Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025

made under the

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Compilation No. 1

Compilation date: 1 May 2026

Includes amendments: F2026L00496

About this compilation

This compilation

This is a compilation of the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025 that shows the text of the law as amended and in force on 1 May 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1 Name

3 Authority

4 Simplified outline of this instrument

5 Objects

6 Definitions

7 Meaning of title area

8 Meaning of excluded information

9 Notices and reports

Part 2—Notification and reporting of discovery of petroleum

Division 1—Preliminary

10 Simplified outline of this Part

11 Purpose of this Part

Division 2—Petroleum titleholders

12 Application

13 Requirement to provide information when informing Titles Administrator of discovery of petroleum

14 Titles Administrator may request information to be included in discovery assessment report

15 Requirement to provide discovery assessment report

16 Further information about discovery assessment report

Division 3—Greenhouse gas titleholders

17 Application

18 Responsible Commonwealth Minister may request information to be included in discovery assessment report

19 Requirement to provide discovery assessment report

20 Further information about discovery assessment report

21 Information may be provided to responsible State Minister and responsible Northern Territory Minister

Part 3—Title assessment reports

Division 1—Preliminary

22 Simplified outline of this Part

23 Purpose of this Part

24 Application

Division 2—Title assessment reports

25 Requirement to provide annual title assessment report

26 Information to be provided in annual title assessment report—petroleum exploration permit

27 Information to be provided in annual title assessment report—petroleum retention lease

28 Information to be provided in annual title assessment report—petroleum production licence

29 Information to be provided in annual title assessment report—greenhouse gas assessment permit

30 Information to be provided in annual title assessment report—greenhouse gas holding lease

31 Annual title assessment reports may include any other relevant information

32 Approved forms

Division 3—Miscellaneous matters relating to title assessment reports

33 Reports may be combined with permission

34 Title assessment reports—transitioning to new reporting period

35 Title assessment report for part of a year

Part 4—Field development plans and approvals of petroleum recovery

Division 1—Preliminary

36 Simplified outline of this Part

37 Definitions

38 Purpose of this Part

Division 2—Field development plan requirements for petroleum production licensees

39 Requirement to have accepted field development plan

40 Requirement to undertake activities consistently with accepted field development plan

Division 3—Obtaining acceptance of field development plan

41 Application for acceptance of field development plan

42 Titles Administrator may request further information

43 Joint Authority decision on field development plan

44 Criteria for acceptance of field development plan

45 Contents of field development plan

Division 4—Varied field development plans

Subdivision A—Varied field development plans

46 Circumstances when petroleum production licensee must apply for acceptance of varied field development plan

47 Titles Administrator may request further information about varied field development plan

48 Joint Authority decision on varied field development plan

49 Amendment of varied field development plan

50 Effect of rejection of varied field development plan

Subdivision B—Varied field development plans required by Joint Authority

51 Joint Authority may require varied field development plan

52 Objection to requirement for varied field development plan

53 Joint Authority decision on objection to requirement for varied field development plan

Division 5—Withdrawal of acceptance of field development plan

54 Withdrawal of acceptance of field development plan

55 Steps to be taken before withdrawing acceptance

56 Notice of withdrawal of acceptance

Division 6—Recovery of petroleum without accepted field development plan

57 Application for permission to recover petroleum without accepted field development plan

58 Decision on application

Division 7—Rates of recovery of petroleum

Subdivision A—Recovery rate approvals

59 Requirement to obtain recovery rate approval

60 Recovery rate approval

61 Withdrawal of recovery rate approval

62 Steps to be taken before withdrawing recovery rate approval

63 Notice of withdrawal of recovery rate approval

Subdivision B—Short‑term permission to recover petroleum at non‑approved rate

64 Application for short‑term permission to recover petroleum at non‑approved rate

65 Decision on application for short‑term permission to recover petroleum at non‑approved rate

66 Approval of equipment and procedures to determine rates of recovery of petroleum

Division 8—Requirement to give notice of significant events

67 Meaning of significant event

68 Requirement to give notice of significant event

Part 5—Well integrity

Division 1—Preliminary

69 Simplified outline of this Part

70 Purpose of this Part

71 Application

72 Definitions

73 When a well operations management plan is in force

74 Well includes associated well‑related equipment

75 Well activity taken to occur if well is not operational

Division 2—Well operations management plan requirements

76 Requirement to have well operations management plan in force

77 Requirement to carry out well activities in accordance with well operations management plan etc.

Division 3—Obtaining acceptance of well operations management plan

78 Application for acceptance of well operations management plan

79 Decision on well operations management plan

80 Further information about submitted plan

81 Criteria for acceptance of well operations management plan

82 Contents of well operations management plan

Division 4—Revision of well operations management plan

83 Revision based on certain circumstances

84 Revision based on directions

85 Revision required by NOPSEMA

86 Revision required by NOPSEMA—objection to requirement

87 Revision at end of each 5 year period

88 Form of proposed revision

89 Application of Division 3 to revised well operations management plan

90 Effect of non‑acceptance of proposed revision

Division 5—Withdrawal of acceptance of well operations management plan

91 Withdrawal of acceptance

92 Notice of proposal to withdraw acceptance

93 Decision on proposal to withdraw acceptance

94 Withdrawal does not affect well that is not operational

95 Relationship between withdrawal and other provisions

Division 6—Annual well integrity reports and information about particular well activities

96 Annual well integrity report

97 Well activities for which advance notice is required

98 Updating information given about a well activity

99 Completion of notified well activity

Division 7—Reportable incidents

100 Meaning of reportable incident

101 Requirement to notify NOPSEMA about reportable incident

102 Requirement to provide written report about reportable incident

103 Requirement for ongoing reporting after reportable incident

104 Titleholder must retain copy of report

Division 8—Role of Titles Administrator

105 Titleholder must give copies of documents to Titles Administrator

106 NOPSEMA must give copies of documents to Titles Administrator

Division 9—Application of this Part if a remedial direction is in force

107 Application of this Part if a remedial direction is in force

Part 6—Authorisation of petroleum titleholders to conduct greenhouse gas exploration

108 Simplified outline of this Part

109 Application of Part

110 Requirement to notify responsible Commonwealth Minister of authorised activity

111 Authorised activities—petroleum exploration permittee

112 Authorised activities—petroleum retention lessee

113 Authorised activities—petroleum production licensee

Part 7—Data management—petroleum titleholders

Division 1—Preliminary

114 Simplified outline of this Part

Division 2—Requirements for keeping information

115 Purpose of Division

116 Requirement to securely retain information

Division 3—Requirements for collection and retention of cores, cuttings and samples

Subdivision A—Preliminary

117 Purpose of Division

Subdivision B—General requirements

118 Requirement to retain core, cutting or sample

119 General requirement to retain core, cutting or sample in Australia

Subdivision C—Requirements in relation to cores, cuttings or samples taken or sent outside Australia

120 Requirement to return core, cutting or sample to Australia

121 Requirement to provide report about analysis of core, cutting or sample conducted overseas

122 Requirement to provide certain samples produced from overseas analysis

Division 4—Requirements for giving reports, data and samples

Subdivision A—Preliminary

123 Purpose of Division

Subdivision B—Reports about drilling wells

124 Requirement for daily drilling report

125 Requirement for daily geological report

126 Requirement for initial well completion report and data

127 Requirement for final well completion report and data

Subdivision C—Reports about geophysical and geological surveys

128 Requirement for weekly survey report

129 Requirement for survey acquisition report and data

130 Requirement for survey processing report and data

131 Requirement for survey interpretation report and data

Subdivision D—Reports about reprocessing of survey data

132 Requirement for survey reprocessing report and data

133 Requirement for survey reprocessing interpretation report and data

Subdivision E—Other reports

134 Requirement for daily workover report

135 Requirement for monthly production report from petroleum production licensee

Subdivision F—Cores, cuttings and samples

136 Requirement to give certain cores, cuttings or samples

137 Titles Administrator may request other cores, cuttings or samples

Division 5—Other matters

138 Titles Administrator may request information about reports etc.

139 Titles Administrator may specify format or medium for data

Part 8—Release of technical information about petroleum

Division 1—Preliminary

140 Simplified outline of this Part

141 Definitions

Division 2—Classification of documentary information

142 Purpose of Division

143 Meaning of permanently confidential information

144 Meaning of interpretative information

145 Classification dispute notices

146 Making an objection

147 Consideration of objection by Titles Administrator

148 Review of Titles Administrator’s decision by Minister

149 When an objection ceases to be in force

Division 3—Release of documentary information

150 Purpose of Division

151 Release of open information about wells, surveys and reprocessing projects

152 Release of basic disclosable information

153 Release of interpretative disclosable information

154 Release of documentary information—prior availability or consent

155 Requirements for making survey information available to a person

156 Release of documentary information—Petroleum and Other Fuels Reporting Act 2017

Division 4—Release of petroleum mining samples

157 Purpose of Division

158 Release of petroleum mining samples after relevant day

159 Release of petroleum mining samples—prior availability or consent

Part 9—Data management—greenhouse gas titleholders

Division 1—Preliminary

160 Simplified outline of this Part

Division 2—Requirements for keeping information

161 Purpose of Division

162 Requirement to securely retain information

Division 3—Requirements for collection and retention of cores, cuttings and samples

Subdivision A—Preliminary

163 Purpose of Division

Subdivision B—General requirements

164 Requirement to retain core, cutting or sample

165 General requirement to retain core, cutting or sample in Australia

Subdivision C—Requirements in relation to cores, cuttings or samples taken or sent outside Australia

166 Requirement to return core, cutting or sample to Australia

167 Requirement to provide report about analysis of core, cutting or sample conducted overseas

168 Requirement to provide certain samples produced from overseas analysis

Division 4—Requirements for giving reports, data and samples

Subdivision A—Preliminary

169 Purpose of Division

Subdivision B—Reports about drilling wells

170 Requirement for daily drilling report

171 Requirement for daily geological report

172 Requirement for initial well completion report and data

173 Requirement for final well completion report and data

Subdivision C—Reports about geophysical and geological surveys

174 Requirement for weekly survey report

175 Requirement for survey acquisition report and data

176 Requirement for survey processing report and data

177 Requirement for survey interpretation report and data

Subdivision D—Reports about reprocessing of survey data

178 Requirement for survey reprocessing report and data

179 Requirement for survey reprocessing interpretation report and data

Subdivision E—Other reports

180 Requirement for daily workover report

Subdivision F—Other reports for greenhouse gas injection licensees

181 Requirement for monthly greenhouse gas injection report

182 Requirement for annual greenhouse gas injection report

183 Requirement for monthly greenhouse gas accounting report

184 Requirement for annual greenhouse gas accounting report

Subdivision G—Cores, cuttings and samples

185 Requirement to give certain cores, cuttings or samples

186 Titles Administrator may request other cores, cuttings or samples

Division 5—Other matters

187 Titles Administrator may request information about reports etc.

188 Titles Administrator may specify format or medium for data

Part 10—Release of technical information about greenhouse gas

Division 1—Preliminary

189 Simplified outline of this Part

190 Definitions

Division 2—Classification of documentary information

191 Purpose of Division

192 Meaning of permanently confidential information

193 Meaning of interpretative information

194 Classification dispute notices

195 Making an objection

196 Consideration of objection by Titles Administrator

197 Review of Titles Administrator’s decision by Minister

198 When an objection ceases to be in force

Division 3—Release of documentary information

199 Purpose of Division

200 Release of open information about wells, surveys and reprocessing projects

201 Release of information from greenhouse gas accounting reports

202 Release of basic disclosable information

203 Release of interpretative disclosable information

204 Release of documentary information—prior availability or consent

205 Requirements for making survey information available to a person

206 Release of documentary information—Environment Protection (Sea Dumping) Act 1981

Division 4—Release of eligible samples

207 Purpose of Division

208 Release of eligible samples after relevant day

209 Release of eligible samples—prior availability or consent

Part 11—Fees

210 Simplified outline of this Part

211 Fees in relation to applications etc.

Part 12—Giving documents

212 Simplified outline of this Part

213 Purpose of this Part

214 Giving documents

215 Giving documents to Joint Authority

216 Giving documents to Cross‑boundary Authority

217 Giving documents to responsible Commonwealth Minister

218 Giving documents to 2 or more registered holders of a petroleum title, infrastructure licence or pipeline licence

219 Giving documents to 2 or more registered holders of a greenhouse gas title

Part 13—Regulations prescribed for particular provisions of Act

220 Simplified outline of this Part

221 Regulations prescribed for particular provisions of Act

Part 14—Regulations dealing with specific matters

222 Simplified outline of this Part

223 Purpose of this Part

224 Survey of wells, structures or equipment

225 Notice of route followed by pipeline

226 Requirement for notice of geophysical or geological survey

227 Requirement to give notice of actions for Royalty Act purposes

228 Responsible Commonwealth Minister must give copy of certain directions to NOPSEMA

Part 15—Enforcement

Division 1—Preliminary

229 Simplified outline of this Part

230 Purpose of this Part

Division 2—Civil penalties

231 Civil penalty provisions

Division 3—Infringement notices

232 Infringement notices

Division 4—Enforceable undertakings

233 Enforceable undertakings

234 Publication of enforceable undertakings

Division 5—Injunctions

235 Injunctions

Division 6—Other matters

236 Contravening an offence provision or a civil penalty provision

237 Daily penalties for continuing offences and continuing contraventions of civil penalty provisions

Part 16—Transitional, saving and application provisions

Division 1—Provisions relating to this instrument as made

Subdivision A—Preliminary

238 Definitions

Subdivision B—General provisions

239 Things done by, or in relation to, a relevant person

240 Things started but not finished by a relevant person

241 Instruments made and other things done under old regulations

242 Conduct, events or circumstances occurring before commencement day

Subdivision C—Provisions relating to discoveries of petroleum, title assessment reports and certain reports for greenhouse gas injection licensees

243 Notification and reporting of discovery of petroleum

244 Title assessment reports

Subdivision D—Provisions relating to field development plans and recovery of petroleum

245 Field development plan accepted before commencement day

246 Field development plan submitted before commencement day but no decision made

247 Notice to submit variation of field development plan

248 Applications for variations of field development plans submitted before commencement day to be dealt with under old regulations

249 Field development plans—transfers of licence

250 Approval to recover petroleum without accepted field development plan continues

251 Approval of rate of recovery in force immediately before commencement day

Subdivision E—Provisions relating to well operations management plans

252 Well operations management plan in force immediately before commencement day

253 Well operations management plan submitted before commencement day but no decision made

254 Notice to submit proposed revision of well operations management plan

255 Proposed revision of well operations management plan

256 End of well operations management plan

257 Withdrawing acceptance of well operations management plan

258 Annual well integrity reports and well activities for which advance notice is required

Subdivision F—Provisions relating to data management and the release of technical information

259 Data management—requirements for giving reports, data and samples

260 Release of technical information

Division 2—Provision relating to the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Fees) Regulations 2026

261 Amendments made by the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Amendment (Fees) Regulations 2026

Schedule 1—Application fees etc.

Part 1—Fees in relation to applications etc.

Division 1—Fees payable under section 256 of the Act

1 Application fees payable under section 256 of the Act

Division 2—Fees payable under section 516A of the Act

2 Application fees payable under section 516A of the Act

Division 3—Fees payable under section 566M of the Act

3 Application fees payable under section 566M of the Act

Division 4—Fees payable under section 695L of the Act

4 Application etc. fees payable under section 695L of the Act

Part 2—Fees for greenhouse gas applications

Division 1—Fees payable under section 427 of the Act

5 Application fees payable under section 427 of the Act

Division 2—Fees payable under section 565A of the Act

6 Application fees payable under section 565A of the Act

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1 Name

This instrument is the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2025.

3 Authority

This instrument is made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

4 Simplified outline of this instrument

This instrument deals with the following:

(a) the notification and reporting of petroleum discoveries;

(b) title assessment reports in relation to certain petroleum titleholders and greenhouse gas titleholders;

(d) well operations management plans in relation to the integrity of wells;

(e) the authorisation of activities that may be carried out by certain petroleum titleholders;

(f) record keeping and reporting requirements for petroleum titleholders and greenhouse gas titleholders;

(g) how technical information and samples given to the Titles Administrator or responsible Commonwealth Minister under the Act, or a legislative instrument made under the Act, may be made public;

(h) miscellaneous matters, such as prescribed fees and prescribed regulations for the purposes of the Act;

(i) enforcement of the provisions of this instrument.

5 Objects

(1) An object of Parts 2 to 4, 6 to 8 and 11 to 15 of this instrument is to ensure that operations in an offshore area are:

(a) carried on in accordance with good oilfield practice; and

(b) compatible with the optimum long‑term recovery of petroleum.

(2) An object of Parts 2 to 4 and 6 to 15 of this instrument is to ensure that the administrators of the Act are informed, in a timely and consistent manner, of:

(a) exploration for petroleum and greenhouse gas storage formations; and

(b) the discovery of petroleum and potential storage formations; and

(d) development and production operations in relation to petroleum, and injection operations in relation to greenhouse gas substances; and

(e) the results of such operations.

(3) The other objects of Parts 2 to 4 and 6 to 15 of this instrument are:

(a) to provide a framework for encouraging the adequate collection, retention and timely dissemination of petroleum and greenhouse gas data; and

(b) to ensure the adequacy of the data acquired; and

(c) to provide for the efficient management of data confidentiality and the disclosure of data on completion of the relevant confidentiality periods.

(4) The object of Part 5 of this instrument is to maintain the integrity of offshore petroleum and greenhouse gas wells, by ensuring that risks to well integrity are reduced to as low as reasonably practicable and an acceptable level.

6 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) Joint Authority;

(b) NOPSEMA;

(d) responsible Commonwealth Minister;

(e) Titles Administrator;

(f) well.

In this instrument:

accepted field development plan means:

(a) a field development plan that has been accepted by the Joint Authority under section 43; or

(b) a varied field development plan that has been accepted by the Joint Authority under section 48;

for which acceptance has not been withdrawn under section 54.

Act means the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

annual title assessment report: see section 25.

authorised activity means:

(a) an activity by a petroleum exploration permittee that is authorised by section 111; or

(b) an activity by a petroleum retention lessee that is authorised by section 112; or

discovery assessment report:

(a) for a petroleum titleholder—see section 15; or

(b) for a greenhouse gas titleholder—see section 19.

end of the operation means:

(a) for a regulated operation related to the drilling of a well—the day on which the drill rig is released; or

(b) for a regulated operation conducted on a well after the well is completed—the day on which the operation ceased; or

excluded information has the meaning given by section 8.

facility has the same meaning as in Schedule 3 to the Act.

FDP applicant: see subsection 41(1).

greenhouse gas title means:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

(d) a greenhouse gas research consent; or

(e) a greenhouse gas search authority; or

(f) a greenhouse gas special authority.

greenhouse gas titleholder means:

(a) a greenhouse gas assessment permittee; or

(b) a greenhouse gas holding lessee; or

(d) a holder of a greenhouse gas research consent; or

(e) a registered holder of a greenhouse gas search authority; or

(f) a registered holder of a greenhouse gas special authority.

in force, for a well operations management plan: see section 73.

integrity, in relation to a well, means the capacity of the well to contain petroleum, a greenhouse gas substance or any other substance.

major change, in relation to the recovery of petroleum from a field covered by an accepted field development plan, means any of the following:

(a) the petroleum production licensee changes the development strategy or management strategy of the field or a petroleum pool in the field;

(b) the petroleum production licensee significantly changes the development strategy of the field for the development of additional pools in the field;

(c) the petroleum production licensee ceases recovery of petroleum, permanently or for the long term, before the date specified in the field development plan as the date on which recovery was estimated to cease;

(d) the petroleum production licensee introduces new methods for the petroleum recovery, such as enhanced recovery and injection of fluids.

non‑exclusive data means data that is made available for commercial sale or license.

open information about a reprocessing project means any of the following information about a reprocessing project under which data collected from, or generated in relation to, one or more surveys is reprocessed:

(a) the name of the reprocessing project;

(b) the name of each survey;

(d) the name of the titleholder;

(e) if a contractor reprocesses the data for or on behalf of the titleholder—the name of the contractor;

(f) the location of the basin and sub‑basin (if applicable) in which each survey was conducted;

(g) the types of reprocessing undertaken on the data;

(h) if the reprocessing project generates 2‑dimensional data—the total length of the reprocessing project in kilometres;

(i) if the reprocessing project generates 3‑dimensional data—the total area of the reprocessing project in square kilometres;

(j) the dates on which the reprocessing of the data starts and ends, or the proposed dates on which the reprocessing will start or will end;

(k) whether the reprocessed data is exclusive or non‑exclusive data;

(l) navigation data for the reprocessing project, in the form of:

(i) if the reprocessing project generates 2‑dimensional data—line ends and bends; or

(ii) if the reprocessing project generates 3‑dimensional seismic data—a full fold polygon outline; or

(iii) if the reprocessing project generates other 3‑dimensional data—a polygon outline.

open information about a survey means any of the following information about a survey:

(a) the name of the survey;

(b) the title under which the survey is conducted;

(d) if a contractor conducts the survey for or on behalf of the titleholder—the name of the contractor;

(e) the location of the basin and sub‑basin (if applicable) in which the survey is conducted;

(f) the type of survey;

(g) the size of the survey:

(i) for a 2‑dimensional survey—in kilometres; or

(ii) for a 3‑dimensional survey—in square kilometres;

(h) the name of a vessel or aircraft used to conduct the survey or a part of the survey;

(i) if the survey is wholly or partly conducted using another means—a description of how the survey or part of the survey was conducted;

(j) the dates on which the survey starts and ends or is proposed to start and end;

(k) whether the survey data is exclusive or non‑exclusive;

(l) navigation data for the survey, in the form of:

(i) for a 2‑dimensional survey—line ends and bends; or

(ii) for a 3‑dimensional seismic survey—a full fold polygon outline; or

(iii) for other 3‑dimensional surveys—a polygon outline.

open information about a well means any of the following information about a well:

(a) the name of the well;

(b) the offshore area in which the well is located;

(d) the well’s latitude and longitude;

(e) the name of the title area in which the well is located;

(f) the name of the titleholder;

(g) the purpose of the well (for example development, appraisal, exploration or stratigraphy);

(h) if the well is a sidetrack—the name of the parent well;

(i) the well’s spud date;

(j) the water depth at the well;

(k) what is being used as the depth reference for the well (for example the Kelly bushing or the rig floor);

(l) the height of the depth reference above sea level;

(m) the name of the rig drilling the well;

(n) the rig’s make and model;

(o) the name of the rig contractor;

(p) the rig release date;

(q) the status of the well (for example producing, suspended or permanently abandoned).

operator, in relation to a facility, has the same meaning as in Schedule 3 to the Act.

petroleum title means:

(a) a petroleum exploration permit; or

(b) a petroleum retention lease; or

(d) a petroleum special prospecting authority; or

(e) a petroleum access authority; or

(f) a petroleum scientific investigation consent.

petroleum titleholder means:

(a) a petroleum exploration permittee; or

(b) a petroleum retention lessee; or

(d) the registered holder of a petroleum special prospecting authority; or

(e) the registered holder of a petroleum access authority; or

(f) the holder of a petroleum scientific investigation consent.

recovery rate approval: see subsection 60(1).

reportable incident, in relation to a well: see section 100.

reporting period for a title: see subsection 25(3).

significant event: see section 67.

title means:

(a) a greenhouse gas title; or

(b) an infrastructure licence; or

(d) a petroleum title.

title area: see section 7.

titleholder means:

(a) a greenhouse gas titleholder; or

(b) an infrastructure licensee; or

(d) a petroleum titleholder.

varied field development plan: see subsections 46(1), (3), (6) and (8).

7 Meaning of title area

The title area for a title mentioned in column 1 of an item of the following table is the area specified in column 2 of the item.

Title area
Item	Column 1 In the case of …	Column 2 the title area is …
1	a petroleum exploration permit or greenhouse gas assessment permit	the permit area
2	a petroleum retention lease or greenhouse gas holding lease	the lease area
3	a petroleum production licence, infrastructure licence or greenhouse gas injection licence	the licence area
4	a petroleum special prospecting authority, petroleum access authority, greenhouse gas search authority or greenhouse gas special authority	the authority area
5	a scientific investigation consent or greenhouse gas research consent	the offshore area specified in the consent

8 Meaning of excluded information

(1) This section sets out the type of information that is excluded information.

(2) Information about the following is excluded information:

(a) the technical qualifications of a titleholder or an applicant for a title;

(b) the technical advice available to a titleholder or an applicant for a title;

(3) Information contained in the following documents is excluded information:

(a) an application for a petroleum exploration permit under section 104, 110 or 115 of the Act;

(b) an application for renewal of a petroleum exploration permit under section 119 of the Act;

(d) an application for renewal of a petroleum retention lease under section 153 of the Act;

(e) the results of a re‑evaluation of the commercial viability of petroleum production in a lease area under subsection 136(5) of the Act;

(f) an application for a petroleum production licence under section 168, 170 or 178 of the Act or under clause 2 or 4 of Schedule 4 to the Act;

(g) an application for renewal of a petroleum production licence under section 184 of the Act;

(h) an application for a greenhouse gas assessment permit under section 296, 302A, 303 or 307A of the Act;

(i) an application for renewal of a greenhouse gas assessment permit under section 308 or 311A of the Act;

(j) an application for a greenhouse gas holding lease under section 324, 329A, 330, 335A, 336, 342A or 343 of the Act;

(k) an application for renewal of a greenhouse gas holding lease under section 347 or 350A of the Act;

(l) an application for a greenhouse gas injection licence under section 361, 368A or 369 of the Act;

(m) a report given under Part 2 or Part 3 of this instrument;

(n) a field development plan submitted under section 41 of this instrument;

(o) a varied field development plan submitted under section 46 of this instrument.

(4) For the purposes of subsection (3), it does not matter whether a document was prepared or submitted before or after the commencement of this instrument.

(5) However, subsection (3) does not apply to information that is also contained in a document not listed in subsection (3) that is given to the Titles Administrator or responsible Commonwealth Minister.

9 Notices and reports

(1) A person who is required, for the purposes of the Act or this instrument, to give notice or make a report, must give notice or make the report in sufficient detail to allow proper consideration of the notice or report.

(2) A notice or report must be produced clearly and legibly in handwriting or by means of a machine in such a manner as to enable clear and legible reproduction of the contents of the notice or report.

Part 2—Notification and reporting of discovery of petroleum

Division 1—Preliminary

10 Simplified outline of this Part

If certain petroleum titleholders and greenhouse gas titleholders discover petroleum, those titleholders must provide certain information and reports to:

(a) in the case of certain petroleum titleholders—the Titles Administrator; or

(b) in the case of certain greenhouse gas titleholders—the responsible Commonwealth Minister.

If certain greenhouse gas titleholders discover petroleum, the responsible Commonwealth Minister may, in certain circumstances, provide information to the relevant responsible State Minister and responsible Northern Territory Minister.

Offences and civil penalties apply in relation to contravening the requirements of this Part.

11 Purpose of this Part

This Part is made for the purposes of subsection 782(1) of the Act.

Division 2—Petroleum titleholders

12 Application

This Division applies to the following petroleum titleholders who are required, under section 284 of the Act, to inform the Titles Administrator of a discovery of petroleum in the title area:

(a) a petroleum exploration permittee;

(b) a petroleum retention lessee;

13 Requirement to provide information when informing Titles Administrator of discovery of petroleum

A petroleum titleholder must provide the following information when informing the Titles Administrator of a discovery of petroleum under section 284 of the Act:

(a) the title in which the discovery was made;

(b) the name of the well through which the discovery was made;

(d) if the rate or quantity of production of petroleum and water from the discovery well has been determined—the rate or quantity;

(e) the physical and chemical properties of the petroleum from the discovery well that have been determined;

(f) if the physical properties of the pool from which the petroleum is recovered have been determined—the properties;

(g) each preliminary estimate of the quantities of petroleum in place that has been made.

14 Titles Administrator may request information to be included in discovery assessment report

(1) The Titles Administrator may, within 7 days after being informed by a petroleum titleholder of a discovery of petroleum under section 284 of the Act, request the titleholder to include additional information about the discovery in the titleholder’s discovery assessment report under section 15 of this instrument.

Note: Section 284 of the Act requires certain petroleum titleholders to inform the Titles Administrator of a petroleum discovery within 30 days after completion of the discovery well. Section 15 of this instrument requires a further report about the discovery within 90 days after completion of the discovery well.

(2) The request must:

(a) be in writing; and

(b) specify the information sought and the reasons for the request.

(3) After receiving the request, the titleholder may give the Titles Administrator a written statement that:

(a) the information is not within the titleholder’s knowledge; or

(b) the titleholder is unable to obtain the information.

(4) If the Titles Administrator is satisfied (whether or not because of a statement under subsection (3)) that the titleholder cannot comply with the request because:

(a) the information is not within the titleholder’s knowledge; or

(b) the titleholder is unable to obtain the information;

the Titles Administrator must, as soon as practicable, give the titleholder a written notice withdrawing the request.

15 Requirement to provide discovery assessment report

Requirement to provide discovery assessment report

(1) A petroleum titleholder contravenes this subsection if:

(a) the titleholder informs the Titles Administrator of a discovery of petroleum under section 284 of the Act; and

(b) the titleholder does not give the Titles Administrator a report (a discovery assessment report) for the title area that includes the information specified in subsection (2) within:

(i) 90 days after completion of the well that resulted in the discovery; or

(ii) if the Titles Administrator agrees to another period—that other period.

(2) For the purposes of subsection (1), a discovery assessment report must include the following information:

(a) the title in which the discovery was made;

(b) a preliminary estimate of the location and areal extent of the discovered petroleum pool;

(d) the results of all assessments of the discovery;

(e) a preliminary estimate of the quantity of petroleum in the petroleum pool;

(f) the data used to estimate the quantity of petroleum in the petroleum pool;

(g) a preliminary estimate of the quantity of recoverable petroleum in the petroleum pool;

(h) details of the petroleum titleholder’s plans for further evaluation of the discovery, including the work that the titleholder proposes to carry out in the title area in the next 12 months from the date of the report;

(i) if the Titles Administrator has, under section 14, requested specified information to be included in the report, and the request has not been withdrawn—the information specified in the request.

Strict liability offence

(3) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Note: This subsection is a continuing offence under section 4K of the Crimes Act 1914. See section 237 of this instrument for the maximum penalty for each day that an offence under this subsection continues.

Penalty: 60 penalty units.

Civil penalty provision

(4) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Note: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. See section 237 of this instrument for the maximum civil penalty for each day that a contravention referred to in this subsection continues.

Civil penalty: 600 penalty units.

16 Further information about discovery assessment report

Request for further information

(1) If a petroleum titleholder gives the Titles Administrator a discovery assessment report under section 15, the Titles Administrator may request the titleholder to provide further written information about any matter specified in subsection 15(2).

(2) The request must:

(a) be in writing; and

(b) set out each matter for which information is requested; and

(d) specify a period of at least 14 days, starting on the day the request is given, within which the information must be provided; and

(e) set out the effect of subsections (3), (4) and (5).

Titleholder must comply with request

(3) A petroleum titleholder must comply with a request under subsection (1).

Fault‑based offence

(4) A petroleum titleholder commits an offence if the titleholder contravenes subsection (3).

Penalty: 50 penalty units.

Civil penalty provision

(5) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (3).

Civil penalty: 90 penalty units.

Division 3—Greenhouse gas titleholders

17 Application

This Division applies to the following greenhouse gas titleholders who are required, under section 452 of the Act, to inform the responsible Commonwealth Minister of a discovery of petroleum in the title area:

(a) a greenhouse gas assessment permittee;

(b) a greenhouse gas holding lessee;

18 Responsible Commonwealth Minister may request information to be included in discovery assessment report

(1) The responsible Commonwealth Minister may, within 7 days after being informed by a greenhouse gas titleholder of a discovery of petroleum under section 452 of the Act, request the titleholder to include additional information about the discovery in the titleholder’s discovery assessment report under section 19 of this instrument.

Note: Section 452 of the Act requires certain greenhouse gas titleholders to inform the responsible Commonwealth Minister of a petroleum discovery within 30 days after completion of the discovery well. Section 19 of this instrument requires a further report about the discovery within 60 days after completion of the discovery well.

(2) The request must:

(a) be in writing; and

(b) specify the information sought and the reasons for the request.

(3) After receiving the request, the titleholder may give the responsible Commonwealth Minister a written statement that:

(a) the information is not within the titleholder’s knowledge; or

(b) the titleholder is unable to obtain the information.

(4) If the responsible Commonwealth Minister is satisfied (whether or not because of a statement under subsection (3)) that the titleholder cannot comply with the request because:

(a) the information is not within the titleholder’s knowledge; or

(b) the titleholder is unable to obtain the information;

the Minister must, as soon as practicable, give the titleholder a written notice withdrawing the request.

19 Requirement to provide discovery assessment report

Requirement to provide discovery assessment report

(1) A greenhouse gas titleholder contravenes this subsection if:

(a) the titleholder informs the responsible Commonwealth Minister of a discovery of petroleum under section 452 of the Act; and

(b) the titleholder does not give the responsible Commonwealth Minister a report (a discovery assessment report) for the title area that includes the information specified in subsection (2) within 60 days after completion of the well that resulted in the discovery.

(2) For the purposes of subsection (1), a discovery assessment report must include the following information:

(a) the location of the petroleum discovery in the title area;

(b) if any production tests have been conducted on the discovered petroleum—the results of the tests;

(c) if the responsible Commonwealth Minister has, under section 18, requested specified information to be included in the report, and the request has not been withdrawn—the information specified in the request.

Strict liability offence

(3) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty provision

(4) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 600 penalty units.

20 Further information about discovery assessment report

Request for further information

(1) If a greenhouse gas titleholder gives the responsible Commonwealth Minister a discovery assessment report under section 19, the Minister may request the titleholder to provide further written information about any matter specified in subsection 19(2).

(2) The request must:

(a) be in writing; and

(b) set out each matter for which information is requested; and

(d) specify a period of at least 14 days, starting on the day the request is given, within which the information must be provided; and

(e) set out the effect of subsections (3), (4) and (5).

Titleholder must comply with request

(3) A greenhouse gas titleholder must comply with a request under subsection (1).

Fault‑based offence

(4) A greenhouse gas titleholder commits an offence if the titleholder contravenes subsection (3).

Penalty: 50 penalty units.

Civil penalty provision

(5) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (3).

Civil penalty: 90 penalty units.

21 Information may be provided to responsible State Minister and responsible Northern Territory Minister

(1) This section applies if:

(a) petroleum is discovered in:

(i) part of the permit area of a cross‑boundary greenhouse gas assessment permit that is in the coastal waters of a State or the coastal waters of the Northern Territory; or

(ii) part of the lease area of a cross‑boundary greenhouse gas holding lease that is in the coastal waters of a State or the coastal waters of the Northern Territory; or

(iii) part of the licence area of a cross‑boundary greenhouse gas injection licence that is in the coastal waters of a State or the coastal waters of the Northern Territory; and

(b) a report of the discovery is given to the responsible Commonwealth Minister in accordance with section 19.

(2) Despite Parts 8 and 10, the responsible Commonwealth Minister may make information in the report available to the responsible State Minister or the responsible Northern Territory Minister, for the purpose of enabling or assisting the responsible State Minister or the responsible Northern Territory Minister to perform functions, or exercise powers, under a State PSLA or a Territory PSLA.

Part 3—Title assessment reports

Division 1—Preliminary

22 Simplified outline of this Part

Certain titleholders must provide an annual titles assessment report to the Titles Administrator for each reporting period for the title.

The information that must be included in the report depends on the kind of title to which the report relates.

In certain circumstances, the Titles Administrator may require a titleholder to give a title assessment report for a period of less than a year.

Offences and civil penalties apply in relation to contravening the requirements of this Part.

23 Purpose of this Part

This Part is made for the purposes of sections 698 and 724 of the Act.

24 Application

This Part applies to the following titleholders:

(a) a petroleum exploration permittee;

(b) a petroleum retention lessee;

(d) a greenhouse gas assessment permittee;

(e) a greenhouse gas holding lessee.

Division 2—Title assessment reports

25 Requirement to provide annual title assessment report

Requirement to provide annual title assessment report

(1) A titleholder must give a report (an annual title assessment report) that complies with subsection (2), for a reporting period for the title, to the Titles Administrator within:

(a) 30 days after the day on which the reporting period for the title ends; or

(b) if the Titles Administrator agrees, in writing, to another period—that other period.

(2) An annual title assessment report complies with this subsection if the report complies with the requirements in:

(a) for a petroleum exploration permittee—section 26; or

(b) for a petroleum retention lessee—section 27; or

(d) for a greenhouse gas assessment permittee—section 29; or

(e) for a greenhouse gas holding lessee—section 30.

Note: See Subdivision F of Division 4 of Part 9 in relation to specific reporting requirements for greenhouse gas injection licensees.

Meaning of reporting period for a title

(3) For the purposes of this Division, a reporting period for a title is either:

(a) a year of the term of the title; or

(b) if the Titles Administrator agrees, in writing, to a different 12 month period—that period.

Note: Year of the term is defined in section 10 of the Act. A year of the term of a title commences on the day that the title comes into force or on any anniversary of that day.

Strict liability offence

(4) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 60 penalty units.

Civil penalty provision

(5) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 600 penalty units.

26 Information to be provided in annual title assessment report—petroleum exploration permit

(1) For the purposes of paragraph 25(2)(a), this section sets out the requirements for a petroleum exploration permittee’s annual title assessment report, for a reporting period for the permit.

(2) The annual title assessment report must include the following information:

(a) if the permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area:

(i) a description of the work carried out during the reporting period in compliance with the condition; and

(ii) the total expenditure incurred for the work during the reporting period; and

(iii) the total expenditure incurred for the work from the time the permit was granted until the end of the reporting period;

(b) for each activity not covered by paragraph (a) that the permittee carried out in, or in relation to, the permit area during the reporting period:

(i) a description of the activity; and

(ii) the total expenditure incurred for the activity during the reporting period; and

(iii) the total expenditure incurred for the activity from the time the permit was granted until the end of the reporting period;

(c) a description of the results of the work and activities carried out in, or in relation to, the permit area, including:

(i) details about any leads and prospects identified in the permit area; and

(ii) estimates of the volume of petroleum in place for each identified lead and prospect; and

(iii) estimates of the volume of recoverable petroleum for each identified lead and prospect; and

(iv) the probability of geological success for each identified lead and prospect (if available);

(d) details of any new information that the permittee became aware of during the reporting period in relation to the permittee’s understanding of any discovery of petroleum in the permit area;

(e) a description of each activity, and the estimated expenditure for each activity, that the permittee intends to carry out in later reporting periods for the permit (or any other period during which the permit is in force);

(f) a description of the measures taken by the permittee to prepare for the activities that the permittee intends to carry out in the next reporting period for the permit (if any);

(g) details of the permittee’s future plans or proposals in relation to any wells that have been drilled in the permit area from the time the permit was granted until the end of the reporting period;

(h) any other information that is required to be included in the annual title assessment report by a condition of the permit;

(i) a list of the reports submitted to the Titles Administrator in accordance with this instrument during the reporting period.

(3) The annual title assessment report must be in the approved form (if any).

Note: A form approved for the purposes of this section must be published on the Titles Administrator’s website: see section 32.

27 Information to be provided in annual title assessment report—petroleum retention lease

(1) For the purposes of paragraph 25(2)(b), this section sets out the requirements for a petroleum retention lessee’s annual title assessment report, for a reporting period for the lease.

(2) The annual title assessment report must include the following information:

(a) if the lease is subject to a condition requiring the lessee to carry out work in, or in relation to, the lease area:

(i) a description of the work carried out during the reporting period in compliance with the condition; and

(ii) the total expenditure incurred for the work during the reporting period; and

(iii) the total expenditure incurred for the work from the time the lease was granted until the end of the reporting period;

(b) for each activity not covered by paragraph (a) that the lessee carried out in, or in relation to, the lease area during the reporting period:

(i) a description of the activity; and

(ii) the total expenditure incurred for the activity during the reporting period; and

(iii) the total expenditure incurred for the activity from the time the lease was granted until the end of the reporting period;

(c) a description of the results of the work and activities carried out in, or in relation to, the lease area, including:

(i) a description of how carrying out those activities affected the likelihood and timing of the commercially viable recovery of petroleum from the lease area; and

(ii) a description of the work completed in relation to each proposed development scenario for the anticipated commercially viable recovery of petroleum in the lease area, and the status, as at the end of the reporting period, of each of those development scenarios; and

(iii) details about any leads and prospects identified in the lease area; and

(iv) estimates of the volume of petroleum in place for each identified lead and prospect; and

(v) estimates of the volume of recoverable petroleum for each identified lead and prospect; and

(vi) the probability of geological success for each identified lead and prospect (if available);

(d) a description of:

(i) each activity, and the estimated expenditure for each activity, that the lessee intends to carry out in later reporting periods for the lease (or any other period during which the lease is in force); and

(ii) a description of how carrying out those activities will affect the likelihood and timing of the commercially viable recovery of petroleum from the lease area;

(e) a description of the measures taken by the lessee to prepare for the activities that the lessee intends to carry out in the next reporting period for the lease (if any);

(f) details of the lessee’s future plans or proposals in relation to any wells that have been drilled in the lease area from the time the lease was granted until the end of the reporting period;

(g) annual cash flow and capital expenditure forecasts for each proposed development scenario for the recovery of petroleum in the lease area;

(h) if the reporting period is not the first reporting period for the lease—the following information about each petroleum pool situated in the lease area:

(i) a description of the pool;

(ii) any new information relating to the evaluation of the pool;

(iii) an estimate of the quantity of petroleum in the pool at the end of the previous reporting period;

(iv) an estimate of recoverable petroleum in the pool at the end of the previous reporting period;

(v) any new or revised technical and economic data upon which the estimates mentioned in subparagraphs (iii) and (iv) are based, including a report of any study carried out that has resulted in a revised estimate;

(i) any other information that is required to be included in the annual title assessment report by a condition of the lease;

(j) a list of the reports submitted to the Titles Administrator in accordance with this instrument during the reporting period.

(3) The annual title assessment report must be in the approved form (if any).

Note: A form approved for the purposes of this section must be published on the Titles Administrator’s website: see section 32.

28 Information to be provided in annual title assessment report—petroleum production licence

(1) For the purposes of paragraph 25(2)(c), this section sets out the requirements for a petroleum production licensee’s annual title assessment report, for a reporting period for the licence.

(2) The annual title assessment report must include the following information:

(a) a description of each activity, and the total expenditure incurred for each activity, that the licensee carried out during the reporting period in relation to the following:

(i) the exploration for, and appraisal of, additional recoverable petroleum in the licence area;

(ii) the development of a field or the management of petroleum pools in the licence area;

(b) any key project milestones that occurred during the reporting period;

(c) a summary of the financial performance of production from all fields in the licence area during the reporting period;

(d) a description of the technical performance of production from all fields in the licence area, including:

(i) the amount of petroleum produced from each petroleum pool in the licence area during the reporting period; and

(ii) the amount of each substance injected into each reservoir in the licence area during the reporting period; and

(iii) the amount of each substance flared, vented or used for fuel during the reporting period;

(e) if the reporting period is not the first reporting period for the licence—the following information about each possible and discovered petroleum pool situated in the licence area:

(i) a description of the pool;

(ii) any new information relating to the evaluation of the pool;

(iii) an estimate of the quantity of petroleum initially in place in the pool as estimated at the end of the previous reporting period for the licence;

(iv) an estimate of the expected ultimate recoverable petroleum in the pool at the end of the previous reporting period for the licence;

(v) any new or revised technical and economic data upon which the estimates in subparagraphs (iii) and (iv) are based, including a report of any studies carried out that have resulted in revised estimates;

(f) a description of each activity, and the estimated expenditure for each activity, that the licensee intends to carry out in later reporting periods for the licence (or any other period during which the licence is in force) in relation to:

(i) the exploration for, and appraisal of, additional recoverable petroleum in the licence area; and

(ii) the development of a field or the management of petroleum pools situated in the licence area;

(g) a description of the measures taken by the licensee to prepare for the activities that the licensee intends to carry out in the next reporting period for the licence (if any);

(h) a production forecast for each producing project or potential development project;

(i) the date on which the licensee estimates that recovery of petroleum from the licence area will cease;

(j) annual cash flow and capital expenditure forecasts for each year during which operations will be, or are expected to be, undertaken in relation to the field (including operations relating to decommissioning);

(k) details of the licensee’s plans in relation to any wells that have been drilled in the licence area from the time the licence was granted until the end of the reporting period;

(l) for any discovered recoverable petroleum located in a field that does not have an accepted field development plan:

(i) a description of any potentially commercially viable development scenarios; and

(ii) annual cash flow and capital expenditure forecasts for each identified development scenario;

(m) any other information that is required to be included in the annual title assessment report by a condition of the licence;

(n) a list of the reports submitted to the Titles Administrator in accordance with this instrument during the reporting period.

(3) The annual title assessment report must be in the approved form (if any).

Note: A form approved for the purposes of this section must be published on the Titles Administrator’s website: see section 32.

29 Information to be provided in annual title assessment report—greenhouse gas assessment permit

(1) For the purposes of paragraph 25(2)(d), this section sets out the requirements for a greenhouse gas assessment permittee’s annual title assessment report, for a reporting period for the permit.

(2) The annual title assessment report must include the following information:

(a) if the permit is subject to a condition requiring the permittee to carry out work in, or in relation to, the permit area:

(i) a description of the work carried out during the reporting period in compliance with the condition; and

(ii) the total expenditure incurred for the work during the reporting period; and

(iii) the total expenditure incurred for the work from the time the permit was granted until the end of the reporting period;

(b) for each activity not covered by paragraph (a) that the permittee carried out in, or in relation to, the permit area during the reporting period:

(i) a description of the activity; and

(ii) the total expenditure incurred for the activity during the reporting period; and

(iii) the total expenditure incurred for the activity from the time the permit was granted until the end of the reporting period;

(c) a description of the results of the work and activities carried out in, or in relation to, the permit area, including:

(i) details about any potential or eligible greenhouse gas formations in the permit area; and

(ii) estimates of the storage resources for each of those potential or eligible greenhouse gas formations; and

(iii) details about any potential greenhouse gas injection sites in the permit area;

(d) details of any new information that the permittee became aware of during the reporting period in relation to any identified greenhouse gas storage formations in the permit area for which a declaration under section 312 or 312A of the Act is in force;

(f) a description of the measures taken by the permittee to prepare for the activities that the permittee intends to carry out in the next reporting period for the permit (if any);

(h) if the permit is subject to a condition requiring the permittee to maintain insurance—details of the insurance the permittee maintains in compliance with that condition;

(i) details of any security that is taken to be in force in relation to the permit under section 31 of the Act, including the form and the amount of the security;

(j) any other information that is required to be included in the annual title assessment report by a condition of the permit;

(k) a list of the reports submitted to the responsible Commonwealth Minister in accordance with this instrument during the reporting period.

(3) The annual title assessment report must be in the approved form (if any).

Note: A form approved for the purposes of this section must be published on the Titles Administrator’s website: see section 32.

30 Information to be provided in annual title assessment report—greenhouse gas holding lease

(1) For the purposes of paragraph 25(2)(e), this section sets out the requirements for a greenhouse gas holding lessee’s annual title assessment report, for a reporting period for the lease.

(2) The annual title assessment report must include the following information:

(a) if the lease is subject to a condition requiring the lessee to carry out work in, or in relation to, the lease area:

(i) a description of the work carried out during the reporting period in compliance with the condition; and

(ii) the total expenditure incurred for the work during the reporting period; and

(iii) the total expenditure incurred for the work from the time the lease was granted until the end of the reporting period;

(b) for each activity not covered by paragraph (a) that the lessee carried out in, or in relation to, the lease area during the reporting period:

(i) a description of the activity; and

(ii) the total expenditure incurred for the activity during the reporting period; and

(iii) the total expenditure incurred for the activity from the time the lease was granted until the end of the reporting period;

(c) a description of the results of the work and activities carried out in, or in relation to, the lease area, including:

(i) a description of how carrying out those activities affected the likelihood and timing of the viability of injecting a greenhouse gas substance into an identified greenhouse gas storage formation in the lease area; and

(ii) a description of the work completed in relation to each proposed development scenario for the injection of a greenhouse gas substance into an identified greenhouse gas storage formation in the lease area, and the status, as at the end of the reporting period, of each of those development scenarios; and

(iii) details about any potential or eligible greenhouse gas formations in the lease area; and

(iv) estimates of the storage resources for each of those potential or eligible greenhouse gas formations; and

(v) details about any potential greenhouse gas injection sites in the lease area;

(d) a description of:

(ii) a description of how carrying out those activities will affect the likelihood and timing of the injection of a greenhouse gas substance into an identified greenhouse gas storage formation situated in the lease area;

(e) a description of the measures taken by the lessee to prepare for the activities that the lessee intends to carry out in the next reporting period for the lease (if any);

(f) details of the lessee’s future plans or proposals in relation to any wells that have been drilled in the lease area from the time the lease was granted until the end of the reporting period;

(g) annual cash flow and capital expenditure forecasts for each proposed development scenario for the injection of a greenhouse gas substance into an identified greenhouse gas storage formation situated in the lease area;

(h) details of any identified sources of greenhouse gas substances;

(i) if the reporting period is not the first reporting period for the lease—the following information about each identified greenhouse gas storage formation situated in the lease area:

(i) a description of the formation;

(ii) any new information relating to the evaluation of the formation;

(iii) an estimate of the contingent storage resources of the formation as at the end of the previous reporting period for the lease;

(iv) any new or revised technical and economic data upon which the estimate mentioned in subparagraph (iii) is based, including a report of any study carried out that has resulted in a revised estimate;

(j) if the lease is subject to a condition requiring the lessee to maintain insurance—details of the insurance the lessee maintains in compliance with that condition;

(k) details of any security that is taken to be in force in relation to the lease under section 31 of the Act, including the form and the amount of the security;

(l) any other information that is required to be included in the annual title assessment report by a condition of the lease;

(m) a list of the reports submitted to the responsible Commonwealth Minister in accordance with this instrument during the reporting period.

(3) The annual title assessment report must be in the approved form (if any).

Note: A form approved for the purposes of this section must be published on the Titles Administrator’s website: see section 32.

31 Annual title assessment reports may include any other relevant information

An annual title assessment report may include any other information that the titleholder believes is relevant to the title.

32 Approved forms

The Titles Administrator must publish on the Titles Administrator’s website any form approved for the purposes of section 26, 27, 28, 29 or 30.

Division 3—Miscellaneous matters relating to title assessment reports

33 Reports may be combined with permission

A titleholder with more than one title may, with the written agreement of the Titles Administrator, combine the annual title assessment reports for each of the titles into a single document.

34 Title assessment reports—transitioning to new reporting period

(1) This section applies, in relation to a title, if:

(a) a reporting period (the old reporting period) for the title has begun but not ended; and

(b) the Titles Administrator has agreed to a different reporting period (a new reporting period) for the title under paragraph 25(3)(b); and

(2) The first new reporting period for the title is taken to include the period between:

(a) the start of the old reporting period for the title; and

(b) the start of the first new reporting period for the title (disregarding the effect of this subsection).

35 Title assessment report for part of a year

Application

(1) This section applies if:

(a) a title ceases to be in force (whether because the title has expired or because the title has been surrendered, cancelled, revoked or terminated); and

(b) either:

(i) the term of the title was not a whole number of years; or

(ii) if the Titles Administrator has agreed to another reporting period for the title under paragraph 25(3)(b)—the title did not cease to be in force on the last day of a reporting period for the title.

Note: This section may apply when a title has been renewed. The renewal of a title is taken to be the grant of a new title on the day after the expiry of the previous title—see section 11 of the Act.

Notice for title assessment report

(2) The Titles Administrator may, by written notice, require the titleholder to give a title assessment report to the Titles Administrator for the period at the end of the term of the title that was not a reporting period for the title.

(3) The notice must specify:

(a) the information that must be included in the report; and

(b) a period of at least 30 days, starting on the day the notice is given to the titleholder, within which the report must be given to the Titles Administrator.

(4) For the purposes of paragraph (3)(a), the notice may only specify information that:

(a) if the notice is given to a petroleum exploration permittee—is specified in subsection 26(2); or

(b) if the notice is given to a petroleum retention lessee—is specified in subsection 27(2); or

(d) if the notice is given to a greenhouse gas assessment permit—is specified in subsection 29(2); or

(e) if the notice is given to a greenhouse gas holding lessee—is specified in subsection 30(2).

Titleholder must comply with notice

(5) A titleholder must comply with a notice given to the titleholder under subsection (2) within the period specified in the notice.

Strict liability offence

(6) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (5).

Penalty: 60 penalty units.

Civil penalty provision

(7) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (5).

Civil penalty: 600 penalty units.

Part 4—Field development plans and approvals of petroleum recovery

Division 1—Preliminary

36 Simplified outline of this Part

This Part deals with field development plans and rates of recovery of petroleum.

A petroleum production licensee must not recover petroleum from a field without an accepted field development plan for the field (subject to some exceptions). The titleholder must also undertake activities in accordance with an accepted field development plan.

This Part sets out the following matters in relation to field development plans:

(a) how a petroleum production licensee or an applicant for a petroleum production licence may apply to the Joint Authority for acceptance of a plan;

(b) how the Joint Authority is to decide whether to accept a plan;

(d) when a plan must be varied by a petroleum production licensee;

(e) when the Joint Authority may withdraw its acceptance of a plan.

A petroleum production licensee must not recover petroleum without a recovery rate approval from the Joint Authority.

This Part sets out the following matters in relation to recovery rate approvals:

(a) how a petroleum production licensee may apply to the Titles Administrator for a recovery rate approval from the Joint Authority;

(b) what matters must be included in an application for a recovery rate approval;

(d) when the Joint Authority may withdraw a recovery rate approval;

(e) how a licensee may apply for permission from the Titles Administrator to recover petroleum at a non‑approved rate of recovery.

A petroleum production licensee must give the Titles Administrator notice of significant events that occur in, or in relation to, the licence area.

Offences and civil penalties apply in relation to contravening the requirements of this Part.

37 Definitions

In this Part:

field means an area within a petroleum production licence area that is, or is proposed to be, covered by a field development plan.

38 Purpose of this Part

This Part is made for the purposes of subsection 782(1) and section 784 of the Act.

Division 2—Field development plan requirements for petroleum production licensees

39 Requirement to have accepted field development plan

(1) A petroleum production licensee must not recover petroleum from a petroleum pool in the licence area unless:

(a) the recovery is on an appraisal basis; or

(b) at the time of the recovery, the licensee has:

(i) an accepted field development plan for a field that includes the petroleum pool; or

(ii) permission under section 58 to recover petroleum at that time without an accepted field development plan for a field that includes the petroleum pool.

Note 1: This requirement applies to a petroleum production licensee. Recovery of petroleum in an offshore area without a petroleum production licence or other authorisation under the Act is an offence under section 160 of the Act.

Note 2: The Act also requires a petroleum production licensee to undertake the recovery operation in accordance with good oilfield practice: see section 569 of the Act.

Strict liability offence

(2) A petroleum production licensee commits an offence of strict liability if the licensee contravenes subsection (1).

Penalty: 100 penalty units.

Civil penalty provision

(3) A petroleum production licensee is liable to a civil penalty if the licensee contravenes subsection (1).

Civil penalty: 1,000 penalty units.

40 Requirement to undertake activities consistently with accepted field development plan

(1) A petroleum production licensee must not undertake an activity in a field if:

(a) the licensee has an accepted field development plan for the field; and

(b) the undertaking of the activity is not consistent with the plan.

Strict liability offence

(2) A petroleum production licensee commits an offence of strict liability if the licensee contravenes subsection (1).

Penalty: 100 penalty units.

Civil penalty provision

(3) A petroleum production licensee is liable to a civil penalty if the licensee contravenes subsection (1).

Civil penalty: 1,000 penalty units.

Division 3—Obtaining acceptance of field development plan

41 Application for acceptance of field development plan

Application

(1) A person (the FDP applicant) may apply to the Titles Administrator for the acceptance of a field development plan by the Joint Authority, if the FDP applicant is:

(a) a petroleum production licensee; or

(b) an applicant for a petroleum production licence.

(2) The application must:

(a) be in writing; and

(b) be in the approved form (if any); and

(3) The Titles Administrator must publish on the Titles Administrator’s website any form approved for the purposes of paragraph (2)(b).

(4) For the purposes of paragraph (2)(c), an application under this section is taken to be accompanied by a field development plan if the plan is given to the Titles Administrator before the end of the 10 day period that began on the day after the application was made.

Amendment of submitted field development plan before decision

(5) At any time before the Joint Authority makes a decision on a field development plan under section 43, the FDP applicant may:

(a) amend the application or plan; and

(b) resubmit the application and plan in accordance with subsection (2) of this section.

(6) If an FDP applicant amends and resubmits a field development plan under subsection (5), a reference in this Division to the field development plan is a reference to the plan as amended.

42 Titles Administrator may request further information

Titles Administrator may request further information

(1) The Titles Administrator may do either or both of the following:

(a) request the FDP applicant to:

(i) include in the field development plan further written information about any matter specified in section 45; and

(ii) resubmit the plan to the Titles Administrator;

(b) request the FDP applicant to provide further written information to the Titles Administrator about any matter specified in section 45.

Form of request

(2) A request under paragraph (1)(a) or (b) must:

(a) be in writing; and

(b) set out each matter for which written information is requested to be included or provided; and

(i) for a request under paragraph (1)(a)—the plan must be resubmitted; or

(ii) for a request under paragraph (1)(b)—the information must be provided.

Request must be complied with

(3) The FDP applicant must comply with the request:

(a) within the period specified in the request; or

(b) within a longer period agreed to, in writing, by the Titles Administrator.

(4) If the FDP applicant does not comply with subsection (3), the Joint Authority may, by written notice given to the FDP applicant:

(a) refuse to consider the application for acceptance of the field development plan; or

(b) refuse to take any action, or any further action, in relation to the application and plan.

(5) Subsection (4) has effect despite any provision of this instrument that requires the Joint Authority to:

(a) consider the application and plan; or

(b) take any particular action in relation to the application and plan.

43 Joint Authority decision on field development plan

(1) The Joint Authority must:

(a) if the Joint Authority is satisfied that the field development plan meets the criteria in section 44—accept the plan, subject to any conditions the Joint Authority considers appropriate; or

(b) if the Joint Authority is not so satisfied—reject the plan; or

(c) direct the Titles Administrator to notify the FDP applicant, in writing, that the Joint Authority requires further information to be included in the plan in order to be satisfied that the plan meets or does not meet the criteria in section 44.

Further assessment before decision

(2) A notice under paragraph (1)(c) must specify:

(a) the further information that the Joint Authority requires to be included in the plan; and

(b) the day when the Joint Authority intends to commence further assessment of the plan.

(3) The day specified under paragraph (2)(b) must give the FDP applicant a reasonable opportunity to modify and resubmit the field development plan.

(4) If the Joint Authority undertakes further assessment of the resubmitted field development plan, the Joint Authority must, as soon as practicable after undertaking that assessment:

(a) if the Joint Authority is satisfied that the plan meets the criteria in section 44—accept the plan, subject to such conditions as the Joint Authority considers appropriate; or

(b) if the Joint Authority is not so satisfied—reject the plan.

Notice of decision

(5) The Titles Administrator must notify the FDP applicant, in writing, of the following matters as soon as practicable after the Joint Authority decides to accept or reject the field development plan:

(a) the terms of the Joint Authority’s decision;

(b) if the Joint Authority decides to accept the plan—the date on which the plan was accepted;

(c) if the Joint Authority decides to accept the plan subject to one or more conditions—the conditions and the reasons for the decision;

(d) if the Joint Authority decides to reject the plan—the reasons for the decision.

44 Criteria for acceptance of field development plan

For the purposes of subsections 43(1) and (4) and 48(1) and (4), the criteria for acceptance of a field development plan, or a varied field development plan, are that:

(a) the plan includes the information specified in subsection 45(1); and

(b) the plan demonstrates that the FDP applicant will conduct pool management in the field in a manner that is:

(i) consistent with good oilfield practice; and

(ii) compatible with the optimum long‑term recovery of the petroleum.

45 Contents of field development plan

(1) For the purposes of paragraph 44(a), the following information must be included in a field development plan or a varied field development plan:

(a) a description of the field that is covered by the plan;

(b) evidence and data showing that the field contains petroleum, including details of the structure, extent and location of discovered petroleum pools;

(c) estimates of the volume of petroleum in place and recoverable petroleum, including technical and economic data supporting the estimates;

(d) a description of:

(i) the possible petroleum pools in the field; and

(ii) the FDP applicant’s proposals (if any) to explore for petroleum pools outside the field, and how any petroleum pools of commercial quantity may be developed;

(e) a description of:

(i) an appropriate strategy for the development of the field, management of the petroleum pools in the field and the optimum long‑term recovery of petroleum from the petroleum pools; and

(ii) any proposed alternative development scenarios;

(f) a description of how the FDP applicant intends to extract the petroleum over time, including the following:

(i) the estimated positions of wells;

(ii) the potential timing of workovers;

(iii) possible tie‑ins;

(g) the project schedule, including:

(i) an estimated development timetable of production facilities such as wells, platforms and petroleum pipelines; and

(ii) key project milestones; and

(iii) the date on which the FDP applicant estimates that recovery of petroleum from the field will cease;

(h) annual cash flow and capital expenditure forecasts associated with the development of the field for:

(i) the 12‑month period beginning on the day the plan is submitted; and

(ii) each subsequent 12‑month period during which operations are expected to be undertaken in, or in relation to, the field (including operations relating to decommissioning);

(i) details of the FDP applicant’s operations or proposals for:

(i) the enhanced recovery or recycling of petroleum; and

(ii) the processing, storage or disposal of petroleum; and

(iii) the injection of petroleum or water into an underground formation;

(j) a description of the arrangements for:

(i) monitoring, recording in writing and reporting on the FDP applicant’s conduct of pool management; and

(ii) keeping records and other documents about the FDP applicant’s conduct of pool management;

(k) details of:

(i) the surface connections and equipment that will be used by the FDP applicant; and

(ii) any production by a well that is from more than one petroleum pool; and

(iii) any production from a petroleum pool that is through more than one well;

(l) a description of any arrangements for the transport, injection and storage of any greenhouse gas substances obtained from third parties or other external sources;

(m) a description of the arrangements for the maintenance of an accurate quantitative record of events, measurements and actions to which the plan relates.

(2) A field development plan may include any other information that the FDP applicant believes is relevant.

Division 4—Varied field development plans

Subdivision A—Varied field development plans

46 Circumstances when petroleum production licensee must apply for acceptance of varied field development plan

Major change in relation to recovery of petroleum

(1) If a petroleum production licensee intends to make a major change in relation to the recovery of petroleum from a field covered by an accepted field development plan, the licensee must:

(a) vary the accepted field development plan to provide for the major change; and

(b) apply to the Titles Administrator for the acceptance, by the Joint Authority, of that plan as varied (the varied field development plan).

Note: A petroleum production licensee also must not undertake an activity if the undertaking of the activity is not consistent with the accepted field development plan: see section 40.

(2) The petroleum production licensee must submit the application at least 90 days before making the major change.

Varied field development plan required by Joint Authority

(3) If the Joint Authority requires a petroleum production licensee, by written notice under section 51, to vary an accepted field development plan of the licensee, the licensee must:

(a) vary the plan in accordance with:

(i) the notice; or

(ii) if the notice is varied under section 53—the varied notice; and

(b) apply to the Titles Administrator for the acceptance, by the Joint Authority, of that plan as varied (the varied field development plan).

Note: Under section 51, the Titles Administrator may give a petroleum production licensee a written notice advising the licensee that the Joint Authority requires the licensee to vary an accepted field development plan. The licensee may object to the notice under section 52 and the Titles Administrator may vary or withdraw the notice under section 53.

(4) The petroleum production licensee must submit the application:

(a) within 90 days after the notice is given to the licensee under section 51; or

(b) if the notice is varied under section 53—within 90 days after the licensee is notified of the new requirements under that section.

(5) Subsections (3) and (4) do not apply if the notice is withdrawn under section 53.

Transfer of licence

(6) If:

(a) a petroleum production licensee has an accepted field development plan for a field in the licence area; and

(b) after the plan was accepted by the Joint Authority, a transfer of the petroleum production licence is registered under section 479 of the Act; and

(c) another petroleum production licensee who is the transferee, in relation to the transfer of the licence, does not give the Titles Administrator a written undertaking to continue operations in the field consistently with the accepted field development plan;

then the transferee must:

(d) vary the accepted field development plan to provide for any changes that the transferee intends to implement in relation to any matter specified in section 45; and

(e) apply to the Titles Administrator for the acceptance, by the Joint Authority, of that plan as varied (the varied field development plan).

(7) The petroleum production licensee who is the transferee must submit the application within 90 days after the transfer of the licence is registered under section 479 of the Act.

Change in control of petroleum production licensee

(8) If:

(a) at a time after the Joint Authority accepts a petroleum production licensee’s field development plan, there is a change in control (within the meaning of section 566B of the Act) of the licensee (whether or not the change in control is approved by the Titles Administrator under section 566D of the Act); and

(b) after the change in control takes effect, the Titles Administrator requests, in writing, that the licensee give a written undertaking that the licensee will continue operations consistently with the accepted field development plan; and

(c) the licensee does not give that written undertaking to the Titles Administrator within 14 days after receiving the request;

the licensee must:

(d) vary the accepted field development plan to provide for any changes in relation to any matter specified in section 45 that the licensee intends to implement; and

(e) apply to the Titles Administrator for the acceptance, by the Joint Authority, of that plan as varied (the varied field development plan).

(9) The petroleum production licensee must submit the application within 90 days after receiving the request mentioned in paragraph (8)(b).

Application must be accompanied by varied field development plan

(10) An application under this section must:

(a) be in writing; and

(b) be in the approved form (if any); and

(11) For the purposes of paragraph (10)(c), an application under this section is taken to be accompanied by a varied field development plan if the varied field development plan is given to the Titles Administrator before the end of the 10 day period that began on the day after the application was made.

(12) The Titles Administrator must publish on the Titles Administrator’s website any form approved for the purposes of paragraph (10)(b).

Strict liability offence

(13) A petroleum production licensee commits an offence of strict liability if the licensee contravenes subsection (2), (4), (7) or (9).

Penalty: 100 penalty units.

Civil penalty provision

(14) A petroleum production licensee is liable to a civil penalty if the licensee contravenes subsection (2), (4), (7) or (9).

Civil penalty: 1,000 penalty units.

47 Titles Administrator may request further information about varied field development plan

Titles Administrator may request further information

(1) If a petroleum production licensee applies to the Titles Administrator for acceptance of a varied field development plan under section 46, the Titles Administrator may do either or both of the following:

(a) request the licensee:

(i) to include in the varied field development plan further information about any matter mentioned in section 45; and

(ii) to resubmit the varied field development plan to the Titles Administrator;

(b) request the licensee to provide further written information to the Titles Administrator about any matter mentioned in section 45.

Form of request

(2) A request under subsection (1) must:

(a) be in writing; and

(b) set out each matter for which information is requested to be included or provided; and

(i) for a request under paragraph (1)(a)—the varied field development plan must be resubmitted; or

(ii) for a request under paragraph (1)(b)—the information must be provided.

Request must be complied with

(3) The petroleum production licensee must resubmit the varied field development plan or provide the information:

(a) within the period specified in the request; or

(b) within a longer period agreed to, in writing, by the Titles Administrator.

(4) If the petroleum production licensee does not comply with subsection (3), the Joint Authority may, by written notice given to the licensee:

(a) refuse to consider the licensee’s application for acceptance of the varied field development plan; or

(b) refuse to take any action, or any further action, in relation to the application and varied field development plan.

(5) Subsection (4) has effect despite any provision of this instrument that requires the Joint Authority to:

(a) consider the application and varied field development plan; or

(b) take any particular action in relation to the application and varied field development plan.

48 Joint Authority decision on varied field development plan

(1) The Joint Authority must:

(a) if the Joint Authority is satisfied that the varied field development plan meets the criteria in section 44—accept the varied field development plan, subject to any conditions the Joint Authority considers appropriate; or

(b) if the Joint Authority is not so satisfied—reject the varied field development plan; or

(c) direct the Titles Administrator to notify the licensee, in writing, that the Joint Authority requires further information in order to be satisfied that the varied field development plan meets or does not meet those criteria.

Further assessment before decision

(2) A notice under paragraph (1)(c) must specify:

(a) any further information the Joint Authority requires to be included in the varied field development plan; and

(b) the day after which the Joint Authority will commence further assessment of the varied field development plan.

(3) The day specified under paragraph (2)(b) must give the licensee a reasonable opportunity to modify and resubmit the varied field development plan.

(4) If the Joint Authority undertakes further assessment of the varied field development plan, the Joint Authority must, as soon as practicable after undertaking that assessment:

(a) if the Joint Authority is satisfied that the varied field development plan meets the criteria in section 44—accept the varied field development plan subject to such conditions as the Joint Authority considers appropriate; or

(b) if the Joint Authority is not so satisfied—reject the varied field development plan.

Notice of decision

(5) The Titles Administrator must notify the licensee, in writing, of the following matters as soon as practicable after the Joint Authority has made a decision to accept or reject the varied field development plan:

(a) the terms of the Joint Authority’s decision;

(b) if the Joint Authority decides to accept the varied field development plan—the day on which the varied field development plan was accepted;

(c) if the Joint Authority decides to accept the varied field development plan subject to one or more conditions—the conditions and the reasons for the decision;

(d) if the Joint Authority decides to reject the varied field development plan—the reasons for the decision.

49 Amendment of varied field development plan

(1) At any time before the Joint Authority makes a decision under section 48 on a petroleum production licensee’s application for acceptance of a varied field development plan, the licensee may:

(a) amend the application or varied field development plan; and

(b) resubmit the application and varied field development plan in accordance with subsection 46(10).

(2) If a licensee amends and resubmits a varied field development plan under subsection (1), a reference in this Division to the varied field development plan is a reference to the varied field development plan as amended.

50 Effect of rejection of varied field development plan

(1) If:

(a) a petroleum production licensee varies an accepted field development plan and applies for the acceptance by the Joint Authority of the varied field development plan under section 46; and

(b) the Joint Authority rejects the varied field development plan under section 48;

the accepted field development plan continues in effect, subject to the Act and this Part, as if the varied field development plan had not been submitted.

(2) Subsection (1) does not limit section 51.

Subdivision B—Varied field development plans required by Joint Authority

51 Joint Authority may require varied field development plan

(1) The Titles Administrator may give a petroleum production licensee who has an accepted field development plan for a field in the licence area a written notice advising the licensee that the Joint Authority requires the licensee to vary the accepted field development plan.

Note: If a petroleum production licensee receives a notice under this section, the licensee must apply to the Titles Administrator for acceptance, by the Joint Authority, of a varied field development plan: see subsections 46(3) and (4).

(2) The notice must:

(a) set out the following:

(i) how the Joint Authority requires the accepted field development plan to be varied;

(ii) the grounds for requiring the accepted field development plan to be varied;

(iii) the effect of section 52; and

(b) state that the licensee must submit the varied field development plan within 90 days after the notice is given to the licensee.

52 Objection to requirement for varied field development plan

(1) If the Titles Administrator gives a petroleum production licensee a notice under section 51 requiring the licensee to vary an accepted field development plan, the licensee may give an objection, in writing, to the Titles Administrator:

(a) stating either or both of the following:

(i) that the licensee should not be required to vary the accepted varied field development plan;

(ii) that the accepted field development plan should be varied differently to how the Joint Authority requires the accepted field development plan to be varied; and

(b) giving reasons for the objection.

(2) The licensee must give the objection to the Titles Administrator:

(a) within 21 days after receiving the notice; or

(b) if the Titles Administrator agrees, in writing, to a longer period—within that longer period.

53 Joint Authority decision on objection to requirement for varied field development plan

(1) The Joint Authority must decide whether to accept or reject a licensee’s objection made under section 52.

(2) The Titles Administrator must notify the licensee, in writing, of the following matters as soon as practicable after the Joint Authority makes a decision under subsection (1):

(a) the terms of the Joint Authority’s decision, including:

(i) whether the notice given under section 51 is varied or withdrawn; and

(ii) if the notice is varied—the new requirements;

(b) if the decision is to reject the objection—the reasons for the decision.

Division 5—Withdrawal of acceptance of field development plan

54 Withdrawal of acceptance of field development plan

The Joint Authority may withdraw its acceptance of a petroleum production licensee’s accepted field development plan if any of the following grounds for withdrawal apply:

(a) the licensee has failed to comply with a provision of the Act or this instrument;

(b) the licensee has failed to comply with the plan;

(c) the licensee has failed to comply with a condition to which the Joint Authority’s acceptance of the plan was made subject under section 43 or 48;

(d) the licensee has failed to comply with any direction given under the Act.

55 Steps to be taken before withdrawing acceptance

(1) Before withdrawing acceptance of an accepted field development plan under section 54, the Joint Authority must comply with subsections (2), (4) and (5) of this section.

Notice of intention to withdraw acceptance

(2) The Joint Authority must ask the Titles Administrator to give the licensee at least 30 days’ notice, in writing, of the Joint Authority’s intention to withdraw acceptance of the plan.

(3) The Joint Authority may ask the Titles Administrator to give a copy of the notice to such other persons (if any) as the Joint Authority thinks fit.

Contents of notice

(4) The Joint Authority must ensure that the notice specifies:

(a) the grounds on which the Joint Authority proposes to withdraw acceptance of the plan; and

(b) a day by which the licensee (or any other person to whom a copy of the notice has been given) may submit to the Titles Administrator, in writing, any matters for the Joint Authority to take into account in deciding whether to withdraw acceptance of the plan.

Considerations

(5) In deciding whether to withdraw acceptance of the plan, the Joint Authority must take into account:

(a) any action taken by the licensee to remove the ground for withdrawal of acceptance, or to prevent the recurrence of that ground; and

(b) any matter submitted to the Titles Administrator before the day specified in the notice by:

(i) the licensee; or

(ii) if another person is given a copy of the notice under subsection (3)—that other person.

56 Notice of withdrawal of acceptance

(1) The Titles Administrator must give the licensee written notice of the Joint Authority’s withdrawal of acceptance under section 54.

(2) The notice must specify:

(a) the grounds for the withdrawal of acceptance; and

(b) the day from which the withdrawal of acceptance takes effect.

Division 6—Recovery of petroleum without accepted field development plan

57 Application for permission to recover petroleum without accepted field development plan

(1) A petroleum production licensee may apply, in writing, to the Titles Administrator for permission to recover petroleum from one or more petroleum pools in the licence area without having an accepted field development plan for the field that includes the petroleum pool or pools.

(2) The application must include the following information for each petroleum pool covered by the application:

(a) the reason why it is necessary for the licensee to recover the petroleum without having an accepted field development plan;

(b) details of any proposed extended production test;

(d) details of any proposed disposal or flaring of any produced hydrocarbons.

58 Decision on application

Decision on application

(1) As soon as practicable after the Titles Administrator receives an application from a petroleum production licensee under section 57, the Titles Administrator must:

(a) consult the Joint Authority on the appropriateness or otherwise of granting the permission; and

(b) do one of the following:

(i) grant the permission;

(ii) grant the permission subject to such conditions as the Titles Administrator considers appropriate;

(iii) refuse to grant the permission;

(iv) request that the licensee provide further written information in order for the Titles Administrator to make a decision mentioned in subparagraph (i), (ii) or (iii) of this paragraph.

Request for further information

(2) A request under subparagraph (1)(b)(iv) must:

(a) be in writing; and

(b) specify each matter for which further information is requested; and

(c) specify a period of at least 14 days, starting on the day the request is given to the licensee, within which the information must be provided.

(3) After receiving the information specified in the request, the Titles Administrator must, as soon as practicable, do one of the things set out in paragraph (1)(b) in respect of the application.

Notice of decision

(4) The Titles Administrator must notify the licensee, in writing, of the following matters as soon as practicable after deciding to grant or refuse to grant the permission:

(a) the terms of the decision;

(b) if the Titles Administrator decides to grant the permission subject to one or more conditions—the conditions and the reason for the decision;

Permission period

(5) Subject to subsections (6) and (7), if the Titles Administrator grants the permission, the maximum period for which the Titles Administrator may grant the permission is 3 months from the day of the Titles Administrator’s decision.

(6) The Titles Administrator may:

(a) on written application by the licensee; and

(b) after consulting the Joint Authority on the appropriateness or otherwise of granting an extension;

extend the period of the permission by a maximum of 3 months.

(7) The Titles Administrator may grant an extension under subsection (6) more than once, but the total period of all extensions must not exceed 9 months.

Division 7—Rates of recovery of petroleum

Subdivision A—Recovery rate approvals

59 Requirement to obtain recovery rate approval

(1) A petroleum production licensee must not recover petroleum from a petroleum pool in the licence area unless either or both of the following apply:

(a) the rate, or a range of rates, of recovery of petroleum from the pool has been approved by the Joint Authority under section 60;

(b) the rate of recovery of petroleum from the pool is subject to a direction under section 190 of the Act.

Note: The Joint Authority may direct a petroleum production licensee to take all necessary and practicable steps to increase or reduce the rate at which petroleum is being recovered in the licence area: see section 190 of the Act.

Strict liability offence

(2) A petroleum production licensee commits an offence of strict liability if the licensee contravenes subsection (1).

Penalty: 100 penalty units.

Civil penalty provision

(3) A petroleum production licensee is liable to a civil penalty if the licensee contravenes subsection (1).

Civil penalty: 1,000 penalty units.

60 Recovery rate approval

Recovery rate approval application

(1) A petroleum production licensee may apply to the Titles Administrator for approval (a recovery rate approval) by the Joint Authority of the rate, or range of rates, of recovery of petroleum from one or more petroleum pools in the licence area.

(2) The application must:

(a) be in writing; and

(b) be in the approved form (if any); and

(3) For the purposes of paragraph (2)(c), the application must include the following information:

(a) the proposed rate, or range of rates, of recovery of petroleum from:

(i) the petroleum pool; and

(ii) each well through which petroleum will be recovered from the petroleum pool; and

(iii) the field that includes the petroleum pool;

(b) how each of those rates, or range of rates, of recovery are consistent with the accepted field development plan for the field that includes the petroleum pool;

(c) the past performance (if any), and a prediction of the future performance, of each production well in the licence area;

(d) an estimate of the volume of petroleum in place and recoverable petroleum, including data supporting the estimates, for each of the following:

(i) the petroleum pool;

(ii) each well through which petroleum will be recovered from the petroleum pool;

(iii) the field that includes the petroleum pool;

(e) either:

(i) evidence that the equipment and procedures that will be used to determine the quantity and composition of petroleum and water recovered from the pool have been approved under section 66; or

(ii) evidence that the equipment that will be used to determine the quantity of petroleum recovered from the pool has been approved under section 13 of the Royalty Act.

Note: Under section 13 of the Royalty Act, a State Minister can approve a measuring device for the purposes of measuring quantities of petroleum recovered from a well.

(4) The Titles Administrator must publish on the Titles Administrator’s website any form approved for the purposes of paragraph (2)(b).

Decision on application

(5) In relation to each petroleum pool covered by the application, the Joint Authority must:

(a) approve the proposed rate, or range of rates, of recovery; or

(b) approve the proposed rate, or range of rates, of recovery subject to such conditions as the Joint Authority considers appropriate; or

(6) The Joint Authority must not approve a rate, or range of rates, of recovery of petroleum from a petroleum pool covered by the application if the application does not include all of the information specified in subsection (3).

(7) In making a decision under subsection (5), the Joint Authority must ensure that the rate, or range of rates, is consistent with the accepted field development plan for the field that includes the pool or pools.

Notice of decision

(8) The Titles Administrator must notify the petroleum production licensee, in writing, of the following matters as soon as practicable after the Joint Authority has made a decision to approve or reject the proposed rate, or range of rates, of recovery from the pool or pools:

(a) the terms of the Joint Authority’s decision;

(b) if the Joint Authority decides to approve the rate, or range of rates, of recovery subject to one or more conditions—the conditions and the reasons for the decision;

(c) if the Joint Authority decides to refuse to approve the rate, or range of rates, of recovery—the reasons for the decision.

Amendment of application

(9) At any time before the Joint Authority makes a decision under subsection (5) in relation to an application, the applicant may amend and resubmit the application in accordance with subsection (2).

(10) If an applicant amends and resubmits an application under subsection (9), a reference in this section to the application is a reference to the application as amended.

61 Withdrawal of recovery rate approval

(1) Subject to subsection (2), the Joint Authority may withdraw a petroleum production licensee’s recovery rate approval if any of the following grounds for withdrawal apply:

(a) the licensee has failed to recover petroleum in accordance with the recovery rate approval;

(b) the licensee has failed to comply with a condition to which the recovery rate approval was subject;

(d) the licensee has failed to comply with any direction given under the Act.

(2) The Joint Authority must not withdraw the recovery rate approval if:

(a) the purported grounds for withdrawal are mentioned in either paragraph (1)(a) or (b); and

(b) the grounds arose because the licensee was acting in accordance with a permission granted by the Joint Authority under section 65.

Note: Under section 65, the Titles Administrator may grant permission for a petroleum production licensee to recover petroleum at a different rate to that approved under section 60.

62 Steps to be taken before withdrawing recovery rate approval

(1) Before withdrawing a petroleum production licensee’s recovery rate approval under section 61, the Joint Authority must comply with subsections (2), (4) and (5) of this section.

Notice of intention to withdraw recovery rate approval

(2) The Joint Authority must ask the Titles Administrator to give the licensee at least 30 days’ notice, in writing, of the Joint Authority’s intention to withdraw the recovery rate approval.

(3) The Joint Authority may ask the Titles Administrator to give a copy of the notice to such other persons (if any) as the Joint Authority thinks fit.

Contents of notice

(4) The Joint Authority must ensure that the notice specifies:

(a) the grounds on which the Joint Authority proposes to withdraw the recovery rate approval; and

Considerations

(5) In deciding whether to withdraw the recovery rate approval, the Joint Authority must take into account:

(a) any action taken by the licensee to:

(i) reinstate recovery of petroleum in accordance with the recovery rate approval; or

(ii) ensure that petroleum is recovered only in accordance with the recovery rate approval; and

(b) either:

(i) any equipment and procedures approved under section 66 in relation to the licensee and petroleum pool; or

(ii) any equipment approved under section 13 of the Royalty Act in relation to the licensee and petroleum pool; and

(i) the licensee; or

(ii) if another person is given a copy of the notice under subsection (3)—that other person.

63 Notice of withdrawal of recovery rate approval

(1) The Titles Administrator must give the licensee written notice of the Joint Authority’s withdrawal of the licensee’s recovery rate approval under section 61.

(2) The notice must specify:

(a) the grounds for the withdrawal of recovery rate approval; and

(b) the day the withdrawal takes effect.

Subdivision B—Short‑term permission to recover petroleum at non‑approved rate

64 Application for short‑term permission to recover petroleum at non‑approved rate

(1) This section applies if the Joint Authority has approved a petroleum production licensee’s application for a recovery rate approval under section 60.

(2) The petroleum production licensee may apply, in writing, to the Titles Administrator for permission to recover petroleum from the petroleum pool or pools at a different rate, or a different range of rates, (the different rate) to the rate or rates in the recovery rate approval.

(3) The application must include the following information for each petroleum pool covered by the application:

(a) an explanation of why it is necessary for the licensee to recover the petroleum at the different rate;

(b) the period for which permission is sought (which must be no more than 6 months);

(d) the effect that recovery at the different rate will have on:

(i) the optimum long‑term recovery of petroleum from the pool; and

(ii) each well that is producing from the pool;

(e) details of any proposed flaring of any produced hydrocarbons;

(f) any other information that the licensee considers is relevant to the application.

65 Decision on application for short‑term permission to recover petroleum at non‑approved rate

Decision on application

(1) As soon as practicable after the Titles Administrator receives an application from a petroleum production licensee under section 64, the Titles Administrator must:

(a) consult the Joint Authority on the appropriateness or otherwise of approving the application; and

(b) do one of the following:

(i) grant the permission sought in the application;

(ii) grant the permission, subject to such conditions as the Titles Administrator considers appropriate;

(iii) refuse to grant the permission;

(iv) request that the licensee provide further written information in order for the Titles Administrator to make a decision mentioned in subparagraph (i), (ii) or (iii) of this paragraph.

Request for further information

(2) A request under subparagraph (1)(b)(iv) must:

(a) be in writing; and

(b) specify each matter for which further information is requested; and

(c) specify a period of at least 14 days, starting on the day the request is given to the licensee, within which the information must be provided.

(3) After receiving the information specified in a request under subparagraph (1)(b)(iv), the Titles Administrator must, as soon as practicable, do one of the things set out in paragraph (1)(b) in respect of the application.

Notice of decision

(4) The Titles Administrator must notify the licensee, in writing, of the following matters as soon as practicable after making a decision to approve or reject an application:

(a) the terms of the decision;

(b) if the Titles Administrator decides to grant the permission subject to one or more conditions—the conditions and the reasons for the decision;

Permission period

(5) Subject to subsections (6) and (7), if the Titles Administrator grants the permission, the maximum period for which the Titles Administrator may grant the permission is 6 months from the date of the Titles Administrator’s decision.

(6) The Titles Administrator may:

(a) on written application by the licensee; and

(b) after consulting the Joint Authority on the appropriateness or otherwise of granting an extension;

extend the period of the permission by a maximum of 6 months.

(7) The Titles Administrator may grant an extension under subsection (6) more than once, but the total period of all extensions must not exceed 18 months.

66 Approval of equipment and procedures to determine rates of recovery of petroleum

Application

(1) A petroleum production licensee may apply to the Titles Administrator for approval by the Joint Authority of the equipment and procedures used to determine the quantity and composition of petroleum and water recovered from one or more petroleum pools.

Note: An application for a recovery rate approval under section 60 must include evidence that either:

(a) the equipment and procedures used to determine the quantity and composition of petroleum and water have been approved under this section; or

(b) the equipment that will be used to determine the quantity of petroleum recovered from the pool or pools has been approved under section 13 of the Royalty Act.

(2) The application must:

(a) be in writing; and

(b) include a description of the equipment and procedures that the petroleum production licensee intends to use to determine the quantity and composition of petroleum and water recovered from each petroleum pool covered by the application.

Decision on application

(3) The Joint Authority must:

(a) approve the equipment and procedures; or

(b) refuse to approve the equipment and procedures.

(4) The Titles Administrator must notify the petroleum production licensee, in writing, of the following matters as soon as practicable after the Joint Authority has made a decision to approve or not approve the equipment and procedures:

(a) the terms of the Joint Authority’s decision;

(b) if the Joint Authority refuses to approve the equipment and procedures—the reasons for the decision.

Amendment of application

(5) At any time before the Joint Authority makes a decision on an application under subsection (3), the applicant may amend and resubmit the application in accordance with subsection (2).

(6) If the petroleum production licensee amends and resubmits the application under subsection (5), a reference in this section to the application is a reference to the application as amended.

Division 8—Requirement to give notice of significant events

67 Meaning of significant event

A significant event in, or in relation to, a licence area means any of the following:

(a) a change in the understanding of the characteristics of the geology or reservoir that may have a significant impact on the optimum recovery of petroleum from the licence area;

(b) a new or increased risk to the recovery of petroleum within the licence area;

(c) a new or increased risk to the recovery of petroleum outside the licence area caused by the development of pools in the licence area;

(d) a new or increased risk of activities in the licence area causing effects outside the licence area (for example aquifer depletion caused by hydrocarbon extraction);

(e) a change to the proposed option for development of pools in the licence area, including any tie‑in opportunity with nearby licence areas.

68 Requirement to give notice of significant event

(1) A petroleum production licensee contravenes this subsection if:

(a) a significant event occurs in, or in relation to, the licence area; and

(b) the licensee becomes aware of the significant event; and

(c) the licensee does not give a written notice, in accordance with subsection (2), of the significant event to the Titles Administrator within 7 days after becoming aware of the event.

(2) For the purposes of paragraph (1)(c), the notice must include the following information:

(a) all the material facts and circumstances about the significant event that the licensee is aware of or is able, by reasonable search and inquiry, to find out, including:

(i) when the event occurred or was first detected; and

(ii) the implications of the event for the reservoir and the optimum long‑term recovery of petroleum;

(b) a description of any action taken, or proposed to be taken, in response to the significant event.

(3) The notice may include any other facts the licensee considers relevant.

Strict liability offence

(4) A petroleum production licensee commits an offence of strict liability if the licensee contravenes subsection (1).

Penalty: 100 penalty units.

Civil penalty provision

(5) A petroleum production licensee is liable to a civil penalty if the licensee contravenes subsection (1).

Civil penalty: 1,000 penalty units.

Part 5—Well integrity

Division 1—Preliminary

69 Simplified outline of this Part

This Part regulates how certain titleholders are to manage the integrity of wells.

The main rules are that:

(a) before a titleholder carries out a well activity, the titleholder must have a well operations management plan in force that covers the well and well activity; and

(b) the titleholder must carry out the well activity in accordance with the plan; and

This Part sets out the following matters in relation to well operations management plans:

(a) how a titleholder may apply to NOPSEMA for acceptance of a plan;

(b) how NOPSEMA is to decide on whether to accept a plan;

(d) when a plan must be revised by a titleholder;

(e) when NOPSEMA may withdraw its acceptance of a plan.

Under this Part, a titleholder must also:

(a) provide annual well integrity reports to NOPSEMA; and

(b) notify NOPSEMA before the titleholder carries out certain well activities; and

Information that a titleholder gives to NOPSEMA under this Part must also be given to the Titles Administrator.

This Part also sets out how this Part applies in relation to a person who is given remedial directions under the Act.

Offences and civil penalties apply in relation to contravening the requirements of this Part.

70 Purpose of this Part

This Part is made for the purposes of subsection 782(1) and section 784 of the Act.

71 Application

(1) This Part applies to the following titleholders:

(a) a petroleum exploration permittee;

(b) a petroleum retention lessee;

(d) an infrastructure licensee;

(e) a greenhouse gas assessment permittee;

(f) a greenhouse gas holding lessee;

(g) a greenhouse gas injection licensee.

(2) This Part does not apply in relation to a well that is drilled for the purpose of geotechnical drilling or construction of a facility.

72 Definitions

In this Part:

well has a meaning affected by section 74.

well activity means an activity relating to a well that is carried out during the life of the well.

Note: See also section 75 (well activity taken to occur if well is not operational).

73 When a well operations management plan is in force

(1) A well operations management plan (including a revised plan required under Division 4) is in force if:

(a) the plan has been accepted by NOPSEMA under Division 3; and

(b) the acceptance of the plan has not been withdrawn by NOPSEMA under Division 5; and

(2) A well operations management plan ceases to be in force under this subsection if:

(a) the titleholder permanently abandons the well or wells covered by the plan; and

(b) the titleholder gives NOPSEMA a written report of:

(i) the process that was carried out in abandoning the well or wells; and

(ii) the outcome of that process; and

(c) NOPSEMA notifies the titleholder in writing that NOPSEMA is reasonably satisfied that the process of abandoning the well or wells has been carried out in accordance with the well operations management plan.

(3) For the purposes of subsection (1), if a well operations management plan (including a revised plan required under Division 4) has been accepted in part by NOPSEMA under Division 3, the plan is taken to include only that part accepted by NOPSEMA.

74 Well includes associated well‑related equipment

In this Part, a reference to a well includes a reference to the well‑related equipment associated with the well.

Note: For the definitions of well and well‑related equipment, see section 7 of the Act.

75 Well activity taken to occur if well is not operational

If there is a well in a title area that is not operational (but not permanently abandoned), the titleholder is taken for the purpose of this instrument to be carrying out a well activity in relation to the well.

Note 1: See also sections 76 (requirement to have well operations management plan in force) and 77 (well activity must be carried out in accordance with well operations management plan).

Note 2: The withdrawal of an acceptance of a well operations management plan does not affect a well that is not operational: see section 94.

Division 2—Well operations management plan requirements

76 Requirement to have well operations management plan in force

(1) A titleholder contravenes this subsection if:

(a) the titleholder carries out a well activity relating to a well; and

(b) there is no well operations management plan in force that covers the well and well activity.

Note 1: NOPSEMA may give directions to titleholders that may relate to a well activity and must be complied with despite anything in this instrument: see sections 574, 576B and 579A of the Act.

Note 2: NOPSEMA and the responsible Commonwealth Minister may also give remedial directions about plugging or closing off wells: see sections 586, 587, 591B and 594A (NOPSEMA directions) and sections 586A, 587A, 592 and 595 (responsible Commonwealth Minister directions) of the Act.

Strict liability offence

(2) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 100 penalty units.

Civil penalty provision

(3) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 1,000 penalty units.

77 Requirement to carry out well activities in accordance with well operations management plan etc.

Requirement to carry out well activities in accordance with well operations management plan

(1) A titleholder contravenes this subsection if:

(a) the titleholder carries out a well activity, in relation to a well, in a particular way; and

(b) a well operations management plan is in force for the well that:

(i) specifies a requirement that applies in relation to the activity; or

(ii) is subject to a condition that applies in relation to the activity; and

(d) before the titleholder begins carrying out the activity, NOPSEMA has not consented under subsection (2) to the titleholder carrying out the activity in that particular way.

(2) For the purposes of paragraph (1)(d), NOPSEMA may consent, in writing, to a titleholder carrying out a well activity in a particular way if:

(a) the titleholder has requested, in writing, NOPSEMA’s consent to carry out the activity in that way; and

(b) NOPSEMA reasonably believes, on the basis of information in the request and any other information NOPSEMA considers relevant, that carrying out the activity in that way will not result in the integrity of the well becoming subject to a significant new risk or a significantly increased risk.

Requirement to carry out well activities specified in well operations management plan

(3) A titleholder contravenes this subsection if:

(a) a well operations management plan that is in force for a well requires the titleholder to carry out a well activity in relation to the well; and

(b) the titleholder does not carry out the well activity.

Note 1: NOPSEMA may give directions to titleholders that may relate to a well activity and must be complied with despite anything in this instrument: see sections 574, 576B and 579A of the Act.

Strict liability offence

(4) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (1) or (3).

Penalty: 100 penalty units.

Civil penalty

(5) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (1) or (3).

Civil penalty: 1,000 penalty units.

Division 3—Obtaining acceptance of well operations management plan

78 Application for acceptance of well operations management plan

(1) A titleholder may apply to NOPSEMA for acceptance by NOPSEMA of a well operations management plan.

(2) The application must be made at least 30 days, or such lesser number of days approved by NOPSEMA in writing, before the proposed start of the first well activity to which the plan would apply.

(3) The well operations management plan:

(a) must be submitted with the application; and

(b) must be in writing; and

(d) with the written approval of NOPSEMA—may be submitted in part.

Note: For the purposes of paragraph (3)(d), the titleholder may, for example, submit a plan that:

(a) is proposed to apply to only some of the well activities the titleholder intends to carry out during the life of the well; or

(b) applies to certain stages of well activities to which the plan is proposed to apply.

79 Decision on well operations management plan

Initial consideration

(1) Within 30 days after a titleholder applies to NOPSEMA under section 78 for acceptance of a well operations management plan, NOPSEMA must:

(a) if NOPSEMA is reasonably satisfied that the plan meets the criteria in section 81—accept the plan; or

(b) if NOPSEMA is not reasonably satisfied that the plan meets those criteria—give the titleholder written notice under subsection (2) of this section; or

(c) if NOPSEMA is unable to make a decision on the plan within the 30 day period—give the titleholder written notice of that fact and a proposed timetable for NOPSEMA’s consideration of the plan.

Notice that titleholder must resubmit plan

(2) A notice under this subsection must:

(a) state that NOPSEMA is not reasonably satisfied that the well operations management plan submitted or resubmitted by the titleholder meets the criteria in section 81; and

(b) identify the criteria about which NOPSEMA is not so satisfied; and

(3) The day specified under paragraph (2)(c) must give the titleholder a reasonable opportunity to modify and resubmit the plan.

Consideration after opportunity for resubmission

(4) Within 30 days after the titleholder has resubmitted a modified well operations management plan (the resubmitted plan):

(a) if NOPSEMA is reasonably satisfied that the resubmitted plan meets the criteria in section 81—NOPSEMA must accept the resubmitted plan; or

(b) if NOPSEMA is still not reasonably satisfied that the resubmitted plan meets those criteria—NOPSEMA must:

(i) give the titleholder a further notice under subsection (2) of this section; or

(ii) refuse to accept the resubmitted plan; or

(iii) accept the resubmitted plan, subject to such conditions as NOPSEMA considers appropriate; or

(iv) accept the resubmitted plan in part, subject to such conditions (if any) as NOPSEMA considers appropriate; or

(c) if NOPSEMA is unable to make a decision on the resubmitted plan within the 30 day period—NOPSEMA must give the titleholder written notice of that fact and a proposed timetable for NOPSEMA’s consideration of the resubmitted plan.

Note: For the purposes of subparagraph (b)(iv), NOPSEMA may accept the plan as applying only to certain well activities or certain stages of well activities.

NOPSEMA decision where titleholder fails to resubmit modified plan

(5) If the titleholder does not resubmit a modified well operations management plan by the day referred to in paragraph (2)(c), or a later day agreed to by NOPSEMA in writing, NOPSEMA must:

(a) refuse to accept the plan that was submitted by the titleholder under section 78 (the unmodified plan); or

(b) accept the unmodified plan, subject to such conditions as NOPSEMA considers appropriate; or

Note: For the purposes of paragraph (c), NOPSEMA may accept the plan as applying only to certain well activities or certain stages of well activities.

Notice of decision

(6) NOPSEMA must give a titleholder written notice of the following decisions made by NOPSEMA in relation to a well operations management plan submitted by the titleholder:

(a) a decision under paragraph (1)(a) or (4)(a) to accept the plan;

(b) a decision under subparagraph (4)(b)(ii) or paragraph (5)(a) to refuse to accept the plan;

(d) a decision under subparagraph (4)(b)(iv) or paragraph (5)(c) to accept the plan in part (including subject to conditions).

(7) The notice must set out:

(a) for a decision mentioned in paragraph (6)(b)—the reasons for the decision; or

(b) for a decision mentioned in paragraph (6)(c) or (d):

(i) the reasons for the decision; and

(ii) the terms of the decision.

Validity of decision

(8) A decision by NOPSEMA under subsection (1) or (4) is not invalid merely because NOPSEMA did not comply with the 30 day period mentioned in subsection (1) or (4).

80 Further information about submitted plan

(1) If a titleholder submits a well operations management plan under section 78, or resubmits a plan in response to a notice under subsection 79(2), NOPSEMA may request the titleholder to provide further written information about any matter that is required under section 82 to be included in a well operations management plan.

(2) The request must:

(a) be in writing; and

(b) set out each matter for which information is requested; and

(3) If a titleholder receives a request and provides the information requested by NOPSEMA within the period specified, or within a longer period agreed to by NOPSEMA in writing, the information is taken to have been included in the submitted or resubmitted well operations management plan.

81 Criteria for acceptance of well operations management plan

For the purposes of section 79, the criteria for acceptance of a well operations management plan for a well are as follows:

(a) that the plan includes all the matters mentioned in subsections 82(3) to (10) (subject to subsection 82(2));

(b) if the plan covers more than one well:

(i) that the risks to the integrity of each well are similar; and

(ii) that the kinds of monitoring processes and control measures that will be implemented for each well are similar;

(i) the nature and scale of the well; and

(ii) the well activities, relating to the well, covered by the plan;

(d) that the plan demonstrates how the risks to the integrity of each well covered by the plan will be reduced to as low as reasonably practicable and an acceptable level;

(e) that the well integrity standards, control measures and acceptance criteria included in the plan are appropriate.

82 Contents of well operations management plan

General requirements

(1) Subject to subsection (2), a well operations management plan must include the matters set out in subsections (3) to (10) for each well covered by the plan.

(2) NOPSEMA may give a titleholder written permission not to include matters in a well operations management plan if those matters are regulated in the title.

Description of well and well activities covered by the plan

(3) A well operations management plan must include:

(a) a description of the well, and the well activities relating to the well, covered by the plan; and

(b) a timetable for carrying out and completing the well activities.

Well integrity risks and risk management processes

(4) A well operations management plan must include:

(a) a description of the management system used to:

(i) identify and assess risks to the integrity of the well; and

(ii) ensure the effectiveness of the proposed control measures that will be in place to ensure that risks to the integrity of the well will be reduced to as low as reasonably practicable throughout the life of the well; and

(b) a description and explanation of the concepts considered in relation to the well and how the concept selected for progression will reduce risks to the integrity of the well to as low as reasonably practicable and an acceptable level; and

(c) a description and explanation of the design, construction, operation and management of the well, and conduct of well activities, showing how risks to the integrity of the well will be reduced to as low as reasonably practicable and an acceptable level.

Well integrity standards, control measures, performance standards and acceptance criteria

(5) A well operations management plan must include the following matters:

(a) a description of the well integrity standards against which the performance of the titleholder in maintaining the integrity of the well is to be measured;

(b) a description of the control measures that will be in place to ensure that risks to the integrity of the well will be reduced to as low as reasonably practicable throughout the life of the well, including periods when the well is not operational but has not been permanently abandoned;

(d) the acceptance criteria that will be used to determine whether the following are being met and maintained:

(i) the well integrity standards mentioned in paragraph (a);

(ii) the performance standards mentioned in paragraph (c).

Monitoring, auditing and assurance processes

(6) A well operations management plan must include a description of the monitoring, audit and well integrity assurance processes that will be implemented to ensure the well integrity standards mentioned in paragraph (5)(a) are being met throughout the life of the well, including periods when the well is not operational but has not been permanently abandoned.

Responsibilities of employees and contractors

(7) A well operations management plan must include:

(a) a description of the roles and responsibilities of employees, contractors and service providers in relation to the integrity of the well; and

(b) a description of the measures that will be used to ensure that employees, contractors and service providers carrying out well activities:

(i) are aware of their responsibilities in relation to the maintenance of the integrity of the well; and

(ii) have appropriate competencies and training.

Matters related to surrender of title

(8) A well operations management plan must include a description of the processes and arrangements that the titleholder will follow if the title is surrendered to ensure:

(a) if the titleholder is a petroleum exploration permittee, a petroleum retention lessee, a petroleum production licensee or an infrastructure licensee—that the titleholder will, to the satisfaction of NOPSEMA:

(i) plug or close off the well; and

(ii) provide for the conservation and protection of the natural resources in the strata intersected by the well; or

(b) if the titleholder is a greenhouse gas assessment permittee, a greenhouse gas holding lessee or a greenhouse gas injection licensee—that the titleholder will, to the satisfaction of the responsible Commonwealth Minister:

(i) plug or close off the well; and

(ii) provide for the conservation and protection of the natural resources in the strata intersected by the well.

Note 1: Under section 270 of the Act, the Joint Authority may consent to the surrender of certain titles only if the titleholder has, to the satisfaction of NOPSEMA, done certain things (including plugging or closing off wells and providing for the conservation and protection of natural resources).

Note 2: Under section 442 of the Act, the responsible Commonwealth Minister may consent to the surrender of a greenhouse gas title only if the titleholder has, to the Minister’s satisfaction, done certain things (including plugging or closing off wells and providing for the conservation and protection of natural resources).

Suspension and permanent abandonment

(9) A well operations management plan must include a description of the arrangements that will be in place for suspension and permanent abandonment of the well, showing the following:

(a) how, during the process of suspending or abandoning the well, risks to the integrity of the well will be reduced to as low as reasonably practicable;

(b) how the actions taken during that process will ensure that the integrity of the well is maintained while the well is suspended or abandoned;

(c) if the titleholder is a petroleum exploration permittee, a petroleum retention lessee or an infrastructure licensee—how the titleholder will, in the process of suspending or abandoning the well:

(i) comply with the applicable requirements under subsection 569(1) of the Act (about work practices) to which the titleholder is subject; and

(ii) satisfy paragraphs 270(3)(d), (e) and (f) of the Act (about consent to surrender a title);

(d) if the titleholder is a petroleum production licensee—how the titleholder will, in the process of suspending or abandoning the well:

(i) comply with the applicable requirements under subsections 569(1) and 570(1) of the Act (about work practices) to which the titleholder is subject; and

(ii) satisfy paragraphs 270(3)(d), (e) and (f) of the Act (about consent to surrender a title);

(e) if the titleholder is a greenhouse gas assessment permittee, a greenhouse gas holding lessee or a greenhouse gas injection licensee—how the titleholder will, in the process of suspending or abandoning the well:

(i) comply with the applicable requirements under subsection 570(1) of the Act (about work practices) to which the titleholder is subject; and

(ii) satisfy paragraphs 442(3)(d), (e) and (f) of the Act (about consent to surrender a title).

Measures and arrangements that will be used if there is a loss of well integrity

(10) A well operations management plan must include a description of the measures and arrangements that will be used to regain control of the well if there is a loss of integrity.

Other matters

(11) A well operations management plan may include any other information that the titleholder believes is relevant.

Division 4—Revision of well operations management plan

83 Revision based on certain circumstances

Revision before start of new well activities

(1) A titleholder must submit to NOPSEMA a proposed revision of the well operations management plan that is in force for a well before carrying out a well activity, in relation to the well, if the plan does not cover the well activity.

Note 1: A titleholder contravenes subsection 76(1) if the titleholder carries out a well activity and there is no well operations management plan in force that covers the well and well activity.

Note 2: A plan may have originally been submitted in part or only accepted in part: see sections 78 and 79.

Revision before significant change to management of well integrity risks

(2) A titleholder contravenes this subsection if:

(a) the titleholder makes a significant change to the manner in which risks to the integrity of a well are reduced to as low as reasonably practicable; and

(b) before making that change, the titleholder did not submit to NOPSEMA a proposed revision of the well operations management plan that is in force for the well that provides for the significant change.

Note: The titleholder must carry out activities in accordance with the well operations management plan in force for the well, unless NOPSEMA has consented to the titleholder carrying out an activity in a particular way: see section 77.

Strict liability offence

(3) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 100 penalty units.

Civil penalty provision

(4) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 1,000 penalty units.

Revision after new risk has arisen

(5) A titleholder contravenes this subsection if:

(a) the integrity of a well in the title area becomes subject to a significant new risk or a significantly increased risk; and

(b) as soon as practicable after the circumstance in paragraph (a) arises, the titleholder does not submit to NOPSEMA a proposed revision of the well operations management plan that is in force for the well that addresses the risk.

Strict liability offence

(6) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (5).

Penalty: 100 penalty units.

Civil penalty provision

(7) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (5).

Civil penalty: 1,000 penalty units.

84 Revision based on directions

Revision if direction is inconsistent with well operations management plan

(1) A titleholder contravenes this subsection if:

(a) either or both of the following apply:

(i) NOPSEMA gives the titleholder a direction under section 574, 576B, 579A, 586 or 591B of the Act that is inconsistent with a well operations management plan for a well in the title area;

(ii) the responsible Commonwealth Minister gives the titleholder a direction under section 586A or 592 of the Act that is inconsistent with a well operations management plan for a well in the title area; and

(b) the titleholder does not, as soon as reasonably practicable after receiving the direction, submit to NOPSEMA a proposed revision of the plan for the purposes of removing the inconsistency.

Note: To be accepted, the proposed revision must be consistent with the direction: see subsection 89(2).

Strict liability offence

(2) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 50 penalty units.

Civil penalty provision

(3) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 500 penalty units.

85 Revision required by NOPSEMA

NOPSEMA may require revision

(1) NOPSEMA may give a titleholder a written notice requiring the titleholder to submit a proposed revision of a well operations management plan that is in force for a well in the title area if NOPSEMA considers that the plan no longer meets the criteria in section 81.

(2) The notice must set out the following:

(a) the matters to be addressed by the revision;

(b) the reasons for requiring the revision;

(d) the effect of section 86.

(3) Subject to section 86, the titleholder must submit the proposed revision of the well operations management plan within the period specified in the notice.

Note: NOPSEMA may vary the notice to specify a longer period under section 86.

Time does not run while objection subject to consideration

(4) If a titleholder gives an objection to NOPSEMA under section 86, a day is not to be counted for the purposes of subsection (3) of this section if it is:

(a) on or after the day the titleholder gave the objection; and

(b) on or before the day on which NOPSEMA decides whether to accept or reject the objection.

Strict liability offence

(5) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (3).

Penalty: 100 penalty units.

Civil penalty provision

(6) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (3).

Civil penalty: 1,000 penalty units.

86 Revision required by NOPSEMA—objection to requirement

(1) If NOPSEMA gives a titleholder a notice under section 85, the titleholder may give an objection, in writing, to NOPSEMA:

(a) stating one or more of the following:

(i) that the revision is not required;

(ii) that the revision should not address the matters set out in the notice or should address different matters;

(iii) that the period within which the titleholder must submit a revision should be a longer period than that specified in the notice; and

(b) giving reasons for the objection.

(2) The titleholder must give the objection to NOPSEMA within:

(a) 21 days after receiving the notice; or

(b) if NOPSEMA, in writing, agrees to a longer period within which the objection must be given—that period.

(3) NOPSEMA must, within 30 days after receiving the objection, decide whether to accept or reject the objection.

(4) NOPSEMA must notify the titleholder, in writing, of the following matters as soon as practicable after making a decision:

(a) the terms of the decision, including:

(i) whether the notice given under section 85 is varied or withdrawn; and

(ii) if that notice is varied—the new requirements;

(b) if the decision is to reject the objection—the reasons for the decision.

87 Revision at end of each 5 year period

(1) A titleholder contravenes this subsection if the titleholder does not submit to NOPSEMA a proposed revision of a well operations management plan that is in force for a well in the title area at least 14 days before the end of the period of 5 years that begins on the later of the following days:

(a) the day NOPSEMA first accepts the plan;

(b) the day NOPSEMA accepts the latest proposed revision of the plan submitted under this section;

(2) For the purposes of paragraph (1)(c), if NOPSEMA accepts a proposed revision of a well operations management plan that was submitted by a titleholder under section 83, 84 or 85, NOPSEMA may, by written notice given to the titleholder, notify the titleholder that the period of 5 years mentioned in subsection (1) begins on the day specified in the notice.

Strict liability offence

(3) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 50 penalty units.

Civil penalty provision

(4) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 500 penalty units.

88 Form of proposed revision

A proposed revision of a well operations management plan must:

(a) be in the form of a revised well operations management plan; or

(b) if the titleholder and NOPSEMA agree—be in the form of a revised part of a well operations management plan.

89 Application of Division 3 to revised well operations management plan

(1) If a titleholder is required to submit a proposed revision of a well operations management plan to NOPSEMA under this Division, sections 79, 80, 81 and 82 apply to the proposed revision as if:

(a) a reference in those sections to submitting, accepting or refusing to accept a well operations management plan were a reference to submitting, accepting or refusing to accept the proposed revision; and

(b) any other reference in those sections to the well operations management plan were a reference to the plan as revised by the proposed revision.

Note: Sections 79, 80, 81 and 82 deal with the consideration and acceptance of a well operations management plan.

(2) If the proposed revision is required under section 84, section 81 applies as if a criterion for the acceptance of the proposed revision is that the proposed revision is consistent with the direction mentioned in section 84.

Note: Section 84 requires a titleholder to submit a proposed revision of a well operations management plan if NOPSEMA or the responsible Commonwealth Minister gives the titleholder a direction which is inconsistent with the plan.

90 Effect of non‑acceptance of proposed revision

If a proposed revision of a well operations management plan is not accepted by NOPSEMA, the plan that was in force before the proposed revision was submitted remains in force, subject to the Act and this Part, as if the revision had not been proposed.

Division 5—Withdrawal of acceptance of well operations management plan

91 Withdrawal of acceptance

NOPSEMA may withdraw its acceptance of a titleholder’s well operations management plan if:

(a) the titleholder has not complied with any of the following:

(i) a provision of the Act;

(ii) a provision of this instrument;

(iii) a direction given to the titleholder under section 574, 576B, 579A, 586, 586A, 591B or 592 of the Act;

(iv) a requirement of the well operations management plan;

(v) a condition to which NOPSEMA’s acceptance of the plan was made subject under section 79; or

(b) NOPSEMA is satisfied for any other reason that its acceptance of the well operations management plan should be withdrawn.

92 Notice of proposal to withdraw acceptance

(1) NOPSEMA must not withdraw its acceptance of a titleholder’s well operations management plan under section 91 unless NOPSEMA:

(a) has notified the titleholder in writing that NOPSEMA is proposing to withdraw the acceptance; and

(b) has included in the notice:

(i) the reasons for the proposed withdrawal; and

(ii) a day by which the titleholder must give any submissions to NOPSEMA in relation to the proposed withdrawal; and

(iii) any other information that NOPSEMA considers appropriate; and

(2) The day specified under subparagraph (1)(b)(ii) must be at least 30 days after the day the notice is given.

(3) NOPSEMA may give a copy of the notice to a person other than the titleholder if NOPSEMA considers it appropriate.

93 Decision on proposal to withdraw acceptance

(1) If NOPSEMA notifies a titleholder under subsection 92(1), NOPSEMA must, as soon as practicable after the day specified in the notice:

(a) decide to withdraw its acceptance of the well operations management plan under section 91; or

(b) decide not to withdraw its acceptance.

(2) As soon as practicable after making a decision under subsection (1), NOPSEMA must notify the titleholder, in writing, of:

(a) the decision; and

(b) if the decision is to withdraw its acceptance of the well operations management plan—the reasons for the decision.

94 Withdrawal does not affect well that is not operational

A decision by NOPSEMA to withdraw its acceptance of a well operations management plan has no effect in relation to a well that is not operational at the time of the decision, to the extent that the plan deals with the period that the well is not operational.

Note: For the purposes of this instrument, a titleholder is taken to be carrying out a well activity in relation to a well if the well is not operational (but not permanently abandoned): see section 75.

95 Relationship between withdrawal and other provisions

(1) NOPSEMA may withdraw its acceptance of a well operations management plan for the titleholder, even if either or both of the following apply:

(a) the titleholder has been convicted of an offence because of a failure to comply with a provision of the Act, this instrument or any other regulations made under the Act;

(b) the titleholder has been found liable to a civil penalty because of a failure to comply with a provision of the Act, this instrument or any other regulations made under the Act.

(2) If NOPSEMA withdraws its acceptance of a well operations management plan, the withdrawal does not prevent either or both of the following:

(a) the titleholder being convicted of an offence because of a failure to comply with a provision of the Act, this instrument or any other regulations made under the Act;

(b) the titleholder being found liable to a civil penalty because of a failure to comply with a provision of the Act, this instrument or any other regulations made under the Act.

Division 6—Annual well integrity reports and information about particular well activities

96 Annual well integrity report

(1) This section applies to a titleholder if there is a well operations management plan that is in force for a well in the title area at the end of any of the following periods:

(a) the period of 12 months beginning on the day that NOPSEMA accepted the plan under section 79;

(b) each subsequent period of 12 months.

(2) The titleholder must submit a written report (an annual well integrity report) for the 12 month period, that includes the information specified in subsection (3), within 14 days after the end of the period.

(3) For the purposes of subsection (2), the annual well integrity report must include the following information for each well covered by the well operations management plan:

(a) the operational status of the well during the period;

(b) a summary of the well integrity tests conducted for the well during the period and the results of those tests;

(d) if the well did not meet the performance standards in the plan at any time during the period—the date when the well ceased meeting those standards and either:

(i) if the well resumed meeting those standards during the period—the date when the well resumed meeting those standards and a description of the control measures that have been implemented for the well; or

(ii) if the well did not resume meeting those standards during the period—an estimate of when the well will resume meeting those standards and a description of any temporary control measures that will be implemented for the well until those standards, or revised performance standards, are met.

Note 1: A well operations management plan must include a description of the performance standards for the control measures that ensure that risks to the integrity of the well will be reduced to as low as reasonably practicable throughout the life of the well: see subsection 82(5).

Note 2: In the circumstances mentioned in subparagraph (3)(d)(ii) of this section, a titleholder may be required to submit a revised well operations management plan: see section 83.

Strict liability offence

(4) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 60 penalty units.

Civil penalty provision

(5) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 600 penalty units.

97 Well activities for which advance notice is required

Activities that require 21 days notice

(1) A titleholder contravenes this subsection if:

(a) the titleholder starts carrying out any of the following well activities:

(i) a well activity that involves drilling formation;

(ii) a well activity that involves running tubular goods into a well or recovering tubular goods from a well;

(iii) a well activity that involves removing a Christmas tree, tubing spool, casing spool or casing head from a well;

(iv) a well activity that involves installing a Christmas tree saver for use with downhole operations or well testing;

(v) a well activity that changes the performance standards or barrier elements used to maintain the integrity of a well; and

(b) the titleholder did not notify NOPSEMA, in accordance with subsection (3), of the proposal to carry out the well activity at least:

(i) 21 days before the start of the well activity; or

(ii) a lesser number of days before the start of the well activity as agreed to by NOPSEMA.

Activities requiring notice at any time before start of activity

(2) A titleholder contravenes this subsection if:

(a) the titleholder starts carrying out any of the following well activities:

(i) a well activity, not covered by subsection (1), that involves perforation or tubing punching;

(ii) a well activity, not covered by subsection (1), that involves installing, removing or locking open a downhole safety valve, storm choke valve, gas‑lift valve or injection valve;

(iii) a well activity, not covered by subsection (1), that involves installing a Christmas tree saver for use during maintenance work on Christmas tree components; and

(b) before starting to carry out the activity, the titleholder did not notify NOPSEMA, in accordance with subsection (3), of the proposal to carry out the activity.

Form of notice

(3) For the purposes of subsections (1) and (2), notice of a well activity must be in writing and include the following information:

(a) information that identifies the well operations management plan for the well;

(b) a description of the well, including the proposed or existing well name and number, the location of the well and the water depth at that location;

(d) the name of the operator of the facility;

(e) a description of the well activity, including the objective, key elements, milestones and programmed depths;

(f) a list of any documents that have been prepared for the management, control or operation of the well activity;

(g) the timetable for carrying out and completing the well activity.

NOPSEMA may request further information

(4) If a titleholder notifies NOPSEMA of a well activity, NOPSEMA may request the titleholder to provide further specified written information about the well activity.

(5) The request must be in writing and state:

(a) that, if the titleholder has not begun the well activity, the well activity must not begin until the written information has been provided to NOPSEMA; and

(b) that, if the titleholder has begun the well activity, the written information must be provided to NOPSEMA within a specified reasonable period.

Strict liability offence

(6) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (1) or (2).

Penalty: 50 penalty units.

Civil penalty provision

(7) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (1) or (2).

Civil penalty: 500 penalty units.

98 Updating information given about a well activity

(1) A titleholder contravenes this subsection if:

(a) the titleholder notifies NOPSEMA under section 97 about a proposal to carry out a well activity; and

(b) at a time (the trigger time) before the titleholder starts carrying out the well activity, the information in the notice is no longer accurate, in relation to a matter, in a material respect; and

(i) as soon as practicable after the trigger time; and

(ii) at a time that provides NOPSEMA with a reasonable opportunity to consider the information before the commencement of the activity.

(2) Subsection (1) does not apply if the reason why the information is no longer accurate is because the integrity of the well is subject to a significant new risk or a significantly increased risk.

Note: A significant new risk or a significantly increased risk requires a revision of the well operations management plan for the well: see subsection 83(5).

Strict liability offence

(3) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 50 penalty units.

Civil penalty provision

(4) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 500 penalty units.

99 Completion of notified well activity

Notice of completion of notified well activity

(1) A titleholder contravenes this subsection if:

(a) the titleholder was required to notify NOPSEMA of the proposal to carry out a well activity under section 97; and

(b) the titleholder completes the well activity; and

(i) in writing; and

(ii) within 10 days of the completion.

Change to design, construction or operation of well

(2) A titleholder contravenes this subsection if:

(a) the titleholder was required to notify NOPSEMA of the proposal to carry out a well activity under section 97; and

(b) the titleholder completes the well activity; and

(d) the titleholder does not give NOPSEMA a written description of the change, in writing, within 30 days of the completion.

Strict liability offence

(3) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (1) or (2).

Penalty: 50 penalty units.

Civil penalty provision

(4) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (1) or (2).

Civil penalty: 500 penalty units.

Division 7—Reportable incidents

100 Meaning of reportable incident

A reportable incident, in relation to a well in a title area, means any of the following:

(a) a loss of integrity of the well, including a well kick, resulting in a release of more than:

(i) 1 kilogram of gas; or

(ii) 80 litres of liquid;

(b) a failure of hydrostatic pressure at the well as a primary barrier, leading to:

(i) a build‑up of pressure or a positive flow check; and

(ii) the operation of a blow‑out prevention or diversion system;

(d) damage to, or failure of, well‑related equipment that is used to monitor or verify the integrity of the well;

(e) any other unplanned occurrence that requires the titleholder to implement measures or arrangements to regain control of the well.

101 Requirement to notify NOPSEMA about reportable incident

(1) A titleholder contravenes this subsection if:

(a) a reportable incident occurs in relation to a well in the title area; and

(b) the titleholder does not give notice of the incident to NOPSEMA in accordance with subsection (2).

(2) The notice must:

(a) be given to NOPSEMA as soon as practicable after the titleholder becomes aware of the first occurrence of the reportable incident; and

(b) be given in the form (if any) and manner (if any) approved, in writing, by the Chief Executive Officer of NOPSEMA; and

(i) all material facts and circumstances concerning the incident that the titleholder knows or is able, by reasonable search or inquiry, to find out; and

(ii) a description of any action taken, or proposed to be taken, to stop, control or remedy the incident.

(3) NOPSEMA must publish on NOPSEMA’s website:

(a) a form approved by the Chief Executive Officer of NOPSEMA for the purposes of paragraph (2)(b); and

(b) a copy of an instrument, made by the Chief Executive Officer of NOPSEMA, approving a manner for the purposes of paragraph (2)(b).

Strict liability offence

(4) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 100 penalty units.

Civil penalty provision

(5) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 1,000 penalty units.

102 Requirement to provide written report about reportable incident

(1) A titleholder contravenes this subsection if:

(a) a reportable incident occurs in relation to a well in the title area; and

(b) the titleholder does not give a written report about the incident to NOPSEMA in accordance with subsection (2).

(2) The report:

(a) must be given to NOPSEMA within:

(i) 3 days after the time the titleholder becomes aware of the incident; or

(ii) if NOPSEMA agrees to a longer period within which the report must be provided—that period; and

(b) must include:

(i) all material facts and circumstances concerning the incident that the titleholder knows or is able, by reasonable search or enquiry, to find out; and

(ii) details of any action taken, or proposed to be taken, to stop, control or remedy the incident; and

(iii) details of any action taken, or proposed to be taken, to prevent a similar incident occurring in the future.

Strict liability offence

(3) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 100 penalty units.

Civil penalty provision

(4) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 1,000 penalty units.

103 Requirement for ongoing reporting after reportable incident

Scope

(1) This section applies if:

(a) a titleholder has given NOPSEMA a written report (the initial report) under section 102 about a reportable incident in relation to a well; and

(b) at the time that the initial report was given to NOPSEMA, the reportable incident had not been resolved.

Reporting requirement

(2) The titleholder must, in accordance with subsection (3), give NOPSEMA a written report for each reporting period mentioned in subsection (4).

(3) A report for a reporting period:

(a) must be given to NOPSEMA within:

(i) 3 days after the end of the reporting period; or

(ii) if NOPSEMA agrees, in writing, to a longer period within which the report must be provided—that period; and

(b) must include:

(i) all material facts and circumstances concerning the incident that the titleholder knows or is able, by reasonable search or enquiry, to find out; and

(ii) details of any action taken, or proposed to be taken, to stop, control or remedy the incident; and

(iii) details of any action taken, or proposed to be taken, to prevent a similar incident occurring in the future; and

(iv) details of any temporary control measures taken to minimise risks to well integrity to as low as practicable; and

(v) an estimate of when the control measures set out in the well operations management plan for the well will be reinstated.

Reporting periods

(4) For the purposes of this section, each of the following is a reporting period:

(a) the period of 30 days starting on the day the initial report is given to NOPSEMA;

(b) each subsequent 30 day period, if the period includes at least one day, or part of a day, on which the reportable incident had not been resolved.

Strict liability offence

(5) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 100 penalty units.

Civil penalty provision

(6) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 1,000 penalty units.

104 Titleholder must retain copy of report

(1) A titleholder must retain a copy of a written report given to NOPSEMA under section 102 or 103 for a period of 5 years after the report is given to NOPSEMA.

Strict liability offence

(2) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 30 penalty units.

Civil penalty provision

(3) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 300 penalty units.

Division 8—Role of Titles Administrator

105 Titleholder must give copies of documents to Titles Administrator

Requirement

(1) If a titleholder gives a written document (however described) to NOPSEMA in compliance with this Part or a well operations management plan, the titleholder must, at the same time or as soon as practicable afterwards, also give a copy of the document to the Titles Administrator.

Strict liability offence

(2) A titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 30 penalty units.

Civil penalty provision

(3) A titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 300 penalty units.

106 NOPSEMA must give copies of documents to Titles Administrator

If NOPSEMA gives a written document (however described) to a titleholder under this Part, NOPSEMA must also give a copy of the document to the Titles Administrator.

Division 9—Application of this Part if a remedial direction is in force

107 Application of this Part if a remedial direction is in force

(1) Subject to subsection (2), if:

(a) a direction (a petroleum remedial direction) is in force under section 586, 586A, 587 or 587A of the Act; or

(b) a direction (a greenhouse gas remedial direction) is in force under section 591B, 592, 594A or 595 of the Act;

then this Part applies as if:

(c) a reference to a titleholder included a reference to a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction; and

(d) a reference to a well activity included a reference to an activity relating to a well carried out for the purpose of complying with a petroleum remedial direction or a greenhouse gas remedial direction; and

(e) if a title has ceased to be in force—a reference to a title area included a reference to the area in which activities are being carried out for the purposes of complying with a petroleum remedial direction or a greenhouse gas remedial direction.

(2) Despite subsection (1), this section does not apply to the following provisions of this Part:

(a) subsection 71(1);

(b) the definition of well activity in section 72;

Part 6—Authorisation of petroleum titleholders to conduct greenhouse gas exploration

108 Simplified outline of this Part

Certain petroleum titleholders must notify the responsible Commonwealth Minister within 7 days of the commencement of an authorised activity. A titleholder may commit an offence or be liable to a civil penalty if the titleholder does not comply with this requirement.

This Part authorises those petroleum titleholders to carry out the following authorised activities:

(a) explore for potential greenhouse gas storage formations;

(b) explore for potential greenhouse gas injection sites;

Offences and civil penalties apply in relation to contravening the requirements of this Part.

109 Application of Part

This Part applies to the following petroleum titleholders:

(a) a petroleum exploration permittee;

(b) a petroleum retention lessee;

110 Requirement to notify responsible Commonwealth Minister of authorised activity

Requirement

(1) A petroleum titleholder contravenes this subsection if:

(a) the titleholder starts carrying out an authorised activity in the title area; and

(b) the titleholder does not notify the responsible Commonwealth Minister of that fact, in writing, within 7 days after the day on which the titleholder started carrying out the activity.

Strict liability offence

(2) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 50 penalty units.

Civil penalty provision

(3) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 500 penalty units.

111 Authorised activities—petroleum exploration permittee

For the purposes of subsection 98(3) of the Act, a petroleum exploration permittee is authorised, in accordance with the conditions (if any) to which the permit is subject:

(a) to explore in the permit area for a potential greenhouse gas storage formation; and

(b) to explore in the permit area for a potential greenhouse gas injection site; and

112 Authorised activities—petroleum retention lessee

For the purposes of subsection 135(3) of the Act, a petroleum retention lessee is authorised, in accordance with the conditions (if any) to which the lease is subject:

(a) to explore in the lease area for a potential greenhouse gas storage formation; and

(b) to explore in the lease area for a potential greenhouse gas injection site; and

113 Authorised activities—petroleum production licensee

For the purposes of subsection 161(3) of the Act, a petroleum production licensee is authorised, in accordance with the conditions (if any) to which the licence is subject:

(a) to explore in the licence area for a potential greenhouse gas storage formation; and

(b) to explore in the licence area for a potential greenhouse gas injection site; and

Part 7—Data management—petroleum titleholders

Division 1—Preliminary

114 Simplified outline of this Part

This Part sets out requirements:

(a) for and in relation to petroleum titleholders keeping accounts, records and other documents in connection with operations in an offshore area; and

(b) for and in relation to petroleum titleholders collecting and retaining cores, cuttings and samples in connection with operations in an offshore area; and

Offences and civil penalties apply in relation to contravening the requirements of this Part.

Division 2—Requirements for keeping information

115 Purpose of Division

This Division is made for the purposes of paragraph 698(1)(a) of the Act, and sets out requirements for and in relation to petroleum titleholders keeping accounts, records and other documents in connection with operations in an offshore area.

116 Requirement to securely retain information

(1) A petroleum titleholder must:

(a) securely retain any accounts, records or other documents that the titleholder keeps in connection with an operation in an offshore area; and

(b) do so in such a way that makes retrieval of the accounts, records or other documents reasonably practicable.

Strict liability offence

(2) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 40 penalty units.

Civil penalty provision

(3) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 400 penalty units.

Division 3—Requirements for collection and retention of cores, cuttings and samples

Subdivision A—Preliminary

117 Purpose of Division

This Division is made for the purposes of paragraphs 698(1)(b) and (c) of the Act, and sets out requirements for and in relation to petroleum titleholders:

(a) collecting and retaining cores, cuttings and samples in connection with operations in an offshore area; and

(b) if cores, cutting or samples are sent outside Australia—giving certain reports, cores, cuttings or samples to the Titles Administrator.

Subdivision B—General requirements

118 Requirement to retain core, cutting or sample

(1) A petroleum titleholder must:

(a) securely retain any core, cutting or sample that the titleholder collects in connection with an operation in an offshore area; and

(b) do so in such a way that makes retrieval of the core, cutting or sample reasonably practicable.

Strict liability offence

(2) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 40 penalty units.

Civil penalty provision

(3) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 400 penalty units.

119 General requirement to retain core, cutting or sample in Australia

Core, cutting or sample must generally be kept in Australia

(1) A petroleum titleholder must retain a core, cutting or sample in Australia if:

(a) the titleholder undertakes an operation in an offshore area; and

(b) the titleholder collects the core, cutting or sample in connection with the operation.

Exception

(2) Subsection (1) does not apply to a petroleum titleholder if:

(a) the core, cutting or sample is taken or sent outside Australia by, or on behalf of, the petroleum titleholder; and

(b) the titleholder gives a written notice to the Titles Administrator in accordance with subsection (3).

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

(3) For the purposes of paragraph (2)(b), the notice must:

(a) be given to the Titles Administrator before the end of the day that is immediately after the day that the core, cutting or sample was taken or sent out of Australia; and

(b) state that the titleholder has taken or sent, or will take or send, the core, cutting or sample out of Australia; and

(d) describe what analysis will be conducted on the core, cutting or sample; and

(e) state whether the analysis will involve the destruction of the core, cutting or sample or a part of the core, cutting or sample.

Strict liability offence

(4) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 40 penalty units.

Civil penalty provision

(5) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 400 penalty units.

Titles Administrator may request return of core, cutting or sample

(6) If:

(a) a core, cutting or sample is taken outside Australia by, or on behalf of, a petroleum titleholder; and

(b) the titleholder does not give the Titles Administrator a written notice in accordance with subsection (3);

the Titles Administrator may, in writing, request that the titleholder ensure that the core, cutting or sample is returned to Australia within a reasonable period specified in the request.

(7) The titleholder must comply with the request.

Strict liability offence

(8) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (7).

Penalty: 40 penalty units.

Civil penalty provision

(9) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (7).

Civil penalty: 400 penalty units.

Subdivision C—Requirements in relation to cores, cuttings or samples taken or sent outside Australia

120 Requirement to return core, cutting or sample to Australia

Scope

(1) This section applies if:

(a) a petroleum titleholder undertakes an operation in an offshore area; and

(b) the titleholder collects a core, cutting or sample in connection with the operation; and

(c) the core, cutting or sample is taken or sent by the titleholder, or on behalf of the titleholder, for analysis outside Australia.

Requirement

(2) The petroleum titleholder must ensure that the core, cutting or sample that remains after the analysis is completed is returned to Australia within:

(a) if the titleholder gave written notice to the Titles Administrator in accordance with subsection 119(3) in relation to the core, cutting or sample:

(i) 12 months after the day that the titleholder gave the notice; or

(ii) if the Titles Administrator agrees, in writing, to another period—that other period; or

(b) otherwise—within 12 months of the day that the core, cutting or sample was taken or sent outside Australia.

Exception

(3) Subsection (2) does not apply to a petroleum titleholder if the core, cutting or sample is destroyed as part of the analysis of the core, cutting or sample.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Strict liability offence

(4) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 40 penalty units.

Civil penalty provision

(5) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 400 penalty units.

121 Requirement to provide report about analysis of core, cutting or sample conducted overseas

Scope

(1) This section applies if:

(a) a petroleum titleholder collects a core, cutting or sample in connection with an operation in an offshore area; and

(b) the core, cutting or sample is taken or sent by the titleholder, or on behalf of the titleholder, for analysis outside Australia.

Requirement to provide analysis report

(2) The titleholder must give the Titles Administrator a report (an analysis report) that includes the information specified in subsection (3) within:

(a) if the titleholder notified the Titles Administrator in accordance with subsection 119(3) in relation to the core, cutting or sample:

(i) 12 months after the day that the titleholder gave the notice; or

(ii) if the Titles Administrator agrees, in writing, to another period—that other period; or

(b) otherwise—12 months after the day that the core, cutting or sample was taken or sent outside Australia.

(3) For the purposes of subsection (2), an analysis report must include the following information:

(a) a summary of the analysis undertaken on the core, cutting or sample;

(b) all raw data produced from the analysis, including all raw data in relation to slides, thin sections or residues produced;

Strict liability offence

(4) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 50 penalty units.

Civil penalty provision

(5) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 500 penalty units.

122 Requirement to provide certain samples produced from overseas analysis

Scope

(1) This section applies if:

(a) a petroleum titleholder collects a core, cutting or sample (the principal core, cutting or sample) in connection with an operation in an offshore area; and

(b) the principal core, cutting or sample is taken or sent by the titleholder, or on behalf of the titleholder, for analysis outside Australia; and

(c) any of the following samples (each of which is a secondary sample) are produced as a result of the analysis of the principal core, cutting or sample:

(i) a palynological slide, residue or thin section;

(ii) any paleontological material;

(iii) a petrological slide or thin section.

Note: See section 136 for requirements in relation to the giving of certain cores, cuttings and samples.

Requirement

(2) The petroleum titleholder must give each secondary sample produced to the Titles Administrator:

(a) if the titleholder gave written notice to the Titles Administrator in accordance with subsection 119(3) in relation to the principal core, cutting or sample:

(i) 12 months after the day that the titleholder gave the notice; or

(ii) if the Titles Administrator agrees, in writing, to another period—that other period; or

(b) otherwise—12 months after the day that the principal core, cutting or sample was taken or sent outside Australia.

Strict liability offence

(3) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 60 penalty units.

Civil penalty provision

(4) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 600 penalty units.

Division 4—Requirements for giving reports, data and samples

Subdivision A—Preliminary

123 Purpose of Division

This Division is made for the purposes of paragraph 698(1)(c) of the Act, and sets out requirements for petroleum titleholders to give reports, other documents, cores, cuttings or samples to the Titles Administrator.

Subdivision B—Reports about drilling wells

124 Requirement for daily drilling report

(1) A petroleum titleholder who undertakes drilling operations in the title area on a day (an operation day) must give the Titles Administrator a report (a daily drilling report) that includes the information specified in subsection (2) by midday on the first business day after the operation day.

(2) For the purposes of subsection (1), a daily drilling report must include the following information:

(a) the name of the well or borehole associated with the drilling operations;

(b) the date of the operation day to which the report relates;

(d) the title in which the well is located;

(e) the water depth at the well;

(f) the drilled depth of the well;

(g) the name of the rig drilling the well;

(h) the spud date of the well;

(i) what is being used as the depth reference for the well (for example, the rotary table or the rig floor);

(j) the bit diameter and size, in either inches or centimetres, that is being used in the drilling operations;

(k) the casing diameter and size, in either inches or centimetres;

(l) the mud type and weight;

(m) a description of the work carried out on the operation day;

(n) a summary of the materials used on the operation day;

(o) details of drilling fluid losses on the operation day;

(p) a leak off test summary;

(q) the geometry of the well bore;

(r) the estimated daily and cumulative well costs.

Strict liability offence

(3) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 50 penalty units.

Civil penalty provision

(4) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 500 penalty units.

125 Requirement for daily geological report

(1) If a petroleum titleholder:

(a) undertakes drilling operations in the title area on a day (an operation day); and

(b) generates or obtains geological information on the operation day in relation to the drilling operations;

the titleholder must give the Titles Administrator a daily geological report by midday on the first business day after the operation day.

Strict liability offence

(2) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 50 penalty units.

Civil penalty provision

(3) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 500 penalty units.

Definitions

(4) In this section:

daily geological report means a report that includes the following information:

(a) all geological information generated or obtained on the operation day;

(b) the name of the well or borehole associated with the drilling operations;

(d) the title in which the well is located;

(e) the purpose of the well (for example, development, appraisal or exploration);

(f) a description of the work carried out on the operation day;

(g) the water depth at the well;

(h) the drilled depth of the well;

(i) any other information the titleholder considers relevant.

geological information means any of the following:

(a) information about the lithology of formations penetrated;

(b) details of any indication of hydrocarbons encountered;

(d) the estimated depth of the formation or reservoir top or tops;

(e) if the formation or reservoir has been encountered on or before the operation day—the actual depth of the formation or reservoir top or tops;

(f) the estimated or measured formation or reservoir pressure;

(g) information about any testing conducted on the operation day, including a description of the equipment used to conduct the testing;

(h) information about any surveys conducted on the operation day;

(i) information about any samples collected on the operation day.

126 Requirement for initial well completion report and data

Scope

(1) This section applies if a petroleum titleholder undertakes drilling operations in the title area.

Requirement

(2) The petroleum titleholder must give the Titles Administrator a report (an initial well completion report), that includes the information specified in the table in subsection (6), and all initial well completion data within:

(a) 12 months after the rig release date; or

(b) if the Titles Administrator agrees, in writing, to another period—within that other period.

Strict liability offence

(3) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 50 penalty units.

Civil penalty provision

(4) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 500 penalty units.

Initial well completion data

(5) For the purposes of this section, initial well completion data means each of the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:

(a) raw data, edited field data and processed data for all wireline logs, measurements while drilling (MWD) logs or logging while drilling (LWD) logs;

(b) log displays;

(d) mudlogging data;

(e) mudlog display;

(f) data from velocity surveys (if generated) including:

(i) raw data; and

(ii) processed data; and

(iii) checkshot and time/depth analysis;

(g) velocity survey displays;

(h) photography of the core and sidewall core, in both natural and UV light.

(6) For the purposes of subsection (2), an initial well completion report must include the information specified in the following table.

Information for initial well completion reports
Item	Information required
1	The name of the well associated with the drilling operations
2	The title in which the well is located
3	The location of the well, in the form of: (a) latitude and longitude; and (b) map sheet name and graticular block number; and (c) seismic line location and shotpoint number; and (d) geographic coordinates and the related datum used in reference to the coordinates
4	If a sidetrack is drilled—the name of the parent well
5	The names of the rig contractor and rig operator
6	The name of the rig drilling the well
7	The rig’s make and model
8	The names of the contractors for: (a) cementing; and (b) wireline logging; and (c) measurements while drilling (MWD); and (d) logging while drilling (LWD); and (e) mudlogging
9	The purpose of the well
10	Names of measurements while drilling (MWD) and logging while drilling (LWD) tools used
11	List of log runs for wireline logging and velocity surveys
12	Raw pressure‑time listings for any formation fluid sample tests and production tests
13	Either: (a) the spud date; or (b) if the well is a sidetrack—the kick off date
14	The rig release date
15	What is being used as the depth reference for the well (for example, the rotary table or the rig floor)
16	The height of the depth reference above sea level
17	The water depth at the well
18	The measured depth of the well
19	The true vertical depth of the well
20	If applicable, the depth of perforation in the petroleum reservoir
21	The date on which the total depth was reached
22	If the well is deviated or horizontal: (a) the surveyed path of the well, including the geographic coordinates of the path and the related datum used in reference to the coordinates; and (b) the geographic coordinates of the bottom of the well bore; and (c) if applicable, the geographic coordinates and true vertical depth of the intersection of the well with the storage formation
23	Particulars of equipment and casing installed on or in the well, including schematics as built or executed
24	If applicable, information on cementing operations and schematics of permanent abandonment
25	Bit records
26	Drilling fluids used in the drilling operations
27	Details of drilling fluid losses during the drilling operations
28	The results of a check survey of the location of: (a) for a subsea well—the wellhead; or (b) in any other case—the top of the casing supporting the blow‑out preventer
29	The outcome of the well operation (for example, completion of the well as a producer, suspension or permanent abandonment)
30	List of cores, cuttings and samples collected, and their depths and intervals
31	List of hydrocarbon and water samples collected
32	As an appendix to the report, all daily drilling reports given to the Titles Administrator under section 124 in relation to the well
33	As an appendix to the report, any end of well reports provided to the titleholder by a contractor in relation to the well
34	As an appendix to the report, all daily geological reports given to the Titles Administrator under section 125 in relation to the well, with the following information removed or redacted from the daily geological reports: (a) the actual depth of the formation or reservoir top or tops; (b) the estimated or measured formation or reservoir pressure
35	Well test reporting and associated digital data

127 Requirement for final well completion report and data

Scope

(1) This section applies if a petroleum titleholder undertakes drilling operations in the title area.

Requirement

(2) The petroleum titleholder must give the Titles Administrator a report (a final well completion report), that includes the information specified in the table in subsection (6), and all final well completion data within:

(a) 18 months after the rig release date; or

(b) if the Titles Administrator agrees, in writing, to another period—that other period.

Strict liability offence

(3) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 50 penalty units.

Civil penalty provision

(4) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 500 penalty units.

Final well completion data

(5) For the purposes of this section, final well completion data means each of the following types of data presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:

(a) interpretative log analysis;

(b) composite well log;

(d) petrophysical, geochemical or other sample analyses.

(6) For the purposes of subsection (2), a final well completion report must include the information specified in the following table.

Information for final well completion reports
Item	Information required
1	The name of the well associated with the drilling operations
2	The title in which the well is located
3	The location of the well, in the form of: (a) latitude and longitude; and (b) map sheet name and graticular block number; and (c) seismic line location and shotpoint number; and (d) geographic coordinates and the related datum used in reference to the coordinates
4	If a sidetrack is drilled—the name of the parent well
5	The names of the rig contractor and rig operator
6	The name of the rig drilling the well
7	The rig’s make and model
8	The names of the contractors for: (a) cementing; and (b) wireline logging; and (c) measurements while drilling (MWD); and (d) logging while drilling (LWD); and (e) mudlogging
9	The purpose of the well
10	Names of measurements while drilling (MWD) and logging while drilling (LWD) tools used
11	List of log runs for wireline logging and velocity surveys
12	Raw pressure‑time listings for any formation fluid sample tests and production tests
13	Either: (a) the spud date of the well; or (b) if the well is a sidetrack—the kick off date of the sidetrack
14	The rig release date
15	What is being used as the depth reference for the well (for example, the rotary table or the rig floor)
16	The height of the depth reference above sea level
17	The water depth at the well
18	The measured depth of the well
19	The true vertical depth of the well
20	If applicable, the depth of perforation in the petroleum reservoir
21	The date on which the total depth was reached
22	If the well is deviated or horizontal: (a) the surveyed path of the well, including the geographic coordinates of the path and the related datum used in reference to the coordinates; and (b) the geographic coordinates of the bottom of the well bore; and (c) if applicable, the geographic coordinates and true vertical depth of the intersection of the well with the storage formation
23	Particulars of equipment and casing installed on or in the well, including schematics as built or executed
24	If applicable, information on cementing operations and schematics of permanent abandonment
25	Bit records
26	Drilling fluids used in the drilling operations
27	Details of drilling fluid losses during the drilling operations
28	The results of a check survey of the location of: (a) for a subsea well—the wellhead; or (b) in any other case—the top of the casing supporting the blow‑out preventer
29	List of cores, cuttings and samples collected, and their depths and intervals
30	The outcome of the well operation (for example, completion of the well as a producing well, suspension or permanent abandonment of the well)
31	Details of any hydrocarbon indications
32	The measured depth and true vertical depth of marker horizons or formation tops
33	Geological interpretations of the observations made as a result of drilling the well, including: (a) lithology; and (b) stratigraphy; and (c) reservoir properties and quality; and (d) geochemistry of source rocks (if available); and (e) environment of deposition (if available)
34	Wireline formation test results
35	Production test results
36	Core analysis
37	If the well is an exploration well—the relevance of the observations and interpretations to the evaluation of the hydrocarbon potential of the area
38	Any conclusions or interpretations drawn from analysis of the final well completion data
39	As an appendix to the report, any end of well reports provided to the titleholder by a contractor in relation to the well, that have not otherwise been provided to the Titles Administrator

Subdivision C—Reports about geophysical and geological surveys

128 Requirement for weekly survey report

Scope

(1) This section applies if a petroleum titleholder conducts a geophysical or geological survey in the title area.

Requirement

(2) The petroleum titleholder must give the Titles Administrator a report (a weekly survey report), that includes the information specified in subsection (3), as soon as practicable after the end of each week of the survey.

(3) For the purposes of subsection (2), a weekly survey report must include the following information:

(a) the name of the survey;

(b) the title under which the survey is being conducted;

(d) if a contractor is conducting the survey for or on behalf of the titleholder—the name of the contractor;

(e) if a vessel or aircraft was used to conduct the survey or part of the survey during the week—the name of the vessel or aircraft;

(f) if the survey was wholly or partly conducted using another means during the week—a description of how the survey or part of the survey was conducted;

(g) a georeferenced map showing where the survey was conducted during the week;

(h) the number of kilometres or square kilometres for which data was acquired during the week;

(i) the number of points at which data was acquired during the week;

(j) the number of lines of data acquired during the week;

(k) the amount of downtime during the week due to equipment problems, bad weather or other circumstances;

(l) the percentage of the survey completed at the end of the week.

Note: Notice of a geophysical or geological survey is required under section 226. There must also be an environment plan that is in force for the survey: see Part 4 of the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023.

Strict liability offence

(4) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 50 penalty units.

Civil penalty provision

(5) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 500 penalty units.

Week of the survey

(6) For the purposes of this section, week of the survey means:

(a) the week starting on the first day of data acquisition; and

(b) each subsequent week.

129 Requirement for survey acquisition report and data

Scope

(1) This section applies if a petroleum titleholder conducts a geophysical or geological survey in the title area.

Requirement

(2) The petroleum titleholder must give the Titles Administrator a report (a survey acquisition report), that includes the information specified in subsection (3), and all survey acquisition data for the survey within:

(a) 18 months after the day that the acquisition of the data is completed; or

(b) if the Titles Administrator agrees, in writing, to another period—that other period.

(3) For the purposes of subsection (2), a survey acquisition report must include the following information:

(a) the name of the survey conducted;

(b) the title under which the survey was conducted;

(d) the name of the contractor that conducted the survey;

(e) if a vessel or aircraft was used to conduct the survey or part of the survey—the name of the vessel or aircraft;

(f) if the survey was wholly or partly conducted using another means—a description of how the survey or part of the survey was conducted;

(g) a georeferenced map of where the survey was conducted;

(h) the dates on which the survey started and ended;

(i) the line numbering convention;

(j) details of all data acquisition equipment and systems used;

(k) details of all positioning and navigation equipment and systems used;

(l) the number of lines of data acquired in the survey and the number of data acquisition points along each line;

(m) navigation data for the survey, in the form of:

(i) for a 2‑dimensional survey—line ends and bends; or

(ii) for a 3‑dimensional seismic survey—a full fold polygon outline; or

(iii) for any other survey—a polygon outline;

(n) the geometry of the acquisition parameters;

(o) the results of any onboard data processing;

(p) the results of any system tests, calibrations and diagnostics.

Strict liability offence

(4) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 50 penalty units.

Civil penalty provision

(5) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 500 penalty units.

Survey acquisition data

(6) For the purposes of this section, survey acquisition data means either:

(a) for a 2‑dimensional or 3‑dimensional seismic survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:

(i) raw navigation data;

(ii) seismic field data;

(iii) seismic support data;

(iv) itemised field tape listing showing tape number, survey name, line number, shotpoint range and data type; or

(b) for any other type of survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:

(i) field data;

(ii) field support and navigation data.

130 Requirement for survey processing report and data

Scope

(1) This section applies if a petroleum titleholder conducts a geophysical or geological survey in the title area.

Requirement

(2) The petroleum titleholder must give the Titles Administrator a report (a survey processing report), that includes the information specified in subsection (3), and all processed survey data within:

(a) 24 months after the day that the acquisition of the data is completed; or

(b) if the Titles Administrator agrees, in writing, to another period—that other period.

(3) For the purposes of subsection (2), a survey processing report must include the following information:

(a) the name of the survey conducted;

(b) the title under which the survey was conducted;

(d) the dates on which processing of the survey data started and ended;

(e) the name of the processing contractor;

(f) the purpose of the processing;

(g) a summary of the data acquisition parameters;

(h) details of all the processing sequences and techniques used;

(i) a sample Extended Binary Coded Decimal Interchange Code (EBCDIC) header from the final data set;

(j) listings of all processed data;

(k) for a seismic survey—a description of the position of the survey polygon.

Strict liability offence

(4) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 50 penalty units.

Civil penalty provision

(5) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 500 penalty units.

Processed survey data

(6) For the purposes of this section, processed survey data means:

(a) for a 2‑dimensional seismic survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:

(i) raw and final stacked data, including near/mid/far sub‑stacks if generated;

(ii) raw and final migrated data, including pre‑stack time migration, pre‑stack depth migration and near/mid/far sub‑stacks;

(iii) final processed navigation, elevation and bathymetry data;

(iv) shotpoint to common depth point relationship;

(v) data for both stacked and migrated velocities, including line number, shotpoint and time versus root mean square pairs;

(vi) itemised process tape listing showing tape number, survey name, line number, shotpoint range, common depth points and data type; or

(b) for a 3‑dimensional seismic survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:

(i) raw and final stacked data, including near/mid/far sub‑stacks if generated;

(ii) raw and final migrated data, including pre‑stack time migration, pre‑stack depth migration and near/mid/far sub‑stacks;

(iii) final processed navigation, elevation and bathymetry data;

(iv) final navigation data in the form of final processed (grid) bin coordinates and polygonal position data (outline of the full fold area);

(v) data for both stacked and migrated velocities, including bin number and time versus root mean square pairs;

(vi) if the 3‑dimensional survey collected data as non‑exclusive data—a 2D data subset;

(vii) itemised process tape listing showing tape number, survey name, in‑lines and crosslines and data type; or

(c) for any other type of survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:

(i) final processed data;

(ii) final processed images.

131 Requirement for survey interpretation report and data

Scope

(1) This section applies if:

(a) a petroleum titleholder conducts a geophysical or geological survey in the title area; or

(b) in compliance with a condition of the title, a petroleum titleholder licenses geophysical or geological survey data, from another person, that was collected from a geophysical or geological survey conducted in the title area.

Requirement

(2) The petroleum titleholder must give the Titles Administrator a report (a survey interpretation report), that includes the information specified in subsection (3), and all interpretative survey data within:

(a) if the titleholder conducts a geophysical or geological survey—30 months after the day that the acquisition of the data is completed; or

(b) if the titleholder licences data from another person—30 months after the day that the data is licensed; or

(3) For the purposes of subsection (2), a survey interpretation report must include the following information:

(a) the name of the survey conducted;

(b) the title under which the survey was conducted;

(d) a description of the objectives of the interpretation of the interpretive survey data;

(e) for a seismic survey:

(i) a list of the surfaces interpreted; and

(ii) a justification of the surfaces interpreted, including synthetic seismograms (if available); and

(iii) a description of the velocity field used to convert domain and the basis for the velocity field; and

(iv) time slices to describe the environment of deposition (if available);

(f) a bathymetric map of the survey area;

(g) an index of the maps created during the interpretation.

Strict liability offence

(4) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 50 penalty units.

Civil penalty provision

(5) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 500 penalty units.

Interpretative survey data

(6) For the purposes of this section, interpretative survey data means the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:

(a) digital images of interpreted maps;

(b) velocity data used to convert domain.

Subdivision D—Reports about reprocessing of survey data

132 Requirement for survey reprocessing report and data

Scope

(1) This section applies if a petroleum titleholder undertakes a reprocessing project under which data collected from, or generated in relation to, one or more surveys is reprocessed in compliance with a condition of the title.

Requirement

(2) The titleholder must give the Titles Administrator a report (a survey reprocessing report), that includes the information specified in subsection (3), and all reprocessed survey data within:

(a) 24 months after the day that the reprocessing of the data commenced; or

(b) if the Titles Administrator agrees, in writing, to another period—that other period.

(3) For the purposes of subsection (2), a survey reprocessing report must include the following information:

(a) the name of the reprocessing project;

(b) the name of each survey;

(d) the name of the titleholder who completed the reprocessing of the data;

(e) if a contractor reprocessed the data for or on behalf of the titleholder—the name of the contractor;

(f) the dates on which reprocessing of the survey data started and ended;

(g) the types of reprocessing undertaken and the purpose of the reprocessing;

(h) a summary of the data acquisition parameters of each survey;

(i) details of all the processing sequences and techniques used;

(j) listings of all reprocessed survey data;

(k) a sample Extended Binary Coded Decimal Interchange Code (EBCDIC) header from the final data set;

(l) for 2‑dimensional survey data—line ends and bends;

(m) for 3‑dimensional survey data—bin grid information and a description of the position of the survey polygon.

Strict liability offence

(4) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 50 penalty units.

Civil penalty provision

(5) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 500 penalty units.

Reprocessed survey data

(6) For the purposes of this section, reprocessed survey data means:

(a) for a 2‑dimensional seismic survey—each of the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:

(i) final stacked data, including near/mid/far sub‑stacks if generated;

(ii) final migrated data, including pre‑stack time migration, pre‑stack depth migration and near/mid/far sub‑stacks;

(iii) final navigation, elevation and bathymetry data;

(iv) shotpoint to common depth point relationship;

(v) data for both stacked and migrated velocities, including line number, shotpoint and time versus root mean square pairs;

(vi) itemised tape listing showing tape number, survey name, line number, shotpoint range, common depth points and data type; or

(b) for a 3‑dimensional seismic survey—each of the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:

(i) final stacked data, including near/mid/far sub‑stacks if generated;

(ii) final migrated data, including pre‑stack time migration, pre‑stack depth migration and near/mid/far sub‑stacks;

(iii) final navigation, elevation and bathymetry data;

(iv) final navigation data in the form of final (grid) bin coordinates and polygonal position data (outline of the full fold area);

(v) data for both stacked and migrated velocities, including bin number and time versus root mean square pairs;

(vi) itemised tape listing showing tape number, survey name, in‑lines and crosslines and data type; or

(c) for any other type of survey—each of the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:

(i) final processed data;

(ii) final processed images.

133 Requirement for survey reprocessing interpretation report and data

Scope

Requirement

(2) The petroleum titleholder must give the Titles Administrator a report (a survey reprocessing interpretation report), that includes the information specified in subsection (3), and all interpretative survey reprocessing data within:

(a) 30 months after the day that the reprocessing of the data commenced; or

(b) if the Titles Administrator agrees, in writing, to another period—that other period.

(3) For the purposes of subsection (2), a survey reprocessing interpretation report must include the following information:

(a) the name of the reprocessing project;

(b) the name of each survey;

(d) the name of the titleholder who completed the reprocessing of the data;

(e) a description of the objectives of the interpretation;

(f) for a seismic survey:

(i) a list of the surfaces interpreted; and

(ii) a justification of the surfaces interpreted, including synthetic seismograms (if available); and

(iii) the velocity field used to convert domain and the basis for the velocity field; and

(iv) time slices to describe the environment of deposition (if available);

(g) a bathymetric map of the reprocessed area;

(h) an index of the maps created during the interpretation.

Strict liability offence

(4) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 50 penalty units.

Civil penalty provision

(5) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 500 penalty units.

Interpretative survey reprocessing data

(6) For the purposes of this section, interpretative survey reprocessing data means the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 139:

(a) digital images of interpreted maps;

(b) velocity data used to convert domain.

Subdivision E—Other reports

134 Requirement for daily workover report

(1) A petroleum titleholder who undertakes workover operations in the title area on a day (a workover day) must give the Titles Administrator a report (a daily workover report), that includes the information specified in subsection (2), by midday on the first business day after the workover day.

(2) For the purposes of subsection (1), a daily workover report must include the following information:

(a) the name of the well associated with the workover operations undertaken on the workover day;

(b) the location of the well by latitude and longitude;

(d) the title in which the well is located;

(e) the purpose of the workover operations, and the type and phase of intervention;

(f) the water depth at the well;

(g) the name of the rig drilling the well;

(h) the re‑entry date;

(i) what is being used as the depth reference for the well (for example, the rotary table or the rig floor);

(j) the well casing diameter, in either inches or centimetres;

(k) mud type and weight;

(l) details of any well integrity operations carried out on the workover day;

(m) details of any changes made to well zones on the workover day;

(n) details of any equipment replacement and installation carried out on the workover day;

(o) details of data acquired on the workover day;

(p) details of any wireline work carried out on the workover day;

(q) the estimated daily and cumulative well costs;

(r) any other information the titleholder considers relevant.

Strict liability offence

(3) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 50 penalty units.

Civil penalty provision

(4) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 500 penalty units.

135 Requirement for monthly production report from petroleum production licensee

(1) A petroleum production licensee must give the Titles Administrator a report (a monthly production report) for each calendar month, that includes the information specified in subsection (2), within 15 days of the end of the month to which the report relates.

(2) For the purposes of subsection (1), a monthly production report for a calendar month must include the following information:

(a) for each well in the licence area:

(i) the well’s identification name and number;

(ii) a summary of all work that has been performed on the well during the month;

(iii) the results of production tests for the well, including the parameters of the test;

(iv) the well’s operational status at the end of the month;

(v) the number of days of production during the month;

(vi) the cumulative quantities of liquid and gaseous petroleum, and of water, that have been produced or injected as at the end of the month;

(b) for the licence area—the total quantities of each of the following for the month:

(i) liquid and gaseous petroleum produced;

(ii) liquid and gaseous petroleum used;

(iii) liquid and gaseous petroleum injected;

(iv) gaseous petroleum flared or vented;

(v) liquid petroleum stored;

(vi) liquid and gaseous petroleum delivered from the area;

(vii) water produced;

(viii) water injected;

(c) the cumulative quantities of liquid and gaseous petroleum, and of water, that have been produced or injected as at the end of the month.

Strict liability offence

(3) A petroleum production licensee commits an offence of strict liability if the licensee contravenes subsection (1).

Penalty: 50 penalty units.

Civil penalty provision

(4) A petroleum production licensee is liable to a civil penalty if the licensee contravenes subsection (1).

Civil penalty: 500 penalty units.

Subdivision F—Cores, cuttings and samples

136 Requirement to give certain cores, cuttings or samples

Scope

(1) This section applies if a petroleum titleholder:

(a) drills a well or conducts another operation in the title area; and

(b) collects a kind of core, cutting or sample mentioned in column 1 of an item of the table in subsection (4).

Specified quantity of core, cutting or sample must be given if available

(2) If the quantity of the core, cutting or sample specified in column 2 of the item is available to the petroleum titleholder, the titleholder must give that specified quantity to the Titles Administrator:

(a) before the end of the day specified in column 3 of the item; or

(b) if the Titles Administrator agrees, in writing, to another time—before that time.

Note: Division 3 sets out requirements for the collection and retention of cores, cuttings and samples.

(3) Subsection (2) does not apply to a petroleum titleholder if:

(a) the specified quantity of the core, cutting or sample is not available to the titleholder; and

(b) the titleholder has a reasonable excuse for the specified quantity not being available to the titleholder; and

(c) the titleholder gives the Titles Administrator a written notice, before the end of the day specified in column 3 of the item, that includes the following information:

(i) an explanation of why the specified quantity is not available to the titleholder;

(ii) the quantity of the core, cutting or sample that was recovered;

(iii) the quantity (if any) of the core, cutting or sample that remains available to the titleholder; and

(d) if a quantity of the core, cutting or sample remains available to the titleholder—the titleholder gives an agreed quantity of the remaining core, cutting or sample to the Titles Administrator:

(i) before the end of the day specified in column 3 of the item; or

(ii) if the Titles Administrator agrees, in writing, to another time—before that time.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Table of requirements in relation to cores, cuttings and samples

(4) For the purposes of this section, requirements in relation to the giving of cores, cuttings and samples are set out in the following table.

Item	Column 1 Kind of core, cutting or sample	Column 2 Quantity of core, cutting or sample	Column 3 Time by which core, cutting or sample must be given
1	Ditch cuttings	2 sets of 200 grams dry weight per sample interval	The day 12 months after the rig release date
2	Full hole conventional cores	1/3 of the core	The day 12 months after the rig release date
3	Full hole conventional cores	2/3 of the core	The day 18 months after the rig release date
4	Gaseous hydrocarbon samples	300 cm3	The day 18 months after the rig release date
5	Fluid hydrocarbon samples	1 litre	Either: (a) if the sample is collected during the drilling of a well—the day 18 months after the rig release date; or (b) if the sample is collected during a test on a completed well—the day 18 months after the day that the sample is collected
6	Sidewall core material	All material collected	The day 18 months after the rig release date
7	Palynological slides, residues and thin sections, paleontological material and petrological slides and thin sections	All material collected	The day 18 months after the rig release date

Strict liability offence

(5) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 60 penalty units.

Civil penalty provision

(6) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 600 penalty units.

137 Titles Administrator may request other cores, cuttings or samples

Scope

(1) This section applies if a petroleum titleholder:

(a) drills a well or conducts another operation in the title area; and

(b) collects a kind of core, cutting or sample that is not mentioned in column 1 of an item in the table in subsection 136(4).

Titles Administrator may request specified quantity of core, cutting or sample

(2) The Titles Administrator may request that the petroleum titleholder give a specified quantity of the core, cutting or sample to the Titles Administrator.

(3) The request must:

(a) be in writing; and

(b) set out the quantity of the core, cutting or sample that must be given; and

(4) A petroleum titleholder must comply with a request under subsection (2).

(5) Subsection (4) does not apply if:

(a) the quantity of the core, cutting or sample specified in the request is not available to the titleholder; and

(b) the titleholder has a reasonable excuse for the specified quantity not being available to the titleholder; and

(c) the titleholder gives the Titles Administrator a written notice before the end of the period specified in the request that includes the following information:

(i) an explanation of why the specified quantity is not available to the titleholder;

(ii) the total quantity of the core, cutting or sample that was recovered;

(iii) the quantity (if any) of the core, cutting or sample that remains available to the titleholder.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Strict liability offence

(6) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (4).

Penalty: 50 penalty units.

Civil penalty provision

(7) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (4).

Civil penalty: 90 penalty units.

Division 5—Other matters

138 Titles Administrator may request information about reports etc.

Further information about reports

(1) If a petroleum titleholder gives a report to the Titles Administrator under this Part, the Titles Administrator may request the titleholder to provide further written information about any of the matters that, under this Part, must be included in the report.

(2) The request must:

(a) be in writing; and

(b) set out each matter for which information is requested; and

(3) A petroleum titleholder must comply with a request under subsection (1).

Further information about data

(4) If a petroleum titleholder gives data to the Titles Administrator under this Part, the Titles Administrator may request that the titleholder provide further written information about the data.

(5) The request must:

(a) be in writing; and

(b) set out each matter for which information is requested; and

(6) A petroleum titleholder must comply with a request under subsection (4).

Strict liability offence

(7) A petroleum titleholder commits an offence of strict liability if the titleholder contravenes subsection (3) or (6).

Penalty: 50 penalty units.

Civil penalty provision

(8) A petroleum titleholder is liable to a civil penalty if the titleholder contravenes subsection (3) or (6).

Civil penalty: 90 penalty units.

139 Titles Administrator may specify format or medium for data

(1) The Titles Administrator may, in writing, specify either or both of the following for the purposes of any or all of the provisions listed in subsection (2):

(a) the format in which a type of data must be presented;

(b) the medium on which a type of data must be presented.

(2) For the purposes of subsection (1), the provisions are as follows:

(a) subsection 126(5);

(b) subsection 127(5);

(d) paragraph 129(6)(b);

(e) paragraph 130(6)(a);

(f) paragraph 130(6)(b);

(g) paragraph 130(6)(c);

(h) subsection 131(6);

(i) paragraph 132(6)(a);

(j) paragraph 132(6)(b);

(k) paragraph 132(6)(c);

(l) subsection 133(6).

Note: See section 214 for how documents must be given to the Titles Administrator.

(3) The Titles Administrator must publish on the Titles Administrator’s website a copy of an instrument made under subsection (1).

Part 8—Release of technical information about petroleum

Division 1—Preliminary

140 Simplified outline of this Part

This Part sets out how technical information and samples given by petroleum titleholders to the Titles Administrator or the responsible Commonwealth Minister under the Act, or a legislative instrument made under the Act, may be made public.

141 Definitions

In this Part:

basic information means documentary information that is not interpretative information.

disclosable information means documentary information that is not permanently confidential information.

documentary information has the meaning given by section 711 of the Act.

interpretative information has the meaning given by section 144.

permanently confidential information has the meaning given by section 143.

petroleum mining sample has the meaning given by section 711 of the Act.

Division 2—Classification of documentary information

142 Purpose of Division

(1) This Division (other than section 148) is made for the purposes of paragraphs 712(2)(c) and 713(2)(c) of the Act

(2) Section 148 is made for the purposes of subsection 718(2) of the Act.

143 Meaning of permanently confidential information

(1) This section sets out the 4 situations in which documentary information is permanently confidential information.

Excluded information is permanently confidential

(2) Despite anything else in this Division, excluded information is permanently confidential information.

Note: Excluded information is defined in section 8.

Titles Administrator classifies as permanently confidential

(3) Documentary information given by a person to the Titles Administrator is permanently confidential information if the Titles Administrator considers the information to be:

(a) a trade secret; or

(b) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs.

Titles Administrator does not dispute classification

(4) Documentary information given by a person to the Titles Administrator is permanently confidential information if:

(a) when the information was given, the person notified the Titles Administrator, in writing, that the person classified the information as:

(i) a trade secret; or

(ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs; and

(b) the Titles Administrator did not give the person a written notice under subsection 145(1) disputing the classification.

Titles Administrator disputes classification and objection is in force

(5) Documentary information given by a person to the Titles Administrator is permanently confidential information if:

(a) when the information was given, the person notified the Titles Administrator, in writing, that the person classified the information as:

(i) a trade secret; or

(ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs; and

(b) the Titles Administrator gave the person a written notice under subsection 145(1) disputing the classification; and

(i) the time for making an objection in response to the notice mentioned in paragraph (b) has not elapsed; or

(ii) the person has made an objection in response to the notice mentioned in paragraph (b), and the objection has not ceased to be in force under section 149.

144 Meaning of interpretative information

(1) This section sets out the 3 situations in which documentary information is interpretative information.

Titles Administrator classifies as interpretative

(2) Documentary information given by a person to the Titles Administrator is interpretative information if the Titles Administrator considers the information to be a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information.

Titles Administrator does not dispute classification

(3) Documentary information given by a person to the Titles Administrator is interpretative information if:

(a) when the information was given, the person notified the Titles Administrator, in writing, that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and

(b) the Titles Administrator did not give the person a written notice under subsection 145(2) disputing the classification.

Titles Administrator disputes classification and objection to disclosure is in force

(4) Documentary information given by a person to the Titles Administrator is interpretative information if:

(b) the Titles Administrator gave the person a written notice under subsection 145(2) disputing the classification; and

(i) the time for making an objection in response to the notice mentioned in paragraph (b) has not elapsed; or

(ii) the person has made an objection in response to the notice mentioned in paragraph (b), and the objection has not ceased to be in force under section 149.

145 Classification dispute notices

Permanently confidential information—classification dispute notices

(1) The Titles Administrator may give a person a written notice disputing the classification of documentary information as permanently confidential information if:

(a) the person gave the documentary information to the Titles Administrator; and

(b) when the information was given, the person notified the Titles Administrator, in writing, that the person classified the information as:

(i) a trade secret; or

(ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs; and

(i) a trade secret; or

(ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person’s business, commercial or financial affairs.

Interpretative information—classification dispute notices

(2) The Titles Administrator may give a person a written notice disputing the classification of documentary information as interpretative information if:

(a) the person gave the documentary information to the Titles Administrator; and

(b) when the information was given, the person notified the Titles Administrator, in writing, that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and

(c) the Titles Administrator does not consider the information to be a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information.

Timing of classification dispute notices

(3) A notice under subsection (1) or (2) must be given within 30 days after the Titles Administrator receives the documentary information to which it relates.

Contents of classification dispute notices

(4) A notice under subsection (1) must include the following:

(a) a statement that the Titles Administrator considers the information to be disclosable information and proposes to treat it as disclosable information under this Part;

(b) a statement inviting the person to make a written objection to the Titles Administrator’s proposal to treat the information as disclosable information;

(d) a statement that, if the person does not make a written objection by the specified day, the information will be taken under this Part to be disclosable information.

(5) A notice under subsection (2) must include the following:

(a) a statement that the Titles Administrator considers the information to be basic information and proposes to treat it as basic information under this Part;

(b) a statement inviting the person to make a written objection to the Titles Administrator’s proposal to treat the information as basic information;

(d) a statement that, if the person does not make a written objection by the specified day, the information will be taken under this Part to be basic information.

(6) For the purposes of paragraphs (4)(c) and (5)(c), the specified day must be at least 45 days after the day the notice is given.

Classification dispute notices may be combined

(7) If 2 or more notices under either or both of subsection (1) or (2) are to be given to the same person, the Titles Administrator may combine those notices into a single notice.

146 Making an objection

(1) If a person receives a notice from the Titles Administrator under section 145, the person may give the Titles Administrator an objection, in writing, to the proposed classification of the information.

(2) The objection may relate to all of the information described in the notice, or a specified part of the information.

(3) If the notice is given under both subsections 145(1) and (2), the objection must state whether the objection is:

(a) on the ground that the information should be treated as permanently confidential information; or

(b) on the ground that the information should be treated as interpretative information; or

(4) The objection must be given to the Titles Administrator on or before the day specified in the notice.

147 Consideration of objection by Titles Administrator

(1) If a person gives the Titles Administrator an objection in accordance with section 146, the Titles Administrator must consider the objection and decide whether to allow or disallow the objection.

(2) The Titles Administrator may allow the objection for part of the documentary information to which it relates, and disallow the objection for another part.

(3) The Titles Administrator must notify the person, in writing, of the Titles Administrator’s decision within 45 days after the Titles Administrator receives the objection.

(4) The notice of decision under subsection (3) must state that the person may ask the responsible Commonwealth Minister to review the decision in accordance with section 148.

148 Review of Titles Administrator’s decision by Minister

(1) A person may, in writing, request the responsible Commonwealth Minister to review a decision by the Titles Administrator under section 147 to disallow an objection.

(2) The request:

(a) must be given to the Minister within 30 days after the person was given notice of the Titles Administrator’s decision; and

(b) must set out the grounds for making the request.

(3) The person may withdraw the request by written notice given to the Minister.

(4) The Minister must, within 45 days after receiving the request, review the Titles Administrator’s decision and:

(a) confirm the Titles Administrator’s decision to disallow the objection; or

(b) revoke the Titles Administrator’s decision and substitute another decision for it.

(5) A decision made by the Minister in substitution for the Titles Administrator’s decision may allow the objection for part of the documentary information to which it relates, and disallow the objection for another part.

(6) The Minister must notify the person in writing of the Minister’s decision as soon as practicable after making the decision.

Note: The person may seek further review of the Minister’s decision—see Part 9.1 of the Act.

149 When an objection ceases to be in force

An objection made by a person under section 146 ceases to be in force if:

(a) the person withdraws the objection by notifying the Titles Administrator in writing; or

(b) the Titles Administrator disallows the objection, and the person does not request a review of the decision within the period specified in subsection 148(2); or

(c) the Titles Administrator disallows the objection, all reviews of the Titles Administrator’s decision have been finalised, and the decision standing after all reviews have been finalised is that the objection is disallowed.

Division 3—Release of documentary information

150 Purpose of Division

For the purposes of paragraphs 712(2)(c) and 715(2)(c) of the Act, this Division sets out the circumstances in which the Titles Administrator or responsible Commonwealth Minister may:

(a) make documentary information publicly known; or

(b) make documentary information available to a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory).

Note: Under section 715 of the Act, the responsible Commonwealth Minister is a recipient Minister and is subject to the rules in this Division.

151 Release of open information about wells, surveys and reprocessing projects

Despite anything else in this Division, the Titles Administrator or responsible Commonwealth Minister may make any of the following publicly known at any time:

(a) open information about a well;

(b) open information about a survey;

152 Release of basic disclosable information

(1) The Titles Administrator or responsible Commonwealth Minister may make documentary information publicly known or make documentary information available to a person if:

(a) it is basic information; and

(b) it is disclosable information; and

(d) if the documentary information is survey information—one of the following applies:

(i) in relation to the Titles Administrator making the survey information available to a person—the requirements of subsection 155(1) are met;

(ii) in relation to the Titles Administrator or the responsible Commonwealth Minister making the survey information publicly known—the survey information is covered by a notice under subsection 155(3);

(iii) in relation to the responsible Commonwealth Minister making the survey information available to a person—the requirements of subsection 155(6) are met.

Note: For survey information, see subsection 155(8).

Relevant day—seismic surveys

(2) Subject to subsection (3), the relevant day for a type of documentary information related to a seismic survey described in column 1 of an item of the following table is the day specified in column 2 of the item.

Relevant day for documentary information related to seismic surveys
Item	Column 1 Type of documentary information	Column 2 Relevant day
1	Documentary information related to a survey that collected exclusive data, if the survey was conducted under a petroleum title that is still in force	The day that is 3 years after the day that the acquisition of the data is completed
2	Documentary information related to a survey that collected exclusive data, if the survey was conducted under a petroleum title that: (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title	The day of the expiry, surrender, cancellation, revocation or termination of the petroleum title
3	Documentary information related to a survey that collected 2D seismic data as non‑exclusive data	The day that is 10 years after the day that the acquisition of the data is completed
4	Documentary information related to a survey that collected 3D seismic data as non‑exclusive data	For the 3D data—the day that is 10 years after the acquisition of the data was completed For 2D data extracted from the 3D data—the day that is 5 years after the day that the acquisition of the 3D data is completed

Relevant day—geophysical and geological surveys (other than seismic surveys)

(3) The relevant day for a type of documentary information relating to geophysical and geological surveys (other than seismic surveys) described in column 1 of an item of the following table is the day specified in column 2 of the item.

Relevant day for documentary information related to geophysical and geological surveys (other than seismic surveys)
Item	Column 1 Type of documentary information	Column 2 Relevant day
1	Documentary information related to a survey that collected exclusive data, if the survey was conducted under a petroleum title that is still in force	The day that is 3 years after the day that the acquisition of the data is completed
2	Documentary information related to a survey that collected exclusive data, if the survey was conducted under a petroleum title that: (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title	The day of the expiry, surrender, cancellation, revocation or termination of the petroleum title
3	Documentary information related to a survey that collected non‑exclusive data	The day that is 5 years after the day that the acquisition of the data is completed

Relevant day—reprocessed survey data

(4) The relevant day for a type of documentary information described in column 1 of an item of the following table is the day specified in column 2 of the item.

Relevant day for documentary information obtained from reprocessing of survey data
1	Documentary information obtained from the reprocessing of data from a survey, where the reprocessing is conducted in compliance with a condition of a petroleum title that is still in force	The later of: (a) the relevant day under subsection (2) for the documentary information relating to the survey; and (b) the day that is 3 years after the day that the reprocessing of the data is completed
2	Documentary information obtained from the reprocessing of data from a survey, where the reprocessing is conducted in compliance with a condition of a petroleum title that: (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title	The later of: (a) the relevant day under subsection (2) for the documentary information relating to the survey; and (b) the day of the expiry, surrender, cancellation, revocation or termination of the petroleum title

Relevant day for documentary information obtained from reprocessing of survey data

Item

Column 1

Type of documentary information

Column 2

Relevant day

Documentary information obtained from the reprocessing of data from a survey, where the reprocessing is conducted in compliance with a condition of a petroleum title that is still in force

The later of:

(a) the relevant day under subsection (2) for the documentary information relating to the survey; and

(b) the day that is 3 years after the day that the reprocessing of the data is completed

Documentary information obtained from the reprocessing of data from a survey, where the reprocessing is conducted in compliance with a condition of a petroleum title that:

(a) has expired; or

(b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title

The later of:

(a) the relevant day under subsection (2) for the documentary information relating to the survey; and

(b) the day of the expiry, surrender, cancellation, revocation or termination of the petroleum title

Relevant day—well operations

(5) The relevant day for a type of documentary information relating to a regulated operation that is a well operation described in column 1 of an item of the following table is the day specified in column 2 of the item.

Relevant day for documentary information relating to regulated operations
Item	Column 1 If the regulated operation to which the information relates was conducted under …	Column 2 the relevant day is …
1	a petroleum title that is still in force	the day that is 2 years after the end of the operation
2	a petroleum title that: (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title	the day of the expiry, surrender, cancellation, revocation or termination of the petroleum title

Note: End of the operation is defined in section 6.

153 Release of interpretative disclosable information

(1) The Titles Administrator or responsible Commonwealth Minister may make documentary information publicly known or make documentary information available to a person if:

(a) it is interpretative information; and

(b) it is disclosable information; and

Relevant day—interpretative disclosable information

(2) The relevant day for a type of documentary information described in column 1 of an item of the following table is the day specified in column 2 of the item.

Relevant day for documentary information that is interpretative disclosable information
Item	Column 1 Type of documentary information	Column 2 Relevant day
1	Documentary information related to a well operation	The day that is 5 years after the end of the operation to which the information relates
2	Documentary information related to a seismic survey	The later of: (a) the relevant day under subsection 152(2) for basic information related to the seismic survey; and (b) the day that is 5 years after the day that the acquisition of the data is completed
3	Documentary information related to a geophysical or geological survey (other than a seismic survey)	The later of: (a) the relevant day under subsection 152(3) for basic information related to the survey; and (b) the day that is 5 years after the day that the acquisition of the data is completed
4	Documentary information obtained from the reprocessing of data from a survey, where the reprocessing is conducted in compliance with a condition of a petroleum title	The later of: (a) the relevant day under subsection 152(4) for basic information obtained from the reprocessing of the data; and (b) the day that is 5 years after the day that the reprocessing of the data is completed

Note: End of the operation is defined in section 6.

154 Release of documentary information—prior availability or consent

(1) Subject to subsection (2), the Titles Administrator or responsible Commonwealth Minister may make documentary information publicly known or make documentary information available to a person if:

(a) either:

(i) the petroleum titleholder who gave the information to the Titles Administrator has made the information publicly known; or

(ii) the petroleum titleholder who gave the information to the Titles Administrator has consented in writing to the information being made publicly known or made available, as the case may be; and

(b) if the documentary information is survey information (other than interpretative information)—one of the following applies:

(i) in relation to the Titles Administrator making the survey information available to a person—the requirements of subsection 155(1) are met;

(iii) in relation to the responsible Commonwealth Minister making the survey information available to a person—the requirements of subsection 155(6) are met.

Note: For survey information, see subsection 155(8).

(2) If the documentary information relating to a block was given to the Titles Administrator under a petroleum special prospecting authority, a petroleum access authority or a petroleum scientific investigation consent, subsection (1) applies only if the information relates to a period when no permit, lease or licence was in force over the block.

155 Requirements for making survey information available to a person

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

(1) The Titles Administrator must not make survey information available to a person under subsection 152(1) or 154(1) unless:

(a) that information is covered by a notice under subsection (3) of this section; or

(b) that information and person are covered by a notice under subsection (4) of this section; or

(c) if paragraphs (a) and (b) do not apply and that information is not covered by a notice under subsection (5) of this section:

(i) the Titles Administrator has, in writing, notified the responsible Commonwealth Minister of that person and of that information; and

(ii) the responsible Commonwealth Minister agrees to that information being made available to that person.

Note: For survey information, see subsection (8).

(2) The responsible Commonwealth Minister must:

(a) in deciding whether to agree for the purposes of subparagraph (1)(c)(ii), consider whether it is in the national interest not to make the whole or a part of that information available to that person; and

(b) in writing, notify the Titles Administrator:

(i) that the responsible Commonwealth Minister does not agree to any of that information being made available to that person; or

(ii) that the responsible Commonwealth Minister agrees to the whole of that information being made available to that person; or

(iii) that the responsible Commonwealth Minister agrees to a specified part of that information being made available to that person.

(3) The responsible Commonwealth Minister may, by notice in writing to the Titles Administrator, specify survey information that is appropriate for the Titles Administrator to make publicly known.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

(4) The responsible Commonwealth Minister may, by notice in writing to the Titles Administrator, specify survey information that is appropriate for the Titles Administrator to make available to specified persons. The responsible Commonwealth Minister must not do so unless the responsible Commonwealth Minister has considered whether it is in the national interest for that information not to be made available to those persons.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

(5) The responsible Commonwealth Minister may, by notice in writing to the Titles Administrator, specify survey information that is not appropriate for the Titles Administrator to make available to any person because the responsible Commonwealth Minister considers that it is in the national interest for that information not to be made available to any person.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

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

(6) The responsible Commonwealth Minister must not make survey information available to a person under subsection 152(1) or 154(1) unless:

(a) that information is covered by a notice under subsection (3) of this section; or

(b) that information and person are covered by a notice under subsection (4) of this section; or

(c) if paragraphs (a) and (b) do not apply, that information is not covered by a notice under subsection (5) of this section and the person has not already requested the Titles Administrator to make that information available to that person—the responsible Commonwealth Minister has considered whether it is in the national interest not to make that information available to that person.

Note: For survey information, see subsection (8).

No limits on matters the responsible Commonwealth Minister may consider

(7) Paragraph (2)(a), subsection (4) and (5) and paragraph (6)(c) do not limit the matters the responsible Commonwealth Minister may consider.

Survey information

(8) For the purposes of this Division, survey information is the following documentary information:

(a) documentary information relating to seismic surveys, geophysical surveys or geological surveys;

(b) documentary information obtained from reprocessing as mentioned in subsection 152(4).

156 Release of documentary information—Petroleum and Other Fuels Reporting Act 2017

(1) The Titles Administrator may make documentary information available to an officer of the Energy Department if the Titles Administrator is satisfied that the information will enable or assist an officer of the Energy Department to perform or exercise any function or power under the Petroleum and Other Fuels Reporting Act 2017.

(2) In this section:

Energy Department means the Department administered by the Minister administering the Petroleum and Other Fuels Reporting Act 2017.

Division 4—Release of petroleum mining samples

157 Purpose of Division

For the purposes of paragraphs 713(2)(c) and 716(2)(c) of the Act, this Division sets out the circumstances in which the Titles Administrator or responsible Commonwealth Minister may:

(a) make publicly known any details of a petroleum mining sample; or

(b) permit a person (other than a Minister, a Minister of a State or a Minister of the Northern Territory) to inspect a petroleum mining sample.

158 Release of petroleum mining samples after relevant day

(1) The Titles Administrator or responsible Commonwealth Minister may make publicly known details of a petroleum mining sample or permit a person to inspect the sample if the relevant day for the sample has passed.

(2) The relevant day for a petroleum mining sample that relates to a regulated operation described in column 1 of an item of the following table is the day specified in column 2 of the item.

Relevant day for petroleum mining samples
Item	Column 1 If the sample relates to a regulated operation that was conducted under …	Column 2 the relevant day is …
1	a petroleum title that is still in force	the day that is 2 years after the end of the operation
2	a petroleum title that: (a) has expired; or (b) has been surrendered, cancelled, revoked or terminated before the expiry date of the title	the day of the expiry, surrender, cancellation, revocation or termination of the petroleum title

Note: End of the operation is defined in section 6.

159 Release of petroleum mining samples—prior availability or consent

(1) Subject to subsection (2), the Titles Administrator or responsible Commonwealth Minister may make publicly known any details of a petroleum mining sample or permit a person to inspect the sample if:

(a) the petroleum titleholder who gave the sample to the Titles Administrator has made publicly known those details of the sample; or

(b) the petroleum titleholder who gave the sample to the Titles Administrator has caused to be made publicly known those details of the sample; or

(c) the petroleum titleholder who gave the sample to the Titles Administrator has consented in writing to details of the sample being made publicly known or to the sample being made available for inspection, as the case may be.

(2) If a petroleum mining sample from a block was given to the Titles Administrator under a petroleum special prospecting authority, a petroleum access authority or a petroleum scientific investigation consent, subsection (1) only applies if the sample was obtained during a period when no permit, lease or licence was in force over the block.

Part 9—Data management—greenhouse gas titleholders

Division 1—Preliminary

160 Simplified outline of this Part

This Part sets out requirements:

(a) for and in relation to greenhouse gas titleholders keeping accounts, records and other documents in connection with operations in an offshore area; and

(b) for and in relation to greenhouse gas titleholders collecting and retaining cores, cuttings and samples in connection with operations in an offshore area; and

Offences and civil penalties apply in relation to contravening the requirements of this Part.

Division 2—Requirements for keeping information

161 Purpose of Division

This Division is made for the purposes of paragraph 724(1)(a) of the Act, and sets out requirements for and in relation to greenhouse gas titleholders keeping accounts, records and other documents in connection with operations in an offshore area.

162 Requirement to securely retain information

(1) A greenhouse gas titleholder must:

(a) securely retain any accounts, records or other documents that the titleholder keeps in connection with an operation in an offshore area; and

(b) do so in such a way that makes retrieval of the accounts, records or other documents reasonably practicable.

Strict liability offence

(2) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 40 penalty units.

Civil penalty provision

(3) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 400 penalty units.

Division 3—Requirements for collection and retention of cores, cuttings and samples

Subdivision A—Preliminary

163 Purpose of Division

This Division is made for the purposes of paragraphs 724(1)(b) and (c) of the Act, and sets out requirements for and in relation to greenhouse gas titleholders:

(a) collecting and retaining cores, cuttings and samples in connection with operations in an offshore area; and

(b) if cores, cutting or samples are sent outside Australia—giving certain reports, cores, cuttings or samples to the Titles Administrator.

Subdivision B—General requirements

164 Requirement to retain core, cutting or sample

(1) A greenhouse gas titleholder must:

(a) securely retain any core, cutting or sample that the titleholder collects in connection with an operation in an offshore area; and

(b) do so in such a way that makes retrieval of the core, cutting or sample reasonably practicable.

Strict liability offence

(2) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 40 penalty units.

Civil penalty provision

(3) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 400 penalty units.

165 General requirement to retain core, cutting or sample in Australia

Core, cutting or sample must generally be kept in Australia

(1) A greenhouse gas titleholder must retain a core, cutting or sample in Australia if:

(a) the titleholder undertakes an operation in an offshore area; and

(b) the titleholder collects the core, cutting or sample in connection with the operation.

Exception

(2) Subsection (1) does not apply to a greenhouse gas titleholder if:

(a) the core, cutting or sample is taken or sent outside Australia by, or on behalf of, the greenhouse gas titleholder; and

(b) the titleholder gives a written notice to the Titles Administrator in accordance with subsection (3).

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

(3) For the purposes of paragraph (2)(b), the notice must:

(a) be given to the Titles Administrator before the end of the day that is immediately after the day that the core, cutting or sample was taken or sent out of Australia; and

(b) state that the titleholder has taken or sent, or will take or send, the core, cutting or sample out of Australia; and

(d) describe what analysis will be conducted on the core, cutting or sample; and

(e) state whether the analysis will involve the destruction of the core, cutting or sample or a part of the core, cutting or sample.

Strict liability offence

(4) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 40 penalty units.

Civil penalty provision

(5) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 400 penalty units.

Titles Administrator may request return of core, cutting or sample

(6) If:

(a) a core, cutting or sample is taken outside Australia by, or on behalf of, a greenhouse gas titleholder; and

(b) the titleholder does not give the Titles Administrator a written notice in accordance with subsection (3);

the Titles Administrator may, in writing, request that the titleholder ensure that the core, cutting or sample is returned to Australia within a reasonable period specified in the request.

(7) The titleholder must comply with the request.

Strict liability offence

(8) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (7).

Penalty: 40 penalty units.

Civil penalty provision

(9) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (7).

Civil penalty: 400 penalty units.

Subdivision C—Requirements in relation to cores, cuttings or samples taken or sent outside Australia

166 Requirement to return core, cutting or sample to Australia

Scope

(1) This section applies if:

(a) a greenhouse gas titleholder undertakes an operation in an offshore area; and

(b) the titleholder collects a core, cutting or sample in connection with the operation; and

(c) the core, cutting or sample is taken or sent by the titleholder, or on behalf of the titleholder, for analysis outside Australia.

Requirement

(2) The greenhouse gas titleholder must ensure that the core, cutting or sample that remains after the analysis is completed is returned to Australia within:

(a) if the titleholder gave written notice to the Titles Administrator in accordance with subsection 165(3) in relation to the core, cutting or sample:

(i) 12 months after the day that the titleholder gave the notice; or

(ii) if the Titles Administrator agrees, in writing, to another period—that other period; or

(b) otherwise—within 12 months of the day that the core, cutting or sample was taken or sent outside Australia.

Exception

(3) Subsection (2) does not apply to a greenhouse gas titleholder if the core, cutting or sample is destroyed as part of the analysis of the core, cutting or sample.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Strict liability offence

(4) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 40 penalty units.

Civil penalty provision

(5) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 400 penalty units.

167 Requirement to provide report about analysis of core, cutting or sample conducted overseas

Scope

(1) This section applies if:

(a) a greenhouse gas titleholder collects a core, cutting or sample in connection with an operation in an offshore area; and

(b) the core, cutting or sample is taken or sent by the titleholder, or on behalf of the titleholder, for analysis outside Australia.

Requirement to provide analysis report

(2) The titleholder must give the Titles Administrator a report (an analysis report) that includes the information specified in subsection (3) within:

(a) if the titleholder notified the Titles Administrator in accordance with subsection 165(3) in relation to the core, cutting or sample:

(i) 12 months after the day that the titleholder gave the notice; or

(ii) if the Titles Administrator agrees, in writing, to another period—that other period; or

(b) otherwise—12 months after the day that the core, cutting or sample was taken or sent outside Australia.

(3) For the purposes of subsection (2), an analysis report must include the following information:

(a) a summary of the analysis undertaken on the core, cutting or sample;

(b) all raw data produced from the analysis, including all raw data in relation to slides, thin sections or residues produced;

Strict liability offence

(4) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 50 penalty units.

Civil penalty provision

(5) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 500 penalty units.

168 Requirement to provide certain samples produced from overseas analysis

Scope

(1) This section applies if:

(a) a greenhouse gas titleholder collects a core, cutting or sample (the principal core, cutting or sample) in connection with an operation in an offshore area; and

(b) the principal core, cutting or sample is taken or sent by the titleholder, or on behalf of the titleholder, for analysis outside Australia; and

(c) any of the following samples (each of which is a secondary sample) are produced as a result of the analysis of the principal core, cutting or sample:

(i) a palynological slide, residue or thin section;

(ii) any paleontological material;

(iii) a petrological slide or thin section.

Note: See section 185 for requirements in relation to the giving of certain cores, cuttings and samples.

Requirement

(2) The greenhouse gas titleholder must give each secondary sample produced to the Titles Administrator:

(a) if the titleholder gave written notice to the Titles Administrator in accordance with subsection 165(3) in relation to the principal core, cutting or sample:

(i) 12 months after the day that the titleholder gave the notice; or

(ii) if the Titles Administrator agrees, in writing, to another period—that other period; or

(b) otherwise—12 months after the day that the principal core, cutting or sample was taken or sent outside Australia.

Strict liability offence

(3) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 60 penalty units.

Civil penalty provision

(4) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 600 penalty units.

Division 4—Requirements for giving reports, data and samples

Subdivision A—Preliminary

169 Purpose of Division

This Division is made for the purposes of paragraph 724(1)(c) of the Act, and sets out requirements for greenhouse gas titleholders to give reports, other documents, cores, cuttings or samples to the Titles Administrator.

Subdivision B—Reports about drilling wells

170 Requirement for daily drilling report

(1) A greenhouse gas titleholder who undertakes drilling operations in the title area on a day (an operation day) must give the Titles Administrator a report (a daily drilling report) that includes the information specified in subsection (2) by midday on the first business day after the operation day.

(2) For the purposes of subsection (1), a daily drilling report must include the following information:

(a) the name of the well or borehole associated with the drilling operations;

(b) the date of the operation day to which the report relates;

(d) the title in which the well is located;

(e) the water depth at the well;

(f) the drilled depth of the well;

(g) the name of the rig drilling the well;

(h) the spud date of the well;

(i) what is being used as the depth reference for the well (for example, the rotary table or the rig floor);

(j) the bit diameter and size, in either inches or centimetres, that is being used in the drilling operations;

(k) the casing diameter and size, in either inches or centimetres;

(l) the mud type and weight;

(m) a description of the work carried out on the operation day;

(n) a summary of the materials used on the operation day;

(o) details of drilling fluid losses on the operation day;

(p) a leak off test summary;

(q) the geometry of the well bore;

(r) the estimated daily and cumulative well costs.

Strict liability offence

(3) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 50 penalty units.

Civil penalty provision

(4) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 500 penalty units.

171 Requirement for daily geological report

(1) If a greenhouse gas titleholder:

(a) undertakes drilling operations in the title area on a day (an operation day); and

(b) generates or obtains geological information on the operation day in relation to the drilling operations;

the titleholder must give the Titles Administrator a daily geological report by midday on the first business day after the operation day.

Strict liability offence

(2) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 50 penalty units.

Civil penalty provision

(3) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 500 penalty units.

Definitions

(4) In this section:

daily geological report means a report that includes the following information:

(a) all geological information generated or obtained on the operation day;

(b) the name of the well or borehole associated with the drilling operations;

(d) the title in which the well is located;

(e) the purpose of the well (for example, development, appraisal or exploration);

(f) a description of the work carried out on the operation day;

(g) the water depth at the well;

(h) the drilled depth of the well;

(i) any other information the titleholder considers relevant.

geological information means any of the following:

(a) information about the lithology of formations penetrated;

(b) details of any indication of hydrocarbons encountered;

(d) the estimated depth of the formation or reservoir top or tops;

(e) if the formation or reservoir has been encountered on or before the operation day—the actual depth of the formation or reservoir top or tops;

(f) the estimated or measured formation or reservoir pressure;

(g) information about any testing conducted on the operation day, including a description of the equipment used to conduct the testing;

(h) information about any surveys conducted on the operation day;

(i) information about any samples collected on the operation day.

172 Requirement for initial well completion report and data

Scope

(1) This section applies if a greenhouse gas titleholder undertakes drilling operations in the title area.

Requirement

(2) The greenhouse gas titleholder must give the Titles Administrator a report (an initial well completion report), that includes the information specified in the table in subsection (6), and all initial well completion data within:

(a) 12 months after the rig release date; or

(b) if the Titles Administrator agrees, in writing, to another period—within that other period.

Strict liability offence

(3) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 50 penalty units.

Civil penalty provision

(4) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 500 penalty units.

Initial well completion data

(a) raw data, edited field data and processed data for all wireline logs, measurements while drilling (MWD) logs or logging while drilling (LWD) logs;

(b) log displays;

(d) mudlogging data;

(e) mudlog display;

(f) data from velocity surveys (if generated) including:

(i) raw data; and

(ii) processed data; and

(iii) checkshot and time/depth analysis;

(g) velocity survey displays;

(h) photography of the core and sidewall core, in both natural and UV light.

(6) For the purposes of subsection (2), an initial well completion report must include the information specified in the following table.

Information for initial well completion reports
Item	Information required
1	The name of the well associated with the drilling operations
2	The title in which the well is located
3	The location of the well, in the form of: (a) latitude and longitude; and (b) map sheet name and graticular block number; and (c) seismic line location and shotpoint number; and (d) geographic coordinates and the related datum used in reference to the coordinates
4	If a sidetrack is drilled—the name of the parent well
5	The names of the rig contractor and rig operator
6	The name of the rig drilling the well
7	The rig’s make and model
8	The names of the contractors for: (a) cementing; and (b) wireline logging; and (c) measurements while drilling (MWD); and (d) logging while drilling (LWD); and (e) mudlogging
9	The purpose of the well
10	Names of measurements while drilling (MWD) and logging while drilling (LWD) tools used
11	List of log runs for wireline logging and velocity surveys
12	Raw pressure‑time listings for any formation fluid sample tests and production tests
13	Either: (a) the spud date; or (b) if the well is a sidetrack—the kick off date
14	The rig release date
15	What is being used as the depth reference for the well (for example, the rotary table or the rig floor)
16	The height of the depth reference above sea level
17	The water depth at the well
18	The measured depth of the well
19	The true vertical depth of the well
20	If applicable, the depth of perforation in the storage formation
21	The date on which the total depth was reached
22	If the well is deviated or horizontal: (a) the surveyed path of the well, including the geographic coordinates of the path and the related datum used in reference to the coordinates; and (b) the geographic coordinates of the bottom of the well bore; and (c) if applicable, the geographic coordinates and true vertical depth of the intersection of the well with the storage formation
23	Particulars of equipment and casing installed on or in the well, including schematics as built or executed
24	If applicable, information on cementing operations and schematics of permanent abandonment
25	Bit records
26	Drilling fluids used in the drilling operations
27	Details of drilling fluid losses during the drilling operations
28	The results of a check survey of the location of: (a) for a subsea well—the wellhead; or (b) in any other case—the top of the casing supporting the blow‑out preventer
29	The outcome of the well operation (for example, completion of the well as an injector, suspension or permanent abandonment)
30	List of cores, cuttings and samples collected, and their depths and intervals
31	List of hydrocarbon and water samples collected
32	As an appendix to the report, all daily drilling reports given to the Titles Administrator under section 170 in relation to the well
33	As an appendix to the report, any end of well reports provided to the titleholder by a contractor in relation to the well
34	As an appendix to the report, all daily geological reports given to the Titles Administrator under section 171 in relation to the well, with the following information removed or redacted from the daily geological reports: (a) the actual depth of the formation or reservoir top or tops; (b) the estimated or measured formation or reservoir pressure
35	Well test reporting and associated digital data

173 Requirement for final well completion report and data

Scope

(1) This section applies if a greenhouse gas titleholder undertakes drilling operations in the title area.

Requirement

(2) The greenhouse gas titleholder must give the Titles Administrator a report (a final well completion report), that includes the information specified in the table in subsection (6), and all final well completion data within:

(a) 18 months after the rig release date; or

(b) if the Titles Administrator agrees, in writing, to another period—that other period.

Strict liability offence

(3) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 50 penalty units.

Civil penalty provision

(4) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 500 penalty units.

Final well completion data

(a) interpretative log analysis;

(b) composite well log;

(d) petrophysical, geochemical or other sample analyses.

(6) For the purposes of subsection (2), a final well completion report must include the information specified in the following table.

Information for final well completion reports
Item	Information required
1	The name of the well associated with the drilling operations
2	The title in which the well is located
3	The location of the well, in the form of: (a) latitude and longitude; and (b) map sheet name and graticular block number; and (c) seismic line location and shotpoint number; and (d) geographic coordinates and the related datum used in reference to the coordinates
4	If a sidetrack is drilled—the name of the parent well
5	The names of the rig contractor and rig operator
6	The name of the rig drilling the well
7	The rig’s make and model
8	The names of the contractors for: (a) cementing; and (b) wireline logging; and (c) measurements while drilling (MWD); and (d) logging while drilling (LWD); and (e) mudlogging
9	The purpose of the well
10	Names of measurements while drilling (MWD) and logging while drilling (LWD) tools used
11	List of log runs for wireline logging and velocity surveys
12	Raw pressure‑time listings for any formation fluid sample tests and production tests
13	Either: (a) the spud date of the well; or (b) if the well is a sidetrack—the kick off date of the sidetrack
14	The rig release date
15	What is being used as the depth reference for the well (for example, the rotary table or the rig floor)
16	The height of the depth reference above sea level
17	The water depth at the well
18	The measured depth of the well
19	The true vertical depth of the well
20	If applicable, the depth of perforation in the storage formation
21	The date on which the total depth was reached
22	If the well is deviated or horizontal: (a) the surveyed path of the well, including the geographic coordinates of the path and the related datum used in reference to the coordinates; and (b) the geographic coordinates of the bottom of the well bore; and (c) if applicable, the geographic coordinates and true vertical depth of the intersection of the well with the storage formation
23	Particulars of equipment and casing installed on or in the well, including schematics as built or executed
24	If applicable, information on cementing operations and schematics of permanent abandonment
25	Bit records
26	Drilling fluids used in the drilling operations
27	Details of drilling fluid losses during the drilling operations
28	The results of a check survey of the location of: (a) for a subsea well—the wellhead; or (b) in any other case—the top of the casing supporting the blow‑out preventer
29	List of cores, cuttings and samples collected, and their depths and intervals
30	The outcome of the well operation (for example, completion of the well as an injector, suspension or permanent abandonment of the well)
31	Details of any hydrocarbon indications
32	The measured depth and true vertical depth of marker horizons or formation tops
33	Geological interpretations of the observations made as a result of drilling the well, including: (a) lithology; and (b) stratigraphy; and (c) storage formation properties and quality; and (d) geochemistry of formation rocks (if available); and (e) environment of deposition (if available)
34	Wireline formation test results
35	Injection test results
36	Core analysis
37	If the well is an exploration well: (a) the relevance of the observations and interpretations to the evaluation of the greenhouse gas storage potential of the area; and (b) if observations of hydrocarbons are made—the relevance of the observations and interpretations of those observations to the evaluation of the hydrocarbon potential of the area
38	Any conclusions or interpretations drawn from analysis of the final well completion data
39	As an appendix to the report, any end of well reports provided to the titleholder by a contractor in relation to the well, that have not otherwise been provided to the Titles Administrator

Subdivision C—Reports about geophysical and geological surveys

174 Requirement for weekly survey report

Scope

(1) This section applies if a greenhouse gas titleholder conducts a geophysical or geological survey in the title area.

Requirement

(2) The greenhouse gas titleholder must give the Titles Administrator a report (a weekly survey report), that includes the information specified in subsection (3), as soon as practicable after the end of each week of the survey.

(3) For the purposes of subsection (2), a weekly survey report must include the following information:

(a) the name of the survey;

(b) the title under which the survey is being conducted;

(d) if a contractor is conducting the survey for or on behalf of the titleholder—the name of the contractor;

(e) if a vessel or aircraft was used to conduct the survey or part of the survey during the week—the name of the vessel or aircraft;

(f) if the survey was wholly or partly conducted using another means during the week—a description of how the survey or part of the survey was conducted;

(g) a georeferenced map showing where the survey was conducted during the week;

(h) the number of kilometres or square kilometres for which data was acquired during the week;

(i) the number of points at which data was acquired during the week;

(j) the number of lines of data acquired during the week;

(k) the amount of downtime during the week due to equipment problems, bad weather or other circumstances;

(l) the percentage of the survey completed at the end of the week.

Strict liability offence

(4) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 50 penalty units.

Civil penalty provision

(5) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 500 penalty units.

Week of the survey

(6) For the purposes of this section, week of the survey means:

(a) the week starting on the first day of data acquisition; and

(b) each subsequent week.

175 Requirement for survey acquisition report and data

Scope

(1) This section applies if a greenhouse gas titleholder conducts a geophysical or geological survey in the title area.

Requirement

(2) The greenhouse gas titleholder must give the Titles Administrator a report (a survey acquisition report), that includes the information specified in subsection (3), and all survey acquisition data for the survey within:

(a) 18 months after the day that the acquisition of the data is completed; or

(b) if the Titles Administrator agrees, in writing, to another period—that other period.

(3) For the purposes of subsection (2), a survey acquisition report must include the following information:

(a) the name of the survey conducted;

(b) the title under which the survey was conducted;

(d) the name of the contractor that conducted the survey;

(e) if a vessel or aircraft was used to conduct the survey or part of the survey—the name of the vessel or aircraft;

(f) if the survey was wholly or partly conducted using another means—a description of how the survey or part of the survey was conducted;

(g) a georeferenced map of where the survey was conducted;

(h) the dates on which the survey started and ended;

(i) the line numbering convention;

(j) details of all data acquisition equipment and systems used;

(k) details of all positioning and navigation equipment and systems used;

(l) the number of lines of data acquired in the survey and the number of data acquisition points along each line;

(m) navigation data for the survey, in the form of:

(i) for a 2‑dimensional survey—line ends and bends; or

(ii) for a 3‑dimensional seismic survey—a full fold polygon outline; or

(iii) for any other survey—a polygon outline;

(n) the geometry of the acquisition parameters;

(o) the results of any onboard data processing;

(p) the results of any system tests, calibrations and diagnostics.

Strict liability offence

(4) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 50 penalty units.

Civil penalty provision

(5) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 500 penalty units.

Survey acquisition data

(6) For the purposes of this section, survey acquisition data means either:

(i) raw navigation data;

(ii) seismic field data;

(iii) seismic support data;

(iv) itemised field tape listing showing tape number, survey name, line number, shotpoint range and data type; or

(b) for any other type of survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:

(i) field data;

(ii) field support and navigation data.

176 Requirement for survey processing report and data

Scope

(1) This section applies if a greenhouse gas titleholder conducts a geophysical or geological survey in the title area.

Requirement

(2) The greenhouse gas titleholder must give the Titles Administrator a report (a survey processing report), that includes the information specified in subsection (3), and all processed survey data within:

(a) 24 months after the day that the acquisition of the data is completed; or

(b) if the Titles Administrator agrees, in writing, to another period—that other period.

(3) For the purposes of subsection (2), a survey processing report must include the following information:

(a) the name of the survey conducted;

(b) the title under which the survey was conducted;

(d) the dates on which processing of the survey data started and ended;

(e) the name of the processing contractor;

(f) the purpose of the processing;

(g) a summary of the data acquisition parameters;

(h) details of all the processing sequences and techniques used;

(i) a sample Extended Binary Coded Decimal Interchange Code (EBCDIC) header from the final data set;

(j) listings of all processed data;

(k) for a seismic survey—a description of the position of the survey polygon.

Strict liability offence

(4) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 50 penalty units.

Civil penalty provision

(5) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 500 penalty units.

Processed survey data

(6) For the purposes of this section, processed survey data means:

(a) for a 2‑dimensional seismic survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:

(i) raw and final stacked data, including near/mid/far sub‑stacks if generated;

(ii) raw and final migrated data, including pre‑stack time migration, pre‑stack depth migration and near/mid/far sub‑stacks;

(iii) final processed navigation, elevation and bathymetry data;

(iv) shotpoint to common depth point relationship;

(v) data for both stacked and migrated velocities, including line number, shotpoint and time versus root mean square pairs;

(vi) itemised process tape listing showing tape number, survey name, line number, shotpoint range, common depth points and data type; or

(b) for a 3‑dimensional seismic survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:

(i) raw and final stacked data, including near/mid/far sub‑stacks if generated;

(ii) raw and final migrated data, including pre‑stack time migration, pre‑stack depth migration and near/mid/far sub‑stacks;

(iii) final processed navigation, elevation and bathymetry data;

(iv) final navigation data in the form of final processed (grid) bin coordinates and polygonal position data (outline of the full fold area);

(v) data for both stacked and migrated velocities, including bin number and time versus root mean square pairs;

(vi) if the 3‑dimensional survey collected data as non‑exclusive data—a 2D data subset;

(vii) itemised process tape listing showing tape number, survey name, in‑lines and crosslines and data type; or

(c) for any other type of survey—the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:

(i) final processed data;

(ii) final processed images.

177 Requirement for survey interpretation report and data

Scope

(1) This section applies if:

(a) a greenhouse gas titleholder conducts a geophysical or geological survey in the title area; or

(b) in compliance with a condition of the title, a greenhouse gas titleholder licenses geophysical or geological survey data, from another person, that was collected from a geophysical or geological survey conducted in the title area.

Requirement

(2) The greenhouse gas titleholder must give the Titles Administrator a report (a survey interpretation report), that includes the information specified in subsection (3), and all interpretative survey data within:

(a) if the titleholder conducts a geophysical or geological survey—30 months after the day that the acquisition of the data is completed; or

(b) if the titleholder licences data from another person—30 months after the day that the data is licensed; or

(3) For the purposes of subsection (2), a survey interpretation report must include the following information:

(a) the name of the survey conducted;

(b) the title under which the survey was conducted;

(d) a description of the objectives of the interpretation of the interpretive survey data;

(e) for a seismic survey:

(i) a list of the surfaces interpreted; and

(ii) a justification of the surfaces interpreted, including synthetic seismograms (if available); and

(iii) a description of the velocity field used to convert domain and the basis for the velocity field; and

(iv) time slices to describe the environment of deposition (if available);

(f) a bathymetric map of the survey area;

(g) an index of the maps created during the interpretation.

Strict liability offence

(4) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 50 penalty units.

Civil penalty provision

(5) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 500 penalty units.

Interpretative survey data

(a) digital images of interpreted maps;

(b) velocity data used to convert domain.

Subdivision D—Reports about reprocessing of survey data

178 Requirement for survey reprocessing report and data

Scope

(1) This section applies if a greenhouse gas titleholder undertakes a reprocessing project under which data collected from, or generated in relation to, one or more surveys is reprocessed in compliance with a condition of the title.

Requirement

(2) The titleholder must give the Titles Administrator a report (a survey reprocessing report), that includes the information specified in subsection (3), and all reprocessed survey data within:

(a) 24 months after the day that the reprocessing of the data commenced; or

(b) if the Titles Administrator agrees, in writing, to another period—that other period.

(3) For the purposes of subsection (2), a survey reprocessing report must include the following information:

(a) the name of the reprocessing project;

(b) the name of each survey;

(d) the name of the titleholder who completed the reprocessing of the data;

(e) if a contractor reprocessed the data for or on behalf of the titleholder—the name of the contractor;

(f) the dates on which reprocessing of the survey data started and ended;

(g) the types of reprocessing undertaken and the purpose of the reprocessing;

(h) a summary of the data acquisition parameters of each survey;

(i) details of all the processing sequences and techniques used;

(j) listings of all reprocessed survey data;

(k) a sample Extended Binary Coded Decimal Interchange Code (EBCDIC) header from the final data set;

(l) for 2‑dimensional survey data—line ends and bends;

(m) for 3‑dimensional survey data—bin grid information and a description of the position of the survey polygon.

Strict liability offence

(4) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 50 penalty units.

Civil penalty provision

(5) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 500 penalty units.

Reprocessed survey data

(6) For the purposes of this section, reprocessed survey data means:

(a) for a 2‑dimensional seismic survey—each of the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:

(i) final stacked data, including near/mid/far sub‑stacks if generated;

(ii) final migrated data, including pre‑stack time migration, pre‑stack depth migration and near/mid/far sub‑stacks;

(iii) final navigation, elevation and bathymetry data;

(iv) shotpoint to common depth point relationship;

(v) data for both stacked and migrated velocities, including line number, shotpoint and time versus root mean square pairs;

(vi) itemised tape listing showing tape number, survey name, line number, shotpoint range, common depth points and data type; or

(b) for a 3‑dimensional seismic survey—each of the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:

(i) final stacked data, including near/mid/far sub‑stacks if generated;

(ii) final migrated data, including pre‑stack time migration, pre‑stack depth migration and near/mid/far sub‑stacks;

(iii) final navigation, elevation and bathymetry data;

(iv) final navigation data in the form of final (grid) bin coordinates and polygonal position data (outline of the full fold area);

(v) data for both stacked and migrated velocities, including bin number and time versus root mean square pairs;

(vi) itemised tape listing showing tape number, survey name, in‑lines and crosslines and data type; or

(c) for any other type of survey—each of the following types of data, presented on the medium and in the format specified for the type of data by the Titles Administrator under section 188:

(i) final processed data;

(ii) final processed images.

179 Requirement for survey reprocessing interpretation report and data

Scope

Requirement

(2) The greenhouse gas titleholder must give the Titles Administrator a report (a survey reprocessing interpretation report), that includes the information specified in subsection (3), and all interpretative survey reprocessing data within:

(a) 30 months after the day that the reprocessing of the data commenced; or

(b) if the Titles Administrator agrees, in writing, to another period—that other period.

(3) For the purposes of subsection (2), a survey reprocessing interpretation report must include the following information:

(a) the name of the reprocessing project;

(b) the name of each survey;

(d) the name of the titleholder who completed the reprocessing of the data;

(e) a description of the objectives of the interpretation;

(f) for a seismic survey:

(i) a list of the surfaces interpreted; and

(ii) a justification of the surfaces interpreted, including synthetic seismograms (if available); and

(iii) the velocity field used to convert domain and the basis for the velocity field; and

(iv) time slices to describe the environment of deposition (if available);

(g) a bathymetric map of the reprocessed area;

(h) an index of the maps created during the interpretation.

Strict liability offence

(4) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (2).

Penalty: 50 penalty units.

Civil penalty provision

(5) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (2).

Civil penalty: 500 penalty units.

Interpretative survey reprocessing data

(a) digital images of interpreted maps;

(b) velocity data used to convert domain.

Subdivision E—Other reports

180 Requirement for daily workover report

(1) A greenhouse gas titleholder who undertakes workover operations in the title area on a day (a workover day) must give the Titles Administrator a report (a daily workover report), that includes the information specified in subsection (2), by midday on the first business day after the workover day.

(2) For the purposes of subsection (1), a daily workover report must include the following information:

(a) the name of the well associated with the workover operations undertaken on the workover day;

(b) the location of the well by latitude and longitude;

(d) the title in which the well is located;

(e) the purpose of the workover operations, and the type and phase of intervention;

(f) the water depth at the well;

(g) the name of the rig drilling the well;

(h) the re‑entry date;

(i) what is being used as the depth reference for the well (for example, the rotary table or the rig floor);

(j) the well casing diameter, in either inches or centimetres;

(k) mud type and weight;

(l) details of any well integrity operations carried out on the workover day;

(m) details of any changes made to well zones on the workover day;

(n) details of any equipment replacement and installation carried out on the workover day;

(o) details of data acquired on the workover day;

(p) details of any wireline work carried out on the workover day;

(q) the estimated daily and cumulative well costs;

(r) any other information the titleholder considers relevant.

Strict liability offence

(3) A greenhouse gas titleholder commits an offence of strict liability if the titleholder contravenes subsection (1).

Penalty: 50 penalty units.

Civil penalty provision

(4) A greenhouse gas titleholder is liable to a civil penalty if the titleholder contravenes subsection (1).

Civil penalty: 500 penalty units.

Subdivision F—Other reports for greenhouse gas injection licensees

181 Requirement for monthly greenhouse gas injection report

(1) A greenhouse gas injection licensee must give the Titles Administrator a report (a monthly greenhouse gas injection report) for each calendar month, that includes the information specified in subsection (2), within 15 days after the last day of the calendar month.

(2) For the purposes of subsection (1), a monthly greenhouse gas injection report must include the following information:

(a) for each well, whether in or outside the licence area, used in relation to the injection of greenhouse gas substances into an identified greenhouse gas storage formation situated in the licence area:

(i) the well’s identification name and number; and

(ii) a summary of all work that has been performed on, or in relation to, the well during the month; and

(iii) the results of any tests conducted during the month; and

(iv) the well’s operational status at the end of the month; and

(v) the average, maximum and minimum values during the month for injection pressure, temperature and flow rate, at both the wellhead and the bottom of the well bore; and

(vi) if the well was shut at any time during the month—the shut‑in wellhead pressure; and

(vii) the number of days of greenhouse gas injection during the month; and

(viii) the total quantity of each greenhouse gas substance injected into the formation during the month; and

(ix) the total quantity of water that has been produced from, or injected into, the formation during the month; and

(x) the total quantity of each other substance injected into the formation during the month (if any) for the purposes of monitoring the location and movement of greenhouse gas substances in the formation; and

(xi) any other data in relation to the well that was recorded for the purposes of monitoring the formation;

(b) the total quantity of each greenhouse gas substance injected into each identified greenhouse gas storage formation situated in the licence area during the month;

(c) the total quantity of water that has been produced from, or injected into, each identified greenhouse gas storage formation situated in the licence area during the month;

(d) the average composition of each greenhouse gas substance injected into identified greenhouse gas storage formations situated in the licence area during the month, including the amount of any incidental greenhouse gas‑related substances;

(e) the sources of the greenhouse gas substances injected during the month;

(f) the estimated average pressure during the month of each identified greenhouse gas storage formation situated in the licence area.

Note: Incidental greenhouse gas‑related substance is defined in section 23 of the Act.

Strict liability offence

(3) A greenhouse gas injection licensee commits an offence of strict liability if the licensee contravenes subsection (1).

Penalty: 50 penalty units.

Civil penalty provision

(4) A greenhouse gas injection licensee is liable to a civil penalty if the licensee contravenes subsection (1).

Civil penalty: 500 penalty units.

182 Requirement for annual greenhouse gas injection report

(1) A greenhouse gas injection licensee must give the Titles Administrator a report (an annual greenhouse gas injection report) for each financial year, that includes the information specified in subsection (2), within 30 days after the last day of the financial year.

(2) For the purposes of subsection (1), an annual greenhouse gas injection report must include the following information:

(a) a description of:

(i) each activity that the licensee carried out in, or in relation to, the licence area during the year in compliance with a condition of the licence; and

(ii) the total expenditure incurred for the work during the year; and

(iii) the results of maintenance operations and well bore integrity tests conducted during the year;

(b) a description of each activity, and the total expenditure incurred for each activity, that the licensee carried out in, or in relation to, the licence area during the year in relation to the following:

(i) the exploration for, and appraisal of, additional potential greenhouse gas storage formations or eligible greenhouse gas storage formations in the licence area;

(ii) the exploration for, and appraisal of, additional potential greenhouse gas injection sites in the licence area;

(iii) the development of any identified greenhouse gas storage formations or potential greenhouse gas injection sites in the licence area;

(d) a summary of the financial performance of the injection and storage of greenhouse gas substances in each identified greenhouse gas storage formation situated in the licence area during the year;

(e) a description of the technical performance of injection into each identified greenhouse gas storage formation situated in the licence area during the year, including:

(i) the amount of greenhouse gas substances injected during the year into each identified greenhouse gas storage formation situated in the licence area; and

(ii) the amount of each substance produced from a reservoir during the year;

(f) an injection forecast for each identified greenhouse gas storage formation for which an approved site plan is in force;

(g) details about any of the following that are situated in the licence area:

(i) potential greenhouse gas storage formations;

(ii) eligible greenhouse gas storage formations;

(iii) potential greenhouse gas injection sites;

(h) if the year is not the first year of the term of the title for the licence—the following information about each identified greenhouse gas storage formation in the licence area for which a declaration under section 312 or 312A of the Act is in force:

(i) a description of the formation;

(ii) any new information relating to the evaluation of the formation;

(iii) an estimate of the storage capacity of the formation at the end of the previous year of the term of the title;

(v) the cumulative quantity of water produced from the formation during the year;

(vi) the cumulative quantity of water injected into the formation during the year;

(i) a description of each activity, and the estimated expenditure for each activity, that the licensee intends to carry out in later years of the term of the title (or any other period during which the licence is in force) in relation to:

(i) the exploration for, and appraisal of, additional potential greenhouse gas storage formations or eligible greenhouse gas storage formations in the licence area; and

(ii) the development of any identified greenhouse gas storage formations in the licence area or the management of greenhouse gas storage formations in the licence area;

(j) a description of the measures taken by the licensee to prepare for the activities that the licensee intends to carry out in the next year of the term of the title (if any);

(k) for each identified greenhouse gas storage formation situated in the licence area—all data, results, conclusions and interpretations derived from monitoring activities conducted during the year, including an assessment of the consistency between the latest interpreted location and movement of the greenhouse gas substances injected against expected behaviour described in the approved site plan for the formation;

(l) annual cash flow and capital expenditure forecasts for each year during which operations will be, or are expected to be, undertaken in relation to an identified greenhouse gas storage formation situated in the licence area (including operations relating to decommissioning);

(m) the date on which the licensee estimates that greenhouse gas injection activities in the licence area will cease;

(n) details of the licensee’s plans in relation to any wells that have been drilled in the licence area from the time the licence was granted until the end of year;

(o) details of any insurance the licensee maintains in compliance with any condition of the licence requiring the maintenance of insurance;

(p) details of any security that is taken to be in force under section 31 of the Act, including the form and the amount of the security;

(q) any other information that is required to be included in the report by a condition of the licence;

(r) a list of the reports submitted to the Titles Administrator in accordance with this instrument during the year.

Note: Incidental greenhouse gas‑related substance is defined in section 23 of the Act.

Strict liability offence

(3) A greenhouse gas injection licensee commits an offence of strict liability if the licensee contravenes subsection (1).

Penalty: 50 penalty units.

Civil penalty provision

(4) A greenhouse gas injection licensee is liable to a civil penalty if the licensee contravenes subsection (1).

Civil penalty: 500 penalty units.

183 Requirement for monthly greenhouse gas accounting report

(1) A greenhouse gas injection licensee must give the Titles Administrator a report (a monthly greenhouse gas accounting report) for each calendar month, that includes the information specified in subsection (2), within 15 days after the last day of the calendar month.

(2) For the purposes of subsection (1), a monthly greenhouse gas accounting report must include the following information:

(a) a summary of each greenhouse gas injection and storage project in the licence area, including the following:

(i) the location of each project;

(ii) the arrangements for ongoing monitoring of the greenhouse gas substances injected into identified greenhouse gas storage formations in the licence area;

(b) the fundamental suitability determinants of each identified greenhouse gas storage formation situated in the licence area;

(d) the quantity of greenhouse gas substances that have been put into the system, as measured at:

(i) the source of the greenhouse gas substances; or

(ii) if the greenhouse gas substances become the responsibility of the licensee at a point other than its source—that point;

(e) the quantity of greenhouse gas substances measured at the last measuring point before injection;

(f) the average composition of each greenhouse gas substance injected into identified greenhouse gas storage formations situated in the licence area during the month, including the amount of any incidental greenhouse gas‑related substances;

(g) the maximum and minimum injection rates during the month;

(h) the quantity of the greenhouse gas substances lost, and emissions of additional greenhouse gases generated, during the month in each of the following processes:

(i) compression;

(ii) transportation;

(iii) injection;

(i) the quantity of greenhouse gas substances lost from any well bore during the month;

(j) the quantity of greenhouse gas substances lost from the storage formation during the month;

(k) the quantity of greenhouse gases emitted from the discharge of produced formation fluids during the month;

(l) an explanation of how each of the quantities mentioned in paragraphs (h) to (k) were worked out.

Note 1: The responsible Commonwealth Minister or the Titles Administrator must make the information in the report publicly known within 15 days after the Titles Administrator receives the report: see section 201.

Note 2: Incidental greenhouse gas‑related substance is defined in section 23 of the Act.

Strict liability offence

(3) A greenhouse gas injection licensee commits an offence of strict liability if the licensee contravenes subsection (1).

Penalty: 50 penalty units.

Civil penalty provision

(4) A greenhouse gas injection licensee is liable to a civil penalty if the licensee contravenes subsection (1).

Civil penalty: 500 penalty units.

184 Requirement for annual greenhouse gas accounting report

(1) A greenhouse gas injection licensee must give the Titles Administrator a report (an annual greenhouse gas accounting report) for each financial year, that includes the information specified in subsection (2), within 4 months after the last day of the financial year.

(2) For the purposes of subsection (1), an annual greenhouse gas accounting report must include the following information:

(a) for each greenhouse gas injection and storage project in the licence area, a summary of the project that includes the following:

(i) the location of the project;

(ii) the arrangements for ongoing monitoring of the behaviour of greenhouse gas substances injected into the identified greenhouse gas storage formation concerned;

(b) the fundamental suitability determinants of each identified greenhouse gas storage formation situated in the licence area;

(d) the quantity of greenhouse gas substances injected into each greenhouse gas storage formation situated in the licence area during the year;

(e) the cumulative quantity of greenhouse gas substances stored in all greenhouse gas storage formations situated in the licence area as at the end of the year;

(f) the quantity of the greenhouse gas substances lost, and emissions of additional greenhouse gases generated, during the year in each of the following processes:

(i) compression;

(ii) transportation;

(iii) injection;

(g) the quantity of greenhouse gas substances lost from any well bore during the year;

(h) the quantity of greenhouse gas substances lost from each identified greenhouse gas storage formation situated in the licence area during the year;

(i) an explanation of how each of the quantities mentioned in paragraphs (f) to (h) were worked out;

(j) an assessment of the accuracy of the measurement or estimation of the quantities of the greenhouse gas substances mentioned in paragraphs (d) to (h);

(k) a description of activities undertaken during the year to monitor:

(i) the behaviour of greenhouse gas substances stored in each identified greenhouse gas storage formation situated in the licence area; and

(ii) the loss of greenhouse gas substances from each identified greenhouse gas storage formation situated in the licence area; and

(iii) the loss of greenhouse gas substances during transportation and injection; and

(iv) the loss of greenhouse gas substances from well bores in connection with identified greenhouse gas storage formations in the licence area;

(l) in relation to the activities undertaken during the year to monitor the behaviour of greenhouse gas substances stored in each identified greenhouse gas storage formation situated in the licence area:

(i) the results of those monitoring activities; and

(ii) the interpretation of those results, including whether the greenhouse gas substances are behaving as predicted in the approved site plan for the identified greenhouse gas storage formation concerned.

Note: The responsible Commonwealth Minister or the Titles Administrator must make the information in the report publicly known within 30 days after the Titles Administrator receives the report: see section 201.

Strict liability offence

(3) A greenhouse gas injection licensee commits an offence of strict liability if the licensee contravenes subsection (1).

Penalty: 50 penalty units.

Civil penalty provision

(4) A greenhouse gas injection licensee is liable to a civil penalty if the licensee contravenes subsection (1).

Civil penalty: 500 penalty units.

Subdivision G—Cores, cuttings and samples

185 Requirement to give certain cores, cuttings or samples

Scope

(1) This section applies if a greenhouse gas titleholder:

(a) drills a well or conducts another operation in the title area; and

(b) collects a kind of core, cutting or sample mentioned in column 1 of an item of the table in subsection (4).

Specified quantity of core, cutting or sample must be given if available

(2) If the quantity of the core, cutting or sample specified in column 2 of the item is available to the greenhouse gas titleholder, the titleholder must give that specified quantity to the Titles Administrator:

(a) before the end of the day specified in column 3 of the item; or

(b) if the Titles Administrator agrees, in writing, to another time—before that time.

Note: Division 3 sets out requirements for the collection and retention of cores, cuttings and samples.

(3) Subsection (2) does not apply to a greenhouse gas titleholder if: