Offshore Petroleum (Annual Fees) Amendment (Greenhouse Gas Storage) Act 2008

Administered by Department of Industry, Science and Resources

Legislation au C2008A00118 Not in force Act

Legislation content

 

 

 

 

 

 

Offshore Petroleum (Annual Fees) Amendment (Greenhouse Gas Storage) Act 2008

 

No. 118, 2008

 

 

 

 

 

An Act to amend the Offshore Petroleum (Annual Fees) Act 2006, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—General amendments

Offshore Petroleum (Annual Fees) Act 2006

Schedule 2—Amendments to change references to petroleum titles

Offshore Petroleum (Annual Fees) Act 2006

Schedule 3—Amendments to change references to renumbered provisions

Offshore Petroleum (Annual Fees) Act 2006

 

 

 

Offshore Petroleum (Annual Fees) Amendment (Greenhouse Gas Storage) Act 2008

No. 118, 2008

 

 

 

An Act to amend the Offshore Petroleum (Annual Fees) Act 2006, and for related purposes

[Assented to 21 November 2008]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Offshore Petroleum (Annual Fees) Amendment (Greenhouse Gas Storage) Act 2008.

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.

21 November 2008

2.  Schedule 1

At the same time as Schedule 1 to the Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 commences.

22 November 2008

3.  Schedule 2

At the same time as Part 1 of Schedule 2 to the Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 commences.

22 November 2008

4.  Schedule 3

Immediately after the commencement of item 1 of Schedule 4 to the Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008.

22 November 2008

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—General amendments

 

Offshore Petroleum (Annual Fees) Act 2006

1  Title

After “Offshore Petroleum”, insert “and Greenhouse Gas Storage”.

2  Section 1

After “Offshore Petroleum”, insert “and Greenhouse Gas Storage”.

Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901).

3  Section 3

After “Offshore Petroleum” (wherever occurring), insert “and Greenhouse Gas Storage”.

Note: The heading to section 3 is altered by inserting “and Greenhouse Gas Storage” after “Offshore Petroleum”.

4  Subsection 4(4) (note)

After “Offshore Petroleum”, insert “and Greenhouse Gas Storage”.

Note: The heading to section 4 is altered by adding at the end “—petroleum titles”.

5  After section 4

Insert:

4A  Fees—greenhouse gas titles

Scope

 (1) This section applies to the following:

 (a) a workbid greenhouse gas assessment permit;

 (b) a greenhouse gas holding lease;

 (c) a greenhouse gas injection licence.

Liability to pay fee

 (2) The registered holder of the permit, lease or licence is liable to pay a fee for each year of the term of the permit, lease or licence, if that year begins at or after the commencement of this section.

Amount of fee

 (3) The amount of a fee is to be specified in, or calculated in accordance with, the regulations.

 (4) Different amounts may be prescribed in relation to different permits, leases or licences mentioned in subsection (1).

Note: For collection of fees, see Part 4.6 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

6  Section 5

Omit “section 4”, substitute “this Act”.


Schedule 2—Amendments to change references to petroleum titles

 

Offshore Petroleum (Annual Fees) Act 2006

1  Paragraphs 4(1)(a) and (b)

Before “exploration”, insert “petroleum”.

2  Paragraph 4(1)(c)

Before “retention”, insert “petroleum”.

3  Paragraph 4(1)(d)

Before “production”, insert “petroleum”.

4  Subclauses 1(1) and (2) of Schedule 1

Omit “an exploration permit, retention lease, production licence”, substitute “a petroleum exploration permit, petroleum retention lease, petroleum production licence”.


Schedule 3—Amendments to change references to renumbered provisions

 

Offshore Petroleum (Annual Fees) Act 2006

1  Subsection 4(4) (note)

Omit the reference to a provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that has been renumbered under item 1 of Schedule 4 to the Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008, substitute a reference to that provision as so renumbered.

2  Subsection 4A(4) (note)

Omit the reference to a provision of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that has been renumbered under item 1 of Schedule 4 to the Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008, substitute a reference to that provision as so renumbered.

 

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 18 June 2008

Senate on 22 September 2008]

(132/08)

 

Overview

The Offshore Petroleum (Annual Fees) Amendment (Greenhouse Gas Storage) Act 2008, assented to on 21 November 2008, is an Act of the Parliament of Australia designed to amend the Offshore Petroleum (Annual Fees) Act 2006 to accommodate the inclusion of greenhouse gas storage within its scope. This legislation was introduced to address the need for the regulation and oversight of greenhouse gas storage activities in offshore areas, aligning them with existing offshore petroleum operations. The policy objective of the Act is to ensure that the necessary fees and regulations are established to manage and monitor greenhouse gas storage effectively, thereby supporting Australia's efforts in environmental protection and climate change mitigation. The Act makes several amendments to the Offshore Petroleum (Annual Fees) Act 2006, including modifying the short title to reflect the inclusion of greenhouse gas storage, and introducing provisions for fees applicable to greenhouse gas titles. The changes are designed to ensure consistency and continuity in the legislative framework governing offshore petroleum and greenhouse gas storage activities. The Act commenced on 21 November 2008, with certain provisions aligning with the commencement of related amendments in other Acts.

Scope and Application

The Offshore Petroleum (Annual Fees) Amendment (Greenhouse Gas Storage) Act 2008 amends the Offshore Petroleum (Annual Fees) Act 2006 to incorporate changes related to greenhouse gas storage. This Act applies to various permits, leases, and licences related to greenhouse gas storage, specifically work-bid greenhouse gas assessment permits, greenhouse gas holding leases, and greenhouse gas injection licences. The registered holders of these permits, leases, or licences are liable to pay an annual fee for each year the term of the permit, lease, or licence begins after the commencement of the Act. The amount of the fee is to be specified in, or calculated in accordance with, the regulations, with different amounts potentially prescribed for different permits, leases, or licences. The Act amends references to ensure consistency with the Offshore Petroleum and Greenhouse Gas Storage Act 2006, including renumbering provisions where necessary. The amendments extend across the Commonwealth of Australia, with specific commencement dates outlined in the Act. The Act does not contain explicit exclusions or exemptions but allows for flexibility in the regulation of fees through subordinate instruments.

Key Provisions

The Offshore Petroleum (Annual Fees) Amendment (Greenhouse Gas Storage) Act 2008 (C2008A00118) amends the Offshore Petroleum (Annual Fees) Act 2006 to include greenhouse gas storage activities within its scope. Section 1 of the Act alters the short title of the Offshore Petroleum (Annual Fees) Act 2006 to include "and Greenhouse Gas Storage", ensuring that the amended Act reflects the expanded coverage. Section 3 further integrates the term "Greenhouse Gas Storage" into the heading of section 3 and the references within that section. Subsection 4(4) is also amended to incorporate "Greenhouse Gas Storage" in its note, reflecting the broader scope of the Act. The amended Act imposes obligations on entities holding permits, leases, or licences related to greenhouse gas storage. Under section 4A, the registered holder of a work-bid greenhouse gas assessment permit, a greenhouse gas holding lease, or a greenhouse gas injection licence is liable to pay an annual fee for each year of the term of the permit, lease, or licence, provided that year begins after the commencement of this section (section 4A(2)). The amount of the fee is to be specified in, or calculated according to, the regulations, with the possibility of different amounts being prescribed for different permits, leases, or licences (section 4A(3) and (4)). Failure to comply with the payment obligations set out in the Act may result in legal consequences. While the Act does not explicitly detail specific offences, penalties, or consequences for non-compliance, the collection of fees is governed by Part 4.6 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, which would apply to the enforcement of these obligations. Non-compliance could potentially lead to enforcement actions as per the broader legislative framework governing offshore petroleum activities and greenhouse gas storage in Australia.

Legal classification tags

Area of Law
Environmental Law
Instrument
Act
Concepts
Commencement Provisions
Fees—greenhouse gas titles
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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