Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Release of Documentary Information) Regulations 2025

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Resources

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Purpose and Operation

The Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act) provides the legal framework for the exploration for and recovery of petroleum, and for the injection and storage of greenhouse gas substances, in offshore areas (i.e. Commonwealth waters).

The Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 (the 2011 RMA Regulations) ensure that operations in an offshore area are carried out in accordance with good oilfield practice and are compatible with the optimum long-term recovery of petroleum. The 2011 RMA Regulations cover a range of resource management and administration matters, including notification and reporting of discovery of petroleum, field development plans and well operations management plans. The 2011 RMA Regulations aide the administration of the OPGGS Act by ensuring that administrators are provided with adequate information about all aspects of exploration, discovery, development and production or injection operations in relation to petroleum and greenhouse gas substances.

The 2011 RMA Regulations regulate the public release of documentary information submitted by titleholders. A key aspect of the offshore resources regime is the collection, management and public release of data acquired and generated as part of offshore petroleum and greenhouse gas activities. The Australian Government acts as a custodian of Australia’s resources on behalf of the Australian people. The collection and dissemination of geoscientific data is one of the policy settings designed to draw value from the exploitation of Australia’s offshore resources.

The purpose of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Release of Documentary Information) Regulations 2025 (the Amendment Regulations) is to amend the 2011 RMA Regulations to introduce an additional requirement to the disclosure of survey information. Under the Amendment Regulations survey information can only be disclosed if the responsible Commonwealth Minister has made a notice that specifies that kind of survey information is appropriate to make publicly known, or the responsible Minister has, after considering the national interest, made a notice that specifies that survey information is appropriate to be made available to specific persons.

Additionally, the responsible Minister may, after considering the national interest, make a notice that specifies survey information that is not appropriate to be made available to specific persons.

Survey information is information relating to seismic surveys and other geophysical and geological surveys.

The amendments will have effect on commencement and will require the Minister to consider the national interest before any information is made publicly known, or available to a person, if it has not been publicly available prior to commencement.

Further details of the Amendment Regulations are outlined in Attachment A.

Authority

Section 781 of the OPGGS Act provides that the Governor-General may make regulations prescribing matters required or permitted by that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to that Act.

Subsection 782(1) provides that the regulations may make provision for securing, regulating, controlling, or restricting specific matters. This includes petroleum exploration and recovery, and greenhouse gas exploration, injection, and storage, and the carrying on of operations and works for those purposes.

Sections 712 and 715 respectively provide that the Titles Administrator or a recipient Minister must not make documentary information relating to petroleum publicly known, or make the information available to another person (other than a Commonwealth, State or Northern Territory Minister), unless the Titles Administrator or the recipient Minister does so in accordance with regulations made for the purposes of paragraph 712(2)(c) or 715(2)(c), or for the purposes of the administration of the OPGGS Act or regulations.

Sections 738 and 740A respectively provide that the Titles Administrator, the responsible Commonwealth Minister or a recipient Minister must not make documentary information relating to greenhouse gas publicly known, or make the information available to another person (other than a Commonwealth, State or Northern Territory Minister), unless the Titles Administrator or the Minister does so in accordance with regulations made for the purposes of paragraph 738(2)(c) or 740A(2)(c) or (3)(c), or for the purposes of the administration of the OPGGS Act or regulations.

Commencement

The Amendment Regulations commence the day after the instrument is registered on the Federal Register of Legislation.

Consultation

The department consulted with the National Offshore Petroleum Titles Administrator, the National Offshore Petroleum Safety and Environmental Management Authority, the Department of Defence, the Department of Home Affairs and Geoscience Australia. The outcomes of these consultations have been taken into account in preparing these Amendment Regulations.

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 (Release of Documentary Information) Regulations 2025

Section 1 – Name

Section 1 provides that the title of the instrument is the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Release of Documentary Information) Regulations 2025.

Section 2 – Commencement

Section 2 provides for the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Release of Documentary Information) Regulations 2025 (the Amendment Regulations) to commence the day after they are registered on the Federal Register of Legislation.

Section 3 – Authority

Section 3 provides that the instrument is made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the OPGGS Act).

Section 4 – Schedules

Section 4 sets out the operation of the Schedules to the Amendment Regulations.

Schedule 1—Amendments

Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011

Background

Independent Merits Review

Chapter 9, Part 9.1 of the OPGGS Act provides that certain decisions of the Titles Administrator and the responsible Commonwealth Minister (the RCM), relating to the release of technical information, may be reviewed by the Administrative Review Tribunal. These are reviewable Ministerial decisions (section 747 of the OPGGS Act) and reviewable Titles Administrator decisions (section 747A of the OPGGS Act).

Section 745 of the OPGGS Act defines:

reviewable Ministerial decision to mean a decision of the responsible Commonwealth Minister under regulations made for the purposes of paragraph 715(2)(c) or paragraph 738(2)(c) of the OPGGS Act; and

reviewable Titles Administrator decision to mean a decision of the Titles Administrator under regulations made for the purposes of paragraph 712(2)(c) or 713(2)(c) of the OPGGS Act, where the decision is of a kind referred to in paragraph 718(2)(b) of that Act.

Where the RCM makes a decision under regulation 8.11 or 8.13 or regulation 10.11 or 10.13 of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 (2011 RMA Regulations) to make documentary information publicly known, or available to a person, that decision will be subject to independent merits review. This is because these RCM decisions are captured by the definition of reviewable Ministerial decision in section 745 of the OPGGS Act.

A decision by the Titles Administrator under regulation 8.11 or 8.13 or regulation 10.11 or 10.13 is not amenable to independent merits review. This is because the decision falls outside the definition of reviewable Titles Administrator decisions in section 745 of the OPGGS Act as the decisions are not subject to review by the Minister under s 718(2)(b) of the 2011 RMA Regulations.

New subregulations 8.13AA(3), (4) and (5) and subregulations 10.13A(3), (4) and (5) as introduced by the Amendment Regulations are notices made by the RCM to the Titles Administrator that have the effect of restricting the exercise of the Titles Administrator’s discretion under existing subregulations 8.11(1), 8.13(1), 10.11(1) and 10.13A(1) for survey information.

The decision of the RCM to issue the notice is unlikely to be subject to merits review because this will not be a decision made for the purposes of paragraphs 715(2)(c) or 738(2)(c) of the OPGGS Act. If the power under subregulations 8.11(1) and 10.11(1) to release documentary information is exercised by the Titles Administrator, that decision is ultimately made by the Titles Administrator, not the RCM. However, where the Minister is exercising the power (i.e. 8.11(1)(ii) or (iii) applies), that decision will be subject to merits review.

Judicial review of a decision made under the 2011 RMA Regulations could be sought by a person aggrieved by a decision, subject to normal administrative law principles.

Item 1 – At the end of regulation 8.09

Regulation 8.09 of the 2011 RMA Regulations sets out the purpose of Division 3 of Part 8 of those regulations. The regulation provides that for the purposes of paragraphs 712(2)(c) and 715(2)(c) of the OPGGS Act (which are concerned with, respectively, the protection of the confidentiality of documentary information relating to petroleum given to the Titles Administrator, and the RCM), the Division sets out the circumstances in which the Titles Administrator or the RCM may make documentary information publicly known, or available to a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory).

Item 1 amends regulation 8.09 to add a note to clarify that under section 715 of the OPGGS Act, the RCM is a recipient Minister and is subject to the rules of this Division.

Item 2 – At the end of subregulation 8.11(1)

Regulation 8.11 currently provides a discretion for the Titles Administrator or the RCM to make documentary information in relation to petroleum publicly known or available to a person. The release of documentary information is only permitted if it is basic information, that is also disclosable information, and the relevant day for releasing the information has passed.

The regulation lists the relevant days for releasing the information in relation to data related to seismic surveys, other geophysical and geological surveys, and well operations. Although this regulation allows that information to be released (i.e. the relevant day has passed) it does not mean that it will automatically be made publicly available or available to a person on that date.

Item 2 amends subregulation 8.11(1) to introduce additional provisions that specify that if the documentary information is information relating to seismic surveys or other geophysical and geological surveys then the new requirements introduced by item 4 must be satisfied before such information may be made publicly known or available to a person.

Before the Titles Administrator makes survey information publicly known or available to a person the requirements of subregulation 8.13AA(1) or subregulation 8.13AA(3) respectively, must be met.

Before the RCM makes survey information publicly known or available to a person, the requirements of subregulation 8.13AA(3) or subregulation 8.13AA(6), respectively, must be met.

A note directs the reader to subregulation 8.13AA(8) for a definition of the term ‘survey information’.

Item 3 – Subregulation 8.13(1)

Regulation 8.13 operates to ensure that the Titles Administrator and RCM have the authority to share information in circumstances where the documentary information has been made available elsewhere or when explicit permission has been given by the owner of that data information.

Subregulation 8.13(1) currently provides the Titles Administrator or the RCM with a discretionary power to make documentary information publicly known, or available to a person if it was already made public by the petroleum titleholder who gave it to the Titles Administrator. Documentary information may also be made publicly known if the titleholder has consented in writing to it being made publicly known, or available to a person.

Item 3 repeals existing subregulation 8.13(1) and replaces it with a new provision that includes new and additional provisions which set out the conditions under which the Titles Administrator or the RCM may make documentary information in relation to petroleum that is survey information (other than interpretative information) publicly known or available to a person.

A note directs the reader to subregulation 8.13AA(8) for a definition of the term ‘survey information’.

Item 4 – After regulation 8.13

Item 4 inserts new regulation 8.13AA-Requirements for making survey information available to a person. The purpose of this new provision is to set out the requirements that must be met by the Titles Administrator or the RCM before exercising their discretion under subregulation 8.11(1) or 8.13(1) to make survey information publicly known, or available to a person.

The amendments introduce a mechanism for the RCM to consider a proposed data release in the context of the national interest and to provide their explicit agreement to the making of the whole or part of that information publicly known or available to a person by the Titles Administrator. Consideration of the national interest may give rise to matters, including, but not limited to, national security concerns, economic prosperity, international relations, cultural heritage and technological advancement.

The purpose of introducing a national interest consideration is to provide for the protection of sensitive data. This approach is consistent with the Australian Government’s enduring view that the need to attract investment for energy security and regional stability must be appropriately balanced against any potential for harm and adverse impacts on the national interest.

Requirements for Titles Administrator—making survey information available to a person

The purpose of new subregulation 8.13AA(1) is to set out the requirements for the making of survey information available to a person by the Titles Administrator. This includes circumstances where a person has specifically requested access to this information.

Under subregulation 8.13AA(1) the Titles Administrator is prohibited from making survey information available to a requesting person under subregulation 8.11(1) or 8.13(1) unless the following specified circumstances apply:

the information is covered by a notice made by the RCM under subregulation 8.13AA(3) (paragraph 8.13AA(1)(a)); or
the information and person are covered by a notice made by the RCM under subregulation 8.13AA(4) (paragraph 8.13AA(1)(b)); or
the information is not covered by a notice made by the RCM under subregulation 8.13AA(3), (4), or (5), but the Titles Administrator has notified the RCM in writing of that person and that information and the RCM agrees to it being made available to that person (paragraph 8.13AA(1)(c)).

A note to subregulation 8.13AA(1) directs the reader to subregulation 8.13AA(8) for a definition of the term ‘survey information’.

New subregulation 8.13AA(2) applies where the RCM has not made a notice under subregulation 8.13AA(3), (4) or (5) and the Titles Administrator has written to the RCM, notifying the RCM about the information and the person to whom the Titles Administrator may release the information. Before agreeing to that release under paragraph 8.13AA(1)(c)(ii), the RCM must consider whether it is in the national interest not to make the whole, or part, of the survey information available to that person.

The RCM must notify the Titles Administrator of the outcome of this consideration which may be one of the following three options:

that the RCM does not agree to any of that information being made available to that person (paragraph 8.13AA(2)(b)(i)); or
that the RCM agrees to the whole of that information being made available to that person (paragraph 8.13AA(2)(b)(ii)); or
that the RCM agrees to a specified part of that information being made available to that person (paragraph 8.13AA(2)(b)(iii)).

The purpose of specifying these three options is to provide clarity and certainty around the scope of a decision by the RCM in relation to the provision of the information to a person. The notification to the Titles Administrator must be made in writing.

Consideration of the national interest will involve an assessment that balances the need to attract investment for energy security and regional stability against any potential for harm and adverse impacts on the national interest.

New subregulation 8.13AA(3) allows the RCM to specify by notice in writing that certain survey information is appropriate for the Titles Administrator to make publicly known.

New subregulation 8.13AA(4) allows the RCM to specify by notice in writing survey information that is appropriate for the Titles Administrator to make available to specified persons. This provision will enable the RCM to issue a notice that says that a particular class of people can access particular (specified) types of information. For example, the RCM could issue a notice saying that all processed 3D seismic survey information in a particular geographical area could be made available to a person holding a valid title under the OPGGS Act. There is no limit on the ways that a notice may specify groups of people or specify the information.

New subregulation 8.13AA(5) allows the RCM to specify by notice in writing that certain survey information is not appropriate for the Titles Administrator to make available to any person.

The purpose of these notification provisions is to reduce administrative burden where it is concluded that a case-by-case assessment of the information is not required to determine whether it is appropriate for being made publicly known or available to a person.

In deciding whether under subregulation 8.13AA(3) specific survey information is appropriate for the Titles Administrator to make publicly known the RCM is not required to consider the national interest. This position reflects the Australian Government’s enduring policy to facilitate the exploration and development of offshore resources.

Where the RCM makes a notification under subregulation 8.13AA(4) or (5) respectively, that information is only appropriate for release to specified persons, or not appropriate for release to any person; the national interest must be considered in the making of that notice. By allowing information to be made publicly available unless there is a national interest reason not to do so, the amendments balance the need to attract investment for energy security and regional stability against any potential for harm and adverse impacts to the national interest.

Notes to paragraphs 8.13AA(3), (4) and (5) direct the reader to subsection 33(3) of the Acts Interpretation Act 1901 for variation and revocation of a notice made under these provisions.

Requirements for responsible Commonwealth Minister—making survey information available to a person

The purpose of new subregulation 8.13AA(6) is to set out the conditions for the making of survey information available to a person by the RCM personally.

Under subregulation 8.13AA(6) the RCM is prohibited from making survey information available to a person under subregulation 8.11(1) or 8.13(1) unless:

that information is covered by a notice under subregulation (3) (paragraph 8.13AA(6)(a)); or
that information and person is covered by a notice under subregulation (4) (paragraph 8.13AA(6)(b)); or
if the information and person are not covered by a notice under subregulation (3) or (4), that information is not covered by a notice under subregulation (5) and the person has not already requested the Titles Administrator to make that information available to that person—the RCM has considered whether it is in the national interest not to make that information available to that person (paragraph 8.13AA(6)(c)).

A decision by the RCM made under paragraph 8.13AA(6)(c), that information should not be made available to a person, must consider the national interest. To come to this position the RCM will make an assessment that balances the need to attract investment for energy security and regional stability against any potential for harm and adverse impacts to the national interest.

A note to subregulation 8.13AA(6) directs the reader to subregulation 8.13AA(8) for a definition of the term ‘survey information’.

No limits on matters the responsible Commonwealth Minister may consider

The purpose of new subregulation 8.13AA(7) is to make clear that the requirements set out under paragraph 8.13AA(2)(a), subregulations (4) and (5) and paragraph 8.13AA(6)(c) do not limit the matters the RCM may consider. That is, while the RCM must consider the matter of the national interest, it is also open to the RCM to consider other matters when coming to a decision about whether or not documentary information should be made available to a person.

Survey information

For the purposes of Division 3 of Part 8 of the 2011 RMA Regulations, new subregulation 8.13AA(8) defines the term ‘survey information’ to mean the following documentary information:

documentary information relating to seismic surveys, geophysical surveys or geological surveys (paragraph 8.13AA(8)(a)); and
documentary information obtained from reprocessing as mentioned in subregulation 8.11(3) (paragraph 8.13AA(8)(b)).

Item 5 – At the end of subregulation 10.11(1)

Regulation 10.11 currently provides a discretion for the Titles Administrator or the RCM to make documentary information in relation to greenhouse gas publicly known or available to a person. The release of documentary information is only permitted if it is basic information that is also disclosable information, and the relevant day for releasing the information has passed.

Item 5 amends subregulation 10.11(1) to introduce additional provisions that specify that if the documentary information is information relating to seismic surveys or other geophysical and geological surveys then the new requirements introduced by item 7 must be satisfied before such information may be made publicly known or available to a person.

Before the Titles Administrator makes survey information publicly known or available to a person the requirements of subregulation 10.13A(1) or subregulation 10.13A(3) respectively, must be met.

Before the RCM makes survey information publicly known or available to a person, the requirements of subregulations 10.13A(3) or 10.13A(6), respectively, must be met.

A note directs the reader to subregulation 10.13A(8) for a definition of the term ‘survey information’.

Item 6 – Subregulation 10.13(1)

Regulation 10.13 operates to ensure that the Titles Administrator and RCM have the authority to share information in circumstances where the documentary information has been made available elsewhere or when explicit permission has been given by the owner of that information.

Item 6 will repeal existing subregulation 10.13(1) and replace it with a new provision that sets out the conditions under which the Titles Administrator or the RCM may make documentary information in relation to greenhouse gas that is survey information (other than interpretative information) publicly known or available to a person.

A note directs the reader to subregulation 10.13A(8) for a definition of the term ‘survey information’.

Item 7 – At the end of Division 3 of Part 10

Item 7 inserts new regulation 10.13A-Requirements for making survey information available to a person. The purpose of this new regulation is to set out the requirements that must be met by the Titles Administrator and the RCM before exercising their discretion under subregulation 10.11(1) or 10.13(1) to make survey information publicly known, or available to a person.

Requirements for Titles Administrator—making survey information available to a person

The purpose of new subregulation 10.13A(1) is to set out the requirements for the making of survey information available to a person by the Titles Administrator. This is intended to cover circumstances where a person has specifically requested access to this information.

Under subregulation 10.13A(1) the Titles Administrator is prohibited from making survey information available to a requesting person under subregulation 10.11(1) or 10.13(1) unless the following specified circumstances apply:

the information is covered by a notice made by the RCM under subregulation 10.13A(3) (paragraph 10.13A(1)(a)); or
the information and person are covered by a notice made by the RCM under subregulation 10.13A(4) (paragraph 10.13A(1)(b)); or
the information is not covered by a notice made by the RCM under subregulation 10.13A(3), (4), or (5), but the Titles Administrator has notified the RCM in writing of that person and that information and the RCM agrees to it being made available to that person (paragraph 10.13A(1)(c)).

A note to subregulation 10.13A(1) directs the reader to subregulation 10.13A(8) for a definition of the term ‘survey information’.

New subregulation 10.13A(2) applies where the RCM has not made a notice under subregulation 10.13A(3), (4) or (5) and the Titles Administrator has written to the RCM, notifying the RCM about the information and the person to whom the Titles Administrator may release the information. Before agreeing to that release under paragraph 10.13A(1)(c)(ii), the RCM must consider whether it is in the national interest not to make the whole, or part, of the survey information available to that person.

The RCM must notify the Titles Administrator of the outcome of this consideration which may be one of three specified options:

that the RCM does not agree to any of that information being made available to that person (paragraph 10.13A(2)(b)(i)); or
that the RCM agrees to the whole of that information being made available to that person (paragraph 10.13A(2)(b)(ii)); or
that the RCM agrees to a specified part of that information being made available to that person known (paragraph 10.13A(2)(b)(iii)).

New subregulation 10.13A(3) allows the RCM to specify by notice in writing that certain survey information is appropriate for the Titles Administrator to make publicly known.

New subregulation 10.13A(4) allows the RCM to specify by notice in writing survey information that is appropriate for the Titles Administrator to make available to specified persons. This provision will enable the RCM to issue a notice that says that a particular class of people can access particular (specified) types of information. For example, the RCM could issue a notice saying that all processed 3D survey information in a particular geographical area could be made available to a person holding a valid title under the OPGGS Act. There is no limit on the ways that a notice may specify groups of people or specify the information.

New subregulation 10.13A(5) allows the RCM to specify by notice in writing that certain survey information is not appropriate for the Titles Administrator to make available to any person.

The purpose of these notification provisions is to reduce administrative burden where it is concluded that a case-by-case assessment of the information is not required to determine whether it is appropriate to make it publicly known or available to a person.

In deciding whether under subregulation 10.13A(3) specific survey information is appropriate for the Titles Administrator to make publicly known the RCM is not required to consider the national interest. This position reflects the Australian Government’s enduring policy to facilitate the exploration and development of offshore resources.

Where the RCM makes a notification under subregulation 10.13A(4) or (5) respectively, that information is only appropriate for release to specified persons or not appropriate for release to any person the national interest must be considered in the making of that notice. By allowing information to be made publicly available unless there is a national interest reason not to do so, the amendments balance the need to attract investment for energy security and regional stability against any potential for harm and adverse impacts to the national interest.

Notes to paragraphs 10.13A(3), (4) and (5) direct the reader to subsection 33(3) of the Acts Interpretation Act 1901 for variation and revocation of a notice made under these provisions.

Requirements for responsible Commonwealth Minister—making survey information available to a person

The purpose of new subregulation 10.13A(6) is to set out the conditions for the making of survey information available to a person by the RCM personally.

Under subregulation 10.13A(6) the RCM is prohibited from making survey information available to a person under subregulation 10.11(1) or 10.13(1) unless:

that information is covered by a notice under subregulation (3) (paragraph 10.13A(6)(a)); or
that information and person are covered by a notice under subregulation (4) (paragraph 10.13A(6)(b)); or
if the information and person are not covered by a notice under subregulations (3) or (4), that information is not covered by a notice under subregulation (5) and the person has not already requested the Titles Administrator to make that information available to that person—the RCM has considered whether it is in the national interest not to make that information available to that person (paragraph 10.13A(6)(c)).

A decision made by the RCM under paragraph 10.13A(6)(c) that information should not be made available to a person must consider the national interest. To come to this position the RCM will make an assessment that balances the need to attract investment for energy security and regional stability against any potential for harm and adverse impacts to the national interest.

A note to subregulation 10.13A(6) directs the reader to subregulation 10.13A(8) for a definition of the term ‘survey information’.

No limits on matters the responsible Commonwealth Minister may consider

The purpose of new subregulation 10.13A(7) is to make clear that the requirements set out under paragraph 10.13A(2)(a), subregulations (4) and (5) and paragraph10.13A(6)(c) do not limit the matters the RCM may consider. That is, while the RCM must consider the matter of the national interest, it is also open to the RCM to consider other matters when coming to a decision about whether or not documentary information should be made available to a person.

Survey information

For the purposes of Division 3 of Part 10 of the 2011 RMA Regulations new subregulation 10.13A(8) defines the term ‘survey information’ to mean the following documentary information:

documentary information relating to seismic surveys, geophysical surveys or geological surveys (paragraph 10.13A(8)(a)); and
documentary information obtained from reprocessing as mentioned in subregulation 10.11(3) (paragraph 10.13A(8)(b)).

Item 8 – In the appropriate position in Part 13

Item 8 inserts new Division 4—Application and transitional provisions relating to the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Release of Documentary Information) Regulations 2025. The Division provides clarity by setting out the processes for the orderly transition from the current regulations to the Amended Regulations.

New regulation 13.06 addresses the application and transitional provisions for documentary information in relation to petroleum.

Application provision

New subregulation 13.06(1) sets out the application provisions for the proposed amendments of regulation 8.11 and regulation 8.13 and new regulation 8.13AA as added by Schedule 1 to the Amendment Regulations. Under this provision these amendments apply to a decision made by the Titles Administrator or the RCM on or after the commencement of the Amendment Regulations.

Transitional provision

New subregulation 13.06(2) deals with the arrangements for a decision made by the Titles Administrator or the RCM under subregulation 8.11(1) or 8.13(1) to make survey information in relation to petroleum (as defined by the Amendment Regulations) publicly known or available to a person before the commencement of the Amendment Regulations, but where before commencement that information had not actually been made publicly known or available to that person.

In these circumstances subregulation 13.06(2) would operate to apply new regulation 8.13AA as inserted by Schedule 1 to the Amendment Regulations in relation to the making of that documentary information publicly known or available to a person on or after the commencement of the Amendment Regulations. This means that the Titles Administrator and the RCM must meet the requirements of the new conditions with regard to documentary information being proposed for release.

New regulation 13.07 addresses the application and transitional provisions for documentary information in relation to greenhouse gas.

Application provision

New subregulation 13.07(1) sets out the application provisions for the proposed amendments of regulation 10.11 and regulation 10.13 and new regulation 10.13A as added by Schedule 1 to the Amendment Regulations. Under this provision these amendments apply to a decision made by the Titles Administrator or the RCM on or after the commencement of the Amendment Regulations.

Transitional provision

New subregulation 13.07(2) deals with the arrangements for a decision made by the Titles Administrator or the RCM under subregulation 10.11(1) or 10.13(1) to make survey information in relation to greenhouse gas (as defined by the Amendment Regulations) publicly known or available to a person before the commencement of the Amendment Regulations, but where before commencement that information had not actually been made publicly known or available to that person.

In these circumstances subregulation 13.07(2) would operate to apply new regulation 10.13A as inserted by Schedule 1 to the Amendment Regulations in relation to the making of that documentary information publicly known or available to a person on or after the commencement of the Amendment Regulations. This means that the Titles Administrator and the RCM must meet the requirements of the new conditions with regard to survey information being proposed for release.

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 (Release of Documentary Information) Regulations 2025

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) Regulations 2011 (the 2011 RMA Regulations) ensure that operations in an offshore area are carried out in accordance with good oilfield practice and are compatible with the optimum long-term recovery of petroleum and permanent storage of greenhouse gas substances. The 2011 RMA Regulations cover a range of resource management and administration matters, including notification and reporting of discovery of petroleum, field development plans and approvals of petroleum recovery and well operations management plans and approval of well activities. The 2011 RMA Regulations aide the administration of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 by ensuring that administrators are provided with adequate information about all aspects of exploration, discovery, development and production or injection operations in relation to petroleum and greenhouse gas substances.

A key aspect of the offshore resources regime includes the collection, management and public release of data acquired and generated as part of offshore petroleum and greenhouse gas activities. The Australian Government acts as a custodian of Australia’s resources on behalf of the Australian people. The collection and dissemination of geoscientific data is one of the policy settings designed to draw value from the exploitation of Australia’s offshore resources.

The purpose of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Release of Documentary Information) Regulations 2025 (the Amendment Regulations) is to amend the 2011 RMA Regulations to introduce decision points for the responsible Commonwealth Minster to consider the proposed release of documentary information that is survey information in the context of the national interest and to provide their explicit agreement to the making of the whole or part of that information publicly known or available to a person.

This approach is consistent with the Australian Government’s enduring view that the need to attract investment for energy security and regional stability must be appropriately balanced against any potential for harm and adverse impacts on the national interest.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms

Conclusion

The Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

The Hon Madeleine King MP

Minister for Resources

Administered by Department of Industry, Science and Resources

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