Offshore Petroleum and Greenhouse Gas Storage Amendment Act 2016

Administered by Department of Industry, Science and Resources

Legislation au C2016A00013 Not in force Act

Select Document

No. 13, 2016

An Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for other purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Offshore Petroleum and Greenhouse Gas Storage Amendment Act 2016

No. 13, 2016

An Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for other purposes

[Assented to 29 February 2016]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Offshore Petroleum and Greenhouse Gas Storage Amendment Act 2016.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this Act	The day after this Act receives the Royal Assent.	1 March 2016

Note: This table relates only to the provisions of this Act as originally enacted.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

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

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Section 7

Insert:

Environment Minister means the Minister administering the Environment Protection and Biodiversity Conservation Act 1999.

2 After Part 9.10B

Insert:

Part 9.10C—Commonwealth reserves

Division 1—Introduction

780J Simplified outline of this Part

• This Part is about the renewal, or the extension of the term, of a petroleum title, where:

(a) the relevant title area is wholly or partly located in a Commonwealth reserve (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999); and

(b) the title was in force immediately before the declaration of the Commonwealth reserve.

• This Part validates a renewal, or an extension of the term, of a petroleum title that:

(a) occurred before 1 January 2016; and

(b) was invalid because consent was not given by the Environment Minister under subsection 359(3) of the Environment Protection and Biodiversity Conservation Act 1999.

Note 1: Subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999, exempts certain usage rights from:

(a) the regulatory regime in Division 4 of Part 15 of that Act; and

(b) the provisions of a management plan for a Commonwealth reserve.

Note 2: Under subsection 359(3) of the Environment Protection and Biodiversity Conservation Act 1999, certain usage rights cannot be renewed or extended without the consent of the Environment Minister.

Division 2—Validation etc.

780K Validation of certain renewals and extensions

(1) If:

(a) before 1 January 2016:

(i) a petroleum exploration permit was purportedly renewed under this Act; or

(ii) a petroleum retention lease was purportedly renewed under this Act; or

(iii) a fixed‑term petroleum production licence was purportedly renewed under this Act; and

(b) the purported renewal would, apart from this subsection, be invalid because consent was not given under subsection 359(3) of the Environment Protection and Biodiversity Conservation Act 1999;

the purported renewal is as valid and effective, and is taken always to have been as valid and effective, as it would have been if:

(d) that consent had not been subject to any conditions.

(2) If:

(a) before 1 January 2016:

(i) the term of a petroleum exploration permit was purportedly extended under this Act; or

(ii) the term of a petroleum retention lease was purportedly extended under this Act; and

(b) the purported extension would, apart from this subsection, be invalid because consent was not given under subsection 359(3) of the Environment Protection and Biodiversity Conservation Act 1999;

the purported extension is as valid and effective, and is taken always to have been as valid and effective, as it would have been if:

(d) that consent had not been subject to any conditions.

780L Application of EPIC exemption regime to certain petroleum titles

Petroleum exploration permit

(1) If:

(a) subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applied to a petroleum exploration permit granted before the commencement of this section (the earlier permit); and

(b) the earlier permit was renewed before the commencement of this section;

subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applies, and is taken always to have applied, to the petroleum exploration permit granted by way of renewal in a corresponding way to the way in which it applied to the earlier permit.

(2) If:

(a) subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applies or applied to a petroleum exploration permit granted before the commencement of this section; and

(b) the term of the permit was extended before the commencement of this section;

subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 continues to apply, and is taken to have continued to apply, to the permit during the period of the extension.

Petroleum retention lease

(3) If:

(a) subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applied to a petroleum retention lease granted before the commencement of this section (the earlier lease); and

(b) the earlier lease was renewed before the commencement of this section;

subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applies, and is taken always to have applied, to the petroleum retention lease granted by way of renewal in a corresponding way to the way in which it applied to the earlier lease.

(4) If:

(a) subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applies or applied to a petroleum retention lease granted before the commencement of this section; and

(b) the term of the lease was extended before the commencement of this section;

subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 continues to apply, and is taken to have continued to apply, to the lease during the period of the extension.

Fixed‑term petroleum production licence

(5) If:

(a) subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applied to a fixed‑term petroleum production licence granted before the commencement of this section (the earlier licence); and

(b) the earlier licence was renewed before the commencement of this section;

subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applies, and is taken always to have applied, to the fixed‑term petroleum production licence granted by way of renewal in a corresponding way to the way in which it applied to the earlier licence.

(6) If:

(a) subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 applies or applied to a petroleum production licence granted before the commencement of this section; and

(b) the term of the licence was extended before the commencement of this section;

subsection 359(1) of the Environment Protection and Biodiversity Conservation Act 1999 continues to apply, and is taken to have continued to apply, to the licence during the period of the extension.

[Minister’s second reading speech made in—

House of Representatives on 11 February 2016

Senate on 23 February 2016]

(9/16)

Overview

The Offshore Petroleum and Greenhouse Gas Storage Amendment Act 2016, enacted by the Parliament of Australia and assented to on 29 February 2016, is a legislative amendment designed to address issues arising from the interaction between offshore petroleum activities and the protection of Commonwealth reserves under the Environment Protection and Biodiversity Conservation Act 1999. This Act primarily seeks to resolve the validity of certain petroleum title renewals and extensions that occurred before 1 January 2016, which were rendered invalid due to the absence of consent from the Environment Minister, as required by the Environment Protection and Biodiversity Conservation Act 1999. By validating these renewals and extensions, the Act ensures that offshore petroleum activities can continue without legal uncertainty, thereby supporting both environmental conservation and the ongoing operation of the offshore petroleum industry.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage Amendment Act 2016 amends the Offshore Petroleum and Greenhouse Gas Storage Act 2006 to address the validation of certain renewals and extensions of petroleum titles in areas wholly or partly located in Commonwealth reserves. The Act applies to persons and entities involved in the renewal or extension of petroleum exploration permits, petroleum retention leases, and fixed-term petroleum production licences that were in force immediately before the declaration of a Commonwealth reserve. Specifically, it validates the renewal or extension of such titles that occurred before 1 January 2016 and were otherwise invalid due to the absence of consent from the Environment Minister under the Environment Protection and Biodiversity Conservation Act 1999. This Act applies across the Commonwealth of Australia, providing a legislative framework to ensure the legality and effectiveness of certain petroleum activities within designated reserves. There are no stated exclusions or exemptions in the primary Act, though the application and specifics may be further defined through subordinate instruments or regulations.

Key Provisions

The Offshore Petroleum and Greenhouse Gas Storage Amendment Act 2016 (Act) introduces several key provisions to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (2006 Act). Section 1 of the Act introduces the short title, while section 2 specifies the commencement date, which is the day after the Act receives Royal Assent, that is, 1 March 2016. The Act is structured such that any legislative amendments are detailed in the Schedules. Specifically, Schedule 1 outlines amendments to the 2006 Act, introducing new Part 9.10C in relation to petroleum titles within Commonwealth reserves. Under the new Part 9.10C, section 780J defines a term, "Environment Minister," which refers to the Minister administering the Environment Protection and Biodiversity Conservation Act 1999. Sections 780K and 780L focus on the validation of renewals and extensions of petroleum titles that occurred before 1 January 2016 but were invalid due to the lack of consent from the Environment Minister. Section 780K validates the renewal or extension of petroleum exploration permits, petroleum retention leases, and fixed-term petroleum production licences, making them as valid and effective as if consent had been obtained and was not subject to any conditions. Section 780L ensures that the exemption regime under the Environment Protection and Biodiversity Conservation Act 1999 applies to the renewed or extended petroleum titles in the same manner as it applied to the original permits or leases. The Act imposes specific obligations on parties involved in the renewal or extension of petroleum titles within Commonwealth reserves. These parties must ensure that any such actions taken before 1 January 2016 are validated under the new provisions of the Act. Failure to comply with these obligations could result in the nullification of the renewal or extension, potentially leading to legal disputes over the validity of the title. In terms of consequences, the Act does not explicitly outline specific offences or penalties for non-compliance with its provisions. However, any actions that were invalid due to the lack of consent from the Environment Minister before the Act's commencement may now be validated. This means that any previous actions that were not in compliance with the Environment Protection and Biodiversity Conservation Act 1999 are now retrospectively validated and considered lawful under the new provisions of the Offshore Petroleum and Greenhouse Gas Storage Amendment Act 2016. This legal validation aims to prevent future legal challenges regarding the legitimacy of these titles.

Area of Law: Environmental Law; Energy Law
Instrument: Act
Concepts: Commencement Provisions; Repeal & Amendment; Validation of Certain Renewals and Extensions; Application of EPIC Exemption Regime to Certain Petroleum Titles

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions