Offshore Petroleum and Greenhouse Gas Storage Legislation (Repeal and Consequential Amendments) Regulations 2025

Administered by Department of Industry, Science and Resources

Legislation au F2025L01447 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Resources

 

Offshore Petroleum and Greenhouse Gas Storage Act 2006

 

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

 

Offshore Petroleum and Greenhouse Gas Storage Legislation (Repeal and Consequential Amendments) Regulations 2025

 

Purpose and Operation

The Offshore Petroleum and Greenhouse Gas Storage Legislation (Repeal and Consequential Amendments) Regulations 2025 (the Regulations) repeal the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 (2011 RMA Regulations) and make consequential amendments to other regulations to support the commencement of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025 (2025 RMA Regulations).

Further details of the Regulations are outlined in Attachment A.

Authority

Section 781 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the OPGGS Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the OPGGS Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the OPGGS Act.

Section 11 of Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 provides that the Governor-General may make regulations for the purposes of sections 5, 6, 7, 8, 9, 10, 10A, 10B, 10C, 10D, 10E, 10F and 10G.

Commencement

The whole of the Regulations commence at the same time as the 2025 RMA Regulations. However, the provisions do not commence at all if that instrument does not commence.

Consultation

Consultation was undertaken in relation to the 2025 RMA Regulations. The Regulations support the 2025 RMA Regulations through technical and machinery measures.


Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is set out in Attachment B.

Attachment A

 

Details of the Offshore Petroleum and Greenhouse Gas Storage Legislation (Repeal and Consequential Amendments) Regulations 2025

 

Section 1 - Name

 

This section provides for the title of the Regulations to be the Offshore Petroleum and Greenhouse Gas Storage Legislation (Repeal and Consequential Amendments) Regulations 2025.

 

Section 2 - Commencement

 

This section sets out in a table the commencement provisions for the Offshore Petroleum and Greenhouse Gas Storage Legislation (Repeal and Consequential Amendments) Regulations 2025 (the Regulations).

Table item 1 provides that the whole of the Regulations commence at the same time as the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025. However, the provisions do not commence at all if that instrument does not commence.

A note explains that the commencement table relates only to the provisions of the Regulations as made and will not be amended to deal with any later amendments of the Regulations.

 

Section 3 - Authority

 

This section provides that the Regulations are made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003.

 

Section 4 - Schedules

 

This section is a machinery provision that provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.

 


Schedule 1—Repeals

 

Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011

 

Item 1 – The whole of the instrument

 

Item 1 of Schedule 1 to the instrument repeals the whole of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011.

 

Schedule 2—Amendments

 

Offshore Petroleum and Greenhouse Gas Storage (Greenhouse Gas Injection and Storage) Regulations 2023

 

Item 1 – Section 55 (note)

 

Item 1 of Schedule 2 to the instrument amends the note to section 55 of the Offshore Petroleum and Greenhouse Gas Storage (Greenhouse Gas Injection and Storage) Regulations 2023 to omit the wording: “regulation 11B.01 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011”, and substitute “section 221 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025”.

 

This technical amendment is consequential to the repeal of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 (2011 RMA Regulations) and the renumbering of provisions in the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025 (2025 RMA Regulations).

 

Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2022

 

Item 2 – Section 4 (definition of Resource Management and Administration Regulations)

 

Item 2 of Schedule 2 to the instrument amends the definition of ‘Resource Management and Administration Regulations’ in section 4 of the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2022 (the Regulatory Levies Regulations) by omitting the wording “Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011”, and substituting “Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025”.

 

This technical amendment is consequential to the repeal of the 2011 RMA Regulations and the making of the 2025 RMA Regulations.

 

Item 3 – Section 51

 

Item 3 of Schedule 2 to the instrument amends section 51 of the Regulatory Levies Regulations to omit the reference to “regulation 5.17(c)” and substitute a reference to “paragraph 73(2)(c)”.

 

This technical amendment is consequential to the repeal of the 2011 RMA Regulations and the renumbering of provisions in the 2025 RMA Regulations.

 

 

 

 

Item 4 – Subsection 54(1)

 

Item 4 of Schedule 2 to the instrument amends subsection 54(1) of the Regulatory Levies Regulations to omit the reference to “regulation 5.06” and substitute a reference to “section 78”.

 

This technical amendment is consequential to the repeal of the 2011 RMA Regulations and the renumbering of provisions in the 2025 RMA Regulations.

 

Item 5 – Subsection 54(2)

 

Item 5 of Schedule 2 to the instrument amends subsection 54(2) of the Regulatory Levies Regulations to omit the reference to “regulation 5.13” and substitute a reference to “section 87”.

 

This technical amendment is consequential to the repeal of the 2011 RMA Regulations and the renumbering of provisions in the 2025 RMA Regulations.

 

Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024

 

Item 6 – Section 5.1 (note)

 

Item 6 of Schedule 2 to the instrument amends the note to section 5.1 of the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024 to omit the wording: “regulation 11B.01 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011”, and substitute “section 221 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025”.

 

This technical amendment is consequential to the repeal of the 2011 RMA Regulations and the renumbering of provisions in the 2025 RMA Regulations.

 


Attachment B

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Offshore Petroleum and Greenhouse Gas Storage Legislation (Repeal and Consequential Amendments) Regulations 2025

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Offshore Petroleum and Greenhouse Gas Storage Legislation (Repeal and Consequential Amendments) Regulations 2025 repeal the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and make consequential amendments to other regulations to support the commencement of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

The Hon Madeleine King MP

Minister for Resources

 

Overview

The Offshore Petroleum and Greenhouse Gas Storage Legislation (Repeal and Consequential Amendments) Regulations 2025 were introduced to facilitate the transition from the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 to the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025. These regulations were enacted by the Governor-General under the authority of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003. The primary objective of these regulations is to ensure a smooth and orderly transition by repealing outdated regulations and making necessary amendments to other related regulations to align with the new legislative framework. The Regulations were developed following consultations and are designed to support the implementation of the 2025 RMA Regulations, ensuring consistency and continuity in the management and administration of offshore petroleum and greenhouse gas storage activities. These Regulations were made to address the need for updated and streamlined regulatory measures to manage the evolving landscape of offshore petroleum and greenhouse gas storage activities. The Regulations repeal the 2011 RMA Regulations and make consequential amendments to various other regulations, ensuring that all references and provisions are updated to reflect the new 2025 RMA Regulations. This legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms, as detailed in the Statement of Compatibility with Human Rights.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage Legislation (Repeal and Consequential Amendments) Regulations 2025 primarily applies to entities and persons involved in the regulation and administration of offshore petroleum activities and greenhouse gas storage in Australia. This includes oil and gas companies, regulatory bodies, and any other stakeholders operating within the offshore petroleum sector. The regulations aim to repeal the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and enact consequential amendments to various other regulations, ensuring a smooth transition to the new Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025. The regulations are made under the authority of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 and cover the entire Commonwealth of Australia. The regulations do not set specific exclusions, exemptions, or thresholds but rather focus on technical and machinery amendments necessary for the repeal and implementation of the new regulations. The application and enforcement of these regulations are further governed through subordinate instruments, ensuring they are aligned with the overarching legislative framework.

Key Provisions

The Offshore Petroleum and Greenhouse Gas Storage Legislation (Repeal and Consequential Amendments) Regulations 2025 primarily serves to repeal the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 and to make necessary amendments to other regulations to support the commencement of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025. These regulations are established under the authority provided by sections 781 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and section 11 of Part 5 of the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003. The Regulations come into effect simultaneously with the 2025 RMA Regulations, provided that the latter commences; if not, the Regulations do not commence at all. Entities and parties governed by these regulations must ensure that they align their practices with the amendments and repeals outlined in the Regulations. Specifically, they must adapt to the new Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025 and ensure that references to the repealed 2011 RMA Regulations are updated accordingly in other relevant regulations. This includes technical amendments to definitions and references in the Offshore Petroleum and Greenhouse Gas Storage (Greenhouse Gas Injection and Storage) Regulations 2023, the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2022, and the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2024. Failure to comply with the provisions of these Regulations may not directly result in specific offences or penalties as they primarily involve technical amendments and repeals. However, non-compliance could potentially lead to operational disruptions and legal challenges if entities do not correctly transition to the new regulatory framework. The Regulations have been designed to ensure a smooth transition, but it is imperative that all relevant parties diligently update their practices and documentation to align with the new legal requirements. This includes ensuring that all references and dependencies on the repealed 2011 RMA Regulations are accurately updated to reflect the new 2025 RMA Regulations.

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Environmental Law
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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.