Offshore Petroleum and Greenhouse Gas Storage (Greater Sunrise Offshore Petroleum Joint Authority) Delegation 2022
I, Keith Pitt, the responsible Commonwealth Minister, as the Greater Sunrise Offshore Petroleum Joint Authority:
(a) under subsection 33(3) of the Acts Interpretation Act 1901, revoke all existing instruments of delegation for the Greater Sunrise Offshore Petroleum Joint Authority made under section 67 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the Act); and
(b) under section 67 of the Act, delegate all the functions and powers of the Joint Authority under the Act and the regulations made under the Act (other than the power to delegate Joint Authority functions or powers under section 67 of the Act) to the person from time to time occupying or performing the duties of General Manager, Offshore Resources Branch, Department of Industry, Science, Energy and Resources of the Commonwealth of Australia.
(signed by Keith Pitt)
Keith Pitt
Minister for Resources and Water
(the responsible Commonwealth Minister)
Dated: 17 December 2021
Overview
The Offshore Petroleum and Greenhouse Gas Storage (Greater Sunrise Offshore Petroleum Joint Authority) Delegation 2022, enacted by Keith Pitt, the Minister for Resources and Water, represents a significant shift in the delegation of functions and powers related to the Greater Sunrise Offshore Petroleum Joint Authority. This delegation was made under section 67 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and aims to streamline and centralise the authority's operational functions. By revoking existing delegations and transferring the Joint Authority's functions and powers to the General Manager of the Offshore Resources Branch, Department of Industry, Science, Energy and Resources, the legislation seeks to enhance efficiency and coordination in the management of offshore petroleum activities in the Greater Sunrise field. The objective, as stated within the text, is to ensure that the Joint Authority's responsibilities are executed with greater cohesion and under a more unified command structure.
Scope and Application
The Offshore Petroleum and Greenhouse Gas Storage (Greater Sunrise Offshore Petroleum Joint Authority) Delegation 2022, signed by Keith Pitt, the Minister for Resources and Water, revokes all existing delegation instruments for the Greater Sunrise Offshore Petroleum Joint Authority made under section 67 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. This Act applies to the Joint Authority and specifically to its functions and powers under the Act and any regulations made under it, except the power to delegate these functions or powers. The delegation extends to the person occupying or performing the duties of General Manager within the Offshore Resources Branch of the Department of Industry, Science, Energy and Resources of the Commonwealth of Australia. This delegation is made under the authority granted by subsection 33(3) of the Acts Interpretation Act 1901 and section 67 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, thereby focusing on the administrative functions within the Commonwealth framework. This legislative action does not specify exclusions, exemptions, or thresholds but effectively reallocates the responsibility for the Greater Sunrise Offshore Petroleum Joint Authority's functions and powers to a designated individual within the Department of Industry, Science, Energy and Resources.
Key Provisions
The primary operative sections of the Offshore Petroleum and Greenhouse Gas Storage (Greater Sunrise Offshore Petroleum Joint Authority) Delegation 2022 (C2022G00038) involve the revocation of all existing instruments of delegation (subsection 33(3) of the Acts Interpretation Act 1901) and the delegation of all functions and powers of the Joint Authority under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (section 67). This delegation is specifically directed to the General Manager of the Offshore Resources Branch, Department of Industry, Science, Energy and Resources of the Commonwealth of Australia. By these provisions, the responsible Commonwealth Minister, Keith Pitt, effectively transfers the authority to manage the Greater Sunrise Offshore Petroleum Joint Authority to the General Manager of the relevant department, excluding the power to further delegate these functions or powers.
The Act imposes several obligations and requirements on the parties it governs. Firstly, the revocation of existing delegations (subsection 33(3) of the Acts Interpretation Act 1901) ensures that any prior authorities or delegations related to the Greater Sunrise Offshore Petroleum Joint Authority are nullified, thereby centralising the authority in the newly designated General Manager. This person must ensure that they are up-to-date with all regulatory requirements and operational mandates of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. Furthermore, the General Manager must exercise the delegated powers and functions with due diligence, ensuring compliance with both the Act and any related regulations.
Regarding offences, penalties, or consequences for breaches, the Offshore Petroleum and Greenhouse Gas Storage (Greater Sunrise Offshore Petroleum Joint Authority) Delegation 2022 does not explicitly state any new offences or penalties within its text. However, any breach of the functions and powers outlined in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 can lead to various civil or criminal consequences depending on the nature of the breach. For instance, non-compliance with the Act's provisions could result in fines, imprisonment, or both, depending on the severity and intent of the offence. The specific penalties for such breaches are detailed within the primary Act and related regulations, which the General Manager must adhere to while exercising their delegated powers.