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 (Resource Management and Administration) Amendment (Fees) Regulations 2026
Purpose and Operation
The purpose of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Fees) Regulations 2026 (the Regulations) is to implement the outcomes of the National Offshore Petroleum Titles Administrator’s (NOPTA) cost recovery implementation statement (CRIS) for 2026. The CRIS proposed increases in the amounts for the annual titles administration levy, application fees and fees for service, and is publicly available on the NOPTA website.
The mechanism for setting levy and fee amounts is through the preparation of a CRIS that meets the requirements of the Australian Government Cost Recovery Policy. NOPTA conducts regular reviews of its CRIS. The CRIS for 2026 required levies and fees to be increased, to ensure that the cost recovery arrangements are adequate to enable NOPTA to continue to effectively discharge its regulatory functions.
The Regulations commence on the later of:
- 1 May 2026; and
- the day after the Regulations are registered.
Further details of the Regulations are outlined in Attachment A.
Background
The Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the OPGGS Act) provides for fees for specified applications, and for specified services provided by NOPTA, to be prescribed in regulations. NOPTA is fully funded through cost recovery charges and manages the funds through an administered Special Account, in accordance with Division 3 of Part 6.10 of the OPGGS Act.
Fee amounts are prescribed in the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025.
NOPTA has functions and powers conferred on it by or under the OPGGS Act. The OPGGS Act provides that NOPTA is responsible for assisting and advising the Joint Authority and the responsible Commonwealth Minister, keeping registers of titles, and data and information management.
NOPTA’s 2025 CRIS implemented revised charging arrangements to provide for a graduated transition to full cost recovery for greenhouse gas (GHG) activities. The next statutory review of the activities of NOPTA will be utilised to identify and address, where necessary, the cross subsidisation between GHG and petroleum activities. Accurate cost and activity estimates are challenging to forecast in an emerging industry with significant complexity and uncertainty. It is expected the accuracy of estimates will improve as the GHG industry matures. Recommendations from the statutory review will inform the development of the 2026 cost recovery review.
It should be noted that complex activities in the later stages of the GHG lifecycle such as holding leases, injection licences and site plan assessments have not been undertaken by NOPTA yet, and the costs of which will be reviewed regularly.
The fees are not such as to amount to taxation. Increases to fees made by the Regulations represent a realignment of the fees to better reflect NOPTA’s effort to assess the different types of applications or perform the relevant functions. The revised fees reflect the actual cost of processing applications, and are impacted by factors such as the increasing complexity and cost of certain applications.
Authority
Section 781 of 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. Sections 256, 427, 516A, 565A and 566M of the OPGGS Act provide that specified applications must be accompanied by the fee (if any) prescribed by the regulations. Section 695L provides that NOPTA may charges such fees as are specified in the regulations for specified services provided by NOPTA in performing a function or exercising a power under the OPGGS Act or regulations.
Consultation
NOPTA held a public consultation process on the draft 2026 CRIS between 6 to 20 November 2025. NOPTA used the Department of Industry, Science and Resources’ (the department) Consultation Hub, the NOPTA website, the department’s website and approached stakeholders directly via email.
Two submissions were received during the consultation process. The feedback was considered in the finalisation of the CRIS, and NOPTA responded directly to the relevant parties. One submission indicated a preference for a standard increase across all fee types, for example 10 per cent per year. The second submission suggested NOPTA identify internal efficiencies prior to any further fee and levy increases being proposed. NOPTA decided to proceed with the proposed increases as outlined in the CRIS to ensure alignment with the Australian Government Charging Framework and enable appropriate resourcing to ensure NOPTA maintains competent capacity to administer titles and data management.
Impact Analysis
The Office of Impact Analysis (OIA) has confirmed that a Regulatory Impact Statement is not required for the Regulations. The OIA reference is OIA24-07538.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is set out at Attachment B.
Attachment A
Details of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Fees) Regulations 2026
Section 1 – Name
This section specifies the name of the instrument as the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Fees) Regulations 2026.
Section 2 – Commencement
This section provides that the instrument commenced on the later of:
- 1 May 2026; and
- the day after the Regulations were registered.
Section 3 – Authority
This section sets out that the instrument is made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
SCHEDULE 1—AMENDMENTS
Part 1—Main amendments
Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025
Item 1 – Clause 1 of Schedule 1 (table items 13 and 14, column headed “Fee ($)”)
Section 256 of the OPGGS Act requires certain applications to be accompanied by the application fee (if any) prescribed by the regulations. Items 13 and 14 of the table in clause 1 of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025 (RMA Regulations) relate to an application for a:
• pipeline licence under section 217 of the OPGGS Act; and
• variation of pipeline licence under section 226 of the OPGGS Act.
This item increases the application fee for each from $18,000 to $25,500.
Item 2 – Clause 2 of Schedule 1 (table item 1, column headed “Fee ($)”)
Section 516A of the OPGGS Act requires certain applications to be accompanied by the application fee (if any) prescribed by the regulations. Item 1 of the table in clause 2 of Schedule 1 to the RMA Regulations relates to an application for the approval of the transfer of a petroleum title under section 473 of the OPGGS Act.
This item increases the application fee from $10,000 to $25,500.
Item 3 – Clause 3 of Schedule 1 (table item 1, column headed “Fee ($)”)
Section 566M of the OPGGS Act requires an application for an approval under section 566C (change in control of a registered holder of a title) to be accompanied by the fee (if any) prescribed by the regulations. Item 1 of the table in clause 3 of Schedule 1 to the RMA Regulations relates to an application for approval of a change in control.
This item increases the fee from $10,000 to $25,500.
Item 4 – Clause 4 of Schedule 1 (table items 4, 5, 6, 9, 11, 12 and 13, column headed “Fee ($)”)
Section 695L of the OPGGS Act authorises NOPTA to charge such fees as are specified in the regulations for specified services provided by NOPTA in performing a function, or exercising a power, under the OPGGS Act or regulations.
Item 4 of the table in clause 4 of Schedule 1 to the RMA Regulations relates to processing an application for one or more of the following under item 1 of the table in subsection 264(1) of the OPGGS Act in relation to a petroleum title:
(a) variation of conditions of a permit, lease or licence;
(b) suspension of conditions and extension of the term of a permit or lease;
(c) exemption from conditions of a permit, lease or licence;
(d) suspension of conditions of a permit, lease or licence.
This item increases the fee for each from $18,000 to $25,500.
Item 5 of the table in clause 4 of Schedule 1 to the RMA Regulations relates to processing an application for a consent to surrender a title under section 269 of the OPGGS Act.
This item increases the fee from $18,000 to $25,500.
Item 6 of the table in clause 4 of Schedule 1 to the RMA Regulations relates to processing an application for approval to carry out one or more key greenhouse gas operations under a greenhouse gas assessment permit under section 292 or 292A of the OPGGS Act.
This item increases the fee from $18,000 to $25,500.
Item 9 of the table in clause 4 of Schedule 1 to the RMA Regulations relates to processing an application for approval to carry out one or more key greenhouse gas operations under a greenhouse gas holding lease under section 321 or 321A of the OPGGS Act.
This item increases the fee from $18,000 to $25,500.
Items 11, 12 and 13 of the table in clause 4 of Schedule 1 to the RMA Regulations relate to processing an:
- Application for one or more of the following under item 1 of the table in subsection 436(1) of the OPGGS Act in relation to a greenhouse gas assessment permit, greenhouse gas holding lease or greenhouse gas injection licence:
- variation or suspension of any of the conditions to which the permit, lease or licence is subject;
- exemption from compliance with any of the conditions to which the permit, lease or licence is subject;
- Application for one or more of the following under item 1 of the table in subsection 439A(1) of the OPGGS Act in relation to a cross-boundary greenhouse gas assessment permit, cross-boundary greenhouse gas holding lease or cross-boundary greenhouse gas injection licence:
- variation or suspension of any of the conditions to which the permit, lease or licence is subject;
- exemption from compliance with any of the conditions to which the permit, lease or licence is subject; and
- Application for a consent to surrender a title under section 441 of the OPGGS Act.
This item increases the fee for each from $18,000 to $25,500.
Item 5 – Clause 5 of Schedule 1 (table item 9, column headed “Fee ($)”)
Section 427 of the OPGGS Act requires certain applications to be accompanied by the application fee (if any) prescribed by the regulations. Item 9 of the table in clause 5 of Schedule 1 to the RMA Regulations relates to an application for a greenhouse gas site closing certificate.
This item increases the fee from $18,000 to $40,000.
Item 6 – Clause 6 of Schedule 1 (table item 1, column headed “Fee ($)”)
Section 565A of the OPGGS Act requires certain applications to be accompanied by the application fee (if any) prescribed by the regulations. Item 1 of the table in clause 6 of Schedule 1 to the RMA Regulations relates to an application for approval of a transfer of a GHG title under section 525 of the OPGGS Act.
This item increases the fee from $10,000 to $25,500.
Part 2—Application provision
Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025
Item 7 – In the appropriate position in Part 16
New Division 2 is added at the appropriate position in Part 16 of the RMA Regulations for provisions relating to the commencement of the Regulations.
New section 261 is an application provision. It provides for the amendments to the RMA Regulations, made by the Regulations, to apply in relation to an application, request or nomination made on or after the commencement of new section 261. Section 261 commences on the later of:
- 1 May 2026; and
- the day after the Regulations were registered.
This ensures the amendments made by the Regulations do not have retrospective effect.
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 (Resource Management and Administration) Amendment (Fees) Regulations 2026
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 (Resource Management and Administration) Amendment (Fees) Regulations 2026 (the Regulations) is a legislative instrument for the purposes of the Legislation Act 2003.
The Regulations increase the fee amounts for various functions undertaken by the National Offshore Petroleum Titles Administrator (NOPTA). The increased fees implement NOPTA’s Cost Recovery Implementation Statement for 2026, ensuring that the cost recovery arrangements are adequate to enable them to continue to effectively discharge their regulatory functions.
The Regulations are made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the OPGGS Act). The OPGGS Act enables the prescription of relevant fees in the regulations.
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