Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Amendment Act 2009

Administered by Department of Industry, Science and Resources

Legislation au C2009A00103 Not in force Act

Legislation content

 

 

 

 

 

 

Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Amendment Act 2009

 

No. 103, 2009

 

 

 

 

 

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

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Part 1—Safety case levy

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

Part 2—Pipeline safety management plan levy

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

Part 3—Transitional

 

 

 

Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Amendment Act 2009

No. 103, 2009

 

 

 

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

[Assented to 8 October 2009]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Amendment Act 2009.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

8 October 2009

2.  Schedule 1, Parts 1 and 2

1 January 2010.

1 January 2010

3.  Schedule 1, Part 3

The day after this Act receives the Royal Assent.

9 October 2009

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

Part 1—Safety case levy

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

1  Subsection 7(3)

Repeal the subsection, substitute:

 (3) Safety case levy imposed by subsection (1) is payable by:

 (a) if the facility is a pipeline subject to a pipeline licence—the licensee of the pipeline licence; or

 (b) otherwise—the operator of the facility.

Note: For collection of safety case levy, see section 687 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

2  Subsection 7(8)

Insert:

pipeline has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and includes a pipeline that is:

 (a) proposed to be constructed or operated; or

 (b) being constructed.

3  Subsection 7(8)

Insert:

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

4  Subsection 8(3)

Repeal the subsection, substitute:

 (3) Safety case levy imposed by subsection (1) is payable by:

 (a) if the facility is a pipeline subject to a pipeline licence—the licensee of the pipeline licence; or

 (b) otherwise—the operator of the facility.

Note: For collection of safety case levy, see section 687 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

5  Subsection 8(8)

Insert:

pipeline has the same meaning as in the applicable State or Territory safety law, and includes a pipeline that is:

 (a) proposed to be constructed or operated; or

 (b) being constructed.

6  Subsection 8(8)

Insert:

pipeline licence has the same meaning as in the applicable State or Territory safety law.

7  Application of amendments

The amendments made by this Part apply in relation to a safety case to the extent to which the safety case is in force at or after the commencement of this item.


Part 2—Pipeline safety management plan levy

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

8  Title

Omit “, safety case levy, and pipeline safety management plan levy”, substitute “and safety case levy”.

9  Section 3 (definition of pipeline safety management plan levy)

Repeal the definition.

10  Part 4

Repeal the Part.

11  Section 11

Omit “, 8, 9 and 10”, substitute “and 8”.

12  Application of amendments

The amendments made by this Part apply in relation to a pipeline safety management plan to the extent to which the plan is in force at or after the commencement of this item.


Part 3—Transitional

13  Transitional—references to the Offshore Petroleum and Greenhouse Gas Storage Act 2006

(1) During the period:

 (a) beginning at the start of 1 July 2008; and

 (b) ending at the end of 21 November 2008;

the Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Act 2003 is taken to have had effect as if each reference in that Act to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 were a reference to the Offshore Petroleum Act 2006.

(2) Subitem (1) is enacted for the avoidance of doubt.

 

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 19 March 2009

Senate on 10 September 2009]

(33/09)

 

Overview

The Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Amendment Act 2009 was enacted by the Parliament of Australia to amend the Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Act 2003. The primary aim of this legislation is to refine and update the regulatory framework governing safety levies associated with offshore petroleum and greenhouse gas storage activities. The Act was assented to on 8 October 2009, with specific provisions coming into effect on various dates as outlined in the commencement section of the Act. The amendments primarily focus on clarifying the payment responsibilities for safety case levies and streamlining the legislative references to better align with contemporary regulatory standards and practices. The policy objective of this Act is to ensure that the safety case and pipeline safety management plan levies are accurately and effectively administered, thereby enhancing the safety and environmental protection measures associated with offshore petroleum and greenhouse gas storage operations. By updating the definitions and responsibilities outlined in the original Act, this amendment aims to provide clearer guidance to operators and licensees, facilitating compliance and enforcement of safety standards.

Scope and Application

The Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Amendment Act 2009 amends the Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Act 2003, primarily affecting entities involved in offshore petroleum activities and greenhouse gas storage operations. The Act applies to persons or entities operating offshore petroleum facilities and those involved in the construction, operation, or management of pipelines for greenhouse gas storage. It imposes safety levies on operators and licensees of pipelines, with specific provisions detailing who is liable for these levies. The geographic reach of the Act is national, applying across Australia’s offshore areas and to any pipeline safety management plans that may be in force. The Act provides for transitional arrangements during a specified period when references to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 are deemed to be references to the Offshore Petroleum Act 2006. The amendments made by this Act extend to safety cases and pipeline safety management plans in force after the Act's commencement, with specific start dates for different provisions outlined in the Act.

Key Provisions

The Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Amendment Act 2009 (the "Act") amends the Offshore Petroleum and Greenhouse Gas Storage (Safety Levies) Act 2003 (the "Principal Act"). It introduces several changes concerning the safety case and pipeline safety management plan levies. The amendments are divided into three parts: safety case levy, pipeline safety management plan levy, and transitional provisions. The safety case levy section (Part 1) modifies the Principal Act to clarify who is responsible for paying the safety case levy. According to sections 1 and 2 of Part 1, the safety case levy is payable by the licensee of the pipeline licence if the facility is a pipeline subject to a pipeline licence, or by the operator of the facility otherwise. Sections 3 and 4 reiterate the same obligations for the safety case levy. Additionally, sections 5 and 6 expand the definition of "pipeline" and "pipeline licence" to include proposed or being constructed pipelines, aligning them with the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and applicable state or territory safety laws. The obligations imposed by the Act on the parties it governs include the responsibility of the pipeline licence holder or facility operator to ensure the safety case levy is paid. This obligation extends to both existing and proposed pipelines, as clarified in sections 1 to 6 of Part 1. The Act also requires these entities to comply with the definitions and terms specified within the Principal Act and other relevant legislation. In terms of consequences for non-compliance, the Act itself does not explicitly detail specific offences, penalties, or civil/criminal consequences. However, the Principal Act, which the Amendment Act references, likely contains provisions regarding enforcement and penalties for non-compliance with levy requirements. Typically, non-payment of levies could result in legal actions, fines, or other penalties as stipulated in the Principal Act. The precise nature and extent of these penalties would need to be referred to in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 or other related legislation.

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Environmental Law
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Repeal & Amendment
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