Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015-2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Offshore Petroleum and Greenhouse Gas
Storage Amendment Bill 2016
No. , 2016
(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. , 2016
Offshore Petroleum and Greenhouse Gas Storage Amendment Bill
2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Offshore Petroleum and Greenhouse Gas Storage Act 2006
3
No. , 2016
Offshore Petroleum and Greenhouse Gas Storage Amendment Bill
2016
1
A Bill for an Act to amend the Offshore Petroleum
1
and Greenhouse Gas Storage Act 2006, and for other
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Offshore Petroleum and Greenhouse
6
Gas Storage Amendment Act 2016.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Offshore Petroleum and Greenhouse Gas Storage Amendment Bill
2016
No. , 2016
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
No. , 2016
Offshore Petroleum and Greenhouse Gas Storage Amendment Bill
2016
3
Schedule 1--Amendments
1
2
Offshore Petroleum and Greenhouse Gas Storage Act 2006
3
1 Section 7
4
Insert:
5
Environment Minister means the Minister administering the
6
Environment Protection and Biodiversity Conservation Act 1999.
7
2 After Part 9.10B
8
Insert:
9
Part 9.10C--Commonwealth reserves
10
Division 1--Introduction
11
780J Simplified outline of this Part
12
•
This Part is about the renewal, or the extension of the term, of
13
a petroleum title, where:
14
(a)
the relevant title area is wholly or partly located in a
15
Commonwealth reserve (within the meaning of the
16
Environment Protection and Biodiversity Conservation
17
Act 1999); and
18
(b)
the title was in force immediately before the declaration
19
of the Commonwealth reserve.
20
•
This Part validates a renewal, or an extension of the term, of a
21
petroleum title that:
22
(a)
occurred before 1 January 2016; and
23
(b)
was invalid because consent was not given by the
24
Environment Minister under subsection 359(3) of the
25
Environment Protection and Biodiversity Conservation
26
Act 1999.
27
Schedule 1 Amendments
4
Offshore Petroleum and Greenhouse Gas Storage Amendment Bill
2016
No. , 2016
Note 1:
Subsection 359(1) of the Environment Protection and Biodiversity
1
Conservation Act 1999, exempts certain usage rights from:
2
(a) the regulatory regime in Division 4 of Part 15 of that Act; and
3
(b) the provisions of a management plan for a Commonwealth
4
reserve.
5
Note 2:
Under subsection 359(3) of the Environment Protection and
6
Biodiversity Conservation Act 1999, certain usage rights cannot be
7
renewed or extended without the consent of the Environment Minister.
8
Division 2--Validation etc.
9
780K Validation of certain renewals and extensions
10
(1) If:
11
(a) before 1 January 2016:
12
(i) a petroleum exploration permit was purportedly
13
renewed under this Act; or
14
(ii) a petroleum retention lease was purportedly renewed
15
under this Act; or
16
(iii) a fixed-term petroleum production licence was
17
purportedly renewed under this Act; and
18
(b) the purported renewal would, apart from this subsection, be
19
invalid because consent was not given under
20
subsection 359(3) of the Environment Protection and
21
Biodiversity Conservation Act 1999;
22
the purported renewal is as valid and effective, and is taken always
23
to have been as valid and effective, as it would have been if:
24
(c) consent had been given under that subsection; and
25
(d) that consent had not been subject to any conditions.
26
(2) If:
27
(a) before 1 January 2016:
28
(i) the term of a petroleum exploration permit was
29
purportedly extended under this Act; or
30
(ii) the term of a petroleum retention lease was purportedly
31
extended under this Act; and
32
(b) the purported extension would, apart from this subsection, be
33
invalid because consent was not given under
34
Amendments Schedule 1
No. , 2016
Offshore Petroleum and Greenhouse Gas Storage Amendment Bill
2016
5
subsection 359(3) of the Environment Protection and
1
Biodiversity Conservation Act 1999;
2
the purported extension is as valid and effective, and is taken
3
always to have been as valid and effective, as it would have been
4
if:
5
(c) consent had been given under that subsection; and
6
(d) that consent had not been subject to any conditions.
7
780L Application of EPIC exemption regime to certain petroleum
8
titles
9
Petroleum exploration permit
10
(1) If:
11
(a) subsection 359(1) of the Environment Protection and
12
Biodiversity Conservation Act 1999 applied to a petroleum
13
exploration permit granted before the commencement of this
14
section (the earlier permit); and
15
(b) the earlier permit was renewed before the commencement of
16
this section;
17
subsection 359(1) of the Environment Protection and Biodiversity
18
Conservation Act 1999 applies, and is taken always to have
19
applied, to the petroleum exploration permit granted by way of
20
renewal in a corresponding way to the way in which it applied to
21
the earlier permit.
22
(2) If:
23
(a) subsection 359(1) of the Environment Protection and
24
Biodiversity Conservation Act 1999 applies or applied to a
25
petroleum exploration permit granted before the
26
commencement of this section; and
27
(b) the term of the permit was extended before the
28
commencement of this section;
29
subsection 359(1) of the Environment Protection and Biodiversity
30
Conservation Act 1999 continues to apply, and is taken to have
31
continued to apply, to the permit during the period of the
32
extension.
33
Schedule 1 Amendments
6
Offshore Petroleum and Greenhouse Gas Storage Amendment Bill
2016
No. , 2016
Petroleum retention lease
1
(3) If:
2
(a) subsection 359(1) of the Environment Protection and
3
Biodiversity Conservation Act 1999 applied to a petroleum
4
retention lease granted before the commencement of this
5
section (the earlier lease); and
6
(b) the earlier lease was renewed before the commencement of
7
this section;
8
subsection 359(1) of the Environment Protection and Biodiversity
9
Conservation Act 1999 applies, and is taken always to have
10
applied, to the petroleum retention lease granted by way of renewal
11
in a corresponding way to the way in which it applied to the earlier
12
lease.
13
(4) If:
14
(a) subsection 359(1) of the Environment Protection and
15
Biodiversity Conservation Act 1999 applies or applied to a
16
petroleum retention lease granted before the commencement
17
of this section; and
18
(b) the term of the lease was extended before the commencement
19
of this section;
20
subsection 359(1) of the Environment Protection and Biodiversity
21
Conservation Act 1999 continues to apply, and is taken to have
22
continued to apply, to the lease during the period of the extension.
23
Fixed-term petroleum production licence
24
(5) If:
25
(a) subsection 359(1) of the Environment Protection and
26
Biodiversity Conservation Act 1999 applied to a fixed-term
27
petroleum production licence granted before the
28
commencement of this section (the earlier licence); and
29
(b) the earlier licence was renewed before the commencement of
30
this section;
31
subsection 359(1) of the Environment Protection and Biodiversity
32
Conservation Act 1999 applies, and is taken always to have
33
applied, to the fixed-term petroleum production licence granted by
34
way of renewal in a corresponding way to the way in which it
35
applied to the earlier licence.
36
Amendments Schedule 1
No. , 2016
Offshore Petroleum and Greenhouse Gas Storage Amendment Bill
2016
7
(6) If:
1
(a) subsection 359(1) of the Environment Protection and
2
Biodiversity Conservation Act 1999 applies or applied to a
3
petroleum production licence granted before the
4
commencement of this section; and
5
(b) the term of the licence was extended before the
6
commencement of this section;
7
subsection 359(1) of the Environment Protection and Biodiversity
8
Conservation Act 1999 continues to apply, and is taken to have
9
continued to apply, to the licence during the period of the
10
extension.
11