Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Regulations 1990
Statutory Rules 1990 No. 58 as amended
made under the
Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006
This compilation was prepared on 1 July 2009
taking into account amendments up to SLI 2009 No. 155
[Note: The Petroleum (Submerged Lands)(Registration Fees) Act 1967 was repealed on 01/07/2008 by the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006 (No. 17 of 2006) however this instrument remains in force under the transitional provisions in clause 2 of Schedule 1 to the Offshore Petroleum (Registration Fees) Act 2006.
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Interpretation
3 Prescribed amount
Schedule 1 Prescribed amounts
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Regulations 1990.
2 Interpretation
In these Regulations, unless the contrary intention appears:
Act means the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006.
3 Prescribed amount
For the purposes of each provision of the Act specified in column 2 of an item in Schedule 1, the amount specified in column 3 of that item is prescribed.
Schedule 1 Prescribed amounts
(regulation 3)
Item | Provision of the Act | Amount ($) |
1 | Subsection 5 (2), item 2 | 920 |
2 | Subsection 5 (2), item 3 | 920 |
3 | Subsection 5 (2), item 4 | 4 590 |
4 | Subsection 6 (2), item 5 | 920 |
5 | Subsection 6 (2), item 6 | 4 590 |
6 | Subsection 6A (2), item 2 | 920 |
7 | Subsection 6A (2), item 3 | 920 |
8 | Subsection 6A (2), item 4 | 4 590 |
9 | Subsection 6B (2), item 5 | 920 |
10 | Subsection 6B (2), item 6 | 4 590 |
Notes to the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Regulations 1990
Note 1
The Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Regulations 1990 (in force under the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006) as shown in this compilation comprise Statutory Rules 1990 No. 58 amended as indicated in the Tables below.
Table of Instruments
Year and
number | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
1990 No. 58 | 27 Feb 1990 | 27 Feb 1990 | |
2003 No. 25 | 27 Feb 2003 | 1 Mar 2003 | — |
2004 No. 328 | 25 Nov 2004 | 1 Jan 2005 | — |
2009 No. 155 | 26 June 2009 (see F2006L02433) | 1 July 2009 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | rs. 2003 No. 25; 2009 No. 155 |
R. 2................. | am. 2009 No. 155 |
R. 3................. | am. 2003 No. 25 |
Schedule 1 | |
Schedule 1............ | rs. 2003 No. 25; |
| am. 2004 No. 328 |
| rs. 2009 No. 155 |
Overview
The Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Regulations 1990 were enacted under the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006. The aim of these regulations is to establish the prescribed fees for various offshore petroleum activities, including the registration of offshore petroleum titles, the application for and renewal of exploration permits and production licences, and the registration of greenhouse gas storage facilities. The policy objective of the Act is to ensure the efficient management of offshore petroleum and greenhouse gas storage activities while generating revenue for the government. These regulations are administered by the relevant legislature and have been amended over time to reflect changes in the regulatory environment and industry practices. This legislative instrument provides the framework for the fees associated with the administration and regulation of offshore petroleum and greenhouse gas storage activities in Australia.
Scope and Application
The Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Regulations 1990, as amended, apply to entities engaged in offshore petroleum and greenhouse gas storage activities within Australian jurisdiction. These regulations are designed to implement the requirements set out in the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006, which governs the fees associated with the registration of activities related to offshore petroleum exploration, production, and storage, as well as greenhouse gas storage. The regulations establish prescribed fees for various registration activities, as detailed in Schedule 1, which specifies the amount to be paid for each fee-related provision of the Act. The regulations apply across the Commonwealth of Australia, affecting entities and individuals involved in offshore activities within Australian waters. While the primary focus is on the financial obligations associated with the registration of offshore activities, the regulations do not explicitly state exclusions or exemptions, but such specifics are likely governed by the overarching Act and other related legislation. The application and enforcement of these regulations can be further detailed or modified through subordinate instruments, which allow for adjustments to the prescribed fees and other administrative requirements.
Key Provisions
The main operative sections of the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Regulations 1990 (the Regulations) set out the fees for certain activities related to offshore petroleum and greenhouse gas storage. Specifically, section 3 prescribes the amounts for various provisions of the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006 (the Act), as detailed in Schedule 1. For example, subsection 5(2), item 2 of the Act attracts a fee of $202 (Item 1 of Schedule 1), while subsection 5(2), item 3 attracts a fee of $920 (Item 2 of Schedule 1). The fees vary depending on the type of activity, such as the registration of a petroleum title or the issue of a certificate of title.
The Regulations impose obligations and requirements on entities that engage in offshore petroleum and greenhouse gas storage activities. These entities must pay the prescribed fees as set out in Schedule 1 of the Regulations when undertaking activities such as the registration of a petroleum title or the issue of a certificate of title. For example, a company exploring for offshore petroleum must pay the fee specified in the Regulations for registering a petroleum title. Failure to pay the prescribed fee when required can result in legal consequences, including potential penalties.
There are no explicit offences, penalties, or civil/criminal consequences stated within the text of the Regulations themselves. However, non-compliance with the payment of prescribed fees, as outlined in the Regulations, could potentially lead to enforcement actions under the Act. Under the Act, non-payment of fees could result in various penalties, including fines or other sanctions, as prescribed by the Act. The exact penalties would depend on the specific provisions of the Act and any related regulations or laws.