Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act 2006

Administered by Department of Resources, Energy and Tourism

Legislation au C2006A00015 Not in force Act

Legislation content

Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act 2006

Act No. 15 of 2006 as amended

[Note: This Act was repealed by Act No. 112 of 2011 on
1 January 2012

For application provision see Act No. 112 of 2011, Schedule 3
(item 16)]

This compilation was prepared on 16 October 2009
taking into account amendments up to Act No. 102 of 2009

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

 

 

 

Contents

1 Short title [see Note 1]

2 Commencement

3 Application of Chapter 1 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006

4 Fees—petroleum titles

4A Fees—greenhouse gas titles

5 Regulations

6 Transitional provisions

Schedule 1—Transitional provisions

1 Pre‑commencement years

2 Transitional—regulations

3 Re‑enactment of the Petroleum (Submerged Lands) Fees Act 1994

Notes 

 

An Act to provide for the payment of annual fees for certain permits, leases and licences under the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for related purposes

1  Short title [see Note 1]

  This Act may be cited as the Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act 2006.

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

Provision(s)

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 March 2006

2.  Sections 3 to 6

At the same time as Chapter 2 of the Offshore Petroleum Act 2006 commences.

1 July 2008

3.  Schedule 1

At the same time as Chapter 2 of the Offshore Petroleum Act 2006 commences.

1 July 2008

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Application of Chapter 1 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006

  Chapter 1 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to this Act in a corresponding way to the way in which it applies to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Note: This means, for example, that the definitions in section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 apply to this Act.

4  Fees—petroleum titles

Scope

 (1) This section applies to the following:

 (a) a work‑bid petroleum exploration permit;

 (b) a special petroleum exploration permit;

 (c) a petroleum retention lease;

 (d) a petroleum production licence;

 (e) an infrastructure licence;

 (f) a pipeline licence.

Liability to pay fee

 (2) The registered holder of the permit, lease or licence is liable to pay a fee for each year of the term of the permit, lease or licence, if that year begins at or after the commencement of this section.

Amount of fee

 (3) The amount of a fee is to be specified in, or calculated in accordance with, the regulations.

 (4) Different amounts may be prescribed in relation to different permits, leases or licences mentioned in subsection (1).

Note: For collection of fees, see Part 6.7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

4A  Fees—greenhouse gas titles

Scope

 (1) This section applies to the following:

 (a) a work‑bid greenhouse gas assessment permit;

 (b) a greenhouse gas holding lease;

 (c) a greenhouse gas injection licence.

Liability to pay fee

 (2) The registered holder of the permit, lease or licence is liable to pay a fee for each year of the term of the permit, lease or licence, if that year begins at or after the commencement of this section.

Amount of fee

 (3) The amount of a fee is to be specified in, or calculated in accordance with, the regulations.

 (4) Different amounts may be prescribed in relation to different permits, leases or licences mentioned in subsection (1).

Note: For collection of fees, see Part 6.7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

5  Regulations

  The Governor‑General may make regulations for the purposes of this Act.

6  Transitional provisions

  Schedule 1 has effect.

Schedule 1—Transitional provisions

Note: See section 6.

 

 

1  Pre‑commencement years

 (1) Despite the repeal of the Petroleum (Submerged Lands) Fees Act 1994, that Act continues to apply, in relation to a fee in respect of a pre‑commencement year of the term of a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence or pipeline licence, as if that repeal had not happened.

 (2) For the purposes of this clause, a year of the term of a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence or pipeline licence is a pre‑commencement year if the year began before the commencement of this clause.

2  Transitional—regulations

 (1) This clause applies to regulations if:

 (a) the regulations were in force immediately before the commencement of this clause; and

 (b) the regulations were made for the purposes of a particular provision of the Petroleum (Submerged Lands) Fees Act 1994.

 (2) The regulations have effect, after the commencement of this clause, as if:

 (a) they had been made for the purposes of the corresponding provision of this Act; and

 (b) any requirement imposed by this Act or the Legislative Instruments Act 2003 in relation to the making of the regulations (including a requirement about the form of words) had been satisfied.

 (3) Subclause (2) does not prevent the regulations continuing to have effect for the purposes of a particular provision of the Petroleum (Submerged Lands) Fees Act 1994 as that Act continues to apply after its repeal because of clause 1 of this Schedule.

 (4) For the purposes of this clause, in determining whether a provision is a corresponding provision:

 (a) regard must be had to the substance of the provision; and

 (b) if the provision appears to have expressed the same idea in a different form of words for the purpose of using a clearer style—disregard the difference.

3  Re‑enactment of the Petroleum (Submerged Lands) Fees Act 1994

  This Act re‑enacts the Petroleum (Submerged Lands) Fees Act 1994 with certain modifications.

Note: Section 15AC of the Acts Interpretation Act 1901 provides that if an Act has expressed an idea in a particular form of words, and a later Act appears to have expressed the same idea in a different form of words for the purpose of using a clearer style, the ideas shall not be taken to be different merely because different forms of words were used.

Notes to the Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act 2006

Note 1

The Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act 2006 as shown in this compilation comprises Act No. 15, 2006 amended as indicated in the Tables below.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Offshore Petroleum (Annual Fees) Act 2006

15, 2006

29 Mar 2006

Ss. 3–6 and Schedule 1: 1 July 2008 (see s. 2(1))
Remainder: Royal Assent

 

Offshore Petroleum (Annual Fees) Amendment (Greenhouse Gas Storage) Act 2008

118, 2008

21 Nov 2008

Schedule 1 and Schedule 2: 22 Nov 2008 (see s. 2(1))
Schedule 3: (a)
Remainder: Royal Assent

—

Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Act 2009

102, 2009

8 Oct 2009

Schedule 1 (item 65): 9 Oct 2009

—

(a) Subsection 2(1) (item 4) of the Offshore Petroleum (Annual Fees) Amendment (Greenhouse Gas Storage) Act 2008 provides as follows:

 (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

Provision(s)

Commencement

Date/Details

4.  Schedule 3

Immediately after the commencement of item 1 of Schedule 4 to the Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008.

22 November 2008

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Title....................

am. No. 118, 2008

S. 1....................

am. No. 118, 2008

Heading to s. 3............

am. No. 118, 2008

S. 3....................

am. No. 118, 2008

Note to s. 3...............

am. No. 102, 2009

Heading to s. 4............

am. No. 118, 2008

S. 4....................

am. No. 118, 2008

Note to s. 4(4).............

am. No. 118, 2008

S. 4A...................

ad. No. 118, 2008

Note to s. 4A(4)...........

am. No. 118, 2008

S. 5....................

am. No. 118, 2008

Schedule 1

 

C. 1....................

am. No. 118, 2008

 

Overview

The Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act 2006 was enacted by the Commonwealth Parliament to address the need for a structured and formalised system of annual fees for various offshore petroleum and greenhouse gas storage permits, leases, and licences. This Act was designed to complement the broader regulatory framework established by the Offshore Petroleum and Greenhouse Gas Storage Act 2006, ensuring that financial obligations are clearly defined and consistently applied. By specifying the fees and their calculation, the Act provides clarity and predictability for stakeholders in the offshore petroleum and greenhouse gas industries, thereby facilitating compliance and regulatory oversight. The policy objective of the Act is to ensure that the government receives appropriate annual fees for the management and oversight of offshore petroleum activities and greenhouse gas storage operations.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act 2006 applies to the payment of annual fees for certain permits, leases, and licences under the Offshore Petroleum and Greenhouse Gas Storage Act 2006. It specifies the fees applicable to various petroleum and greenhouse gas activities, including work-bid petroleum exploration permits, special petroleum exploration permits, petroleum retention leases, petroleum production licences, infrastructure licences, pipeline licences, work-bid greenhouse gas assessment permits, greenhouse gas holding leases, and greenhouse gas injection licences. The registered holders of these permits, leases, or licences are liable to pay an annual fee for each year of the term of the permit, lease, or licence, commencing from the date of the Act's commencement. The amount of the fee is to be specified in or calculated according to the regulations made under the Act. The Act extends to the Commonwealth of Australia and is administered by the Governor-General, who may make regulations for its purposes. The Act was repealed by the Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Repeal Act 2011, effective from 1 January 2012. Transitional provisions were included to ensure a smooth transition from the repealed Petroleum (Submerged Lands) Fees Act 1994.

Key Provisions

The Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act 2006 (sections 4 and 4A) establishes the annual fees applicable to certain permits, leases, and licenses under the Offshore Petroleum and Greenhouse Gas Storage Act 2006. Specifically, it applies to a range of petroleum and greenhouse gas titles, including work-bid petroleum exploration permits, special petroleum exploration permits, petroleum retention leases, petroleum production licences, infrastructure licences, pipeline licences, work-bid greenhouse gas assessment permits, greenhouse gas holding leases, and greenhouse gas injection licences. The Act mandates that the registered holder of these titles must pay an annual fee for each year of the term of the title if that year begins after the commencement of this Act. The fee amount is to be specified or calculated according to regulations made under the Act. The Act imposes several obligations on the holders of these titles. Primarily, it requires them to pay the specified annual fee for each year of the title's term, starting from the year that begins after the Act's commencement. This obligation extends to different types of titles, ensuring that each category specified in sections 4 and 4A adheres to the fee requirements. Additionally, the Act allows for the specification of different fee amounts for different titles through the regulations, providing flexibility in fee structures based on the type and nature of the title. The Act does not explicitly detail offences, penalties, or consequences for non-compliance within its main text. However, it does provide a general framework within which these elements could be addressed through regulations. Under section 5, the Governor-General has the authority to make regulations for the purposes of this Act, which could include provisions for penalties and enforcement mechanisms for non-payment of fees. Additionally, the collection of fees is governed by Part 6.7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, which could potentially outline the civil or administrative consequences for non-compliance, although these specifics are not detailed within the Act itself.

Legal classification tags

Area of Law
Environmental Law
Taxation Law
Instrument
Act
Concepts
Commencement Provisions
Fees—petroleum titles
Fees—greenhouse gas titles
Regulations
Transitional Provisions

Interactions

Authorises

All Versions

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.