Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment (2011 Measures No. 2) Act 2011

Administered by Department of Industry, Science and Resources

Legislation au C2011A00114 Not in force Act

Legislation content

 

 

 

 

 

 

Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment (2011 Measures No. 2) Act 2011

 

No. 114, 2011

 

 

 

 

 

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—Amendments

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

 

 

 

Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment (2011 Measures No. 2) Act 2011

No. 114, 2011

 

 

 

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

[Assented to 14 October 2011]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment (2011 Measures No. 2) Act 2011.

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.

14 October 2011

2.  Schedule 1

 

At the same time as Part 1 of Schedule 2 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011 commences.

1 January 2012

Note:  This table relates only to the provisions of this Act as originally enacted.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  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments

 

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

1  Section 3

Insert:

annual titles administration levy means levy imposed by section 10E.

2  Section 3

Insert:

environment plan levy means levy imposed by section 10F or 10G.

3  Section 3

Insert:

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

4  Section 3

Insert:

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

5  Section 3

Insert:

infrastructure licence has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

6  Section 3

Insert:

NOPSEMA means the National Offshore Petroleum Safety and Environmental Management Authority.

7  Section 3

Insert:

pipeline licence has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

8  Section 3 (definition of Safety Authority)

Repeal the definition.

9  Subsection 5(8) (paragraph (b) of the definition of notifiable accident or occurrence)

Omit “the Safety Authority”, substitute “NOPSEMA”.

10  Subsection 6(8) (paragraph (b) of the definition of notifiable accident or occurrence)

Omit “the Safety Authority”, substitute “NOPSEMA”.

11  Subsection 9(1)

Omit “the Safety Authority” (wherever occurring), substitute “NOPSEMA”.

12  Subsection 10(1)

Omit “the Safety Authority” (wherever occurring), substitute “NOPSEMA”.

13  Subsection 10A(7)

Omit “the Safety Authority” (wherever occurring), substitute “NOPSEMA”.

14  Paragraph 10B(1)(c)

Omit “the Safety Authority”, substitute “NOPSEMA”.

15  Subsection 10B(7)

Omit “the Safety Authority” (wherever occurring), substitute “NOPSEMA”.

16  Subparagraphs 10C(1)(a)(i) and (ii)

Omit “the Safety Authority”, substitute “NOPSEMA”.

17  Paragraph 10C(5)(a)

Omit “the Safety Authority”, substitute “NOPSEMA”.

18  Subparagraphs 10D(1)(a)(i) and (ii)

Omit “the Safety Authority”, substitute “NOPSEMA”.

19  Paragraph 10D(5)(a)

Omit “the Safety Authority”, substitute “NOPSEMA”.

20  After Part 4B

Insert:

Part 4C—Annual titles administration levy

 

10E  Imposition of annual titles administration levy

 (1) If an eligible title is in force, levy is imposed for each year of the term of the title, if that year begins at or after the commencement of this section.

Note: For eligible title, see subsection (7).

 (2) Levy imposed by subsection (1) is to be known as annual titles administration levy.

 (3) Annual titles administration levy imposed by subsection (1) is payable by the registered holder of the title.

Amount of annual titles administration levy

 (4) The amount of annual titles administration levy imposed by subsection (1) on a title is the amount that is specified in, or worked out in accordance with, the regulations.

 (5) The regulations may specify different amounts of annual titles administration levy, or different means of working out amounts of annual titles administration levy, in relation to different eligible titles.

 (6) Subsection (5) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

Definitions

 (7) In this section:

eligible title means:

 (a) a work‑bid petroleum exploration permit; or

 (b) a special petroleum exploration permit; or

 (c) a petroleum retention lease; or

 (d) a petroleum production licence; or

 (e) an infrastructure licence; or

 (f) a pipeline licence; or

 (g) a work‑bid greenhouse gas assessment permit; or

 (h) a greenhouse gas holding lease; or

 (i) a greenhouse gas injection licence.

registered holder, in relation to a title, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

special petroleum exploration permit has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

work‑bid greenhouse gas assessment permit has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

work‑bid petroleum exploration permit has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

 (8) For the purposes of this section, a year of the term of an eligible title is to be determined in the same manner as it is determined under section 10 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Part 4D—Environment plan levy

 

10F  Imposition of environment plan levy—activities authorised by Commonwealth titles

 (1) If:

 (a) 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 activities to which the plan relates are authorised by one or more Commonwealth titles; or

 (b) both:

 (i) a proposed revision of an environment plan is submitted to NOPSEMA under regulation 17, 18 or 19 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; and

 (ii) the activities to which the revised plan relates are authorised by one or more Commonwealth titles;

levy is imposed on the submission.

 (2) Levy imposed by subsection (1) is to be known as environment plan levy.

 (3) Environment plan levy imposed by subsection (1) is payable:

 (a) if:

 (i) paragraph (1)(a) applies; and

 (ii) the activities to which the plan relates are authorised by a single Commonwealth title;

  by the registered holder of the Commonwealth title; or

 (b) if:

 (i) paragraph (1)(a) applies; and

 (ii) the activities to which the plan relates are authorised by 2 or more Commonwealth titles;

  jointly and severally by the registered holders of the Commonwealth titles; or

 (c) if:

 (i) paragraph (1)(b) applies; and

 (ii) the activities to which the revised plan relates are authorised by a single Commonwealth title;

  by the registered holder of the Commonwealth title; or

 (d) if:

 (i) paragraph (1)(b) applies; and

 (ii) the activities to which the revised plan relates are authorised by 2 or more Commonwealth titles;

  jointly and severally by the registered holders of the Commonwealth titles.

Amount of environment plan levy

 (4) The amount of environment plan levy imposed by subsection (1) in respect of a submission is the amount that is specified in, or worked out in accordance with, the regulations.

 (5) The regulations may specify different amounts of environment plan levy, or different means of working out amounts of environment plan levy, in relation to different circumstances.

 (6) Subsection (5) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

Definitions

 (7) In this section:

Commonwealth title means:

 (a) a petroleum exploration permit; or

 (b) a petroleum retention lease; or

 (c) a petroleum production licence; or

 (d) an infrastructure licence; or

 (e) a pipeline licence; or

 (f) a petroleum special prospecting authority; or

 (g) a petroleum access authority; or

 (h) a greenhouse gas assessment permit; or

 (i) a greenhouse gas holding lease; or

 (j) a greenhouse gas injection licence; or

 (k) a greenhouse gas search authority; or

 (l) a greenhouse gas special authority.

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

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

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

petroleum access authority has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

petroleum special prospecting authority has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

registered holder, in relation to a title, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

10G  Imposition of environment plan levy—activities authorised by State/Territory titles

 (1) If either:

 (a) 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 activities to which the plan relates are authorised by one or more State/Territory titles; or

 (b) both:

 (i) a proposed revision of an environment plan is submitted to NOPSEMA under a regulation of a State or Territory that substantially corresponds to regulation 17, 18 or 19 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009; and

 (ii) the activities to which the revised plan relates are authorised by one or more State/Territory titles;

levy is imposed on the submission.

 (2) Levy imposed by subsection (1) is to be known as environment plan levy.

 (3) Environment plan levy imposed by subsection (1) is payable:

 (a) if:

 (i) paragraph (1)(a) applies; and

 (ii) the activities to which the plan relates are authorised by a single State/Territory title;

  by the registered holder of the State/Territory title; or

 (b) if:

 (i) paragraph (1)(a) applies; and

 (ii) the activities to which the plan relates are authorised by 2 or more State/Territory titles;

  jointly and severally by the registered holders of the State/Territory titles; or

 (c) if:

 (i) paragraph (1)(b) applies; and

 (ii) the activities to which the revised plan relates are authorised by a single State/Territory title;

  by the registered holder of the State/Territory title; or

 (d) if:

 (i) paragraph (1)(b) applies; and

 (ii) the activities to which the revised plan relates are authorised by 2 or more State/Territory titles;

  jointly and severally by the registered holders of the State/Territory titles.

Amount of environment plan levy

 (4) The amount of environment plan levy imposed by subsection (1) in respect of a submission is the amount that is specified in, or worked out in accordance with, the regulations.

 (5) The regulations may specify different amounts of environment plan levy, or different means of working out amounts of environment plan levy, in relation to different circumstances.

 (6) Subsection (5) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.

Definitions

 (7) In this section:

registered holder, in relation to a State/Territory title, means the person whose name is shown in the Register kept under the relevant State PSLA or Territory PSLA as the holder of the title.

State/Territory title means an instrument under a State PSLA or Territory PSLA that confers, in relation to the coastal waters of a State or Territory, some or all of the rights that a Commonwealth title (within the meaning of section 10F) confers in relation to the offshore area of the State or Territory.

21  Section 11

Omit “10C and 10D”, substitute “10C, 10D, 10E, 10F and 10G”.

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 25 May 2011

Senate on 7 July 2011]

(86/11)

 

Overview

The Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment (2011 Measures No. 2) Act 2011, enacted by the Parliament of Australia, amends the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003. The 2011 Amendment Act was introduced to address the need for updated and additional levies to be imposed on activities related to offshore petroleum and greenhouse gas storage, ensuring adequate funding and resources are available for the regulation of these activities. This legislative amendment introduces two new levies: the annual titles administration levy and the environment plan levy, and makes consequential amendments to definitions and references within the primary Act. The policy objective is to support the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) in effectively regulating and managing offshore petroleum and greenhouse gas storage activities. The Act commenced on 14 October 2011, with certain provisions coming into effect on 1 January 2012, aligning with the commencement of related provisions in other Acts. The amendments include changes to definitions, substitution of references to the former Safety Authority with NOPSEMA, and the introduction of new levy provisions. These changes aim to streamline the regulatory framework, ensuring that it remains current and effective in supporting the regulatory functions of NOPSEMA.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment (2011 Measures No. 2) Act 2011 is an Act of the Parliament of Australia that amends the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003. The Act applies to entities engaged in offshore petroleum activities and greenhouse gas storage within Australia's jurisdiction, including Commonwealth, state, and territory waters. The primary focus of the Act is the imposition of regulatory levies to fund the operations of the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA). The Act applies to various titles and permits, such as petroleum exploration permits, petroleum production licences, infrastructure licences, pipeline licences, and greenhouse gas-related permits. The Act introduces two new levies: the annual titles administration levy, which applies to specified titles for each year of their term, and the environment plan levy, which applies when an environment plan is submitted to NOPSEMA. The Act also includes amendments to definitions and references to replace instances of "the Safety Authority" with "NOPSEMA". The commencement of the Act is staggered, with some provisions taking effect on the date of Royal Assent, while others commence on 1 January 2012, aligning with the commencement of other related legislative amendments. The Act extends its application through subordinate instruments, which may specify different amounts of levy and means of calculating these amounts in relation to different circumstances.

Key Provisions

The Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment (2011 Measures No. 2) Act 2011 introduces several amendments to the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003, including the introduction of new levies and the redefinition of certain terms. Firstly, the Act introduces an annual titles administration levy (Section 10E) which applies to various eligible titles, such as petroleum exploration permits, petroleum production licences, and greenhouse gas injection licences. This levy is imposed annually on the registered holder of these titles, and its amount is determined by regulations. Secondly, the Act introduces an environment plan levy (Sections 10F and 10G) which applies when an environment plan is submitted to NOPSEMA and the related activities are authorised by Commonwealth or State/Territory titles. The environment plan levy is payable by the registered holder of the relevant title(s), with the amount determined by regulations. The Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment (2011 Measures No. 2) Act 2011 imposes specific obligations on parties involved in offshore petroleum and greenhouse gas storage activities. For example, holders of eligible titles must pay the annual titles administration levy as specified in the regulations. Similarly, holders of Commonwealth or State/Territory titles must pay the environment plan levy when submitting an environment plan to NOPSEMA. These obligations ensure that regulatory costs are appropriately allocated and that funds are raised to support the activities of NOPSEMA. Additionally, the Act requires that definitions and references to the Safety Authority be updated to reflect the establishment of NOPSEMA as the regulatory authority, thus ensuring consistency with the broader legislative framework. The Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment (2011 Measures No. 2) Act 2011 does not explicitly outline specific offences, penalties, or consequences for non-compliance with the levies introduced. However, non-compliance with regulatory requirements generally attracts penalties under the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003. For instance, failure to pay a levy may result in a civil penalty, with the exact penalty amount determined by the regulations. Additionally, persistent non-compliance could lead to enforcement actions by NOPSEMA, which may include legal proceedings to recover unpaid levies or other associated costs. These potential consequences underscore the importance of adhering to the obligations imposed by the Act.

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