OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE AMENDMENT (COMPLIANCE MEASURES NO. 2) BILL 2013

2010-2011-2012-2013

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Offshore Petroleum and Greenhouse Gas

Storage Amendment (Compliance

Measures No. 2) Bill 2013

No. , 2013

(Resources and Energy)

A Bill for an Act to amend the Offshore Petroleum

and Greenhouse Gas Storage Act 2006, and for

related purposes

i Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2)

Bill 2013 No. , 2013

Contents

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

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

Schedule(s) ........................................................................................ 3

Schedule 1--Compliance measures

Part 1--Infringement notices, injunctions and adverse

publicity orders

Division 1--Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Division 2--Application

Part 2--Continuing offences and civil penalty provisions

Division 1--Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Division 2--Application

Schedule 2--Prohibition and improvement notices

Part 1--Environmental prohibition and improvement notices

Division 1--Main amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Division 2--Minor amendments: do not disturb notices

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Division 3--Minor amendments: prohibition notices

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Division 4--Minor amendments: improvement notices

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Division 5--Application

Part 2--Publication of prohibition and improvement notices

Division 1--Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Division 2--Application

Schedule 3--Financial assurance, polluter pays and directions

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 ii

Part 1--Financial assurance

Division 1--Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Division 2--Application

Part 2--Polluter pays

Division 1--Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Division 2--Application

Part 3--Directions

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Schedule 4--Minor amendments

Part 1--Service of documents

Division 1--Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Division 2--Application

Part 2--Standing Council on Energy and Resources

Division 1--Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Division 2--Transitional

Part 3--Multiple titleholders

Division 1--Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Division 2--Application

Part 4--Acting Titles Administrator

Division 1--Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Division 2--Application

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 1

A Bill for an Act to amend the Offshore Petroleum

and Greenhouse Gas Storage Act 2006, and for

related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Offshore Petroleum and Greenhouse

Gas Storage Amendment (Compliance Measures No. 2) Act 2013.

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.

2 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

Commencement information

Column 2

Column 3

Commencement

Date/Details

1. Sections 1 to 3

The day this Act receives the Royal Assent.

2. Schedule 1

The later of:

(a) the start of the day after this Act receives

the Royal Assent; and

(b) immediately after the commencement of

Schedule 2 to the Offshore Petroleum

and Greenhouse Gas Storage

Amendment (Compliance Measures) Act

2013.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b)

does not occur.

3. Schedule 2

The later of:

(a) the start of the day this Act receives the

Royal Assent; and

(b) immediately after the commencement of

Schedule 1 to the Offshore Petroleum

and Greenhouse Gas Storage

Amendment (Compliance Measures) Act

2013.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b)

does not occur.

4. Schedule 3,

Part 1

A day or days to be fixed by Proclamation.

However, if any of the provision(s) 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.

5. Schedule 3,

Parts 2 and 3

The day after this Act receives the Royal

Assent.

6. Schedule 4,

Part 1

A single day to be fixed by Proclamation.

However, if the provision(s) 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.

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 3

Commencement information

Column 2

Column 3

Commencement

Date/Details

7. Schedule 4,

Part 2

The day after this Act receives the Royal

Assent.

8. Schedule 4,

items 15 to 19

A single day to be fixed by Proclamation.

However, if the provision(s) 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.

9. Schedule 4,

items 20 and 21

The day after this Act receives the Royal

Assent.

10. Schedule 4,

item 22

A single day to be fixed by Proclamation.

However, if the provision(s) 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.

11. Schedule 4,

items 23 to 25

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 Schedule(s)

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

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Schedule 1 Compliance measures

Part 1 Infringement notices, injunctions and adverse publicity orders

4 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

Schedule 1

Compliance measures

Part 1

Infringement notices, injunctions and

adverse publicity orders

Division 1

Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 At the end of Part 6.5

Add:

Division 5--Infringement notices

611D Simplified outline

The following is a simplified outline of this Division:

•

This Division provides for infringement notices that can be

issued and enforced in accordance with Part 5 of the

Regulatory Powers Act.

611E Infringement notices

Provisions subject to an infringement notice

(1) The following provisions are subject to an infringement notice

under Part 5 of the Regulatory Powers Act:

(a) subsection 249(2);

(b) subsection 284(5);

(d) subsection 508(4);

(e) subsection 509(4);

(f) subsection 575(4);

(g) subsection 602K(6);

(h) subsection 697(3);

(i) subclause 6(3) of Schedule 3;

Compliance measures Schedule 1

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2013 No. , 2013 5

(j) subclause 82(9) of Schedule 3;

(k) subclause 83(4) of Schedule 3.

Note:

Part 5 of the Regulatory Powers Act creates a framework for using

infringement notices in relation to provisions.

Infringement officers

(2) The following table has effect.

Infringement officers

Item

For the purposes of Part 5 of the

Regulatory Powers Act, each of

the following persons ...

is an infringement officer in

relation to the following provisions

in this Act ...

The Chief Executive Officer of

NOPSEMA

(a) subsection 286A(7);

(b) subsection 575(4);

(d) subclause 6(3) of Schedule 3;

(e) subclause 82(9) of Schedule 3;

(f) subclause 83(4) of Schedule 3.

The Titles Administrator

(a) subsection 249(2);

(b) subsection 284(5);

(d) subsection 508(4);

(e) subsection 509(4);

(f) subsection 697(3).

A NOPSEMA inspector

(a) subsection 249(2);

(b) subsection 284(5);

(d) subsection 508(4);

(e) subsection 509(4);

(f) subsection 575(4);

(g) subsection 602K(6);

(h) subsection 697(3);

(i) subclause 6(3) of Schedule 3;

(j) subclause 82(9) of Schedule 3;

(k) subclause 83(4) of Schedule 3.

Schedule 1 Compliance measures

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Relevant chief executive

(3) For the purposes of Part 5 of the Regulatory Powers Act, the

relevant chief executive in relation to an infringement notice is as

follows:

(a) the Chief Executive Officer of NOPSEMA, if the notice may

be issued by the Chief Executive Officer of NOPSEMA;

(b) the Secretary, if the notice may be issued by the Titles

Administrator;

Officer of NOPSEMA or the Titles Administrator--either of

them.

(4) If the Secretary is the relevant chief executive, he or she may, in

writing, delegate to an SES employee, or acting SES employee, in

the Department the power to extend the period referred to in

paragraph 108(1)(j) of the Regulatory Powers Act.

Note 1:

The expressions SES employee and acting SES employee are defined

in section 2B of the Acts Interpretation Act 1901.

Note 2:

See also sections 34AA and 34AB of the Acts Interpretation Act 1901.

Note 3:

If the Chief Executive Officer of NOPSEMA is the relevant chief

executive, see section 675 for the power to delegate.

(5) A person exercising power under a delegation under subsection (4)

must comply with any written directions of the relevant chief

executive.

Single infringement notice may deal with more than one

contravention

(6) Despite subsection 107(3) of the Regulatory Powers Act, a single

infringement notice may be given to a person in respect of:

(a) 2 or more alleged contraventions of a provision mentioned in

subsection (1); or

(b) alleged contraventions of 2 or more provisions mentioned in

subsection (1).

However, the notice must not require the person to pay more than

one amount in respect of the same conduct.

Compliance measures Schedule 1

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Regulations may set out other matters to be included

(7) A regulation made under this Act may set out any other matters

that are to be included in an infringement notice given in relation to

a contravention of a provision mentioned in subsection (1).

Extension to offshore areas

(8) Part 5 of the Regulatory Powers Act, as it applies in relation to the

provisions mentioned in subsection (1), extends to each offshore

area.

611F Infringement notice--multiple contraventions

In addition to the circumstances set out in subsection 107(4) of the

Regulatory Powers Act, and despite subsection 107(3) of that Act,

an infringement officer may also give a person a single

infringement notice relating to multiple contraventions of a single

provision if, under this Act or a regulation, the person:

(a) commits a separate offence in respect of each day during

which the offence continues; or

(b) is separately liable for a civil penalty in respect of each day

during which the liability continues.

611G Evidentiary matters

(1) The relevant chief executive may issue a certificate signed by him

or her stating:

(a) that the relevant chief executive did not allow further time

under section 109 of the Regulatory Powers Act to pay the

penalty for an offence, or a civil penalty, under this Act or a

regulation, stated in an infringement notice; and

(b) that the penalty has not been paid in accordance with the

notice within 28 days after the day the infringement notice is

given.

(2) The relevant chief executive may issue a certificate signed by him

or her stating:

(a) that the relevant chief executive allowed, under section 109

of the Regulatory Powers Act, the further time specified in

the certificate for payment of the penalty for an offence, or a

Schedule 1 Compliance measures

Part 1 Infringement notices, injunctions and adverse publicity orders

8 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

civil penalty, under this Act or a regulation, stated in an

infringement notice; and

(b) that the penalty has not been paid in accordance with the

notice or within the further time allowed.

(3) The relevant chief executive may issue a certificate signed by him

or her stating that a specified infringement notice was withdrawn

on a day specified in the certificate.

(4) For all purposes and in all proceedings, a document purporting to

be a certificate under subsection (1), (2) or (3) must, unless the

contrary is established, be taken to be such a certificate and to have

been properly given.

(5) For all purposes and in all proceedings, a certificate under

subsection (1), (2) or (3) is prima facie evidence of the matters

stated in the certificate.

Division 6--Injunctions

611H Simplified outline

The following is a simplified outline of this Division:

•

This Division provides for the grant of injunctions to enforce

compliance with this Act, relying on the framework set out in

Part 7 of the Regulatory Powers Act.

611J Injunctions

Enforceable provisions and authorised persons

(1) The provisions listed in the table in this section are enforceable

under Part 7 of the Regulatory Powers Act.

Note:

Part 7 of the Regulatory Powers Act creates a framework for using

injunctions to enforce provisions.

(2) The following table has effect.

Enforceable provisions and authorised persons

Compliance measures Schedule 1

Infringement notices, injunctions and adverse publicity orders Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 9

Item

For the purposes of Part 7 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 97(1);

(b) subsection 160(1);

(d) subsection 210(1);

(e) subsection 227(5);

(f) subsections 575(1), (2), (3), (3A),

(3B) and (3C), in relation to a

direction given by that Minister

(see section 574A);

(g) subsection 576(1) in relation to a

direction given by that Minister

(see section 574A);

(h) subsection 587B(1) in relation to

a direction given by that Minister

(see sections 586A and 587A);

(i) subsections 758(1) and (3);

(j) subsections 759(4) and (4A);

(k) section 764;

(l) section 765.

The Secretary

Subsection 780F(5).

The Chief Executive Officer of

NOPSEMA

(a) subsection 280(2);

(b) subsections 286A(2), (3), (4) and

(5);

(d) subsection 571(2);

(e) subsections 572(2) and (3), to the

extent those subsections apply in

relation to petroleum titles;

(f) subsections 575(1), (2), (3), (3A),

(3B) and (3C), in relation to a

direction given by NOPSEMA

(see section 574);

(g) subsection 576(1), in relation to

a direction given by NOPSEMA

(see section 574);

(h) subsection 576D(1);

Schedule 1 Compliance measures

Part 1 Infringement notices, injunctions and adverse publicity orders

10 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

Enforceable provisions and authorised persons

Item

For the purposes of Part 7 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) ...

(i) subsection 587B(1) in relation to

a direction given by NOPSEMA

(see sections 586 and 587);

(j) subsection 602K(5);

(k) subsection 603(1);

(l) subsections 616(3), (5), (7) and

(9);

(m) subsections 619(1), (3), (5) and

(7);

(n) subsections 620(2), (3), (4) and

(5);

(o) subsections 621(3), (4), (7), (9),

(10), (11) and (12);

(p) subclauses 6(1) and (2) of

Schedule 2A;

(q) subclause 7(3) of Schedule 2A;

(r) subclause 8(5) of Schedule 2A;

(s) subclause 10(7) of Schedule 2A;

(t) subclause 11A(6) of

Schedule 2A;

(u) subclause 11D(2) of

Schedule 2A;

(v) subclauses 12(1), (2) and (3) of

Schedule 2A;

(w) subclauses 6(1) and (2) of

Schedule 3;

(x) subclauses 9(1), 10(1), 11(1),

12(1) and (2), 13(1), 13A(1) and

(2), 14(1) and 15(1) of

Schedule 3;

(y) subclauses 54(1) and (1A) of

Schedule 3;

(z) subclause 73(3) of Schedule 3;

(za) subclauses 74(5) and (7) of

Schedule 3;

Compliance measures Schedule 1

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Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 11

Enforceable provisions and authorised persons

Item

For the purposes of Part 7 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) ...

(zb) subclause 76(7) of Schedule 3;

(zc) subclause 77(7) of Schedule 3;

(zd) subclause 78A(1) of

Schedule 3;

(ze) subclauses 79(1), (2) and (3) of

Schedule 3;

(zf) subclauses 82(1) and (6) of

Schedule 3;

(zg) subclause 83(1) of Schedule 3;

(zh) subclause 86(1) of Schedule 3;

(zi) subclause 87(1) and (2) of

Schedule 3;

(zj) subclause 88(1) of Schedule 3.

The Titles Administrator

(a) subsections 228(1) and (1A);

(b) subsection 249(1);

(d) subsections 286A(2), (3), (4) and

(5);

(e) subsections 507(4), (5) and (5A);

(f) subsections 508(4), (5) and (5A);

(g) subsections 509(4), (6) and (6A);

(h) subsection 512(1);

(i) section 513;

(j) subsection 514(1);

(k) subsection 568(2);

(l) subsections 697(3) and (3B);

(m) subsections 699(5) and (5A);

(n) section 705;

(o) section 706;

(p) section 707.

Schedule 1 Compliance measures

Part 1 Infringement notices, injunctions and adverse publicity orders

12 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

Relevant court

(3) For the purposes of Part 7 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;

Consent injunctions

(4) A relevant court may grant an injunction under Part 7 of the

Regulatory Powers Act in relation to a provision mentioned in

subsection (1) by consent of all the parties to proceedings brought

under that Part, whether or not the court is satisfied that

section 127 of that Act applies.

Extension to offshore areas

(5) Part 7 of the Regulatory Powers Act, as it applies in relation to the

provisions mentioned in subsection (1), extends to each offshore

area.

Division 7--Adverse publicity orders

611K Simplified outline

The following is a simplified outline of this Division:

•

This Division provides for adverse publicity orders to be made

by a court.

611L Adverse publicity orders

Scope

(1) This section applies if a court:

(a) finds a body corporate guilty of an offence against a

provision of this Act, or of a regulation, whether or not the

court convicts the body corporate of the offence; or

Compliance measures Schedule 1

Infringement notices, injunctions and adverse publicity orders Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 13

(b) finds a body corporate guilty of an offence against section 6

of the Crimes Act 1914 (whether or not the court convicts the

body corporate of the offence) in relation to an offence

referred to in paragraph (a) of this subsection; or

contravention of a provision of this Act or of a regulation.

Note:

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

Order by court

(2) The court may make an order (the adverse publicity order):

(a) on the application of the person prosecuting the offence or

taking the action to obtain a civil penalty order; and

(b) in addition to any penalty that may be imposed or any other

action that may be taken in relation to the offence or

contravention.

An application may only be made within 6 years after the

commission of the offence or the contravention.

(3) An adverse publicity order may require the body:

(a) to take either or both of the following actions within the

period specified in the order:

(i) to publicise, in the way specified in the order, the

offence or civil penalty order, its consequences, the

penalty imposed and any other related matter;

(ii) to notify a specified person or specified class of persons,

in the way specified in the order, of the offence or civil

penalty order, its consequences, the penalty imposed

and any other related matter; and

(b) to give NOPSEMA or the Titles Administrator (as specified

in the order), within 7 days after the end of the period

specified in the order, evidence that the action or actions

were taken by the body in accordance with the order.

Failing to give evidence

(4) If the body fails to give evidence in accordance with

paragraph (3)(b), NOPSEMA or the Titles Administrator (as the

case requires) may take the action or actions specified in the order.

Schedule 1 Compliance measures

Part 1 Infringement notices, injunctions and adverse publicity orders

14 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

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Action not in accordance with order

(5) NOPSEMA or the Titles Administrator (as the case requires) (the

applicant) may apply to a court for an order authorising the

applicant, or a person authorised in writing by the applicant, to take

the action or actions if:

(a) the body gives evidence to the applicant in accordance with

paragraph (3)(b); but

(b) despite that evidence, the applicant is not satisfied that the

body has taken the action or actions specified in the order in

accordance with the order.

(6) If the applicant takes one or more actions under subsection (4) or

an order under subsection (5), the applicant is entitled to recover

from the body, by action in a court, an amount in relation to the

reasonable expenses of taking the actions as a debt due to the

applicant on behalf of the Commonwealth.

(7) An authorisation by the applicant under subsection (5) is not a

legislative instrument.

2 Subsection 675(1)

After "section", insert "611G or".

3 After paragraph 790A(a)

Insert:

(aa) provide for a fine of not more than 50 penalty units for each

day on which a contravention of a civil penalty provision

occurs; and

(ab) provide that an offence or a civil penalty provision in a

regulation is subject to an infringement notice (see Part 5 of

the Regulatory Powers Act); and

(ac) make a provision of a legislative instrument enforceable

under Part 7 of the Regulatory Powers Act (which deals with

injunctions); and

(ad) provide that a person is an authorised person in relation to

one or more provisions for the purposes of Part 7 of the

Regulatory Powers Act; and

4 Subclause 79(4) of Schedule 3

After "offence", insert "of strict liability".

Compliance measures Schedule 1

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Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 15

5 At the end of subclause 79(4) of Schedule 3

Add:

Note:

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

6 Subclause 79(6) of Schedule 3

Repeal the subclause.

7 Subclause 83(4) of Schedule 3

After "offence", insert "of strict liability".

8 At the end of subclause 83(4) of Schedule 3

Add:

Note:

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

9 Subclause 83(5) of Schedule 3

Repeal the subclause.

Division 2

Application

10 Application

Infringement notices

(1)

Division 5 of Part 6.5 of the Offshore Petroleum and Greenhouse Gas

Storage Act 2006 (the Offshore Act), as inserted by Division 1 of this

Part, applies in relation to an offence or contravention committed

against the Offshore Act on or after the commencement of this Part.

Injunctions

(2)

Division 6 of Part 6.5 of the Offshore Act, as inserted by Division 1 of

this Part, applies in relation to:

(a) conduct that a person has engaged in, is engaging or is

proposing to engage in, on or after the commencement of this

Part; and

(b) a refusal or failure to do a thing, or a proposal to refuse or fail

to do a thing, on or after the commencement of this Part.

Compliance measures Schedule 1

Continuing offences and civil penalty provisions Part 2

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 17

Part 2

Continuing offences and civil penalty

provisions

Division 1

Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

11 Subsection 227(5)

After "offence", insert "of strict liability".

12 At the end of subsection 227(5)

Add:

Note:

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

13 Subsection 227(5A)

Repeal the subsection, substitute:

(5A) The maximum penalty for each day that an offence under

subsection (5) continues is 10% of the maximum penalty that can

be imposed in respect of that offence.

Note:

Subsection (5) is a continuing offence under section 4K of the Crimes

Act 1914.

14 At the end of section 228

Add:

Continuing offences

(4) A person who commits an offence against subsection (1) commits

a separate offence in respect of each day (including a day of a

conviction under this section or any later day) during which the

offence continues.

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

subsection (1) continues is 10% of the maximum penalty that can

be imposed in respect of that offence.

Schedule 1 Compliance measures

Part 2 Continuing offences and civil penalty provisions

18 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

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Continuing contraventions of civil penalty provisions

(6) A person who contravenes subsection (1A) commits a separate

contravention in respect of each day (including a day of the making

of a relevant civil penalty order or any later day) during which the

contravention continues.

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

subsection (1A) continues is 10% of the maximum civil penalty

that can be imposed in respect of that contravention.

15 Subsection 249(2)

After "offence", insert "of strict liability".

16 At the end of subsection 249(2)

Add:

Note:

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

17 Subsection 249(3)

Repeal the subsection.

18 At the end of section 249

Add:

Continuing offences and continuing contraventions of civil penalty

provisions

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

subsection (2) continues is 10% of the maximum penalty that can

be imposed in respect of that offence.

Note:

Subsection (2) is a continuing offence under section 4K of the Crimes

Act 1914.

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

subsection (4) continues is 10% of the maximum civil penalty that

can be imposed in respect of that contravention.

Note:

Subsection (4) is a continuing civil penalty provision under section 96

of the Regulatory Powers Act.

19 Subsection 284(5)

After "offence", insert "of strict liability".

Compliance measures Schedule 1

Continuing offences and civil penalty provisions Part 2

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 19

20 At the end of subsection 284(5)

Add:

Note:

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

21 Subsection 284(6)

Repeal the subsection.

22 At the end of section 284

Add:

Continuing offences and continuing contraventions of civil penalty

provisions

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

subsection (5) continues is 10% of the maximum penalty that can

be imposed in respect of that offence.

Note:

Subsection (5) is a continuing offence under section 4K of the Crimes

Act 1914.

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

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

can be imposed in respect of that contravention.

Note:

Subsection (7) is a continuing civil penalty provision under section 96

of the Regulatory Powers Act.

23 Subsection 286A(7)

After "offence", insert "of strict liability".

24 At the end of subsection 286A(7)

Add:

Note:

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

25 Subsection 286A(8)

Repeal the subsection.

26 After subsection 286A(8A)

Insert:

Schedule 1 Compliance measures

Part 2 Continuing offences and civil penalty provisions

20 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

Continuing offences and continuing contraventions of civil penalty

provisions

(8B) 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.

(8C) The maximum civil penalty for each day that a contravention of

subsection (8A) continues is 10% of the maximum civil penalty

that can be imposed in respect of that contravention.

Note:

Subsection (8A) is a continuing civil penalty provision under

section 96 of the Regulatory Powers Act.

27 After subsection 507(5A)

Insert:

Continuing offences and continuing contraventions of civil penalty

provisions

(5B) The maximum penalty for each day that an offence under

subsection (4) continues is 10% of the maximum penalty that can

be imposed in respect of that offence.

Note:

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

Act 1914.

(5C) The maximum civil penalty for each day that a contravention of

subsection (5A) continues is 10% of the maximum civil penalty

that can be imposed in respect of that contravention.

Note:

Subsection (5A) is a continuing civil penalty provision under

section 96 of the Regulatory Powers Act.

28 At the end of subsection 507(6) (before the note)

Add:

; (d) subsection (5B);

(e) subsection (5C).

29 Subsection 508(4)

After "offence", insert "of strict liability".

Compliance measures Schedule 1

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Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 21

30 At the end of subsection 508(4)

Add:

Note:

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

31 Subsection 508(4A)

Repeal the subsection.

32 After subsection 508(5A)

Insert:

Continuing offences and continuing contraventions of civil penalty

provisions

(5B) The maximum penalty for each day that an offence under

subsection (4) continues is 10% of the maximum penalty that can

be imposed in respect of that offence.

Note:

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

Act 1914.

(5C) The maximum civil penalty for each day that a contravention of

subsection (5A) continues is 10% of the maximum civil penalty

that can be imposed in respect of that contravention.

Note:

Subsection (5A) is a continuing civil penalty provision under

section 96 of the Regulatory Powers Act.

33 At the end of subsection 508(6) (before the note)

Add:

; (d) subsection (5B);

(e) subsection (5C).

34 Subsection 509(4)

After "offence", insert "of strict liability".

35 At the end of subsection 509(4)

Add:

Note:

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

36 Subsection 509(5)

Repeal the subsection.

Schedule 1 Compliance measures

Part 2 Continuing offences and civil penalty provisions

22 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

37 After subsection 509(6A)

Insert:

Continuing offences and continuing contraventions of civil penalty

provisions

(6B) The maximum penalty for each day that an offence under

subsection (4) continues is 10% of the maximum penalty that can

be imposed in respect of that offence.

Note:

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

Act 1914.

(6C) The maximum civil penalty for each day that a contravention of

subsection (6A) continues is 10% of the maximum civil penalty

that can be imposed in respect of that contravention.

Note:

Subsection (6A) is a continuing civil penalty provision under

section 96 of the Regulatory Powers Act.

38 At the end of subsection 509(7) (before the note)

Add:

; (d) subsection (6B);

(e) subsection (6C).

39 Subsection 575(4)

After "offence", insert "of strict liability".

40 At the end of subsection 575(4)

Add:

Note:

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

41 Subsection 575(5)

Repeal the subsection.

42 At the end of section 575

Add:

Continuing offences

(7) A person who commits an offence against subsection (4) commits

a separate offence in respect of each day (including a day of a

Compliance measures Schedule 1

Continuing offences and civil penalty provisions Part 2

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 23

conviction under this section or any later day) during which the

offence continues.

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

subsection (4) continues is 10% of the maximum penalty that can

be imposed in respect of that offence.

Continuing contraventions of civil penalty provisions

(9) A person who contravenes subsection (6) commits a separate

contravention in respect of each day (including a day of the making

of a relevant civil penalty order or any later day) during which the

contravention continues.

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

subsection (6) continues is 10% of the maximum civil penalty that

can be imposed in respect of that contravention.

43 At the end of section 576

Add:

Continuing offences

(8) A person who commits an offence against subsection (2) or (4)

commits a separate offence in respect of each day (including a day

of a conviction under that subsection or any later day) during

which the offence against that subsection continues.

(9) The maximum penalty for each day that the offence continues is

10% of the maximum penalty that can be imposed in respect of that

offence.

Continuing contraventions of civil penalty provisions

(10) A person who contravenes subsection (5) commits a separate

contravention in respect of each day (including a day of the making

of a relevant civil penalty order or any later day) during which the

contravention continues.

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

subsection (5) continues is 10% of the maximum civil penalty that

can be imposed in respect of that contravention.

Schedule 1 Compliance measures

Part 2 Continuing offences and civil penalty provisions

24 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

44 At the end of section 576D

Add:

Continuing offences and continuing contraventions of civil penalty

provisions

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

subsection (2) or (4) continues is 10% of the maximum penalty that

can be imposed in respect of that offence.

Note:

Subsections (2) and (4) are continuing offences under section 4K of

the Crimes Act 1914.

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

subsection (5) continues is 10% of the maximum civil penalty that

can be imposed in respect of that contravention.

Note:

Subsection (5) is a continuing civil penalty provision under section 96

of the Regulatory Powers Act.

45 After subsection 587B(5)

Insert:

Continuing offences and continuing contraventions of civil penalty

provisions

(5A) The maximum penalty for each day that an offence under

subsection (2) or (4) continues is 10% of the maximum penalty that

can be imposed in respect of that offence.

Note:

Subsections (2) and (4) are continuing offences under section 4K of

the Crimes Act 1914.

(5B) The maximum civil penalty for each day that a contravention of

subsection (5) continues is 10% of the maximum civil penalty that

can be imposed in respect of that contravention.

Note:

Subsection (5) is a continuing civil penalty provision under section 96

of the Regulatory Powers Act.

46 At the end of Division 4 of Part 6.5

Add:

Compliance measures Schedule 1

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Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 25

611C Contravening civil penalty provisions

Scope

(1) This section applies if a person is liable for a civil penalty under a

civil penalty provision of this Act, or of a regulation, because the

person has contravened, or breached a requirement of, another

provision of this Act, or of another regulation.

References to contraventions

(2) For the purposes of this Act, the person is taken to have

contravened the civil penalty provision if the person has

contravened, or breached the requirement, of the other provision.

47 Subsection 697(3)

After "offence", insert "of strict liability".

48 At the end of subsection 697(3)

Add:

Note:

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

49 Subsection 697(3A)

Repeal the subsection.

50 After subsection 697(3B)

Insert:

Continuing offences

(3C) A person who commits an offence against subsection (3) by failing

to comply with a direction to which paragraph (2)(c) applies

commits a separate offence in respect of each day (including a day

of a conviction under this section or any later day) during which

the offence continues.

(3D) The maximum penalty for each day to which subsection (3C)

applies is 10% of the maximum penalty that can be imposed in

respect of that offence.

Schedule 1 Compliance measures

Part 2 Continuing offences and civil penalty provisions

26 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

Continuing contraventions of civil penalty provisions

(3E) A person who contravenes subsection (3B) by failing to comply

with a direction to which paragraph (2)(c) applies commits a

separate contravention in respect of each day (including a day of

the making of a relevant civil penalty order or any later day) during

which the contravention continues.

(3F) The maximum civil penalty for each day to which subsection (3E)

applies is 10% of the maximum civil penalty that can be imposed

in respect of that contravention.

51 After subsection 699(5A)

Insert:

Continuing offences and continuing contraventions of civil penalty

provisions

(5B) The maximum penalty for each day that an offence under

subsection (5) continues is 10% of the maximum penalty that can

be imposed in respect of that offence.

Note:

To the extent that subsection (5D) provides, subsection (5) is a

continuing offence under section 4K of the Crimes Act 1914.

(5C) The maximum civil penalty for each day that a contravention of

subsection (5A) continues is 10% of the maximum civil penalty

that can be imposed in respect of that contravention.

Note:

To the extent that subsection (5D) provides, subsection (5A) is a

continuing civil penalty provision under section 96 of the Regulatory

Powers Act.

(5D) Subsections (5B) and (5C) apply only in relation to a contravention

of a requirement to which paragraph (2)(a), (b) or (c) applies.

52 After paragraph 699(6)(aa)

Insert:

(ab) subsection (5B);

(ac) subsection (5C);

53 After subsection 780F(6)

Insert:

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Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 27

Continuing offences

(6A) A person who commits an offence against subsection (5) commits

a separate offence in respect of each day (including a day of a

conviction under this section or any later day) during which the

offence continues.

(6B) The maximum penalty for each day that an offence under

subsection (5) continues is 10% of the maximum penalty that can

be imposed in respect of that offence.

54 Before subclause 6(1) of Schedule 3

Insert:

Basic requirements

55 Subclause 6(3) of Schedule 3

After "offence", insert "of strict liability".

56 At the end of subclause 6(3) of Schedule 3

Add:

Note:

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

57 Subclause 6(4) of Schedule 3

Repeal the subclause.

58 After subclause 6(4A) of Schedule 3

Insert:

Continuing offences

(4B) A person who commits an offence against subclause (3) commits a

separate offence in respect of each day (including a day of a

conviction under this clause or any later day) during which the

offence continues.

(4C) 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.

Schedule 1 Compliance measures

Part 2 Continuing offences and civil penalty provisions

28 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

Continuing contraventions of civil penalty provisions

(4D) A person who contravenes subclause (4A) commits a separate

contravention in respect of each day (including a day of the making

of a relevant civil penalty order or any later day) during which the

contravention continues.

(4E) The maximum civil penalty for each day that a contravention of

subclause (4A) continues is 10% of the maximum civil penalty that

can be imposed in respect of that contravention.

Operators who are individuals

59 At the end of clause 77 of Schedule 3

Add:

Continuing offences

(8) A person who commits an offence against subclause (7) commits a

separate offence in respect of each day (including a day of a

conviction under this clause or any later day) during which the

offence continues.

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

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

imposed in respect of that offence.

60 At the end of clause 78A of Schedule 3

Add:

Continuing offences and continuing contraventions of civil penalty

provisions

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

subclause (2) continues is 10% of the maximum penalty that can be

imposed in respect of that offence.

Note:

Subclause (2) is a continuing offence under section 4K of the Crimes

Act 1914.

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

subclause (3) continues is 10% of the maximum civil penalty that

can be imposed in respect of that contravention.

Compliance measures Schedule 1

Continuing offences and civil penalty provisions Part 2

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 29

Note:

Subclause (3) is a continuing civil penalty provision under section 96

of the Regulatory Powers Act.

61 Subclause 82(4) of Schedule 3

After "offence", insert "of strict liability".

62 At the end of subclause 82(4) of Schedule 3

Add:

Note:

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

63 Subclause 82(5) of Schedule 3

Repeal the subclause.

64 Subclause 82(9) of Schedule 3

After "offence", insert "of strict liability".

65 At the end of subclause 82(9) of Schedule 3

Add:

Note:

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

66 Subclause 82(10) of Schedule 3

Repeal the subclause, substitute:

Continuing offences

(10) A person who commits an offence against subclause (4) or (9)

commits a separate offence in respect of each day (including a day

of a conviction under that subclause or any later day) during which

the offence continues.

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

subclause (4) or (9) continues is 10% of the maximum penalty that

can be imposed in respect of that offence.

Schedule 1 Compliance measures

Part 2 Continuing offences and civil penalty provisions

30 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

Division 2

Application

67 Application

The amendments of the Offshore Petroleum and Greenhouse Gas

Storage Act 2006 made by Division 1 of this Part apply in relation to an

offence or contravention committed against that Act on or after the

commencement of this Part.

Prohibition and improvement notices Schedule 2

Environmental prohibition and improvement notices Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 31

Schedule 2

Prohibition and improvement

notices

Part 1

Environmental prohibition and improvement

notices

Division 1

Main amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Paragraph 602E(2)(a)

Omit "a do not disturb notice under clause 10 of Schedule 2A",

substitute "any of the following:

(i) an environmental do not disturb notice under clause 10

of Schedule 2A;

(ii) an environmental prohibition notice under clause 11A

of Schedule 2A;

(iii) an environmental improvement notice under clause 11C

of Schedule 2A;".

2 Clause 2 of Schedule 2A (definition of do not disturb

notice)

Repeal the definition.

3 Clause 2 of Schedule 2A

Insert:

environmental do not disturb notice has the meaning given by

subclause 10(2).

environmental improvement notice has the meaning given by

subclause 11C(2).

environmental prohibition notice has the meaning given by

subclause 11A(2).

4 After clause 11 of Schedule 2A

Insert:

Schedule 2 Prohibition and improvement notices

Part 1 Environmental prohibition and improvement notices

32 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

11A Petroleum environmental inspections--environmental

prohibition notices (issue)

Scope

(1) This clause applies if a NOPSEMA inspector is conducting a

petroleum environmental inspection in relation to offshore

petroleum premises.

When notice may be issued

(2) A NOPSEMA inspector may issue a notice (an environmental

prohibition notice) to a titleholder, in writing, under this clause if,

in conducting the inspection, the inspector is satisfied on

reasonable grounds that:

(a) one or more of the following is the case:

(i) an activity is occurring at the premises that involves an

immediate and significant threat to the environment;

(ii) an activity may occur at the premises that, if it occurred,

would involve an immediate and significant threat to the

environment;

(iii) the operation or use of the premises involves an

immediate and significant threat to the environment;

(iv) the operation or use of the premises, if it occurred,

would involve an immediate and significant threat to the

environment; 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 12A).

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 premises who is nominated for

the inspection.

Contents of notice

(4) The notice must:

Prohibition and improvement notices Schedule 2

Environmental prohibition and improvement notices Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 33

(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) specify the activity at the premises, or the operation or use of

the premises, that involves a threat to the environment; and

environment that is subject to the threat; and

(d) direct the titleholder to ensure:

(i) that the activity is not conducted; or

(ii) that the activity is not conducted in a specified manner;

(iii) that the premises are not operated or used; or

(iv) that the premises are not operated or used 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 environment.

Offence

(6) A person commits an offence if:

(a) the person is subject to an environmental prohibition notice;

and

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

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.

Schedule 2 Prohibition and improvement notices

Part 1 Environmental prohibition and improvement notices

34 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

Definition

(9) In this clause:

premises, in relation to offshore petroleum premises, includes:

(a) a particular part of the premises; and

(b) particular plant or equipment, or a particular substance or

thing, at the premises.

11B Petroleum environmental inspections--environmental

prohibition notices (notification)

Scope

(1) This clause applies if a NOPSEMA inspector issues an

environmental prohibition notice to a titleholder under clause 11A

that concerns a threat to the environment in relation to:

(a) an activity at offshore petroleum premises; or

(b) the operation or use of offshore petroleum premises.

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 following persons:

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

the facility;

(b) if the premises are a vessel under the command or charge of a

master--the master;

substance or thing is) owned by a person other than the

titleholder or operator--that owner.

Display of notice

(3) The titleholder must cause a copy of the notice to be displayed in a

prominent place at the premises.

Prohibition and improvement notices Schedule 2

Environmental prohibition and improvement notices Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 35

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 environment is not adequate,

the inspector must inform the titleholder accordingly.

(5) In making a decision under subclause (4), a NOPSEMA inspector

may exercise such of the powers of a NOPSEMA inspector

conducting a petroleum environmental 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 environment.

Definition

(7) In this clause:

premises, in relation to offshore petroleum premises, includes:

(a) a particular part of the premises; and

(b) particular plant or equipment, or a particular substance or

thing, at the premises.

11C Petroleum environmental inspections--environmental

improvement notices (issue)

Scope

(1) This clause applies if a NOPSEMA inspector is conducting a

petroleum environmental inspection in relation to offshore

petroleum premises.

When notice may be issued

(2) A NOPSEMA inspector may issue a notice (an environmental

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:

Schedule 2 Prohibition and improvement notices

Part 1 Environmental prohibition and improvement notices

36 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

(i) is contravening a provision of a petroleum

environmental law; or

(ii) has contravened a provision of a petroleum

environmental law and is likely to contravene that

provision again; and

(b) as a result, there is, or may be, a significant threat to the

environment.

Note:

The notice will be published on NOPSEMA's website (see

clause 12A).

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 premises 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 contravention of a petroleum environmental 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 environment, and set out those

grounds; and

environment that is subject to the threat; 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

Prohibition and improvement notices Schedule 2

Environmental prohibition and improvement notices Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 37

and before the end of the period, extend the period specified in the

notice.

11D Petroleum environmental inspections--environmental

improvement notices (compliance and notification)

Scope

(1) This clause applies if, in the course of a petroleum environmental

inspection in relation to offshore petroleum premises, a

NOPSEMA inspector issues an environmental improvement notice

to a titleholder under clause 11C that concerns a contravention, or

likely contravention, of a petroleum environmental law.

Duty of titleholder

(2) The titleholder must ensure that the notice is complied with.

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

the facility;

Schedule 2 Prohibition and improvement notices

Part 1 Environmental prohibition and improvement notices

38 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

(b) if the premises are a vessel under the command or charge of a

master--the master;

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 premises.

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.

(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 96

of the Regulatory Powers Act.

5 Subclause 12(1) of Schedule 2A

Omit "or 11(2)", substitute ", 11(2), 11B(3) or 11D(6)".

6 Subclause 12(3) of Schedule 2A

After "11(2),", insert "11B(3) or 11D(6)".

Division 2

Minor amendments: do not disturb notices

Offshore Petroleum and Greenhouse Gas Storage Act 2006

7 Clause 10 of Schedule 2A (heading)

Omit "do not disturb notices", substitute "environmental do not

disturb notices".

Prohibition and improvement notices Schedule 2

Environmental prohibition and improvement notices Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 39

8 Subclause 10(2) of Schedule 2A

Omit "do not disturb notice", substitute "notice (an environmental do

not disturb notice)".

9 Paragraph 10(7)(a) of Schedule 2A

Omit "a do not disturb notice", substitute "an environmental do not

disturb notice".

10 Clause 11 of Schedule 2A (heading)

Omit "do not disturb notices", substitute "environmental do not

disturb notices".

11 Subclauses 11(1) and (2) of Schedule 2A

Omit "a do not disturb notice", substitute "an environmental do not

disturb notice".

12 Clause 3 of Schedule 3 (definition of do not disturb notice)

Repeal the definition.

13 Clause 3 of Schedule 3

Insert:

OHS do not disturb notice has the meaning given by

subclause 76(1).

14 Clause 76 of Schedule 3 (heading)

Omit "do not disturb notices", substitute "OHS do not disturb

notices".

15 Subclause 76(1) of Schedule 3

Omit "do not disturb notice", substitute "notice (an OHS do not disturb

notice)".

16 Clause 76A of Schedule 3 (heading)

Omit "do not disturb notices", substitute "OHS do not disturb

notices".

Schedule 2 Prohibition and improvement notices

Part 1 Environmental prohibition and improvement notices

40 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

17 Amendments of listed provisions

OHS do not disturb

notices

Omit "a do not disturb notice" and substitute "an OHS do not disturb

notice" in the following provisions:

(a) subparagraph 602E(2)(b)(i);

(b) clause 47 of Schedule 3;

(d) subclause 76A(1) of Schedule 3;

(e) paragraph 80A(1)(b) of Schedule 3;

(f) item 4 of the table in subclause 80A(1) of Schedule 3.

Division 3

Minor amendments: prohibition notices

Offshore Petroleum and Greenhouse Gas Storage Act 2006

18 Clause 3 of Schedule 3 (definition of prohibition notice)

Repeal the definition.

19 Clause 3 of Schedule 3

Insert:

OHS prohibition notice has the meaning given by subclause 77(1).

20 Clause 77 of Schedule 3 (heading)

Omit "prohibition notices", substitute "OHS prohibition notices".

21 Subclause 77(1) of Schedule 3

Omit "prohibition notice", substitute "notice (an OHS prohibition

notice)".

22 Clause 77A of Schedule 3 (heading)

Omit "prohibition notices", substitute "OHS prohibition notices".

23 Amendments of listed provisions

OHS prohibition

notices

Omit "a prohibition notice" and substitute "an OHS prohibition notice"

in the following provisions:

(a) subparagraph 602E(2)(b)(ii);

Prohibition and improvement notices Schedule 2

Environmental prohibition and improvement notices Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 41

(b) clause 47 of Schedule 3;

(d) subclauses 77A(1) and (2) of Schedule 3;

(e) paragraph 80A(1)(b) of Schedule 3;

(f) items 5, 6 and 7 of the table in subclause 80A(1) of

Schedule 3.

Division 4

Minor amendments: improvement notices

Offshore Petroleum and Greenhouse Gas Storage Act 2006

24 Clause 3 of Schedule 3 (definition of improvement notice)

Repeal the definition.

25 Clause 3 of Schedule 3

Insert:

OHS improvement notice has the meaning given by

subclause 78(1).

26 Paragraph 34(1)(e) of Schedule 3

Omit "provisional improvement notices", substitute "provisional OHS

improvement notices".

27 Clause 38 of Schedule 3 (heading)

Repeal the heading, substitute:

38 Provisional OHS improvement notices--issue and notification

28 Subclause 38(2) of Schedule 3 (heading)

Repeal the heading, substitute:

Issue of provisional OHS improvement notice

29 Subclause 38(2) of Schedule 3

Omit "provisional improvement notice", substitute "provisional OHS

improvement notice".

Schedule 2 Prohibition and improvement notices

Part 1 Environmental prohibition and improvement notices

42 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

30 Subclause 38(3) of Schedule 3

Omit "improvement".

31 Subclause 38(5) of Schedule 3 (heading)

Repeal the heading, substitute:

Content of provisional OHS improvement notice

32 Subclause 38(8) of Schedule 3 (heading)

Repeal the heading, substitute:

Copy of provisional OHS improvement notice

33 Clause 39 of Schedule 3 (heading)

Repeal the heading, substitute:

39 Provisional OHS improvement notices--effect

34 Clause 78 of Schedule 3 (heading)

Omit "improvement notices", substitute "OHS improvement

notices".

35 Subclause 78(1) of Schedule 3

Omit "an improvement notice", substitute "a notice (an OHS

improvement notice)".

36 Clauses 78A and 78B of Schedule 3 (headings)

Omit "improvement notices", substitute "OHS improvement

notices".

37 Subclause 80A(1) of Schedule 3 (table items 1 and 2)

Omit "provisional improvement notice" (wherever occurring),

substitute "provisional OHS improvement notice".

38 Subclause 81(4) of Schedule 3 (heading)

Omit "improvement notices", substitute "OHS improvement notices".

Prohibition and improvement notices Schedule 2

Environmental prohibition and improvement notices Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 43

39 Amendments of listed provisions

OHS improvement

notices

Omit "improvement notice" and substitute "OHS improvement notice"

in the following provisions:

(a) subparagraph 602E(2)(b)(iii);

(b) subclause 39(8) of Schedule 3;

(d) subclauses 78A(1) and 78B(1) of Schedule 3;

(e) paragraph 80A(1)(b) of Schedule 3;

(f) item 8 of the table in subclause 80A(1) of Schedule 3;

(g) subclause 81(4) of Schedule 3 (note);

(h) subclause 81(5) of Schedule 3.

Division 5

Application

40 Application

The Offshore Petroleum and Greenhouse Gas Storage Act 2006, as

amended by Divisions 1 to 4 of this Part, applies on and after the

commencement of this Part in relation to the following:

(a) acts or omissions of persons, whether occurring before, on or

after that commencement;

(b) any other matter, whether arising before, on or after that

commencement, that is relevant to the exercise of powers or

the performance of functions of a NOPSEMA inspector, on

or after that commencement, for the purposes of that Act.

Schedule 2 Prohibition and improvement notices

Part 2 Publication of prohibition and improvement notices

44 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

Part 2

Publication of prohibition and improvement

notices

Division 1

Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

41 At the end of Division 2 of Part 2 of Schedule 2A

Add:

12A Petroleum environmental inspections--publishing

environmental prohibition notices and environmental

improvement notices

(1) NOPSEMA must publish on its website an environmental

prohibition notice or an environmental improvement notice 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 the notice is published on the NOPSEMA website and 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 all rights for judicial review (including any right of appeal) in

relation to the decision to issue the notice have been exhausted, and

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

reasonable in the circumstances to ensure that the information is

de-identified before the notice is published.

Prohibition and improvement notices Schedule 2

Publication of prohibition and improvement notices Part 2

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 45

(6) Personal information is de-identified if the information is no longer

about an identifiable individual or an individual who is reasonably

identifiable.

42 At the end of subclause 77(1) of Schedule 3

Add:

Note:

The notice will be published on NOPSEMA's website (see

clause 80AA).

43 At the end of subclause 78(1) of Schedule 3

Add:

Note:

The notice will be published on NOPSEMA's website (see

clause 80AA).

44 At the end of Division 3 of Part 4 of Schedule 3

Add:

80AA OHS inspections--publishing OHS prohibition notices and

OHS improvement notices

(1) NOPSEMA must publish on its website an OHS prohibition notice

or an OHS improvement notice 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 the notice is the subject of an application for

an appeal to the reviewing authority or review by a court.

(3) If the notice is published on the NOPSEMA website and the

decision to issue the notice is, or becomes, the subject of an

application for an appeal to the reviewing authority or review by a

court, NOPSEMA must remove the notice from the website as

soon as practicable after becoming aware of the application.

(4) Subject to subsection (5), NOPSEMA must publish the notice on

its website within 21 days after becoming aware that the decision

to issue the notice has been affirmed or upheld and all appeal and

review rights in relation to that decision have been exhausted.

(5) If the reviewing authority revokes the decision to issue the notice,

and substitutes its own decision to issue a notice (the substituted

notice), NOPSEMA must publish the substituted notice on its

Schedule 2 Prohibition and improvement notices

Part 2 Publication of prohibition and improvement notices

46 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

website within 21 days after becoming aware that all appeal and

review rights in relation to the decision to issue the substituted

notice have been exhausted.

(6) If the notice contains personal information (within the meaning of

the Privacy Act 1988), NOPSEMA must take such steps as are

reasonable in the circumstances to ensure that the information is

de-identified before the notice is published.

(7) Personal information is de-identified if the information is no longer

about an identifiable individual or an individual who is reasonably

identifiable.

Division 2

Application

45 Application

The amendments of the Offshore Petroleum and Greenhouse Gas

Storage Act 2006 made by Division 1 of this Part apply in relation to

notices issued on or after the commencement of this Part.

Financial assurance, polluter pays and directions Schedule 3

Financial assurance Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 47

Schedule 3

Financial assurance, polluter

pays and directions

Part 1

Financial assurance

Division 1

Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Subsections 231(1) and 240(1) (notes)

Repeal the notes.

2 Subsections 404(1) and 413(1) (notes)

Omit "section 571", substitute "section 571A".

3 Section 567

Omit "insurance", substitute "financial assurance".

4 Section 571

Repeal the section, substitute:

571 Financial assurance--petroleum titles

Scope

(1) This section applies in relation to a petroleum activity carried out

in relation to any of the following titles:

(a) a petroleum exploration permit;

(b) a petroleum retention lease;

(d) an infrastructure licence;

(e) a pipeline licence;

(f) a petroleum special prospecting authority;

(g) a petroleum access authority.

Schedule 3 Financial assurance, polluter pays and directions

Part 1 Financial assurance

48 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

Titleholder duty to maintain financial assurance

(2) The titleholder must, at all times while the title is in force, maintain

financial assurance sufficient to give the titleholder the capacity to

meet costs, expenses and liabilities arising in connection with, or as

a result of:

(a) the carrying out of the petroleum activity; or

(b) the doing of any other thing for the purposes of the petroleum

activity; or

this Act, or a legislative instrument under this Act, in relation

to the petroleum activity.

Examples: This subsection covers costs, expenses and liabilities arising in

connection with, or as a result of, the following (without limitation):

(a) complying with the titleholder's duty under section 572C (which

relates to the escape of petroleum);

(b) a debt due to the Commonwealth, a State or the Northern

Territory under section 572D, 572E or 572F (which relate to an

escape of petroleum), including a debt due to NOPSEMA on

behalf of the Commonwealth, or to an agency or authority on

behalf of the State or the Northern Territory;

the remediation of damage to the seabed or subsoil arising in

connection with a petroleum activity.

(3) The following may be provided for by regulation:

(a) compliance with subsection (2) in relation to a petroleum

activity to be demonstrated as a prior condition of acceptance

of an environment plan for the activity;

(b) such compliance to be in a form acceptable to NOPSEMA;

NOPSEMA, to be grounds for the withdrawal of acceptance

of an environment plan for the activity.

Note:

For requirements relating to environment plans, see Part 2 of the

Offshore Petroleum and Greenhouse Gas Storage (Environment)

Regulations 2009.

Form of financial assurance

(4) The forms of financial assurance for a title that may be maintained

for the purposes of this section include (without limitation) any of

the following, or any combination of the following:

(a) insurance;

Financial assurance, polluter pays and directions Schedule 3

Financial assurance Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 49

(b) self-insurance;

(d) the deposit of an amount as security with a financial

institution;

(e) an indemnity or other surety;

(f) a letter of credit from a financial institution;

(g) a mortgage.

(5) In this section:

environment plan for a petroleum activity means an environment

plan for the activity under the Offshore Petroleum and Greenhouse

Gas Storage (Environment) Regulations 2009.

Note:

Environment plans are dealt with in Part 2 of these Regulations.

financial institution has its ordinary meaning, and (to avoid doubt)

includes:

(a) an authorised deposit-taking institution within the meaning of

the Banking Act 1959; and

(b) a financial institution of a foreign country.

petroleum activity has the same meaning as in the Offshore

Petroleum and Greenhouse Gas Storage (Environment)

Regulations 2009.

self-insurance: for a petroleum activity in relation to a title, the

titleholder maintains financial assurance in the form of

self-insurance to the extent that the titleholder ensures that

financial resources are available at all times while the title is in

force to meet costs, expenses and liabilities in relation to the

activity arising as mentioned in subsection (2).

titleholder, for a title in relation to which this section applies,

means the registered holder of the title.

571A Insurance--greenhouse gas titles

Greenhouse gas titles

(1) The conditions of:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

Schedule 3 Financial assurance, polluter pays and directions

Part 1 Financial assurance

50 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

(d) a greenhouse gas search authority; or

(e) a greenhouse gas special authority;

may include a condition that the registered holder maintain, as

directed by the responsible Commonwealth Minister from time to

time, insurance against:

(f) expenses; or

(g) liabilities; or

(h) specified things;

arising in connection with, or as a result of:

(i) the carrying out of work under the permit, lease, licence or

authority; or

(j) the doing of any other thing under the permit, lease, licence

or authority;

including insurance against expenses of complying with directions

relating to the clean-up or other remediation of the effects of the

escape of a greenhouse gas substance.

Direction to be in writing

(2) A direction under this section must be in writing.

5 Clause 2 of Schedule 2A (at the end of the definition of

petroleum environmental law)

Add:

; and (c) includes section 571 (which deals with financial assurance),

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

in relation to compliance with section 571.

Division 2

Application

6 Definitions for Division 2

In this Division:

environment plan for a petroleum activity means an environment plan

for the activity under the Offshore Petroleum and Greenhouse Gas

Storage (Environment) Regulations 2009.

Note:

Environment plans are dealt with in Part 2 of those Regulations.

Financial assurance, polluter pays and directions Schedule 3

Financial assurance Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 51

Offshore Act means the Offshore Petroleum and Greenhouse Gas

Storage Act 2006, as amended by Division 1 of this Part.

petroleum activity has the same meaning as in the Offshore Petroleum

and Greenhouse Gas Storage (Environment) Regulations 2009.

title means a title to which section 571 or 571A of the Offshore Act

applies.

7 Application

The amendments made by Division 1 of this Part apply, on or after the

commencement of this Part, in relation to a title whether the title was

granted before, on or after the commencement of this Part.

8 Transitional

environment plan already accepted

(1)

This item applies in relation to a petroleum activity for which an

environment plan was accepted before the commencement of this Part,

if the plan remains in force.

(2)

In conducting a petroleum environmental inspection under Schedule 2A

to the Offshore Act, a NOPSEMA inspector may demand that

compliance with subsection 571(2) of that Act must be demonstrated in

relation to the activity, in a form that is acceptable to NOPSEMA.

(3)

A failure to comply with a demand under subitem (2) is grounds for the

withdrawal of acceptance of the environment plan.

Schedule 3 Financial assurance, polluter pays and directions

Part 2 Polluter pays

52 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

Part 2

Polluter pays

Division 1

Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

9 After Part 6.1

Insert:

Part 6.1A--Polluter pays

Division 1--General

572A Simplified outline

The following is a simplified outline of this Part:

If there is an escape of petroleum in relation to a petroleum

activity, the titleholder is required to do the following in any

offshore area:

(a)

eliminate or control the escape;

(b)

clean up the escaped petroleum and remediate any

resulting damage to the environment;

(c)

carry out environmental monitoring of the impact

of the escape on the environment.

If the titleholder fails to do any of these things, NOPSEMA or the

responsible Commonwealth Minister may do them instead. The

titleholder must reimburse NOPSEMA or the Commonwealth for

the costs and expenses of any such action.

The titleholder must also reimburse a State or the Northern

Territory for any reasonable costs or expenses incurred in doing

any of the following in land or waters of the State or the Northern

Territory:

Financial assurance, polluter pays and directions Schedule 3

Polluter pays Part 2

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 53

(a)

cleaning up the escaped petroleum;

(b)

remediating any resulting damage to the

environment;

(c)

carrying out environmental monitoring of the

impact of the escape on the environment.

572B Relationship with significant offshore petroleum incident

directions

Nothing in this Part limits the power of NOPSEMA to give a

direction under section 576B in relation to an escape of petroleum.

Note:

Section 576B allows NOPSEMA to give directions dealing with

significant offshore petroleum incidents.

Division 2--Polluter pays

572C Escape of petroleum--titleholder's duty

Scope

(1) This section applies in the event of an escape of petroleum

occurring as a result of, or in connection with, a petroleum activity

in relation to any of the following titles:

(a) a petroleum exploration permit;

(b) a petroleum retention lease;

(d) an infrastructure licence;

(e) a pipeline licence.

Titleholder's duty

(2) The registered holder of the title must, in an offshore area, in

accordance with the environment plan for the petroleum activity:

(a) as soon as possible after becoming aware of the escape of

petroleum, take all reasonably practicable steps to eliminate

or control it; and

(b) clean up the escaped petroleum and remediate any resulting

damage to the environment; and

Schedule 3 Financial assurance, polluter pays and directions

Part 2 Polluter pays

54 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

escape on the environment.

Definitions

(3) In this section:

environment plan for a petroleum activity means an environment

plan for the activity under the Offshore Petroleum and Greenhouse

Gas Storage (Environment) Regulations 2009.

Note:

Environment plans are dealt with in Part 2 of those Regulations.

petroleum activity has the same meaning as in the Offshore

Petroleum and Greenhouse Gas Storage (Environment)

Regulations 2009.

572D Escape of petroleum--reimbursement of NOPSEMA

Scope

(1) This section applies if NOPSEMA considers on reasonable

grounds that the registered holder of a title has failed to comply

with subsection 572C(2) in relation to an escape of petroleum.

Action taken by NOPSEMA

(2) NOPSEMA may do any or all of the things that NOPSEMA

considers, on reasonable grounds, the registered holder of the title

has failed to do to comply with subsection 572C(2).

Recovery of costs and expenses incurred by NOPSEMA

(3) Costs or expenses incurred by NOPSEMA in doing any thing

under subsection (2) are:

(a) a debt due to NOPSEMA on behalf of the Commonwealth by

the registered holder of the title; and

(b) recoverable by NOPSEMA on behalf of the Commonwealth

in a court of competent jurisdiction.

Financial assurance, polluter pays and directions Schedule 3

Polluter pays Part 2

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 55

572E Escape of petroleum--reimbursement of responsible

Commonwealth Minister

Scope

(1) This section applies if the responsible Commonwealth Minister

considers on reasonable grounds that the registered holder of a title

has failed to comply with subsection 572C(2) in relation to an

escape of petroleum.

Action taken by responsible Commonwealth Minister

(2) The responsible Commonwealth Minister may do any or all of the

things that he or she considers, on reasonable grounds, the

registered holder of the title has failed to do to comply with

subsection 572C(2).

Recovery of costs and expenses incurred by responsible

Commonwealth Minister

(3) Costs or expenses incurred by the responsible Commonwealth

Minister in doing any thing under subsection (2) are:

(a) a debt due to the Commonwealth by the registered holder of

the title; and

(b) recoverable by the Commonwealth in a court of competent

jurisdiction.

572F Escape of petroleum--reimbursement of State or Northern

Territory

Scope

(1) This section applies if:

(a) there is an escape of petroleum, in relation to a title, to which

subsection 572C(1) applies; and

(b) a State or the Northern Territory (the relevant jurisdiction),

or an agency or authority acting on behalf of the relevant

jurisdiction, incurs reasonable costs or expenses (recoverable

costs or expenses) in doing any of the following in the land

or waters of the relevant jurisdiction:

(i) cleaning up the escaped petroleum;

Schedule 3 Financial assurance, polluter pays and directions

Part 2 Polluter pays

56 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

(ii) remediating any resulting damage to the environment;

(iii) carrying out environmental monitoring of the impact of

the escape on the environment.

Recovery of costs and expenses incurred by the State or the

Northern Territory

(2) The recoverable costs or expenses are:

(a) a debt due to the relevant jurisdiction (or to the agency or

authority acting on behalf of that jurisdiction) by the

registered holder of the title; and

(b) recoverable in a court of competent jurisdiction.

Other rights of action not affected

(3) This section does not affect any other right of action, or other

remedy, that the relevant jurisdiction, an agency or authority acting

on behalf of that jurisdiction or any other person may have against

the registered holder of the title in relation to the escape of

petroleum.

Definition

(4) In this section:

land or waters, of the relevant jurisdiction, are:

(a) land or waters within the limits of the jurisdiction; or

(b) the eligible coastal waters of the jurisdiction, within the

meaning of section 650; or

meaning of Part 6.9 (see section 644).

Division 2

Application

10 Application

The amendments made by Division 1 of this Part apply in relation to an

escape of petroleum that occurs on or after the commencement of this

Part.

Financial assurance, polluter pays and directions Schedule 3

Directions Part 3

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 57

Part 3

Directions

Offshore Petroleum and Greenhouse Gas Storage Act 2006

11 After section 574A

Insert:

574B 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 this Division 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.

Note:

A related title may cover greenhouse gas operations (see the definition

of title in subsection (3)).

(3) 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.

12 Subsection 576B(5)

Omit "the offshore area", substitute "an offshore area".

13 After section 585

Insert:

Schedule 3 Financial assurance, polluter pays and directions

Part 3 Directions

58 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

585A Remedial directions for petroleum--power to issue directions

under different provisions

The power to give a direction under a provision of this Division to

a person in relation to a matter does not limit the power of

NOPSEMA or the responsible Commonwealth Minister to give a

direction to the person in relation to the same (or a different) matter

under:

(a) another provision of this Division; or

(b) a provision of Part 6.2 (which deals with petroleum

directions).

14 After section 591

Insert:

591A Remedial directions for greenhouse gas--power to issue

directions under different provisions

The power to give a direction under a provision of this Division to

a person in relation to a matter does not limit the power of the

responsible Commonwealth Minister to give a direction to the

person in relation to the same (or a different) matter under:

(a) another provision of this Division; or

(b) a provision of Part 6.3 (which deals with greenhouse gas

directions).

Minor amendments Schedule 4

Service of documents Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 59

Schedule 4

Minor amendments

Part 1

Service of documents

Division 1

Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Section 7 (paragraph (a) of the definition of approved)

Repeal the paragraph, substitute:

(a) when used in Chapter 3--means approved in writing by the

responsible Commonwealth Minister; or

2 Section 7 (paragraph (g) of the definition of approved)

Omit "; or".

3 Section 7 (paragraph (h) of the definition of approved)

Repeal the paragraph.

4 Subsection 286A(9) (paragraphs (c) and (e) of the definition

of contact details)

Omit "(if any)".

5 Part 9.6

Repeal the Part.

6 Paragraphs 775A(2)(a) to (d)

Repeal the paragraphs.

7 At the end of subsection 775A(2)

Add:

; or (i) a provision of this Act, or a legislative instrument under this

Act, that is prescribed by regulation.

8 After section 782

Insert:

Schedule 4 Minor amendments

Part 1 Service of documents

60 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

782A Regulations--service of documents

(1) A regulation (a service regulation) may provide for or in relation

to the way in which documents are required or permitted to be

given for the purposes of this Act or a legislative instrument under

this Act.

Example 1: A service regulation may require or permit documents to be given by

email or fax or another form of electronic transmission.

Example 2 If a service regulation requires or permits documents to be given by

email transmission, or by prepayment and postage as letters, the

regulation may provide for a time at which the documents are taken to

be given.

Electronic Transactions Act 1999 overridden

(2) This section, and any service regulations, have effect despite any

provision in the Electronic Transactions Act 1999.

9 Paragraph 93(1)(c) of Schedule 3

Repeal the paragraph.

Division 2

Application

10 Application

documents given after commencement of

amendments

(1)

The amendments made by Division 1 of this Part apply in relation to a

document given for the purposes of the Offshore Petroleum and

Greenhouse Gas Storage Act 2006 (the Offshore Act), or a legislative

instrument under that Act, on or after the commencement of this Part.

(2)

However, if a document is given for the purposes of the Offshore Act

by prepaying and posting the document as a letter, the amendments

made by Division 1 of this Part do not apply in relation to the document

if it is posted before the commencement of this Part.

Minor amendments Schedule 4

Standing Council on Energy and Resources Part 2

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 61

Part 2

Standing Council on Energy and Resources

Division 1

Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

11 Section 7

Insert:

Ministers responsible for mineral and energy resources matters

means a group of Ministers established or recognised by the

Council of Australian Governments whose members include

Commonwealth, State, Territory and New Zealand Ministers with

responsibility for energy and resource matters.

12 Amendments of listed provisions

Ministers responsible

for mineral and energy resources matters

Omit "the body known as the Standing Council on Energy and

Resources" and substitute "the Ministers responsible for mineral and

energy resources matters" in the following provisions:

(a) section 643, paragraph (b) of the definition of Greenhouse

Gas Storage Ministerial Council;

(b) subparagraph 654(1)(b)(iv);

(d) subsection 656(4);

(e) subsection 665(3);

(f) subparagraphs 690(1)(b)(iii) and (3)(b)(iii);

(g) paragraph 695N(2)(e).

Division 2

Transitional

13 Board members

The amendments made by Division 1 of this Part do not affect the

continuity of an appointment under section 656 of the Offshore

Petroleum and Greenhouse Gas Storage Act 2006.

Minor amendments Schedule 4

Multiple titleholders Part 3

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 63

Part 3

Multiple titleholders

Division 1

Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

15 Section 775A (heading)

Repeal the heading, substitute:

775A Definitions

Eligible voluntary action

16 At the end of paragraph 775A(1)(d)

Add "or".

17 After paragraph 775A(1)(d)

Insert:

(e) giving a plan; or

(f) giving an objection;

18 Subsection 775A(1)

Omit "or the responsible Commonwealth Minister", substitute ", the

responsible Commonwealth Minister or NOPSEMA".

19 At the end of section 775A

Add:

This Act includes a legislative instrument

(3) For the purposes of this Division, this Act includes a legislative

instrument under this Act.

20 Paragraph 775D(1)(a)

After "this Act", insert ", or a legislative instrument under this Act,".

21 Paragraph 775E(1)(a)

After "this Act", insert ", or a legislative instrument under this Act,".

Schedule 4 Minor amendments

Part 3 Multiple titleholders

64 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures

No. 2) Bill 2013 No. , 2013

Division 2

Application

22 Application

amendments of section 775A

The amendments of section 775A of the Offshore Petroleum and

Greenhouse Gas Storage Act 2006 made by Division 1 of this Part

apply in relation to a nomination given to the Titles Administrator under

section 775B or 775C of that Act before, on or after the commencement

of this item.

23 Application

amendments of sections 775D and 775E

The amendments of sections 775D and 775E of the Offshore Petroleum

and Greenhouse Gas Storage Act 2006 made by Division 1 of this Part

apply in relation to an obligation incurred on or after the

commencement of this item.

Minor amendments Schedule 4

Acting Titles Administrator Part 4

Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill

2013 No. , 2013 65

Part 4

Acting Titles Administrator

Division 1

Amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

24 Subsection 695C(2)

Repeal the subsection, substitute:

(2) A person is eligible for appointment to act as the Titles

Administrator if:

(a) the person is eligible for appointment as the Titles

Administrator; or

(b) the person is an acting SES employee in the Department.

Division 2

Application

25 Application

The amendment made by Division 1 of this Part applies in relation to

appointments under section 695C of the Offshore Petroleum and

Greenhouse Gas Storage Act 2006 made on or after the commencement

of this Part.

Commonwealth of Australia Bills

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE AMENDMENT (COMPLIANCE MEASURES NO. 2) BILL 2013