OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE AMENDMENT (MISCELLANEOUS AMENDMENTS) BILL 2018

2016-2017-2018

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Offshore Petroleum and Greenhouse Gas

Storage Amendment (Miscellaneous

Amendments) Bill 2018

No. , 2018

(Industry, Innovation and Science)

A Bill for an Act to amend the Offshore Petroleum

and Greenhouse Gas Storage Act 2006, and for other

purposes

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 2

Schedule 1--Greenhouse gas storage etc.

Part 1--Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Part 2--Transitional and application provisions

Schedule 2--Protection of technical information

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Schedule 3--Directions given by the responsible

Commonwealth Minister

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Schedule 4--Compliance powers

Part 1--Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Part 2--Application provisions

Schedule 5--Variation of petroleum access authority

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Schedule 6--Directions by the Titles Administrator

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Schedule 7--Listed NOPSEMA laws

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Schedule 8--Fees payable to the Titles Administrator on behalf

of the Commonwealth

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Schedule 9--Functions and powers of NOPSEMA

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

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Schedule 10--Courts

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Schedule 11--Recovery of costs and expenses

100

Offshore Petroleum and Greenhouse Gas Storage Act 2006

100

Schedule 12--Appeals

102

Offshore Petroleum and Greenhouse Gas Storage Act 2006

102

Schedule 13--Boundary changes

103

Offshore Petroleum and Greenhouse Gas Storage Act 2006

103

Schedule 14--Fixed-term petroleum production licences

105

Offshore Petroleum and Greenhouse Gas Storage Act 2006

105

Schedule 15--Additional NOPSEMA inspection powers

relating to well integrity laws

106

Part 1--Amendments

106

Offshore Petroleum and Greenhouse Gas Storage Act 2006

106

Part 2--Application provisions

139

Schedule 16--Civil penalties, enforceable undertakings,

infringement notices, injunctions etc.

140

Part 1--Amendments commencing the day after Royal Assent

140

Offshore Petroleum and Greenhouse Gas Storage Act 2006

140

Part 2--Amendments commencing the same time as

Schedule 1 commences

151

Offshore Petroleum and Greenhouse Gas Storage Act 2006

151

Part 3--Amendments commencing the same time as

Schedule 15 commences

152

Offshore Petroleum and Greenhouse Gas Storage Act 2006

152

Schedule 17--Designated frontier areas

153

Offshore Petroleum and Greenhouse Gas Storage Act 2006

153

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

A Bill for an Act to amend the Offshore Petroleum

and Greenhouse Gas Storage Act 2006, and for other

purposes

The Parliament of Australia enacts:

1 Short title

This Act is the Offshore Petroleum and Greenhouse Gas Storage

Amendment (Miscellaneous Amendments) Act 2018.

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.

Offshore Petroleum and Greenhouse Gas Storage Amendment

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Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1

A single day to be fixed by Proclamation.

However, if the provisions do not commence

within the period of 6 months beginning on

the day this Act receives the Royal Assent,

they commence on the day after the end of

that period.

3. Schedules 2 to

The day after this Act receives the Royal

Assent.

4. Schedule 15

Immediately after the commencement of the

provisions covered by table item 2.

5. Schedule 16,

Part 1

The day after this Act receives the Royal

Assent.

6. Schedule 16,

Part 2

At the same time as the provisions covered

by table item 2.

7. Schedule 16,

Part 3

At the same time as the provisions covered

by table item 4.

8. Schedule 17

The day after this Act receives the Royal

Assent.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

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Schedule 1--Greenhouse gas storage etc.

Part 1--Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Section 7 (after paragraph (d) of the definition of approved)

Insert:

(da) section 452A; or

2 Section 7

Insert:

environmental management law has the same meaning as in

Schedule 2A.

3 Section 7 (definition of greenhouse gas project inspector)

Repeal the definition.

4 Section 7 (definition of petroleum environmental law)

Repeal the definition.

5 Section 7

Insert:

related body corporate has the same meaning as in the

Corporations Act 2001.

6 Section 7 (after paragraph (i) of the definition of title)

Insert:

(ia) when used in section 579A--has the meaning given by

subsection 579A(1); or

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7 Paragraph 316(2)(b)

After "regulations", insert "(other than the Offshore Petroleum and

Greenhouse Gas Storage (Environment) Regulations 2009, Part 5 of the

Offshore Petroleum and Greenhouse Gas Storage (Resource

Management and Administration) Regulations 2011 and the Offshore

Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009)".

8 Paragraph 351(2)(b)

After "regulations", insert "(other than the Offshore Petroleum and

Greenhouse Gas Storage (Environment) Regulations 2009, Part 5 of the

Offshore Petroleum and Greenhouse Gas Storage (Resource

Management and Administration) Regulations 2011 and the Offshore

Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009)".

9 Subsection 360(3) (note)

Omit "section 595", substitute "sections 594A and 595".

10 Paragraph 376(3)(b)

After "regulations", insert "(other than the Offshore Petroleum and

Greenhouse Gas Storage (Environment) Regulations 2009, Part 5 of the

Offshore Petroleum and Greenhouse Gas Storage (Resource

Management and Administration) Regulations 2011 and the Offshore

Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009)".

11 Paragraph 430(5)(b)

After "Minister", insert ", NOPSEMA or the Titles Administrator".

12 Subsection 436(1) (table item 2, column headed

"Event or

circumstance

After "Minister", insert "or the Titles Administrator".

13 Subsection 440(1) (table item 4, column headed

"Event or

circumstance

After "Minister", insert "or the Titles Administrator".

14 At the end of subsection 442(3)

Add:

Note:

See also paragraph 646(gp) (NOPSEMA's advisory function).

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15 Paragraph 446(b)

After "Minister", insert ", NOPSEMA or the Titles Administrator".

16 At the end of Division 1 of Part 3.11

Add:

449A NOPSEMA to notify the Titles Administrator of grounds for

cancellation of title

If NOPSEMA reasonably believes that there is a ground for

cancelling:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

NOPSEMA must notify the Titles Administrator of:

(d) the belief; and

(e) the reasons for the belief.

17 After section 452

Insert:

452A Notification requirements--registered holders of titles

Registered holders as at commencement

(1) If, as at the commencement of this section, a person is the

registered holder, or one of the registered holders, of a greenhouse

gas title, the person must:

(a) give the Titles Administrator and NOPSEMA a written

notice, in the approved form, that:

(i) states that the person is a registered holder of the

greenhouse gas title; and

(ii) sets out such of the person's contact details as are

required by the form; and

(b) do so within 30 days after the commencement of this section.

Note:

For contact details, see subsection (12).

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Becoming a registered holder

(2) If, at any time after the commencement of this section, a person

becomes the registered holder, or one of the registered holders, of a

greenhouse gas title, the person must:

(a) give the Titles Administrator and NOPSEMA a written

notice, in the approved form, that:

(i) states that the person has become a registered holder of

the greenhouse gas title; and

(ii) sets out such of the person's contact details as are

required by the form; and

(b) do so within 30 days after so becoming a registered holder.

Note:

For contact details, see subsection (12).

Ceasing to be a registered holder otherwise than because of death

(3) If, at any time after the commencement of this section, a person

ceases to be the registered holder, or one of the registered holders,

of a greenhouse gas title otherwise than because of the death of the

person, the person must:

(a) notify the Titles Administrator and NOPSEMA, in writing, of

the cessation; and

(b) do so within 30 days after the cessation.

Death of a registered holder

(4) If, at any time after the commencement of this section, a person

who is the registered holder, or one of the registered holders, of a

greenhouse gas title dies, the person's legal personal representative

must:

(a) notify the Titles Administrator and NOPSEMA, in writing, of

the death; and

(b) do so within 30 days after the death.

Change of contact details of registered holder

(5) If:

(a) a person is the registered holder, or one of the registered

holders, of a greenhouse gas title; and

(b) the person has given a notice under:

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(i) subsection (1); or

(ii) subsection (2); or

(iii) this subsection;

that sets out one or more contact details of the person; and

the person must:

(d) give the Titles Administrator and NOPSEMA a written

notice, in the approved form, that:

(i) states that the relevant contact details have changed; and

(ii) sets out the changed contact details; and

(e) do so within 30 days after the change.

Note:

For contact details, see subsection (12).

Publication of approved form

(6) The Titles Administrator must publish on the Department's website

a form approved for the purposes of subsection (1), (2) or (5).

Offence

(7) A person commits an offence if:

(a) the person is subject to a requirement under subsection (1),

(2), (3), (4) or (5); and

(b) the person omits to do an act; and

Penalty: 50 penalty units.

(8) An offence against subsection (7) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code.

Civil penalty

(9) A person is liable to a civil penalty if the person contravenes a

requirement under subsection (2), (3), (4) or (5).

Civil penalty:

90 penalty units.

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Continuing offences and continuing contraventions of civil penalty

provisions

(10) The maximum penalty for each day that an offence under

subsection (7) continues is 10% of the maximum penalty that can

be imposed in respect of that offence.

Note:

Subsection (7) is a continuing offence under section 4K of the Crimes

Act 1914.

(11) The maximum civil penalty for each day that a contravention of

subsection (9) continues is 10% of the maximum civil penalty that

can be imposed in respect of that contravention.

Note:

Subsection (9) is a continuing civil penalty provision under section 93

of the Regulatory Powers Act.

Definitions

(12) In this section:

approved means approved, in writing, by the Titles Administrator

and the Chief Executive Officer of NOPSEMA.

contact details of a person includes the following:

(a) the person's name;

(b) the address of:

(i) the place of residence or business of the person; or

(ii) if the person is a body corporate--the head office, a

registered office or a principal office of the body

corporate;

(d) the person's fax number (if any);

(e) the person's email address;

(f) if the person is a body corporate that has an ACN (within the

meaning of the Corporations Act 2001)--the ACN.

greenhouse gas title means:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

(d) a greenhouse gas search authority; or

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(e) a greenhouse gas special authority.

18 After subsection 454(1)

Insert:

(1A) If, in the performance of its functions or the exercise of its powers,

NOPSEMA becomes aware of circumstances that:

(a) relate to:

(i) the registered holder of a greenhouse gas assessment

permit; or

(ii) the registered holder of a greenhouse gas holding lease;

(iii) the registered holder of a greenhouse gas injection

licence; and

(b) may make it appropriate for the responsible Commonwealth

Minister to require the registered holder to lodge an

additional security under subsection (1);

NOPSEMA may inform the responsible Commonwealth Minister

of those circumstances.

19 After subsection 454(2)

Insert:

(2A) If, in the performance of its functions or the exercise of its powers,

NOPSEMA becomes aware of circumstances that:

(a) relate to:

(i) the registered holder of a greenhouse gas assessment

permit; or

(ii) the registered holder of a greenhouse gas holding lease;

(iii) the registered holder of a greenhouse gas injection

licence; and

(b) may make it appropriate for the responsible Commonwealth

Minister to require the registered holder to lodge a security

under subsection (2);

NOPSEMA may inform the responsible Commonwealth Minister

of those circumstances.

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20 Paragraph 454(3)(b)

After "Minister", insert ", NOPSEMA or the Titles Administrator".

21 Paragraph 570(7)(c)

Repeal the paragraph, substitute:

Commonwealth Minister under:

(i) Chapter 3; or

(ii) this Chapter; and

22 Paragraph 572(7)(c)

Repeal the paragraph, substitute:

Commonwealth Minister under:

(i) Chapter 3; or

(ii) this Chapter; and

23 Subsection 572(7) (note)

Repeal the note.

24 Subsection 574(5) (not including the heading)

Repeal the subsection.

25 Subsection 576B(7)

Repeal the subsection (not including the notes).

26 Section 579

Repeal the section, substitute:

579 Simplified outline of this Part

•

NOPSEMA or the responsible Commonwealth Minister may

give a direction to a greenhouse gas titleholder. A direction

may extend to other persons.

•

If there is a breach of a direction given by NOPSEMA or the

responsible Commonwealth Minister under Chapter 3, this

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Chapter or the regulations, NOPSEMA or the responsible

Commonwealth Minister may do anything required by the

direction to be done, and NOPSEMA's costs or the

responsible Commonwealth Minister's costs may be

recovered from the person to whom the direction was given.

•

In a prosecution for an offence relating to a breach of a

direction given by NOPSEMA or the responsible

Commonwealth Minister under Chapter 3, this Chapter or the

regulations, it is a defence if the defendant proves that the

defendant took all reasonable steps to comply with the

direction.

27 Before section 580

Insert:

579A General power to give directions--NOPSEMA

Definitions

(1) In this section:

greenhouse gas matter means:

(a) exploring for a potential greenhouse gas storage formation;

(b) exploring for a potential greenhouse gas injection site; or

subsoil of an offshore area; or

(d) the storage of a greenhouse gas substance in the seabed or

subsoil of an offshore area.

title means:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

(d) a greenhouse gas search authority; or

(e) a greenhouse gas special authority.

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Direction to registered holder

(2) NOPSEMA may, by written notice given to the registered holder

of a title, give the registered holder a direction as to any matter in

relation to which regulations may be made.

Note 1:

Section 782 is the main provision setting out matters in relation to

which regulations may be made.

Note 2:

For enforcement, see section 582.

Extended application of direction

(3) A direction given under this section to a registered holder applies

to the registered holder and may also be expressed to apply to:

(a) a specified class of persons, so long as the class consists of,

or is included in, either or both of the following classes:

(i) employees or agents of, or persons acting on behalf of,

the registered holder;

(ii) persons performing work or services, whether directly

or indirectly, for the registered holder; or

(b) any person (other than the registered holder or a person to

whom the direction applies in accordance with paragraph (a))

who is:

(i) in an offshore area for any reason touching, concerning,

arising out of, or connected with, a greenhouse gas

matter; or

(ii) in, on, above, below or in the vicinity of a vessel,

aircraft, structure or installation, or equipment or other

property, that is in the offshore area for a reason of that

kind.

(4) If a direction so expressed is given, the direction is taken to apply

to each person included in the specified class mentioned in

paragraph (3)(a) or to each person who is in the offshore area as

mentioned in paragraph (3)(b), as the case may be.

Note:

For notification requirements, see section 581.

Additional matters

(5) A direction under this section has effect, and must be complied

with, despite:

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(a) any previous direction under this section; and

(b) anything in the regulations or the applied provisions.

Note:

For applied provisions, see subsection 80(2).

(6) A direction under this section may make provision in relation to a

matter by applying, adopting or incorporating (with or without

modification) a code of practice or standard contained in an

instrument as in force or existing at the time when the direction

takes effect, so long as the code of practice or standard is relevant

to that matter.

(7) To avoid doubt, subsection (6) applies to an instrument, whether

issued or made in Australia or outside Australia.

(8) A direction under this section may prohibit the doing of an act or

thing:

(a) unconditionally; or

(b) subject to conditions, including conditions requiring the

consent or approval of a person specified in the direction.

(9) If NOPSEMA gives a direction under this section, NOPSEMA

must:

(a) give the responsible Commonwealth Minister a copy of the

direction; and

(b) do so as soon as practicable after the direction was given.

Directions

(10) If paragraph (3)(b) applies to a direction under this section, the

direction is a legislative instrument.

(11) If paragraph (3)(b) does not apply to a direction under this section,

the direction is not a legislative instrument.

28 Section 580 (heading)

Repeal the heading, substitute:

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580 General power to give directions--responsible Commonwealth

Minister

29 Paragraph 580(5)(b)

After "regulations", insert "(other than the Offshore Petroleum and

Greenhouse Gas Storage (Environment) Regulations 2009, Part 5 of the

Offshore Petroleum and Greenhouse Gas Storage (Resource

Management and Administration) Regulations 2011 and the Offshore

Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009)".

30 After subsection 580(8)

Insert:

Inconsistency

(8A) If a direction under this section is inconsistent with a direction

under section 579A, the direction under this section has no effect to

the extent of the inconsistency.

31 Before section 581

Insert:

580A Directions may extend outside of title area

(1) A direction under this Division may require the registered holder of

the title in relation to which the direction is given to take an action

(or not to take an action) anywhere in an offshore area, whether

within or outside the title area of the title.

(2) If a direction under section 579A requires the registered holder of a

title (the first title) to take an action in, or in relation to, the title

area of another title (the related title), NOPSEMA must give a

copy of the direction to the registered holder of the related title as

soon as practicable after the direction is given to the registered

holder of the first title.

(3) If a direction under section 580 requires the registered holder of a

title (the first title) to take an action in, or in relation to, the title

area of another title (the related title), the responsible

Commonwealth Minister must give a copy of the direction to the

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registered holder of the related title as soon as practicable after the

direction is given to the registered holder of the first title.

(4) In this section:

title means any title covered by section 572.

title area of a title has the meaning given by section 572 in relation

to the title.

Note:

Section 572 sets out the title area for certain petroleum titles and

greenhouse gas titles.

32 Before subsection 581(1)

Insert:

Notification--direction under section 579A

(1A) If a direction under section 579A applies to:

(a) a registered holder; and

(b) a person referred to in paragraph 579A(3)(a);

the registered holder must cause a copy of the notice by which the

direction was given to be:

(d) displayed at a prominent position at a place in the offshore

area frequented by that other person.

(1B) If a direction under section 579A applies to:

(a) a registered holder; and

(b) a person referred to in paragraph 579A(3)(b);

the registered holder must cause a copy of the notice by which the

direction was given to be displayed at a prominent position at a

place in the offshore area.

(1C) If a direction under section 579A applies to:

(a) a registered holder; and

(b) a person referred to in paragraph 579A(3)(b);

NOPSEMA may, by written notice given to the registered holder,

require the registered holder to cause to be displayed:

(d) in such manner;

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as are specified in the notice, copies of the notice by which the

direction was given.

33 Subsection 581(1) (heading)

Repeal the heading, substitute:

Notification--direction under section 580

34 Paragraph 581(4)(a)

After "subsection", insert "(1A), (1B), (1C),".

35 Paragraph 582(1)(a)

After "section", insert "579A or".

36 Paragraph 582(3)(a)

After "section", insert "579A or".

37 Division 3 of Part 6.3 (heading)

Repeal the heading, substitute:

Division 3--NOPSEMA or the responsible Commonwealth

Minister may take action if there is a breach of a

direction

38 Before section 583

Insert:

582A NOPSEMA may take action if there is a breach of a direction

Action by NOPSEMA

(1) If:

(a) a person is subject to a direction given by NOPSEMA under:

(i) this Chapter (other than Part 6.2); or

(ii) the regulations; and

(b) the person engages in conduct; and

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NOPSEMA may do any or all of the things required by the

direction to be done.

Recovery of costs and expenses incurred by NOPSEMA

(2) Costs or expenses incurred by NOPSEMA under subsection (1) in

relation to a direction are:

(a) a debt due to NOPSEMA by the person subject to the

direction; and

(b) recoverable in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

Exception--direction that has an extended application

(3) If:

(a) a direction under section 579A applies to:

(i) a registered holder; and

(ii) another person; and

(b) an action under subsection (2) relating to the direction is

brought against the other person; and

not know, and could not reasonably be expected to have

known, of the existence of the direction;

the other person is not liable under subsection (2) unless the

plaintiff proves that the other person knew, or could reasonably be

expected to have known, of the existence of the direction.

Defence

(4) In an action under subsection (2), it is a defence if the defendant

proves that the defendant took all reasonable steps to comply with

the direction.

39 Subparagraph 583(1)(a)(iii)

Repeal the subparagraph.

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40 Section 584

After "Minister", insert ", NOPSEMA or the Titles Administrator".

41 Section 591

Omit:

•

The responsible Commonwealth Minister may give remedial

directions to greenhouse gas titleholders or former greenhouse

gas titleholders about the following matters:

(a)

the removal of property;

(b)

the plugging or closing off of wells;

(c)

the conservation and protection of natural resources;

(d)

the making good of damage to the seabed or subsoil.

substitute:

•

NOPSEMA or the responsible Commonwealth Minister may

give remedial directions to greenhouse gas titleholders or

former greenhouse gas titleholders about the following

matters:

(a)

the removal of property;

(b)

the plugging or closing off of wells;

(c)

the conservation and protection of natural resources;

(d)

the making good of damage to the seabed or subsoil.

42 Section 591

Omit:

•

If there is a breach of a direction, the responsible

Commonwealth Minister may do anything required by the

direction to be done.

•

If property has not been removed in accordance with a

direction, the responsible Commonwealth Minister may direct

the owner to remove or dispose of the property.

substitute:

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•

If there is a breach of a direction, NOPSEMA or the

responsible Commonwealth Minister may do anything

required by the direction to be done.

•

If property has not been removed in accordance with a

direction, NOPSEMA or the responsible Commonwealth

Minister may direct the owner to remove or dispose of the

property.

43 Section 591A

Before "the responsible Commonwealth Minister", insert "NOPSEMA

or".

44 At the end of section 591A

Add:

; or (c) a provision of Chapter 3.

45 After section 591A

Insert:

591B Remedial directions to current holders of permits, leases and

licences--NOPSEMA

Scope

(1) This section applies to:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

injection of a greenhouse gas substance into an identified

greenhouse gas storage formation have been carried on under

the licence.

Direction to registered holder

(2) NOPSEMA may, by written notice given to the registered holder

of the permit, lease or licence, direct the holder to do any or all of

the following things on or before the applicable date:

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(a) to:

(i) remove, or cause to be removed, from the title area all

property brought into that area by any person engaged

or concerned in the operations authorised by the permit,

lease or licence; or

(ii) make arrangements that are satisfactory to NOPSEMA

in relation to that property;

(b) to plug or close off, to the satisfaction of NOPSEMA, all

wells made in the title area by any person engaged or

concerned in those operations;

conservation and protection of the natural resources in the

title area;

(d) to make good, to the satisfaction of NOPSEMA, any damage

to the seabed or subsoil in the title area caused by any person

engaged or concerned in those operations.

Note 1:

For applicable date and title area, see subsection (7).

Note 2:

For variation and revocation, see subsection 33(3) of the Acts

Interpretation Act 1901.

(3) Paragraph (2)(c) has effect subject to:

(a) Chapter 3; and

(b) this Chapter; and

(4) In attaining a state of satisfaction for the purposes of

paragraph (2)(b), NOPSEMA must have regard to the principle that

plugging or closing off wells should be carried out in a way that

minimises damage to the petroleum-bearing qualities of geological

formations.

Offence

(5) A person commits an offence if:

(a) the person is subject to a direction under subsection (2); and

(b) the person omits to do an act; and

Penalty: 100 penalty units.

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(6) An offence against subsection (5) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code.

Applicable date and title area

(7) For the purposes of this section, the table has effect:

Applicable date and title area

Item

In the case of ...

the applicable date is

...

and the title area is ...

a greenhouse gas

assessment permit

the expiry date of the

permit

the permit area.

a greenhouse gas

holding lease (other

than a special

greenhouse gas holding

lease)

the expiry date of the

lease

the lease area.

a special greenhouse

gas holding lease

the date determined, in

writing, by NOPSEMA

the lease area.

a greenhouse gas

injection licence

the first date on which

the licence can be

terminated under this

Act

the licence area.

(8) A notice under subsection (2) need not identify the applicable date

as a particular calendar date.

46 Section 592 (heading)

Repeal the heading, substitute:

592 Remedial directions to current holders of permits, leases and

licences--responsible Commonwealth Minister

47 Paragraph 592(2)(d)

Omit "operations.", substitute "operations;".

48 At the end of subsection 592(2) (before the notes)

Add:

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so long as the direction is given for a purpose that relates to:

(e) resource management; or

(f) resource security; or

(g) decommissioning.

49 At the end of section 592

Add:

Inconsistency

(8) If a direction under this section is inconsistent with a direction

under section 591B, the direction under this section has no effect to

the extent of the inconsistency.

50 After section 594

Insert:

594A Remedial directions to former holders of permits, leases,

licences and authorities etc.--NOPSEMA

Scope

(1) This section applies if an event specified in the table has happened:

Scope

Item

Title

Event

Greenhouse gas assessment

permit

(a) the permit has been cancelled;

(b) the permit has expired.

Greenhouse gas holding lease

(other than a special greenhouse

gas holding lease)

(a) the lease has been cancelled;

(b) the lease has expired.

Special greenhouse gas holding

lease

the lease has been cancelled.

Greenhouse gas injection

licence

(a) the licence has been cancelled;

(b) the licence has been terminated.

Greenhouse gas search authority (a) the authority has been surrendered;

(b) the authority has been cancelled;

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Scope

Item

Title

Event

Greenhouse gas special

authority

(a) the authority has been revoked;

(b) the authority has been surrendered;

Direction

(2) NOPSEMA may, by written notice given to the person who was, or

is, as the case may be, the registered holder of the permit, lease,

licence or authority, direct the person to do any or all of the

following things within the period specified in the notice:

(a) to:

(i) remove, or cause to be removed, from the vacated area

all property brought into that area by any person

engaged or concerned in the operations authorised by

the permit, lease, licence or authority; or

(ii) make arrangements that are satisfactory to NOPSEMA

in relation to that property;

(b) to plug or close off, to the satisfaction of NOPSEMA, all

wells made in the vacated area by any person engaged or

concerned in those operations;

conservation and protection of the natural resources in the

vacated area;

(d) to make good, to the satisfaction of NOPSEMA, any damage

to the seabed or subsoil in the vacated area caused by any

person engaged or concerned in those operations.

(3) The period specified in the notice must be reasonable.

(4) Paragraph (2)(c) has effect subject to:

(a) Chapter 3; and

(b) this Chapter; and

(5) In attaining a state of satisfaction for the purposes of

paragraph (2)(b), NOPSEMA must have regard to the principle that

plugging or closing off wells should be carried out in a way that

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minimises damage to the petroleum-bearing qualities of geological

formations.

Offence

(6) A person commits an offence if:

(a) the person is subject to a direction under subsection (2); and

(b) the person omits to do an act; and

Penalty: 100 penalty units.

(7) An offence against subsection (6) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code.

51 Section 595 (heading)

Repeal the heading, substitute:

595 Remedial directions to former holders of permits, leases,

licences and authorities etc.--responsible Commonwealth

Minister

52 Paragraph 595(2)(d)

Omit "operations.", substitute "operations;".

53 At the end of subsection 595(2)

Add:

so long as the direction is given for a purpose that relates to:

(e) resource management; or

(f) resource security; or

(g) decommissioning.

54 At the end of section 595

Add:

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Inconsistency

(8) If a direction under this section is inconsistent with a direction

under section 594A, the direction under this section has no effect to

the extent of the inconsistency.

55 After section 595

Insert:

595A NOPSEMA may take action if a direction has been breached

Scope

(1) This section applies if a direction is given under section 594A.

NOPSEMA may take action

(2) If:

(a) a direction under section 594A has been breached in relation

to the vacated area; or

(b) an arrangement under section 594A has not been carried out

in relation to the vacated area;

NOPSEMA may do any or all of the things required by the

direction or arrangement to be done.

(3) If:

(a) a direction is given under section 594A; and

(b) any property brought into the vacated area by any person

engaged or concerned in the operations authorised by the

permit, lease, licence or authority has not been removed in

accordance with:

(i) a direction under section 594A in relation to the vacated

area; or

(ii) an arrangement under section 594A in relation to the

vacated area;

NOPSEMA may, by notifiable instrument, direct the owner or

owners of that property to:

(d) dispose of the property to the satisfaction of NOPSEMA;

within the period specified in the instrument.

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Note:

For sanctions, see section 596A.

(4) The period specified in the instrument must be reasonable.

(5) If a direction is given under subsection (3) in relation to property,

NOPSEMA must give a copy of the instrument to each person

whom NOPSEMA believes to be an owner of the property or of

any part of the property.

56 After section 596

Insert:

596A Removal, disposal or sale of property by NOPSEMA--breach

of direction

Power to remove, dispose of or sell property

(1) If a direction under subsection 595A(3) has been breached in

relation to property, NOPSEMA may do any or all of the following

things:

(a) remove, in such manner as NOPSEMA thinks fit, any or all

of that property from the vacated area concerned;

(b) dispose of, in such manner as NOPSEMA thinks fit, any or

all of that property;

the notice of the direction--sell, by public auction or

otherwise, as NOPSEMA thinks fit, any or all of that

property that belongs, or that NOPSEMA believes to belong,

to that person.

Deduction of costs and expenses etc. from proceeds of sale

(2) NOPSEMA may deduct, from the proceeds of a sale under

subsection (1) of property that belongs (or that NOPSEMA

believes to belong) to a particular person, the whole or a part of:

(a) any costs and expenses incurred by NOPSEMA under that

subsection in relation to that property; and

(b) any costs and expenses incurred by NOPSEMA in relation to

the doing of any thing required by a direction under

section 594A to be done by that person; and

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under this Act, so long as the fee or amount is due and

payable.

(3) NOPSEMA may, on behalf of the Commonwealth, deduct, from

the proceeds of a sale under subsection (1) of property that belongs

(or that NOPSEMA believes to belong) to a particular person, the

whole or a part of:

(a) any fees or amounts payable by that person to the

Commonwealth under this Act, so long as the fee or amount

concerned is due and payable; and

(b) any amounts payable by that person under any of the

following provisions of the Regulatory Levies Act:

(i) section 5;

(ii) section 7;

(iii) section 9;

(iv) section 10A;

(v) section 10C;

(vi) section 10E;

(vii) section 10F;

so long as the amount concerned is due and payable.

(4) If NOPSEMA deducts an amount under subsection (3),

NOPSEMA must remit that amount to the Commonwealth.

Balance of proceeds of sale to be paid to owner of property

(5) The proceeds of a sale of property under subsection (1), less any

deductions under subsection (2) or (3), are to be paid to the owner

of the property.

Recovery of costs and expenses--removal, disposal or sale of

property

(6) If NOPSEMA incurs any costs or expenses under subsection (1) in

relation to the removal, disposal or sale of property, the costs or

expenses:

(a) are a debt due by the owner of the property to NOPSEMA;

and

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(b) to the extent to which they are not recovered under

subsection (2)--are recoverable in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

Recovery of costs and expenses--breach of direction

(7) If NOPSEMA incurs costs or expenses in relation to the doing of

anything required by a direction under section 594A to be done by

a person who is or was the registered holder of:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

(d) a greenhouse gas search authority; or

(e) a greenhouse gas special authority;

the costs or expenses:

(f) are a debt due by the person to NOPSEMA; and

(g) to the extent to which they are not recovered under

subsection (2)--are recoverable in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

57 Paragraph 597(2)(d)

Repeal the paragraph, substitute:

(d) any amounts payable by that person under any of the

following provisions of the Regulatory Levies Act:

(i) section 5;

(ii) section 7;

(iii) section 9;

(iv) section 10A;

(v) section 10C;

(vi) section 10E;

(vii) section 10F;

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so long as the amount concerned is due and payable.

58 After subsection 598(1)

Insert:

(1A) Except as provided by subsection 596A(6) or section 780, no

action, suit or proceeding lies in relation to the removal, disposal or

sale, or the purported removal, disposal or sale, of property under

section 596A.

59 Subsection 598(2)

After "(1)", insert "or (1A)".

60 Division 1 of Part 6.5 (heading)

Repeal the heading, substitute:

Division 1--Petroleum and greenhouse gas

61 Section 599

After:

•

A person must not interfere with offshore petroleum

installations or operations.

insert:

•

A person must not interfere with greenhouse gas installations

or operations.

62 Section 600

Insert:

greenhouse gas title means:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

(d) a greenhouse gas search authority; or

(e) a greenhouse gas special authority; or

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(f) a greenhouse gas research consent.

63 Subsection 601(1) (after table item 1)

Insert:

Chapter 3

Regulation of activities related to

injection and storage of greenhouse

gas substances

64 Subsection 601(1) (after table item 2)

Insert:

Chapter 5

Registration of transfers of, and

dealings in, greenhouse gas titles

65 Subsection 601(1) (table items 3 and 4)

Repeal the items, substitute:

Part 6.1

Operations

66 Subsection 601(1) (after table item 5)

Insert:

Part 6.3

Directions relating to greenhouse

gas

67 Subsection 601(1) (table item 6)

Repeal the item, substitute:

Part 6.4

Restoration of the environment

68 Subsection 601(1) (table item 9, column headed

"Provisions")

Omit ", to the extent that the Part applies in relation to petroleum titles".

69 Subsection 601(1) (table item 11, column headed

"Provisions")

Omit ", to the extent that the Division applies in relation to petroleum

titles".

70 Subsection 601(1) (after table item 12)

Insert:

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12A

Chapter 8

Information relating to greenhouse

gas

71 Subsection 601(1) (table item 13, column headed

"Topic")

Omit "Petroleum environmental laws", substitute "Environmental

management laws".

72 Subsection 601(1) (table item 16, column headed

"Provisions")

Omit ", to the extent that the regulations apply in relation to petroleum

titles".

73 Subsection 601(1) (after table item 16)

Insert:

16A

The provisions of the Offshore

Petroleum and Greenhouse Gas

Storage (Greenhouse Gas Injection

and Storage) Regulations 2011

Regulation of greenhouse gas

injection and storage

74 Subsection 601(1) (table item 17)

Repeal the item, substitute:

The provisions of Part 5 of the

Offshore Petroleum and Greenhouse

Gas Storage (Resource Management

and Administration)

Regulations 2011

Structural integrity of wells and well

operations

75 Subsection 601(1) (table item 18, column headed

"Provisions")

Omit ", to the extent that the regulations apply in relation to petroleum

titles".

76 Subsection 602C(10) (before the note)

Insert:

Note 1:

Under Schedule 2A to this Act, NOPSEMA inspectors may exercise

additional powers, and perform additional functions, for the purpose

of monitoring environmental management laws.

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77 Subsection 602C(10) (note)

After "Note", insert "2".

78 Subsection 602C(10) (note)

Omit ", environmental management laws and structural integrity laws".

79 Subsection 602E(1)

After "Part", insert "2 or".

80 Paragraph 602E(2)(a)

Omit "a petroleum environmental law", substitute "an environmental

management law".

81 Paragraph 602E(2)(a)

Omit "a petroleum environmental inspection", substitute "an

environmental inspection".

82 Subsection 602E(3)

Omit "a petroleum environmental inspection", substitute "an

environmental inspection".

83 Paragraph 602F(3)(c)

Omit "a petroleum environmental law", substitute "an environmental

management law".

84 Subsection 602G(3) (paragraph (b) of the definition of

responsible person)

After "a petroleum title", insert "or greenhouse gas title".

85 Section 602J (heading)

Repeal the heading, substitute:

602J Environmental management laws--additional powers

86 Section 602J

Omit "the petroleum environmental laws", substitute "environmental

management laws (within the meaning of that Schedule)".

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87 Subsection 602K(8) (definition of greenhouse gas title)

Repeal the definition, substitute:

greenhouse gas title: see section 600.

88 Subsection 602K(8) (paragraph (b) of the definition of

inspection)

Omit "a petroleum environmental inspection", substitute "an

environmental inspection".

89 Subsection 602K(8) (definition of offshore premises)

Repeal the definition, substitute:

offshore premises has the same meaning as in Schedule 2A.

90 Subsection 602K(8) (paragraph (b) of the definition of

titleholder

's obligations)

Omit "a petroleum environmental inspection", substitute "an

environmental inspection".

91 Subsection 602K(8) (paragraph (b) of the definition of

titleholder

's obligations)

Omit "a petroleum environmental law", substitute "an environmental

management law".

92 Subsection 602K(8) (subparagraph (c)(ii) of the definition

of titleholder

's obligations)

Omit ", to the extent that the Part relates to petroleum titles".

93 Section 602L (paragraph (a) of the note)

Omit "petroleum environmental laws", substitute "environmental

management laws".

94 Division 2 of Part 6.5 (heading)

Repeal the heading.

95 Sections 605 to 608

Repeal the sections.

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96 Subsection 611B(2) (table item 2, column headed

"is an

authorised applicant in relation to the following civil

penalty provisions in this Act (to the extent indicated)

... ", after paragraph (b))

Insert:

(ba) subsection 452A(9);

97 Subsection 611B(2) (table item 3, column headed

"is an

authorised applicant in relation to the following civil

penalty provisions in this Act (to the extent indicated)

... ", after paragraph (d))

Insert:

(da) subsection 452A(9);

98 After paragraph 611E(1)(c)

Insert:

(ca) subsection 452A(7);

99 Subsection 611E(2) (table item 1, column headed

"is an

infringement officer in relation to the following

provisions in this Act ... ", after paragraph (a))

Insert:

(aa) subsection 452A(7);

100 Subsection 611E(2) (table item 2, column headed

"is an

infringement officer in relation to the following

provisions in t

his Act ... ", after paragraph (c))

Insert:

(ca) subsection 452A(7);

101 Subsection 611E(2) (table item 3, column headed

"is an

infringement officer in relation to the following

provisions in this Act ... ", after paragraph (c))

Insert:

(ca) subsection 452A(7);

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102 Subsection 611J(2) (table item 3, column headed

"is an

authorised person in relation to the following

provisions in this Act (to the extent indicated) ...

", after

paragraph (b))

Insert:

(ba) subsections 452A(2), (3), (4) and (5);

103 Subsection 611J(2) (table item

3, column headed "is an

authorised person in relation to the following

provisions in this Act (to the extent indicated) ...

paragraph (v))

After "(2)", insert ", (2A)".

104 Subsection 611J(2) (table item 4, column headed

"is an

authorised person in relation to the following

provisions in this Act (to the extent indicated) ...

", after

paragraph (d))

Insert:

(da) subsections 452A(2), (3), (4) and (5);

105 Section 612

Omit:

•

The responsible Commonwealth Minister may prohibit certain

vessels from entering or being present in an area (called a

greenhouse gas safety zone) surrounding a greenhouse gas

well, a structure, or an item of equipment, in an offshore area.

substitute:

•

NOPSEMA may prohibit certain vessels from entering or

being present in an area (called a greenhouse gas safety zone)

surrounding a greenhouse gas well, a structure, or an item of

equipment, in an offshore area.

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106 Section 614 (paragraph (d) of the definition of exempt

vessel)

Omit "the responsible Commonwealth Minister", substitute

"NOPSEMA".

107 Paragraph 615(1)(e)

Omit "or (3)".

108 Subsection 615(3)

Repeal the subsection.

109 Subsection 615(4)

Omit "or (3)".

110 Subsection 617(1)

Omit "the responsible Commonwealth Minister" (wherever occurring),

substitute "NOPSEMA".

111 Section 643 (definition of environmental management

law)

Repeal the definition.

112 Subsections 646A(5), (6) and (7)

Repeal the subsections, substitute:

Limits on greenhouse gas storage functions

(5) Section 646 does not authorise NOPSEMA to perform a function

that is:

(a) mentioned in a State greenhouse gas storage functions

provision; and

(b) conferred by or under a particular State PSLA or the

Territory PSLA;

unless:

which it relates to occupational health and safety matters in

connection with offshore greenhouse gas storage operations,

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are conferred on NOPSEMA by or under the State PSLA or

Territory PSLA, as the case may be; and

(d) the functions mentioned in paragraph 646(gb), to the extent

to which it relates to structural integrity in connection with:

(i) the exploration for potential greenhouse gas storage

formations or potential greenhouse gas injection sites;

(ii) the injection of a greenhouse gas substance into the

seabed or subsoil; or

(iii) the permanent storage of a greenhouse gas substance in

the seabed or subsoil; or

(iv) the compression, processing, offloading, piped

conveyance or pre-injection storage of a greenhouse gas

substance; or

(v) the monitoring of a greenhouse gas substance stored in

the seabed or subsoil;

are conferred on NOPSEMA by or under the State PSLA or

Territory PSLA, as the case may be; and

(e) there are provisions of the State PSLA or Territory PSLA, as

the case may be, that substantially correspond to Schedule 3

to this Act as in force:

(i) at the commencement of this subsection; or

(ii) at any later time; and

(f) there are regulations under the State PSLA or Territory

PSLA, as the case may be, that substantially correspond to

the greenhouse gas storage provisions of the Offshore

Petroleum and Greenhouse Gas Storage (Safety)

Regulations 2009 as in force:

(i) at the commencement of this subsection; or

(ii) at any later time; and

(g) there are regulations under the State PSLA or Territory

PSLA, as the case may be, that substantially correspond to

the greenhouse gas storage provisions of Part 5 of the

Offshore Petroleum and Greenhouse Gas Storage (Resource

Management and Administration) Regulations 2011 as in

force:

(i) at the commencement of this subsection; or

(ii) at any later time; and

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(h) if the function mentioned in paragraph 646(gj) is conferred

on NOPSEMA by or under the State PSLA or Territory

PSLA, as the case may be--there are regulations under the

State PSLA or Territory PSLA, as the case may be, that

substantially correspond to the greenhouse gas storage

provisions of the Offshore Petroleum and Greenhouse Gas

Storage (Environment) Regulations 2009 as in force:

(i) at the commencement of this subsection; or

(ii) at any later time.

Note 1:

For State greenhouse gas storage functions provision, see

subsection (6).

Note 2:

For greenhouse gas storage provisions, see subsection (8).

(6) For the purposes of this section, State greenhouse gas storage

functions provision means:

(a) paragraph 646(b), to the extent to which it relates to

occupational health and safety matters in connection with

offshore greenhouse gas storage operations; or

(b) paragraph 646(gb), to the extent to which it relates to

structural integrity in connection with:

(i) the exploration for potential greenhouse gas storage

formations or potential greenhouse gas injection sites;

(ii) the injection of a greenhouse gas substance into the

seabed or subsoil; or

(iii) the permanent storage of a greenhouse gas substance in

the seabed or subsoil; or

(iv) the compression, processing, offloading, piped

conveyance or pre-injection storage of a greenhouse gas

substance; or

(v) the monitoring of a greenhouse gas substance stored in

the seabed or subsoil; or

113 Paragraph 695U(1)(b)

Omit "Act.", substitute "Act; or".

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114 After paragraph 695U(1)(b)

Insert:

under the Regulatory Powers Act so far as it applies in

relation to a provision of this Act; or

(d) the administration of the Regulatory Powers Act so far as it

applies in relation to a provision of this Act.

115 Subsection 695U(4)

Omit "information or a thing", substitute "information, or a thing,".

116 After subsection 695U(4)

Insert:

Part does not apply in relation to Part 8.3

(4A) This Part does not apply to:

(a) offshore information, or a thing, covered by Part 8.3; or

(b) a legislative instrument made for the purposes of that Part.

117 Subsection 695U(6)

Repeal the subsection, substitute:

Part does not apply in relation to certain offshore greenhouse gas

storage operations

(6) This Part does not apply to the extent that offshore information:

(a) relates to offshore greenhouse gas storage operations (within

the meaning of Part 6.9); and

(b) is personal information (within the meaning of the Privacy

Act 1988); and

118 Section 722

Omit:

•

The Titles Administrator or a greenhouse gas project inspector

may obtain information or documents.

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substitute:

•

The Titles Administrator or a NOPSEMA inspector may

obtain information or documents.

119 Section 725 (heading)

Repeal the heading, substitute:

725 Titles Administrator or NOPSEMA inspector may obtain

information and documents

120 Paragraph 725(1)(b)

Repeal the paragraph, substitute:

(b) a NOPSEMA inspector;

121 Subsection 725(2)

Omit "greenhouse gas project inspector" (wherever occurring),

substitute "NOPSEMA inspector".

122 Section 727

Omit "greenhouse gas project inspector" (wherever occurring),

substitute "NOPSEMA inspector".

123 Section 729

Omit "greenhouse gas project inspector", substitute "NOPSEMA

inspector".

124 Section 730 (heading)

Repeal the heading, substitute:

730 Titles Administrator or NOPSEMA inspector may retain

documents

125 Subsections 730(1), (2) and (4)

Omit "greenhouse gas project inspector", substitute "NOPSEMA

inspector".

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126 Paragraph 731(a)

Omit "greenhouse gas project inspector", substitute "NOPSEMA

inspector".

127 Paragraph 732(b)

Omit "greenhouse gas project inspector", substitute "NOPSEMA

inspector".

128 Subsection 733A(1)

Omit "greenhouse gas project inspector as to the exercise of the

greenhouse gas project inspector's", substitute "NOPSEMA inspector

as to the exercise of the NOPSEMA inspector's".

129 Subsection 733A(2)

Omit "greenhouse gas project inspector", substitute "NOPSEMA

inspector".

130 Paragraph 768(1)(h)

Repeal the paragraph.

131 Paragraph 780F(1)(b)

Omit "and".

132 Paragraph 780F(1)(c)

Repeal the paragraph.

133 Paragraph 780F(2)(b)

Omit "or".

134 Paragraph 780F(2)(c)

Repeal the paragraph.

135 Paragraph 780F(7)(b)

Omit "inspector; or", substitute "inspector.".

136 Paragraph 780F(7)(c)

Repeal the paragraph.

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137 Paragraph 780F(8)(b)

Omit "inspector; or", substitute "inspector.".

138 Paragraph 780F(8)(c)

Repeal the paragraph.

139 Subsection 780F(8A)

Repeal the subsection, substitute:

(8A) For the purposes of subsection (8), the following provisions are

covered by this subsection, namely, subsection 35(6) or 76(6) of

the Regulatory Powers Act, as it applies in relation to a

NOPSEMA inspector (see Division 1 of Part 6.5 of this Act).

Note:

The listed provisions require NOPSEMA inspectors to carry their

identity cards with them at all times while exercising their powers.

140 Paragraph 780F(9)(b)

Omit "inspector;", substitute "inspector.".

141 Paragraph 780F(9)(c)

Repeal the paragraph.

142 Schedule 2A (heading)

Repeal the heading (including the note), substitute:

Schedule 2A--Environmental management

laws: additional NOPSEMA

inspection powers

Note:

See section 602J.

143 Clause 1 of Schedule 2A

Repeal the clause, substitute:

1 Simplified outline of this Schedule

•

This Schedule covers those provisions of this Act (called

environmental management laws) that concern offshore

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petroleum and greenhouse gas storage environmental

management in Commonwealth waters.

•

NOPSEMA inspectors may conduct an inspection (called an

environmental inspection) to monitor compliance with

environmental management laws.

•

A NOPSEMA inspector must prepare a report about an

inspection and give the report to NOPSEMA.

•

The powers that a NOPSEMA inspector may exercise for the

purposes of an inspection are in addition to the powers in

relation to environmental management laws that the inspector

may exercise for the purposes of Division 1 of Part 6.5 of this

Act.

144 Clause 2 of Schedule 2A

Insert:

eligible premises means premises (within the ordinary meaning of

that expression), and includes the following:

(a) a structure or building;

(b) a place that is enclosed;

145 Clause 2 of Schedule 2A (definition of enter)

Omit "petroleum".

146 Clause 2 of Schedule 2A

Insert:

environmental inspection: see clause 3.

environmental management law means:

(a) the provisions of this Act, to the extent to which the

provisions relate to, or empower NOPSEMA to take action in

relation to, offshore petroleum environmental management

(within the meaning of Part 6.9 of this Act) in relation to

Commonwealth waters; or

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(b) the provisions of this Act, to the extent to which the

provisions relate to, or empower NOPSEMA to take action in

relation to, offshore greenhouse gas storage environmental

management (within the meaning of Part 6.9 of this Act) in

relation to Commonwealth waters;

and includes:

extent mentioned in paragraph (a); and

(d) a requirement made under a provision of this Act, to the

extent mentioned in paragraph (b); and

(e) section 571 (which deals with financial assurance); and

(f) a regulation made for the purposes of subsection 571(3) in

relation to compliance with section 571.

147 Clause 2 of Schedule 2A (definition of facility)

Repeal the definition, substitute:

facility has the meaning given by Schedule 3.

148 Clause 2 of Schedule 2A

Insert:

greenhouse gas title means:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

(d) a greenhouse gas search authority; or

(e) a greenhouse gas special authority; or

(f) a greenhouse gas research consent.

149 Clause 2 of Schedule 2A (definition of offence against a

petroleum environmental law)

Repeal the definition.

150 Clause 2 of Schedule 2A

Insert:

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offence against an environmental management law: see

clause 14.

151 Clause 2 of Schedule 2A (definition of offshore

petroleum premises)

Repeal the definition.

152 Clause 2 of Schedule 2A

Insert:

offshore premises means any of the following, if located in

Commonwealth waters:

(a) a facility;

(b) an infrastructure facility that is (or has been) the subject of an

infrastructure licence;

out a seismic survey for the following purposes:

(i) petroleum exploration;

(ii) exploration for potential greenhouse gas storage

formations;

(iii) exploration for potential greenhouse gas injection sites;

(d) any other premises (other than a vessel under the command

or charge of a master) that are or are to be used, or that have

been used, for the carrying out of an activity in connection

with the exercise of a titleholder's rights, or the performance

of a titleholder's obligations, under this Act.

153 Clause 2 of Schedule 2A

Repeal the following definitions:

(a) definition of petroleum environmental inspection;

(b) definition of petroleum environmental law.

154 Clause 2 of Schedule 2A (definition of premises)

Omit "Act in its application under Division 1 of Part 6.5 of this Act (see

section 602F of this Act)", substitute "Act. This definition does not

apply to the definition of eligible premises".

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155 Clause 2 of Schedule 2A (definition of regulated

business premises)

Repeal the definition, substitute:

regulated business premises means:

(a) eligible premises that are:

(i) on land; and

(ii) occupied by the registered holder of a title; and

(iii) used, or proposed to be used, wholly or principally in

connection with operations in relation to one or more

titles, including that title; or

(b) eligible premises that are:

(i) on land; and

(ii) occupied by a related body corporate of the registered

holder of a title; and

(iii) used, or proposed to be used, wholly or principally in

connection with operations in relation to one or more

titles, including that title; or

(i) on land; and

(ii) occupied by a person who, under a contract,

arrangement or understanding with the registered holder

of a title, has carried out, is carrying out, or is to carry

out one or more operations in connection with the

exercise of the holder's rights, or the performance of the

holder's obligations, under this Act; and

(iii) used, or proposed to be used, wholly or partly in

connection with operations in relation to one or more

titles, including that title; and

(iv) not used as a residence; or

(d) eligible premises that are:

(i) on land; and

(ii) occupied by a person who, under a contract,

arrangement or understanding with a related body

corporate of the registered holder of a title, has carried

out, is carrying out, or is to carry out one or more

operations in connection with the exercise of the

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holder's rights, or the performance of the holder's

obligations, under this Act; and

(iii) used, or proposed to be used, wholly or partly in

connection with operations in relation to one or more

titles, including that title; and

(iv) not used as a residence.

156 Clause 2 of Schedule 2A

Insert:

title means:

(a) a petroleum title; or

(b) a greenhouse gas title.

157 Clause 2 of Schedule 2A (definition of titleholder)

Repeal the definition, substitute:

titleholder means the registered holder of:

(a) a petroleum title; or

(b) a greenhouse gas title.

158 Part 2 of Schedule 2A (heading)

Repeal the heading, substitute:

Part 2--Environmental inspections

159 Division 1 of Part 2 of Schedule 2A (heading)

Repeal the heading, substitute:

Division 1--Environmental inspections: general provisions

160 Clause 3 of Schedule 2A (heading)

Repeal the heading, substitute:

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3 Environmental inspections--nature of inspections

161 Subclause 3(1) of Schedule 2A (heading)

Repeal the heading, substitute:

What is an environmental inspection?

162 Subclause 3(1) of Schedule 2A

Omit "A petroleum", substitute "An".

163 Subclause 3(2) of Schedule 2A

Omit "a petroleum environmental inspection", substitute "an

environmental inspection".

164 Paragraph 3(2)(a) of Schedule 2A

Omit "a petroleum environmental law", substitute "an environmental

management law".

165 Paragraph 3(2)(b) of Schedule 2A

Omit "a petroleum environmental law", substitute "an environmental

management law".

166 Subclause 3(3) of Schedule 2A

Omit "a petroleum environmental inspection", substitute "an

environmental inspection".

167 Subclause 3(4) of Schedule 2A

Omit "a petroleum environmental inspection", substitute "an

environmental inspection".

168 Clause 4 of Schedule 2A (heading)

Repeal the heading, substitute:

4 Environmental inspections--offshore premises

169 Subclause 4(1) of Schedule 2A

Omit "a petroleum environmental inspection", substitute "an

environmental inspection".

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170 Subparagraph 4(1)(a)(iv) of Schedule 2A

Omit "and".

171 At the end of paragraph 4(1)(a) of Schedule 2A

Add:

(v) exercise the powers conferred by clause 8 in relation to

the inspection;

(vi) exercise the powers conferred by clause 9 in relation to

the inspection; and

172 Clause 4 of Schedule 2A

Omit "offshore petroleum premises" (wherever occurring), substitute

"offshore premises".

173 Clause 5 of Schedule 2A (heading)

Repeal the heading, substitute:

5 Environmental inspections--regulated business premises

174 Subclause 5(1) of Schedule 2A

Omit "a petroleum environmental inspection", substitute "an

environmental inspection".

175 Paragraph 5(1)(a) of Schedule 2A

After "those premises", insert "plant, substances,".

176 Subparagraph 5(1)(a)(i) of Schedule 2A

After "a petroleum title", insert "or a greenhouse gas title".

177 Subparagraph 5(1)(a)(ii) of Schedule 2A

Omit "a petroleum environmental law", substitute "an environmental

management law".

178 Paragraph 5(1)(b) of Schedule 2A

Repeal the paragraph, substitute:

(b) search those premises for any such plant, substances,

documents or things at those premises; and

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documents at those premises; and

(d) inspect, examine or measure, or conduct tests concerning:

(i) those premises (including any part of those premises);

(ii) any such plant, substances or things at those premises;

and

(e) take photographs of, make video recordings of, or make

sketches of:

(i) those premises (including any part of those premises);

(ii) any such plant, substances or things at those premises;

and

(f) exercise the powers conferred by clause 8 in relation to the

inspection; and

(g) exercise the powers conferred by clause 9 in relation to the

inspection.

179 Subclause 5(2) of Schedule 2A

Repeal the subclause, substitute:

Notification of entry

(2) Immediately on entering regulated business premises for the

purposes of an inspection, a NOPSEMA inspector must take

reasonable steps to notify the purpose of the entry to:

(a) in the case of an inspection at regulated business premises

that are occupied by the titleholder--a person representing

the titleholder; or

(b) in the case of an inspection at regulated business premises

that are occupied by a related body corporate of the

titleholder--a person representing the related body corporate;

that are occupied by a person covered by subparagraph (c)(ii)

of the definition of regulated business premises in

clause 2--a person representing the person; or

(d) in the case of an inspection at regulated business premises

that are occupied by a person covered by subparagraph (d)(ii)

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of the definition of regulated business premises in

clause 2--a person representing the person.

180 Subclause 5(3) of Schedule 2A

Omit "occupier" (first occurring), substitute "person required to be

notified under subclause (2)".

181 Subclause 5(3) of Schedule 2A

Omit "occupier" (second occurring), substitute "person".

182 Clause 6 of Schedule 2A (heading)

Repeal the heading, substitute:

6 Environmental inspections--obstructing or hindering NOPSEMA

inspector

183 Division 2 of Part 2 of Schedule 2A (heading)

Repeal the heading, substitute:

Division 2--Environmental inspections: compliance

powers

184 Clause 7 of Schedule 2A (heading)

Repeal the heading, substitute:

7 Environmental inspections--power to require assistance

185 Subclause 7(1) of Schedule 2A

Omit "a petroleum environmental inspection", substitute "an

environmental inspection".

186 Subclause 7(1) of Schedule 2A

Omit "offshore petroleum premises", substitute "offshore premises".

187 Subclause 7(1) of Schedule 2A

After "a petroleum title", insert "or a greenhouse gas title".

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188 Clause 8 of Schedule 2A (heading)

Repeal the heading, substitute:

8 Environmental inspections--powers to require information, and

the production of documents and things

189 Paragraph 8(1)(a) of Schedule 2A

Omit "a petroleum environmental inspection", substitute "an

environmental inspection".

190 Paragraph 8(1)(a) of Schedule 2A

After "a petroleum title", insert "or a greenhouse gas title".

191 Subparagraph 8(1)(b)(ii) of Schedule 2A

Omit "offshore petroleum premises", substitute "offshore premises".

192 Subparagraph 8(1)(b)(ii) of Schedule 2A

After "petroleum activities", insert "or greenhouse gas activities".

193 Subparagraph 8(1)(b)(iii) of Schedule 2A

After "premises", insert "that are occupied by the titleholder".

194 Subparagraph 8(1)(b)(iii) of Schedule 2A

Omit "any person", substitute "a person".

195 At the end of paragraph 8(1)(b) of Schedule 2A

Add:

or (iv) in the case of an inspection at regulated business

premises that are occupied by a related body corporate

of the titleholder--a person representing the related

body corporate; or

(v) in the case of an inspection at regulated business

premises that are occupied by a person covered by

subparagraph (c)(ii) of the definition of regulated

business premises in clause 2--a person representing

the person; or

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(vi) in the case of an inspection at regulated business

premises that are occupied by a person covered by

subparagraph (d)(ii) of the definition of regulated

business premises in clause 2--a person representing

the person;

196 Subclause 8(2) of Schedule 2A

Omit "offshore petroleum premises", substitute "offshore premises".

197 Paragraph 8(3)(a) of Schedule 2A

Omit "a petroleum environmental inspection", substitute "an

environmental inspection".

198 Paragraph 8(3)(a) of Schedule 2A

After "a petroleum title", insert "or a greenhouse gas title".

199 Subparagraph 8(3)(b)(ii) of Schedule 2A

Omit "offshore petroleum premises", substitute "offshore premises".

200 Subparagraph 8(3)(b)(ii) of Schedule 2A

After "petroleum activities", insert "or greenhouse gas activities".

201 Subparagraph 8(3)(b)(iii) of Schedule 2A

After "premises", insert "that are occupied by the titleholder".

202 Subparagraph 8(3)(b)(iii) of Schedule 2A

Omit "any person", substitute "a person".

203 At the end of paragraph 8(3)(b) of Schedule 2A

Add:

or (iv) in the case of an inspection at regulated business

premises that are occupied by a related body corporate

of the titleholder--a person representing the related

body corporate; or

(v) in the case of an inspection at regulated business

premises that are occupied by a person covered by

subparagraph (c)(ii) of the definition of regulated

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business premises in clause 2--a person representing

the person; or

(vi) in the case of an inspection at regulated business

premises that are occupied by a person covered by

subparagraph (d)(ii) of the definition of regulated

business premises in clause 2--a person representing

the person;

204 Subclause 8(4) of Schedule 2A

Omit "offshore petroleum premises", substitute "offshore premises".

205 Subclause 8(15) of Schedule 2A (heading)

Repeal the heading, substitute:

Notice--taking possession at offshore premises

206 Subclause 8(15) of Schedule 2A

Omit "offshore petroleum premises", substitute "offshore premises".

207 Subclause 8(17) of Schedule 2A (heading)

Repeal the heading, substitute:

Notice--taking possession otherwise than at offshore premises

208 Subclause 8(17) of Schedule 2A

Omit "offshore petroleum premises", substitute "offshore premises".

209 Clause 9 of Schedule 2A (heading)

Repeal the heading, substitute:

9 Environmental inspections--power to take possession of plant and

samples etc.

210 Subclause 9(1) of Schedule 2A

Omit "a petroleum environmental inspection", substitute "an

environmental inspection".

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211 Subclause 9(1) of Schedule 2A

After "a petroleum title", insert "or a greenhouse gas title".

212 Subclause 9(1) of Schedule 2A

Omit "offshore petroleum premises", substitute "offshore premises".

213 Subclause 9(1) of Schedule 2A

Before "in connection with", insert ", or regulated business premises,".

214 Paragraph 9(2)(a) of Schedule 2A

Omit "in any case", substitute "if the premises are offshore premises".

215 After paragraph 9(2)(c) of Schedule 2A

Insert:

(ca) if the premises are regulated business premises that are

occupied by the titleholder--a person who represents the

titleholder;

(cb) if the premises are regulated business premises that are

occupied by a related body corporate of the titleholder--a

person who represents the related body corporate;

(cc) if the premises are regulated business premises that are

occupied by a person covered by subparagraph (c)(ii) of the

definition of regulated business premises in clause 2--a

person who represents the person;

(cd) if the premises are regulated business premises that are

occupied by a person covered by subparagraph (d)(ii) of the

definition of regulated business premises in clause 2--a

person who represents the person;

216 Paragraph 9(2)(d) of Schedule 2A

Omit "or (c)", substitute ", (c), (ca), (cb), (cc) or (cd)".

217 Subclause 9(3) of Schedule 2A

Omit "The following", substitute "If the notice relates to offshore

premises, the following".

218 After subclause 9(3) of Schedule 2A

Insert:

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(3A) If the notice relates to regulated business premises, the following

person must cause the notice to be displayed in a prominent place

at the premises:

(a) if the premises are occupied by the titleholder--the

titleholder;

(b) if the premises are occupied by a related body corporate of

the titleholder--a person who represents the related body

corporate;

subparagraph (c)(ii) of the definition of regulated business

premises in clause 2--a person who represents the person;

(d) if the premises are occupied by a person covered by

subparagraph (d)(ii) of the definition of regulated business

premises in clause 2--a person who represents the person.

219 Paragraph 9(4)(b) of Schedule 2A

Repeal the paragraph, substitute:

(b) if the NOPSEMA inspector took possession of the plant,

substance or thing at offshore premises--return it to the

offshore premises as soon as practicable afterwards; and

substance or thing at regulated business premises--return it

to a representative of the occupier of the premises as soon as

practicable afterwards.

220 Clause 10 of Schedule 2A (heading)

Repeal the heading, substitute:

10 Environmental do not disturb notices (general)

221 Subclause 10(1) of Schedule 2A

Omit "a petroleum", substitute "an".

222 Subclause 10(1) of Schedule 2A

Omit "offshore petroleum premises", substitute "offshore premises".

223 Clause 11 of Schedule 2A (heading)

Repeal the heading, substitute:

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11 Environmental inspections--environmental do not disturb

notices (notification and display)

224 Clause 11A of Schedule 2A (heading)

Repeal the heading, substitute:

11A Environmental inspections--environmental prohibition notices

(issue)

225 Subclause 11A(1) of Schedule 2A

Omit "a petroleum", substitute "an".

226 Subclause 11A(1) of Schedule 2A

Omit "offshore petroleum premises", substitute "offshore premises".

227 Subclause 11A(9) of Schedule 2A (definition of premises)

Omit "petroleum".

228 Clause 11B of Schedule 2A (heading)

Repeal the heading, substitute:

11B Environmental inspections--environmental prohibition notices

(notification)

229 Paragraph 11B(1)(a) of Schedule 2A

Omit "petroleum".

230 Paragraph 11B(1)(b) of Schedule 2A

Omit "petroleum".

231 Subclause 11B(5) of Schedule 2A

Omit "a petroleum", substitute "an".

232 Subclause 11B(7) of Schedule 2A (definition of premises)

Omit "petroleum".

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233 Clause 11C of Schedule 2A (heading)

Repeal the heading, substitute:

11C Environmental inspections--environmental improvement

notices (issue)

234 Subclause 11C(1) of Schedule 2A

Omit "a petroleum", substitute "an".

235 Subclause 11C(1) of Schedule 2A

Omit "offshore petroleum premises", substitute "offshore premises".

236 Clause 11C of Schedule 2A

Omit "a petroleum environmental law" (wherever occurring), substitute

"an environmental management law".

237 Clause 11D of Schedule 2A (heading)

Repeal the heading, substitute:

11D Environmental inspections--environmental improvement

notices (compliance and notification)

238 Subclause 11D(1) of Schedule 2A

Omit "a petroleum environmental inspection", substitute "an

environmental inspection".

239 Subclause 11D(1) of Schedule 2A

Omit "offshore petroleum premises", substitute "offshore premises".

240 Subclause 11D(1) of Schedule 2A

Omit "a petroleum environmental law", substitute "an environmental

management law".

241 Clause 12 of Schedule 2A (heading)

Repeal the heading, substitute:

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12 Environmental inspections--tampering with and removing

notices

242 Subclause 12(1) of Schedule 2A

After "9(3)", insert "or (3A)".

243 After subclause 12(2) of Schedule 2A

Insert:

(2A) If a notice has been displayed under subclause 9(3A), a person

must not remove the notice until the plant, substance or thing to

which the notice relates is returned to a representative of the

occupier of the premises from which it was removed.

244 Paragraph 12(4)(a) of Schedule 2A

After "(2)", insert ", (2A)".

245 Clause 12A of Schedule 2A (heading)

Repeal the heading, substitute:

12A Environmental inspections--publishing environmental

prohibition notices and environmental improvement

notices

246 Division 3 of Part 2 of Schedule 2A (heading)

Repeal the heading, substitute:

Division 3--Reports: inspections concerning

environmental management laws

247 Clause 13 of Schedule 2A (heading)

Repeal the heading, substitute:

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13 Reports on inspections concerning environmental management

laws

248 Subclause 13(1) of Schedule 2A

Omit "a petroleum environmental law", substitute "an environmental

management law".

249 Paragraph 13(1)(a) of Schedule 2A

Omit "a petroleum environmental inspection", substitute "an

environmental inspection".

250 Subclause 13(2) of Schedule 2A

Omit "a petroleum environmental inspection", substitute "an

environmental inspection".

251 Subclause 13(2) of Schedule 2A

After "a petroleum title", insert "or a greenhouse gas title".

252 Clause 14 of Schedule 2A

Repeal the clause, substitute:

14 Meaning of offence against an environmental management law

In this Schedule:

offence against an environmental management law includes an

offence against section 6 of the Crimes Act 1914 that relates to an

offence against an environmental management law.

Note:

For other ancillary offences, see section 11.6 of the Criminal Code.

253 Clause 15 of Schedule 2A (heading)

Repeal the heading, substitute:

15 Offences against environmental management laws--prosecutions

254 Clause 15 of Schedule 2A

Omit "a petroleum environmental law", substitute "an environmental

management law".

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255 Clause 16 of Schedule 2A (heading)

Repeal the heading, substitute:

16 Offences against environmental management laws--conduct of

directors, employees and agents

256 Subclause 16(1) of Schedule 2A

Omit "a petroleum environmental law", substitute "an environmental

management law".

257 Subclause 16(8) of Schedule 2A

Omit "a petroleum environmental law", substitute "an environmental

management law".

258 Clause 17 of Schedule 2A (heading)

Repeal the heading, substitute:

17 Environmental inspections--civil proceedings

259 Clause 17 of Schedule 2A

Omit "a petroleum environmental law" (wherever occurring), substitute

"an environmental management law".

260 Clause 18 of Schedule 2A

Repeal the heading, substitute:

18 Offences against environmental management laws--defence of

circumstances preventing compliance

261 Clause 18 of Schedule 2A

Omit "a petroleum environmental law", substitute "an environmental

management law".

262 Clause 3 of Schedule 3

Insert:

eligible premises means premises (within the ordinary meaning of

that expression), and includes the following:

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(a) a structure or building;

(b) a place that is enclosed;

263 Clause 3 of Schedule 3 (definition of premises)

Omit "Act in its application under Division 1 of Part 6.5 of this Act (see

section 602F of this Act).", substitute "Act. This definition does not

apply to the definition of eligible premises.".

264 Clause 3 of Schedule 3 (paragraph (b) of the definition of

regulated business premises)

Before "premises", insert "eligible".

265 Clause 3 of Schedule 3 (before subparagraph (b)(i) of the

definition of regulated business premises)

Insert:

(ia) on land; and

266 Clause 3 of Schedule 3 (paragraphs (c) and (d) of the

definition of regulated business premises)

Repeal the paragraphs, substitute:

(i) on land; and

(ii) occupied by a related body corporate of the operator of

a facility; and

(iii) used, or proposed to be used, wholly or principally in

connection with the performance by the operator of the

operator's obligations under this Schedule or the

Offshore Petroleum and Greenhouse Gas Storage

(Safety) Regulations 2009, or both, in relation to the

health and safety of persons at or near the facility; or

(d) eligible premises that are:

(i) on land; and

(ii) occupied by a person who, under a contract with the

operator of a facility, has carried out, is carrying out, or

is to carry out, activities in connection with the

performance by the operator of the operator's

obligations under this Schedule or the Offshore

Schedule 1 Greenhouse gas storage etc.

Part 1 Amendments

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

Petroleum and Greenhouse Gas Storage (Safety)

Regulations 2009, or both, in relation to the health and

safety of persons at or near the facility; and

(iii) used, or proposed to be used, wholly or partly in

connection with those activities; and

(iv) not used as a residence; or

(e) eligible premises that are:

(i) on land; and

(ii) occupied by a person who, under a contract with a

related body corporate of the operator of a facility, has

carried out, is carrying out, or is to carry out, activities

in connection with the performance by the operator of

the operator's obligations under this Schedule or the

Offshore Petroleum and Greenhouse Gas Storage

(Safety) Regulations 2009, or both, in relation to the

health and safety of persons at or near the facility; and

(iii) used, or proposed to be used, wholly or partly in

connection with those activities; and

(iv) not used as a residence; or

(f) eligible premises that are:

(i) on land; and

(ii) occupied by the registered holder of a title; and

(iii) used, or proposed to be used, wholly or principally in

connection with offshore petroleum operations or

offshore greenhouse gas storage operations; or

(g) eligible premises that are:

(i) on land; and

(ii) occupied by a related body corporate of the registered

holder of a title; and

(iii) used, or proposed to be used, wholly or principally in

connection with offshore petroleum operations or

offshore greenhouse gas storage operations; or

(h) eligible premises that are:

(i) on land; and

(ii) occupied by a person who, under a contract with the

registered holder of a title, has carried out, is carrying

out, or is to carry out, in Commonwealth waters,

Greenhouse gas storage etc. Schedule 1

Amendments Part 1

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

offshore petroleum operations or offshore greenhouse

gas storage operations; and

(iii) used, or proposed to be used, wholly or partly in

connection with those operations; and

(iv) not used as a residence; or

(i) eligible premises that are:

(i) on land; and

(ii) occupied by a person who, under a contract with a

related body corporate of the registered holder of a title,

has carried out, is carrying out, or is to carry out, in

Commonwealth waters, offshore petroleum operations

or offshore greenhouse gas storage operations; and

(iii) used, or proposed to be used, wholly or partly in

connection with those operations; and

(iv) not used as a residence.

Note:

See also the definition of contract.

267 Clause 3 of Schedule 3

Insert:

title means:

(a) a petroleum title; or

(b) a greenhouse gas title.

268 Subparagraph 50(1)(a)(iv) of Schedule 3

Omit "and".

269 At the end of paragraph 50(1)(a) of Schedule 3

Add:

(v) exercise the powers conferred by clause 74 in relation to

the OHS inspection;

(vi) exercise the powers conferred by clause 75 in relation to

the OHS inspection; and

270 Paragraph 51(1)(a) of Schedule 3

Omit "documents", substitute "plant, substances, documents or things".

Schedule 1 Greenhouse gas storage etc.

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(Miscellaneous Amendments) Bill 2018

No. , 2018

271 Paragraph 51(1)(b) of Schedule 3

Repeal the paragraph, substitute:

(b) search those premises for any such plant, substances,

documents or things at those premises; and

documents at those premises; and

(d) inspect, examine or measure, or conduct tests concerning,

any such plant, substances or things at those premises; and

(e) take photographs of, make video recordings of, or make

sketches of, any such plant, substances or things at those

premises; and

(f) exercise the powers conferred by clause 74 in relation to the

OHS inspection; and

(g) exercise the powers conferred by clause 75 in relation to the

OHS inspection.

272 Subclause 51(2) of Schedule 3

Repeal the subclause, substitute:

Notification of entry

(2) Immediately on entering regulated business premises (other than a

facility) for the purposes of an OHS inspection, a NOPSEMA

inspector must take reasonable steps to notify the purpose of the

entry to:

(a) in the case of an inspection at regulated business premises

that are occupied by the operator of a facility--a person

representing the operator; or

(b) in the case of an inspection at regulated business premises

that are occupied by a related body corporate of the operator

of a facility--a person representing the related body

corporate; or

that are occupied by a person covered by subparagraph (d)(ii)

of the definition of regulated business premises in

clause 3--a person representing the person; or

(d) in the case of an inspection at regulated business premises

that are occupied by a person covered by subparagraph (e)(ii)

Greenhouse gas storage etc. Schedule 1

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No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

of the definition of regulated business premises in

clause 3--a person representing the person; or

(e) in the case of an inspection at regulated business premises

that are occupied by the registered holder of a title--a person

representing the registered holder; or

(f) in the case of an inspection at regulated business premises

that are occupied by a related body corporate of the

registered holder of a title--a person representing the related

body corporate; or

(g) in the case of an inspection at regulated business premises

that are occupied by a person covered by subparagraph (h)(ii)

of the definition of regulated business premises in

clause 3--a person representing the person; or

(h) in the case of an inspection at regulated business premises

that are occupied by a person covered by subparagraph (i)(ii)

of the definition of regulated business premises in

clause 3--a person representing the person.

273 Subclause 51(3) of Schedule 3

Omit "occupier" (first occurring), substitute "person required to be

notified under subclause (2)".

274 Subclause 51(3) of Schedule 3

Omit "occupier" (second occurring), substitute "person".

275 After subparagraph 74(1)(b)(v) of Schedule 3

Insert:

(va) in the case of an inspection at regulated business

premises that are occupied by a related body corporate

of the operator of a facility--a person representing the

related body corporate; or

(vb) in the case of an inspection at regulated business

premises that are occupied by a person covered by

subparagraph (d)(ii) of the definition of regulated

business premises in clause 3--a person representing

the person; or

(vc) in the case of an inspection at regulated business

premises that are occupied by a person covered by

subparagraph (e)(ii) of the definition of regulated

Schedule 1 Greenhouse gas storage etc.

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Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

business premises in clause 3--a person representing

the person; or

(vd) in the case of an inspection at regulated business

premises that are occupied by a related body corporate

of the registered holder of a title--a person representing

the related body corporate; or

(ve) in the case of an inspection at regulated business

premises that are occupied by a person covered by

subparagraph (h)(ii) of the definition of regulated

business premises in clause 3--a person representing

the person; or

(vf) in the case of an inspection at regulated business

premises that are occupied by a person covered by

subparagraph (i)(ii) of the definition of regulated

business premises in clause 3--a person representing

the person; or

276 After subparagraph 74(3)(b)(v) of Schedule 3

Insert:

(va) in the case of an inspection at regulated business

premises that are occupied by a related body corporate

of the operator of a facility--a person representing the

related body corporate; or

(vb) in the case of an inspection at regulated business

premises that are occupied by a person covered by

subparagraph (d)(ii) of the definition of regulated

business premises in clause 3--a person representing

the person; or

(vc) in the case of an inspection at regulated business

premises that are occupied by a person covered by

subparagraph (e)(ii) of the definition of regulated

business premises in clause 3--a person representing

the person; or

(vd) in the case of an inspection at regulated business

premises that are occupied by a related body corporate

of the registered holder of a title--a person representing

the related body corporate; or

(ve) in the case of an inspection at regulated business

premises that are occupied by a person covered by

Greenhouse gas storage etc. Schedule 1

Amendments Part 1

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

subparagraph (h)(ii) of the definition of regulated

business premises in clause 3--a person representing

the person; or

(vf) in the case of an inspection at regulated business

premises that are occupied by a person covered by

subparagraph (i)(ii) of the definition of regulated

business premises in clause 3--a person representing

the person; or

277 Subclause 75(1) of Schedule 3

After "OHS inspection", insert "at regulated business premises".

278 Subclause 75(1) of Schedule 3

Omit "a facility", substitute "those premises".

279 Paragraphs 75(1)(a) and (b) of Schedule 3

Omit "the facility", substitute "those premises".

280 Subclause 75(2) of Schedule 3

After "substance or thing," (second occurring), insert "in connection

with an OHS inspection at a facility,".

281 After subclause 75(2) of Schedule 3

Insert:

(2A) On taking possession of plant, a substance or a thing, or taking a

sample of a substance or thing, in connection with an OHS

inspection at regulated business premises (other than a facility), the

inspector must, by written notice, inform:

(a) in the case of an inspection at regulated business premises

that are occupied by the operator of a facility--a person

representing the operator; or

(b) in the case of an inspection at regulated business premises

that are occupied by a related body corporate of the operator

of a facility--a person representing the related body

corporate; or

that are occupied by a person covered by subparagraph (d)(ii)

Schedule 1 Greenhouse gas storage etc.

Part 1 Amendments

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

of the definition of regulated business premises in

clause 3--a person representing the person; or

(d) in the case of an inspection at regulated business premises

that are occupied by a person covered by subparagraph (e)(ii)

of the definition of regulated business premises in

clause 3--a person representing the person; or

(e) in the case of an inspection at regulated business premises

that are occupied by the registered holder of a title--a person

representing the registered holder; or

(f) in the case of an inspection at regulated business premises

that are occupied by a related body corporate of the

registered holder of a title--a person representing the related

body corporate; or

(g) in the case of an inspection at regulated business premises

that are occupied by a person covered by subparagraph (h)(ii)

of the definition of regulated business premises in

clause 3--a person representing the person; or

(h) in the case of an inspection at regulated business premises

that are occupied by a person covered by subparagraph (i)(ii)

of the definition of regulated business premises in

clause 3--a person representing the person; or

(i) if the plant, a substance or a thing is owned by a person other

than a person mentioned in any of the preceding

paragraphs--that owner;

of the taking of possession or the taking of the sample, and the

reasons for it.

282 Subclause 75(3) of Schedule 3

After "If", insert "the OHS inspection is at a facility, and".

283 Subclause 75(4) of Schedule 3

After "If", insert "the OHS inspection is at a facility, and".

284 At the end of clause 75 of Schedule 3

Add:

(6) If the OHS inspection is at regulated business premises (other than

a facility), and the inspector takes possession of plant, a substance

or a thing at the premises for the purpose of inspecting, examining,

Greenhouse gas storage etc. Schedule 1

Amendments Part 1

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

taking measurements of, or conducting tests concerning, the plant,

substance or thing, the inspector must:

(a) ensure that the inspection, examination, measuring or testing

is conducted as soon as practicable; and

(b) return it to a representative of the occupier of the premises as

soon as practicable afterwards.

(7) As soon as practicable after completing any such inspection,

examination, measurement or testing, the inspector must give a

written statement setting out the results to each person whom the

inspector is required to notify under subclause (2A).

285 Subclause 80A(1) of Schedule 3 (table item 3, column

headed

"If the inspector makes the following decision

... ")

After "sample,", insert "in conducting an OHS inspection at a facility".

286 Subclause 80A(1) of Schedule 3 (after table item 3)

Insert:

A decision to take possession of

plant, a substance or thing, or to take

a sample, in conducting an OHS

inspection at regulated business

premises (other than a facility) under

clause 75

(a) in the case of an inspection at

regulated business premises that

are occupied by the operator of a

facility--the operator of the

facility;

(b) in the case of an inspection at

regulated business premises that

are occupied by a related body

corporate of the operator of a

facility--the related body

corporate;

regulated business premises that

are occupied by a person covered

by subparagraph (d)(ii) of the

definition of regulated business

premises in clause 3--the

person;

(d) in the case of an inspection at

regulated business premises that

are occupied by a person covered

by subparagraph (e)(ii) of the

Schedule 1 Greenhouse gas storage etc.

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Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

definition of regulated business

premises in clause 3--the

person;

(e) a titleholder, if the reasons stated

in the notice under

subclause 75(2A) relate to the

titleholder's well-related

obligations;

(f) in the case of an inspection at

regulated business premises that

are occupied by a related body

corporate of the registered holder

of a title--the related body

corporate;

(g) in the case of an inspection at

regulated business premises that

are occupied by a person covered

by subparagraph (h)(ii) of the

definition of regulated business

premises in clause 3--the

person;

(h) in the case of an inspection at

regulated business premises that

are occupied by a person covered

by subparagraph (i)(ii) of the

definition of regulated business

premises in clause 3--the

person;

(i) a person who owns the plant,

substance or thing.

Greenhouse gas storage etc. Schedule 1

Transitional and application provisions Part 2

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

Part 2--Transitional and application provisions

287 Transitional

--listed NOPSEMA laws and environmental

management laws

(1)

If particular provisions or a particular requirement became a listed

NOPSEMA law as a result of the amendments made by this Schedule, a

reference to a listed NOPSEMA law in the Offshore Petroleum and

Greenhouse Gas Storage Act 2006 (as amended by this Schedule)

includes a reference to those provisions or that requirement, as the case

may be, as in force before the commencement of this item.

(2)

If particular provisions became an environmental management law as a

result of the amendments made by this Schedule, a reference to an

environmental management law in the Offshore Petroleum and

Greenhouse Gas Storage Act 2006 (as amended by this Schedule)

includes a reference to those provisions as in force before the

commencement of this item.

(3)

Subitems (1) and (2) are enacted for the avoidance of doubt.

288 Application

--general Ministerial directions

The amendments of section 580 of the Offshore Petroleum and

Greenhouse Gas Storage Act 2006 made by this Schedule apply in

relation to a direction given after the commencement of this item.

289 Application

--remedial directions to current holders of

leases, permits and licences

The amendments of section 592 of the Offshore Petroleum and

Greenhouse Gas Storage Act 2006 made by this Schedule apply in

relation to a direction given after the commencement of this item.

290 Application

--remedial directions to former holders of

leases, permits and licences

The amendments of section 595 of the Offshore Petroleum and

Greenhouse Gas Storage Act 2006 made by this Schedule apply in

relation to a direction given after the commencement of this item.

Schedule 2 Protection of technical information

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

Schedule 2--Protection of technical

information

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Section 711

Insert:

recipient Minister means:

(a) a Minister; or

(b) a Minister of a State; or

to whom documentary information or a petroleum mining sample

has been made available under section 714.

2 Section 714 (note 1)

Omit "Minister", substitute "recipient Minister".

3 Section 714 (note 2)

Omit "Minister", substitute "recipient Minister".

4 Subdivision B of Division 2 of Part 7.3 (heading)

Repeal the heading, substitute:

Subdivision B--Information and samples obtained by a

recipient Minister

5 Section 715 (heading)

Repeal the heading, substitute:

715 Protection of confidentiality of information obtained by a

recipient Minister

6 Subsection 715(1)

Omit "Minister" (first occurring), substitute "recipient Minister".

Protection of technical information Schedule 2

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

7 Subsection 715(1)

Omit "responsible Commonwealth Minister", substitute "recipient

Minister".

8 Subsection 715(2)

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "recipient Minister".

9 At the end of section 715

Add:

(3) If the recipient Minister makes the information available to a

person (the second recipient Minister) who is a Minister, a

Minister of a State or a Minister of the Northern Territory, the

second recipient Minister must not:

(a) make the information publicly known; or

(b) make the information available to a person;

unless the second recipient Minister does so:

paragraph; or

(d) for the purposes of the administration of this Act or the

regulations.

10 Section 716 (heading)

Repeal the heading, substitute:

716 Protection of confidentiality of petroleum mining samples

obtained by a recipient Minister

11 Subsection 716(1)

Omit "Minister", substitute "recipient Minister".

12 Subsection 716(1)

Omit "responsible Commonwealth Minister", substitute "recipient

Minister".

Schedule 2 Protection of technical information

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

13 Subsection 716(2)

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "recipient Minister".

14 At the end of section 716

Add:

(3) If the recipient Minister permits a person (the second recipient

Minister) who is a Minister, a Minister of a State or a Minister of

the Northern Territory to inspect the sample, the second recipient

Minister must not:

(a) make publicly known any details of the sample; or

(b) permit a person to inspect the sample;

unless the second recipient Minister does so:

paragraph; or

(d) for the purposes of the administration of this Act or the

regulations.

15 After paragraph 717(1)(c)

Insert:

(ca) paragraph 715(3)(c);

16 At the end of subsection 717(1)

Add:

; (e) paragraph 716(3)(c).

17 Section 736

Insert:

recipient Minister means:

(a) a Minister; or

(b) a Minister of a State; or

to whom documentary information or an eligible sample has been

made available under section 740.

Protection of technical information Schedule 2

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

18 At the end of section 740

Add:

Note 1:

For protection of the confidentiality of information obtained by a

recipient Minister under this section, see section 740A.

Note 2:

For protection of the confidentiality of a sample obtained by a

recipient Minister under this section, see section 740B.

19 After Subdivision A of Division 2 of Part 8.3

Insert:

Subdivision AA--Information and samples obtained by a

recipient Minister

740A Protection of confidentiality of information obtained by a

recipient Minister

(1) This section restricts what a recipient Minister may do with

documentary information made available to the recipient Minister

under section 740.

(2) The recipient Minister must not:

(a) make the information publicly known; or

(b) make the information available to a person (other than a

Minister, a Minister of a State or a Minister of the Northern

Territory);

unless the recipient Minister does so:

paragraph; or

(d) for the purposes of the administration of this Act or the

regulations.

(3) If the recipient Minister makes the information available to a

person (the second recipient Minister) who is a Minister, a

Minister of a State or a Minister of the Northern Territory, the

second recipient Minister must not:

(a) make the information publicly known; or

(b) make the information available to a person;

unless the second recipient Minister does so:

Schedule 2 Protection of technical information

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

paragraph; or

(d) for the purposes of the administration of this Act or the

regulations.

740B Protection of confidentiality of eligible samples obtained by a

recipient Minister

(1) This section restricts what a recipient Minister may do with an

eligible sample made available to the recipient Minister under

section 740.

(2) The recipient Minister must not:

(a) make publicly known any details of the sample; or

(b) permit a person (other than a Minister, a Minister of a State

or a Minister of the Northern Territory) to inspect the sample;

unless the recipient Minister does so:

paragraph; or

(d) for the purposes of the administration of this Act or the

regulations.

(3) If the recipient Minister permits a person (the second recipient

Minister) who is a Minister, a Minister of a State or a Minister of

the Northern Territory to inspect the sample, the second recipient

Minister must not:

(a) make publicly known any details of the sample; or

(b) permit a person to inspect the sample;

unless the second recipient Minister does so:

paragraph; or

(d) for the purposes of the administration of this Act or the

regulations.

20 At the end of subsection 741(1)

Add:

; (c) paragraph 740A(2)(c);

(d) paragraph 740A(3)(c);

(e) paragraph 740B(2)(c);

Protection of technical information Schedule 2

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Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

(f) paragraph 740B(3)(c).

21 Section 745 (paragraph (a) of the definition of reviewable

Ministerial decision)

Repeal the paragraph, substitute:

(a) regulations made for the purposes of:

(i) paragraph 715(2)(c); or

(ii) paragraph 715(3)(c); or

(iii) paragraph 716(2)(c); or

(iv) paragraph 716(3)(c); or

(v) paragraph 738(2)(c); or

(vi) paragraph 739(2)(c); or

(vii) paragraph 740A(2)(c); or

(viii) paragraph 740A(3)(c); or

(ix) paragraph 740B(2)(c); or

(x) paragraph 740B(3)(c); or

22 Section 745 (notes 1 and 2 to the definition of reviewable

Ministerial decision)

Repeal the notes.

23 Section 745 (definition of reviewable Titles Administrator

decision)

Repeal the definition, substitute:

reviewable Titles Administrator decision means a decision of the

Titles Administrator under regulations made for the purposes of

paragraph 712(2)(c) or 713(2)(c), where the decision is of a kind

referred to in paragraph 718(2)(b).

Schedule 3 Directions given by the responsible Commonwealth Minister

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

Schedule 3--Directions given by the

responsible Commonwealth Minister

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Paragraph 574A(6)(b)

After "other than the", insert "Offshore Petroleum and Greenhouse Gas

Storage (Environment) Regulations 2009, Part 5 of the Offshore

Petroleum and Greenhouse Gas Storage (Resource Management and

Administration) Regulations 2011 and the".

Compliance powers Schedule 4

Amendments Part 1

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

Schedule 4--Compliance powers

Part 1--Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Subsection 611J(2) (table item

3, column headed "is an

authorised person in relation to the following

provisions in this Act (to the extent indicated) ...

paragraph (v))

After "12(1)", insert ", (1A)".

2 Subsection 611J(2) (table item

3, column headed "is an

authorised person in relation to the following

provisions in this Act (to the extent indicated) ...

paragraph (ze))

After "79(1)", insert ", (1A)".

3 Subsection 702(2)

After "However", insert ", in the case of an individual".

4 Subsection 702(2)

Omit "person", substitute "individual".

5 Subsection 728(2)

After "However", insert ", in the case of an individual".

6 Subsection 728(2)

Omit "person", substitute "individual".

7 Subsection 761(2)

After "However", insert ", in the case of an individual".

8 Subsection 761(2)

Omit "person", substitute "individual".

Schedule 4 Compliance powers

Part 1 Amendments

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

9 Subclause 8(9) of Schedule 2A

After "However", insert ", in the case of an individual".

10 Subclause 8(9) of Schedule 2A

Omit "person", substitute "individual".

11 At the end of clause 8 of Schedule 2A

Add:

NOPSEMA inspector may retain documents

(10) A NOPSEMA inspector may take possession of a document

produced under this clause, and retain it for as long as is

reasonably necessary.

(11) The person otherwise entitled to possession of the document is

entitled to be supplied, as soon as practicable, with a copy certified

by a NOPSEMA inspector to be a true copy.

(12) The certified copy must be received in all courts and tribunals as

evidence as if it were the original.

(13) Until a certified copy is supplied, a NOPSEMA inspector must

provide the person otherwise entitled to possession of the

document, or a person authorised by that person, reasonable access

to the document for the purposes of inspecting and making copies

of, or taking extracts from, the document.

NOPSEMA inspector may retain other things

(14) A NOPSEMA inspector may take possession of a thing (other than

a document) produced under this clause, and retain it for as long as

is reasonably necessary.

Notice--taking possession at offshore petroleum premises

(15) On taking possession of a thing under subclause (14) at offshore

petroleum premises, the NOPSEMA inspector must, by written

notice, inform the following persons of the taking of possession,

and the reasons for it:

(a) in any case:

Compliance powers Schedule 4

Amendments Part 1

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

(i) the titleholder's representative at the premises who is

nominated for the inspection; or

(ii) if there is no titleholder's representative at the

premises--the titleholder;

(b) if the premises are a facility--the operator's representative at

the facility;

master--the master;

(d) if the thing is owned by a person other than a person

mentioned in paragraph (a), (b) or (c)--that owner.

Display of notice at premises

(16) The following person must cause the notice to be displayed in a

prominent place at the premises:

(a) if the premises are a facility--the operator's representative at

the facility;

(b) in any other case--the person notified under

paragraph (15)(a).

Note:

The person notified under paragraph (15)(a) is either the

titleholder's representative or the titleholder.

Notice--taking possession otherwise than at offshore petroleum

premises

(17) On taking possession of a thing under subclause (14) otherwise

than at offshore petroleum premises, the NOPSEMA inspector

must, by written notice, inform the owner of the thing of the taking

of possession, and the reasons for it.

Inspection of thing

(18) If:

(a) a NOPSEMA inspector has taken possession of a thing (other

than a document) produced under this clause; and

(b) it is reasonably necessary for the NOPSEMA inspector to

retain the thing;

the NOPSEMA inspector must provide:

(d) the person who owns the thing; and

Schedule 4 Compliance powers

Part 1 Amendments

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

(e) a person authorised by a person covered by paragraph (c) or

(d);

reasonable access to the thing for the purposes of inspecting the

thing.

Return of thing

(19) If:

(a) a NOPSEMA inspector has taken possession of a thing (other

than a document) produced under this clause; and

(b) it is no longer reasonably necessary for the NOPSEMA

inspector to retain the thing;

the NOPSEMA inspector must return the thing to:

(d) the person who owns the thing; or

(e) a person authorised by a person covered by paragraph (c) or

(d).

12 Subclause 12(1) of Schedule 2A

After "subclause", insert "8(16),".

13 After subclause 12(1) of Schedule 2A

Insert:

Removal of notice

(1A) If a notice has been displayed under subclause 8(16), a person must

not remove the notice until the thing to which the notice relates is

returned under subclause 8(19).

14 Subclause 12(2) of Schedule 2A (heading)

Repeal the heading.

15 Paragraph 12(4)(a) of Schedule 2A

After "(1),", insert "(1A),".

16 Subclause 74(9) of Schedule 3

After "However", insert ", in the case of an individual".

Compliance powers Schedule 4

Amendments Part 1

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

17 Subclause 74(9) of Schedule 3

Omit "person", substitute "individual".

18 At the end of clause 74 of Schedule 3

Add:

NOPSEMA inspector may retain documents

(11) A NOPSEMA inspector may take possession of a document

produced under this clause, and retain it for as long as is

reasonably necessary.

(12) The person otherwise entitled to possession of the document is

entitled to be supplied, as soon as practicable, with a copy certified

by a NOPSEMA inspector to be a true copy.

(13) The certified copy must be received in all courts and tribunals as

evidence as if it were the original.

(14) Until a certified copy is supplied, a NOPSEMA inspector must

provide the person otherwise entitled to possession of the

document, or a person authorised by that person, reasonable access

to the document for the purposes of inspecting and making copies

of, or taking extracts from, the document.

NOPSEMA inspector may retain other things

(15) A NOPSEMA inspector may take possession of a thing (other than

a document) produced under this clause, and retain it for as long as

is reasonably necessary.

Notice--taking possession at facility

(16) On taking possession of a thing under subclause (15) at a facility,

the NOPSEMA inspector must, by written notice, inform:

(a) the operator of the facility; and

(b) the operator's representative at the facility; and

titleholder's well-related obligations--the titleholder; and

(d) if the inspection is wholly or partly in relation to the

titleholder's well-related obligations--the titleholder's

Schedule 4 Compliance powers

Part 1 Amendments

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

representative (if any) at the facility who is nominated for the

inspection; and

(e) if the thing is used for the performance of work by an

employer (other than the operator) of a member or members

of the workforce at the facility--that employer; and

(f) if the thing is owned by a person other than a person

mentioned in paragraph (a), (b), (c), (d) or (e)--that person;

and

(g) if there is a health and safety representative for a designated

work group that includes a member of the workforce who is

affected by the matter to which the inspection relates--that

representative;

of the taking of possession, and the reasons for it.

Note:

A titleholder's representative is only required to be at the facility if the

inspection concerns the titleholder's well-related obligations (see

section 602K).

Display of notice at facility

(17) If the NOPSEMA inspector gives the notice to the operator of the

facility to which the inspection relates, the operator's

representative at the facility must cause the notice to be displayed

in a prominent place at the workplace from which the thing was

removed.

Notice--taking possession otherwise than at facility

(18) On taking possession of a thing under subclause (15) otherwise

than at a facility, the NOPSEMA inspector must, by written notice,

inform the owner of the thing of the taking of possession, and the

reasons for it.

Inspection of thing

(19) If:

(a) a NOPSEMA inspector has taken possession of a thing (other

than a document) produced under this clause; and

(b) it is reasonably necessary for the NOPSEMA inspector to

retain the thing;

the NOPSEMA inspector must provide:

Compliance powers Schedule 4

Amendments Part 1

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

(d) the person who owns the thing; and

(e) a person authorised by a person covered by paragraph (c) or

(d);

reasonable access to the thing for the purposes of inspecting the

thing.

Return of thing

(20) If:

(a) a NOPSEMA inspector has taken possession of a thing (other

than a document) produced under this clause; and

(b) it is no longer reasonably necessary for the NOPSEMA

inspector to retain the thing;

the NOPSEMA inspector must return the thing to:

(d) the person who owns the thing; or

(e) a person authorised by a person covered by paragraph (c) or

(d).

19 Subclause 79(1) of Schedule 3

After "subclause", insert "74(17),".

20 After subclause 79(1) of Schedule 3

Insert:

Removal of notice

(1A) If a notice has been displayed under subclause 74(17), a person

must not remove the notice until the thing to which the notice

relates is returned under subclause 74(20).

21 Subclause 79(2) of Schedule 3 (heading)

Repeal the heading.

22 Paragraph 79(4)(a) of Schedule 3

After "(1),", insert "(1A),".

Schedule 4 Compliance powers

Part 2 Application provisions

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

Part 2--Application provisions

23 Application of amendments

(1)

The amendments of subsections 702(2), 728(2) and 761(2) of the

Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by

this Schedule apply in relation to information or evidence given, or a

document produced, after the commencement of this item.

(2)

The amendments of subclause 8(9) of Schedule 2A to the Offshore

Petroleum and Greenhouse Gas Storage Act 2006 made by this

Schedule apply in relation to an answer given, or a document or thing

produced, after the commencement of this item.

(3)

The amendments of subclause 74(9) of Schedule 3 to the Offshore

Petroleum and Greenhouse Gas Storage Act 2006 made by this

Schedule apply in relation to an answer given, or a document or thing

produced, after the commencement of this item.

Variation of petroleum access authority Schedule 5

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

Schedule 5--Variation of petroleum access

authority

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Section 246

Before "The", insert "(1)".

2 At the end of section 246

Add:

(2) A variation of the petroleum access authority may be made:

(a) on the application of the registered holder; or

(b) on the Titles Administrator's own initiative.

(3) An application for a variation of the petroleum access authority

must:

(a) set out the proposed variation; and

(b) specify the reasons for the proposed variation.

3 Paragraph 255(1)(g)

After "the grant", insert "or variation".

4 At the end of section 695L

Add:

(4) Sections 256 and 427 do not limit, and are taken never to have

limited, subsection (1) of this section.

(5) Subsection (4) is enacted for the avoidance of doubt.

Schedule 6 Directions by the Titles Administrator

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

Schedule 6--Directions by the Titles

Administrator

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Paragraph 274(b)

After "NOPSEMA", insert ", the Titles Administrator".

2 Paragraph 577(1)(a)

After "the Joint Authority", insert ", the Titles Administrator".

3 Paragraph 578(2)(a)

After "the Joint Authority", insert ", the Titles Administrator".

4 Application of amendments

The amendments made by this Schedule apply in relation to a direction

given by the Titles Administrator after the commencement of this item.

Listed NOPSEMA laws Schedule 7

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

Schedule 7--Listed NOPSEMA laws

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Subsection 601(1) (after table item 4)

Insert:

Part 6.1A

Polluter pays

Schedule 8 Fees payable to the Titles Administrator on behalf of the Commonwealth

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

Schedule 8--Fees payable to the Titles

Administrator on behalf of the

Commonwealth

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Subsection 636(1)

Omit "(1)" (first occurring).

2 After paragraph 636(1)(a)

Insert:

(aa) a fee under subsection 427(2);

3 After paragraph 636(1)(eaa)

Insert:

(eab) a fee under subsection 534(2);

(eac) a fee under subsection 536(2);

4 After paragraph 636(1)(f)

Insert:

(fa) a fee under regulations made for the purposes of

paragraph 738(2)(c);

(fb) a fee under regulations made for the purposes of

paragraph 739(2)(c);

5 Subsection 636(2)

Repeal the subsection.

Functions and powers of NOPSEMA Schedule 9

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

Schedule 9--Functions and powers of

NOPSEMA

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Section 649 (heading)

Repeal the heading, substitute:

649 Functions and powers of NOPSEMA under State or Territory

PSLA

Schedule 10 Courts

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

Schedule 10--Courts

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Paragraph 216(6)(b)

Repeal the paragraph, substitute:

(b) recoverable in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

2 Paragraph 398(2)(b)

Repeal the paragraph, substitute:

(b) are recoverable in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

3 Paragraph 572D(3)(b)

Repeal the paragraph, substitute:

(b) recoverable by NOPSEMA in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

4 Paragraph 572E(3)(b)

Repeal the paragraph, substitute:

(b) recoverable by the Commonwealth in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

Courts Schedule 10

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

5 Paragraph 572F(2)(b)

Repeal the paragraph, substitute:

(b) recoverable in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

6 Paragraph 577(3)(b)

Repeal the paragraph, substitute:

(b) recoverable in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

7 Paragraph 577A(2)(b)

Repeal the paragraph, substitute:

(b) recoverable in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

8 Paragraph 583(2)(b)

Repeal the paragraph, substitute:

(b) recoverable in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

9 Paragraph 589(4)(b)

Repeal the paragraph, substitute:

(b) to the extent to which they are not recovered under

subsection (2)--are recoverable in:

Schedule 10 Courts

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

10 Paragraph 589(5)(b)

Repeal the paragraph, substitute:

(b) to the extent to which they are not recovered under

subsection (2)--are recoverable in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

11 Paragraph 597(4)(b)

Repeal the paragraph, substitute:

(b) to the extent to which they are not recovered under

subsection (2)--are recoverable in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

12 Paragraph 597(5)(b)

Repeal the paragraph, substitute:

(b) to the extent to which they are not recovered under

subsection (2)--are recoverable in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

13 Subsection 634(3)

Repeal the subsection, substitute:

(3) A royalty debt may be recovered by the Commonwealth by action

in:

Courts Schedule 10

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

(a) the Federal Court; or

(b) the Federal Circuit Court; or

to the matter.

14 Paragraph 685(3)(b)

Repeal the paragraph, substitute:

(b) is recoverable by NOPSEMA in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

15 Paragraph 686(5)(b)

Repeal the paragraph, substitute:

(b) is recoverable by NOPSEMA, on behalf of the

Commonwealth, in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

16 Paragraph 687(7)(b)

Repeal the paragraph, substitute:

(b) is recoverable by NOPSEMA, on behalf of the

Commonwealth, in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

17 Paragraph 688(5)(b)

Repeal the paragraph, substitute:

(b) is recoverable by NOPSEMA, on behalf of the

Commonwealth, in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

Schedule 10 Courts

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

18 Paragraph 688A(5)(b)

Repeal the paragraph, substitute:

(b) is recoverable by NOPSEMA, on behalf of the

Commonwealth, in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

19 Paragraph 688B(5)(b)

Repeal the paragraph, substitute:

(b) is recoverable by NOPSEMA, on behalf of the

Commonwealth, in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

20 Paragraph 688C(5)(b)

Repeal the paragraph, substitute:

(b) is recoverable by NOPSEMA, on behalf of the

Commonwealth, in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

21 Paragraph 695L(3)(b)

Repeal the paragraph, substitute:

(b) is recoverable by the Titles Administrator, on behalf of the

Commonwealth, in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

Courts Schedule 10

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

22 Paragraph 695M(7)(b)

Repeal the paragraph, substitute:

(b) is recoverable by the Titles Administrator, on behalf of the

Commonwealth, in:

(i) the Federal Court; or

(ii) the Federal Circuit Court; or

(iii) a court of a State or Territory that has jurisdiction in

relation to the matter.

Schedule 11 Recovery of costs and expenses

100

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

Schedule 11--Recovery of costs and

expenses

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Subsection 577(3)

Omit "the Commonwealth", substitute "NOPSEMA".

2 Paragraph 589(2)(c)

After "person", insert "to NOPSEMA".

3 Paragraph 589(2)(c)

Omit "payable; and", substitute "payable.".

4 Paragraphs 589(2)(d) and (e)

Repeal the paragraphs.

5 After subsection 589(2)

Insert:

(2A) NOPSEMA may, on behalf of the Commonwealth, deduct, from

the proceeds of a sale under subsection (1) of property that belongs

(or that NOPSEMA believes to belong) to a particular person, the

whole or a part of:

(a) any fees or amounts payable to the Commonwealth by that

person under this Act, so long as the fee or amount concerned

is due and payable; and

(b) any amounts payable by that person under the Royalty Act,

so long as the amount concerned is due and payable; and

following provisions of the Regulatory Levies Act:

(i) section 5;

(ii) section 7;

(iii) section 9;

(iv) section 10A;

(v) section 10C;

Recovery of costs and expenses Schedule 11

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

101

(vi) section 10E;

(vii) section 10F;

so long as the amount concerned is due and payable.

(2B) If NOPSEMA, under subsection (2A), deducts an amount payable

to the Commonwealth, NOPSEMA must remit that amount to the

Commonwealth.

6 Subsection 589(3)

After "subsection (2)", insert "or (2A)".

7 Clause 33 of Schedule 6

After "Subsection 589(2)", insert "(as in force before the

commencement of Schedule 11 to the Offshore Petroleum and

Greenhouse Gas Storage Amendment (Miscellaneous Amendments) Act

2018)".

8 Application

--recovery of costs and expenses incurred by

NOPSEMA

The amendment of section 577 of the Offshore Petroleum and

Greenhouse Gas Storage Act 2006 made by this Schedule applies in

relation to costs and expenses incurred by NOPSEMA after the

commencement of this item.

Schedule 12 Appeals

102

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(Miscellaneous Amendments) Bill 2018

No. , 2018

Schedule 12--Appeals

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 After subclause 81(7) of Schedule 3

Insert:

(7A) An appeal against a decision is to be determined on the basis of the

circumstances which prevailed at the time the decision was made.

2 Application

--appeals

Subclause 81(7A) of Schedule 3 to the Offshore Petroleum and

Greenhouse Gas Storage Act 2006 (as amended by this Schedule)

applies in relation to an appeal instituted after the commencement of

this item.

Boundary changes Schedule 13

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

103

Schedule 13--Boundary changes

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 At the end of section 11

Add:

(3) If:

(a) a greenhouse gas assessment permit has been granted on the

basis that an area (the relevant area) is within the offshore

area of a State or the Northern Territory; and

(b) as a result of a change to the boundary of the coastal waters

of the State or Territory, the relevant area:

(i) ceases to be within the offshore area of the State or

Territory; and

(ii) falls within the coastal waters of the State or Territory;

and

of the permit area;

then, in determining what constitutes the renewal, or the grant of a

renewal, of the permit, item 1A of the table in subsection (2) has

effect as if:

(d) the permit had been varied to exclude from the permit area

any area that is not within the offshore area of the State or

Territory; and

(e) the variation had taken effect immediately after the change.

Note:

This means that an application for renewal of the permit may be made,

and the permit may be renewed, as if the permit had been so varied.

(4) For the purposes of subsection (3):

(a) disregard section 463; and

(b) it is immaterial whether the change occurred before, at or

after the commencement of this subsection.

(5) If:

(a) a greenhouse gas holding lease has been granted on the basis

that an area (the relevant area) is within the offshore area of

a State or the Northern Territory; and

Schedule 13 Boundary changes

104

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

(b) as a result of a change to the boundary of the coastal waters

of the State or Territory, the relevant area:

(i) ceases to be within the offshore area of the State or

Territory; and

(ii) falls within the coastal waters of the State or Territory;

and

of the lease area;

then, in determining what constitutes the renewal, or the grant of a

renewal, of the lease, item 1 of the table in subsection (2) has effect

as if:

(d) the lease had been varied to exclude from the lease area any

area that is not within the offshore area of the State or

Territory; and

(e) the variation had taken effect immediately after the change.

Note:

This means that an application for renewal of the lease may be made,

and the lease may be renewed, as if the lease had been so varied.

(6) For the purposes of subsection (5):

(a) disregard section 463; and

(b) it is immaterial whether the change occurred before, at or

after the commencement of this subsection.

Fixed-term petroleum production licences Schedule 14

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

105

Schedule 14--Fixed-term petroleum

production licences

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Section 7 (definition of fixed-term petroleum production

licence)

Omit "or 3", substitute ", 3 or 5".

Schedule 15 Additional NOPSEMA inspection powers relating to well integrity laws

Part 1 Amendments

106

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

Schedule 15--Additional NOPSEMA

inspection powers relating to well

integrity laws

Part 1--Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Section 7

Insert:

well integrity law has the same meaning as in Schedule 2B.

2 Subsection 601(1) (after table item 13)

Insert:

13A

Schedule 2B

Well integrity laws: additional NOPSEMA inspection

powers

3 Subsection 602C(10) (after note 1)

Insert:

Note 1A: Under Schedule 2B to this Act, NOPSEMA inspectors may exercise

additional powers, and perform additional functions, for the purpose

of monitoring well integrity laws.

4 After paragraph 602E(2)(a)

Insert:

(aa) if the inspector's entry is in connection with a listed

NOPSEMA law that is a well integrity law--the power in

relation to the premises that the inspector would have, if the

inspector had entered the premises for the purposes of a well

integrity inspection under Schedule 2B, to issue any of the

following:

(i) a well integrity do not disturb notice under clause 10 of

Schedule 2B;

(ii) a well integrity prohibition notice under clause 12 of

Schedule 2B;

Additional NOPSEMA inspection powers relating to well integrity laws Schedule 15

Amendments Part 1

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

107

(iii) a well integrity improvement notice under clause 14 of

Schedule 2B;

5 Subsection 602E(3) (heading)

Repeal the heading, substitute:

Application of Schedule 2A, Schedule 2B and Schedule 3

6 After subsection 602E(3)

Insert:

(3A) Schedule 2B applies in relation to the exercise (as provided by this

section) of a power covered by paragraph (2)(aa) as if the inspector

were conducting a well integrity inspection under that Schedule.

7 After section 602J

Insert:

602JA Well integrity laws--additional powers

NOPSEMA and NOPSEMA inspectors have the powers and

functions given by Schedule 2B in relation to well integrity laws.

8 Subsection 602K(8) (after paragraph (b) of the definition of

inspection)

Insert:

(ba) a well integrity inspection under Schedule 2B; or

9 Subsection 602K(8) (after paragraph (b) of the definition of

titleholder

's obligations)

Insert:

(ba) for a well integrity inspection under Schedule 2B--a well

integrity law; or

10 Section 602L (after paragraph (a) of the note)

Insert:

(aa) under section 602JA and Schedule 2B, in relation to provisions

of this Act that are well integrity laws; and

Schedule 15 Additional NOPSEMA inspection powers relating to well integrity laws

Part 1 Amendments

108

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

No. , 2018

11 Subsection 611B(2) (table item 2, column headed

"is an

authorised applicant in relation to the following civil

penalty provisions in this Act (to the extent indicated)

... ", before paragraph (k))

Insert:

(jc) subclause 6(2) of Schedule 2B;

(jd) subclause 15(4) of Schedule 2B;

12 Subsection 611J(2) (table item 3, column headed

"is an

authorised person in relation to the following

provisions in this Act (to the extent indicated) ...

", after

paragraph (v))

Insert:

(va) subclauses 6(1) and (2) of Schedule 2B;

(vb) subclause 7(3) of Schedule 2B;

(vc) subclause 8(5) of Schedule 2B;

(vd) subclause 10(7) of Schedule 2B;

(ve) subclause 12(6) of Schedule 2B;

(vf) subclause 15(2) of Schedule 2B;

(vg) subclauses 16(1), (2), (3), (4) and (5) of Schedule 2B;

13 After Schedule 2A

Insert:

Schedule 2B--Well integrity laws: additional

NOPSEMA inspection powers

Note:

See section 602JA.

Part 1--Introduction

1 Simplified outline of this Schedule

•

This Schedule covers those provisions of this Act (called well

integrity laws) that concern the integrity of wells.

Additional NOPSEMA inspection powers relating to well integrity laws Schedule 15

Amendments Part 1

No. , 2018

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

109

•

NOPSEMA inspectors may conduct an inspection (called a

well integrity inspection) to monitor compliance with well

integrity laws.

•

A NOPSEMA inspector must prepare a report about an

inspection and give the report to NOPSEMA.

•

The powers that a NOPSEMA inspector may exercise for the

purposes of a well integrity inspection are in addition to the

powers in relation to well integrity laws that the inspector may

exercise for the purposes of Division 1 of Part 6.5 of this Act.

2 Definitions

In this Schedule:

Commonwealth waters has the same meaning as in Part 6.9 of this

Act.

eligible premises means premises (within the ordinary meaning of

that expression), and includes the following:

(a) a structure or building;

(b) a place that is enclosed;

enter, when used in relation to a facility that is a vessel, includes

board.

facility has the same meaning as in Schedule 3.

integrity, in relation to a well, means the capacity of the well to

contain petroleum, a greenhouse gas substance, or any other

substance.

offence against a well integrity law: see clause 14.

operator, in relation to a facility, has the same meaning as in

Schedule 3.

operator's representative at the facility has the same meaning as in

Schedule 3.

Schedule 15 Additional NOPSEMA inspection powers relating to well integrity laws

Part 1 Amendments

110

Offshore Petroleum and Greenhouse Gas Storage Amendment

(Miscellaneous Amendments) Bill 2018

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own includes own jointly or own in part.

plant includes any machinery, equipment or tool, or any

component.

premises has the same meaning as in the Regulatory Powers Act.

This definition does not apply to the definition of eligible

premises.

regulated business premises means:

(a) eligible premises that are:

(i) on land; and

(ii) occupied by the registered holder of a title; and

(iii) used, or proposed to be used, wholly or principally in

connection with operations in relation to one or more

titles, including that title; or

(b) eligible premises that are:

(i) on land; and

(ii) occupied by a related body corporate of the registered

holder of a title; and

(iii) used, or proposed to be used, wholly or principally in

connection with operations in relation to one or more

titles, including that title; or

(i) on land; and

(ii) occupied by a person who, under a contract,

arrangement or understanding with the registered holder

of a title, has carried out, is carrying out, or is to carry

out one or more operations in connection with the

exercise of the holder's rights, or the performance of the

holder's obligations, under this Act; and

(iii) used, or proposed to be used, wholly or partly in

connection with operations in relation to one or more

titles, including that title; and

(iv) not used as a residence; or

(d) eligible premises that are:

(i) on land; and

(ii) occupied by a person who, under a contract,

arrangement or understanding with a related body

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corporate of the registered holder of a title, has carried

out, is carrying out, or is to carry out one or more

operations in connection with the exercise of the

holder's rights, or the performance of the holder's

obligations, under this Act; and

(iii) used, or proposed to be used, wholly or partly in

connection with operations in relation to one or more

titles, including that title; and

(iv) not used as a residence.

this Act includes a legislative instrument under this Act.

title means:

(a) a petroleum exploration permit; or

(b) a petroleum retention lease; or

(d) a greenhouse gas assessment permit; or

(e) a greenhouse gas holding lease; or

(f) a greenhouse gas injection licence.

titleholder means the registered holder of a title.

titleholder's representative, in relation to a titleholder within the

meaning of this Schedule, has the meaning given by section 602K.

well includes the well-related equipment associated with a well.

well activity means an activity relating to a well that is carried out

during the life of the well.

well integrity do not disturb notice has the meaning given by

subclause 10(2).

well integrity improvement notice has the meaning given by

subclause 14(2).

well integrity inspection: see clause 3.

well integrity law means:

(a) Part 5 of the Offshore Petroleum and Greenhouse Gas

Storage (Resource Management and Administration)

Regulations 2011; or

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(b) the provisions of this Act, to the extent to which the

provisions:

(i) relate to the integrity of wells; and

(ii) are not covered by paragraph (a);

and includes:

and Greenhouse Gas Storage (Resource Management and

Administration) Regulations 2011; and

(d) a requirement made under a provision of this Act, to the

extent mentioned in paragraph (b).

well integrity prohibition notice has the meaning given by

subclause 12(2).

Part 2--Well integrity inspections

Division 1--Well integrity inspections: general provisions

3 Well integrity inspections--nature of inspections

What is a well integrity inspection?

(1) A well integrity inspection is an inspection under this Part. Such an

inspection:

(a) includes an investigation or inquiry; and

(b) need not include a physical inspection of any facility,

premises or thing.

Inspections--general power

(2) A NOPSEMA inspector may, at any time, conduct a well integrity

inspection:

(a) to determine whether a well integrity law has been, or is

being, complied with; or

(b) to determine whether information given in compliance, or

purported compliance, with a well integrity law is correct.

The inspection may be conducted at the inspector's own initiative

or in compliance with a direction under subclause (3).

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Inspections--directed by NOPSEMA

(3) NOPSEMA may give a written direction to a NOPSEMA inspector

to conduct a well integrity inspection.

(4) The NOPSEMA inspector must conduct a well integrity inspection

as directed under subclause (3).

4 Well integrity inspections--facility

Power to enter and search

(1) A NOPSEMA inspector may, for the purposes of a well integrity

inspection, at any reasonable time during the day or night:

(a) enter a facility at which activities to which the inspection

relates are being, or have been, carried on, and do any or all

of the following:

(i) search the facility;

(ii) inspect, examine or measure, or conduct tests

concerning, the facility (including any part of the

facility and any plant, substance or thing at the facility);

(iii) take photographs of, make video recordings of, or make

sketches of, the facility (including any part of the

facility and any plant, substance or thing at the facility);

(iv) inspect, take extracts from, or make copies of, any

documents at the facility that the inspector is satisfied

on reasonable grounds relate, or are likely to relate, to

the subject matter of the inspection;

(v) exercise the powers conferred by clause 8 in relation to

the inspection;

(vi) exercise the powers conferred by clause 9 in relation to

the inspection; and

(b) inspect the seabed and subsoil in the vicinity of the facility to

which the inspection relates.

Notification of entry

(2) Immediately on entering the facility for the purposes of the

inspection, a NOPSEMA inspector must take reasonable steps to

notify the purpose of the entry to:

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(a) the operator's representative at the facility; and

(b) whichever of the following is applicable:

(i) the titleholder's representative at the facility who is

nominated for the inspection;

(ii) if there is no titleholder's representative at the facility--

the person at the facility who appears to be in overall

control of the activities to which the inspection relates.

(3) The inspector must, on being requested to do so by a person

notified under subclause (2), produce for inspection by the person:

(a) the inspector's identity card; and

(b) a copy of NOPSEMA's written direction (if any) to conduct

the inspection; and

section 602A in relation to the exercise of the inspector's

powers.

5 Well integrity inspections--regulated business premises

Power to enter and search

(1) A NOPSEMA inspector may, for the purposes of a well integrity

inspection:

(a) at any reasonable time, enter any regulated business premises

if the inspector is satisfied on reasonable grounds that there

are likely to be at those premises plant, substances,

documents or things that relate to:

(i) operations conducted for the purposes of a title; or

(ii) compliance or non-compliance with a well integrity

law; and

(b) search those premises for any such plant, substances,

documents or things at those premises; and

documents at those premises; and

(d) inspect, examine or measure, or conduct tests concerning,

any such plant, substances or things at those premises; and

(e) take photographs of, make video recordings of, or make

sketches of, any such plant, substances or things at those

premises; and

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(f) exercise the powers conferred by clause 8 in relation to the

inspection; and

(g) exercise the powers conferred by clause 9 in relation to the

inspection.

Notification of entry

(2) Immediately on entering regulated business premises for the

purposes of an inspection, a NOPSEMA inspector must take

reasonable steps to notify the purpose of the entry to:

(a) in the case of an inspection at regulated business premises

that are occupied by the titleholder--a person representing

the titleholder; or

(b) in the case of an inspection at regulated business premises

that are occupied by a related body corporate of the

titleholder--a person representing the related body corporate;

that are occupied by a person covered by subparagraph (c)(ii)

of the definition of regulated business premises in

clause 2--a person representing the person; or

(d) in the case of an inspection at regulated business premises

that are occupied by a person covered by subparagraph (d)(ii)

of the definition of regulated business premises in

clause 2--a person representing the person.

(3) The inspector must, on being requested to do so by the person

required to be notified under subclause (2), produce for inspection

by the person:

(a) the inspector's identity card; and

(b) a copy of NOPSEMA's written direction (if any) to conduct

the inspection; and

section 602A in relation to the exercise of the inspector's

powers.

6 Well integrity inspections--obstructing or hindering NOPSEMA

inspector

(1) A person commits an offence if:

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(a) the person engages in conduct; and

(b) the conduct obstructs or hinders a NOPSEMA inspector in

the exercise of the inspector's powers under clause 4 or 5.

Penalty: 60 penalty units.

(2) A person is liable for a civil penalty if the person obstructs or

hinders a NOPSEMA inspector in the exercise of the inspector's

powers under clause 4 or 5.

Civil penalty:

135 penalty units.

(3) Subclause (1) or (2) does not apply if the person has a reasonable

excuse.

Note 1:

In proceedings for an offence against subclause (1), the defendant

bears an evidential burden in relation to the matter in subclause (3)--

see subsection 13.3(3) of the Criminal Code. The same applies in

proceedings for a civil penalty under subclause (2)--see section 96 of

the Regulatory Powers Act.

Note 2:

See also Part 2.3 of the Criminal Code (circumstances in which there

is no criminal responsibility).

Note 3:

The same conduct may be an offence against both subclause (1) of this

clause and section 149.1 of the Criminal Code.

Division 2--Well integrity inspections: compliance powers

7 Well integrity inspections--power to require assistance

Requirement to provide assistance

(1) A NOPSEMA inspector may, to the extent that it is reasonably

necessary to do so in connection with the conduct of a well

integrity inspection at or near a facility that relates to a title,

require:

(a) the titleholder; or

(b) the titleholder's representative at the facility who is

nominated for the inspection;

to provide the inspector with reasonable assistance and facilities:

inspection at or near the facility; or

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(d) for the effective exercise of the inspector's powers in

connection with the conduct of the inspection at or near the

facility.

(2) The reasonable assistance referred to in subclause (1) includes, so

far as the titleholder is concerned:

(a) appropriate transport to or from the facility for the inspector

and for any equipment required by the inspector, or any thing

of which the NOPSEMA inspector has taken possession; and

(b) reasonable accommodation and means of subsistence while

the inspector is at the facility.

Offence

(3) A person commits an offence if:

(a) the person is subject to a requirement under this clause; and

(b) the person omits to do an act; and

Penalty: Imprisonment for 6 months or 60 penalty units, or both.

(4) Subclause (3) does not apply if the person has a reasonable excuse.

Note 1:

A defendant bears an evidential burden in relation to the matter in

subclause (4)--see subsection 13.3(3) of the Criminal Code.

Note 2:

See also Part 2.3 of the Criminal Code (circumstances in which there

is no criminal responsibility).

8 Well integrity inspections--powers to require information, and the

production of documents and things

Requirement to answer questions

(1) If:

(a) a NOPSEMA inspector is satisfied on reasonable grounds

that a person is capable of answering a question that is

reasonably connected with the conduct of a well integrity

inspection in relation to a title; and

(b) the person is:

(i) the titleholder; or

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(ii) in the case of an inspection at a facility--the

titleholder's representative at the facility who is

nominated for the inspection, or any person engaged in

a well activity at the facility; or

(iii) in the case of an inspection at regulated business

premises that are occupied by the titleholder--a person

representing the titleholder; or

(iv) in the case of an inspection at regulated business

premises that are occupied by a related body corporate

of the titleholder--a person representing the related

body corporate; or

(v) in the case of an inspection at regulated business

premises that are occupied by a person covered by

subparagraph (c)(ii) of the definition of regulated

business premises in clause 2--a person representing

the person; or

(vi) in the case of an inspection at regulated business

premises that are occupied by a person covered by

subparagraph (d)(ii) of the definition of regulated

business premises in clause 2--a person representing

the person;

the inspector may, to the extent that it is reasonably necessary to do

so in connection with the conduct of the inspection, require the

person to answer the question put by the inspector.

(2) If, at the time when a requirement under subclause (1) is imposed

on a person, the person is not physically present at a facility or

regulated business premises, the person is not obliged to comply

with the requirement unless the requirement:

(a) is in writing; and

(b) specifies the day on or before which the question is to be

answered; and

comply with the requirement is an offence.

The day specified under paragraph (b) must be at least 14 days

after the day the requirement is imposed.

Requirement to produce documents or things

(3) If:

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(a) a NOPSEMA inspector is satisfied on reasonable grounds

that a person is capable of producing a document or thing that

is reasonably connected with the conduct of a well integrity

inspection in relation to a title; and

(b) the person is:

(i) the titleholder; or

(ii) in the case of an inspection at a facility--the

titleholder's representative at the facility who is

nominated for the inspection, or any person engaged in

a well activity at the facility; or

(iii) in the case of an inspection at regulated business

premises that are occupied by the titleholder--a person

representing the titleholder; or

(iv) in the case of an inspection at regulated business

premises that are occupied by a related body corporate

of the titleholder--a person representing the related

body corporate; or

(v) in the case of an inspection at regulated business

premises that are occupied by a person covered by

subparagraph (c)(ii) of the definition of regulated

business premises in clause 2--a person representing

the person; or

(vi) in the case of an inspection at regulated business

premises that are occupied by a person covered by

subparagraph (d)(ii) of the definition of regulated

business premises in clause 2--a person representing

the person;

the inspector may, to the extent that it is reasonably necessary to do

so in connection with the conduct of the inspection, require the

person to produce the document or thing.

(4) If, at the time when a requirement under subclause (3) is imposed

on a person, the person is not physically present at a facility or

regulated business premises, the person is not obliged to comply

with the requirement unless the requirement:

(a) is in writing; and

(b) specifies the day on or before which the document or thing is

to be produced; and

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comply with the requirement is an offence.

The day specified under paragraph (b) must be at least 14 days

after the day the requirement is imposed.

Offence

(5) A person commits an offence if:

(a) the person is subject to a requirement under this clause; and

(b) the person omits to do an act; and

Penalty: Imprisonment for 6 months or 60 penalty units, or both.

(6) Subclause (5) does not apply if the person has a reasonable excuse.

Note 1:

A defendant bears an evidential burden in relation to the matter in

subclause (6)--see subsection 13.3(3) of the Criminal Code.

Note 2:

See also Part 2.3 of the Criminal Code (circumstances in which there

is no criminal responsibility).

False information

(7) A person commits an offence if:

(a) the person gives information to another person; and

(b) the person does so knowing that the information is false or

misleading in a material particular; and

compliance with a requirement under this clause.

Penalty: Imprisonment for 6 months or 60 penalty units, or both.

Note:

The same conduct may be an offence against both subclause (7) of this

clause and section 137.1 of the Criminal Code.

Self-incrimination

(8) A person is not excused from answering a question or producing a

document or thing when required to do so under subclause (1) or

(3) on the ground that the answer to the question, or the production

of the document or thing, may tend to incriminate the person or

make the person liable to a penalty.

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(9) However, in the case of an individual:

(a) the answer given or document or thing produced; or

(b) answering the question or producing the document or thing;

indirect consequence of the answering of the question or the

production of the document or thing;

is not admissible in evidence against the individual:

(d) in any civil proceedings; or

(e) in any criminal proceedings other than:

(i) proceedings for an offence against this clause; or

(ii) proceedings for an offence against section 137.1 or

137.2 of the Criminal Code that relates to this clause.

NOPSEMA inspector may retain documents

(10) A NOPSEMA inspector may take possession of a document

produced under this clause, and retain it for as long as is

reasonably necessary.

(11) The person otherwise entitled to possession of the document is

entitled to be supplied, as soon as practicable, with a copy certified

by a NOPSEMA inspector to be a true copy.

(12) The certified copy must be received in all courts and tribunals as

evidence as if it were the original.

(13) Until a certified copy is supplied, a NOPSEMA inspector must

provide the person otherwise entitled to possession of the

document, or a person authorised by that person, reasonable access

to the document for the purposes of inspecting and making copies

of, or taking extracts from, the document.

NOPSEMA inspector may retain other things

(14) A NOPSEMA inspector may take possession of a thing (other than

a document) produced under this clause, and retain it for as long as

is reasonably necessary.

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Notice--taking possession at a facility

(15) On taking possession of a thing under subclause (14) at a facility,

the NOPSEMA inspector must, by written notice, inform the

following persons of the taking of possession, and the reasons for

it:

(a) in any case:

(i) the titleholder's representative at the facility who is

nominated for the inspection; or

(ii) if there is no titleholder's representative at the facility--

the titleholder;

(b) the operator's representative at the facility;

mentioned in paragraph (a) or (b)--that owner.

Display of notice at facility

(16) The operator's representative at the facility must cause the notice

to be displayed in a prominent place at the facility.

Notice--taking possession at regulated business premises

(17) On taking possession of a thing under subclause (14) at regulated

business premises, the NOPSEMA inspector must, by written

notice, inform the following persons of the taking of possession,

and the reasons for it:

(a) the person who produced the thing;

(b) if that person is not the owner of the thing--the owner of the

thing.

Inspection of thing

(18) If:

(a) a NOPSEMA inspector has taken possession of a thing (other

than a document) produced under this clause; and

(b) it is reasonably necessary for the NOPSEMA inspector to

retain the thing;

the NOPSEMA inspector must provide:

(d) the person who owns the thing; and

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(e) a person authorised by a person covered by paragraph (c) or

(d);

reasonable access to the thing for the purposes of inspecting the

thing.

Return of thing

(19) If:

(a) a NOPSEMA inspector has taken possession of a thing (other

than a document) produced under this clause; and

(b) it is no longer reasonably necessary for the NOPSEMA

inspector to retain the thing;

the NOPSEMA inspector must return the thing to:

(d) the person who owns the thing; or

(e) a person authorised by a person covered by paragraph (c) or

(d).

9 Well integrity inspections--power to take possession of plant and

samples etc.

Power to take possession or samples

(1) In conducting a well integrity inspection in relation to a title, a

NOPSEMA inspector may, to the extent that it is reasonably

necessary for the purposes of inspecting, examining or measuring,

or conducting tests concerning, any plant, substance or thing at a

facility, or regulated business premises, in connection with the

inspection:

(a) take possession of the plant, substance or thing and remove it

from the facility or premises; or

(b) take a sample of the substance or thing and remove that

sample from the facility or premises.

Notice

(2) On taking possession of plant, a substance or a thing, or taking a

sample of a substance or thing, the inspector must, by written

notice, inform the following persons of the taking of possession or

the taking of the sample, and the reasons for it:

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(a) in the case of a facility:

(i) the titleholder's representative at the facility who is

nominated for the inspection; or

(ii) if there is no titleholder's representative at the facility--

the titleholder;

(b) in the case of a facility--the operator's representative at the

facility;

by the titleholder--a person who represents the titleholder;

(d) in the case of regulated business premises that are occupied

by a related body corporate of the titleholder--a person who

represents the related body corporate;

(e) in the case of regulated business premises that are occupied

by a person covered by subparagraph (c)(ii) of the definition

of regulated business premises in clause 2--a person who

represents the person;

(f) in the case of regulated business premises that are occupied

by a person covered by subparagraph (d)(ii) of the definition

of regulated business premises in clause 2--a person who

represents the person;

(g) if the plant, substance or thing is owned by a person other

than a person mentioned in paragraph (a), (b), (c), (d), (e) or

(f)--that owner.

Display of notice

(3) If the notice relates to a facility, the operator's representative at the

facility must cause the notice to be displayed in a prominent place

at the facility.

(4) If the notice relates to regulated business premises, the following

person must cause the notice to be displayed in a prominent place

at the premises:

(a) if the premises are occupied by the titleholder--the

titleholder;

(b) if the premises are occupied by a related body corporate of

the titleholder--a person who represents the related body

corporate;

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subparagraph (c)(ii) of the definition of regulated business

premises in clause 2--a person who represents the person;

(d) if the premises are occupied by a person covered by

subparagraph (d)(ii) of the definition of regulated business

premises in clause 2--a person who represents the person.

Duties of NOPSEMA inspector

(5) If the NOPSEMA inspector takes possession of plant, a substance

or a thing for the purpose of inspecting, examining or measuring,

or conducting tests concerning, the plant, substance or thing, the

inspector must:

(a) ensure that the inspection, examination, measuring or testing

is conducted as soon as practicable; and

(b) if the NOPSEMA inspector took possession of the plant,

substance or thing at a facility--return it to the facility as

soon as practicable afterwards; and

substance or thing at regulated business premises--return it

to a representative of the occupier of the premises as soon as

practicable afterwards.

(6) As soon as practicable after completing any such inspection,

examination, measurement or testing, the inspector must give a

written statement setting out the results to each person the

inspector is required to notify under subclause (2).

10 Well integrity inspections--well integrity do not disturb notices

(general)

Scope

(1) This clause applies if a NOPSEMA inspector is conducting a well

integrity inspection in relation to a facility.

When a notice may be issued

(2) A NOPSEMA inspector may issue a notice (a well integrity do not

disturb notice) to a titleholder, in writing, under this clause if the

inspector is satisfied on reasonable grounds that it is reasonably

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necessary to issue the notice in order to allow the inspection,

examination or measurement of, or the conducting of tests

concerning:

(a) the facility; or

(b) particular plant, or a particular substance or thing, at the

facility.

Issue of notice

(3) Without limiting the way in which the notice may be issued, the

notice may be issued to the titleholder by being given to the

titleholder's representative at the facility who is nominated for the

inspection.

Contents of notice

(4) The notice must:

(a) direct the titleholder to take all reasonably practicable steps

to ensure that one or more of the following are not disturbed

for a period specified in the notice:

(i) a particular part of the facility;

(ii) particular plant, or a particular substance or thing, at the

facility; and

(b) set out the reasons for the inspector's decision to issue the

notice.

(5) The period specified in the notice must be a period that the

inspector is satisfied on reasonable grounds is necessary in order to

allow the inspection, examination, measuring or testing to take

place.

Renewal of notice

(6) The notice may be renewed by another notice in the same terms.

Offence

(7) A person commits an offence if:

(a) the person is subject to a well integrity do not disturb notice;

and

(b) the person omits to do an act; and

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Penalty for contravention of subclause (7): 300 penalty units.

11 Well integrity inspections--well integrity do not disturb notices

(notification and display)

Notice to interested persons

(1) As soon as practicable after issuing a well integrity do not disturb

notice, the NOPSEMA inspector must take reasonable steps to give

a copy of the notice to the following persons:

(a) the operator's representative at the facility;

(b) in a case where the facility, plant, substance or thing is,

owned by a person other than the titleholder--that owner.

Display of notice

(2) The operator's representative at the facility must cause a copy of a

well integrity do not disturb notice to be displayed in a prominent

place at the facility.

12 Well integrity inspections--well integrity prohibition notices

(issue)

Scope

(1) This clause applies if a NOPSEMA inspector is conducting a well

integrity inspection in relation to a facility.

When notice may be issued

(2) A NOPSEMA inspector may issue a notice (a well integrity

prohibition notice) to a titleholder, in writing, under this clause if,

in conducting the inspection, the inspector is satisfied on

reasonable grounds that:

(a) either or both of the following is the case:

(i) an activity is occurring at the facility that involves an

immediate and significant threat to the integrity of a

well;

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(ii) an activity may occur at the facility that, if it occurred,

would involve an immediate and significant threat to the

integrity of a well; and

(b) it is reasonably necessary to issue the notice in order to

remove the threat.

Note:

The notice will be published on NOPSEMA's website (see clause 17).

How notice may be issued

(3) Without limiting the way in which the notice may be issued, the

notice may be issued to the titleholder by being given to the

titleholder's representative at the facility who is nominated for the

inspection.

Contents of notice

(4) The notice must:

(a) state that the inspector is satisfied on reasonable grounds that

a specified circumstance mentioned in paragraph (2)(a)

applies, and set out those grounds; and

(b) if subparagraph (2)(a)(i) applies--specify the activity

mentioned in that subparagraph; and

(d) specify the threat to the integrity of a well; and

(e) direct the titleholder to ensure:

(i) that the activity is not conducted; or

(ii) that the activity is not conducted in a specified manner.

(5) The notice may specify action that may be taken to satisfy a

NOPSEMA inspector that adequate action has been taken to

remove the threat to the integrity of a well.

Offence

(6) A person commits an offence if:

(a) the person is subject to a well integrity prohibition notice;

and

(b) the person omits to do an act; and

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Penalty: 600 penalty units.

Continuing offences

(7) A person who commits an offence against subclause (6) commits a

separate offence in respect of each day (including a day of a

conviction for the offence or any later day) during which the

offence continues.

(8) The maximum penalty for each day that an offence under

subclause (6) continues is 10% of the maximum penalty that can be

imposed in respect of that offence.

13 Well integrity inspections--well integrity prohibition notices

(notification)

Scope

(1) This clause applies if a NOPSEMA inspector issues a well integrity

prohibition notice to a titleholder under clause 12 that concerns a

threat to the integrity of a well and relates to an activity at a

facility.

Notice to interested persons

(2) As soon as practicable after issuing the notice, the NOPSEMA

inspector must take reasonable steps to give a copy of the notice to

the operator's representative at the facility.

Display of notice

(3) The titleholder must cause a copy of the notice to be displayed in a

prominent place at the facility.

Inadequate action in response to notice

(4) If a NOPSEMA inspector is satisfied that action taken by the

titleholder to remove the threat to the integrity of a well is not

adequate, the inspector must inform the titleholder accordingly.

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(5) In making a decision under subclause (4), a NOPSEMA inspector

may exercise such of the powers of a NOPSEMA inspector

conducting a well integrity inspection as the inspector considers

necessary for the purposes of making the decision.

When notice ceases to have effect

(6) The notice ceases to have effect in relation to a titleholder when a

NOPSEMA inspector notifies the titleholder that the inspector is

satisfied that the titleholder, or another person, has taken adequate

action to remove the threat to the integrity of a well.

14 Well integrity inspections--well integrity improvement notices

(issue)

Scope

(1) This clause applies if a NOPSEMA inspector is conducting a well

integrity inspection in relation to a facility.

When notice may be issued

(2) A NOPSEMA inspector may issue a notice (a well integrity

improvement notice) to a titleholder, in writing, under this clause

if, in conducting the inspection, the inspector is satisfied on

reasonable grounds that:

(a) the titleholder:

(i) is contravening a provision of a well integrity law; or

(ii) has contravened a provision of a well integrity law and

is likely to contravene that provision again; and

(b) as a result, there is, or may be, a significant threat to the

integrity of a well.

Note:

The notice will be published on NOPSEMA's website (see clause 17).

How notice may be issued

(3) Without limiting the way in which the notice may be issued, the

notice may be issued to the titleholder by being given to the

titleholder's representative at the facility who is nominated for the

inspection.

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Contents of notice

(4) The notice must:

(a) state that the inspector is satisfied on reasonable grounds that

a specified contravention of a well integrity law is occurring,

or has occurred and is likely to occur again, and set out those

grounds; and

(b) state that the inspector is satisfied on reasonable grounds that

as a result of that contravention, there is, or may be, a

significant threat to the integrity of a well, and set out those

grounds; and

(d) specify action that the inspector is satisfied on reasonable

grounds is required to be taken by the titleholder to remove

the threat; and

(e) specify a period within which the titleholder is to take the

action.

Period of notice and action to be taken

(5) The period specified in the notice must be reasonable.

(6) If the NOPSEMA inspector is satisfied on reasonable grounds that

it is appropriate to do so, the NOPSEMA inspector may, in writing

and before the end of the period, extend the period specified in the

notice.

15 Well integrity inspections--well integrity improvement notices

(compliance and notification)

Scope

(1) This clause applies if, in the course of a well integrity inspection in

relation to a facility, a NOPSEMA inspector issues a well integrity

improvement notice to a titleholder under clause 14 that concerns a

contravention, or likely contravention, of a well integrity law.

Duty of titleholder

(2) The titleholder must ensure that the notice is complied with.

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Offence

(3) A person commits an offence if:

(a) the person is subject to a requirement under subclause (2);

and

(b) the person omits to do an act; and

Penalty: 300 penalty units.

Civil penalty

(4) A person is liable to a civil penalty if the person contravenes a

requirement under subclause (2).

Civil penalty:

400 penalty units.

Notice to interested persons

(5) As soon as practicable after issuing the notice, the NOPSEMA

inspector must take reasonable steps to give a copy of the notice to

the following persons:

(a) the operator's representative at the facility;

(b) if the facility is owned by a person other than the titleholder

or operator--that owner.

Display of notice

(6) The titleholder must cause a copy of the notice to be displayed in a

prominent place at the facility.

Continuing offences and continuing contraventions of civil penalty

provisions

(7) The maximum penalty for each day that an offence under

subclause (3) continues is 10% of the maximum penalty that can be

imposed in respect of that offence.

Note:

Subclause (3) is a continuing offence under section 4K of the Crimes

Act 1914.

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(8) The maximum civil penalty for each day that a contravention of

subclause (4) continues is 10% of the maximum civil penalty that

can be imposed in respect of that contravention.

Note:

Subclause (4) is a continuing civil penalty provision under section 93

of the Regulatory Powers Act.

16 Well integrity inspections--tampering with and removing notices

Tampering with notice

(1) A person must not tamper with any notice that has been displayed

under subclause 8(16), 9(3) or (4), 11(2), 13(3) or 15(6) while that

notice is so displayed.

Removal of notice

(2) If a notice has been displayed under subclause 8(16), a person must

not remove the notice until the thing to which the notice relates is

returned under subclause 8(19).

(3) If a notice has been displayed under subclause 9(3), a person must

not remove the notice until the plant, substance or thing to which

the notice relates is returned to the facility from which it was

removed.

(4) If a notice has been displayed under subclause 9(4), a person must

not remove the notice until the plant, substance or thing to which

the notice relates is returned to a representative of the occupier of

the premises from which it was removed.

(5) If a notice has been displayed under subclause 11(2), 13(3) or

15(6), a person must not remove the notice before the notice has

ceased to have effect.

Offence

(6) A person commits an offence if:

(a) the person is subject to a requirement under subclause (1),

(2), (3), (4) or (5); and

(b) the person engages in conduct; and

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Penalty: 50 penalty units.

(7) Subclause (6) does not apply if the person has a reasonable excuse.

Note 1:

A defendant bears an evidential burden in relation to the matter in

subclause (7)--see subsection 13.3(3) of the Criminal Code.

Note 2:

See also Part 2.3 of the Criminal Code (circumstances in which there

is no criminal responsibility).

(8) An offence against subclause (6) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code.

17 Well integrity inspections--publishing well integrity prohibition

notices and well integrity improvement notices

(1) NOPSEMA must:

(a) publish on its website a well integrity prohibition notice or a

well integrity improvement notice; and

(b) do so within 21 days after the notice is issued.

(2) However, NOPSEMA must not publish the notice if it is aware that

the decision to issue a notice is the subject of an application for

review by a court.

(3) If:

(a) the notice is published on NOPSEMA's website; and

(b) the decision to issue the notice is, or becomes, the subject of

an application for review by a court;

NOPSEMA must remove the notice from the website as soon as

practicable after becoming aware of the application.

(4) If:

(a) all rights for judicial review (including any right of appeal) in

relation to the decision to issue the notice have been

exhausted; and

(b) the decision to issue the notice has been upheld;

NOPSEMA must publish the notice on its website within 21 days

after becoming aware that the rights have been exhausted.

(5) If a notice contains personal information (within the meaning of

the Privacy Act 1988), NOPSEMA must take such steps as are

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reasonable in the circumstances to ensure that the information is

de-identified before the notice is published.

(6) Personal information is de-identified if the information is no longer

about an identifiable individual or an individual who is reasonably

identifiable.

Division 3--Reports: inspections concerning well integrity

laws

18 Reports on inspections concerning well integrity laws

Scope

(1) This clause applies if a NOPSEMA inspector has conducted either

of the following inspections in relation to a well integrity law:

(a) a well integrity inspection (under this Part);

(b) an inspection for the purposes of Division 1 of Part 6.5 of this

Act.

Report to be given to NOPSEMA

(2) If a NOPSEMA inspector has conducted a well integrity inspection

in relation to a title, the inspector must, as soon as practicable,

prepare a written report relating to the inspection and give the

report to NOPSEMA.

(3) The report must include:

(a) the NOPSEMA inspector's conclusions from conducting the

inspection and the reasons for those conclusions; and

(b) any recommendations that the NOPSEMA inspector wishes

to make arising from the inspection; and

regulations.

Copies of report to be given to titleholder

(4) As soon as practicable after receiving the report, NOPSEMA must

give a copy of the report, together with any written comments that

it wishes to make, to the titleholder.

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Details of remedial action etc.

(5) NOPSEMA may, in writing, request the titleholder to provide to

NOPSEMA, within a reasonable period specified in the request,

details of any action proposed to be taken as a result of the

conclusions or recommendations contained in the report.

(6) The titleholder must comply with a request under subclause (5).

Part 3--General

19 Meaning of offence against a well integrity law

In this Schedule:

offence against a well integrity law includes an offence against

section 6 of the Crimes Act 1914 that relates to an offence against a

well integrity law.

Note:

For other ancillary offences, see section 11.6 of the Criminal Code.

20 Offences against well integrity laws--prosecutions

Proceedings for an offence against a well integrity law may be

instituted by NOPSEMA or by a NOPSEMA inspector.

21 Offences against well integrity laws--conduct of directors,

employees and agents

Scope

(1) This clause has effect for the purposes of a proceeding for an

offence against a well integrity law.

State of mind of a body corporate

(2) If it is necessary to establish the state of mind of a body corporate

in relation to particular conduct, it is sufficient to show:

(a) that the conduct was engaged in by a director, employee or

agent of the body corporate within the scope of actual or

apparent authority; and

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(b) that the director, employee or agent had the state of mind.

Conduct of a body corporate

(3) Any conduct engaged in on behalf of a body corporate by a

director, employee or agent of the body corporate within the scope

of actual or apparent authority is taken to have been engaged in

also by the body corporate unless it establishes that it took

reasonable precautions and exercised due diligence to avoid the

conduct.

State of mind of an individual

(4) If it is necessary to establish the state of mind of an individual in

relation to particular conduct, it is sufficient to show:

(a) that the conduct was engaged in by an employee or agent of

the individual within the scope of actual or apparent

authority; and

(b) that the employee or agent had the state of mind.

Conduct of an individual

(5) Any conduct engaged in on behalf of an individual by an employee

or agent of the individual within the scope of actual or apparent

authority is taken to have been engaged in also by the individual

unless the individual establishes that he or she took reasonable

precautions and exercised due diligence to avoid the conduct.

Limitation on imprisonment

(6) If:

(a) an individual is convicted of an offence; and

(b) he or she would not have been convicted of the offence if

subclauses (4) and (5) had not been enacted;

he or she is not liable to be punished by imprisonment for that

offence.

Extended meaning of state of mind

(7) A reference in subclause (2) or (4) to the state of mind of a person

includes a reference to:

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(a) the person's knowledge, intention, opinion, belief or purpose;

and

(b) the person's reasons for the intention, opinion, belief or

purpose.

Disapplication of Part 2.5 of the Criminal Code

(8) Part 2.5 of the Criminal Code does not apply to an offence against

a well integrity law.

22 Well integrity inspections--civil proceedings

(1) This Schedule does not:

(a) confer a right of action in any civil proceeding in respect of

any contravention of a provision of a well integrity law; or

(b) confer a defence to an action in any civil proceeding or

otherwise affect a right of action in any civil proceeding.

(2) However, subclause (1) does not apply in relation to the

enforcement, for the purposes of Division 4 of Part 6.5 of this Act,

of a well integrity law that is a civil penalty provision.

23 Offences against well integrity laws--defence of circumstances

preventing compliance

It is a defence to a prosecution for refusing or failing to do

anything required by a well integrity law if the defendant proves

that it was not practicable to do that thing because of an emergency

prevailing at the relevant time.

Note:

A defendant bears a legal burden in relation to the matter in this

clause--see section 13.4 of the Criminal Code.

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Part 2--Application provisions

14 Application

--well integrity inspections

(1)

Paragraph 3(2)(a) of Schedule 2B to the Offshore Petroleum and

Greenhouse Gas Storage Act 2006 (as amended by this Act) applies in

relation to determining a question that relates to an act or omission that

occurred before, or that occurs at or after, the commencement of this

item.

(2)

Paragraph 3(2)(b) of Schedule 2B to the Offshore Petroleum and

Greenhouse Gas Storage Act 2006 (as amended by this Act) applies in

relation to determining a question that relates to information that was

given before, or is given at or after, the commencement of this item.

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Schedule 16--Civil penalties, enforceable

undertakings, infringement notices,

injunctions etc.

Part 1--Amendments commencing the day after

Royal Assent

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 At the end of section 602C (before the note)

Add:

Extension to external Territories

(11) Part 2 of the Regulatory Powers Act extends to each external

Territory referred to in section 34, in the application of that Part in

relation to both of the following:

(a) the listed NOPSEMA laws;

(b) the information mentioned in subsection (2).

2 At the end of section 602D

Add:

Extension to external Territories

(11) Part 3 of the Regulatory Powers Act, as it applies in relation to an

offence or civil penalty provision mentioned in subsection (1),

extends to each external Territory referred to in section 34.

3 Subsection 611B(2) (table item 2, column headed

"is an

authorised applicant in relation to the following civil

penalty provisions in this Act (to the extent indicated)

... ", after paragraph (j))

Insert:

(ja) subclause 6(2) of Schedule 2A;

(jb) subclause 11D(4) of Schedule 2A;

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4 At the end of section 611B

Add:

Extension to external Territories etc.

(5) Part 4 of the Regulatory Powers Act, as it applies in relation to the

civil penalty provisions mentioned in subsection (1), extends to

each external Territory referred to in section 34.

5 At the end of section 611E

Add:

Extension to external Territories etc.

(9) Part 5 of the Regulatory Powers Act, as it applies in relation to the

provisions mentioned in subsection (1), extends to each external

Territory referred to in section 34.

6 At the end of section 611J

Add:

Extension to external Territories etc.

(6) Part 7 of the Regulatory Powers Act, as it applies in relation to the

provisions mentioned in subsection (1), extends to each external

Territory referred to in section 34.

7 At the end of Part 6.5

Add:

Division 8--Enforceable undertakings

611M Simplified outline of this Division

•

This Division provides for the acceptance of enforceable

undertakings relating to compliance with this Act, relying on

the framework set out in Part 6 of the Regulatory Powers Act.

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611N Enforceable undertakings

Enforceable provisions and authorised persons

(1) The provisions listed in the table in this section are enforceable

under Part 6 of the Regulatory Powers Act.

Note:

Part 6 of the Regulatory Powers Act creates a framework for accepting

and enforcing undertakings relating to compliance with provisions.

(2) The following table has effect.

Enforceable provisions and authorised persons

Item

For the purposes of Part 6 of the

Regulatory Powers Act, each of

the following persons ...

is an authorised person in relation

to the following provisions in this

Act (to the extent indicated) ...

The responsible Commonwealth

Minister

(a) subsection 317(1);

(b) subsection 352(1);

(d) subsection 382(1);

(e) subsection 385(1);

(f) subsections 386(7), (11) and (16);

(g) subsection 420(2);

(h) subsection 451(8);

(i) subsection 452(5);

(j) subsections 575(4) and (6), in

relation to a direction given by

that Minister;

(k) subsection 576(1), in relation to

a direction given by that

Minister;

(l) subsection 581(4), in relation to a

direction given by that Minister;

(m) subsection 582(1), in relation to

a direction given by that

Minister;

(n) subsection 587B(1), in relation to

a direction given by that

Minister;

(o) subsection 592(5);

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Enforceable provisions and authorised persons

Item

For the purposes of Part 6 of the

Regulatory Powers Act, each of

the following persons ...

is an authorised person in relation

to the following provisions in this

Act (to the extent indicated) ...

(p) subsection 593(8);

(q) subsection 595(6);

(r) subsections 758(1) and (3);

(s) subsections 759(4) and (4A);

(t) section 764;

(u) section 765.

The Chief Executive Officer of

NOPSEMA

(a) subsections 280(3) and (5);

(b) subsections 286A(7) and (8A);

(d) subsections 569(6) and (6B);

(e) subsection 570(5);

(f) subsections 572(4) and (5A);

(g) subsections 575(4) and (6), in

relation to a direction given by

NOPSEMA;

(h) subsection 576(1), in relation to

a direction given by NOPSEMA;

(i) subsection 576D(1);

(j) subsection 587B(1), in relation to

a direction given by NOPSEMA;

(k) subsections 602K(6) and (7);

(l) subsections 620(2), (3), (4) and

(5);

(m) subsections 621(3), (5), (8), (9),

(10), (11) and (12);

(n) subsections 699(5) and (5A);

(o) section 705;

(p) section 706;

(q) section 707;

(r) subsection 725(5);

(s) section 731;

(t) section 732;

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Enforceable provisions and authorised persons

Item

For the purposes of Part 6 of the

Regulatory Powers Act, each of

the following persons ...

is an authorised person in relation

to the following provisions in this

Act (to the extent indicated) ...

(u) section 733;

(v) subclauses 6(1), 6(2), 7(3), 8(5),

8(7), 10(7), 11A(6), 11D(3),

11D(4) and 12(4) of

Schedule 2A;

(w) subclauses 6(3), 6(4A), 13B(3),

16B(1), 16C(1), 54(1), 54(1A),

73(3), 74(5), 74(7), 76(7), 77(7),

78A(2), 78A(3), 79(4), 82(4),

82(9), 83(4), 83(6), 86(1), 87(1),

87(2) and 88(2) of Schedule 3.

The Titles Administrator

(a) subsection 227(5);

(b) subsections 228(1) and (1A);

(d) subsections 284(5) and (7);

(e) subsections 286A(7) and (8A);

(f) subsections 507(4), (5) and (5A);

(g) subsections 508(4), (5) and (5A);

(h) subsections 509(4), (6) and (6A);

(i) section 513;

(j) subsection 514(1);

(k) subsections 556(4) and (5);

(l) subsections 557(4) and (5);

(m) subsections 558(4) and (6);

(n) section 562;

(o) section 563;

(p) subsections 697(3) and (3B);

(q) subsections 699(5) and (5A);

(r) section 705;

(s) section 706;

(t) section 707;

(u) subsection 723(3);

(v) subsection 725(5);

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Enforceable provisions and authorised persons

Item

For the purposes of Part 6 of the

Regulatory Powers Act, each of

the following persons ...

is an authorised person in relation

to the following provisions in this

Act (to the extent indicated) ...

(w) section 731;

(x) section 732;

(y) section 733.

Relevant court

(3) For the purposes of Part 6 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to the provisions

mentioned in subsection (1):

(a) the Federal Court;

(b) the Federal Circuit Court;

Extension to offshore areas

(4) Part 6 of the Regulatory Powers Act, as it applies in relation to the

provisions mentioned in subsection (1), extends to each offshore

area.

Extension to external Territories etc.

(5) Part 6 of the Regulatory Powers Act, as it applies in relation to the

provisions mentioned in subsection (1), extends to each external

Territory referred to in section 34.

611P Publication of enforceable undertakings

Responsible Commonwealth Minister

(1) If:

(a) the responsible Commonwealth Minister is an authorised

person in relation to a provision mentioned in

subsection 611N(1); and

(b) a person has given an undertaking under section 114 of the

Regulatory Powers Act in relation to the provision; and

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Commonwealth Minister under section 114 of the Regulatory

Powers Act; and

(d) the undertaking has not been withdrawn or cancelled;

the responsible Commonwealth Minister must publish the

undertaking on the Department's website.

(2) If an undertaking contains personal information (within the

meaning of the Privacy Act 1988), the responsible Commonwealth

Minister must take such steps as are reasonable in the

circumstances to ensure that the information is de-identified before

the undertaking is published under subsection (1).

Chief Executive Officer of NOPSEMA

(3) If:

(a) the Chief Executive Officer of NOPSEMA is an authorised

person in relation to a provision mentioned in

subsection 611N(1); and

(b) a person has given an undertaking under section 114 of the

Regulatory Powers Act in relation to the provision; and

Officer of NOPSEMA under section 114 of the Regulatory

Powers Act; and

(d) the undertaking has not been withdrawn or cancelled;

the Chief Executive Officer of NOPSEMA must publish the

undertaking on NOPSEMA's website.

(4) If an undertaking contains personal information (within the

meaning of the Privacy Act 1988), the Chief Executive Officer of

NOPSEMA must take such steps as are reasonable in the

circumstances to ensure that the information is de-identified before

the undertaking is published under subsection (3).

Titles Administrator

(5) If:

(a) the Titles Administrator is an authorised person in relation to

a provision mentioned in subsection 611N(1); and

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(b) a person has given an undertaking under section 114 of the

Regulatory Powers Act in relation to the provision; and

Administrator under section 114 of the Regulatory Powers

Act; and

(d) the undertaking has not been withdrawn or cancelled;

the Titles Administrator must publish the undertaking on the

Department's website.

(6) If an undertaking contains personal information (within the

meaning of the Privacy Act 1988), the Titles Administrator must

take such steps as are reasonable in the circumstances to ensure

that the information is de-identified before the undertaking is

published under subsection (5).

De-identified information

(7) For the purposes of this section, information is de-identified if the

information is no longer about an identifiable individual or an

individual who is reasonably identifiable.

611Q Compliance with enforceable undertaking

A person commits an offence if:

(a) the person has given an undertaking under section 114 of the

Regulatory Powers Act in relation to a provision mentioned

in subsection 611N(1); and

(b) the undertaking has been accepted under section 114 of the

Regulatory Powers Act; and

(d) the person engages in conduct; and

(e) the person's conduct breaches the undertaking.

Penalty: 250 penalty units.

8 Section 790A

Before "Regulations may", insert "(1)".

9 Paragraph 790A(aa)

Repeal the paragraph, substitute:

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(aa) provide that a civil penalty provision of the regulations may

be enforced under Part 4 of the Regulatory Powers Act; and

(aaa) provide that a person is an authorised applicant in relation to

one or more civil penalty provisions of the regulations for the

purposes of Part 4 of the Regulatory Powers Act; and

(aaaa) provide that a court is a relevant court in relation to one or

more civil penalty provisions of the regulations for the

purposes of Part 4 of the Regulatory Powers Act; and

10 Paragraph 790A(ab)

After "offence", insert "provision".

11 After paragraph 790A(ab)

Insert:

(aba) provide that a person is an infringement officer in relation to

one or more provisions of the regulations for the purposes of

Part 5 of the Regulatory Powers Act; and

(abb) provide that a person is the relevant chief executive in

relation to one or more provisions of the regulations for the

purposes of Part 5 of the Regulatory Powers Act; and

(abc) make a provision of the regulations enforceable under Part 6

of the Regulatory Powers Act (which deals with enforceable

undertakings); and

(abd) provide that a person is an authorised person in relation to

one or more provisions of the regulations for the purposes of

Part 6 of the Regulatory Powers Act; and

(abe) provide that a court is a relevant court in relation to one or

more provisions of the regulations for the purposes of Part 6

of the Regulatory Powers Act; and

12 Paragraph 790A(ac)

Omit "a legislative instrument", substitute "an OP/GGS legislative

instrument".

13 Paragraph 790A(ad)

After "provisions", insert "of an OP/GGS legislative instrument".

Civil penalties, enforceable undertakings, infringement notices, injunctions etc.

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14 After paragraph 790A(ad)

Insert:

(ae) provide that a court is a relevant court in relation to one or

more provisions of an OP/GGS legislative instrument for the

purposes of Part 7 of the Regulatory Powers Act; and

15 At the end of section 790A

Add:

Continuing contravention

(2) If a contravention of a civil penalty provision in the regulations is a

continuing contravention, the regulations may provide that the

maximum civil penalty for each day that the contravention

continues is 10% of the maximum civil penalty that could be

imposed in respect of that contravention.

Extension to offshore areas

(3) Part 4 of the Regulatory Powers Act, as it applies in relation to the

civil penalty provisions covered by regulations made for the

purposes of paragraph (1)(aa), extends to each offshore area.

(4) Part 5 of the Regulatory Powers Act, as it applies in relation to the

provisions covered by regulations made for the purposes of

paragraph (1)(ab), extends to each offshore area.

(5) Part 6 of the Regulatory Powers Act, as it applies in relation to the

provisions covered by regulations made for the purposes of

paragraph (1)(abc), extends to each offshore area.

(6) Part 7 of the Regulatory Powers Act, as it applies in relation to the

provisions covered by regulations made for the purposes of

paragraph (1)(ac), extends to each offshore area.

Extension to external Territories etc.

(7) Part 4 of the Regulatory Powers Act, as it applies in relation to the

civil penalty provisions covered by regulations made for the

purposes of paragraph (1)(aa), extends to each external Territory

referred to in section 34.

Schedule 16 Civil penalties, enforceable undertakings, infringement notices,

injunctions etc.

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(8) Part 5 of the Regulatory Powers Act, as it applies in relation to the

provisions covered by regulations made for the purposes of

paragraph (1)(ab), extends to each external Territory referred to in

section 34.

(9) Part 6 of the Regulatory Powers Act, as it applies in relation to the

provisions covered by regulations made for the purposes of

paragraph (1)(abc), extends to each external Territory referred to in

section 34.

(10) Part 7 of the Regulatory Powers Act, as it applies in relation to the

provisions covered by regulations made for the purposes of

paragraph (1)(ac), extends to each external Territory referred to in

section 34.

Application of the Regulatory Powers Act

(11) In determining the meaning of the expression an Act provides,

when used in Part 4, 5, 6 or 7 of the Regulatory Powers Act,

assume that regulations made for the purposes of subsection (1) are

an Act.

OP/GGS legislative instrument

(12) For the purposes of this section, OP/GGS legislative instrument

means a legislative instrument made under this Act.

Civil penalties, enforceable undertakings, infringement notices, injunctions etc.

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Part 2--Amendments commencing the same time as

Schedule 1 commences

Offshore Petroleum and Greenhouse Gas Storage Act 2006

16 Subsection 611N(2) (table item 2, column headed

"is an

authorised person in relation to the following

provisions in this Act (to the extent indicated) ... ", after

paragraph (b))

Insert:

(ba) subsections 452A(7) and (9);

17 Subsection 611N(2) (table item 2, column headed

"is an

authorised person in relation to the following

provisions in this Act (to the extent indicated) ... ", after

paragraph (i))

Insert:

(ia) subsection 581(4), in relation to a direction given by NOPSEMA;

(ib) subsection 582(1), in relation to a direction given by NOPSEMA;

18 Subsection 611N(2) (table item 2, column headed

"is an

authorised person in relation to the following

provisions in this Act (to t

he extent indicated) ... ", after

paragraph (j))

Insert:

(ja) subsection 591B(5);

(jb) subsection 594A(6);

19 Subsection 611N(2) (table item 3, column headed

"is an

authorised person in relation to the following

provisions in this Act (to the extent indicate

d) ... ", after

paragraph (e))

Insert:

(ea) subsections 452A(7) and (9);

Schedule 16 Civil penalties, enforceable undertakings, infringement notices,

injunctions etc.

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Part 3--Amendments commencing the same time as

Schedule 15 commences

Offshore Petroleum and Greenhouse Gas Storage Act 2006

20 Subsection 611N(2) (table item 2, column headed

"is an

authorised person in relation to the following

provisions in this Act (to the extent indicated) ... ", after

paragraph (v))

Insert:

(va) subclauses 6(1), 6(2), 7(3), 8(5), 8(7), 10(7), 12(6), 15(3), 15(4) and 16(6) of

Schedule 2B;

Designated frontier areas Schedule 17

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Schedule 17--Designated frontier areas

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 At the end of Schedule 6

Add:

43 Designated frontier areas for 2005

The Petroleum Resource Rent Tax Assessment Act 1987 has effect,

and is taken always to have had effect, as if:

(a) the following areas had been specified in an instrument made

under subsection 36B(1) of that Act on 17 April 2005:

(i) Area S05-2, as first gazetted in the South Australian

Government Gazette on 14 April 2005 under

subsection 20(1) of the repealed Petroleum (Submerged

Lands) Act 1967;

(ii) Areas W05-5, W05-23 and W05-24, as first gazetted in

the Western Australia Government Gazette on 15 April

2005 under subsection 20(1) of the repealed Petroleum

(Submerged Lands) Act 1967; and

(b) subsection 36B(3) of the Petroleum Resource Rent Tax

Assessment Act 1987 did not apply to that instrument.

Commonwealth of Australia Bills

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE AMENDMENT (MISCELLANEOUS AMENDMENTS) BILL 2018