Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Amendment Act 2011

Overview

The Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Amendment Act 2011 was enacted by the Parliament of Australia to modify the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006. This amendment was introduced to address the need for updating the legislative framework governing the administration of registration fees for offshore petroleum and greenhouse gas storage activities. The principal objective of this Act is to replace references to the "Designated Authority" with the "Titles Administrator" in the original Act, reflecting the restructuring and renaming of certain roles and responsibilities within the regulatory regime. The amendments aim to ensure consistency and clarity in the application of fees and related administrative functions. The Act came into effect on two different dates: certain provisions, including sections 1 to 3, commenced on 14 October 2011, the day the Act received Royal Assent. Other provisions, as detailed in Schedule 1, took effect on 1 January 2012, aligning with the commencement of Part 1 of Schedule 2 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011. The legislative changes are designed to streamline the administration of fees and align the regulatory structure with current governance practices.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Amendment Act 2011 is a Commonwealth Act that amends the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006. This Act applies to persons or entities involved in the registration and fees associated with offshore petroleum activities and greenhouse gas storage in Australia, specifically replacing references to the "Designated Authority" with the "Titles Administrator". The Act affects those within the offshore petroleum and greenhouse gas storage industries, impacting their compliance and fee payment processes. It has a national jurisdictional reach as it is a Commonwealth Act. The Act came into effect in two stages, with general provisions commencing upon Royal Assent on 14 October 2011, and specific amendments related to the Titles Administrator taking effect on 1 January 2012. The Act does not specify any exclusions or exemptions but does include transitional provisions to ensure continuity in the administration of fees and registrations during the change from the Designated Authority to the Titles Administrator.

Key Provisions

The Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Amendment Act 2011 (C2011A00111) amends the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006 (OPGGS Act). The main operative sections of this amendment Act are sections 1 to 3, which received Royal Assent on 14 October 2011, and Schedule 1, which commenced on 1 January 2012. The amendment primarily focuses on replacing references to the "Designated Authority" with "Titles Administrator" in the OPGGS Act. Specifically, subsections 5(2) and 6(2) of the OPGGS Act are modified to replace the term "Designated Authority" with "Titles Administrator" in various instances (sections 1 to 7 of Schedule 1). This change signifies a shift in responsibility and authority regarding the administration of registration fees for offshore petroleum and greenhouse gas storage activities from the Designated Authority to the Titles Administrator. The Act imposes certain obligations on the parties and entities governed by it. Notably, it mandates that any instruments made or given by the Designated Authority before the commencement of the amendment be treated as if they were made by the Titles Administrator (section 7(2) of Schedule 1). Similarly, any acts or things done by the Designated Authority before the amendment's commencement are to be attributed to the Titles Administrator (section 8(2) of Schedule 1). This transitional provision ensures continuity in the administration and enforcement of the registration fee requirements despite the change in the responsible authority. The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breaches of its provisions. However, given that it amends the OPGGS Act, it is reasonable to infer that the penalties and enforcement mechanisms established under the OPGGS Act would apply. The OPGGS Act generally includes provisions for fines and other penalties for non-compliance with its requirements, although the exact penalties are not specified in the provided text. Therefore, parties affected by the amendments should ensure compliance with the updated provisions to avoid any potential enforcement actions under the OPGGS Act.