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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Offshore Petroleum and Greenhouse Gas
Storage Amendment (Regulatory Powers
and Other Measures) Bill 2014
No. , 2014
(Industry)
A Bill for an Act to amend the Offshore Petroleum
and Greenhouse Gas Storage Act 2006, and for
related purposes
No. , 2014
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Regulatory Powers and Other Measures) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 3
Schedule 1--Regulatory powers amendments
4
Part 1--Offshore Petroleum and Greenhouse Gas Storage
Amendment (Compliance Measures) Act 2013
4
Part 2--Offshore Petroleum and Greenhouse Gas Storage Act
2006
5
Schedule 2--Other measures
7
Part 1--Offshore Petroleum and Greenhouse Gas Storage Act
2006
7
Part 2--Application of amendments
12
No. , 2014
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Regulatory Powers and Other Measures) Bill 2014
1
A Bill for an Act to amend the Offshore Petroleum
1
and Greenhouse Gas Storage Act 2006, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Offshore Petroleum and Greenhouse
6
Gas Storage Amendment (Regulatory Powers and Other Measures)
7
Act 2014.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Regulatory Powers and Other Measures) Bill 2014
No. , 2014
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 2
Immediately after the commencement of
Schedule 1 to the Offshore Petroleum and
Greenhouse Gas Storage Amendment
(Compliance Measures No. 2) Act 2013.
However, the provision(s) do not commence
at all if that Schedule does not commence.
4. Schedule 2,
items 1 to 6
The day after this Act receives the Royal
Assent.
5. Schedule 2,
items 7 to 11
At the same time as items 1 and 2 of
Schedule 1 to the Offshore Petroleum and
Greenhouse Gas Storage (Regulatory
Levies) Amendment Act 2014 commence.
However, the provision(s) do not commence
at all if those items do not commence.
6. Schedule 2,
items 12 and 13
The day after this Act receives the Royal
Assent.
7. Schedule 2,
item 14
At the same time as items 1 and 2 of
Schedule 1 to the Offshore Petroleum and
Greenhouse Gas Storage (Regulatory
Levies) Amendment Act 2014 commence.
However, the provision(s) do not commence
at all if those items do not commence.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
No. , 2014
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Regulatory Powers and Other Measures) Bill 2014
3
(2) Any information in column 3 of the table is not part of this Act.
1
Information may be inserted in this column, or information in it
2
may be edited, in any published version of this Act.
3
3 Schedule(s)
4
Each Act that is specified in a Schedule to this Act is amended or
5
repealed as set out in the applicable items in the Schedule
6
concerned, and any other item in a Schedule to this Act has effect
7
according to its terms.
8
Schedule 1 Regulatory powers amendments
Part 1 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance
Measures) Act 2013
4
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Regulatory Powers and Other Measures) Bill 2014
No. , 2014
Schedule 1
--Regulatory powers amendments
1
Part 1
--Offshore Petroleum and Greenhouse Gas
2
Storage Amendment (Compliance Measures)
3
Act 2013
4
1 Subsection 2(1) (table items 2 and 3, column 2,
5
paragraph (b))
6
Omit "Regulatory Powers (Standard Provisions) Act 2013", substitute
7
"Regulatory Powers (Standard Provisions) Act 2014".
8
2 Part 1 of Schedule 1 (heading)
9
Repeal the heading, substitute:
10
Part 1--Application of the Regulatory Powers
11
(Standard Provisions) Act 2014
12
3 Item 154 of Schedule 1 (definition of Regulatory Powers
13
Act)
14
Repeal the definition.
15
Regulatory powers amendments Schedule 1
Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 2
No. , 2014
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Regulatory Powers and Other Measures) Bill 2014
5
Part 2
--Offshore Petroleum and Greenhouse Gas
1
Storage Act 2006
2
4 Section 7 (definition of Regulatory Powers Act)
3
Omit "Regulatory Powers (Standard Provisions) Act 2013", substitute
4
"Regulatory Powers (Standard Provisions) Act 2014".
5
5 Subsection 602C(1) (note 1)
6
Omit "(see section 20 of that Act)".
7
6 Subsection 602C(2) (note)
8
Omit "(see section 20 of that Act)".
9
7 Subsection 602D(1) (note 1)
10
Omit "(see section 50 of that Act)".
11
8 Subsection 602G(2)
12
Omit "section 32 or 64 of the Regulatory Powers Act", substitute
13
"section 31 or 63 of the Regulatory Powers Act".
14
9 Subparagraph 602G(2)(a)(ii)
15
Omit "section 24 or 54 of the Regulatory Powers Act", substitute
16
"section 23 or 53 of the Regulatory Powers Act".
17
10 Subsection 602G(2) (note)
18
Omit "sections 24 and 54 of the Regulatory Powers Act", substitute
19
"sections 23 and 53 of the Regulatory Powers Act".
20
11 At the end of paragraph 611E(1)(i)
21
Add ", in its application to a contravention of subclause 6(2) of that
22
Schedule".
23
12 Subsection 611E(4)
24
Omit "paragraph 108(1)(j) of the Regulatory Powers Act", substitute
25
"paragraph 104(1)(j) of the Regulatory Powers Act".
26
Schedule 1 Regulatory powers amendments
Part 2 Offshore Petroleum and Greenhouse Gas Storage Act 2006
6
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Regulatory Powers and Other Measures) Bill 2014
No. , 2014
13 Subsection 611E(6)
1
Omit "subsection 107(3) of the Regulatory Powers Act", substitute
2
"subsection 103(3) of the Regulatory Powers Act".
3
14 Section 611F
4
Omit "subsection 107(4) of the Regulatory Powers Act, and despite
5
subsection 107(3) of that Act", substitute "subsection 103(4) of the
6
Regulatory Powers Act, and despite subsection 103(3) of that Act".
7
15 Paragraphs 611G(1)(a) and (2)(a)
8
Omit "section 109 of the Regulatory Powers Act", substitute
9
"section 105 of the Regulatory Powers Act".
10
16 Subsection 611J(4)
11
Omit "section 127", substitute "section 121"
12
17 Subsection 780F(8A)(a)
13
Omit "subsection 36(6) or 77(6) of the Regulatory Powers Act",
14
substitute "subsection 35(6) or 76(6) of the Regulatory Powers Act".
15
18 Amendments of listed provisions
--references to
16
section 93 of the Regulatory Powers Act
17
Omit "section 96 of the Regulatory Powers Act" and substitute
18
"section 93 of the Regulatory Powers Act" in the following provisions:
19
(a) subsection 249(6) (note);
20
(b) subsection 284(9) (note);
21
(c) subsection 286A(8C) (note);
22
(d) subsection 507(5C) (note);
23
(e) subsection 508(5C) (note);
24
(f) subsection 509(6C) (note);
25
(g) subsection 576D(7) (note);
26
(h) subsection 587B(5B) (note);
27
(i) subsection 699(5C) (note);
28
(j) subclause 11D(8) of Schedule 2A (note);
29
(k) subclause 78A(5) of Schedule 3 (note).
30
Other measures Schedule 2
Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 1
No. , 2014
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Regulatory Powers and Other Measures) Bill 2014
7
Schedule 2
--Other measures
1
Part 1
--Offshore Petroleum and Greenhouse Gas
2
Storage Act 2006
3
1 Subsection 343(1)
4
Repeal the subsection, substitute:
5
Scope
6
(1) This section applies if:
7
(a) a petroleum retention lease is in force; and
8
(b) one or more identified greenhouse gas storage formations are
9
wholly situated in the lease area.
10
Single identified greenhouse gas storage formation
11
(1A) If:
12
(a) a single identified greenhouse gas storage formation extends
13
to:
14
(i) only one block in the lease area; or
15
(ii) 2 or more blocks in the lease area; and
16
(b) none of the following is in force over the block or blocks to
17
which the identified greenhouse gas storage formation
18
extends:
19
(i) a greenhouse gas injection licence;
20
(ii) a greenhouse gas holding lease;
21
(iii) a greenhouse gas assessment permit;
22
the petroleum retention lessee may apply to the responsible
23
Commonwealth Minister for the grant of a greenhouse gas holding
24
lease over the block or blocks to which the identified greenhouse
25
gas storage formation extends.
26
Multiple identified greenhouse gas storage formations
27
(1B) If:
28
Schedule 2 Other measures
Part 1 Offshore Petroleum and Greenhouse Gas Storage Act 2006
8
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Regulatory Powers and Other Measures) Bill 2014
No. , 2014
(a) 2 or more identified greenhouse gas storage formations, when
1
considered together, extend to only one block in the lease
2
area; and
3
(b) a vertical line would not pass through a point in each of those
4
identified greenhouse gas storage formations; and
5
(c) none of the following is in force over the block to which the
6
identified greenhouse gas storage formations, when
7
considered together, extend:
8
(i) a greenhouse gas injection licence;
9
(ii) a greenhouse gas holding lease;
10
(iii) a greenhouse gas assessment permit;
11
the petroleum retention lessee may apply to the responsible
12
Commonwealth Minister for the grant of a greenhouse gas holding
13
lease over the block to which the identified greenhouse gas storage
14
formations, when considered together, extend.
15
(1C) If:
16
(a) 2 or more identified greenhouse gas storage formations, when
17
considered together, extend to:
18
(i) only one block in the lease area; or
19
(ii) 2 or more blocks in the lease area; and
20
(b) a vertical line would pass through a point in each of those
21
identified greenhouse gas storage formations; and
22
(c) none of the following is in force over the block or blocks to
23
which the identified greenhouse gas storage formations,
24
when considered together, extend:
25
(i) a greenhouse gas injection licence;
26
(ii) a greenhouse gas holding lease;
27
(iii) a greenhouse gas assessment permit;
28
the petroleum retention lessee may apply to the responsible
29
Commonwealth Minister for the grant of a greenhouse gas holding
30
lease over the block or blocks to which the identified greenhouse
31
gas storage formations, when considered together, extend.
32
(1D) If:
33
(a) 2 or more identified greenhouse gas storage formations, when
34
considered together, extend to 2 or more blocks in the lease
35
area; and
36
Other measures Schedule 2
Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 1
No. , 2014
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Regulatory Powers and Other Measures) Bill 2014
9
(b) a vertical line would not pass through a point in each of those
1
identified greenhouse gas storage formations; and
2
(c) for each identified greenhouse gas storage formation, at least
3
one of the blocks to which the identified greenhouse gas
4
storage formation extends immediately adjoins a block to
5
which the other, or another, of those identified greenhouse
6
gas storage formations extends; and
7
(d) none of the following is in force over the blocks to which the
8
identified greenhouse gas storage formations, when
9
considered together, extend:
10
(i) a greenhouse gas injection licence;
11
(ii) a greenhouse gas holding lease;
12
(iii) a greenhouse gas assessment permit;
13
the petroleum retention lessee may apply to the responsible
14
Commonwealth Minister for the grant of a greenhouse gas holding
15
lease over the blocks to which the identified greenhouse gas
16
storage formations, when considered together, extend.
17
(1E) For the purposes of subsection (1D), a block immediately adjoins
18
another block if the graticular section that constitutes or includes
19
that block and the graticular section that constitutes or includes that
20
other block:
21
(a) have a side in common; or
22
(b) are joined together at one point only.
23
Application
24
2 Paragraph 474(d)
25
Repeal the paragraph, substitute:
26
(d) in any case--a copy of the instrument referred to in
27
paragraph (a).
28
3 Paragraphs 489(4A)(a) and 499(4A)(a)
29
Repeal the paragraphs.
30
4 Section 649 (heading)
31
Repeal the heading, substitute:
32
Schedule 2 Other measures
Part 1 Offshore Petroleum and Greenhouse Gas Storage Act 2006
10
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Regulatory Powers and Other Measures) Bill 2014
No. , 2014
649 Functions and powers of NOPSEMA under State or Territory
1
PSLA or other laws
2
5 Section 649
3
Before "For", insert "(1)".
4
6 Subsection 649(2)
5
Omit "the Safety Authority" (wherever occurring), substitute
6
"NOPSEMA".
7
7 Subsection 695M(1)
8
Omit "in relation to a year of the term of", substitute "for a year on any
9
of the following permits, leases or licences (each of which is a title)".
10
8 Paragraph 695M(1)(a)
11
Omit "or".
12
9 Paragraph 695M(1)(aa)
13
Omit "and".
14
10 Paragraphs 695M(1)(b) to (h)
15
Omit "or".
16
11 Subsections 695M(2) and (3)
17
Repeal the subsections, substitute:
18
When annual titles administration levy becomes due and payable
19
(2) Annual titles administration levy is due and payable at the end of
20
30 days after the first day of the year for which the levy is
21
imposed.
22
Remittal or refund
23
(3) The regulations may make provision for the remittal or refund of
24
part (or all) of an amount of annual titles administration levy
25
imposed on the title for a year if the title wholly or partly ceases (or
26
will cease) to be in force before the end of the year.
27
Other measures Schedule 2
Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 1
No. , 2014
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Regulatory Powers and Other Measures) Bill 2014
11
Example: A petroleum exploration permit has been granted for a period of 6
1
years ending on 31 March 2015. The permit is extended under
2
section 265 for a period of 6 months ending on 30 September 2015,
3
after which it ceases to be in force. Annual titles administration levy is
4
imposed under the Regulatory Levies Act for the year beginning on
5
1 April 2015.
6
Because the permit ceases to be in force before the end of the year
7
beginning on 1 April 2015, the regulations may make provision for the
8
remittal or refund of part (or all) of the amount of the levy imposed for
9
that year.
10
(3A) Regulations made for the purposes of subsection (3) may provide
11
for different amounts to be remitted or refunded depending on
12
matters including the following:
13
(a) when the title ceases (or will cease) to be in force;
14
(b) the kind of title on which levy is imposed;
15
(c) in the case of a title that partly ceases (or will cease) to be in
16
force--the number of blocks, or the length of pipeline, as to
17
which the title ceases (or will cease) to be in force.
18
Example: For paragraph (c), a title partly ceases to be in force if it is surrendered
19
as to a certain number of blocks or a certain length of pipeline under
20
section 271.
21
Schedule 2 Other measures
Part 2 Application of amendments
12
Offshore Petroleum and Greenhouse Gas Storage Amendment
(Regulatory Powers and Other Measures) Bill 2014
No. , 2014
Part 2
--Application of amendments
1
12 Application
--definition
2
In this Part:
3
Offshore Act means the Offshore Petroleum and Greenhouse Gas
4
Storage Act 2006.
5
13 Application
--greenhouse gas holding leases applied for
6
by petroleum retention lessees
7
The amendment of section 343 of the Offshore Act made by Part 1 of
8
this Schedule applies in relation to an application for a greenhouse gas
9
holding lease that is made by a petroleum retention lessee on or after the
10
commencement of the amendment.
11
14 Application
--annual titles administration levy
12
The amendments of section 695M of the Offshore Act made by Part 1
13
of this Schedule apply in relation to annual titles administration levy
14
imposed by the Offshore Petroleum and Greenhouse Gas Storage
15
(Regulatory Levies) Act 2003 on a title for a year that begins on or after
16
the commencement of those amendments.
17