Offshore Petroleum (Safety Levies) Amendment Act 2006

Administered by Department of Industry, Science and Resources

Legislation au C2006A00019 In force Act

Legislation content

 

 

 

 

 

 

Offshore Petroleum (Safety Levies) Amendment Act 2006

 

No. 19, 2006

 

 

 

 

 

An Act to amend the Offshore Petroleum (Safety Levies) Act 2003, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Part 1—Amendments

Offshore Petroleum (Safety Levies) Act 2003

Part 2—Application and transitional provisions

 

 

 

Offshore Petroleum (Safety Levies) Amendment Act 2006

No. 19, 2006

 

 

 

An Act to amend the Offshore Petroleum (Safety Levies) Act 2003, and for related purposes

[Assented to 29 March 2006]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Offshore Petroleum (Safety Levies) Amendment Act 2006.

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.

29 March 2006

2.  Schedule 1

At the same time as Part 4.8 of the Offshore Petroleum Act 2006 commences.

1 July 2008

Note: This table relates only to the provisions of this Act as originally passed by 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  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments

Offshore Petroleum (Safety Levies) Act 2003

1  Section 3 (definition of Commonwealth waters)

Omit “Part IIIC of the Petroleum (Submerged Lands) Act 1967”, substitute “Part 4.8 of the Offshore Petroleum Act 2006”.

2  Section 3 (definition of designated coastal waters)

Omit “Part IIIC of the Petroleum (Submerged Lands) Act 1967”, substitute “Part 4.8 of the Offshore Petroleum Act 2006”.

3  Section 3 (definition of OHS inspector)

Omit “Part IIIC of the Petroleum (Submerged Lands) Act 1967”, substitute “Part 4.8 of the Offshore Petroleum Act 2006.

4  Section 3 (definition of Safety Authority)

Omit “established by Part IIIC of the Petroleum (Submerged Lands) Act 1967”, substitute “continued in existence by Part 4.8 of the Offshore Petroleum Act 2006”.

5  Section 3 (definition of State PSLA)

Omit “Part IIIC of the Petroleum (Submerged Lands) Act 1967”, substitute “Part 4.8 of the Offshore Petroleum Act 2006”.

6  Section 3 (definition of State safety law)

Omit “Schedule 7 to the Petroleum (Submerged Lands) Act 1967”, substitute “Schedule 3 to the Offshore Petroleum Act 2006”.

7  Section 3 (definition of Territory PSLA)

Omit “Part IIIC of the Petroleum (Submerged Lands) Act 1967”, substitute “Part 4.8 of the Offshore Petroleum Act 2006”.

8  Section 3 (definition of Territory safety law)

Omit “Schedule 7 to the Petroleum (Submerged Lands) Act 1967”, substitute “Schedule 3 to the Offshore Petroleum Act 2006”.

9  Section 4

Omit “Petroleum (Submerged Lands) Act 1967 extends”, substitute “Offshore Petroleum Act 2006 extends”.

10  Section 4 (note)

Omit “section 7 of the Petroleum (Submerged Lands) Act 1967”, substitute “section 17 of the Offshore Petroleum Act 2006”.

11  Subsection 5(4) (note)

Omit “section 150YR of the Petroleum (Submerged Lands) Act 1967”, substitute “section 396 of the Offshore Petroleum Act 2006”.

12  Subsection 5(8) (definition of accident)

Omit “Schedule 7 to the Petroleum (Submerged Lands) Act 1967”, substitute “Schedule 3 to the Offshore Petroleum Act 2006”.

13  Subsection 5(8) (definition of dangerous occurrence)

Omit “Schedule 7 to the Petroleum (Submerged Lands) Act 1967”, substitute “Schedule 3 to the Offshore Petroleum Act 2006”.

14  Subsection 5(8) (definition of facility)

Omit “Schedule 7 to the Petroleum (Submerged Lands) Act 1967”, substitute “Schedule 3 to the Offshore Petroleum Act 2006”.

15  Subsection 5(8) (definition of inspection)

Omit “Schedule 7 to the Petroleum (Submerged Lands) Act 1967”, substitute “Schedule 3 to the Offshore Petroleum Act 2006”.

16  Subsection 5(8) (paragraph (b) of the definition of notifiable accident or occurrence)

Omit “clause 41 of Schedule 7 to the Petroleum (Submerged Lands) Act 1967”, substitute “clause 82 of Schedule 3 to the Offshore Petroleum Act 2006”.

17  Subsection 5(8) (definition of operator)

Omit “Schedule 7 to the Petroleum (Submerged Lands) Act 1967”, substitute “Schedule 3 to the Offshore Petroleum Act 2006”.

18  Subsection 6(4) (note)

Omit “section 150YR of the Petroleum (Submerged Lands) Act 1967”, substitute “section 396 of the Offshore Petroleum Act 2006”.

19  Subsection 6(8) (paragraph (b) of the definition of notifiable accident or occurrence)

Omit “clause 41 of Schedule 7 to the Petroleum (Submerged Lands) Act 1967”, substitute “clause 82 of Schedule 3 to the Offshore Petroleum Act 2006”.

20  Subsection 7(3) (note)

Omit “section 150YS of the Petroleum (Submerged Lands) Act 1967”, substitute “section 397 of the Offshore Petroleum Act 2006”.

21  Subsection 7(8) (definition of facility)

Omit “Schedule 7 to the Petroleum (Submerged Lands) Act 1967”, substitute “Schedule 3 to the Offshore Petroleum Act 2006”.

22  Subsection 7(8) (definition of operator)

Omit “Schedule 7 to the Petroleum (Submerged Lands) Act 1967”, substitute “Schedule 3 to the Offshore Petroleum Act 2006”.

23  Subsection 7(8) (definition of proposed facility)

Omit “Schedule 7 to the Petroleum (Submerged Lands) Act 1967”, substitute “Schedule 3 to the Offshore Petroleum Act 2006”.

24  At the end of section 7

Add:

 (9) If the regulations referred to in the definition of safety case in force in relation to a facility in subsection (8) are renamed, that definition is amended by omitting the old name and substituting the new name.

25  Subsection 8(3) (note)

Omit “section 150YS of the Petroleum (Submerged Lands) Act 1967”, substitute “section 397 of the Offshore Petroleum Act 2006”.

26  At the end of section 8

Add:

 (9) If the regulations referred to in the definition of safety case in force in relation to a facility in subsection (8) are renamed, that definition is amended by omitting the old name and substituting the new name.

27  Subsection 9(3) (note)

Omit “section 150YT of the Petroleum (Submerged Lands) Act 1967”, substitute “section 398 of the Offshore Petroleum Act 2006”.

28  Subsection 9(8) (definition of pipeline)

Omit “Petroleum (Submerged Lands) Act 1967”, substitute “Offshore Petroleum Act 2006”.

29  Subsection 9(8) (definition of pipeline licence)

Omit “Petroleum (Submerged Lands) Act 1967”, substitute “Offshore Petroleum Act 2006”.

30  At the end of section 9

Add:

 (9) If the regulations referred to in the definition of pipeline safety management plan in force in relation to a pipeline in subsection (8) are renamed, that definition is amended by omitting the old name and substituting the new name.

31  Subsection 10(3) (note)

Omit “section 150YT of the Petroleum (Submerged Lands) Act 1967”, substitute “section 398 of the Offshore Petroleum Act 2006”.

32  At the end of section 10

Add:

 (9) If the regulations referred to in the definition of pipeline safety management plan in force in relation to a pipeline in subsection (8) are renamed, that definition is amended by omitting the old name and substituting the new name.


Part 2—Application and transitional provisions

33  Application—safety investigation levy

The following amendments made by this Schedule:

 (a) the amendments of sections 5 and 6 of the Offshore Petroleum (Safety Levies) Act 2003;

 (b) the amendments of sections 3 and 4 of that Act, to the extent to which they relate to section 5 or 6 of that Act;

apply in relation to a notifiable accident or occurrence that happens after the commencement of this item.

34  Application—safety case levy

(1) The following amendments made by this Schedule:

 (a) the amendments of sections 7 and 8 of the Offshore Petroleum (Safety Levies) Act 2003;

 (b) the amendments of sections 3 and 4 of that Act, to the extent to which they relate to section 7 or 8 of that Act;

apply in relation to a safety case in force at the start of a year if that year starts after the commencement of this item.

(2) The following amendments made by this Schedule:

 (a) the amendments of sections 7 and 8 of the Offshore Petroleum (Safety Levies) Act 2003;

 (b) the amendments of sections 3 and 4 of that Act, to the extent to which they relate to section 7 or 8 of that Act;

apply in relation to a safety case in force during a part of a year (but not in force at the start of that year) if that part of that year starts after the commencement of this item.

35  Application—pipeline safety management plan levy

(1) The following amendments made by this Schedule:

 (a) the amendments of sections 9 and 10 of the Offshore Petroleum (Safety Levies) Act 2003;

 (b) the amendments of sections 3 and 4 of that Act, to the extent to which they relate to section 9 or 10 of that Act;

apply in relation to a pipeline safety management plan in force at the start of a year if that year starts after the commencement of this item.

(2) The following amendments made by this Schedule:

 (a) the amendments of sections 9 and 10 of the Offshore Petroleum (Safety Levies) Act 2003;

 (b) the amendments of sections 3 and 4 of that Act, to the extent to which they relate to section 9 or 10 of that Act;

apply in relation to a pipeline safety management plan in force during a part of a year (but not in force at the start of that year) if that part of that year starts after the commencement of this item.

36  Transitional—regulations

To avoid doubt, the amendments made by this Schedule do not affect the continuity of regulations made for the purposes of section 5, 6, 7, 8, 9 or 10 of the Offshore Petroleum (Safety Levies) Act 2003 before the commencement of this item.

 

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 23 June 2005

Senate on 5 September 2005]

(113/05)

 

Overview

The Offshore Petroleum (Safety Levies) Amendment Act 2006 was enacted by the Parliament of Australia to address the need for updating the definitions and references within the Offshore Petroleum (Safety Levies) Act 2003 to align with the new legislative framework established by the Offshore Petroleum Act 2006. This amendment ensures that the safety levies imposed on offshore petroleum activities remain consistent with the new regulatory environment. The Act received royal assent on 29 March 2006 and its amendments commenced on 1 July 2008, the same date as Part 4.8 of the Offshore Petroleum Act 2006. The policy objective is to maintain a coherent and updated legislative framework for the safety and management of offshore petroleum activities, ensuring that the safety levies are appropriately aligned with the new legislative standards and definitions. This amendment involves a series of changes to definitions and references within the Offshore Petroleum (Safety Levies) Act 2003 to replace references from the Petroleum (Submerged Lands) Act 1967 with those from the Offshore Petroleum Act 2006. This includes updating the definitions of terms such as "Commonwealth waters," "designated coastal waters," "OHS inspector," and "Safety Authority," among others. The legislative amendments are designed to ensure that the safety levies and related provisions are properly aligned with the new regulatory framework, thereby maintaining consistency and coherence in the management of offshore petroleum activities. The application of these amendments is carefully structured to apply to notifiable accidents, occurrences, safety cases, and pipeline safety management plans that are in force or occur after the commencement of the relevant provisions.

Scope and Application

The Offshore Petroleum (Safety Levies) Amendment Act 2006 amends the Offshore Petroleum (Safety Levies) Act 2003 to update references to the Offshore Petroleum Act 2006 and associated legislative instruments. The Act applies to persons and entities involved in offshore petroleum activities within Australian Commonwealth waters and designated coastal waters. These include operators of petroleum facilities and pipelines, as well as any individuals or companies engaged in activities regulated under the Offshore Petroleum Act 2006. The amendments ensure the safety levies and associated provisions remain aligned with the updated legislative framework. The geographic and jurisdictional reach of the Act pertains to the Commonwealth, impacting the entire offshore petroleum industry across Australia. The application of the Act extends to levies related to safety investigations, safety cases, and pipeline safety management plans, with specific commencement dates tied to the relevant Offshore Petroleum Act provisions. Subordinate instruments may further define or modify the application of these levies, ensuring the Act's provisions are effectively implemented and enforced.

Key Provisions

The main provisions of the Offshore Petroleum (Safety Levies) Amendment Act 2006 (C2006A00019) primarily focus on amending the definitions and references in the Offshore Petroleum (Safety Levies) Act 2003 (the principal Act). Section 1 of the amending Act updates the definitions of terms such as "Commonwealth waters," "designated coastal waters," and "OHS inspector" by replacing references from the Petroleum (Submerged Lands) Act 1967 with corresponding references from the Offshore Petroleum Act 2006. It also adjusts the definitions of "State PSLA" and "Territory PSLA," "State safety law," and "Territory safety law" to reflect the changes in the legislative framework. Furthermore, Section 3 modifies the references to specific sections and schedules in the principal Act to align with the new Offshore Petroleum Act 2006. The obligations and requirements imposed by the amending Act are largely about ensuring that the definitions and references within the principal Act are updated to reflect the new legislative context. This includes the obligation for parties to use the updated definitions when referring to the safety of offshore petroleum activities. Additionally, the amending Act ensures that the continuity of existing regulations made under the principal Act is not affected, thereby maintaining the regulatory framework's integrity during the transition. The Act does not explicitly detail offences or penalties for breaches, but any breaches of the principal Act, now amended, could result in civil or criminal consequences depending on the nature of the breach. The penalties for breaches of the Offshore Petroleum (Safety Levies) Act 2003 can include fines and, in severe cases, imprisonment. The specific penalties are outlined in the principal Act, and the amendments by the Offshore Petroleum (Safety Levies) Amendment Act 2006 would apply to these penalties as they relate to the updated definitions and references. It is important for parties subject to the Act to be aware of these potential consequences and ensure compliance with the updated provisions.

Legal classification tags

Area of Law
Environmental Law
Energy & Natural Resources Law
Instrument
Amending Act
Concepts
Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.