Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Act 2014

Administered by Department of Industry, Science and Resources

Legislation au C2014A00079 In force Act

Legislation content

 

 

 

 

 

 

Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Act 2014

 

No. 79, 2014

 

 

 

 

 

An Act to amend the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003

Part 1—Amendments

Part 2—Application of amendments

 

 

 

Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Act 2014

No. 79, 2014

 

 

 

An Act to amend the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003, and for related purposes

[Assented to 17 July 2014]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Act 2014.

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 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

17 July 2014

2.  Schedule 1, items 1 and 2

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

17 January 2015

3.  Schedule 1, items 3 to 21

The day after this Act receives the Royal Assent.

18 July 2014

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003

Part 1—Amendments

1  Subsection 10E(1)

Repeal the subsection, substitute:

 (1) Levy is imposed on an eligible title:

 (a) for the year beginning on the day the title comes into force; and

 (b) for each subsequent year beginning on the anniversary of that day, if the title is in force at the start of the anniversary.

Levy is imposed whether or not the eligible title is in force for the whole of the year.

Note: See section 695M of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 for the remittal or refund of levy imposed for a year by this subsection if the title ceases to be in force before the end of the year.

2  Subsection 10E(8)

Repeal the subsection.

3  At the end of subparagraph 10F(1)(b)(ii)

Add “or”.

4  After paragraph 10F(1)(b)

Insert:

 (c) both:

 (i) an environment plan is submitted to NOPSEMA under regulation 9 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; and

 (ii) the plan is submitted by an applicant for a Commonwealth title mentioned in paragraph (e), (f), (g), (k) or (l) of the definition of Commonwealth title in subsection (7);

5  Paragraph 10F(3)(a)

Omit “registered holder of the Commonwealth title”, substitute “titleholder”.

6  Paragraph 10F(3)(b)

Omit “registered holders of the Commonwealth titles”, substitute “titleholders”.

7  Paragraph 10F(3)(c)

Omit “registered holder of the Commonwealth title”, substitute “titleholder”.

8  Paragraph 10F(3)(d)

Omit “registered holders of the Commonwealth titles”, substitute “titleholders”.

9  At the end of subsection 10F(3)

Add:

 ; or (e) if paragraph (1)(c) applies—by the applicant for the Commonwealth title.

10  Subsection 10F(7) (after paragraph (g) of the definition of Commonwealth title)

Insert:

 (ga) a petroleum scientific investigation consent; or

11  Subsection 10F(7) (at the end of the definition of Commonwealth title)

Add:

 ; or (m) a greenhouse gas research consent.

12  Subsection 10F(7)

Insert:

greenhouse gas research consent has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

petroleum scientific investigation consent has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

titleholder means:

 (a) for a title mentioned in any of paragraphs (a) to (g) or (h) to (l) of the definition of Commonwealth title in this subsection—the registered holder of the title; or

 (b) for a consent mentioned in paragraph (ga) or (m) of the definition of Commonwealth title in this subsection—the holder of the consent (within the meaning of section 254 or 425 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006).

13  At the end of subparagraph 10G(1)(b)(ii)

Add “or”.

14  After paragraph 10G(1)(b)

Insert:

 (c) both:

 (i) an environment plan is submitted to NOPSEMA under a regulation of a State or Territory that substantially corresponds to regulation 9 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; and

 (ii) the plan is submitted by an applicant for a State/Territory title that substantially corresponds to a Commonwealth title mentioned in paragraph (e), (f), (g), (k) or (l) of the definition of Commonwealth title in subsection 10F(7).

15  Paragraph 10G(3)(a)

Omit “registered holder of the State/Territory title”, substitute “titleholder”.

16  Paragraph 10G(3)(b)

Omit “registered holders of the State/Territory titles”, substitute “titleholders”.

17  Paragraph 10G(3)(c)

Omit “registered holder of the State/Territory title”, substitute “titleholder”.

18  Paragraph 10G(3)(d)

Omit “registered holders of the State/Territory titles”, substitute “titleholders”.

19  At the end of subsection 10G(3)

Add:

 ; or (e) if paragraph (1)(c) applies—by the applicant for the State/Territory title.

20  Subsection 10G(7)

Insert:

titleholder means:

 (a) for a State/Territory title that substantially corresponds to a Commonwealth title mentioned in any of paragraphs (a) to (g) or (h) to (l) of the definition of Commonwealth title in subsection 10F(7)—the registered holder of the title; or

 (b) for a State/Territory title that substantially corresponds to a consent mentioned in paragraph (ga) or (m) of the definition of Commonwealth title in subsection 10F(7)—the holder of the consent under the relevant State PSLA or Territory PSLA.

Part 2—Application of amendments

21  Application of amendments

(1) The amendments of section 10E of the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by Part 1 of this Schedule apply in relation to the imposition of annual titles administration levy by that Act on an eligible title for a year that begins on or after the commencement of those amendments.

(2) The amendments of sections 10F and 10G of the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 made by Part 1 of this Schedule apply in relation to the imposition of environment plan levy by that Act on the submission of an environment plan for which levy is imposed by section 10F or 10G of that Act if the plan is submitted on or after the commencement of those amendments.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 29 May 2014

Senate on 19 June 2014]

 

(112/14)

 

Overview

The Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Act 2014, enacted by the Parliament of Australia, is an amendment to the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003. This legislation aims to refine and adjust the regulatory levies applicable to the administration of offshore petroleum titles and the submission of environment plans, particularly focusing on the imposition of levies for both Commonwealth and State/Territory titles and consents. The primary policy objective is to ensure that the levy system remains effective and appropriately aligned with the evolving requirements of offshore petroleum and greenhouse gas storage activities. The amendments include changes to the definitions and conditions under which levies are imposed, thereby enhancing the regulatory framework's clarity and applicability. The Act ensures that the levy is imposed regardless of whether the title is in force for the entire year and introduces modifications to the conditions under which environment plans must be submitted, thus improving the overall governance of offshore activities.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Act 2014 amends the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 to modify the imposition of annual titles administration levies and environment plan levies for eligible titles and plans. The amended provisions apply to the imposition of these levies for years beginning on or after the commencement of the amendments and for the submission of environment plans on or after their commencement. The amendments replace references to the "registered holder" of Commonwealth and State/Territory titles with "titleholder" and expand the definition of "Commonwealth title" to include "greenhouse gas research consent" and "petroleum scientific investigation consent". The changes are intended to ensure clarity and consistency in the application of the levies, as well as to align the legislation with broader regulatory frameworks. The Act extends to the entire Commonwealth of Australia and its external territories, providing a uniform approach to the regulation of offshore petroleum and greenhouse gas storage activities. No specific exclusions or exemptions are mentioned in the text of the Act, but the scope of application is determined by the definitions and provisions of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and related regulations.

Key Provisions

The Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Act 2014 amends the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003. The key provisions include changes to the annual titles administration levy and environment plan levy. For instance, section 10E of the amended Act imposes the levy on an eligible title for the year beginning on the day the title comes into force and for each subsequent year, regardless of whether the title is in force for the whole of the year (Schedule 1, item 1). In addition, the definition of Commonwealth title now includes a petroleum scientific investigation consent and a greenhouse gas research consent (Schedule 1, items 10 and 11). The Act also modifies the definition of titleholder and expands the circumstances under which an environment plan levy is imposed (Schedule 1, items 4, 5, 14 and 15). The Act imposes several obligations on the parties it governs. Primarily, it requires eligible titleholders to pay the annual titles administration levy and environment plan levy as specified. This includes titleholders for both Commonwealth and State/Territory titles, as well as holders of petroleum scientific investigation consents and greenhouse gas research consents. The obligation to pay these levies arises when the title comes into force or when an environment plan is submitted, as the case may be. The amendments clarify and streamline the process of levy imposition by updating terminology and expanding the definition of relevant titles and consents. The Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Act 2014 includes provisions for enforcement and compliance. Failure to comply with the levy requirements can result in civil or criminal consequences. While the Act does not explicitly state the penalties, it is likely that non-payment of levies could be pursued under the general provisions of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, which may include fines and other enforcement actions. The specific penalties for non-compliance would depend on the relevant provisions of that Act.

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Area of Law
Environmental Law
Instrument
Amending Act
Concepts
Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations

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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.