Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2004 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
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Contents
These Regulations are the
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2004 .
In these Regulations:
CEO has the meaning given by section 643 of the OPGGS Act.
Commonwealth waters has the meaning given by section 643 of the OPGGS Act.
designated coastal waters has the meaning given by section 643 of the OPGGS Act.
NOPSEMA waters has the meaning given by section 643 of the OPGGS Act.
OPGGS Act means theOffshore Petroleum and Greenhouse Gas Storage Act 2006 .
part quarter means a period within a quarter that is at least 1 day long, but less than the length of the quarter, during which a safety case is in force in relation to a facility.
quarter means a period of 3 months starting on any of the following dates:
(a) 1 January;
(b) 1 April;
(c) 1 July;
(d) 1 October.
Regulatory Levies Act means theOffshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 .
SMS means safety management system.
SMS amount means a charge for the assessment of a safety management system, worked out in accordance with Schedule 1, that applies to 1 or more facilities or pipelines under the management or control of an operator or licensee.
State PSLA has the meaning given by section 643 of the OPGGS Act.
Territory PSLA has the same meaning as in section 643 of the OPGGS Act.
Titles Administrator means the National Offshore Petroleum Titles Administrator.Note: Other words and expressions used in these Regulations have the meaning given by section 3 of the Regulatory Levies Act. For example:
· annual titles administration levy
· applicable State or Territory safety law
· environment plan levy
· NOPSEMA
· safety case levy
· safety investigation levy
· State safety law
· Territory safety law
· year.
(1) This regulation applies if a continuous pipeline is located partly in Commonwealth waters, and partly in the designated coastal waters of:
(a) 1 or more States; or
(b) the Northern Territory; or
(c) 1 or more States and the Northern Territory.
(2) Despite any other provision of these Regulations:
(a) if the total length of the segment or segments of the pipeline located in Commonwealth waters is greater than or equal to the total length of the segment or segments of the pipeline located in designated coastal waters:
(i) no pipeline safety case levy is payable in relation to any segment or segments of that pipeline located in designated coastal waters; and
(ii) NOPSEMA is not required to comply with a provision of these Regulations relating to notifying a person of when an amount of levy is due and payable in relation to any segment or segments of that pipeline located in designated coastal waters; and
(b) if the total length of the segment or segments of the pipeline located in designated coastal waters is greater than the total length of the segment or segments of the pipeline located in Commonwealth waters:
(i) no pipeline safety case levy is payable in relation to any segment or segments of that pipeline located in Commonwealth waters; and
(ii) NOPSEMA is not required to comply with a provision of these Regulations relating to notifying a person of when an amount of levy is due and payable in relation to any segment or segments of that pipeline located in Commonwealth waters.
(3) In this regulation:
pipeline has the same meaning as in section 7 of the OPGGS Act.Note: The imposition of levy in relation to a pipeline is based on where the pipeline is located. Pipelines are often laid across a number of jurisdictions. This regulation ensures that levy is payable in relation to Commonwealth waters, or designated coastal waters, depending on where the longest part of the pipeline is located.
In this Part:
accident has the same meaning as in clause 3 of Schedule 3 to the OPGGS Act.
compliance investigation has the meaning given by section 3 of the Regulatory Levies Act.
dangerous occurrence has the same meaning as in clause 3 of Schedule 3 to the OPGGS Act.
facility has the same meaning as in clause 3 of Schedule 3 to the OPGGS Act.
incremental cost means the cost worked out under subregulation 7(2).
notifiable accident or occurrence has the same meaning as in subsection 5(8) of the Regulatory Levies Act.
operator has the same meaning as in clause 5 of Schedule 3 to the OPGGS Act.
(1) For paragraph 5(1)(c) of the Regulatory Levies Act, the prescribed condition is that the incremental cost of a compliance investigation mentioned in paragraph 5(1)(b) of the Regulatory Levies Act exceeds the threshold amount for the compliance investigation.
(2) The incremental cost of a compliance investigation is the sum of the costs and expenses that NOPSEMA reasonably incurs for the purposes of carrying out the compliance investigation.
(3) For subregulation (2), the costs and expenses that NOPSEMA reasonably incurs for the purposes of carrying out the compliance investigation:
(a) include (but are not limited to) remuneration and other costs in relation to NOPSEMA inspectors and other staff of NOPSEMA who are involved in the compliance investigation; and
(b) do not include any share of fixed overheads.
(4) The threshold amount for a compliance investigation is $30,000.
(5) NOPSEMA must give a notice to an operator, as soon as practicable after the incremental cost of a compliance investigation exceeds the threshold amount, stating that the incremental cost of the compliance investigation exceeds the threshold amount.
Note: See regulation 10 for the use of an independent expert to assess the costs and expenses that NOPSEMA has reasonably incurred.
(1) NOPSEMA may determine, in writing, that it is inappropriate for the operator of a facility specified in the determination to pay the amount of safety investigation levy imposed on a notifiable accident or occurrence.
(2) NOPSEMA may make a determination at any time after the incremental cost of a compliance investigation exceeds the threshold amount for the compliance investigation.
(3) An operator and NOPSEMA may agree, at any time, to the selection and appointment of an independent expert:
(a) to investigate whether NOPSEMA should make a determination under subregulation (1) (whether or not NOPSEMA has previously refused to make a determination); and
(b) to report to NOPSEMA on whether it should make a determination.
(4) NOPSEMA must not unreasonably withhold its agreement to the selection or appointment of the independent expert.
(5) The operator must bear the costs incurred for the services of the independent expert.
(6) After the independent expert has given the report, NOPSEMA:
(a) must consider the report; and
(b) may make a determination under subregulation (1).
(7) The Minister may give directions, in writing, to NOPSEMA with respect to the exercise of its powers and functions under subregulations (3) and (6).
(8) NOPSEMA must comply with the Minister’s directions.
(9) If NOPSEMA makes a determination under subregulation (1):
(a) NOPSEMA must give a copy of the determination to the operator as soon as practicable after making it; and
(b) the determination is taken to have effect on the day on which the incremental cost of the compliance investigation exceeded the threshold amount for the compliance investigation.
(1) For subsection 5(5) of the Regulatory Levies Act:
(a) if NOPSEMA has not made a determination under subregulation 8(1) for a particular compliance investigation, the amount of safety investigation levy imposed on a notifiable accident or occurrence is the post‑threshold incremental cost of the compliance investigation; and
(b) if NOPSEMA has made a determination under subregulation 8(1) for a particular compliance investigation, the amount of safety investigation levy imposed on a notifiable accident or occurrence is zero.
Note: The effect of a determination under subregulation 8(1) is to reduce the amount of safety investigation levy payable to zero, even if the operator has already paid some or all of the levy.
(2) The post‑threshold incremental cost of the compliance investigation is worked out by:
(a) identifying the incremental cost of the compliance investigation on the day when the compliance investigation is complete; and
(b) subtracting the threshold amount.
Note: The costs and expenses that NOPSEMA has reasonably incurred for the purposes of carrying out a compliance investigation may be assessed by an independent expert: see regulation 10.
(3) For paragraph (2)(a), a compliance investigation is taken to be complete on the earlier of:
(a) the day when NOPSEMA refers a brief of evidence to the Commonwealth Director of Public Prosecutions in relation to the proposed prosecution of a person in connection with the accident or dangerous occurrence; and
(b) the day when NOPSEMA, by written notice, informs the operator that the compliance investigation is complete.
Note: The referral of a brief of evidence, or the giving of a notice, does not prevent NOPSEMA or a NOPSEMA inspector from continuing the compliance investigation, or resuming the compliance investigation. However, if the compliance investigation is continued or resumed, no further levy will be payable.
(1) An operator and NOPSEMA may agree, at any time, to the selection and appointment of an independent expert to assess the costs and expenses that NOPSEMA has reasonably incurred for the purposes of carrying out a compliance investigation.
(2) NOPSEMA must not unreasonably withhold its agreement to the selection or appointment of the independent expert.
(3) The operator must bear the costs incurred for the services of the independent expert.
(4) After the independent expert has given a report of the assessment:
(a) NOPSEMA must give a copy of the report to the operator as soon as practicable after receiving it; and
(b) NOPSEMA must consider the report; and
(c) if NOPSEMA has notified the operator of the amount of levy, or the amount of an instalment of levy, that is payable, NOPSEMA may give a notice to the operator:
(i) stating that a revised amount of levy, or a revised amount of an instalment of levy, is payable; or
(ii) withdrawing the notice previously given under subregulation 7(5).
(5) The Minister may give directions, in writing, to NOPSEMA with respect to the exercise of its powers and functions under subregulations (1) and (4).
(6) NOPSEMA must comply with the Minister’s directions.
(1) For subsection 686(1) of the OPGGS Act, this regulation sets out when safety investigation levy is due and payable.
(2) If a compliance investigation continues for 3 months or less, safety investigation levy is payable when the compliance investigation is taken to be complete for subregulation 9(3).
(3) If a compliance investigation continues for more than 3 months, safety investigation levy is payable in instalments:
(a) at the end of each period of 3 months, starting when the compliance investigation starts, during which the compliance investigation continues; and
(b) when the compliance investigation is taken to be complete for subregulation 9(3).
(4) NOPSEMA must notify the operator:
(a) within 14 days after the compliance investigation is taken to be complete for subregulation 9(3); and
(b) if the compliance investigation continues for more than 3 months—within 14 days after the end of each 3 month period;
of the amount of levy, or the amount of an instalment of levy, that is payable.
Note: The amount of safety investigation levy takes into account the post‑threshold incremental cost of a compliance investigation.
(5) However, if NOPSEMA fails to notify the operator in accordance with subregulation (4), the validity of any subsequent notification is not affected by the failure.
(6) For subsection 686(1) of the OPGGS Act, safety investigation levy is due 30 days after NOPSEMA notifies the operator under subregulation (4).
(1) For this Part, NOPSEMA must make records of:
(a) the costs and expenses that are to be included in the incremental cost of a compliance investigation, up to the time that the threshold amount is reached; and
(b) the costs and expenses that are to be included in the post‑threshold incremental cost.
(2) NOPSEMA must keep the records for at least 7 years.
(3) NOPSEMA must:
(a) make the records available for inspection by the operator to whom they relate, on request, at any time during business hours; and
(b) give copies of the records to that operator, on request.
In this Part:
accident has the same meaning as in subsection 6(8) of the Regulatory Levies Act.
dangerous occurrence has the same meaning as in subsection 6(8) of the Regulatory Levies Act.
facility has the same meaning as in subsection 6(8) of the Regulatory Levies Act.
incremental cost means the cost worked out under subregulation 14(2).
inspection has the same meaning as in subsection 6(8) of the Regulatory Levies Act.
notifiable accident or occurrence has the same meaning as in subsection 6(8) of the Regulatory Levies Act.
operator has the same meaning as in subsection 6(8) of the Regulatory Levies Act.
(1) For paragraph 6(1)(c) of the Regulatory Levies Act, the prescribed condition is that the incremental cost of an inspection mentioned in paragraph 6(1)(b) of the Regulatory Levies Act exceeds the threshold amount for the inspection.
(2) The incremental cost of an inspection is the sum of the costs and expenses that NOPSEMA reasonably incurs for the purposes of carrying out the inspection.
(3) For subregulation (2), the costs and expenses that NOPSEMA reasonably incurs for the purposes of carrying out the inspection:
(a) include (but are not limited to) remuneration and other costs in relation to NOPSEMA inspectors and other staff of NOPSEMA who are involved in the inspection; and
(b) do not include any share of fixed overheads.
(4) The threshold amount for an inspection is $30,000.
(5) NOPSEMA must give a notice to an operator, as soon as practicable after the incremental cost of an inspection exceeds the threshold amount, stating that the incremental cost of the inspection exceeds the threshold amount.
Note: See regulation 17 for the use of an independent expert to assess the costs and expenses that NOPSEMA has reasonably incurred.
(1) NOPSEMA may determine, in writing, that it is inappropriate for the operator of a facility specified in the determination to pay the amount of safety investigation levy imposed on a notifiable accident or occurrence.
(2) NOPSEMA may make a determination at any time after the incremental cost of an inspection exceeds the threshold amount for the inspection.
(3) An operator and NOPSEMA may agree, at any time, to the selection and appointment of an independent expert:
(a) to investigate whether NOPSEMA should make a determination under subregulation (1) (whether or not NOPSEMA has previously refused to make a determination); and
(b) to report to NOPSEMA on whether it should make a determination.
(4) NOPSEMA must not unreasonably withhold its agreement to the selection or appointment of the independent expert.
(5) The operator must bear the costs incurred for the services of the independent expert.
(6) After the independent expert has given the report, NOPSEMA:
(a) must consider the report; and
(b) may make a determination under subregulation (1).
(7) The Minister may give directions, in writing, to NOPSEMA with respect to the exercise of its powers and functions under subregulations (3) and (6).
(8) NOPSEMA must comply with the Minister’s directions.
(9) If NOPSEMA makes a determination under subregulation (1):
(a) NOPSEMA must give a copy of the determination to the operator as soon as practicable after making it; and
(b) the determination is taken to have effect on the day on which the incremental cost of the inspection exceeded the threshold amount for the inspection.
(1) For subsection 6(5) of the Regulatory Levies Act:
(a) if NOPSEMA has not made a determination under subregulation 15(1) for a particular inspection, the amount of safety investigation levy imposed on a notifiable accident or occurrence is the post‑threshold incremental cost of the inspection; and
(b) if NOPSEMA has made a determination under subregulation 15(1) for a particular inspection, the amount of safety investigation levy imposed on a notifiable accident or occurrence is zero.
Note: The effect of a determination under subregulation 15(1) is to reduce the amount of safety investigation levy payable to zero, even if the operator has already paid some or all of the levy.
(2) The post‑threshold incremental cost of the inspection is worked out by:
(a) identifying the incremental cost of the inspection on the day when the inspection is complete; and
(b) subtracting the threshold amount.
Note: The costs and expenses that NOPSEMA has reasonably incurred for the purposes of carrying out an inspection may be assessed by an independent expert: see regulation 15.
(3) For paragraph (2)(a), an inspection is taken to be complete on the earlier of:
(a) the day when NOPSEMA refers a brief of evidence to an agency responsible for the prosecution of offences in relation to the proposed prosecution of a person in connection with the accident or dangerous occurrence; and
(b) the day when NOPSEMA, by written notice, informs the operator that the inspection is complete.
Note: The referral of a brief of evidence, or the giving of a notice, does not prevent NOPSEMA or a NOPSEMA inspector from continuing the inspection, or resuming the inspection. However, if the inspection is continued or resumed, no further levy will be payable.
(1) An operator and NOPSEMA may agree, at any time, to the selection and appointment of an independent expert to assess the costs and expenses that NOPSEMA has reasonably incurred for the purposes of carrying out an inspection.
(2) NOPSEMA must not unreasonably withhold its agreement to the selection or appointment of the independent expert.
(3) The operator must bear the costs incurred for the services of the independent expert.
(4) After the independent expert has given a report of the assessment:
(a) NOPSEMA must give a copy of the report to the operator as soon as practicable after receiving it; and
(b) NOPSEMA must consider the report; and
(c) if NOPSEMA has notified the operator of the amount of levy, or the amount of an instalment of levy, that is payable, NOPSEMA may give a notice to the operator:
(i) stating that a revised amount of levy, or a revised amount of an instalment of levy, is payable; or
(ii) withdrawing the notice previously given under subregulation 14(5).
(5) The Minister may give directions, in writing, to NOPSEMA with respect to the exercise of its powers and functions under subregulations (1) and (4).
(6) NOPSEMA must comply with the Minister’s directions.
(1) For subsection 686(1) of the OPGGS Act, this regulation sets out when safety investigation levy is due and payable.
(2) If an inspection continues for 3 months or less, safety investigation levy is payable when the inspection is taken to be complete for subregulation 16(3).
(3) If an inspection continues for more than 3 months, safety investigation levy is payable in instalments:
(a) at the end of each period of 3 months, starting when the inspection starts, during which the inspection continues; and
(b) when the inspection is taken to be complete for subregulation 16(3).
(4) NOPSEMA must notify the operator:
(a) within 14 days after the inspection is taken to be complete for subregulation 16(3); and
(b) if the inspection continues for more than 3 months—within 14 days after the end of each 3 month period;
of the amount of levy, or the amount of an instalment of levy, that is payable.
Note: The amount of safety investigation levy takes into account the post‑threshold incremental cost of an inspection.
(5) However, if NOPSEMA fails to notify the operator in accordance with subregulation (4), the validity of any subsequent notification is not affected by the failure.
(6) For subsection 686(1) of the OPGGS Act, safety investigation levy is due 30 days after NOPSEMA notifies the operator under subregulation (4).
(1) For this Part, NOPSEMA must make records of:
(a) the costs and expenses that are to be included in the incremental cost of an inspection, up to the time that the threshold amount is reached; and
(b) the costs and expenses that are to be included in the post‑threshold incremental cost.
(2) NOPSEMA must keep the records for at least 7 years.
(3) NOPSEMA must:
(a) make the records available for inspection by the operator to whom they relate, on request, at any time during business hours; and
(b) give copies of the records to that operator, on request.
In this Part:
facility has the same meaning as in subsection 7(8) of the Regulatory Levies Act.
major revision , in relation to a safety case for a pipeline, means a revision other than a minor revision.
minor revision , in relation to a safety case for a pipeline, means a revision that is treated as a minor revision under subregulation 22A(2).
mobile facility means a facility of a kind mentioned in Schedule 2.
operator has the same meaning as in subclause 5(1) of Schedule 3 to the OPGGS Act.
pipeline has the same meaning as in section 7 of the OPGGS Act.
pipeline licensee has the meaning given by section 7 of the OPGGS Act.
proposed facility has the same meaning as in clause 3 of Schedule 3 to the OPGGS Act.
safety case in force in relation to a facility has the same meaning as in subsection 7(8) of the Regulatory Levies Act.
variable‑rating facility means a facility mentioned in item 2 of the table in item 2.3 of Schedule 1.Note: Under subsection 7(8) of the Regulatory Levies Act, a
facility includes a proposed facility. Subsection 7(1) of the Regulatory Levies Act imposes safety case levy on a facility:(a) that is located, or proposed to be located, in Commonwealth waters; and
(b) in relation to which a safety case is in force.
A proposed facility is not required to have a safety case in force unless it has commenced to be constructed or installed in Commonwealth waters (in which case it becomes a facility). However, it is possible for an operator to have a safety case accepted by NOPSEMA in relation to a proposed facility: if the safety case is accepted, it is taken to be in force and safety case levy becomes payable.
(1) For subsection 7(4) of the Regulatory Levies Act, and subject to subregulations (2) and (3), the amount of safety case for a facility other than a pipeline levy imposed on a safety case is the sum of:
(a) the SMS amount; and
(b) the facility amount for each facility in relation to which the safety case is in force;
as worked out using Schedule 1.
Note: The effect of Schedule 1 is that an operator will pay only one SMS amount in any year, whether:
(a) one safety case or more than one safety case, is in force in relation to the operator; and
(b) the operator operates facilities in Commonwealth waters, designated coastal waters, or both.
(1A) For subsection 7(4) of the Regulatory Levies Act, and subject to subregulation (4), the amount of safety case levy imposed on a safety case for a facility that is a pipeline is the sum of:
(a) the SMS amount; and
(b) the pipeline amount for each pipeline in relation to which the safety case is in force;
as worked out using Schedule 3.
Note 1: Schedule 3 ensures that the licensee of a pipeline licence will pay only 1 SMS amount per pipeline safety case in any 1 year, whether:
(a) the licensee holds a licence for more than 1 pipeline; or
(b) the licensee holds a licence for a pipeline or pipelines which are located in Commonwealth waters, designated coastal waters or both.
Note 2: Regulation 4 ensures that levy in relation to a pipeline that is located in both designated coastal waters and Commonwealth waters is payable in relation to 1 of those waters.
(2) For subsection 7(4) of the Regulatory Levies Act, if the facility is a mobile facility that:
(a) was first operated in designated coastal waters during a year; and
(b) was then operated in Commonwealth waters during the year;
the facility amount for the facility is zero.
Note: Although there is no facility amount for the mobile facility in respect of its operation in Commonwealth waters, a facility amount will be calculated for the mobile facility in accordance with regulation 29 in respect of its operation in designated coastal waters.
(3) For subsection 7(4) of the Regulatory Levies Act:
(a) if the facility is a proposed facility (within the meaning of regulation 60):
(i) in relation to which the fee mentioned in that regulation has been paid; and
(ii) that has not entered NOPSEMA waters;
the amount of safety case levy imposed on the safety case is zero; and
(b) the safety case in relation to the facility is taken to have come into force for the facility when it first enters NOPSEMA waters.
(4) For subsection 7(4) of the Regulatory Levies Act, if:
(a) the safety case for a pipeline is in force at the start of a year; and
(b) no major revision of the safety case came into force during the previous year;
the amount of safety case levy imposed on the safety case is zero.
(1) For subsection 7(4) of the Regulatory Levies Act, NOPSEMA must ensure, as far as practicable, that the amounts of quarterly or yearly instalments that it notifies to an operator or licensee as being due and payable recover the whole of the amount of levy payable by the operator or licensee in relation to a safety case for a facility for a year, taking into account:
(a) any changes in the applicable facility rating of a variable rating facility; and
(b) any remittal or refund of levy made under regulation 25; and
(c) any previous adjustment of levy made under regulation 26.
(2) If the amounts paid by way of quarterly or yearly instalments during a year are inadequate, or will be inadequate, to recover the whole of the levy payable by the operator or licensee in relation to a safety case for a facility for a year:
(a) NOPSEMA must notify the operator or licensee, in writing, of:
(i) the amount of the shortfall in the instalments; and
(ii) the operator’s or licensee’s obligation under this subregulation to pay the shortfall; and
(b) the operator or licensee must pay an amount equal to the amount of the shortfall; and
(c) the amount is due and payable 30 days after NOPSEMA notifies the operator or licensee under paragraph (a).
When a safety case for a pipeline, or a revision of a safety case, comes into force
(1) A safety case for a pipeline, or a revision of a safety case, is taken to come into force when NOPSEMA accepts the safety case or the revision.
When a revision of a safety case is a minor revision
(2) NOPSEMA may determine, in writing, that a revision of a safety case for a pipeline is a minor revision.
(3) NOPSEMA may make a determination with or without a request by the licensee of the pipeline licence.
Notification of decision
(4) If NOPSEMA determines that a revision is a minor revision, NOPSEMA must notify the licensee of the pipeline licence, in writing, of the decision.
(5) If NOPSEMA refuses to make a determination at the request of the licensee of the pipeline licence:
(a) NOPSEMA must notify the licensee of the pipeline licence, 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 licensee of the pipeline licence may apply for review of the decision by the CEO within 30 days after NOPSEMA notifies the operator.
Review of decision
(6) If the licensee of the pipeline licence 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 licensee of the pipeline licence, the CEO must, as soon as practicable:
(a) review the decision; and
(b) notify the licensee of the pipeline licence, in writing, of:
(i) the decision; and
(ii) if the CEO confirms the refusal to make a determination—the reasons for the decision.
(1) For subsection 687(3) of the OPGGS Act, this regulation sets out when safety case levy is payable in relation to a facility.
(2) Safety case levy is due and payable:
(a) if the facility is not a pipeline—in quarterly instalments; or
(b) if the facility is a pipeline—in annual instalments;
in accordance with the following table.
1 | Facility other than a mobile facility or a pipeline | Levy payable for the quarter or part quarter under Schedule 1 in which the safety case is accepted | 30 days after NOPSEMA notifies the operator that levy is due and payable for the quarter |
2 | Facility other than a mobile facility or a pipeline | Levy payable in respect of any other quarter under Schedule 1 | 30 days after NOPSEMA notifies the operator that levy is due and payable for the quarter |
3 | Mobile facility | Levy payable for the quarter or part quarter under Schedule 1 in which the safety case is accepted | 30 days after NOPSEMA notifies the operator that levy is due and payable for the quarter |
4 | Mobile facility | Levy payable in respect of any other quarter under Schedule 1 | 30 days after NOPSEMA notifies the operator that levy is due and payable for the quarter |
5 | Pipeline | Levy payable for the year in which the safety case is in force on 1 January | The later of: (a) the first working day after 1 January; and
|
6 | Pipeline | Levy payable for the year in which the safety case comes into force after 1 January | 60 days after the safety case comes into force |
Note: NOPSEMA may be required to adjust the amount of safety case levy under regulation 26 to ensure that the correct amount of levy is paid. An adjustment may be necessary because the unit value for the facility has been reduced during the year, or the facility’s applicable facility rating has changed during the year.
(1) For subsection 687(3) of the OPGGS Act, NOPSEMA must notify in writing an operator or a licensee of:
(a) the amount of each instalment of safety case levy that will be due and payable in a year in respect of the facility; and
(b) when each instalment will be payable;
in accordance with the following table.
1 | Facility other than a mobile facility or a pipeline | Year in which safety case is accepted | By the end of the month following the end of the quarter in which the safety case is accepted, and by the end of the month following the end of each subsequent quarter in the year |
2 | Facility other than a mobile facility or a pipeline | Any subsequent year | By the end of the month following the end of each quarter in the year |
3 | Mobile facility | Year in which safety case is accepted | By the end of the month following the end of the quarter in which the safety case is accepted, and by the end of the month following the end of each subsequent quarter in the year |
4 | Mobile facility | Any subsequent year | By the end of the month following the end of each quarter in the year |
5 | Pipeline | Year in which safety case is accepted, or a major revision of a safety case is accepted | Within 30 days of the day on which the safety case, or the major revision of the safety case, comes into force |
(2) However, if NOPSEMA fails to notify the operator in accordance with subregulation (1):
(a) the validity of any subsequent notification is not affected by the failure; and
(b) for a safety case levy in relation to 1 or more mobile facilities—safety case levy is due 30 days after NOPSEMA notifies the operator.
(1) For the purposes of subsections 687(1) and (2) of the OPGGS Act:
(a) a mobile facility is declared to be a facility that operates on an intermittent basis; and
(b) this regulation makes provision for the remittal or refund of part of an amount of safety case levy imposed by the Regulatory Levies Act in respect of a mobile facility and a year.
(2) If part of an amount of safety case levy must be remitted or refunded in accordance with this regulation, and that part has not been paid, NOPSEMA must remit the part.
(3) If part of an amount of safety case levy must be remitted or refunded in accordance with this regulation, and that part has been paid, the Commonwealth must refund the part.
Amounts of facility amounts
(4) Subject to subregulation (5):
(a) an amount of facility amount within an amount of safety case levy must be remitted or refunded in respect of any period in which the mobile facility is not operated in NOPSEMA waters; and
(b) the amount of facility amount within an amount of safety case levy for a quarter (the
relevant quarter ) that must be remitted or refunded is worked out using the formula:where:
facility amount means the facility amount due and payable for the relevant quarter in accordance with Schedule 1.
number of days not operated means the number of days in the relevant quarter on which the mobile facility is not operated in NOPSEMA waters.
(5) A part of an amount of safety case levy must not be remitted or refunded if the effect of the remittal or refund would be that the total amount of facility amount worked out in relation to the mobile facility (whether under regulation 21 or 29) for the period of 4 consecutive quarters ending at the end of the relevant quarter would be less than 1 quarterly instalment of facility amount worked out in relation to the mobile facility in that period using Schedule 1.
Amounts of SMS amounts
(6) Subject to subregulation (7):
(a) an amount of SMS amount within an amount of safety case levy must be remitted or refunded in respect of any period in which no facility of the operator of the mobile facility is in operation in NOPSEMA waters (whether or not the same safety case is in operation in relation to those facilities); and
(b) the amount of SMS amount within an amount of safety case levy for a quarter (the
relevant quarter ) that must be remitted or refunded is worked out using the formula:where:
number of days not operated means the number of days in the relevant quarter on which no facility of the operator of the mobile facility is in operation in NOPSEMA waters.
SMS amount means the SMS amount due and payable for the relevant quarter in accordance with Schedule 1.
(7) An amount of SMS amount must not be remitted or refunded if the effect of the remittal or refund would be that the total amount of SMS amount worked out in relation to the mobile facility (whether under regulation 21 or 29) for the period of 4 consecutive quarters ending at the end of the relevant quarter would be less than 1 quarterly instalment of SMS amount worked out in relation to the mobile facility in that period using Schedule 1.
(1) This regulation applies:
(a) if:
(i) an operator or licensee has not previously informed NOPSEMA about the operation of a facility; and
(ii) the operator or licensee informs NOPSEMA that the operation of the facility has happened, or is projected to happen, in a way that may affect the facility’s applicable facility rating; and
(iii) the nature of the operation would change an amount of safety case levy that has been calculated in relation to the facility but not yet paid; or
(b) if:
(i) an operator or licensee has previously informed NOPSEMA about the operation of a facility; and
(ii) the operator or licensee informs NOPSEMA that operations at the operator’s facility have differed, or are likely to differ, from the operations of which the operator informed NOPSEMA; and
(iii) the nature of the operation would change an amount of safety case levy that has been calculated in relation to the facility but not yet paid; or
(c) if:
(i) NOPSEMA is satisfied that a facility is operating in a particular way; and
(ii) the nature of the operation would change an amount of safety case levy that has been calculated in relation to the facility but not yet paid.
(2) NOPSEMA must make the necessary increase or decrease to the subsequent instalment or instalments.
(3) However, NOPSEMA must not increase or decrease an instalment unless NOPSEMA notifies the operator or licensee of the adjustment at least 14 days prior to the date on which that instalment is due and payable.
(1) The operator of a variable‑rating facility must, as far as practicable, keep NOPSEMA informed about projected and actual operations at the facility that are relevant to working out the facility’s applicable facility rating.
(2) If the operator of a variable‑rating facility becomes aware that operations at the operator’s facility have differed, or are likely to differ, from the operations of which the operator informed NOPSEMA, the operator must, as soon as practicable, notify NOPSEMA of the change.
In this Part:
facility has the same meaning as in subsection 8(8) of the Regulatory Levies Act.
major revision , in relation to a safety case for a pipeline, means a revision other than a minor revision.
minor revision , in relation to a safety case for a pipeline, means a revision that is treated as a minor revision under subregulation 22A(2).
mobile facility means a facility of a kind mentioned in Schedule 2.
operator has the same meaning as in subsection 8(8) of the Regulatory Levies Act.
pipeline has the same meaning as in section 7 of the OPGGS Act.
pipeline licensee has the meaning given by section 7 of the OPGGS Act.
proposed facility has the same meaning as in subsection 8(8) of the Regulatory Levies Act.
safety case in force in relation to a facility has the same meaning as in subsection 8(8) of the Regulatory Levies Act.
variable‑rating facility means a facility mentioned in item 2 of the table in item 2.3 of Schedule 1.Note: Under subsection 8(8) of the Regulatory Levies Act, a
facility includes a proposed facility. Subsection 8(1) of the Regulatory Levies Act imposes safety case levy on a facility:(a) that is located, or proposed to be located, in the designated coastal waters of a State or of the Northern Territory; and
(b) in relation to which a safety case is in force.
A proposed facility is not required to have a safety case in force unless it has commenced to be constructed or installed in designated coastal waters (in which case it becomes a facility). However, it is possible for an operator to have a safety case accepted by NOPSEMA in relation to a proposed facility: if the safety case is accepted, it is taken to be in force and safety case levy becomes payable.
(1) For subsection 8(4) of the Regulatory Levies Act, and subject to subregulations (2) and (3), the amount of safety case levy imposed on a safety case for a facility other than a pipeline is the sum of:
(a) the SMS amount; and
(b) the facility amount for each facility in relation to which the safety case is in force;
as worked out using Schedule 1.
Note: The effect of Schedule 1 is that an operator will pay only one SMS amount in any year, whether:
(a) one safety case or more than one safety case, is in force in relation to the operator; and
(b) the operator operates facilities in designated coastal waters, Commonwealth waters, or both.
(1A) For subsection 8(4) of the Regulatory Levies Act, and subject to subregulation (4), the amount of safety case levy imposed on a safety case for a facility that is a pipeline, is the sum of:
(a) the SMS amount; and
(b) the pipeline amount for each pipeline in relation to which the safety case is in force;
as worked out using Schedule 3.
Note 1: Schedule 3 ensures that the licensee of a pipeline licence will pay only 1 SMS amount per pipeline safety case in any 1 year, whether:
(a) the licensee holds a licence for more than 1 pipeline; or
(b) the licensee holds a licence for a pipeline or pipelines which are located in Commonwealth waters, designated coastal waters or both.
Note 2: Regulation 4 ensures that levy in relation to a pipeline that is located in both designated coastal waters and Commonwealth waters is payable in relation to 1 of those waters.
(2) For subsection 8(4) of the Regulatory Levies Act, if the facility is a mobile facility that:
(a) was first operated in Commonwealth waters during a year; and
(b) was then operated in designated coastal waters during the year;
the facility amount for the facility is zero.
Note: Although there is no facility amount for the mobile facility in respect of its operation in designated coastal waters, a facility amount will be calculated for the mobile facility in accordance with regulation 21 in respect of its operation in Commonwealth waters.
(3) For subsection 8(4) of the Regulatory Levies Act:
(a) if the facility is a proposed facility (within the meaning of regulation 60):
(i) in relation to which the fee mentioned in that regulation has been paid; and
(ii) that has not entered NOPSEMA waters;
the amount of safety case levy imposed on the safety case is zero; and
(b) the safety case in relation to the facility is taken to have come into force for the facility when it first enters NOPSEMA waters.
(4) For subsection 8(4) of the Regulatory Levies Act, if:
(a) the safety case for a pipeline is in force at the start of a year; and
(b) no major revision of the safety case came into force during the previous year;
the amount of safety case levy imposed on the safety case is zero.
(1) For subsection 8(4) of the Regulatory Levies Act, NOPSEMA must ensure, as far as practicable, that the amounts of quarterly or yearly instalments that it notifies to an operator or licensee as being due and payable recover the whole of the amount of levy payable by the operator or licensee in relation to a safety case for a facility for a year, taking into account:
(a) any changes in the applicable facility rating of a variable rating facility; and
(b) any remittal or refund of levy made under regulation 33; and
(c) any previous adjustment of levy made under regulation 34.
(2) If the amounts paid by way of quarterly or yearly instalments during a year are inadequate, or will be inadequate, to recover the whole of the levy payable by the operator or licensee in relation to a safety case for a facility for a year:
(a) NOPSEMA must notify the operator or licensee, in writing, of:
(i) the amount of the shortfall in the instalments; and
(ii) the operator’s or licensee’s obligation under this subregulation to pay the shortfall; and
(b) the operator or licensee must pay an amount equal to the amount of the shortfall; and
(c) the amount is due and payable 30 days after NOPSEMA notifies the operator or licensee under paragraph (a).
When a safety case for a pipeline, or a revision of a safety case, comes into force
(1) A safety case for a pipeline, or a revision of a safety case, is taken to come into force when NOPSEMA accepts the safety case or the revision.
When a revision of a safety case is a minor revision
(2) NOPSEMA may determine, in writing, that a revision of a safety case for a pipeline is a minor revision.
(3) NOPSEMA may make a determination with or without a request by the licensee of the pipeline licence.
Notification of decision
(4) If NOPSEMA determines that a revision is a minor revision, NOPSEMA must notify the licensee of the pipeline licence, in writing, of the decision.
(5) If NOPSEMA refuses to make a determination at the request of the licensee of the pipeline licence:
(a) NOPSEMA must notify the licensee of the pipeline licence, 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 licensee of the pipeline licence may apply for review of the decision by the CEO within 30 days after NOPSEMA notifies the operator.
Review of decision
(6) If a licensee of the pipeline licence applies to the CEO for review of a decision by a delegate of the CEO to refuse to make a determination at the request of the licensee of the pipeline licence, the CEO must, as soon as practicable:
(a) review the decision; and
(b) notify the licensee of the pipeline licence, in writing, of:
(i) the decision; and
(ii) if the CEO confirms the refusal to make a determination—the reasons for the decision.
(1) For subsection 687(3) of the OPGGS Act, this regulation sets out when safety case levy is payable in relation to a facility.
(2) Safety case levy is due and payable:
(a) if the facility is not a pipeline—in quarterly instalments; or
(b) if the facility is a pipeline—in annual instalments;
in accordance with the following table.
1 | Facility other than a mobile facility or a pipeline | Levy payable for the quarter or part quarter under Schedule 1 in which the safety case is accepted | 30 days after NOPSEMA notifies the operator that levy is due and payable for the quarter |
2 | Facility other than a mobile facility or a pipeline | Levy payable in respect of any other quarter under Schedule 1 | 30 days after NOPSEMA notifies the operator that levy is due and payable for the quarter |
3 | Mobile facility | Levy payable for the quarter or part quarter under Schedule 1 in which the safety case is accepted | 30 days after NOPSEMA notifies the operator that levy is due and payable for the quarter |
4 | Mobile facility | Levy payable in respect of any other quarter under Schedule 1 | 30 days after NOPSEMA notifies the operator that levy is due and payable for the quarter |
5 | Pipeline | Levy payable for the year in which the safety case is in force on 1 January | The later of: (a) the first working day after 1 January; and
|
6 | Pipeline | Levy payable for the year in which the safety case comes into force after 1 January | 60 days after the safety case comes into force |
Note: NOPSEMA may be required to adjust the amount of safety case levy under regulation 34 to ensure that the correct amount of levy is paid. An adjustment may be necessary because the unit value for the facility has been reduced during the year, or the facility’s applicable facility rating has changed during the year.
(1) For subsection 687(3) of the OPGGS Act, NOPSEMA must notify in writing an operator or a licensee of:
(a) the amount of each instalment of safety case levy that will be due and payable in a year in respect of the facility; and
(b) when each instalment will be payable;
in accordance with the following table.
1 | Facility other than a mobile facility or a pipeline | Year in which safety case is accepted | By the end of the month following the end of the quarter in which the safety case is accepted, and by the end of the month following the end of each subsequent quarter in the year |
2 | Facility other than a mobile facility or a pipeline | Any subsequent year | By the end of the month following the end of each quarter in the year |
3 | Mobile facility | Year in which the safety case is accepted | By the end of the month following the end of the quarter in which the safety case is accepted, and by the end of the month following the end of each subsequent quarter in the year |
4 | Mobile facility | Any subsequent year | By the end of the month following the end of each quarter in the year |
5 | Pipeline | Year in which the safety case is accepted, or a major revision of a safety case is accepted | Within 30 days of the day on which the safety case, or the major revision of the safety case, comes into force. |
(2) However, if NOPSEMA fails to notify the operator in accordance with subregulation (1):
(a) the validity of any subsequent notification is not affected by the failure; and
(b) for a safety case levy in relation to 1 or more mobile facilities—safety case levy is due 30 days after NOPSEMA notifies the operator.
(1) For the purposes of subsections 687(1) and (2) of the OPGGS Act:
(a) a mobile facility is declared to be a facility that operates on an intermittent basis; and
(b) this regulation makes provision for the remittal or refund of part of an amount of safety case levy imposed by the Regulatory Levies Act in respect of a mobile facility and a year.
(2) If part of an amount of safety case levy must be remitted or refunded in accordance with this regulation, and that part has not been paid, NOPSEMA must remit the part.
(3) If part of an amount of safety case levy must be remitted or refunded in accordance with this regulation, and that part has been paid, the Commonwealth must refund the part.
Amounts of facility amounts
(4) Subject to subregulation (5):
(a) an amount of facility amount within an amount of safety case levy must be remitted or refunded in respect of any period in which the mobile facility is not operated in NOPSEMA waters; and
(b) the amount of facility amount within an amount of safety case levy for a quarter (the
relevant quarter ) that must be remitted or refunded is worked out using the formula:where:
facility amount means the facility amount due and payable for the relevant quarter in accordance with Schedule 1.
number of days not operated means the number of days in the relevant quarter on which the mobile facility is not operated in NOPSEMA waters.
(5) A part of an amount of safety case levy must not be remitted or refunded if the effect of the remittal or refund would be that the total amount of facility amount worked out in relation to the mobile facility (whether under regulation 21 or 29) for the period of 4 consecutive quarters ending at the end of the relevant quarter would be less than 1 quarterly instalment of facility amount worked out in relation to the mobile facility in that period using Schedule 1.
Amounts of SMS amounts
(6) Subject to subregulation (7):
(a) an amount of SMS amount within an amount of safety case levy must be remitted or refunded in respect of any period in which no facility of the operator of the mobile facility is in operation in NOPSEMA waters (whether or not the same safety case is in operation in relation to those facilities); and
(b) the amount of SMS amount within an amount of safety case levy for a quarter (the
relevant quarter ) that must be remitted or refunded is worked out using the formula:where:
number of days not operated means the number of days in the relevant quarter on which no facility of the operator of the mobile facility is in operation in NOPSEMA waters.
SMS amount means the SMS amount due and payable for the relevant quarter in accordance with Schedule 1.
(7) An amount of SMS amount must not be remitted or refunded if the effect of the remittal or refund would be that the total amount of SMS amount worked out in relation to the mobile facility (whether under regulation 21 or 29) for the period of 4 consecutive quarters ending at the end of the relevant quarter would be less than 1 quarterly instalment of SMS amount worked out in relation to the mobile facility in that period using Schedule 1.
(1) This regulation applies:
(a) if:
(i) an operator or licensee has not previously informed NOPSEMA about the operation of a facility; and
(ii) the operator or licensee informs NOPSEMA that the operation of the facility has happened, or is projected to happen, in a way that may affect the facility’s applicable facility rating; and
(iii) the nature of the operation would change an amount of safety case levy that has been calculated in relation to the facility but not yet paid; or
(b) if:
(i) an operator or licensee has previously informed NOPSEMA about the operation of a facility; and
(ii) the operator or licensee informs NOPSEMA that operations at the operator’s facility have differed, or are likely to differ, from the operations of which the operator or licensee informed NOPSEMA; and
(iii) the nature of the operation would change an amount of safety case levy that has been calculated in relation to the facility but not yet paid; or
(c) if:
(i) NOPSEMA is satisfied that a facility is operating in a particular way; and
(ii) the nature of the operation would change an amount of safety case levy that has been calculated in relation to the facility but not yet paid.
(2) NOPSEMA must make the necessary increase or decrease to the subsequent instalment or instalments.
(3) However, NOPSEMA must not increase or decrease an instalment unless NOPSEMA notifies the operator or licensee of the adjustment at least 14 days prior to the date on which that instalment is due and payable.
(1) The operator of a variable‑rating facility must, as far as practicable, keep NOPSEMA informed about projected and actual operations at the facility that are relevant to working out the facility’s applicable facility rating.
(2) If the operator of a variable‑rating facility becomes aware that operations at the operator’s facility have differed, or are likely to differ, from the operations of which the operator informed NOPSEMA, the operator must, as soon as practicable, notify NOPSEMA of the change.
In this Part:
Commonwealth DPP means the Director of Public Prosecutions of the Commonwealth.
compliance investigation has the meaning given by section 3 of the Regulatory Levies Act.
eligible title has the meaning given by section 9 of the Regulatory Levies Act.
levy period means a period of 3 months mentioned in paragraph 9(1)(f) or (g) of the Regulatory Levies Act.
registered holder , in relation to an eligible title, has the meaning given by section 7 of the OPGGS Act.
well investigation levy has the meaning given by section 9 of the Regulatory Levies Act.
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.
(1) NOPSEMA may determine, in writing, that it is inappropriate for the registered holder of an eligible title to pay well investigation levy imposed on a compliance investigation under section 9 of the Regulatory Levies Act.
(2) NOPSEMA may make a determination at any time after well investigation levy is first imposed on a compliance investigation.
(3) The registered holder and NOPSEMA may agree, at any time, to the selection and appointment of an independent expert:
(a) to investigate whether NOPSEMA should make a determination under subregulation (1) (whether or not NOPSEMA has previously refused to make a determination); and
(b) to report to NOPSEMA on whether it should make a determination.
(4) NOPSEMA must not unreasonably withhold its agreement to the selection or appointment of the independent expert.
(5) The registered holder must bear the costs incurred for the services of the independent expert.
(6) After the independent expert has given the report, NOPSEMA:
(a) must consider the report; and
(b) may make a determination under subregulation (1).
(7) The Minister may give directions, in writing, to NOPSEMA with respect to the exercise of its powers and functions under subregulations (3) and (6).
(8) NOPSEMA must comply with the Minister’s directions.
(9) If NOPSEMA makes a determination under subregulation (1):
(a) NOPSEMA must give a copy of the determination to the registered holder as soon as practicable after making it; and
(b) the determination is taken to:
(i) have effect on the day on which levy was first imposed on the compliance investigation; and
(ii) cover every levy period that occurs during the compliance investigation.
(1) For subsection 9(4) of the Regulatory Levies Act, the table sets out the amount of well investigation levy imposed on a compliance investigation, depending on whether there is a determination under subregulation 37(1) for the compliance investigation.
1 | No | The costs and expenses reasonably incurred by NOPSEMA in relation to the conduct of the compliance investigation during the period |
2 | Yes | Zero |
Note: The effect of a determination under subregulation 37(1) is to reduce the amount of well investigation levy payable for a compliance investigation to zero for all levy periods that occur during the compliance investigation, even if the registered holder of an eligible title has already paid levy in respect of one or more levy periods.
When compliance investigation ends
(2) For this regulation, a compliance investigation is taken to continue to be conducted until the day on which:
(a) NOPSEMA refers a brief of evidence to the Commonwealth DPP in relation to the compliance investigation and to the proposed prosecution of a person concerning a contravention or possible contravention of subclause 13A(1) or (2) of Schedule 3 to the OPGGS Act; or
(b) NOPSEMA, by written notice, informs the registered holder of an eligible title that the compliance investigation is complete.
(3) If an event mentioned in paragraph (2)(a) occurs in relation to an eligible title, NOPSEMA must notify the registered holder of the eligible title, in writing, as soon as practicable after it occurs.
(1) The registered holder of an eligible title and NOPSEMA may agree, at any time, to the selection and appointment of an independent expert to assess the costs and expenses that NOPSEMA has reasonably incurred for the purposes of carrying out a compliance investigation.
(2) NOPSEMA must not unreasonably withhold its agreement to the selection or appointment of the independent expert.
(3) The registered holder must bear the costs incurred for the services of the independent expert.
(4) After the independent expert has given a report of the assessment:
(a) NOPSEMA must give a copy of the report to the registered holder as soon as practicable after receiving it; and
(b) NOPSEMA must consider the report; and
(c) if NOPSEMA has notified the registered holder of the amount of levy that is payable for a levy period—NOPSEMA may give a notice to the registered holder stating that a revised amount of levy is payable for the period.
(5) The Minister may give directions, in writing, to NOPSEMA with respect to the exercise of its powers and functions under subregulations (1) and (4).
(6) NOPSEMA must comply with the Minister’s directions.
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.
This Division applies in relation to:
(a) a compliance investigation concerning a contravention or possible contravention of subclause 13A(1) or (2) of Schedule 3 to the OPGGS Act; and
(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.
(1) For subsection 688(1) of the OPGGS Act, this regulation sets out when well investigation levy is due and payable.
(2) Well investigation levy imposed in respect of a levy period is payable as follows:
(a) if the compliance investigation is completed during the levy period because of an event mentioned in subregulation 38(2), the levy is payable on the day on which the event occurs;
(b) if paragraph (a) does not apply, the levy is payable at the end of the levy period.
(3) NOPSEMA must notify the registered holder of an eligible title of the amount of levy that is payable in respect of a levy period within 14 days after the amount becomes payable.
(4) However, if NOPSEMA fails to notify the registered holder in accordance with subregulation (3), the validity of any subsequent notification is not affected by the failure.
(5) For subsection 688(1) of the OPGGS Act, well investigation levy is due 30 days after NOPSEMA notifies the registered holder under subregulation (3).
(1) NOPSEMA must make records of the costs and expenses that are to be included in the cost of a compliance investigation.
(2) In particular, NOPSEMA must make the following records:
(a) a statement that the costs and expenses incurred have reached $30,000;
(b) a statement of the costs and expenses incurred in respect of the first levy period;
(c) a statement of the costs and expenses incurred in respect of each individual successive levy period.
(3) NOPSEMA must keep the records for at least 7 years.
(4) NOPSEMA must:
(a) make the records available for inspection by the registered holder of an eligible title to whom they relate, on request, at any time during business hours; and
(b) give copies of the records to that registered holder, on request.
In this Part:
inspection has the meaning given by subsection 10(5) of the Regulatory Levies Act.
levy period means a period of 3 months mentioned in paragraph 10(1)(f) or (g) of the Regulatory Levies Act.
registered holder , in relation to a State/Territory title, has the meaning given by subsection 10(5) of the Regulatory Levies Act.
State/Territory title has the meaning given by section 10 of the Regulatory Levies Act.
well investigation levy has the meaning given by section 10 of the Regulatory Levies Act.
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.
(1) NOPSEMA may determine, in writing, that it is inappropriate for the registered holder of a State/Territory title to pay well investigation levy imposed on an inspection under section 10 of the Regulatory Levies Act.
(2) NOPSEMA may make a determination at any time after the well investigation levy is first imposed on an inspection.
(3) The registered holder and NOPSEMA may agree, at any time, to the selection and appointment of an independent expert:
(a) to investigate whether NOPSEMA should make a determination under subregulation (1) (whether or not NOPSEMA has previously refused to make a determination); and
(b) to report to NOPSEMA on whether it should make a determination.
(4) NOPSEMA must not unreasonably withhold its agreement to the selection or appointment of the independent expert.
(5) The registered holder must bear the costs incurred for the services of the independent expert.
(6) After the independent expert has given the report, NOPSEMA:
(a) must consider the report; and
(b) may make a determination under subregulation (1).
(7) The Minister may give directions, in writing, to NOPSEMA with respect to the exercise of its powers and functions under subregulations (3) and (6).
(8) NOPSEMA must comply with the Minister’s directions.
(9) If NOPSEMA makes a determination under subregulation (1):
(a) NOPSEMA must give a copy of the determination to the registered holder as soon as practicable after making it; and
(b) the determination is taken to:
(i) have effect on the day on which the levy was first imposed on the inspection; and
(ii) cover every levy period that occurs during the inspection.
(1) For subsection 10(4) of the Regulatory Levies Act, the table sets out the amount of well investigation levy imposed on an inspection, depending on whether there is a determination under subregulation 43(1) for the inspection.
1 | No | The costs and expenses reasonably incurred by NOPSEMA in relation to the conduct of the inspection during the period |
2 | Yes | Zero |
Note: The effect of a determination under subregulation 43(1) is to reduce the amount of well investigation levy payable for an inspection to zero for all levy periods that occur during the inspection, even if the registered holder of a State/Territory title has already paid levy in respect of one or more levy periods.
When inspection ends
(2) For this regulation, an inspection is taken to continue to be conducted until the day on which:
(a) NOPSEMA refers a brief of evidence to a prosecuting agency in relation to the inspection and to the proposed prosecution of a person concerning a contravention or possible contravention of a corresponding provision; or
(b) NOPSEMA, by written notice, informs the registered holder of a State/Territory title that the inspection is complete.
(3) If an event mentioned in paragraph (2)(a) occurs in relation to a State/Territory title, NOPSEMA must notify the registered holder of the title, in writing, as soon as practicable after it occurs.
(4) In this regulation:
corresponding provision means a provision of a State or Territory PSLA that substantially corresponds to subclause 13A(1) or (2) of Schedule 3 to the OPGGS Act.
prosecuting agency means the agency responsible for the prosecution of an offence in a corresponding provision.
(1) The registered holder of a State/Territory title and NOPSEMA may agree, at any time, to the selection and appointment of an independent expert to assess the costs and expenses that NOPSEMA has reasonably incurred for the purposes of carrying out an inspection.
(2) NOPSEMA must not unreasonably withhold its agreement to the selection or appointment of the independent expert.
(3) The registered holder must bear the costs incurred for the services of the independent expert.
(4) After the independent expert has given a report of the assessment:
(a) NOPSEMA must give a copy of the report to the registered holder as soon as practicable after receiving it; and
(b) NOPSEMA must consider the report; and
(c) if NOPSEMA has notified the registered holder of the amount of levy that is payable for a levy period—NOPSEMA may give a notice to the registered holder stating that a revised amount of levy is payable for the period.
(5) The Minister may give directions, in writing, to NOPSEMA with respect to the exercise of its powers and functions under subregulations (1) and (4).
(6) NOPSEMA must comply with the Minister’s directions.
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.
This Division applies in relation to:
(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
(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.
(1) For subsection 688(1) of the OPGGS Act, this regulation sets out when well investigation levy is due and payable.
(2) Well investigation levy imposed in respect of a levy period is payable as follows:
(a) if the inspection is completed during the levy period because of an event mentioned in subregulation 44(2), the levy is payable on the day on which the event occurs;
(b) if paragraph (a) does not apply, the levy is payable at the end of the levy period.
(3) NOPSEMA must notify the registered holder of a State/Territory title of the amount of levy that is payable in respect of a levy period within 14 days after the amount becomes payable.
(4) However, if NOPSEMA fails to notify the registered holder in accordance with subregulation (3), the validity of any subsequent notification is not affected by the failure.
(5) For subsection 688(1) of the OPGGS Act, well investigation levy is due 30 days after NOPSEMA notifies the registered holder under subregulation (3).
(1) NOPSEMA must make records of the costs and expenses that are to be included in the cost of an inspection.
(2) In particular, NOPSEMA must make the following records:
(a) a statement that the costs and expenses incurred have reached $30,000;
(b) a statement of the costs and expenses incurred in respect of the first levy period;
(c) a statement of the costs and expenses incurred in respect of each individual successive levy period.
(3) NOPSEMA must keep the records for at least 7 years.
(4) NOPSEMA must:
(a) make the records available for inspection by the registered holder of a State/Territory title to whom they relate, on request, at any time during business hours; and
(b) give copies of the records to that registered holder, on request.
In this Part:
annual well levy has the meaning given by section 10A of the Regulatory Levies Act.
eligible title has the meaning given by section 10A of the Regulatory Levies Act.
eligible well has the meaning given by section 10A of the Regulatory Levies Act.
petroleum title has the meaning given by clause 3 of Schedule 3 to the OPGGS Act.
This Subdivision applies to annual well levy on an eligible well in relation to an eligible title that is a petroleum title.
For the purposes of subsection 10A(4) of the Regulatory Levies Act, the amount of annual well levy is $5,000 per eligible well in relation to the petroleum title for the year.
(1) For subsection 688A(1) of the OPGGS Act, this regulation sets out when annual well levy is due and payable.
(2) Annual well levy is payable on 1 January of any year in respect of which annual well levy is imposed by subsection 10A(1) of the Regulatory Levies Act.
(4) For subsection 688A(1) of the OPGGS Act, annual well levy is due 30 days after the levy becomes payable.
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).
In this Part:
annual well levy has the meaning given by section 10B of the Regulatory Levies Act.
eligible well has the meaning given by section 10B of the Regulatory Levies Act.
State/Territory petroleum title has the meaning given by subsection 10B(8) of the Regulatory Levies Act.
State/Territory title has the meaning given by section 10B of the Regulatory Levies Act.
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.
For the purposes of subsection 10B(4) of the Regulatory Levies Act, the amount of annual well levy is $5,000 per eligible well in relation to the State/Territory title for the year.
(1) For subsection 688A(1) of the OPGGS Act, this regulation sets out when annual well levy is due and payable.
(2) Annual well levy is payable on 1 January of any year in respect of which annual well levy is imposed by subsection 10B(1) of the Regulatory Levies Act.
(4) For subsection 688A(1) of the OPGGS Act, annual well levy is due 30 days after the levy becomes payable.
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).
In this Part:
eligible title has the meaning given by section 10C of the Regulatory Levies Act.
petroleum title has the meaning given by section 10C of the Regulatory Levies Act.
registered holder , in relation to an eligible title, has the meaning given by section 7 of the OPGGS Act.
Resource Management and Administration Regulations means theOffshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 .
well activity levy has the meaning given by section 10C of the Regulatory Levies Act.
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.
For the purposes of subsection 10C(4) of the Regulatory Levies Act, the table sets out the amount of well activity levy imposed on an application or submission mentioned in subsection 10C(1) of that Act.
1 | Application for acceptance of a well operations management plan | $42,400 |
2 | Submission of a proposed revision of a well operations management plan | $42,400 |
(1) For subsection 688B(1) of the OPGGS Act, this regulation sets out when well activity levy becomes due and payable.
(2) Well activity levy is payable at the time a registered holder of an eligible title:
(a) submits an application to NOPSEMA under regulation 5.06 of the Resource Management and Administration Regulations for acceptance of a well operations management plan; or
(b) submits to NOPSEMA, under regulation 5.13 of the Resource Management and Administration Regulations, a proposed revision of a well operations management plan.
(3) For subsection 688B(1) of the OPGGS Act, well activity levy is due 30 days after the levy becomes payable.
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.
In this Part:
old Resource Management and Administration Regulations means the Resource Management and Administration Regulations as in force immediately before the commencement of theOffshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Well Operations) Regulation 2015 .
registered holder , in relation to a State/Territory title, has the meaning given by subsection 10D(6) of the Regulatory Levies Act.
Resource Management and Administration Regulations means theOffshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 .
5 | ||
5 | Floating production storage and offloading facility | 6 |
6 | Mobile offshore drilling unit or drill‑ship | 6 |
7 | Vessel for laying pipes for a petroleum or a greenhouse gas substance | 5 |
8 | Vessel or structure used for: (a) doing work on an existing pipe; or | 3 |
| ||
| ||
9 | Floating storage unit linked to a production platform | 3 |
10 | Monopod, well head platform or other small production or injection facility with no accommodation | 1 |
11 | Vessel or structure not otherwise listed above | 3 |
Note: Items 3 and 4 are variable‑rating facilities.
2.4 If the facility is a variable‑rating facility, the facility’s applicable facility rating for a quarter is:
(a) the rating that applies to the facility for the greater number of days in that quarter; or
(b) if both ratings apply for the same number of days—the higher rating.
2.5 If a facility (including a variable‑rating facility) can be described using more than 1 item, the item that most accurately describes the facility is the appropriate item.
Note: If a facility changes its description during a year, the calculation of safety case levy will need to reflect any change to the applicable facility rating.
2.6 For the purposes of this Part, the
unit value for a facility is $42,400.
3.1 In this Part:
facility means a facility to which the definition of that word in subsection 7(8) or 8(8) of the Regulatory Levies Act applies.
safety case in force in relation to a facility means a safety case to which the definition of that expression in subsection 7(8) or 8(8) of the Regulatory Levies Act applies.
3.2 An operator is required to pay only one SMS amount in relation to a year.
Note: An operator may have one or more safety cases in force, in relation to different facilities, at a particular time.
3.3 The SMS amount for a safety case in force in relation to a facility is worked out using the following table and the rules in clause 3.4.
1 |
| $205,700 |
2 |
(b) all of the facilities are mobile facilities | $136,700 |
3 |
| $205,700 |
4 |
| $136,700 |
3.4 The table in clause 3.3 is to be applied using the following rules:
(a) if item 1 of the table applies to a safety case of the operator:
(i) the SMS amount mentioned in column 2 of the item is payable in relation to that safety case; and
(ii) no SMS amount is payable in relation to any other safety case of the operator;
(b) if item 1 does not apply to any safety case of the operator, but item 2 applies to a safety case of the operator:
(i) the SMS amount mentioned in column 2 of item 2 is payable in relation to that safety case; and
(ii) no SMS amount is payable in relation to any other safety case of the operator;
(c) if item 3 applies to a safety case of the operator:
(i) the SMS amount mentioned in column 2 of the item is payable in relation to that safety case; and
(ii) no SMS amount is payable in relation to any other safety case of the operator;
(d) if item 3 does not apply to any safety case of the operator, but item 4 applies to a safety case of the operator:
(i) the SMS amount mentioned in column 2 of item 4 is payable in relation to that safety case; and
(ii) no SMS amount is payable in relation to any other safety case of the operator.
Note: Because the operator will be required to pay only one SMS amount for a year under clause 3.2, the operator will not be required to pay a second SMS amount as part of another safety case levy (for example, if the operator has safety cases in relation to both Commonwealth waters and designated coastal waters).
(regulations 20 and 28, definition of
mobile facility )
1 Mobile offshore drilling unit or drill‑ship
2 Vessel used for:
(a) doing work on an existing pipe; or
(b) laying pipes for petroleum, or a greenhouse gas substance
3 Vessel or structure used for the erection, dismantling or decommissioning of a facility
4 Accommodation facility used for persons working on another facility
Note: A mobile facility mentioned in this Schedule may operate intermittently. See regulations 25 and 33 for when a part of an amount of safety case levy imposed by the Regulatory Levies Act in respect of a mobile facility and a year must be remitted or refunded.
(subregulations 21(1A) and 29(1A))
1.1 To work out the pipeline amount for a pipeline, multiply:
(a) the pipeline’s applicable pipeline rating; and
(b) the unit value.
1.2 The applicable pipeline rating for a pipeline described in an item in the following table is the number set out in the item.
1 | No sub‑sea development or manifold connected to the pipeline | 1 |
2 | One or 2 sub‑sea developments or manifolds connected to the pipeline | 2 |
3 | More than 2 sub‑sea developments or manifolds connected to the pipeline | 3 |
1.3 For the purposes of this Part, the
unit value for a pipeline is $16,950.
2.1 The licensee of a pipeline licence is required to pay only 1 SMS amount in relation to a year.
2.2 The SMS amount is $67,800.
Note: Because the licensee of a pipeline licence will be required to pay only 1 SMS amount for a year under clause 2.1, the licensee will not be required to pay a second SMS amount if another pipeline is operated under the same safety case.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
315, 2004 | 11 Nov 2004 | 1 Jan 2005 (r 2) | |
251, 2006 | 22 Sept 2006 (F2006L03105) | 23 Sept 2006 (r 2) | — |
381, 2009 | 16 Dec 2009 (F2009L04440) | 1 Jan 2010 (r 2) | r 4 |
121, 2010 | 7 June 2010 (F2010L01498) | 8 June 2010 (r 2) | — |
330, 2010 | 14 Dec 2010 (F2010L03197) | 1 Jan 2011 (r 2) | — |
106, 2011 | 17 June 2011 (F2011L01071) | 17 June 2011 (r 2) | — |
252, 2011 | 15 Dec 2011 (F2011L02685) | 1 Jan 2012 (r 2) | — |
306, 2012 | 17 Dec 2012 (F2012L02494) | 1 Jan 2013 (s 2) | — |
239, 2013 | 8 Nov 2013 (F2013L01913) | 9 Nov 2013 (s 2) | — |
273, 2013 | 16 Dec 2013 (F2013L02117) | 1 Jan 2014 (s 2) | — |
5, 2014 | 19 Feb 2014 (F2014L00157) | Sch 1 (items 100–103): 28 Feb 2014 (s 2 item 2) | — |
202, 2014 | 17 Dec 2014 (F2014L01744) | Sch 1: 17 Jan 2015 (s 2 item 2) | — |
154, 2015 | 4 Sept 2015 (F2015L01402) | Sch 1 (items 1–11): 1 Jan 2016 (s 2(1) item 1) | — |
251, 2015 | 17 Dec 2015 (F2015L02064) | 1 Jan 2016 (s 2(1) item 1) | — |
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment (Annual Titles Administration Levy) Regulation 2016 | 9 May 2016 (F2016L00698) | 1 July 2016 (s 2(1) item 1) | — |
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment (Safety Case and Environment Plan Levies) Regulations 2017 | 15 Dec 2017 (F2017L01624) | 16 Dec 2017 (s 2(1) item 1) | — |
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Regulations 2018 | 26 Nov 2018 (F2018L01605) | 1 Jan 2019 (s 2(1) item 1) | — |
Offshore Petroleum and Greenhouse Gas Storage (Environment) Amendment (Consultation and Transparency) Regulations 2019 | 25 Mar 2019 (F2019L00370) | Sch 1 (items 26, 27): 25 Apr 2019 (s 2(1) item 1) | — |
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Greenhouse Gas Storage) Regulations 2020 | 3 Apr 2020 (F2020L00400) | Sch 1 (items 1–7): 4 Apr 2020 (s 2(1) item 2) Sch 1 (items 8–113): 28 Apr 2020 (s 2(1) items 3, 4, 5, 6) | — |
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment (Cross‑boundary Greenhouse Gas Storage) Regulations 2020 | 18 Sept 2020 (F2020L01177) | 1 Oct 2020 (s 2(1) item 1) | — |
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment (Levy Amounts) Regulations 2021 | 12 Nov 2021 (F2021L01551) | 1 Jan 2022 (s 2(1) item 1) | — |
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment (Titles Administration) Regulations 2021 | 9 Dec 2021 (F2021L01746) | 2 Mar 2022 (s 2(1) item 1) | — |
r 1............................................. | rs 2009 No 381; 2011 No 106 |
r 2............................................. | rep LA s 48D |
r 3............................................. | am 2009 No 381; 2011 No 106; 2011 No 252; F2020L00400 |
r 4............................................. | rs 2006 No 251 |
am 2009 No 381; F2020L00400 | |
r 5............................................. | rep 2006 No 251 |
r 6............................................. | rs 2009 No 381 |
am 2011 No 106; F2020L00400 | |
r 7............................................. | am 2009 No 381; 2011 No 106; 2011 No 252; F2020L00400 |
ed C20 | |
r 8............................................. | am 2011 No 252; F2020L00400 |
r 9............................................. | am 2009 No 381; 2011 No 106; 2011 No 252; F2020L00400 |
r 10............................................ | am 2011 No 252; F2020L00400 |
r 11............................................ | am 2009 No 381; 2011 No 252; F2020L00400 |
r 12............................................ | am 2011 No 252; F2020L00400 |
r 13............................................ | rs 2009 No 381 |
am 2011 No 106 | |
r 14............................................ | am 2009 No 381; 2011 No 106; 2011 No 252; F2020L00400 |
ed C20 | |
r 15............................................ | am 2011 No 252 |
r 16............................................ | am 2009 No 381; 2011 No 106; 2011 No 252; F2020L00400 |
r 17............................................ | am 2011 No 252 |
r 18............................................ | am 2009 No 381; 2011 No 252 |
r 19............................................ | am 2011 No 252 |
r 20............................................ | am 2009 No 381; 2011 No 106; 2011 No 252 |
r 21............................................ | am 2009 No 381; 2011 No 106; 2011 No 252; No 273, 2013; F2021L01746 |
r 22............................................ | am 2009 No 381; 2011 No 106; 2011 No 252; F2017L01624; F2021L01746 |
r 22A......................................... | ad 2009 No 381 |
am 2011 No 252 | |
r 23............................................ | rs 2009 No 381 |
am 2011 No 252 | |
r 24............................................ | am 2009 No 381; 2011 No 252 |
r 25............................................ | am 2009 No 381; 2011 No 106; 2011 No 252 |
rs F2017L01624 | |
am F2021L01746 | |
r 26............................................ | am 2009 No 381; 2011 No 252 |
r 27............................................ | am 2011 No 252 |
r 28............................................ | am 2009 No 381; 2011 No 106; 2011 No 252 |
r 29............................................ | am 2009 No 381; 2011 No 106; 2011 No 252; No 273, 2013; F2021L01746 |
r 30............................................ | am 2009 No 381; 2011 No 106; 2011 No 252; F2017L01624; F2021L01746 |
r 30A......................................... | ad 2009 No 381 |
am 2011 No 252 | |
r 31............................................ | rs 2009 No 381 |
am 2011 No 252 | |
r 32............................................ | am 2009 No 381; 2011 No 252 |
r 33............................................ | am 2009 No 381; 2011 No 106; 2011 No 252 |
rs F2017L01624 | |
am F2021L01746 | |
r 34............................................ | am 2009 No 381; 2011 No 252 |
r 35............................................ | am 2011 No 252 |
Part 6......................................... | ad 2011 No 106 |
r 36............................................ | ad 2011 No 106 |
am F2020L00400 | |
Subdivision A heading................. | ad F2020L00400 |
r 36A......................................... | ad F2020L00400 |
r 37............................................ | ad 2011 No 106 |
am 2011 No 252; F2020L00400 | |
r 38............................................ | ad 2011 No 106 |
am 2011 No 252; F2020L00400 | |
r 39............................................ | ad 2011 No 106 |
am 2011 No 252; F2020L00400 | |
Subdivision B heading................. | ad F2020L00400 |
r 39A......................................... | ad F2020L00400 |
r 39B......................................... | ad F2020L00400 |
r 40............................................ | ad 2011 No 106 |
am 2011 No 252; F2020L00400 | |
r 41............................................ | ad 2011 No 106 |
am 2011 No 252; F2020L00400 | |
ed C20 | |
Part 7......................................... | ad 2011 No 106 |
r 42............................................ | ad 2011 No 106 |
am F2020L00400 | |
Subdivision A heading................. | ad F2020L00400 |
r 42A......................................... | ad F2020L00400 |
r 43............................................ | ad 2011 No 106 |
am 2011 No 252; F2020L00400 | |
r 44............................................ | ad 2011 No 106 |
am 2011 No 252; F2020L00400 | |
r 45............................................ | ad 2011 No 106 |
am 2011 No 252; F2020L00400 | |
Subdivision B heading................. | ad F2020L00400 |
r 45A......................................... | ad F2020L00400 |
r 45B......................................... | ad F2020L00400 |
r 46............................................ | ad 2011 No 106 |
am 2011 No 252; F2020L00400 | |
r 47............................................ | ad 2011 No 106 |
am 2011 No 252; F2020L00400 | |
ed C20 | |
Part 8 heading............................. | am F2020L00400 |
Part 8......................................... | ad 2011 No 106 |
Division 1 heading...................... | ad F2020L00400 |
r 48............................................ | ad 2011 No 106 |
am No 154, 2015; F2020L00400 | |
Division 2 heading...................... | ad F2020L00400 |
Subdivision A heading................. | ad F2020L00400 |
r 48A......................................... | ad F2020L00400 |
r 49............................................ | ad 2011 No 106 |
am No 154, 2015; No 251, 2015 | |
rs F2018L01605 | |
am F2021L01551 | |
r 50............................................ | ad 2011 No 106 |
am No 154, 2015 | |
Subdivision B heading................. | ad F2020L00400 |
r 50A......................................... | ad F2020L00400 |
Part 9 heading............................. | am F2020L00400 |
Part 9......................................... | ad 2011 No 106 |
Division 1 heading...................... | ad F2020L00400 |
r 51............................................ | ad 2011 No 106 |
am No 154, 2015; F2020L00400 | |
Division 2 heading...................... | ad F2020L00400 |
Subdivision A heading................. | ad F2020L00400 |
r 51A......................................... | ad F2020L00400 |
r 52............................................ | ad 2011 No 106 |
am No 154, 2015; No 251, 2015 | |
rs F2018L01605 | |
am F2020L00400; F2021L01551 | |
r 53............................................ | ad 2011 No 106 |
am No 154, 2015 | |
Subdivision B heading................. | ad F2020L00400 |
r 53A......................................... | ad F2020L00400 |
Part 10 heading........................... | am F2020L00400 |
Part 10....................................... | ad 2011 No 106 |
Division 1 heading...................... | ad F2020L00400 |
r 54............................................ | ad 2011 No 106 |
am No 154, 2015; F2020L00400 | |
Division 2 heading...................... | ad F2020L00400 |
Subdivision A heading................. | ad F2020L00400 |
r 54A......................................... | ad F2020L00400 |
r 55............................................ | ad 2011 No 106 |
am No 154, 2015; No 251, 2015; F2018L01605; F2020L00400; F2021L01551 | |
r 56............................................ | ad 2011 No 106 |
am 2011 No 252; No 154, 2015; F2020L00400 | |
Subdivision B heading................. | ad F2020L00400 |
r 56A......................................... | ad F2020L00400 |
Part 11 heading........................... | am F2020L00400 |
Part 11....................................... | ad 2011 No 106 |
Division 1 heading...................... | ad F2020L00400 |
r 57............................................ | ad 2011 No 106 |
am No 154, 2015; F2020L00400 | |
Division 2 heading...................... | ad F2020L00400 |
Subdivision A heading................. | ad F2020L00400 |
r 57A......................................... | ad F2020L00400 |
r 58............................................ | ad 2011 No 106 |
am No 251, 2015; F2018L01605; F2020L00400 | |
ed C20 | |
am F2021L01551 | |
r 59............................................ | ad 2011 No 106 |
am 2011 No 252; No 154, 2015; F2020L00400 | |
Subdivision B heading................. | ad F2020L00400 |
r 59AAA.................................... | ad F2020L00400 |
Part 11A..................................... | ad 2011 No 252 |
Division 1.................................. | ad No 202, 2014 |
r 59A......................................... | ad 2011 No 252 |
am No 239, 2013; No 202, 2014; F2016L00698; F2020L01177 | |
ed C20 | |
am F2021L01551 | |
Division 2.................................. | ad No 202, 2014 |
r 59AA....................................... | ad No 202, 2014 |
r 59AB....................................... | ad No 202, 2014 |
Part 11B..................................... | ad 2011 No 252 |
r 59B......................................... | ad 2011 No 252 |
r 59C......................................... | ad 2011 No 252 |
am No 273, 2013; F2018L01605; F2021L01551; F2021L01746 | |
r 59D......................................... | ad 2011 No 252 |
r 59E.......................................... | ad 2011 No 252 |
am No 5, 2014; F2017L01624; F2019L00370 | |
Part 11C..................................... | ad 2011 No 252 |
r 59F.......................................... | ad 2011 No 252 |
r 59G......................................... | ad 2011 No 252 |
am No 273, 2013; F2018L01605; F2021L01551; F2021L01746 | |
r 59H......................................... | ad 2011 No 252 |
r 59I........................................... | ad 2011 No 252 |
am No 5, 2014; F2017L01624; F2019L00370 | |
Part 12 heading........................... | rs 2011 No 252 |
Part 6......................................... | rs 2009 No 381 |
Part 12 (prev Part 6).................... | renum 2011 No 106 |
r 36............................................ | rs 2009 No 381; 2010 No 121 |
r 60 (prev r 36)............................ | renum 2011 No 106 |
am 2011 No 252 | |
r 37 (prev r 50)............................ | renum 2009 No 381 |
r 61 (prev r 37)............................ | renum 2011 No 106 |
am 2011 No 252 | |
r 38 (prev r 51)............................ | am 2009 No 381 |
r 62 (prev r 38)............................ | renum 2011 No 106 |
am 2011 No 106; 2011 No 252; F2020L00400 | |
r 39 (prev r 52)............................ | am 2009 No 381 |
r 63 (prev r 39)............................ | renum 2011 No 106 |
am 2011 No 252; F2020L00400 | |
Part 12A..................................... | ad F2020L00400 |
r 64............................................ | ad F2020L00400 |
am F2021L01746 | |
r 37............................................ | rep 2009 No 381 |
r 38............................................ | rep 2009 No 381 |
r 39............................................ | rs 2006 No 251 |
rep 2009 No 381 | |
r 40............................................ | rep 2009 No 381 |
r 41............................................ | rep 2009 No 381 |
Part 7......................................... | rep 2009 No 381 |
r 42............................................ | rep 2009 No 381 |
r 43............................................ | rep 2009 No 381 |
r 44............................................ | rep 2009 No 381 |
r 45............................................ | rs 2006 No 251 |
rep 2009 No 381 | |
r 46............................................ | rep 2009 No 381 |
r 47............................................ | rep 2009 No 381 |
Part 8......................................... | rep 2009 No 381 |
r 48............................................ | rep 2009 No 381 |
r 49............................................ | rep 2009 No 381 |
Part 9 heading............................. | rep 2009 No 381 |
Part 12B..................................... | ad F2021L01746 |
r 64A......................................... | ad F2021L01746 |
r 64B......................................... | ad F2021L01746 |
Part 13 heading........................... | ad No 202, 2014 |
r 64............................................ | ad No 202, 2014 |
rep 31 Dec 2016 (r 64(3)) | |
r 65............................................ | ad F2016L00698 |
ed C15 | |
r 66............................................ | ad F2017L01624 |
Schedule 1 heading...................... | rs. 2009 No. 381 |
Schedule 1.................................. | am 2006 No 251; 2009 No 381; 2010 No 330; 2011 No 106 and 252; 2012 No 306; No 273, 2013; F2018L01605; F2021L01551 |
Schedule 2.................................. | am 2006 No 251; 2009 No 381; 2011 No 106; 2011 No 252; No 273, 2013; F2017L01624; F2021L01746 |
Schedule 3 heading...................... | rs 2009 No 381 |
Schedule 3.................................. | ad 2006 No 251 |
am 2009 No 381; No 273, 2013; F2018L01605; F2021L01551 |
The
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