Offshore Petroleum and Greenhouse Gas Storage (Territory of Ashmore and Cartier Islands Offshore Petroleum Joint Authority) Delegation 2023
I, Madeleine King, 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 to the person from time to time holding, occupying or performing the duties of General Manager, Offshore Resources Branch, Department of Industry, Science and Resources of the Commonwealth of Australia.
Dated: 21 September 2023
(Signed by Madeleine King)
Madeleine King
Minister for Resources
(the responsible Commonwealth Minister)
Overview
The Offshore Petroleum and Greenhouse Gas Storage (Territory of Ashmore and Cartier Islands Offshore Petroleum Joint Authority) Delegation 2023, enacted in 2023, aims to address the need for streamlined delegation of authority concerning offshore petroleum activities within the Territory of Ashmore and Cartier Islands. This legislative instrument was introduced to provide a more efficient administrative framework for the management of these offshore resources. The enactment was authorised by Madeleine King, the Minister for Resources, who revoked all existing instruments of delegation for the Territory of Ashmore and Cartier Islands Offshore Petroleum Joint Authority under the Offshore Petroleum and Greenhouse Gas Storage Act 2006. The policy objective is to delegate all functions and powers of the Joint Authority under the Act to the person currently serving as the General Manager of the Offshore Resources Branch within the Department of Industry, Science and Resources of the Commonwealth of Australia, thereby enhancing operational efficiency and governance in managing the offshore petroleum 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 2023, signed by the Minister for Resources, Madeleine King, represents a significant administrative shift in the governance of offshore petroleum and greenhouse gas storage activities within the Territory of Ashmore and Cartier Islands. This instrument revokes all prior delegations made under section 68 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, thereby consolidating authority and responsibilities. It delegates all functions and powers of the Joint Authority under the Act and any regulations made under it to the General Manager of the Offshore Resources Branch within the Department of Industry, Science and Resources of the Commonwealth of Australia. This delegation applies to the conduct and transactions associated with offshore petroleum activities and greenhouse gas storage within the designated territory, ensuring streamlined management and oversight by the relevant federal authority. The Act applies to any entities or individuals involved in offshore petroleum and greenhouse gas storage operations within the Territory of Ashmore and Cartier Islands, effectively centralising control and execution of the Joint Authority's functions within the Commonwealth framework.
Key Provisions
The Offshore Petroleum and Greenhouse Gas Storage (Territory of Ashmore and Cartier Islands Offshore Petroleum Joint Authority) Delegation 2023 revokes existing delegations under section 68 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (paragraph (a)) and subsequently delegates all functions and powers of the Joint Authority to the General Manager of the Offshore Resources Branch, Department of Industry, Science and Resources (paragraph (b)). The revocation of existing instruments, as specified under subsection 33(3) of the Acts Interpretation Act 1901, ensures that any prior delegations are no longer in effect. This comprehensive delegation of authority under section 68 of the Act enables the General Manager to perform all duties associated with the management and oversight of offshore petroleum activities within the Territory of Ashmore and Cartier Islands.
The obligations imposed by this delegation on the General Manager are extensive. They include the administration and enforcement of the Act and its regulations, which involves the management of applications for exploration, drilling, production, and storage of greenhouse gases. The General Manager must ensure compliance with the environmental and safety standards set out in the Act, and must also facilitate the issuance of permits and licenses necessary for offshore activities. Additionally, the General Manager is responsible for resolving disputes and ensuring that the Joint Authority's operations are conducted in a manner that is both environmentally sustainable and economically beneficial.
Failure to comply with the provisions of the Act and the regulations can lead to significant legal consequences. Civil penalties may be imposed for breaches, including fines that can amount to up to $1,215,000 for corporations and $243,000 for individuals, as stipulated in the relevant sections of the Act. Criminal offences may also arise, particularly in cases of gross negligence or wilful misconduct. Individuals found guilty of serious breaches may face imprisonment for up to five years. These penalties underscore the seriousness with which the Act treats non-compliance, aiming to enforce high standards of safety and environmental protection in offshore petroleum activities.