission of the environment plan or the proposed revision.

(4)The compliance amount for:

(a)an individual activity; or

(b)a seismic survey or other survey;

is due in equal annual instalments during the period of the environment plan.

(5)For subregulation (4):

(a)the first instalment is due 30 days after the submission of the environment plan or the proposed revision; and

(b)each subsequent instalment is due at the beginning of each calendar year after the submission of the environment plan or the proposed revision.

59IRefund or remission of compliance amount

(1)If NOPSEMA refuses to accept an environment plan, or a revision of an environment plan, under the provision in a law of a State or Territory that substantially corresponds to subregulation 11 (3) of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009, NOPSEMA must:

(a)refund each instalment of the compliance amount that has been paid; and

(b)remit each instalment of the compliance amount that has not yet been paid.

(2)If:

(a)NOPSEMA accepts a proposed revision of an environment plan under the provision in a law of a State or Territory that substantially corresponds to subregulation 11 (3) of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 that is not a minor revision; and

(b)one or more instalments of compliance amount (the unpaid compliance amount) relating to the environment plan (the original plan) is not yet due;

NOPSEMA must remit the unpaid compliance amount relating to the original plan.

[12]        Part 12, heading

substitute

Part 12                   NOPSEMA

[13]        Subregulation 62 (3)

omit

regulation 39:

insert

regulation 63:

[14]        Regulation 63, heading

substitute

1. Meetings about operations of NOPSEMA

[15]        Paragraph 63 (2) (c)

omit

the most recent periodic review conducted under regulation 37 and the financial report prepared under regulation 38

insert

the most recent periodic review conducted under regulation 61 and the financial report prepared under regulation 62

[16]        Further amendments

Provision	omit each mention of	insert
Regulation 7	The Safety Authority	NOPSEMA
Regulation 7	the Safety Authority	NOPSEMA
Regulation 8	The Safety Authority	NOPSEMA
Regulation 8	the Safety Authority	NOPSEMA
Regulation 9	the Safety Authority	NOPSEMA
Regulation 10	The Safety Authority	NOPSEMA
Regulation 10	the Safety Authority	NOPSEMA
Regulation 11	The Safety Authority	NOPSEMA
Regulation 11	the Safety Authority	NOPSEMA
Regulation 12	The Safety Authority	NOPSEMA
Regulation 12	the Safety Authority	NOPSEMA
Regulation 14	The Safety Authority	NOPSEMA
Regulation 14	the Safety Authority	NOPSEMA
Regulation 15	The Safety Authority	NOPSEMA
Regulation 15	the Safety Authority	NOPSEMA
Regulation 16	the Safety Authority	NOPSEMA
Regulation 17	The Safety Authority	NOPSEMA
Regulation 17	the Safety Authority	NOPSEMA
Regulation 18	The Safety Authority	NOPSEMA
Regulation 18	the Safety Authority	NOPSEMA
Regulation 19	The Safety Authority	NOPSEMA
Regulation 19	the Safety Authority	NOPSEMA
Regulation 20	the Safety Authority	NOPSEMA
Regulation 21	Safety Authority waters	NOPSEMA waters
Regulation 22	the Safety Authority	NOPSEMA
Regulation 22A	The Safety Authority	NOPSEMA
Regulation 22A	the Safety Authority	NOPSEMA
Regulation 23	the Safety Authority	NOPSEMA
Regulation 23	The Safety Authority	NOPSEMA
Regulation 24	the Safety Authority	NOPSEMA
Regulation 25	The Safety Authority	NOPSEMA
Regulation 25	the Safety Authority	NOPSEMA
Regulation 25	Safety Authority waters	NOPSEMA waters
Regulation 26	The Safety Authority	NOPSEMA
Regulation 26	the Safety Authority	NOPSEMA
Regulation 27	the Safety Authority	NOPSEMA
Regulation 28	the Safety Authority	NOPSEMA
Regulation 29	Safety Authority waters	NOPSEMA waters
Regulation 30	the Safety Authority	NOPSEMA
Regulation 30A	The Safety Authority	NOPSEMA
Regulation 30A	the Safety Authority	NOPSEMA
Regulation 31	the Safety Authority	NOPSEMA
Regulation 31	The Safety Authority	NOPSEMA
Regulation 32	the Safety Authority	NOPSEMA
Regulation 33	The Safety Authority	NOPSEMA
Regulation 33	the Safety Authority	NOPSEMA
Regulation 33	Safety Authority waters	NOPSEMA waters
Regulation 34	The Safety Authority	NOPSEMA
Regulation 34	the Safety Authority	NOPSEMA
Regulation 35	the Safety Authority	NOPSEMA
Regulation 37	The Safety Authority	NOPSEMA
Regulation 37	the Safety Authority	NOPSEMA
Regulation 38	the Safety Authority	NOPSEMA
Regulation 39	The Safety Authority	NOPSEMA
Regulation 39	the Safety Authority	NOPSEMA
Regulation 40	The Safety Authority	NOPSEMA
Regulation 40	the Safety Authority	NOPSEMA
Regulation 41	The Safety Authority	NOPSEMA
Regulation 41	the Safety Authority	NOPSEMA
Regulation 43	The Safety Authority	NOPSEMA
Regulation 43	the Safety Authority	NOPSEMA
Regulation 44	the Safety Authority	NOPSEMA
Regulation 45	The Safety Authority	NOPSEMA
Regulation 45	the Safety Authority	NOPSEMA
Regulation 46	The Safety Authority	NOPSEMA
Regulation 46	the Safety Authority	NOPSEMA
Regulation 47	The Safety Authority	NOPSEMA
Regulation 47	the Safety Authority	NOPSEMA
Regulation 56	the Safety Authority	NOPSEMA
Regulation 59	the Safety Authority	NOPSEMA
Regulation 60	the Safety Authority	NOPSEMA
Regulation 60	Safety Authority waters	NOPSEMA waters
Regulation 61	the Safety Authority	NOPSEMA
Regulation 62	the Safety Authority	NOPSEMA
Regulation 63	the Safety Authority	NOPSEMA
Schedule 1, paragraph 1.1 (a)	the Safety Authority	NOPSEMA
Schedule 2, note	The Safety Authority	NOPSEMA

Note

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