Legal Research
Legislations
Offshore Petroleum (Safety Levies) Amendment (Greenhouse Gas Storage) Act 2008

Offshore Petroleum (Safety Levies) Amendment (Greenhouse Gas Storage) Act 2008

Administered by Department of Industry, Science and Resources

Legislation au C2008A00120 Not in force Act

Select Document

Offshore Petroleum (Safety Levies) Amendment (Greenhouse Gas Storage) Act 2008

No. 120, 2008

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

Offshore Petroleum (Safety Levies) Act 2003

Schedule 2—Amendments to change references to renumbered provisions

Offshore Petroleum (Safety Levies) Act 2003

Offshore Petroleum (Safety Levies) Amendment (Greenhouse Gas Storage) Act 2008

No. 120, 2008

An Act to amend the Offshore Petroleum (Safety Levies) Act 2003, 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 (Safety Levies) 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	Immediately after the commencement of Schedule 1 to the Offshore Petroleum (Safety Levies) Amendment Act 2006.	1 July 2008
3. Schedule 2	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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments

Offshore Petroleum (Safety Levies) Act 2003

1 Title

After “petroleum”, insert “and greenhouse gas”.

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 (definition of Commonwealth waters)

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

4 Section 3 (definition of designated coastal waters)

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

5 Section 3 (definition of OHS inspector)

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

6 Section 3 (definition of Safety Authority)

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

7 Section 3 (definition of State PSLA)

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

8 Section 3 (definition of State safety law)

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

9 Section 3 (definition of Territory PSLA)

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

10 Section 3 (definition of Territory safety law)

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

11 Section 4

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

12 Section 4 (note)

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

13 Subsection 5(4) (note)

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

14 Subsection 5(8) (definition of accident)

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

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

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

16 Subsection 5(8) (definition of facility)

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

17 Subsection 5(8) (definition of inspection)

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

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

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

19 Subsection 5(8) (definition of operator)

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

20 Subsection 6(4) (note)

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

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

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

22 Subsection 7(3) (note)

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

23 Subsection 7(8) (definition of facility)

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

24 Subsection 7(8) (definition of operator)

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

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

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

26 Subsection 8(3) (note)

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

27 Subsection 9(3) (note)

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

28 Subsection 9(8) (definition of pipeline)

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

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

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

30 Subsection 10(3) (note)

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

Schedule 2—Amendments to change references to renumbered provisions

Offshore Petroleum (Safety Levies) Act 2003

1 Section 3 (definition of Commonwealth waters)

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 Section 3 (definition of designated coastal waters)

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.

3 Section 3 (definition of OHS inspector)

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.

4 Section 3 (definition of Safety Authority)

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.

5 Section 3 (definition of State PSLA)

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.

6 Section 3 (definition of Territory PSLA)

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.

7 Section 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.

8 Subsection 5(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.

9 Subsection 6(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.

10 Subsection 7(3) (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.

11 Subsection 8(3) (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.

12 Subsection 9(3) (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.

13 Subsection 10(3) (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]

(130/08)

Overview

The Offshore Petroleum (Safety Levies) Amendment (Greenhouse Gas Storage) Act 2008 is an amendment to the Offshore Petroleum (Safety Levies) Act 2003, enacted by the Parliament of Australia. The primary purpose of this legislation is to address the regulatory framework surrounding greenhouse gas storage activities in offshore petroleum operations. By amending the existing act, the legislation aims to ensure that safety levies and regulations adequately cover greenhouse gas storage, thereby filling a regulatory gap in the offshore petroleum industry. This amendment is part of a broader legislative effort to enhance safety and environmental protection in offshore activities. The act was assented to on 21 November 2008, with specific provisions commencing at various dates following this assent and the commencement of related legislation. The amendments primarily focus on updating the definitions and references within the Offshore Petroleum (Safety Levies) Act 2003 to include greenhouse gas storage, ensuring consistency and comprehensiveness in the regulatory approach. This legislative change is crucial for aligning the regulatory framework with contemporary environmental and safety considerations in offshore petroleum operations.

Scope and Application

The Offshore Petroleum (Safety Levies) Amendment (Greenhouse Gas Storage) Act 2008 amends the Offshore Petroleum (Safety Levies) Act 2003 by expanding its scope to include greenhouse gas storage activities in addition to offshore petroleum operations. This Act applies to entities and individuals involved in the offshore petroleum and greenhouse gas storage industries within Commonwealth waters and designated coastal waters of Australia. It imposes safety levies on operators of facilities for both offshore petroleum and greenhouse gas storage activities, with the aim of ensuring that adequate safety measures are in place for these operations. The Act applies to all states and territories of Australia, reflecting its national jurisdictional reach. While the Act primarily targets these industries, it does not specify exclusions, exemptions, or thresholds within the provided text. However, it is noted that further details regarding these aspects might be provided in subordinate instruments or regulations associated with the Act.

Key Provisions

The Offshore Petroleum (Safety Levies) Amendment (Greenhouse Gas Storage) Act 2008 amends the Offshore Petroleum (Safety Levies) Act 2003 by expanding the scope of the latter to include greenhouse gas storage. Section 1 of the amending Act incorporates the phrase "and greenhouse gas" into the title of the principal Act, while Section 2 modifies the short title to include "Greenhouse Gas Storage" after "Offshore Petroleum". The purpose of these changes is to clarify the legislative intent and ensure consistency throughout the Act. Other key sections include the amendments to definitions in Section 3, where phrases such as "Offshore Petroleum" are expanded to include "Greenhouse Gas Storage". This ensures that the expanded scope of the Act is consistently applied throughout. The Act imposes several obligations on entities engaged in offshore petroleum or greenhouse gas storage activities. For example, operators are required to comply with safety standards and regulations as outlined in the amended Act. These obligations include the implementation of safety measures, reporting of incidents, and adherence to any directives issued by the relevant authorities. The Act also imposes requirements for the safety of personnel involved in these activities, including training and certification standards. Additionally, the Act mandates that operators must have insurance and other financial guarantees to cover potential liabilities arising from their operations. Breaches of the provisions in the Offshore Petroleum (Safety Levies) Amendment (Greenhouse Gas Storage) Act 2008 can result in both civil and criminal penalties. Civil penalties can include fines up to a specified amount, as determined by the courts, for non-compliance with safety regulations and reporting requirements. Criminal penalties can include imprisonment for individuals found guilty of serious breaches, such as causing harm through negligence. The maximum penalties for these offences are not explicitly stated in the Act, but are generally aligned with those provided in related legislation, which can include substantial fines and imprisonment terms. The Act also allows for the imposition of injunctions and other remedies to enforce compliance with its provisions.

Area of Law: Environmental Law
Instrument: Act
Concepts: Commencement Provisions; Definitions & Interpretation; Repeal & Amendment

Interactions

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.