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
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Offshore Petroleum and Greenhouse Gas
Storage Amendment (Miscellaneous
Measures) Bill 2014
No. , 2014
(Industry)
A Bill for an Act to amend the Offshore Petroleum
and Greenhouse Gas Storage Act 2006, and for other
purposes
No. , 2014
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Measures) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Designated coastal waters etc.
3
Offshore Petroleum and Greenhouse Gas Storage Act 2006
3
Schedule 2--Multiple titleholders
7
Part 1--Amendments
7
Offshore Petroleum and Greenhouse Gas Storage Act 2006
7
Part 2--Application of amendments
10
No. , 2014
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Measures) Bill 2014
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 (Miscellaneous Measures) Act 2014.
7
2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
10
2
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Measures) Bill 2014
No. , 2014
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Designated coastal waters etc. Schedule 1
No. , 2014
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Measures) Bill 2014
3
Schedule 1
--Designated coastal waters etc.
1
2
Offshore Petroleum and Greenhouse Gas Storage Act 2006
3
1 Subsection 572F(4) (paragraph (b) of the definition of land
4
or waters)
5
Repeal the paragraph.
6
2 Subsection 641(1)
7
After "in relation to", insert "an area in".
8
3 Subsection 641(1)
9
Omit "those designated coastal waters", substitute "that area".
10
4 Subsection 641(2)
11
Omit "those designated coastal waters", insert "that area".
12
5 Section 643 (paragraph (a) of the definition of State PSLA)
13
After "that State", insert "or such other law of that State as is prescribed
14
by the regulations for the purposes of this paragraph".
15
6 Section 643 (paragraph (b) of the definition of State PSLA)
16
Omit "the Petroleum (Submerged Lands) Act 1982 of that State",
17
substitute "the Offshore Petroleum and Greenhouse Gas Storage Act
18
2010 of that State or such other law of that State as is prescribed by the
19
regulations for the purposes of this paragraph".
20
7 Section 643 (paragraphs (c), (d), (e) and (f) of the definition
21
of State PSLA)
22
After "that State", insert "or such other law of that State as is prescribed
23
by the regulations for the purposes of this paragraph".
24
8 Section 643 (definition of Territory PSLA)
25
After "the Northern Territory", insert "or such other law of the Northern
26
Territory as is prescribed by the regulations for the purposes of this
27
paragraph".
28
Schedule 1 Designated coastal waters etc.
4
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Measures) Bill 2014
No. , 2014
9 Section 643 (note at the end of the definition of Territory
1
PSLA)
2
Repeal the note.
3
10 Section 644
4
Repeal the section, substitute:
5
644 Designated coastal waters
6
For the purposes of this Part, designated coastal waters, in relation
7
to a State or the Northern Territory, means so much of the
8
scheduled area for the State or Territory as consists of any waters
9
of the sea that are on the landward side of the offshore area of the
10
State or Territory.
11
11 Subparagraph 646(e)(i)
12
After "storage operations", insert "in Commonwealth waters".
13
12 At the end of section 646
14
Add:
15
Note 1:
For a limitation on the conferral of the functions referred to in
16
paragraphs (b), (gi) and (gj), see subsection 646A(1A).
17
Note 2:
For a limitation on the conferral of the functions referred to in
18
paragraph (gb), see subsection 646A(1B).
19
13 Before subsection 646A(1)
20
Insert:
21
(1A) A State PSLA or the Territory PSLA must not confer functions on
22
NOPSEMA in connection with operations in waters of the sea
23
within the limits of the State or Territory unless:
24
(a) the operations are carried on by a constitutional corporation;
25
or
26
(b) the operations relate to vessels, structures or other things that
27
are owned or controlled, or that are being constructed,
28
operated or decommissioned, by a constitutional corporation.
29
(1B) A State PSLA or the Territory PSLA must not confer functions on
30
NOPSEMA in relation to the structural integrity of facilities, wells
31
Designated coastal waters etc. Schedule 1
No. , 2014
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Measures) Bill 2014
5
or well-related equipment located in waters of the sea within the
1
limits of the State or Territory unless the facilities, wells or
2
well-related equipment:
3
(a) are owned or controlled by a constitutional corporation; or
4
(b) are being constructed, operated or decommissioned, by a
5
constitutional corporation.
6
14 Subsection 649(1)
7
Omit "(1)".
8
15 Subsection 649(1)
9
Omit "(other than section 650)".
10
16 Subsection 649(2)
11
Repeal the subsection.
12
17 Subparagraphs 650(1)(c)(iii) and (iv)
13
Repeal the subparagraphs, substitute:
14
(iii) land, or waters (not being designated coastal waters),
15
within the limits of the State or Territory; or
16
18 Paragraph 650(1)(d)
17
Omit "if subparagraph (c)(iii) applies", substitute "if the services are to
18
be provided on land that is, or in waters that are, within the limits of the
19
State or Territory".
20
19 Subsection 650(1) (note)
21
Repeal the note.
22
20 Subsection 650(2)
23
Repeal the subsection.
24
21 Subsection 650(6)
25
Omit all the words after "do not apply", substitute "in relation to a
26
power conferred by subsection (1) or (3) of this section".
27
Schedule 1 Designated coastal waters etc.
6
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Measures) Bill 2014
No. , 2014
22 Subsection 650(6A)
1
Omit all the words after "include information", substitute "about a
2
service provided under a contract mentioned in subsection (1) or (3) of
3
this section".
4
23 Subsection 650(7) (definition of eligible coastal waters)
5
Repeal the definition.
6
24 After subsection 678(1)
7
Insert:
8
(1A) The corporate plan must include details of an analysis of risk
9
factors in respect of the matters referred to in paragraphs (1)(a), (b)
10
and (c) only to the extent that NOPSEMA has functions in relation
11
to those matters.
12
Multiple titleholders Schedule 2
Amendments Part 1
No. , 2014
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Measures) Bill 2014
7
Schedule 2
--Multiple titleholders
1
Part 1
--Amendments
2
Offshore Petroleum and Greenhouse Gas Storage Act 2006
3
1 Subsection 775A(1)
4
Omit "eligible voluntary action means:", substitute "each of the
5
following actions is an eligible voluntary action if the action is
6
permitted, but not required, to be taken under this Act:".
7
2 Subsection 775A(1)
8
Omit ", where the application, nomination, request or notice is
9
permitted, but not required, to be made or given under this Act".
10
3 Paragraph 775B(4)(d)
11
Omit "application, nomination, request or notice to which the eligible
12
voluntary action relates is expressed to be made or given, as the case
13
may be,", substitute "eligible voluntary action is expressed to be taken".
14
4 Subsection 775B(4)
15
Omit "application, nomination, request or notice to which the eligible
16
voluntary action relates were made or given, as the case may be,",
17
substitute "eligible voluntary action were taken".
18
5 Subsection 775B(5)
19
Repeal the subsection, substitute:
20
(5) The registered holders are not entitled to take an eligible voluntary
21
action except:
22
(a) in accordance with subsection (4); or
23
(b) by taking the action jointly.
24
6 After subsection 775B(6)
25
Insert:
26
(6A) If a registered holder of a petroleum title revokes a nomination
27
under subsection (6), that registered holder must give written
28
Schedule 2 Multiple titleholders
Part 1 Amendments
8
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Measures) Bill 2014
No. , 2014
notice of the revocation to each of the other registered holders as
1
soon as practicable after the revocation.
2
7 After subsection 775B(7)
3
Insert:
4
Effect of cessation in force of nomination
5
(7A) If the nomination of a registered holder of a petroleum title ceases
6
to be in force under subsection (6) or (7), the cessation in force of
7
the nomination does not affect the validity of an eligible voluntary
8
action taken by the registered holder (or former registered holder)
9
before the nomination ceases to be in force.
10
8 Paragraph 775C(4)(d)
11
Omit "application, nomination, request or notice to which the eligible
12
voluntary action relates is expressed to be made or given, as the case
13
may be,", substitute "eligible voluntary action is expressed to be taken".
14
9 Subsection 775C(4)
15
Omit "application, nomination, request or notice to which the eligible
16
voluntary action relates were made or given, as the case may be,",
17
substitute "eligible voluntary action were taken".
18
10 Subsection 775C(5)
19
Repeal the subsection, substitute:
20
(5) The registered holders are not entitled to take an eligible voluntary
21
action except:
22
(a) in accordance with subsection (4); or
23
(b) by taking the action jointly.
24
11 After subsection 775C(6)
25
Insert:
26
(6A) If a registered holder of a greenhouse gas title revokes a
27
nomination under subsection (6), that registered holder must give
28
written notice of the revocation to each of the other registered
29
holders as soon as practicable after the revocation.
30
Multiple titleholders Schedule 2
Amendments Part 1
No. , 2014
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Measures) Bill 2014
9
12 After subsection 775C(7)
1
Insert:
2
Effect of cessation in force of nomination
3
(7A) If the nomination of a registered holder of a greenhouse gas title
4
ceases to be in force under subsection (6) or (7), the cessation in
5
force of the nomination does not affect the validity of an eligible
6
voluntary action taken by the registered holder (or former
7
registered holder) before the nomination ceases to be in force.
8
Schedule 2 Multiple titleholders
Part 2 Application of amendments
10
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Miscellaneous Measures) Bill 2014
No. , 2014
Part 2
--Application of amendments
1
13 Definition
2
In this Part:
3
Offshore Act means the Offshore Petroleum and Greenhouse Gas
4
Storage Act 2006.
5
14 Application
--multiple titleholder amendments
6
(1)
The amendments of sections 775A and 775B of the Offshore Act made
7
by Part 1 of this Schedule apply in relation to:
8
(a) the cessation in force of a nomination of a registered holder
9
of a petroleum title under section 775B of the Offshore Act
10
on or after the commencement of this Schedule; and
11
(b) an eligible voluntary action taken by a registered holder of a
12
petroleum title on behalf of the registered holders of the title
13
before, on or after the commencement of this Schedule.
14
(2)
The amendments of sections 775A and 775C of the Offshore Act made
15
by Part 1 of this Schedule apply in relation to:
16
(a) the cessation in force of a nomination of a registered holder
17
of a greenhouse gas title under section 775C of the Offshore
18
Act on or after the commencement of this Schedule; and
19
(b) an eligible voluntary action taken by a registered holder of a
20
greenhouse gas title on behalf of the registered holders of the
21
title before, on or after the commencement of this Schedule.
22