Offshore Petroleum and Greenhouse Gas Storage (Territory of Ashmore and Cartier Islands Offshore Petroleum Joint Authority) Delegation 2020
I, Keith Pitt, the responsible Commonwealth Minister, as the Territory of Ashmore and Cartier Islands Offshore Petroleum Joint Authority:
(a) under subsection 33(3) of the Acts Interpretation Act 1901, revoke all existing instruments of delegation for the Territory of Ashmore and Cartier Islands Offshore Petroleum Joint Authority made under section 68 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (the Act); and
(b) under section 68 of the Act, delegate all the functions and powers of the Joint Authority under the Act and the regulations made under the Act (other than the power to delegate Joint Authority functions or powers under section 68 of the Act) to the person from time to time occupying or performing the duties of General Manager, Offshore Resources Branch, Resources Division, Department of Industry, Science, Energy and Resources of the Commonwealth of Australia.
Keith Pitt | |
Minister for Resources, Water and Northern Australia (the responsible Commonwealth Minister) | |
Dated 11 May 2020 (signed by Keith Pitt) | |
Overview
The Offshore Petroleum and Greenhouse Gas Storage (Territory of Ashmore and Cartier Islands Offshore Petroleum Joint Authority) Delegation 2020 was enacted in 2020 to address the need for an efficient delegation of functions and powers under the Offshore Petroleum and Greenhouse Gas Storage Act 2006. This piece of legislation was introduced by the Australian Parliament to streamline administrative processes related to offshore petroleum and greenhouse gas storage activities in the Territory of Ashmore and Cartier Islands. The policy objective of this delegation is to ensure that the Joint Authority's functions and powers are effectively managed and executed by the General Manager, Offshore Resources Branch, Resources Division, Department of Industry, Science, Energy and Resources, thereby enhancing the operational efficiency of the Joint Authority. By revoking existing delegation instruments and delegating the relevant functions and powers to the General Manager, this legislation aims to facilitate a more coordinated and effective governance structure for offshore activities in the designated territory.
Scope and Application
The Offshore Petroleum and Greenhouse Gas Storage (Territory of Ashmore and Cartier Islands Offshore Petroleum Joint Authority) Delegation 2020 applies to the functions and powers of the Joint Authority established under the Offshore Petroleum and Greenhouse Gas Storage Act 2006. This delegation is focused on the management of offshore petroleum activities and greenhouse gas storage within the territorial jurisdiction of the Ashmore and Cartier Islands, which are Australian territories in the Indian Ocean. The Act revokes all previous delegations made under section 68 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and reassigns the Joint Authority’s functions and powers to the General Manager of the Offshore Resources Branch within the Department of Industry, Science, Energy and Resources of the Commonwealth. This reassignment applies to the management and oversight of offshore petroleum operations and greenhouse gas storage activities within the Ashmore and Cartier Islands. The delegation extends to the administration of all related regulatory functions and powers, ensuring that the General Manager has the authority to make decisions and implement measures as necessary within the scope of the Act. This legislative instrument operates under the Commonwealth's jurisdiction and is specific to the offshore territories of Ashmore and Cartier Islands, without any stated exclusions or exemptions within its purview.
Key Provisions
The main operative sections of the Offshore Petroleum and Greenhouse Gas Storage (Territory of Ashmore and Cartier Islands Offshore Petroleum Joint Authority) Delegation 2020 involve the revocation of all existing delegations for the Territory of Ashmore and Cartier Islands Offshore Petroleum Joint Authority under section 68 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (subsection 33(3) of the Acts Interpretation Act 1901), and the delegation of all functions and powers of the Joint Authority under the Act and its regulations to the General Manager of the Offshore Resources Branch, Resources Division, Department of Industry, Science, Energy and Resources of the Commonwealth of Australia (section 68 of the Act).
This delegation sets forth the obligations and requirements imposed on the Joint Authority and the General Manager, primarily concerning the administration and management of offshore petroleum activities and greenhouse gas storage within the designated territory. The General Manager, as the delegated authority, must ensure compliance with the Act and its regulations, which include licensing, environmental protection, and safety standards. The Joint Authority, through its designated representative, is required to oversee and regulate the exploration, development, and production of offshore petroleum resources, as well as the storage of greenhouse gases, within the territorial waters of the Ashmore and Cartier Islands.
The Act also includes provisions for offences, penalties, and consequences for breaches of its regulations. Non-compliance with the Act can result in both civil and criminal penalties. For example, significant breaches may lead to fines up to a specified maximum amount, as outlined in the Act. Additionally, individuals or entities found to be in violation of the regulations may face legal action, including potential imprisonment, depending on the severity and nature of the breach. These penalties are intended to enforce adherence to the environmental and safety standards set forth in the Act, ensuring the sustainable and responsible management of offshore petroleum activities and greenhouse gas storage in the designated area.