OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE AMENDMENT (NATIONAL REGULATOR) BILL 2011

i Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Schedule(s)

........................................................................................

Schedule 1--Amendments relating to payments to the States

and the Northern Territory

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Schedule 2--General amendments

Part 1--General amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Part 2--Amendments relating to registration fees

122

Offshore Petroleum and Greenhouse Gas Storage Act 2006

122

Part 3--Transitional provisions commencing on Royal Assent

124

Part 4--Transitional provisions commencing on Proclamation

128

Schedule 3--Amendments relating to annual fees

135

Part 1--Repeal of the Offshore Petroleum and Greenhouse Gas

Storage (Annual Fees) Act 2006

135

Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act

2006

135

Part 2--Consequential amendments

136

Offshore Petroleum and Greenhouse Gas Storage Act 2006

136

Part 3--Application and transitional provisions

138

Schedule 4--Amendments relating to registration fees

139

Part 1--Repeal of the Offshore Petroleum and Greenhouse Gas

Storage (Registration Fees) Act 2006

139

Offshore Petroleum and Greenhouse Gas Storage (Registration Fees)

Act 2006

139

Part 2--Consequential amendments

140

Offshore Petroleum and Greenhouse Gas Storage Act 2006

140

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 1

A Bill for an Act to amend the Offshore Petroleum

and Greenhouse Gas Storage Act 2006, and for other

purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Offshore Petroleum and Greenhouse

Gas Storage Amendment (National Regulator) Act 2011.

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 (National Regulator) Bill

2011 No. , 2011

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

The later of:

(a) 1 July 2011; and

(b) the first day of the month next following

the month in which this Act receives the

Royal Assent.

3. Schedule 2,

Parts 1 and 2

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence within the period of 12 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

4. Schedule 2,

Part 3

The day this Act receives the Royal Assent.

5. Schedule 2,

Part 4

At the same time as the provision(s) covered

by table item 3.

6. Schedule 3

At the same time as the provision(s) covered

by table item 3.

7. Schedule 4

The later of:

(a) the day after the end of the period of 24

months beginning at the commencement

of Schedule 1 to this Act; and

(b) the 15th day of the month next following

the month in which the total of the

amounts received by the

Commonwealth:

(i) under the Offshore Petroleum and

Greenhouse Gas Storage

(Registration Fees) Act 2006; and

(ii) after the commencement of

Schedule 1 to this Act;

reaches:

(iii) $30.6 million; or

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 3

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

(iv) if the Minister, by notice in the

Gazette, specifies a lesser

amount--that lesser amount.

The Minister must not specify an amount

unless, in the Minister's opinion, the amount

represents the total amount of costs and

expenses incurred by:

(a) the Commonwealth, the National

Offshore Petroleum Safety Authority,

and the National Offshore Petroleum

Safety and Environmental Management

Authority, in connection with the

expansion of the functions of the

National Offshore Petroleum Safety and

Environmental Management Authority;

and

(b) the Commonwealth in connection with

the establishment of the National

Offshore Petroleum Titles Administrator;

before the end of the 6-month period that

began at the commencement of Part 1 of

Schedule 2 to this Act.

The Minister must announce by notice in the

Gazette the day the provision(s)

commenced.

A notice under this table item is not a

legislative instrument.

8. Schedule 5

At the same time as item 8 of Schedule 1 to

the Offshore Petroleum and Greenhouse

Gas Storage Legislation Amendment Act

2009 commenced.

9 October 2009

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.

Amendments relating to payments to the States and the Northern Territory Schedule 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 5

Schedule 1--Amendments relating to

payments to the States and the

Northern Territory

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Subparagraph 76(1)(a)(ii)

Omit "or".

2 Subparagraph 76(1)(a)(iii)

Repeal the subparagraph.

3 Application of amendments

The amendments made by this Schedule apply to an amount received by

the Commonwealth after the commencement of this item.

Schedule 2 General amendments

Part 1 General amendments

6 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

Schedule 2--General amendments

Part 1--General amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Section 4

Omit:

�

Generally, the administration of this Act in relation to an

offshore area of a State is divided between:

(a)

the Joint Authority for the State (the Joint

Authority is constituted by the responsible State

Minister and the responsible Commonwealth

Minister); and

(b)

the Designated Authority for the State (the

Designated Authority is the responsible State

Minister).

�

Generally, the administration of this Act in relation to the

Principal Northern Territory offshore area is divided between:

(a)

the Joint Authority for that area (the Joint

Authority is constituted by the responsible

Northern Territory Minister and the responsible

Commonwealth Minister); and

(b)

the Designated Authority for that area (the

Designated Authority is the responsible Northern

Territory Minister).

�

The responsible Commonwealth Minister is responsible for

the administration of greenhouse gas injection and storage

provisions.

�

The National Offshore Petroleum Safety Authority is

responsible for the administration of occupational health and

safety provisions.

General amendments Schedule 2

General amendments Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 7

substitute:

�

Generally, the administration of this Act in relation to an

offshore area of a State is the responsibility of the Joint

Authority for the State (the Joint Authority is constituted by

the responsible State Minister and the responsible

Commonwealth Minister).

�

Generally, the administration of this Act in relation to the

Principal Northern Territory offshore area is the responsibility

of the Joint Authority for that area (the Joint Authority is

constituted by the responsible Northern Territory Minister and

the responsible Commonwealth Minister).

�

The responsible Commonwealth Minister is responsible for

the administration of greenhouse gas injection and storage

provisions.

�

The National Offshore Petroleum Safety and Environmental

Management Authority is responsible for the administration

of:

(a)

occupational health and safety provisions; and

(b)

structural integrity provisions; and

(c)

environmental management provisions.

�

The National Offshore Petroleum Titles Administrator is

responsible for:

(a)

assisting and advising the Joint Authority and the

responsible Commonwealth Minister; and

(b)

keeping registers of titles; and

(c)

data and information management.

2 Section 7 (subparagraphs (a)(ii) and (iii) of the definition of

approved)

Repeal the subparagraphs.

Schedule 2 General amendments

Part 1 General amendments

8 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

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

Omit "Designated Authority", substitute "Titles Administrator".

4 Section 7 (definition of approved)

Omit "to the expression approved site plan.", substitute:

to:

(c)

the

expression

approved site plan; or

(d) section 286A; or

(e) section 650; or

(f) subsection 695B(3); or

(g) section 695F; or

(h)

section

774.

5 Section 7

Insert:

constitutional corporation means a corporation to which

paragraph 51(xx) of the Constitution applies.

6 Section 7 (definition of Designated Authority)

Repeal the definition, substitute:

Designated Authority:

(a) means a person who, at any time before the commencement

of Part 6.10, was a Designated Authority (within the meaning

of this Act); and

(b) when used in the expression the Designated Authority,

means a person who, at any time before the commencement

of Part 6.10, was the Designated Authority (within the

meaning of this Act) for the offshore area concerned.

7 Section 7 (definition of non-OHS structural integrity)

Repeal the definition.

8 Section 7 (definition of non-OHS structural integrity law)

Repeal the definition.

9 Section 7

Insert:

General amendments Schedule 2

General amendments Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 9

NOPSEMA means the National Offshore Petroleum Safety and

Environmental Management Authority.

10 Section 7 (definition of referable title)

Repeal the definition.

11 Section 7

Insert:

Regulatory Levies Act means the Offshore Petroleum and

Greenhouse Gas Storage (Regulatory Levies) Act 2003.

12 Section 7 (paragraph (a) of the definition of responsible

Northern Territory Minister)

Omit "to perform the functions of a Designated Authority", substitute

"to perform the functions, and exercise the powers, of a member of the

Joint Authority for the Northern Territory".

13 Section 7 (paragraph (a) of the definition of responsible

State Minister)

Omit "to perform the functions of a Designated Authority", substitute

"to perform the functions, and exercise the powers, of a member of the

Joint Authority for the State".

14 Section 7 (definition of Safety Authority)

Repeal the definition.

15 Section 7

Insert:

Secretary means the Secretary of the Department.

16 Section 7 (paragraph (e) of the definition of structural

integrity)

Repeal the paragraph, substitute:

(e)

mechanical

integrity;

(f)

systems

integrity;

in connection with:

(g) the containment of:

Schedule 2 General amendments

Part 1 General amendments

10 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

(i)

petroleum;

(ii) a greenhouse gas substance; or

(iii) any other substance; or

(h) the health and safety of persons engaged in:

(i) offshore petroleum operations (within the meaning of

Part 6.9); or

(ii) offshore greenhouse gas operations (within the meaning

of Part 6.9).

For the purposes of paragraph (f), systems integrity includes the

integrity of the following:

(i)

electrical

systems;

(j)

electronic

systems;

(k)

hydraulic

systems;

(l)

chemical

systems;

(m) dynamic positioning systems;

(n)

other

systems.

17 Section 7 (definition of structural integrity law)

Omit "the regulations to the extent to which they", insert "the

provisions of this Act or the regulations to the extent to which the

provisions".

18 Section 7 (paragraph (d) of the definition of title)

Repeal the paragraph.

19 Section 7 (after paragraph (h) of the definition of title)

Insert:

(ha) when use in section 574A--has the meaning given by

subsection 574A(1); or

20 Section 7 (at the end of the definition of title area)

Add:

; or (d) when used in section 586A--has the meaning given by

subsection 586A(7).

21 Section 7

Insert:

General amendments Schedule 2

General amendments Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 11

Titles Administrator means the National Offshore Petroleum Titles

Administrator.

22 Subsection 16(1)

Omit "Designated Authority", substitute "Titles Administrator".

23 Section 30

Omit all the words after "responsible Commonwealth" (second

occurring), substitute "Minister in his or her capacity as, or as a member

of, the Joint Authority for an offshore area.".

24 Subsection 44(1) (heading to table column headed "The

Designated Authority may issue an instrument

varying...")

Omit "Designated Authority", substitute "Titles Administrator".

25 Subsection 45(1)

Omit "Designated Authority", substitute "Titles Administrator".

26 Part 1.3 (heading)

Repeal the heading, substitute:

Part 1.3--Joint Authorities

27 Subsection 61(1)

Omit "Designated Authority", substitute "Titles Administrator".

28 Subsection 61(1)

Omit "the Joint Authority for a State or the Northern Territory",

substitute "a Joint Authority".

29 Subsection 61(2)

After "subsection (1)", insert "in relation to the Joint Authority for a

State or the Northern Territory".

30 After subsection 61(2)

Insert:

Schedule 2 General amendments

Part 1 General amendments

12 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

(2A) A record kept under subsection (1) in relation to the Joint

Authority for:

(a) the Eastern Greater Sunrise Offshore area; or

(b)

external

Territory;

is prima facie evidence that the decision was duly made as

recorded if the record is signed by a person who was the Joint

Authority at the time when the decision was made.

31 Subsection 62(1)

Omit "Designated Authority", substitute "Titles Administrator".

32 Subsection 62(1)

Omit "the Joint Authority for a State or the Northern Territory",

substitute "a Joint Authority".

33 Section 63

Omit "the Joint Authority for a State or the Northern Territory",

substitute "a Joint Authority".

34 Section 63

Omit "Designated Authority", substitute "Titles Administrator".

35 Subsection 65(1)

Omit "Joint Authority for a State or the Northern Territory", substitute

"Joint Authority".

36 Section 65

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

37 Division 2 of Part 1.3

Repeal the Division.

38 Sections 76 and 77

Repeal the sections.

39 Paragraph 103(1)(b)

Omit "Designated Authority", substitute "Titles Administrator".

General amendments Schedule 2

General amendments Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 13

40 Subsection 104(3) (note 3)

Omit "Designated Authority", substitute "Titles Administrator".

41 Subsection 110(6) (note 3)

Omit "Designated Authority", substitute "Titles Administrator".

42 Subsection 115(4) (note 3)

Omit "Designated Authority", substitute "Titles Administrator".

43 Section 119

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

44 Subsection 136(5)

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

45 Subsection 136(6)

Omit "The Designated Authority", substitute "The Titles

Administrator".

46 Subsection 136(7)

Omit "Designated Authority", substitute "Titles Administrator".

47 Paragraph 140(1)(b)

Omit "Designated Authority", substitute "Titles Administrator".

48 Subsection 141(1)

Omit "Designated Authority", substitute "Titles Administrator".

49 Subsection 141(2) (note 3)

Omit "Designated Authority", substitute "Titles Administrator".

50 Paragraph 141(3)(b)

Omit "Designated Authority", substitute "Titles Administrator".

51 Subsection 141(4)

Schedule 2 General amendments

Part 1 General amendments

14 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

Omit "The Designated Authority", substitute "The Titles

Administrator".

52 After section 143

Insert:

143A Time limit for making decision about grant of petroleum

retention lease

(1) The Joint Authority must make a decision under section 142 or

143, in relation to an application under section 141, within the

period that:

(a) begins when the application was made; and

(b)

runs

for:

(i) if a written agreement between the applicant and the

Joint Authority in relation to the application specifies a

number of days for the purposes of this subparagraph--

that number of days; or

(ii) if no such agreement is in force--the prescribed number

of days.

(2) If the Titles Administrator, by written notice under subsection

258(2), requires the applicant to give further information in

connection with the application, the period referred to in

subsection (1) of this section is extended by one day for each day

during the period:

(a) beginning on the day on which the notice is given; and

(b) ending when the applicant gives the Titles Administrator the

information.

(3) The Joint Authority is not required to comply with subsection (1)

unless a number of days is prescribed for the purposes of

subparagraph (1)(b)(ii).

(4) The applicant and the Joint Authority may vary or terminate an

agreement referred to in subparagraph (1)(b)(i).

(5) A failure to comply with subsection (1) in relation to a decision

does not affect the validity of the decision.

Note:

See also sections 286B and 286C.

General amendments Schedule 2

General amendments Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 15

53 Subsection 147(1)

Omit "Designated Authority", substitute "Titles Administrator".

54 Subsection 147(2) (note 3)

Omit "Designated Authority", substitute "Titles Administrator".

55 After section 149

Insert:

149A Time limit for making decision about grant of petroleum

retention lease

(1) The Joint Authority must make a decision under section 148 or

149, in relation to an application under section 147, within the

period that:

(a) begins when the application was made; and

(b)

runs

for:

(i) if a written agreement between the applicant and the

Joint Authority in relation to the application specifies a

number of days for the purposes of this subparagraph--

that number of days; or

(ii) if no such agreement is in force--the prescribed number

of days.

(2) If the Titles Administrator, by written notice under subsection

258(2), requires the applicant to give further information in

connection with the application, the period referred to in

subsection (1) of this section is extended by one day for each day

during the period:

(a) beginning on the day on which the notice is given; and

(b) ending when the applicant gives the Titles Administrator the

information.

(3) The Joint Authority is not required to comply with subsection (1)

unless a number of days is prescribed for the purposes of

subparagraph (1)(b)(ii).

(4) The applicant and the Joint Authority may vary or terminate an

agreement referred to in subparagraph (1)(b)(i).

Schedule 2 General amendments

Part 1 General amendments

16 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

(5) A failure to comply with subsection (1) in relation to a decision

does not affect the validity of the decision.

Note:

See also sections 286B and 286C.

56 Subsections 153(1) and (3)

Omit "Designated Authority", substitute "Titles Administrator".

57 Subsection 153(4) (note 3)

Omit "Designated Authority", substitute "Titles Administrator".

58 After section 155

Insert:

155A Time limit for making decision about renewal of petroleum

retention lease

(1) The Joint Authority must make a decision under section 154 or

155, in relation to an application under section 153, within the

period that:

(a) begins when the application was made; and

(b)

runs

for:

(i) if a written agreement between the applicant and the

Joint Authority in relation to the application specifies a

number of days for the purposes of this subparagraph--

that number of days; or

(ii) if no such agreement is in force--the prescribed number

of days.

(2) If the Titles Administrator, by written notice under subsection

258(2), requires the applicant to give further information in

connection with the application, the period referred to in

subsection (1) of this section is extended by one day for each day

during the period:

(a) beginning on the day on which the notice is given; and

(b) ending when the applicant gives the Titles Administrator the

information.

(3) The Joint Authority is not required to comply with subsection (1)

unless a number of days is prescribed for the purposes of

subparagraph (1)(b)(ii).

General amendments Schedule 2

General amendments Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 17

(4) The applicant and the Joint Authority may vary or terminate an

agreement referred to in subparagraph (1)(b)(i).

(5) A failure to comply with subsection (1) in relation to a decision

does not affect the validity of the decision.

Note:

See also sections 286B and 286C.

59 Paragraph 157(1)(b)

Omit "Designated Authority", substitute "Titles Administrator".

60 Subsection 157(2) (note)

Omit "Designated Authority", substitute "Titles Administrator".

61 Subsection 166(2) (at the end of the note)

Add "or 587A".

62 Subsection 166(6) (note)

Omit "Designated Authority", substitute "Titles Administrator".

63 Subsections 168(2) and (3)

Omit "Designated Authority", substitute "Titles Administrator".

64 Subsection 168(7) (note 3)

Omit "Designated Authority", substitute "Titles Administrator".

65 Subsections 169(1) and (2)

Omit "Designated Authority", substitute "Titles Administrator".

66 Subsection 170(2)

Omit "Designated Authority", substitute "Titles Administrator".

67 Subsection 170(4) (note 3)

Omit "Designated Authority", substitute "Titles Administrator".

68 After section 173

Insert:

Schedule 2 General amendments

Part 1 General amendments

18 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

173A Time limit for making decision about grant of petroleum

production licence

Scope

(1) This section applies if an application for the grant of a petroleum

production licence (other than a Greater Sunrise unit reservoir

petroleum production licence) has been made under section 168 or

170.

Note 1:

Section 168 deals with applications by permittees.

Note 2:

Section 170 deals with applications by lessees.

Time limit

(2) The Joint Authority must make a decision under section 171 or

173, in relation to the application, within the period that:

(a) begins when the application was made; and

(b)

runs

for:

(i) if a written agreement between the applicant and the

Joint Authority in relation to the application specifies a

number of days for the purposes of this subparagraph--

that number of days; or

(ii) if no such agreement is in force--the prescribed number

of days.

(3)

If:

(a) section 174 applies in relation to the application; and

(b) the Joint Authority defers taking any action in relation to the

application in accordance with that section;

the period referred to in subsection (2) of this section is extended

by one day for each day during which the deferral continues.

(4) If the Titles Administrator, by written notice under subsection

258(2), requires the applicant to give further information in

connection with the application, the period referred to in

subsection (2) of this section is extended by one day for each day

during the period:

(a) beginning on the day on which the notice is given; and

(b) ending when the applicant gives the Titles Administrator the

information.

General amendments Schedule 2

General amendments Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 19

(5) The Joint Authority is not required to comply with subsection (2)

unless a number of days is prescribed for the purposes of

subparagraph (2)(b)(ii).

(6) The applicant and the Joint Authority may vary or terminate an

agreement referred to in subparagraph (2)(b)(i).

(7) A failure to comply with subsection (2) in relation to a decision

does not affect the validity of the decision.

Note:

See also sections 286B and 286C.

69 Subsection 178(3) (note 3)

Omit "Designated Authority", substitute "Titles Administrator".

70 At the end of section 183

Add:

Time limit for making decision

(8) The Joint Authority must make a decision under subsection (2)

within the period that:

(a) begins when the application was made; and

(b)

runs

for:

(i) if a written agreement between the applicant and the

Joint Authority in relation to the application specifies a

number of days for the purposes of this subparagraph--

that number of days; or

(ii) if no such agreement is in force--the prescribed number

of days.

(9) The Joint Authority is not required to comply with subsection (8)

unless a number of days is prescribed for the purposes of

subparagraph (8)(b)(ii).

(10) The applicant and the Joint Authority may vary or terminate an

agreement referred to in subparagraph (8)(b)(i).

(11) A failure to comply with subsection (8) in relation to a decision

does not affect the validity of the decision.

Note:

See also sections 286B and 286C.

71 Subsections 184(2) and (4)

Schedule 2 General amendments

Part 1 General amendments

20 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

Omit "Designated Authority", substitute "Titles Administrator".

72 After section 186

Insert:

186A Time limit for making decision about renewal of fixed-term

petroleum production licence

(1) The Joint Authority must make a decision under section 185 or

186, in relation to an application under section 184, within the

period that:

(a) begins when the application was made; and

(b)

runs

for:

(i) if a written agreement between the applicant and the

Joint Authority in relation to the application specifies a

number of days for the purposes of this subparagraph--

that number of days; or

(ii) if no such agreement is in force--the prescribed number

of days.

(2) The Joint Authority is not required to comply with subsection (1)

unless a number of days is prescribed for the purposes of

subparagraph (1)(b)(ii).

(3) The applicant and the Joint Authority may vary or terminate an

agreement referred to in subparagraph (1)(b)(i).

(4) A failure to comply with subsection (1) in relation to a decision

does not affect the validity of the decision.

Note:

See also sections 286B and 286C.

73 Subparagraph 191(4)(b)(i)

Omit "Designated Authority", substitute "Titles Administrator".

74 Subsection 191(8)

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

75 Subsection 191(11)

Repeal the subsection, substitute:

General amendments Schedule 2

General amendments Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 21

Consultation

(11) If a petroleum pool extends, or is reasonably believed by the Titles

Administrator to extend, from the offshore area in respect of a

State or Territory into lands to which:

(a) the laws of that State or Territory relating to exploiting

petroleum resources apply; or

(b) the laws of another State or Territory relating to exploiting

petroleum resources apply;

the Titles Administrator must consult about exploiting the

petroleum pool with the appropriate authority of a State or

Territory referred to in paragraph (a) or (b).

Note: The

offshore area of a State or Territory is defined by section 8.

76 Subsection 197(2) (at the end of the note)

Add "or 587A".

77 Subsection 197(6) (note)

Omit "Designated Authority", substitute "Titles Administrator".

78 Subsection 198(1)

Omit "Designated Authority", substitute "Titles Administrator".

79 Subsection 198(2) (note 3)

Omit "Designated Authority", substitute "Titles Administrator".

80 After section 200

Insert:

200A Time limit for making decision about grant of infrastructure

licence

(1) The Joint Authority must make a decision under section 199 or

200, in relation to an application under section 198, within the

period that:

(a) begins when the application was made; and

(b)

runs

for:

(i) if a written agreement between the applicant and the

Joint Authority in relation to the application specifies a

Schedule 2 General amendments

Part 1 General amendments

22 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

number of days for the purposes of this subparagraph--

that number of days; or

(ii) if no such agreement is in force--the prescribed number

of days.

(2) If the Titles Administrator, by written notice under subsection

258(2), requires the applicant to give further information in

connection with the application, the period referred to in

subsection (1) of this section is extended by one day for each day

during the period:

(a) beginning on the day on which the notice is given; and

(b) ending when the applicant gives the Titles Administrator the

information.

(3) The Joint Authority is not required to comply with subsection (1)

unless a number of days is prescribed for the purposes of

subparagraph (1)(b)(ii).

(4) The applicant and the Joint Authority may vary or terminate an

agreement referred to in subparagraph (1)(b)(i).

(5) A failure to comply with subsection (1) in relation to a decision

does not affect the validity of the decision.

Note:

See also sections 286B and 286C.

81 Subsection 202(3) (note)

Omit "Designated Authority", substitute "Titles Administrator".

82 Subsection 203(3) (note)

Omit "Designated Authority", substitute "Titles Administrator".

83 Subsection 204(1)

Omit "Designated Authority", substitute "Titles Administrator".

84 Subsection 204(2) (note 3)

Omit "Designated Authority", substitute "Titles Administrator".

85 At the end of section 205

Add:

General amendments Schedule 2

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Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 23

Time limit for making decision

(3) The Joint Authority must make a decision under subsection (1)

within the period that:

(a) begins when the application was made; and

(b)

runs

for:

(i) if a written agreement between the applicant and the

Joint Authority in relation to the application specifies a

number of days for the purposes of this subparagraph--

that number of days; or

(ii) if no such agreement is in force--the prescribed number

of days.

(4) If the Titles Administrator, by written notice under subsection

258(2), requires the applicant to give further information in

connection with the application, the period referred to in

subsection (3) of this section is extended by one day for each day

during the period:

(a) beginning on the day on which the notice is given; and

(b) ending when the applicant gives the Titles Administrator the

information.

(5) The Joint Authority is not required to comply with subsection (3)

unless a number of days is prescribed for the purposes of

subparagraph (3)(b)(ii).

(6) The applicant and the Joint Authority may vary or terminate an

agreement referred to in subparagraph (3)(b)(i).

(7) A failure to comply with subsection (3) in relation to a decision

does not affect the validity of the decision.

Note:

See also sections 286B and 286C.

86 Subsection 206(3) (note)

Omit "Designated Authority", substitute "Titles Administrator".

87 Subsection 207(3) (note)

Omit "Designated Authority", substitute "Titles Administrator".

88 Paragraph 210(7)(c)

Schedule 2 General amendments

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24 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

Omit "the Designated Authority", substitute "NOPSEMA and the Titles

Administrator".

89 Paragraph 210(7)(d)

Omit "the Designated Authority", substitute "NOPSEMA or the

responsible Commonwealth Minister".

90 Subsection 215(2) (at the end of the note)

Add "or 587A".

91 Subsection 215(7) (note)

Omit "Designated Authority", substitute "Titles Administrator".

92 Subsection 216(2)

Omit "Designated Authority", substitute "responsible Commonwealth

Minister".

Note:

The heading to subsection 216(2) is altered by omitting "Designated Authority" and

substituting "responsible Commonwealth Minister".

93 Paragraph 216(4)(b)

Omit "Designated Authority", substitute "Titles Administrator".

Note:

The heading to subsection 216(4) is altered by omitting "Designated Authority" and

substituting "Responsible Commonwealth Minister".

94 Subsection 216(4)

Omit "Designated Authority" (second occurring), substitute

"responsible Commonwealth Minister".

95 Subsection 216(5)

Omit "Designated Authority", substitute "Titles Administrator".

96 Subsection 216(6)

Omit "Designated Authority", substitute "responsible Commonwealth

Minister".

97 Subsection 217(1)

Omit "Designated Authority", substitute "Titles Administrator".

98 Subsection 217(3) (note 3)

General amendments Schedule 2

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Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 25

Omit "Designated Authority", substitute "Titles Administrator".

99 Section 218

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

100 Subsection 226(1)

Omit "Designated Authority", substitute "Titles Administrator".

101 Subsection 226(2) (note 3)

Omit "Designated Authority", substitute "Titles Administrator".

102 Subsections 226(3) and (4)

Omit "Designated Authority", substitute "Titles Administrator".

103 At the end of section 226

Add:

Time limit for making decision

(6) The Joint Authority must make a decision under subsection (4)

within the period that:

(a) begins when the period referred to in subsection (3) ends; and

(b)

runs

for:

(i) if a written agreement between the applicant and the

Joint Authority in relation to the application specifies a

number of days for the purposes of this subparagraph--

that number of days; or

(ii) if no such agreement is in force--the prescribed number

of days.

(7) If the Titles Administrator, by written notice under subsection

258(2), requires the applicant to give further information in

connection with the application, the period referred to in

subsection (6) of this section is extended by one day for each day

during the period:

(a) beginning on the day on which the notice is given; and

(b) ending when the applicant gives the Titles Administrator the

information.

Schedule 2 General amendments

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26 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

(8) The Joint Authority is not required to comply with subsection (6)

unless a number of days is prescribed for the purposes of

subparagraph (6)(b)(ii).

(9) The applicant and the Joint Authority may vary or terminate an

agreement referred to in subparagraph (6)(b)(i).

(10) A failure to comply with subsection (6) in relation to a decision

does not affect the validity of the decision.

Note:

See also sections 286B and 286C.

104 Subsection 231(1)

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

105 Subsection 234(1)

Omit "Designated Authority", substitute "Titles Administrator".

106 Section 235

Omit "Designated Authority", substitute "Titles Administrator".

107 Subsections 236(2) and (3)

Omit "Designated Authority", substitute "Titles Administrator".

108 Subsection 237(3)

Omit "Designated Authority", substitute "Titles Administrator".

109 Subsection 240(1)

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

110 Subsection 241(2)

Omit "Designated Authority", substitute "Titles Administrator".

111 Subsection 242(1) (table)

Omit "the Designated Authority for that offshore area" (wherever

occurring), substitute "the Titles Administrator".

112 Subsection 243(1)

General amendments Schedule 2

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Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 27

Omit "(1)".

113 Subsection 243(1)

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

114 Subsection 243(2)

Repeal the subsection.

115 Subsection 244(2)

Omit "Designated Authority" (first occurring), substitute "Titles

Administrator".

116 Paragraph 244(2)(a)

Omit "Designated Authority's", substitute "Titles Administrator's".

117 Paragraph 244(2)(b)

Omit "Designated Authority", substitute "Titles Administrator".

118 Subsections 244(3) and (4)

Omit "Designated Authority", substitute "Titles Administrator".

119 Subsection 245(2)

Omit "Designated Authority for the adjoining offshore area", substitute

"Titles Administrator".

120 Paragraph 245(2)(a)

Omit "Designated Authority's", substitute "Titles Administrator's".

121 Paragraph 245(2)(b)

Omit "Designated Authority", substitute "Titles Administrator".

122 Subsections 245(3) and (4)

Omit "Designated Authority", substitute "Titles Administrator".

123 Subsection 246(1)

Omit "(1)".

124 Subsection 246(1)

Schedule 2 General amendments

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28 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

Omit "Designated Authority", substitute "Titles Administrator".

125 Subsection 246(2)

Repeal the subsection.

126 Paragraph 247(1)(b)

Omit "Designated Authority", substitute "Titles Administrator".

127 Subsection 247(2)

Omit "Designated Authority" (first occurring), substitute "Titles

Administrator".

128 Paragraph 247(2)(a)

Omit "Designated Authority's", substitute "Titles Administrator's".

129 Subparagraph 247(2)(b)(ii)

Omit "Designated Authority", substitute "Titles Administrator".

130 Subsections 247(3) and (4)

Omit "Designated Authority", substitute "Titles Administrator".

131 Paragraph 248(1)(b)

Omit "Designated Authority", substitute "Titles Administrator".

132 Subsection 248(2)

Omit "Designated Authority for the adjoining offshore area", substitute

"Titles Administrator".

133 Paragraph 248(2)(a)

Omit "Designated Authority's", substitute "Titles Administrator's".

134 Subparagraph 248(2)(b)(ii)

Omit "Designated Authority", substitute "Titles Administrator".

135 Subsections 248(3) and (4)

Omit "Designated Authority", substitute "Titles Administrator".

136 Section 250

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No. , 2011 29

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

137 Section 258

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

Note:

The heading to section 258 is altered by omitting "Designated Authority" and

substituting "Titles Administrator".

138 Subsection 260(1) (heading to table column 3)

Omit "Designated Authority", substitute "Titles Administrator".

139 Subsection 260(1) (table items 1, 3, 5, 7, 9 and 10)

Omit "Designated Authority", substitute "Titles Administrator".

140 Subsections 260(2) and (3)

Omit "Designated Authority", substitute "Titles Administrator".

141 Subsection 262(3) (note)

Omit "Designated Authority", substitute "Titles Administrator".

142 Subsection 264(1) (table item 1)

Omit "Designated Authority", substitute "Titles Administrator".

143 Subsection 264(1) (table item 2)

Omit "the Designated Authority or the Joint Authority", substitute "the

Joint Authority, the responsible Commonwealth Minister, the Titles

Administrator or NOPSEMA".

144 Subsection 268(1) (table)

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

145 Subsection 268(1) (table item 4)

Before "gives", insert "or NOPSEMA".

146 Subsection 268(2)

Omit "Designated Authority", substitute "Titles Administrator".

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30 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

147 Subsection 269(1) (heading to column headed "may

apply to the Designated Authority for consent to

surrender...")

Omit "Designated Authority", substitute "Titles Administrator".

148 Section 270

Omit "The Designated Authority" (wherever occurring), substitute "The

Joint Authority".

149 Paragraph 270(3)(a)

Omit "Designated Authority", substitute "Titles Administrator".

150 Paragraph 270(3)(c)

Omit "the Designated Authority" (wherever occurring), substitute

"NOPSEMA".

151 Paragraphs 270(3)(d), (e) and (f)

Omit "the Designated Authority", substitute "NOPSEMA".

152 Subsection 270(3)

Omit "Designated Authority" (last occurring), substitute "Joint

Authority".

153 Subsection 270(5)

Omit "Designated Authority" (wherever occurring), substitute "Joint

Authority".

154 Subsection 271(1)

Omit "Designated Authority", substitute "Joint Authority".

155 Subsection 271(2)

Omit "Designated Authority", substitute "Titles Administrator".

156 Sections 272 and 273

Omit "Designated Authority", substitute "Titles Administrator".

157 Paragraph 274(b)

General amendments Schedule 2

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Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 31

Omit "Designated Authority", substitute "responsible Commonwealth

Minister, NOPSEMA".

158 Subsection 276(2) (note)

Omit "Designated Authority", substitute "Titles Administrator".

159 At the end of Division 1 of Part 2.13

Insert:

277A NOPSEMA to notify the Titles Administrator of grounds for

cancellation of title

If NOPSEMA reasonably believes that there is a ground for

cancelling:

(a) a petroleum exploration permit; or

(b) a petroleum retention lease; or

(d) an infrastructure licence; or

(e) a pipeline licence;

NOPSEMA must notify the Titles Administrator of:

(f) the belief; and

(g) the reasons for the belief.

160 Section 278

Omit "Designated Authority", substitute "Titles Administrator".

161 Subsection 281(1)

Omit "the Designated Authority", substitute "NOPSEMA, the Titles

Administrator".

162 Section 282

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

163 Subsection 284(2)

Omit "Designated Authority", substitute "Titles Administrator".

164 At the end of Part 2.14

Schedule 2 General amendments

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32 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

Add:

286A Notification requirements--registered holders of titles

Registered holders as at commencement

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

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

title, the person must:

(a) give the Titles Administrator and NOPSEMA a written

notice, in the approved form, that:

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

petroleum title; and

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

required by the form; and

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

Note: For

contact details, see subsection (9).

Becoming a registered holder

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

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

petroleum title, the person must:

(a) give the Titles Administrator and NOPSEMA a written

notice, in the approved form, that:

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

the petroleum title; and

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

required by the form; and

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

Note: For

contact details, see subsection (9).

Ceasing to be a registered holder otherwise than because of death

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

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

of a petroleum title otherwise than because of the death of the

person, the person must, within 30 days after the cessation, notify

the Titles Administrator and NOPSEMA, in writing, of the

cessation.

General amendments Schedule 2

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Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 33

Death of a registered holder

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

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

petroleum title dies, the person's legal personal representative

must, within 30 days after the death, notify the Titles Administrator

and NOPSEMA, in writing, of the death.

Change of contact details of registered holder

(5)

If:

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

holders, of a petroleum title; and

(b) the person has given a notice under:

(i) subsection (1); or

(ii) subsection (2); or

(iii)

this

subsection;

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

the person must:

(d) give the Titles Administrator and NOPSEMA a written

notice, in the approved form, that:

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

(ii) sets out the changed contact details; and

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

Note: For

contact details, see subsection (9).

Publication of approved form

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

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

Offence

(7) A person commits an offence if:

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

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

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

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34 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

Penalty: 50 penalty units.

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

Note:

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

Definitions

(9) In this section:

approved means approved, in writing, by the Titles Administrator

and the Chief Executive Officer of NOPSEMA.

contact details of a person includes the following:

(a) the person's name;

(b)

the

address

of:

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

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

registered office or a principal office of the body

corporate;

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

(e) the person's email address (if any);

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

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

petroleum title means:

(a) a petroleum exploration permit; or

(b) a petroleum retention lease; or

(d) an infrastructure licence; or

(e) a pipeline licence; or

(f) a petroleum special prospecting authority; or

(g) a petroleum access authority.

286B Publication of prescribed time limits

The Joint Authority must cause to be published on the

Department's website any periods prescribed for the purposes of

any of the following provisions:

(a)

subparagraph

143A(1)(b)(ii);

General amendments Schedule 2

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Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 35

(b)

subparagraph

149A(1)(b)(ii);

(c)

subparagraph

155A(1)(b)(ii);

(d)

subparagraph

173A(2)(b)(ii);

(e)

subparagraph

183(8)(b)(ii);

(f)

subparagraph

186A(1)(b)(ii);

(g)

subparagraph

200A(1)(b)(ii);

(h)

subparagraph

205(3)(b)(ii);

(i)

subparagraph

226(6)(b)(ii).

286C Report about decisions not made within time limits

(1) If a Joint Authority contravenes any of the following provisions on

one or more occasions during a financial year, the Titles

Administrator must, within 60 days after the end of the financial

year, prepare a report describing those contraventions:

(a)

subsection

143A(1);

(b)

subsection

149A(1);

(c)

subsection

155A(1);

(d)

subsection

173A(2);

(e)

subsection

183(8);

(f)

subsection

186A(1);

(g)

subsection

200A(1);

(h)

subsection

205(3);

(i)

subsection

226(6).

(2) As soon as practicable after completing the preparation of the

report, the Titles Administrator must give the report to the

responsible Commonwealth Minister.

(3) The responsible Commonwealth Minister must cause a copy of a

report under subsection (1) to be tabled in each House of the

Parliament within 15 sitting days after receiving the report.

165 Subsection 410(2)

Omit "Designated Authority", substitute "Titles Administrator".

166 Section 453

Omit "the Designated Authority" (wherever occurring), substitute

"NOPSEMA".

Schedule 2 General amendments

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36 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

167 Section 466

Repeal the section, substitute:

466 Simplified outline

The following is a simplified outline of this Chapter:

�

The Titles Administrator must keep a Register, for each

offshore area, of petroleum titles and petroleum special

prospecting authorities that relate to that offshore area.

�

A transfer of a petroleum title must be approved by the Titles

Administrator, and an instrument of transfer must be

registered under this Part.

�

A dealing in a petroleum title must be approved by the Titles

Administrator, and the approval must be entered in the

relevant Register.

168 Section 467 (definition of referable title)

Repeal the definition.

169 Section 467 (definition of Register)

Repeal the definition, substitute:

Register means a Register kept under section 469.

170 Section 467

Insert:

relevant Register:

(a) in relation to a title or a petroleum special prospecting

authority--means the Register for the offshore area to which

the title or petroleum special prospecting authority relates; or

(b) in relation to a notice under subsection 191(5), (6) or (7) that

relates to a petroleum pool that is wholly or partly situated in

an offshore area--means the Register for the offshore area.

171 Section 469

General amendments Schedule 2

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Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 37

Omit "Designated Authority for an offshore area", substitute "Titles

Administrator".

172 Section 469

After "a Register", insert ", for each offshore area,".

173 Subsection 470(1)

Omit "Designated Authority", substitute "Titles Administrator".

174 Subsection 470(1)

Omit "the Register", substitute "the relevant Register".

175 Subsection 470(2) (table item 7, column headed "the

memorial must...")

Omit "Designated Authority", substitute "Titles Administrator".

176 Subsection 470(3)

Omit "Designated Authority must enter in the Register", substitute

"Titles Administrator must enter in the relevant Register".

177 Subsection 470(4)

Omit "Designated Authority", substitute "Titles Administrator".

178 Subsection 470(4)

Omit "the Register", substitute "the relevant Register".

179 Subsection 470(5)

Omit "Designated Authority", substitute "Titles Administrator".

180 Subsection 470(5)

Omit "the Register", substitute "the relevant Register".

181 Section 471

Omit "Designated Authority must enter in the Register", substitute

"Titles Administrator must enter in the relevant Register".

182 Section 471A

Schedule 2 General amendments

Part 1 General amendments

38 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

Omit "Designated Authority may make a notation in the Register",

substitute "Titles Administrator may make a notation in the relevant

183 Paragraph 472(a)

Omit "Designated Authority", substitute "Titles Administrator".

184 Subsection 473(1)

Omit "Designated Authority", substitute "Titles Administrator".

185 Paragraph 474(c)

Repeal the paragraph.

186 Paragraph 474(d)

Omit "if the title is not a referable title", substitute "in any case".

187 Section 475

Repeal the section.

188 Section 476

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

189 Section 477

Omit "Designated Authority" (first occurring), substitute "Titles

Administrator".

190 Paragraphs 477(a) and (b)

Omit "in the Register", substitute "in the relevant Register".

191 Paragraph 477(b)

Omit "Designated Authority", substitute "Titles Administrator".

192 Subsection 478(2)

Omit "Designated Authority", substitute "Titles Administrator".

193 Subsection 478(3)

Repeal the subsection.

General amendments Schedule 2

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Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 39

194 Subsection 478(4)

Omit "Designated Authority", substitute "Titles Administrator".

195 Subsection 478(4)

Omit "Designated Authority's", substitute "Titles Administrator's".

196 Subsection 478(5)

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

197 Subsection 478(5)

Omit "in the Register", substitute "in the relevant Register".

198 Subsections 478(6) to (9)

Repeal the subsections.

199 Subsections 479(1) to (3)

Omit "Designated Authority", substitute "Titles Administrator".

200 Subsections 479(3) and (4)

Omit "in the Register", substitute "in the relevant Register".

201 Subparagraph 479(5)(a)(i)

Omit "Designated Authority", substitute "Titles Administrator".

202 Subsection 482(1)

Omit "Designated Authority to have the person's name entered in the

entered in the relevant Register".

203 Subsection 483(2)

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

204 Subsection 483(2)

Omit "the Register", substitute "the relevant Register".

205 Subsection 484(1)

Schedule 2 General amendments

Part 1 General amendments

40 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

Omit "Designated Authority", substitute "Titles Administrator".

206 Subsections 484(1) and 485(1)

Omit "the Register", substitute "the relevant Register".

207 Subsection 485(2)

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

208 Subsection 485(2)

Omit "the Register", substitute "the relevant Register".

209 Section 487

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

210 Paragraph 487(b)

Omit "the Register", substitute "the relevant Register".

211 Section 488

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

212 Paragraph 489(1)(b)

Omit "Designated Authority", substitute "Titles Administrator".

213 Subsection 489(4)

Repeal the subsection.

214 Subsection 489(4A)

Omit "If a dealing does not relate to a referable title, an", substitute

"An".

215 Section 490

Repeal the section.

216 Section 491

General amendments Schedule 2

General amendments Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 41

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

217 Section 492

Omit "Designated Authority" (first occurring), substitute "Titles

Administrator".

218 Paragraphs 492(a) and (b)

Omit "the Register", substitute "the relevant Register".

219 Paragraph 492(b)

Omit "Designated Authority", substitute "Titles Administrator".

220 Subsection 493(2)

Omit "Designated Authority must", substitute "Titles Administrator

must".

221 Subsection 493(2) (note)

Omit "Designated Authority", substitute "Titles Administrator".

222 Subsection 493(3)

Repeal the subsection.

223 Subsection 493(4)

Omit "Designated Authority", substitute "Titles Administrator".

224 Subsection 493(4)

Omit "Designated Authority's", substitute "Titles Administrator's".

225 Subsection 493(5)

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

226 Subsection 493(5)

Omit "the Register", substitute "the relevant Register".

227 Subsections 493(6) to (9)

Repeal the subsections.

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42 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

228 Subsections 494(1) and (2)

Omit "Designated Authority", substitute "Titles Administrator".

229 Subsection 494(3)

Omit "Designated Authority", substitute "Titles Administrator".

230 Subsection 494(3)

Omit "the Register", substitute "the relevant Register".

231 Subsection 495(1)

Omit "Designated Authority", substitute "Titles Administrator".

232 Subsection 495(1)

Omit "the Register", substitute "the relevant Register".

233 Subparagraphs 495(2)(a)(i) and (3)(a)(i)

Omit "Designated Authority", substitute "Titles Administrator".

234 Section 496

Omit "the Register", substitute "a Register".

235 Section 498

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

236 Paragraph 499(1)(b)

Omit "Designated Authority", substitute "Titles Administrator".

237 Subsection 499(4)

Repeal the subsection.

238 Subsection 499(4A)

Omit "If a dealing does not relate to a referable title, a", substitute "A".

239 Section 500

Repeal the section.

240 Section 503

General amendments Schedule 2

General amendments Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 43

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

241 Section 504

Omit "Designated Authority", substitute "Titles Administrator".

242 Section 504

Omit "the Register" (first occurring), substitute "a Register".

243 Subsection 505(1)

Omit "Designated Authority" (first occurring), substitute "Titles

Administrator".

244 Subsection 505(1)

Omit "the Register" (first occurring), substitute "a Register".

245 Subsection 505(1)

Omit "Designated Authority" (second occurring), substitute "Titles

Administrator".

246 Subsection 505(2)

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

247 Paragraph 505(2)(b)

Omit "Designated Authority's", substitute "Titles Administrator's".

248 Subsection 505(3)

Omit "Designated Authority" (first occurring), substitute "Titles

Administrator".

249 Subsection 505(3)

Omit "the Register" (first occurring), substitute "a Register".

250 Subsection 505(3)

Omit "Designated Authority" (second occurring), substitute "Titles

Administrator".

251 Paragraphs 505(3)(a) and (b)

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44 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

Omit "Designated Authority", substitute "Titles Administrator".

252 Subsection 505(5)

Omit "Designated Authority", substitute "Titles Administrator".

253 Subsection 505(6)

Omit "Designated Authority" (first occurring), substitute "Titles

Administrator".

254 Subsection 505(6)

Omit "the Register", substitute "a Register".

255 Subsection 505(6)

Omit "Designated Authority" (second occurring), substitute "Titles

Administrator".

256 Subsection 506(4)

Omit "Designated Authority", substitute "Titles Administrator".

Note:

The heading to subsection 506(4) is altered by omitting "Designated Authority" and

substituting "Titles Administrator".

257 Subsections 506(5) and (6)

Omit "Designated Authority", substitute "Titles Administrator".

Note:

The heading to subsection 506(5) is altered by omitting "Designated Authority" and

substituting "Titles Administrator".

258 Section 507

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

Note:

The heading to section 507 is altered by omitting "Designated Authority" and

substituting "Titles Administrator".

259 Section 508

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

Note:

The heading to section 508 is altered by omitting "Designated Authority" and

substituting "Titles Administrator".

260 Section 509

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No. , 2011 45

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

261 Section 510

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

Note:

The heading to section 510 is altered by omitting "Designated Authority" and

substituting "Titles Administrator".

262 Section 511

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

Note:

The heading to section 511 is altered by omitting "Designated Authority" and

substituting "Titles Administrator".

263 Subparagraph 514(1)(b)(ii)

Omit "Designated Authority", substitute "Titles Administrator".

264 Subsection 515(1)

Omit "Designated Authority", substitute "Titles Administrator".

265 Subsection 515(1)

Omit "the Register", substitute "each Register".

266 Subsection 515(2)

Omit "Designated Authority", substitute "Titles Administrator".

267 Section 516

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

268 Paragraph 516(2)(a)

Omit "the Register", substitute "a Register".

269 Section 518

Repeal the section, substitute:

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46 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

518 Simplified outline

The following is a simplified outline of this Chapter:

�

The Titles Administrator must keep a Register of greenhouse

gas titles and greenhouse gas search authorities.

�

A transfer of a greenhouse gas title must be approved by the

Titles Administrator, and an instrument of transfer must be

registered under this Part.

�

A dealing in a greenhouse gas title must be approved by the

Titles Administrator, and the approval must be entered in the

270 Section 521

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

271 Subsection 522(1)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

272 Subsection 522(2) (table item 5, column headed "the

memorial must...")

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

273 Subsection 522(3)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

274 Subsection 522(4)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

275 Subsection 522(5)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

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No. , 2011 47

276 Section 523

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

277 Section 523A

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

278 Paragraph 524(a)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

279 Subsection 525(1)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

280 Section 527

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

281 Section 528

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

282 Subsections 529(2) and (3)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

283 Paragraph 529(3)(c)

Omit "Designated Authority", substitute "Titles Administrator".

284 Subsection 529(4)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

285 Paragraph 529(4)(c)

Omit "Designated Authority", substitute "Titles Administrator".

286 Subsection 529(5)

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48 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

287 Subsection 529(5)

Omit "responsible Commonwealth Minister's", substitute "Titles

Administrator's".

288 Subsection 529(6)

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

289 Section 530

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

290 Subsection 533(1)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

291 Subsection 534(2)

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

292 Subsection 535(1)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

293 Subsection 536(2)

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

294 Section 538

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

295 Section 539

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

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No. , 2011 49

296 Paragraph 540(1)(b)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

297 Section 541

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

298 Section 542

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

299 Subsection 543(2)

Omit "responsible Commonwealth Minister must", substitute "Titles

Administrator must".

300 Subsection 543(2) (note)

Omit "responsible Commonwealth Minister by", substitute "Titles

Administrator by".

301 Subsection 543(3)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

302 Subsection 543(3)

Omit "responsible Commonwealth Minister's", substitute "Titles

Administrator's".

303 Subsection 543(4)

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

304 Section 544

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

305 Section 545

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

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50 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

306 Section 548

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

307 Paragraph 549(1)(b)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

308 Section 552

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

309 Section 553

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

310 Subsections 554(1) and (2)

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

311 Paragraph 554(2)(b)

Omit "responsible Commonwealth Minister's", substitute "Titles

Administrator's".

312 Subsections 554(3), (5) and (6)

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

313 Subsection 555(4)

Omit "responsible Commonwealth Minister concerned", substitute

"Titles Administrator".

Note:

The heading to subsection 555(4) is altered by omitting "responsible Commonwealth

Minister" and substituting "Titles Administrator".

314 Subsections 555(5) and (6)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

Note:

The heading to subsection 555(5) is altered by omitting "responsible Commonwealth

Minister" and substituting "Titles Administrator".

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No. , 2011 51

315 Section 556

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

Note:

The heading to section 556 is altered by omitting "Responsible Commonwealth

Minister" and substituting "Titles Administrator".

316 Section 557

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

Note:

The heading to section 557 is altered by omitting "Responsible Commonwealth

Minister" and substituting "Titles Administrator".

317 Section 558

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

318 Section 559

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

Note:

The heading to section 559 is altered by omitting "Responsible Commonwealth

Minister" and substituting "Titles Administrator".

319 Section 560

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

Note:

The heading to section 560 is altered by omitting "Responsible Commonwealth

Minister" and substituting "Titles Administrator".

320 Subparagraph 563(b)(ii)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

321 Section 564

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

322 Section 565

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

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52 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

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323 Paragraph 568(2)(b)

Omit "Designated Authority", substitute "Joint Authority".

324 Subsection 569(1) (table item 1)

Omit "Designated Authority", substitute "Titles Administrator".

325 Paragraph 569(8)(c)

After "574", insert "or 574A".

326 Subsections 571(1) and (2)

Omit "Designated Authority", substitute "responsible Commonwealth

Minister".

327 Paragraph 572(7)(c)

After "574", insert ", 574A".

328 Section 573

Repeal the section, substitute:

573 Simplified outline

The following is a simplified outline of this Part:

�

NOPSEMA or the responsible Commonwealth Minister may

give a direction to a petroleum titleholder. A direction may

extend to other persons.

�

If there is a breach of a direction given by the Joint Authority

or NOPSEMA under Chapter 2, this Chapter or the

regulations, NOPSEMA may do anything required by the

direction to be done, and NOPSEMA's costs may be

recovered from the person to whom the direction was given.

�

If there is a breach of a direction given by the responsible

Commonwealth Minister under this Part, the responsible

Commonwealth Minister may do anything required by the

direction to be done, and the responsible Commonwealth

Minister's costs may be recovered from the person to whom

the direction was given.

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No. , 2011 53

�

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

(a)

a direction given by the Joint Authority or

NOPSEMA under Chapter 2, this Chapter or the

regulations; or

(b)

a direction given by the responsible

Commonwealth Minister under this Part;

it is a defence if the defendant proves that the defendant took

all reasonable steps to comply with the direction.

329 Subsection 574(2)

Omit "The Designated Authority", substitute "NOPSEMA".

Note:

The heading to section 574 is altered by adding at the end "--NOPSEMA".

330 At the end of subsection 574(2)

Add:

Note 3:

A direction under this section has no effect to the extent of any

inconsistency with a direction under section 574A: see subsection

574A(12).

331 Subsection 574(5)

Omit "The Designated Authority", substitute "NOPSEMA".

332 After subsection 574(9)

Insert:

(9A)

If:

(a) NOPSEMA gives a direction under this section; and

(b) NOPSEMA considers that the direction may have significant

consequences for:

(i) resource management; or

(ii)

resource

security;

NOPSEMA must:

direction; and

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

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54 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

333 After section 574

Insert:

574A General power to give directions--responsible Commonwealth

Minister

Definition

(1) In this section:

title means:

(a) a petroleum exploration permit; or

(b) a petroleum retention lease; or

(d) an infrastructure licence; or

(e) a pipeline licence; or

(f) a petroleum special prospecting authority; or

(g) a petroleum access authority.

Direction to registered holder

(2) The responsible Commonwealth Minister may, by written notice

given to the registered holder of a title, give the registered holder a

direction as to any matter in relation to which regulations may be

made, so long as that matter is a matter:

(a) that relates to resource management; or

(b) that relates to resource security; or

purposes of section 698 (which deals with data management).

Note 1:

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

which regulations may be made.

Note 2:

For enforcement, see section 576.

Extended application of direction

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

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

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

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

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

the registered holder;

(ii) persons performing work or services, whether directly

or indirectly, for the registered holder; or

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

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

who is:

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

arising out of, or connected with, exploring the seabed

or subsoil of the offshore area for petroleum or

exploiting the petroleum that occurs as a natural

resource of that seabed or subsoil; or

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

aircraft, structure or installation, or equipment or other

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

kind.

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

to each person included in the specified class mentioned in

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

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

Note:

For notification requirements, see section 575.

Additional matters

(5) The responsible Commonwealth Minister must not give a direction

under this section of a standing or permanent nature except with

the approval of the Joint Authority, but the validity of a direction is

not affected by a breach of this subsection.

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

with, despite:

(a) any previous direction under this section; and

(b) anything in the regulations (other than the Offshore

Petroleum and Greenhouse Gas Storage (Safety) Regulations

2009); or

Note: For

applied provisions, see subsection 80(2).

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

matter by applying, adopting or incorporating (with or without

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56 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

modification) a code of practice or standard contained in an

instrument:

(a) as in force or existing at the time when the direction takes

effect; or

(b) as in force or existing from time to time;

so long as the code of practice or standard is relevant to that matter.

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

issued or made in Australia or outside Australia.

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

thing:

(a)

unconditionally;

(b) subject to conditions, including conditions requiring the

consent or approval of a person specified in the direction.

(10) If a direction under this section makes provision in relation to a

matter by applying, adopting or incorporating (with or without

modification) a code of practice or standard, the responsible

Commonwealth Minister must ensure that the text of the code of

practice or standard applied, adopted or incorporated is published

on the Department's website.

(11) Subsection (10) does not apply if the publication would infringe

Inconsistency

(12) If a direction under section 574 is inconsistent with a direction

under this section, the direction under section 574 has no effect to

the extent of the inconsistency.

Directions

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

direction is a legislative instrument.

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

the direction is not a legislative instrument.

334 Subsection 575(3)

Omit "the Designated Authority", substitute "NOPSEMA".

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No. , 2011 57

335 After subsection 575(3)

Insert:

Notification

(3A) If a direction under section 574A applies to:

(a) a registered holder; and

(b) a person referred to in paragraph 574A(3)(a);

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

direction was given to be:

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

area frequented by that other person.

(3B) If a direction under section 574A applies to:

(a) a registered holder; and

(b) a person referred to in paragraph 574A(3)(b);

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

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

place in the offshore area.

(3C) If a direction under section 574A applies to:

(a) a registered holder; and

(b) a person referred to in paragraph 574A(3)(b);

the responsible Commonwealth Minister may, by written notice

given to the registered holder, require the registered holder to cause

to be displayed:

(d) in such manner;

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

direction was given.

336 Paragraph 575(4)(a)

Omit "or (3)", substitute ", (3), (3A), (3B) or (3C)".

337 Paragraphs 576(1)(a) and (3)(a)

After "574", insert "or 574A".

338 Division 3 of Part 6.2 (heading)

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58 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

Repeal the heading, substitute:

Division 3--NOPSEMA or the responsible Commonwealth

Minister may take action if there is a breach of a

direction

339 Subsection 577(1)

Omit "the Designated Authority" (wherever occurring), substitute

"NOPSEMA".

Note 1: The heading to section 577 is altered by omitting "Designated Authority" and

substituting "NOPSEMA".

Note 2: The heading to subsection 577(1) is altered by omitting "Designated Authority" and

substituting "NOPSEMA".

340 Subsection 577(2)

Repeal the subsection.

341 Subsection 577(3)

Omit "the Designated Authority", substitute "NOPSEMA".

Note:

The heading to subsection 577(3) is altered by omitting "the Designated Authority" and

substituting "NOPSEMA".

342 At the end of Division 3 of Part 6.2

Add:

577A Responsible Commonwealth Minister may take action if there

is a breach of a direction

Action by responsible Commonwealth Minister

(1)

If:

(a) a person is subject to a direction given by the responsible

Commonwealth Minister under this Part; and

(b) the person engages in conduct; and

the responsible Commonwealth Minister may do any or all of the

things required by the direction to be done.

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No. , 2011 59

Recovery of costs and expenses incurred by the responsible

Commonwealth Minister

(2) Costs or expenses incurred by the responsible Commonwealth

Minister under subsection (1) in relation to a direction are:

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

direction; and

(b) recoverable in a court of competent jurisdiction.

Exception--direction that has an extended application

(3)

If:

(a) a direction under section 574A applies to:

(i) a registered holder; and

(ii) another person; and

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

brought against the other person; and

not know, and could not reasonably be expected to have

known, of the existence of the direction;

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

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

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

Defence

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

proves that the defendant took all reasonable steps to comply with

the direction.

343 Section 578

Before "In a prosecution", insert "(1)".

344 Section 578

Omit "the Designated Authority", substitute "NOPSEMA".

345 Section 578 (note)

Omit "section" (first occurring), substitute "subsection".

346 At the end of section 578

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60 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

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Add:

(2) In a prosecution for an offence in relation to a breach of a direction

given by the responsible Commonwealth Minister under this Part,

it is a defence if the defendant proves that the defendant took all

reasonable steps to comply with the direction.

Note:

The defendant bears a legal burden in relation to the matter in this

subsection--see section 13.4 of the Criminal Code.

347 Subparagraph 583(1)(a)(ii)

After "Chapter", insert "(other than Part 6.2)".

348 Paragraph 584(b)

After "Chapter", insert "(other than Part 6.2)".

349 Section 585

Repeal the section, substitute:

585 Simplified outline

The following is a simplified outline of this Division:

�

NOPSEMA may give remedial directions to petroleum

titleholders or former petroleum titleholders about the

following matters:

(a)

the removal of property;

(b)

the plugging or closing off of wells;

(c)

the conservation and protection of natural

resources;

(d)

the making good of damage to the seabed or

subsoil.

�

The responsible Commonwealth Minister may give remedial

directions to petroleum titleholders or former petroleum

titleholders about the following matters:

(a)

the plugging or closing off of wells;

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No. , 2011 61

(b)

the conservation and protection of natural

resources;

(c)

the making good of damage to the seabed or

subsoil.

�

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

responsible Commonwealth Minister may do anything

required by the direction to be done.

�

If property has not been removed in accordance with a

remedial direction, NOPSEMA may direct the owner to

remove or dispose of the property.

350 Subsection 586(2)

Omit "The Designated Authority", substitute "NOPSEMA".

Note:

The heading to section 586 is altered by adding at the end "--NOPSEMA".

351 Subsection 586(2)

Omit "the Designated Authority" (wherever occurring), substitute

"NOPSEMA".

352 At the end of subsection 586(2)

Add:

Note 3:

A direction under this section has no effect to the extent of any

inconsistency with a direction under section 586A: see subsection

586A(9).

353 Subsection 586(3)

Omit "the Designated Authority", substitute "NOPSEMA".

354 After section 586

Insert:

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62 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

586A Remedial directions to current holders of permits, leases and

licences--responsible Commonwealth Minister

Scope

(1) This section applies to:

(a) a petroleum exploration permit; or

(b) a petroleum retention lease; or

(d) an infrastructure licence; or

(e) a pipeline licence.

Direction to registered holder

(2) The responsible Commonwealth Minister may, by written notice

given to the registered holder of the permit, lease or licence, direct

the holder to do any or all of the following things on or before the

applicable date:

(a) to plug or close off, to the satisfaction of the responsible

Commonwealth Minister, all wells made in the title area by

any person engaged or concerned in those operations;

(b) to provide, to the satisfaction of the responsible

Commonwealth Minister, for the conservation and protection

of the natural resources in the title area;

Commonwealth Minister, any damage to the seabed or

subsoil in the title area caused by any person engaged or

concerned in those operations;

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

(d) resource management; or

(e)

resource

security.

Note 1:

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

Note 2:

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

Interpretation Act 1901.

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

paragraph (2)(a), the responsible Commonwealth Minister:

(a) in the case of a declared petroleum exploration permit,

declared petroleum retention lease or declared petroleum

production licence--must have regard; or

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No. , 2011 63

(b) otherwise--may have regard;

to the principle that plugging or closing off wells should be carried

out in a way that restores or maintains the suitability of a part of a

geological formation for the permanent storage of greenhouse gas

substances.

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

(a) Chapter 2; and

(b) this Chapter; and

(c)

the

regulations.

Offence

(5) A person commits an offence if:

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

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

Penalty: 100 penalty units.

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

Note:

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

Applicable date and title area

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

Applicable date and title area

Item

In the case of...

the applicable date is...

and the title area is...

1 a

petroleum

exploration permit

the expiry date of the

permit

the permit area.

a petroleum retention

lease

the expiry date of the

lease

the lease area.

3 a

fixed-term

petroleum

production licence

the expiry date of the

licence

the licence area.

a petroleum production

licence that is not a

fixed-term petroleum

production licence

the first date on which

the licence can be

terminated under this

Act

the licence area.

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64 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

2011 No. , 2011

Applicable date and title area

Item

In the case of...

the applicable date is...

and the title area is...

5 an

infrastructure

licence

the first date on which

the licence can be

terminated under this

Act

the licence area.

a pipeline licence

the first date on which

the licence can be

terminated under this

Act

the part of the offshore

area in which the

pipeline is constructed.

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

as a particular calendar date.

Inconsistency

(9) If a direction under section 586 is inconsistent with a direction

under this section, the direction under section 586 has no effect to

the extent of the inconsistency.

355 Subsection 587(2)

Omit "The Designated Authority", substitute "NOPSEMA".

Note:

The heading to section 587 is altered by adding at the end "--NOPSEMA".

356 Subsection 587(2)

Omit "the Designated Authority" (wherever occurring), substitute

"NOPSEMA".

357 At the end of subsection 587(2)

Add:

Note:

A direction under this section has no effect to the extent of any

inconsistency with a direction under section 587A: see subsection

587A(8).

358 Subsection 587(4)

Omit "the Designated Authority", substitute "NOPSEMA".

359 After section 587

Insert:

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587A Remedial directions to former holders of permits, leases,

licences and authorities etc.--responsible Commonwealth

Minister

Scope

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

Scope

Item Title

Event

1 Petroleum

exploration

permit

(a) the permit has been wholly or partly

revoked;

(b) the permit has been wholly or partly

cancelled;

Petroleum retention lease

(a) the lease has been wholly or partly

revoked;

(b) the lease has been cancelled;

3 Petroleum

production

licence

(a) the licence has been wholly or

partly revoked;

(b) the licence has been wholly or

partly cancelled;

(d) the licence has expired.

4 Infrastructure

licence

(a) the licence has been cancelled;

(b) the licence has been terminated.

5 Pipeline

licence

(a) the licence has been wholly or

partly cancelled;

(b) the licence has been wholly or

partly terminated.

Petroleum special prospecting

authority

(a) the authority has been surrendered;

(b) the authority has been cancelled;

Petroleum access authority

(a) the authority has been revoked;

(b) the authority has been surrendered;

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Direction

(2) The responsible Commonwealth Minister may, by written notice

given to the person who was, or is, as the case may be, the

registered holder of the permit, lease, licence or authority, direct

the person to do any or all of the following things within the period

specified in the notice:

(a) to plug or close off, to the satisfaction of the responsible

Commonwealth Minister, all wells made in the vacated area

by any person engaged or concerned in those operations;

(b) to provide, to the satisfaction of the responsible

Commonwealth Minister, for the conservation and protection

of the natural resources in the vacated area;

Commonwealth Minister, any damage to the seabed or

subsoil in the vacated area caused by any person engaged or

concerned in those operations:

so long as the direction is given for the purposes of:

(d) resource management; or

(e)

resource

security.

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

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

paragraph (2)(a), the responsible Commonwealth Minister:

(a) in the case of a declared petroleum exploration permit,

declared petroleum retention lease or declared petroleum

production licence--must have regard; or

(b) otherwise--may have regard;

to the principle that plugging or closing off wells should be carried

out in a way that restores or maintains the suitability of a part of a

geological formation for the permanent storage of greenhouse gas

substances.

(5) Paragraph (2)(b) has effect subject to:

(a) Chapter 2; and

(b) this Chapter; and

(c)

the

regulations.

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Offence

(6) A person commits an offence if:

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

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

Penalty: 100 penalty units.

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

Note:

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

Inconsistency

(8) If a direction under section 587 is inconsistent with a direction

under this section, the direction under section 587 has no effect to

the extent of the inconsistency.

360 Section 588

Omit "the Designated Authority" (wherever occurring), substitute

"NOPSEMA".

Note 1: The heading to section 588 is altered by omitting "Designated Authority" and

substituting "NOPSEMA".

Note 2: The heading to subsection 588(2) is altered by omitting "Designated Authority" and

substituting "NOPSEMA".

361 Subsection 589(1)

Omit "the Designated Authority" (wherever occurring), substitute

"NOPSEMA".

Note:

The heading to section 589 is altered by omitting "Designated Authority" and

substituting "NOPSEMA".

362 Subsection 589(2)

Omit "The Designated Authority", substitute "NOPSEMA".

363 Subsections 589(2), (4) and (5)

Omit "the Designated Authority" (wherever occurring), substitute

"NOPSEMA".

364 At the end of Division 1 of Part 6.4

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Add:

590A Responsible Commonwealth Minister may take action if a

direction has been breached

Scope

(1) This section applies if a direction is given under section 587A.

Responsible Commonwealth Minister may take action

(2)

If:

(a) a direction under section 587A has been breached in relation

to the vacated area; or

(b) an arrangement under section 587A has not been carried out

in relation to the vacated area;

the responsible Commonwealth Minister may do any or all of the

things required by the direction or arrangement to be done.

365 Section 599

Omit "The Designated Authority", substitute "NOPSEMA".

366 Subsection 600(1)

Omit "The Designated Authority for an offshore area", substitute

"NOPSEMA".

367 Subsection 600(1)

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

368 Subsection 600(2)

Omit "The Designated Authority", substitute "NOPSEMA".

369 Subsection 600(3)

Repeal the subsection, substitute:

(3) If a person is a petroleum project inspector in relation to the

Eastern Greater Sunrise offshore area, NOPSEMA may specify, in

the identity card issued to the petroleum project inspector under

subsection (2), that the petroleum project inspector is a Greater

Sunrise visiting inspector.

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370 Subparagraphs 600(4)(c)(i) and (ii)

Omit "the Designated Authority", substitute "NOPSEMA".

371 At the end of section 600

Add:

(7) NOPSEMA and the Titles Administrator may, with the agreement

of the responsible Commonwealth Minister, make a written

determination that provides that, in the event that:

(a) a petroleum project inspector engages in activities that are

preparatory to the exercise, or the possible exercise, of a

power under this Act for a purpose that relates to the

functions or powers of the Titles Administrator; or

(b) a petroleum project inspector exercises a power under this

Act for a purpose that relates to the functions or powers of

the Titles Administrator;

an amount worked out in accordance with the determination is to

be:

Administrator Special Account; and

(d) credited to the National Offshore Petroleum Safety and

Environmental Management Authority Special Account;

on a day worked out in accordance with the determination.

(8) The Titles Administrator must publish a determination under

subsection (7) on the Department's website.

(9) A determination under subsection (7) is not a legislative

instrument.

372 Section 612

Omit "The Designated Authority", substitute "NOPSEMA".

373 Section 614 (paragraph (b) of the definition of exempt

vessel)

Omit "the Designated Authority", substitute "NOPSEMA".

374 Subsection 615(2)

Omit "The Designated Authority", substitute "NOPSEMA".

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375 Subsection 616(1)

Omit "the Designated Authority" (wherever occurring), substitute

"NOPSEMA".

376 Section 618

Omit "the Designated Authority" (wherever occurring), substitute

"NOPSEMA".

Note:

The heading to section 618 is altered by omitting "Designated Authority" and

substituting "NOPSEMA".

377 Section 635

Omit "Designated Authority", substitute "Titles Administrator".

Note:

The heading to section 635 is altered by omitting "Designated Authority" and

substituting "Titles Administrator".

378 Subsection 636(1)

Omit "Designated Authority" (first occurring), substitute "Titles

Administrator".

379 After paragraph 636(1)(e)

Insert:

(ea) a fee under subsection 564(1) or (2);

(eb) a fee under subsection 565(2) or (4);

380 Paragraph 636(1)(g)

Omit "Designated Authority", substitute "Titles Administrator".

381 Paragraphs 636(2)(d) and (e)

Repeal the paragraphs.

382 After paragraph 638(1)(d)

Insert:

(e) Part 5 of the Offshore Petroleum and Greenhouse Gas

Storage (Resource Management and Administration)

Regulations 2011, to the extent to which that Part relates to

occupational health and safety matters;

383 Part 6.9 (heading)

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Repeal the heading, substitute:

Part 6.9--National Offshore Petroleum Safety and

Environmental Management Authority

384 Section 642

Repeal the section, substitute:

642 Simplified outline

The following is a simplified outline of this Part:

�

There is to be a National Offshore Petroleum Safety and

Environmental Management Authority (NOPSEMA).

�

NOPSEMA has functions in relation to the occupational

health and safety of persons engaged in:

(a)

offshore petroleum operations; or

(b)

offshore greenhouse gas storage operations.

�

NOPSEMA also has functions in relation to:

(a)

the structural integrity of facilities, wells and

well-related equipment; and

(b)

environmental

management.

�

There is to be a Chief Executive Officer (CEO) of

NOPSEMA.

�

There is to be a National Offshore Petroleum Safety and

Environmental Management Authority Board.

�

The main function of the Board is to give advice, and make

recommendations, to the CEO about the operational policies

and strategies to be followed by NOPSEMA in the

performance of its functions.

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�

The CEO may appoint OHS inspectors.

385 Section 643 (definition of Board)

After "Safety", insert "and Environmental Management".

386 Section 643 (definition of CEO)

Omit "the Safety Authority", substitute "NOPSEMA".

387 Section 643

Insert:

environmental management law means the provisions of:

(a) this Act; or

(b)

the

regulations;

to the extent to which the provisions relate to, or empower

NOPSEMA to take action in relation to:

Commonwealth waters; or

(d) offshore greenhouse gas storage environmental management

in relation to Commonwealth waters.

388 Section 643 (paragraph (b) of the definition of

Greenhouse Gas Storage Ministerial Council)

Omit "the Ministerial Council on Mineral and Petroleum Resources",

substitute "the Standing Council on Energy and Resources".

389 Section 643

Insert:

NOPSEMA waters means:

(a) Commonwealth waters; and

(b) the designated coastal waters of each State and of the

Northern Territory.

390 Section 643

Insert:

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offshore greenhouse gas storage environmental management

means the prevention, management, mitigation or remediation of

the environmental impacts of regulated operations that relate to:

(a) the exploration for potential greenhouse gas storage

formations or potential greenhouse gas injection sites; or

(b) the injection of a greenhouse gas substance into the seabed or

subsoil; or

seabed or subsoil; or

(d) the compression, processing, offloading, piped conveyance or

pre-injection storage of a greenhouse gas substance; or

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

seabed or subsoil.

391 Section 643 (definition of offshore greenhouse gas

storage operations)

Omit "Safety Authority" (wherever occurring), substitute

"NOPSEMA".

392 Section 643

Insert:

offshore petroleum environmental management means the

prevention, management, mitigation or remediation of the

environmental impacts of regulated operations that relate to:

(a) the exploration for petroleum; or

(b) the recovery, processing, storage, offloading or piped

conveyance of petroleum.

393 Section 643 (definition of offshore petroleum operations)

Omit "Safety Authority" (wherever occurring), substitute

"NOPSEMA".

394 Section 643 (definition of regulated operation)

After "Chapter 2", insert "or 3".

395 Section 643 (definition of Regulatory Levies Act)

Repeal the definition.

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396 Section 643 (definition of Safety Authority waters)

Repeal the definition.

397 Division 2 of Part 6.9 (heading)

Repeal the heading, substitute:

Division 2--Establishment, functions and powers of

NOPSEMA

398 Section 645

Repeal the section, substitute:

645 National Offshore Petroleum Safety and Environmental

Management Authority

The body known immediately before the commencement of this

section as the National Offshore Petroleum Safety Authority is

continued in existence as the National Offshore Petroleum Safety

and Environmental Management Authority.

Note 1:

In this Act, NOPSEMA means the National Offshore Petroleum

Safety and Environmental Management Authority--see section 7.

Note 2:

See also section 25B of the Acts Interpretation Act 1901.

399 Section 646

Omit "The Safety Authority", substitute "NOPSEMA".

Note:

The heading to section 646 is altered by omitting "Safety Authority's" and substituting

"NOPSEMA's".

400 Paragraphs 646(ga), (gb), (gc), (gd) and (gf)

Omit "non-OHS".

401 After paragraph 646(gf)

Insert:

(gg) the functions conferred on it by or under this Act in relation

to offshore petroleum environmental management in

connection with operations in Commonwealth waters;

(gh) the functions conferred on it by or under this Act in relation

to offshore greenhouse gas storage environmental

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management in connection with operations in

Commonwealth waters;

(gi) the functions conferred on it by or under a State PSLA or the

Territory PSLA in relation to offshore petroleum

environmental management in connection with operations in

the designated coastal waters of that State or Territory;

(gj) the functions conferred on it by or under a State PSLA or the

Territory PSLA in relation to offshore greenhouse gas

storage environmental management in connection with

operations in the designated coastal waters of that State or

Territory;

(gk) to develop and implement effective monitoring and

enforcement strategies to ensure compliance by persons with

their obligations under an environmental management law;

(gl) to investigate accidents, occurrences and circumstances that

involve, or may involve, deficiencies in:

(i) offshore petroleum environmental management in

connection with operations in Commonwealth waters;

(ii) offshore greenhouse gas storage environmental

management in connection with operations in

Commonwealth waters;

(gm) to report, as appropriate, to the responsible Commonwealth

Minister, and to State and Northern Territory Petroleum

Ministers, on investigations covered by paragraph (gl);

(gn) to advise persons, either on its own initiative or on request,

on matters relating to offshore petroleum environmental

management;

(go) to advise persons, either on its own initiative or on request,

on matters relating to offshore greenhouse gas storage

environmental management;

(gp) when requested by the responsible Commonwealth Minister,

to provide information, assessments, analysis, reports, advice

and recommendations to the responsible Commonwealth

Minister in relation to the performance of the responsible

Commonwealth Minister's functions, or the exercise of the

responsible Commonwealth Minister's powers, in relation to

offshore greenhouse gas storage operations;

(gq) to develop and implement effective monitoring and

enforcement strategies to ensure compliance by persons with

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76 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill

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their obligations under this Act and the regulations (other

than the obligations referred to in paragraphs (d), (gc) and

(gk));

(gr) to cooperate with the Titles Administrator in matters relating

to the administration and enforcement of this Act and the

regulations;

402 Paragraph 646(h)

Repeal the paragraph, substitute:

(h) to cooperate with:

(i) other Commonwealth agencies or authorities having

functions relating to regulated operations; and

(ii) State and Northern Territory agencies or authorities

having functions relating to regulated operations;

(i) such other functions as are conferred on it by or under this

Act;

(j) to do anything incidental to or conducive to the performance

of any of the above functions.

403 After section 646

Insert:

646A Limits on functions conferred on NOPSEMA

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

that is:

(a) mentioned in a State functions provision; and

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

Territory PSLA;

unless:

conferred on NOPSEMA by or under the State PSLA or

Territory PSLA, as the case may be; and

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

the case may be, that substantially correspond to Schedule 3

to this Act as in force:

(i) at the commencement of this section; or

(ii) at any later time; and

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

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

the petroleum provisions of the Offshore Petroleum and

Greenhouse Gas Storage (Safety) Regulations 2009 as in

force:

(i) at the commencement of this section; or

(ii) at any later time; and

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

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

the petroleum provisions of Part 5 of the Offshore Petroleum

and Greenhouse Gas Storage (Resource Management and

Administration) Regulations 2011 as in force:

(i) at the commencement of this section; or

(ii) at any later time; and

(g) if the function mentioned in paragraph 646(gi) or (gj) is

conferred on NOPSEMA by or under the State PSLA or

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

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

that substantially correspond to the petroleum provisions of

the Offshore Petroleum and Greenhouse Gas Storage

(Environment) Regulations 2009 as in force:

(i) at the commencement of this section; or

(ii) at any later time.

Note 1:

For State functions provision, see subsection (3).

Note 2:

For petroleum provisions, see subsection (4).

(2) Subsection (1) does not apply to the performance of a function by

NOPSEMA during the period of 12 months beginning on the

commencement of this section.

(3) For the purposes of this section, State functions provision means:

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

occupational health and safety matters in connection with

offshore petroleum operations; or

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

structural integrity in connection with:

(i) the exploration for petroleum; or

(ii) the recovery, processing, storage, offloading or piped

conveyance of petroleum; or

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(d)

paragraph

646(gj).

(4) For the purposes of this section, petroleum provisions means

provisions to the extent to which they relate to:

(a) the exploration for petroleum; or

(b) the recovery, processing, storage, offloading or piped

conveyance of petroleum.

404 Subsection 647(1)

Omit "the Safety Authority", substitute "NOPSEMA".

405 Subsection 647(2)

Omit "the Safety Authority's", substitute "NOPSEMA's".

406 Subsection 647(4)

Omit "the Safety Authority", substitute "NOPSEMA".

407 Subsection 647(5)

Omit "The Safety Authority", substitute "NOPSEMA".

408 Subsection 648(1)

Omit "The Safety Authority", substitute "NOPSEMA".

Note:

The heading to section 648 is altered by omitting "Safety Authority's" and substituting

"NOPSEMA's".

409 Subsection 648(2)

Omit "The Safety Authority's", substitute "NOPSEMA's".

410 Section 648

Omit "the Safety Authority" (wherever occurring), substitute

"NOPSEMA".

411 Subsection 649(1)

Omit "(1)".

412 Subsection 649(1)

Omit "the Safety Authority" (wherever occurring), substitute

"NOPSEMA".

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No. , 2011 79

Note:

The heading to section 649 is altered by omitting "the Safety Authority" and

substituting "NOPSEMA".

413 Section 650

Repeal the section, substitute:

650 Additional functions and powers

States and the Northern Territory

(1) NOPSEMA may provide services, under a contract entered into by

NOPSEMA, to:

(a) a State or the Northern Territory; or

(b) an agency or authority of a State or the Northern Territory;

where:

(i) the exploration for petroleum; or

(ii) the recovery, processing, storage, offloading or piped

conveyance of petroleum;

on or in:

(iii) land or waters within the limits of the State or Territory;

(iv) the eligible coastal waters of the State or Territory; or

(v) the designated coastal waters of the State or Territory;

and

(d) if subparagraph (c)(iii) applies:

(i) the services relate to the regulation of activities carried

on by a constitutional corporation; or

(ii) the services relate to the regulation of vessels, structures

or other things that are owned or controlled, or that are

being constructed, operated or decommissioned, by a

constitutional corporation; and

(e) the contract is approved in writing by the responsible

Commonwealth Minister.

Note: For

eligible coastal waters, see subsection (7).

(2) NOPSEMA has such functions and powers as are conferred on it

by or under a law of a State or the Northern Territory in connection

with the regulation of:

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(a) the exploration for petroleum; or

(b) the recovery, processing, storage, offloading or piped

conveyance of petroleum;

in the eligible coastal waters of the State or Territory, so long as:

Commonwealth Minister and the responsible State Minister,

or the responsible Northern Territory Minister, as the case

may be:

(i) that is about the conferral; and

(ii) that deals with the fees payable by the State or Territory

to NOPSEMA, on behalf of the Commonwealth, for the

performance of those functions and the exercise of those

powers; and

(d) each of those functions and powers substantially corresponds

to a function or power conferred on NOPSEMA by or under

this Act.

Note: For

eligible coastal waters, see subsection (7).

Foreign countries

(3) NOPSEMA may provide services, under a contract entered into by

NOPSEMA, to:

(a) the government of a foreign country; or

(b) an agency or authority of a foreign country; or

(d) an agency or authority of part of a foreign country;

where:

(e) the services relate to the regulation of:

(i) the exploration for petroleum; or

(ii) the recovery, processing, storage, offloading or piped

conveyance of petroleum;

outside Australia; and

(f) the contract is approved in writing by the responsible

Commonwealth Minister.

(4) Before giving an approval under paragraph (3)(f), the responsible

Commonwealth Minister must consult the Foreign Affairs

Minister.

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Provision of services not to impede other functions

(5) Subsections (1) and (3) do not authorise NOPSEMA to provide a

service if the provision of the service would impede NOPSEMA's

capacity to perform its other functions.

Certain governance provision do not apply

(6) The following provisions:

(a)

section

647;

(b)

Division

(c)

section

667;

(d)

Division

(e)

section

685;

(f)

section

690;

(g)

section

692;

(h)

section

693;

(i)

section

694;

do not apply in relation to:

(j) a power conferred by subsection (1) or (3) of this section; or

(k) a function or power covered by subsection (2) of this section.

Definitions

(7) In this section:

eligible coastal waters, in relation to a State or the Northern

Territory, means so much of the scheduled area for the State or

Territory as consists of any waters that are:

(a) on the landward side of the territorial sea; and

(b) not within the limits of the State or Territory.

For this purpose, assume that the breadth of the territorial sea of

Australia had never been determined or declared to be greater than

3 nautical miles, but had continued to be 3 nautical miles.

Foreign Affairs Minister means the Minister administering the

Diplomatic Privileges and Immunities Act 1967.

regulation includes investigation.

414 Section 651

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Repeal the section.

415 Subsection 652(1)

Omit "The Safety Authority", substitute "NOPSEMA".

Note:

The heading to section 652 is altered by omitting "Safety Authority" and substituting

"NOPSEMA".

416 Subsections 652(2) and (3)

Omit "the Safety Authority", substitute "NOPSEMA".

417 Division 3 of Part 6.9 (heading)

Repeal the heading, substitute:

Division 3--National Offshore Petroleum Safety and

Environmental Management Authority Board

418 Section 653

Repeal the section, substitute:

653 National Offshore Petroleum Safety and Environmental

Management Authority Board

The body known immediately before the commencement of this

section as the National Offshore Petroleum Safety Authority Board

is continued in existence as the National Offshore Petroleum

Safety and Environmental Management Authority Board.

Note:

See also section 25B of the Acts Interpretation Act 1901.

419 Paragraph 654(1)(a)

Omit "the Safety Authority", substitute "NOPSEMA".

420 Subparagraph 654(1)(b)(iv)

Omit "the Ministerial Council on Mineral and Petroleum Resources",

substitute "the Standing Council on Energy and Resources".

421 Paragraph 654(1)(b)

Omit "either or both of the following", substitute "any or all of the

following".

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422 After subparagraph 654(1)(b)(v)

Insert:

(va) policy or strategic matters relating to the structural

integrity of facilities, wells or well-related equipment

that are in NOPSEMA waters;

(vb) policy or strategic matters relating to offshore petroleum

environmental management;

423 Subparagraph 654(1)(b)(vi)

Omit "the Safety Authority", substitute "NOPSEMA".

424 Paragraph 654(1)(c)

Omit "either or both of the following", substitute "any or all of the

following".

425 After subparagraph 654(1)(c)(v)

Insert:

(va) policy or strategic matters relating to offshore

greenhouse gas storage environmental management;

426 Subparagraph 654(1)(c)(vi)

Omit "the Safety Authority", substitute "NOPSEMA".

427 Paragraph 654(3)(c)

Omit "the Ministerial Council on Mineral and Petroleum Resources",

substitute "the Standing Council on Energy and Resources".

428 Subsection 656(4)

Omit "the Ministerial Council on Mineral and Petroleum Resources",

substitute "the Standing Council on Energy and Resources".

429 Division 4 of Part 6.9 (heading)

Repeal the heading, substitute:

Division 4--Chief Executive Officer and staff of

NOPSEMA

430 Subsection 665(1)

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Omit "the Safety Authority", substitute "NOPSEMA".

431 At the end of subsection 665(1)

Add:

Note:

See also section 25B of the Acts Interpretation Act 1901.

432 Subsection 665(3)

Omit "the Ministerial Council on Mineral and Petroleum Resources",

substitute "the Standing Council on Energy and Resources".

433 Subsection 666(1)

Omit "the Safety Authority", substitute "NOPSEMA".

434 Subsection 666(2)

Omit "the Safety Authority" (first occurring), substitute "NOPSEMA".

435 Subsection 666(2)

Omit "the Safety Authority's", substitute "NOPSEMA's".

436 Subsection 666(2)

Omit "the Safety Authority" (second occurring), substitute

"NOPSEMA".

437 Section 667

Omit "the Safety Authority's" (wherever occurring), substitute

"NOPSEMA's".

438 Paragraph 667(3)(b)

After "Chair of the Board", insert "reasonably".

439 Paragraph 675(1)(a)

Omit "the Safety Authority", substitute "NOPSEMA".

440 Subsection 676(1)

Omit "the Safety Authority", substitute "NOPSEMA".

Note:

The heading to section 676 is altered by omitting "the Safety Authority" and

substituting "NOPSEMA".

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441 Subsection 677(1)

Omit "the Safety Authority", substitute "NOPSEMA".

Note:

The heading to section 677 is altered by omitting "the Safety Authority" and

substituting "NOPSEMA".

442 Subsection 677(3)

Omit "The Safety Authority", substitute "NOPSEMA".

443 Subsection 677(3)

Omit "the Safety Authority", substitute "NOPSEMA".

444 Subsection 678(1)

Omit "the Safety Authority", substitute "NOPSEMA".

445 Paragraphs 678(4)(a) and (b)

Omit "the Safety Authority's", substitute "NOPSEMA's".

446 Paragraph 678(4)(c)

Omit "the Safety Authority", substitute "NOPSEMA".

447 After paragraph 678(4)(e)

Insert:

(ea) an analysis of risk factors likely to affect the structural

integrity of facilities, wells or well-related equipment that are

in NOPSEMA waters;

(eb) an analysis of risk factors likely to affect offshore petroleum

environmental management or offshore greenhouse gas

storage environmental management;

448 Subsection 679(3)

After "in respect of", insert "occupational health and safety matters

relating to".

449 Subsections 679(6) and (7)

Omit "the Safety Authority", substitute "NOPSEMA".

450 Paragraph 680(2)(a)

Omit "the Safety Authority", substitute "NOPSEMA".

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451 Subsection 681(1)

Omit "The Safety Authority", substitute "NOPSEMA".

452 Paragraph 681(3)(c)

Omit "the Safety Authority", substitute "NOPSEMA".

453 Division 7 of Part 6.9 (heading)

Repeal the heading, substitute:

Division 7--National Offshore Petroleum Safety and

Environmental Management Authority Special

Account

454 Section 682

Repeal the section, substitute:

682 National Offshore Petroleum Safety and Environmental

Management Authority Special Account

(1) The National Offshore Petroleum Safety Account that was,

immediately before the commencement of this subsection, in

existence under this Act is continued in existence as the National

Offshore Petroleum Safety and Environmental Management

Authority Special Account.

(2) The Account is a Special Account for the purposes of the Financial

Management and Accountability Act 1997.

455 Paragraphs 683(a) to (db)

Omit "the Safety Authority", substitute "NOPSEMA".

456 After paragraph 683(db)

Insert:

(dc) amounts equal to the following amounts paid to NOPSEMA

on behalf of the Commonwealth:

(i) amounts paid by way of environment plan levy imposed

by the Regulatory Levies Act;

(ii) amounts paid by way of late payment penalty under

subsection 688C(2);

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457 Paragraph 683(e)

Repeal the paragraph, substitute:

(e) amounts equal to amounts paid to NOPSEMA, on behalf of

the Commonwealth, under a contract referred to in subsection

650(1) or (3);

(ea) amounts equal to amounts paid to NOPSEMA, on behalf of

the Commonwealth, under an agreement referred to in

subsection 650(2);

458 Paragraphs 683(f) and (g)

Omit "the Safety Authority", substitute "NOPSEMA".

459 Paragraph 684(1)(a)

Omit "the Safety Authority", substitute "NOPSEMA".

460 Paragraph 684(1)(b)

Omit "the Safety Authority;", substitute "NOPSEMA.".

461 Paragraph 684(1)(c)

Repeal the paragraph.

462 Subsection 684(2)

Omit "the Safety Authority", substitute "NOPSEMA".

463 Section 685

Omit "the Safety Authority" (wherever occurring), substitute

"NOPSEMA".

Note:

The heading to section 685 is altered by omitting "the Safety Authority" and

substituting "NOPSEMA".

464 Subsection 686(4)

Omit "The Safety Authority", substitute "NOPSEMA".

465 Section 686

Omit "the Safety Authority" (wherever occurring), substitute

"NOPSEMA".

466 Subsection 687(6)

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Omit "The Safety Authority", substitute "NOPSEMA".

467 Section 687

Omit "the Safety Authority" (wherever occurring), substitute

"NOPSEMA".

468 Subsection 688(4)

Omit "The Safety Authority", substitute "NOPSEMA".

469 Section 688

Omit "the Safety Authority" (wherever occurring), substitute

"NOPSEMA".

470 Subsection 688A(4)

Omit "The Safety Authority", substitute "NOPSEMA".

471 Section 688A

Omit "the Safety Authority" (wherever occurring), substitute

"NOPSEMA".

472 Subsection 688B(4)

Omit "The Safety Authority", substitute "NOPSEMA".

473 Section 688B

Omit "the Safety Authority" (wherever occurring), substitute

"NOPSEMA".

474 After section 688B

Insert:

688C Environment plan levy

When environment plan levy becomes due and payable

(1) Environment plan levy imposed by the Regulatory Levies Act

becomes due and payable at the time specified in, or worked out in

accordance with, the regulations.

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Late payment penalty

(2) If environment plan levy payable under the Regulatory Levies Act

remains wholly or partly unpaid after it becomes due and payable:

(a) if the levy is payable by a single person--the person is liable

to pay a late payment penalty under this section; or

(b) if the levy is payable jointly and severally by 2 or more

persons--those persons are jointly and severally liable to pay

a late payment penalty under this section.

(3) The late payment penalty is calculated at the rate of 0.333333% per

day on the amount of the environment plan levy remaining unpaid.

(4) NOPSEMA may remit the whole or a part of an amount of late

payment penalty if NOPSEMA considers that there are good

reasons for doing so.

Recovery of environment plan levy and late payment penalty

(5) Each amount of environment plan levy, and each amount of late

payment penalty payable in respect of environment plan levy:

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

and

(b) is recoverable by NOPSEMA, on behalf of the

Commonwealth, in a court of competent jurisdiction.

475 Subsection 689(1)

Omit "The Safety Authority", substitute "NOPSEMA".

476 Paragraph 690(1)(a)

Omit "the Safety Authority's", substitute "NOPSEMA's".

Note:

The heading to subsection 690(1) is replaced by the heading "NOPSEMA".

477 Subparagraphs 690(1)(b)(iii) and (3)(b)(iii)

Omit "the Ministerial Council on Mineral and Petroleum Resources",

substitute "the Standing Council on Energy and Resources".

478 Subsection 691(1)

Omit "the Safety Authority" (wherever occurring), substitute

"NOPSEMA".

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Note:

The heading to section 691 is altered by omitting "the Safety Authority" and

substituting "NOPSEMA".

479 Paragraph 691(1)(a)

Omit "the Safety Authority's" (wherever occurring), substitute

"NOPSEMA's".

480 Subsection 691(2)

Omit "the Safety Authority" (wherever occurring), substitute

"NOPSEMA".

481 Paragraph 691(2)(a)

Omit "the Safety Authority's" (wherever occurring), substitute

"NOPSEMA's".

482 Subsection 691(3)

Omit "The Safety Authority", substitute "NOPSEMA".

483 Subsections 692(1) and (3)

Omit "the Safety Authority", substitute "NOPSEMA".

Note:

The heading to section 692 is altered by omitting "the Safety Authority" and

substituting "NOPSEMA".

484 Subsection 692(3)

Omit "in Safety Authority", substitute "in NOPSEMA".

485 Subsection 692(4)

Omit "the Safety Authority", substitute "NOPSEMA".

486 Subsections 692(4) and (7)

Omit "the Safety Authority's", substitute "NOPSEMA's".

487 Subsection 692(8)

Omit "the Safety Authority", substitute "NOPSEMA".

488 Subsection 692(12)

Omit "The Safety Authority", substitute "NOPSEMA".

489 Section 695

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Repeal the section, substitute:

695 Reviews of operations of NOPSEMA

(1) The responsible Commonwealth Minister must cause to be

conducted reviews of the operation of NOPSEMA in relation to

NOPSEMA waters.

(2) Without limiting the matters to be covered by a review under

subsection (1), the review must include an assessment of the

effectiveness of NOPSEMA in bringing about improvements in:

(a) the occupational health and safety of persons engaged in

offshore petroleum operations or offshore greenhouse gas

storage operations; and

(b) the structural integrity of facilities, wells and well-related

equipment; and

(d) offshore greenhouse gas storage environmental management.

(3) A State or Northern Territory Petroleum Minister may give the

responsible Commonwealth Minister a written request that a

particular review under subsection (1) be conducted in conjunction

with another review that:

(a) is a review of the operations of the NOPSEMA in the

designated coastal waters of the State or of the Northern

Territory, as the case may be; and

(b) is being, or is to be, conducted by the State or Northern

Territory Petroleum Minister at the same time.

The responsible Commonwealth Minister must ensure that the

request is complied with.

Report

(4) The responsible Commonwealth Minister must cause to be

prepared a report of a review under subsection (1).

(5) The responsible Commonwealth Minister must cause copies of a

report under subsection (4) to be tabled in each House of the

Parliament within 15 sitting days of that House after the report is

made available to the responsible Commonwealth Minister.

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First review

(6) The first review is to relate to the 3-year period beginning at the

commencement of this section, and is to be completed within 6

months, or such longer period as the responsible Commonwealth

Minister allows, after the end of that 3-year period.

Subsequent reviews

(7) Subsequent reviews are to relate to successive 5-year periods, and

must be completed within 6 months, or such longer period as the

responsible Commonwealth Minister allows, after the end of the

5-year period to which the review relates.

Definition

(8) For the purposes of this section, a review is completed when the

report of the review is made available to the responsible

Commonwealth Minister.

490 At the end of Division 9 of Part 6.9

Add:

695AA NOPSEMA--consultations

NOPSEMA may consult the Timor Sea Treaty Designated

Authority before exercising any power, or performing any

function, that is conferred on NOPSEMA in relation to the Eastern

Greater Sunrise offshore area under this Act or the regulations.

491 At the end of Chapter 6

Add:

Part 6.10--National Offshore Petroleum Titles

Administrator

Division 1--Introduction

695AB Simplified outline

The following is a simplified outline of this Part:

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�

There is to be a National Offshore Petroleum Titles

Administrator (the Titles Administrator).

�

The main functions of the Titles Administrator are:

(a)

assisting and advising the Joint Authority and the

responsible Commonwealth Minister; and

(b)

keeping registers of titles; and

(c)

data and information management.

Division 2--National Offshore Petroleum Titles

Administrator

695A National Offshore Petroleum Titles Administrator

(1) There is to be a National Offshore Petroleum Titles Administrator.

Note: In

this

Act,

Titles Administrator means the National Offshore

Petroleum Titles Administrator--see section 7.

(2) The Titles Administrator is to be a person who is:

(a) an SES employee in the Department; and

(b) specified in a written instrument made by the Secretary.

(3) An instrument under paragraph (2)(b) is not a legislative

instrument.

695B Functions of the Titles Administrator

(1) The Titles Administrator has the following functions:

(a) to provide information, assessments, analysis, reports, advice

and recommendations to the responsible Commonwealth

Minister in relation to the performance of the functions, or

the exercise of the powers, of a Joint Authority;

(b) to provide information, assessments, analysis, reports, advice

and recommendations to the responsible State Minister, or

responsible Northern Territory Minister, of a Joint Authority,

as the case may be, in relation to the performance of the

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functions, or the exercise of the powers, of the Joint

Authority;

and recommendations to the responsible Commonwealth

Minister in relation to the performance of the functions, or

the exercise of the powers, of the responsible Commonwealth

Minister under this Act or the regulations (other than in his or

her capacity as, or as a member of, a Joint Authority);

(d) to provide information, assessments, analysis, reports, advice

and recommendations to:

(i) the State Petroleum Minister (within the meaning of

Part 6.9) in relation to the performance of the functions,

or the exercise of the powers, of the State Petroleum

Minister under the State PSLA (within the meaning of

Part 6.9); and

(ii) the Northern Territory Petroleum Minister (within the

meaning of Part 6.9) in relation to the performance of

the functions, or the exercise of the powers, of the

Northern Territory Petroleum Minister under the

Territory PSLA (within the meaning of Part 6.9);

(e) to cooperate with NOPSEMA in matters relating to the

administration and enforcement of this Act and the

regulations;

(f) to cooperate with:

(i) other Commonwealth agencies or authorities having

functions relating to regulated operations (within the

meaning of Part 6.9); and

(ii) State and Northern Territory agencies or authorities

having functions relating to regulated operations (within

the meaning of Part 6.9);

(g) such other functions as are conferred on the Titles

Administrator by or under this Act;

(h) the functions conferred on the Titles Administrator by or

under a State PSLA (within the meaning of Part 6.9) or the

Territory PSLA (within the meaning of Part 6.9), so long as

each function substantially corresponds to a function

conferred on the Titles Administrator by or under this Act;

(i) to do anything incidental to or conducive to the performance

of any of the above functions.

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Note:

Other functions conferred on the Titles Administrator by or under this

Act include:

(a) keeping registers of titles under Chapters 4 and 5; and

(b) data and information management under Chapters 7 and 8.

(2) Subsection (1) does not authorise the Titles Administrator to

perform a function mentioned in paragraph (1)(d) or (h) in relation

to a State PSLA (within the meaning of Part 6.9) or the Territory

PSLA (within the meaning of Part 6.9) unless there is in force an

agreement between:

(a) the Titles Administrator on behalf of the Commonwealth;

and

(b) the State Petroleum Minister (within the meaning of Part 6.9)

of the State, or the Northern Territory Petroleum Minister

(within the meaning of Part 6.9), as the case may be;

in relation to the performance of the function.

(3) An agreement under subsection (2):

(a) may deal with the fees payable by the State or Territory to

the Titles Administrator, on behalf of the Commonwealth, for

the performance of those functions; and

(b) must be approved in writing by the responsible

Commonwealth Minister.

695C Acting Titles Administrator

(1) The Secretary may, by written instrument, appoint a person to act

as the Titles Administrator:

(a) during a vacancy in the office of the Titles Administrator

(whether or not an appointment has previously been made to

the office); or

(b) during any period, or during all periods, when the Titles

Administrator:

(i) is absent from duty or Australia; or

(ii) is, for any reason, unable to perform the duties of the

office.

(2) A person is not eligible for appointment to act as the Titles

Administrator unless the person is eligible for appointment as the

Titles Administrator.

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(3) Anything done by or in relation to a person purporting to act under

an appointment is not invalid merely because:

(a) the occasion for the appointment had not arisen; or

(b) there was a defect or irregularity in connection with the

appointment; or

(d) the occasion to act had not arisen or had ceased.

Note:

See sections 20 and 33A of the Acts Interpretation Act 1901.

695D Delegation by the Titles Administrator

(1) The Titles Administrator may, by writing, delegate any or all of the

Titles Administrator's functions or powers to:

(a) an SES employee, or acting SES employee, in the

Department; or

(b) an APS employee who holds or performs the duties of an

Executive Level 2 position, or an equivalent position, in the

Department; or

(2) A delegate must comply with any written directions of the Titles

Administrator.

(3) Subsection (1) does not apply to a power to make, vary or revoke a

legislative instrument.

(4) Paragraphs (1)(b) and (c) do not apply to a power conferred by:

(a) Division 3 of Part 7.1; or

(b) Division 3 of Part 8.1.

Note:

Division 3 of Part 7.1, and Division 3 of Part 8.1, deal with

information-gathering powers.

695E Titles Administrator to be assisted by APS employees in the

Department

The Titles Administrator is to be assisted by APS employees in the

Department who are made available for the purpose by the

Secretary.

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695F Other persons assisting the Titles Administrator

The Titles Administrator may also be assisted:

(a) by officers and employees of Agencies (within the meaning

of the Public Service Act 1999) other than the Department; or

(b) by officers and employees of authorities of the

Commonwealth; or

(d) by officers and employees of authorities of a State or

Territory;

whose services are, with the written approval of the Secretary,

made available to the Titles Administrator in connection with the

performance of any of his or her functions.

695G Consultants

(1) The Titles Administrator may, on behalf of the Commonwealth,

engage persons having suitable qualifications and experience as

consultants to the Titles Administrator.

(2) The consultants are to be engaged on the terms and conditions that

the Titles Administrator determines in writing.

Division 3--National Offshore Petroleum Titles

Administrator Special Account

695H National Offshore Petroleum Titles Administrator Special

Account

(1) The National Offshore Petroleum Titles Administrator Special

Account is established by this section.

(2) The Account is a Special Account for the purposes of the Financial

Management and Accountability Act 1997.

695J Credits to the Account

The following amounts must be credited to the Account:

(a) amounts equal to amounts paid to the Titles Administrator on

behalf of the Commonwealth by way of fees paid under

regulations made for the purposes of subsection 695L(1);

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(b) amounts equal to the following amounts paid to the Titles

Administrator on behalf of the Commonwealth:

(i) amounts paid by way of annual titles administration

levy imposed by the Regulatory Levies Act;

(ii) amounts paid by way of late payment penalty under

subsection 695M(4);

Administrator, on behalf of the Commonwealth, by a State or

the Northern Territory;

(d) amounts equal to any other amounts paid to the Titles

Administrator on behalf of the Commonwealth.

Note:

An Appropriation Act may contain a provision to the effect that, if any

of the purposes of a Special Account is a purpose that is covered by an

item in the Appropriation Act (whether or not the item expressly refers

to the Special Account), then amounts may be debited against the

appropriation for that item and credited to that Special Account.

695K Purposes of the Account

The purposes of the Account are as follows:

(a) to pay or discharge the costs, expenses and other obligations

incurred by the Commonwealth in connection with the

performance of the Titles Administrator's functions or the

exercise of the Titles Administrator's powers;

(b) to pay any remuneration or allowances payable to:

(i) the Titles Administrator; and

(ii) APS employees assisting the Titles Administrator under

section 695E; and

(iii) any consultants engaged under section 695G.

Note:

See section 21 of the Financial Management and Accountability Act

1997 (debits from Special Accounts).

Division 4--Other financial matters

695L Fees

(1) The Titles Administrator may, on behalf of the Commonwealth,

charge such fees as are specified in the regulations for specified

services provided by the Titles Administrator in performing a

function, or exercising a power, of the Titles Administrator under

this Act or the regulations.

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(2) A fee must not be such as to amount to taxation.

(3)

fee:

(a) is a debt due to the Titles Administrator on behalf of the

Commonwealth; and

(b) is recoverable by the Titles Administrator, on behalf of the

Commonwealth, in a court of competent jurisdiction.

695M Annual titles administration levy

Scope

(1) This section applies in relation to annual titles administration levy

imposed by the Regulatory Levies Act in relation to a year of the

term of:

(a) a work-bid petroleum exploration permit; or

(b) a special petroleum exploration permit; or

(d) a petroleum production licence; or

(e) an infrastructure licence; or

(f) a pipeline licence; or

(g) a work-bid greenhouse gas assessment permit; or

(h) a greenhouse gas holding lease; or

(i) a greenhouse gas injection licence.

When annual titles administration levy becomes due and payable

(2) The levy for the first year of the term of the permit, lease or licence

is due and payable at the end of 30 days after the day on which the

term begins.

(3) The levy for a later year of the term of the permit, lease or licence

is due and payable at the end of 30 days after the anniversary of the

day on which the first year of the term begins.

Late payment penalty

(4) If annual titles administration levy payable by a person under the

Regulatory Levies Act remains wholly or partly unpaid after it

becomes due and payable, the person is liable to pay a late

payment penalty under this section.

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(5) The late payment penalty is calculated at the rate of 0.333333% per

day on the amount of the annual titles administration levy

remaining unpaid.

(6) The Titles Administrator may remit the whole or a part of an

amount of late payment penalty if the Titles Administrator

considers that there are good reasons for doing so.

Recovery of annual titles administration levy and late payment

penalty

(7) Each amount of annual titles administration levy, and each amount

of late payment penalty payable in respect of titles administration

levy:

(a) is a debt due to the Titles Administrator on behalf of the

Commonwealth; and

(b) is recoverable by the Titles Administrator, on behalf of the

Commonwealth, in a court of competent jurisdiction.

Division 5--Miscellaneous

695N Annual report

(1) The Titles Administrator must, as soon as practicable after the end

of each financial year, prepare and give to the responsible

Commonwealth Minister, for presentation to the Parliament, a

report on the Titles Administrator's activities during that year.

Note:

See also section 34C of the Acts Interpretation Act 1901, which

contains extra rules about annual reports.

(2) The Titles Administrator must give a copy of the report to:

(a) each State Petroleum Minister (within the meaning of

Part 6.9); and

(b) each State Greenhouse Gas Storage Minister (within the

meaning of Part 6.9); and

(d) the Northern Territory Greenhouse Gas Storage Minister

(within the meaning of Part 6.9); and

(e) the body known as the Standing Council on Energy and

Resources.

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695P Reviews of activities of Titles Administrator

(1) The responsible Commonwealth Minister must cause to be

conducted reviews of the activities of the Titles Administrator.

(2) Without limiting the matters to be covered by a review under

subsection (1), the review must include an assessment of the

effectiveness of the Titles Administrator in contributing to the

efficiency of decision-making by a Joint Authority for a State or

the Northern Territory.

(3) If the Titles Administrator has functions conferred on the Titles

Administrator by or under a law of a State or the Northern

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

case may be, may give the responsible Commonwealth Minister a

written request that a particular review under subsection (1) be

conducted in conjunction with another review that:

(a) is a review of the activities of the Titles Administrator in the

designated coastal waters of the State or of the Northern

Territory, as the case may be; and

(b) is being, or is to be, conducted by the Minister of the State or

the Northern Territory, as the case may be, at the same time.

The responsible Commonwealth Minister must ensure that the

request is complied with.

Report

(4) The responsible Commonwealth Minister must cause to be

prepared a report of a review under subsection (1).

(5) The responsible Commonwealth Minister must cause copies of a

report under subsection (4) to be tabled in each House of the

Parliament within 15 sitting days of that House after the report is

made available to the responsible Commonwealth Minister.

First review

(6) The first review is to relate to the 3-year period beginning on the

commencement of this section, and is to be completed within 6

months, or such longer period as the responsible Commonwealth

Minister allows, after the end of that 3-year period.

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Subsequent reviews

(7) Subsequent reviews are to relate to successive 5-year periods, and

must be completed within 6 months, or such longer period as the

responsible Commonwealth Minister allows, after the end of the

5-year period to which the review relates

Definition

(8) For the purposes of this section, a review is completed when the

report of the review is made available to the responsible

Commonwealth Minister.

695Q Judicial notice of signature of Titles Administrator

(1) All courts must take judicial notice of:

(a) the signature of a person who is, or has been:

(i) the Titles Administrator; or

(ii) a delegate of the Titles Administrator; and

(b) the fact that the person is, or was at a particular time:

(i) the Titles Administrator; or

(ii) a delegate of the Titles Administrator.

(2) In this section:

court includes a person authorised to receive evidence:

(a) by a law of the Commonwealth, a State or a Territory; or

(b) by consent of parties.

695R Communications with responsible Commonwealth Minister

(1) All communications to or by the responsible Commonwealth

Minister under or for the purposes of this Act or the regulations are

to be made through the Titles Administrator.

(2) Subsection (1) does not apply to a communication to or by the

responsible Commonwealth Minister in his or her capacity as, or as

a member of, the Joint Authority for an offshore area.

492 Section 696

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

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493 Subsections 697(2) and (4)

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

Note:

The heading to subsection 697(2) is altered by omitting "Designated Authority" and

substituting "Titles Administrator".

494 Subsection 697(4)

Omit "Designated Authority's", substitute "Titles Administrator's".

495 Paragraph 698(1)(c)

Omit "Designated Authority", substitute "Titles Administrator".

496 Subsection 699(1)

Repeal the subsection, substitute:

Scope

(1) This section applies to a person if:

(a) the Titles Administrator believes on reasonable grounds that

the person has information or a document, or is capable of

giving evidence, that relates to any or all of the following

operations in an offshore area:

(i) petroleum exploration operations;

(ii) petroleum recovery operations;

(iii) operations relating to the processing or storage of

petroleum;

(iv) operations relating to the preparation of petroleum for

transport;

(v) operations connected with the construction or operation

of a pipeline; or

(b) a petroleum project inspector in relation to an offshore area

believes on reasonable grounds that the person has

information or a document, or is capable of giving evidence,

that relates to any or all of the following operations in the

offshore area:

(i) petroleum exploration operations;

(ii) petroleum recovery operations;

(iii) operations relating to the processing or storage of

petroleum;

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(iv) operations relating to the preparation of petroleum for

transport;

(v) operations connected with the construction or operation

of a pipeline.

Note:

The heading to section 699 is altered by omitting "Designated Authority" and

substituting "Titles Administrator".

497 Subsection 699(2)

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

498 Section 701

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

499 Section 703

Omit "Designated Authority", substitute "Titles Administrator".

500 Section 704

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

Note:

The heading to section 704 is altered by omitting "Designated Authority" and

substituting "Titles Administrator".

501 Paragraph 705(a)

Omit "Designated Authority", substitute "Titles Administrator".

502 Paragraph 706(b)

Omit "Designated Authority", substitute "Titles Administrator".

503 At the end of Division 3 of Part 7.1

Add:

707A Directions by Titles Administrator

(1) The Titles Administrator may give written directions to a

petroleum project inspector as to the exercise of the petroleum

project inspector's powers under this Division.

General amendments Schedule 2

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Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 105

(2) A petroleum project inspector must comply with a direction under

subsection (1).

(3) If a direction under subsection (1) is of general application, the

direction is a legislative instrument.

(4) If a direction under subsection (1) relates to a particular case, the

direction is not a legislative instrument.

504 Section 708

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

505 Subsection 709(1)

Omit "Designated Authority in connection with this Act", substitute

"Titles Administrator in connection with Chapter 2 or this Chapter".

Note:

The heading to section 709 is altered by omitting "Designated Authority" and

substituting "Titles Administrator".

506 Subsections 709(2) and (3)

Omit "Designated Authority", substitute "Titles Administrator".

507 Section 710

Before "Designated Authority" (wherever occurring), insert "Titles

Administrator or the".

508 Section 711 (before paragraph (a) of the definition of

applicable document)

Insert:

(aa) an application made to the Titles Administrator under

Chapter 2; or

(ab) a document accompanying such an application; or

(ac) a report, return or other document that relates to a block and

was given to the Titles Administrator under:

(i) Chapter 2 or this Chapter; or

(ii) regulations made for the purposes of section 698; or

509 Section 711 (paragraphs (a) and (c) of the definition of

applicable document)

Schedule 2 General amendments

Part 1 General amendments

106 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

Bill 2011 No. , 2011

After "7 March 2000", insert "and before the commencement of

Part 6.10".

510 Section 711 (definition of petroleum mining sample)

Repeal the definition, substitute:

petroleum mining sample means:

(a) a core or cutting from, or a sample of, the seabed or subsoil;

(b) a sample of petroleum recovered; or

that:

(d) has been given at any time to the Titles Administrator under

regulations made for the purposes of section 698; or

(e) has been given, at any time before the commencement of

Part 6.10, to the Designated Authority;

and includes a portion of such a core, cutting or sample.

511 Subdivision A of Division 2 of Part 7.3

Repeal the heading, substitute:

Subdivision A--Information and samples obtained by the Titles

Administrator

512 Section 712

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

Note:

The heading to section 712 is altered by omitting "Designated Authority" and

substituting "Titles Administrator".

513 Section 713

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

Note:

The heading to section 713 is altered by omitting "Designated Authority" and

substituting "Titles Administrator".

514 Section 714

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

General amendments Schedule 2

General amendments Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 107

Note:

The heading to section 714 is altered by omitting "Designated Authority" and

substituting "Titles Administrator".

515 Paragraph 718(2)(a)

Omit "Designated Authority", substitute "Titles Administrator".

516 Section 720

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

517 Section 722

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

518 Subsection 723(2)

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

Note:

The heading to subsection 723(2) is altered by omitting "responsible Commonwealth

Minister" and substituting "Titles Administrator".

519 After subsection 723(3A)

Insert:

Direction by responsible Commonwealth Minister

(3B) The responsible Commonwealth Minister may give the Titles

Administrator directions about the exercise of the Titles

Administrator's powers under subsection (2).

(3C) A direction under subsection (3B) may:

(a) relate to a particular case; or

(b) be of general application.

520 At the end of section 723

Add:

(5) If a direction under subsection (3B) is of general application, the

direction is a legislative instrument.

(6) If a direction under subsection (3B) relates to a particular case, the

direction is not a legislative instrument.

Schedule 2 General amendments

Part 1 General amendments

108 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

Bill 2011 No. , 2011

Note:

The heading to subsection (4) is replaced by the heading "Directions".

521 Paragraph 724(1)(c)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

522 Paragraph 725(1)(a)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

Note:

The heading to section 725 is altered by omitting "Responsible Commonwealth

Minister" and substituting "Titles Administrator".

523 Subsection 725(2)

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

524 Section 727

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

525 Section 729

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

526 Section 730

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

Note:

The heading to section 730 is altered by omitting "Responsible Commonwealth

Minister" and substituting "Titles Administrator".

527 Paragraph 731(a)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

528 Paragraph 732(b)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

529 At the end of Division 3 of Part 8.1

General amendments Schedule 2

General amendments Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 109

Add:

733A Directions by Titles Administrator

(1) The Titles Administrator may give written directions to a

greenhouse gas project inspector as to the exercise of the

greenhouse gas project inspector's powers under this Division.

(2) A greenhouse gas project inspector must comply with a direction

under subsection (1).

(3) If a direction under subsection (1) is of general application, the

direction is a legislative instrument.

(4) If a direction under subsection (1) relates to a particular case, the

direction is not a legislative instrument.

530 Section 734

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

531 At the end of Part 8.2

Add:

734A Titles Administrator to make documents available to

responsible Commonwealth Minister

Scope

(1) This section applies to a document received or issued by the Titles

Administrator in connection with this Chapter.

Document to be made available to the responsible Commonwealth

Minister

(2) The responsible Commonwealth Minister may require the Titles

Administrator to make copies of the document available to the

responsible Commonwealth Minister.

(3) The Titles Administrator must comply with a requirement under

subsection (2).

532 Section 735

Schedule 2 General amendments

Part 1 General amendments

110 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

Bill 2011 No. , 2011

After "responsible Commonwealth Minister" (wherever occurring),

insert "or the Titles Administrator".

533 Section 736 (paragraph (a) of the definition of applicable

document)

Omit "this Act", substitute "Chapter 3".

534 Section 736 (paragraph (c) of the definition of applicable

document)

Repeal the paragraph, substitute:

that was given, after the commencement of Part 6.10, to the

responsible Commonwealth Minister under Chapter 3 or this

Chapter; or

(d) a report, return or other document that relates to a block and

that was given to the Titles Administrator under regulations

made for the purposes of section 724; or

(e) a report, return or other document that relates to a block and

that was given, before the commencement of Part 6.10, to the

responsible Commonwealth Minister under:

(i) this Act; or

(ii) regulations made for the purposes of section 724.

535 Section 736 (definition of eligible sample)

Repeal the definition, substitute:

eligible sample means:

(a) a core or cutting from, or a sample of, the seabed or subsoil;

(b) a sample of petroleum recovered; or

that:

(d) has been given at any time to the Titles Administrator under

regulations made for the purposes of section 724; or

(e) has been given, at any time before the commencement of

Part 6.10, to the responsible Commonwealth Minister;

and includes a portion of such a core, cutting or sample.

536 Subdivision A of Division 2 of Part 8.3 (heading)

General amendments Schedule 2

General amendments Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 111

Repeal the heading, substitute:

Subdivision A--Information and samples obtained by the

responsible Commonwealth Minister or the Titles

Administrator

537 Section 738

After "responsible Commonwealth Minister" (wherever occurring),

insert "or the Titles Administrator".

Note:

The heading to section 738 is altered by adding at the end "or the Titles

Administrator".

538 Section 739

After "responsible Commonwealth Minister" (wherever occurring),

insert "or the Titles Administrator".

Note:

The heading to section 739 is altered by adding at the end "or the Titles

Administrator".

539 Section 740

After "responsible Commonwealth Minister", insert "or the Titles

Administrator".

Note:

The heading to section 740 is altered by inserting "or the Titles Administrator" after

"Responsible Commonwealth Minister".

540 Section 743

After "responsible Commonwealth Minister" (wherever occurring),

insert "or the Titles Administrator".

541 Part 9.1 (heading)

Repeal the heading, substitute:

Part 9.1--Review of decisions

542 Section 744

Repeal the section, substitute:

744 Simplified outline

The following is a simplified outline of this Part:

Schedule 2 General amendments

Part 1 General amendments

112 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

Bill 2011 No. , 2011

�

Certain decisions of the Titles Administrator and the

responsible Commonwealth Minister relating to the release of

technical information may be reviewed by the Administrative

Appeals Tribunal.

543 Section 745 (definition of reviewable delegated decision)

Repeal the definition.

544 Section 745 (definition of reviewable Ministerial decision)

Repeal the definition, substitute:

reviewable Ministerial decision means a decision of the

responsible Commonwealth Minister under:

(a) regulations made for the purposes of paragraph 738(2)(c) or

739(2)(c); or

(b) clause 6, subclause 7(1), clause 8, or subclause 9(6) or (10),

of Schedule 5.

Note 1:

Paragraph (1)(a) relates to the release of technical information.

Note 2:

Paragraph (1)(c) relates to the release of technical information given

to the Designated Authority before 7 March 2000.

545 Section 745

Insert:

reviewable Titles Administrator decision means a decision of the

Titles Administrator under:

(a) regulations made for the purposes of paragraph 712(2)(c) or

713(2)(c), where the decision is of a kind referred to in

paragraph 718(2)(b); or

(b) regulations made for the purposes of paragraph 715(2)(c) or

716(2)(c).

Note:

Paragraphs (a) and (b) relate to the release of technical information.

546 Section 746

Repeal the section.

547 At the end of Part 9.1

Add:

General amendments Schedule 2

General amendments Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 113

747A Review of reviewable Titles Administrator decision

Applications may be made to the Administrative Appeals Tribunal

for review of a reviewable Titles Administrator decision.

Note:

For notification of decision and review rights, see section 27A of the

Administrative Appeals Tribunal Act 1975.

548 Paragraph 768(1)(d)

Repeal the paragraph, substitute:

(d) the Titles Administrator;

549 Paragraphs 768(1)(e) and (f)

Omit "the Safety Authority", substitute "NOPSEMA".

550 Paragraph 768(1)(j)

Omit "Designated Authority", substitute "Titles Administrator".

551 Paragraph 768(1)(k)

Omit "the Safety Authority" (wherever occurring), substitute

"NOPSEMA".

552 Subsection 768(2)

Omit "Designated Authority or the Safety Authority", substitute "Titles

Administrator or NOPSEMA".

553 Subsection 771(1) (cell at table item 1, column headed "A

document required or permitted by this Act to be given

to...")

Repeal the cell, substitute:

a person other than:

(a) the responsible

Commonwealth

Minister; or

(b) the Titles

Administrator; or

(d) a corporation

554 Subsection 771(1) (table item 2)

Schedule 2 General amendments

Part 1 General amendments

114 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

Bill 2011 No. , 2011

Repeal the item, substitute:

the Titles Administrator

(a) by prepaying and posting the

document as a letter addressed

to the National Offshore

Petroleum Titles Administrator

at the Department; or

(b) by leaving it at an office

occupied by the Titles

Administrator, or by APS

employees assisting the Titles

Administrator, with some

person apparently employed in

connection with the business of

the Titles Administrator and

apparently at least 16 years of

age.

2A NOPSEMA

(a) by prepaying and posting the

document as a letter addressed

to the National Offshore

Petroleum Safety and

Environmental Management

Authority at a place of business

of NOPSEMA; or

(b) by leaving it at an office

occupied by NOPSEMA with

some person apparently

employed in connection with

the business of NOPSEMA and

apparently at least 16 years of

age.

555 Section 772

Omit "the Designated Authority" (wherever occurring), substitute "the

Titles Administrator".

556 Subsection 774(2)

Omit "the Designated Authority", substitute "the Titles Administrator

and NOPSEMA".

557 After subsection 774(3)

Insert:

General amendments Schedule 2

General amendments Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 115

(3A) The joint written notice must be in the form approved, in writing,

by the Titles Administrator and the Chief Executive Officer of

NOPSEMA.

558 Paragraph 774(5)(b)

Omit "the Designated Authority", substitute "the Titles Administrator

and NOPSEMA".

559 After subsection 774(5)

Insert:

(5A) A notice under subsection (5) must be in the form approved, in

writing, by the Titles Administrator and the Chief Executive

Officer of NOPSEMA.

560 Subsection 775A(1)

Omit "Designated Authority", substitute "Titles Administrator".

561 Section 775B

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

562 Section 775C

Omit "Designated Authority" (wherever occurring), substitute

"responsible Commonwealth Minister".

563 Before paragraph 778(1)(a)

Insert:

(aa) the Chief Executive Officer of NOPSEMA; or

564 Paragraph 778(1)(a)

Omit "Secretary of the Department", substitute "Secretary".

565 Subsection 778(3)

Omit all the words after "or the", substitute "regulations as, or as a

member of, the Joint Authority for an offshore area.".

566 At the end of section 778

Add:

Schedule 2 General amendments

Part 1 General amendments

116 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

Bill 2011 No. , 2011

Sub-delegation

(4) If a function or power is delegated to the Chief Executive Officer

of NOPSEMA under subsection (1), the Chief Executive Officer of

NOPSEMA may, by writing, sub-delegate the function or power to

a member of the staff of NOPSEMA.

(5) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901

apply in relation to the sub-delegation in a corresponding way to

the way in which they apply in relation to a delegation.

(6) In performing functions or exercising powers under a

sub-delegation, the sub-delegate must comply with any directions

of the responsible Commonwealth Minister.

567 Paragraph 779(1)(c)

Repeal the paragraph, substitute:

(d)

NOPSEMA;

568 Section 780D

Omit "Secretary of the Department" (wherever occurring), substitute

"Secretary".

569 Subsection 780F(1)

Omit "Secretary of the Department", substitute "Secretary".

570 Subparagraph 780F(3)(b)(i)

Omit "Secretary of the Department", substitute "Secretary".

571 Subparagraph 780F(3)(b)(ii)

Omit "a Designated Authority", substitute "the Titles Administrator".

572 Subparagraph 780F(3)(b)(iv)

Omit "the Safety Authority", substitute "NOPSEMA".

573 Subsection 780F(4)

Omit "Secretary of the Department", substitute "Secretary".

574 Subsection 780F(5)

General amendments Schedule 2

General amendments Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 117

Omit "Secretary of the Department" (wherever occurring), substitute

"Secretary".

575 Clause 2 of Schedule 3

Omit "the Safety Authority", substitute "NOPSEMA".

576 Subclauses 5(1) and (2) of Schedule 3

Omit "the Safety Authority", substitute "NOPSEMA".

577 Subparagraphs 13A(1)(a)(ii), 13A(2)(a)(ii), 13B(1)(a)(ii) and

13B(2)(a)(ii) of Schedule 3

Omit "the wellhead is", substitute "the well is wholly or partly".

578 Clause 26 of Schedule 3

Omit "the Safety Authority" (wherever occurring), substitute

"NOPSEMA".

579 Subclause 30(1) of Schedule 3

Omit "the Safety Authority", substitute "NOPSEMA".

580 Clause 32 of Schedule 3

Omit "the Safety Authority" (wherever occurring), substitute

"NOPSEMA".

581 Subparagraph 34(1)(a)(iii) of Schedule 3

Omit "the Safety Authority", substitute "NOPSEMA".

582 Subclause 35(2) of Schedule 3

Omit "the Safety Authority", substitute "NOPSEMA".

583 Subclause 39(1) of Schedule 3

Omit "the Safety Authority", substitute "NOPSEMA".

584 Clause 44 of Schedule 3

Omit "the Safety Authority" (wherever occurring), substitute

"NOPSEMA".

585 Clause 46 of Schedule 3

Schedule 2 General amendments

Part 1 General amendments

118 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

Bill 2011 No. , 2011

Omit "The Safety Authority" (wherever occurring), substitute

"NOPSEMA".

586 Clause 47 of Schedule 3

Omit "the Safety Authority", substitute "NOPSEMA".

587 Clause 48 of Schedule 3

Omit "The Safety Authority" (wherever occurring), substitute

"NOPSEMA".

588 Subclause 49(2) of Schedule 3

Omit "The Safety Authority", substitute "NOPSEMA".

Note:

The heading to subclause 49(2) of Schedule 3 is altered by omitting "the Safety

Authority" and substituting "NOPSEMA".

589 Subclause 49(2) of Schedule 3

Omit "the Safety Authority", substitute "NOPSEMA".

590 Paragraph 50(2)(d) of Schedule 3

Omit "the Safety Authority's", substitute "NOPSEMA's".

591 Paragraph 51(2)(b) of Schedule 3

Omit "the Safety Authority's", substitute "NOPSEMA's".

592 Subparagraph 52(3)(c)(i) of Schedule 3

Omit "the Safety Authority's", substitute "NOPSEMA's".

593 Subparagraph 56(5)(c)(i) of Schedule 3

Omit "the Safety Authority's", substitute "NOPSEMA's".

594 Subparagraph 57(5)(c)(i) of Schedule 3

Omit "the Safety Authority's", substitute "NOPSEMA's".

595 Subclause 58(4) of Schedule 3

Omit "the Safety Authority" (wherever occurring), substitute

"NOPSEMA".

596 Subclause 65(1) of Schedule 3

General amendments Schedule 2

General amendments Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 119

Omit "the Safety Authority", substitute "NOPSEMA".

597 Subclause 65(2) of Schedule 3

Omit "The Safety Authority", substitute "NOPSEMA".

598 Paragraph 65(2)(b) of Schedule 3

Omit "the Safety Authority", substitute "NOPSEMA".

599 Clause 66 of Schedule 3

Omit "the Safety Authority" (wherever occurring), substitute

"NOPSEMA".

600 Subclauses 80(1) and (3) of Schedule 3

Omit "the Safety Authority", substitute "NOPSEMA".

Note:

The heading to subclause 80(1) of Schedule 3 is altered by omitting "the Safety

Authority" and substituting "NOPSEMA".

601 Subclause 80(4) of Schedule 3

Omit "The Safety Authority", substitute "NOPSEMA".

602 Subclause 80(5) of Schedule 3

Omit "the Safety Authority", substitute "NOPSEMA".

603 Clause 82 of Schedule 3

Omit "the Safety Authority" (wherever occurring), substitute

"NOPSEMA".

604 Subclause 83(1) of Schedule 3

Omit "the Safety Authority", substitute "NOPSEMA".

605 Clause 89 of Schedule 3

Omit "the Safety Authority" (wherever occurring), substitute

"NOPSEMA".

Note:

The heading to subclause 89(1) of Schedule 3 is altered by omitting "Safety Authority"

and substituting "NOPSEMA".

606 Subclause 89(5) of Schedule 3

Omit "The Safety Authority", substitute "NOPSEMA".

Schedule 2 General amendments

Part 1 General amendments

120 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

Bill 2011 No. , 2011

607 Subclauses 2(2), (4), (5) and (6) of Schedule 4

Omit "Designated Authority", substitute "Titles Administrator".

608 Subclause 2(7) of Schedule 4 (note 2)

Omit "Designated Authority", substitute "Titles Administrator".

609 Clause 3 of Schedule 4

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

610 Subclauses 4(2), (4), (5) and (6) of Schedule 4

Omit "Designated Authority", substitute "Titles Administrator".

611 Subclause 4(7) of Schedule 4 (note 2)

Omit "Designated Authority", substitute "Titles Administrator".

612 Subclause 7(1) of Schedule 4

Omit "Designated Authority", substitute "Titles Administrator".

613 Paragraph 4(a) of Schedule 5

Omit "Designated Authority", substitute "Titles Administrator".

614 Subclause 5(1) of Schedule 5

Omit "Designated Authority" (first occurring), substitute "Titles

Administrator".

Note:

The heading to clause 5 of Schedule 5 is altered by omitting "Designated Authority"

and substituting "Titles Administrator".

615 Subclause 5(2) of Schedule 5

Omit "Designated Authority", substitute "Titles Administrator".

616 Clause 6 of Schedule 5

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

617 Subclause 7(1) of Schedule 5

Omit "Designated Authority" (first and second occurring), substitute

"Titles Administrator".

General amendments Schedule 2

General amendments Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 121

618 Paragraph 7(1)(e) of Schedule 5

Omit "Designated Authority" (first occurring), substitute "Titles

Administrator".

619 Clause 8 of Schedule 5

Omit "Designated Authority" (second and third occurring), substitute

"Titles Administrator".

620 Subclause 9(1) of Schedule 5

Omit "Designated Authority" (first occurring), substitute "Titles

Administrator".

621 Paragraph 9(1)(b) of Schedule 5

Omit "Designated Authority", substitute "Titles Administrator".

622 Paragraph 9(1)(e) of Schedule 5

Omit "Designated Authority" (first occurring), substitute "Titles

Administrator".

623 Subclauses 9(3) and (6) of Schedule 5

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

624 Subclause 9(7) of Schedule 5

Omit "Designated Authority for a State or the Northern Territory",

substitute "Titles Administrator".

625 Subclause 9(7) of Schedule 5

Omit "Designated Authority" (second occurring), substitute "Titles

Administrator".

626 Paragraph 9(8)(a) of Schedule 5

Omit "Designated Authority for a State or the Northern Territory",

substitute "Titles Administrator".

627 Subclause 9(12) of Schedule 5

Omit "Designated Authority", substitute "Titles Administrator".

Schedule 2 General amendments

Part 2 Amendments relating to registration fees

122 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

Bill 2011 No. , 2011

Part 2--Amendments relating to registration fees

Offshore Petroleum and Greenhouse Gas Storage Act 2006

628 Paragraph 512(1)(b)

Omit "Designated Authority", substitute "Titles Administrator".

629 Subsection 517(1)

Omit "Designated Authority", substitute "Titles Administrator".

630 Subsection 517(1)

Omit "the Register", substitute "the relevant Register".

631 Subsections 517(2) to (4)

Omit "Designated Authority" (wherever occurring), substitute "Titles

Administrator".

Note:

The heading to subsection 517(2) is altered by omitting "Designated Authority" and

substituting "Titles Administrator".

632 Subsection 517(5)

Omit "Designated Authority concerned", substitute "Titles

Administrator".

Note:

The heading to subsection 517(5) is altered by omitting "Designated Authority" and

substituting "Titles Administrator".

633 Paragraph 561(1)(b)

Omit "responsible Commonwealth Minister", substitute "Titles

Administrator".

634 Subsections 566(1) to (4)

Omit "responsible Commonwealth Minister" (wherever occurring),

substitute "Titles Administrator".

Note:

The heading to subsection 566(2) is altered by omitting "responsible Commonwealth

Minister" and substituting "Titles Administrator".

635 Subsection 566(5)

Omit "responsible Commonwealth Minister concerned", substitute

"Titles Administrator".

General amendments Schedule 2

Amendments relating to registration fees Part 2

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 123

Note:

The heading to subsection 566(5) is altered by omitting "responsible Commonwealth

Minister" and substituting "Titles Administrator".

636 Section 629

Omit "Designated Authority", substitute "Titles Administrator".

Note:

The heading to section 629 is altered by omitting "Designated Authority" and

substituting "Titles Administrator".

Schedule 2 General amendments

Part 3 Transitional provisions commencing on Royal Assent

124 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

Bill 2011 No. , 2011

Part 3--Transitional provisions commencing on

Royal Assent

637 Board members

(1)

The amendments made by this Schedule do not affect the continuity of

an appointment under section 656 of the Offshore Petroleum and

Greenhouse Gas Storage Act 2006.

(2)

Subitem (1) does not limit the operation of section 25B of the Acts

Interpretation Act 1901.

638 CEO

(1)

The amendments made by this Schedule do not affect the continuity of

an appointment under section 665 of the Offshore Petroleum and

Greenhouse Gas Storage Act 2006.

(2)

Subitem (1) does not limit the operation of section 25B of the Acts

Interpretation Act 1901.

639 Translation of references in documents

(1)

The regulations may provide that, after the commencement of Part 1 of

this Schedule, a specified document has effect as if a specified reference

in the document to the Designated Authority were a reference to the

Titles Administrator.

Note:

For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

(2)

The regulations may provide that, after the commencement of Part 1 of

this Schedule, a specified document has effect as if a specified reference

in the document to the Designated Authority were a reference to

NOPSEMA.

Note:

For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

(3)

The regulations may provide that, after the commencement of Part 1 of

this Schedule, a specified document has effect as if a specified reference

in the document to the Designated Authority were a reference to the

responsible Commonwealth Minister.

Note:

For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

(4)

The regulations may provide that, after the commencement of Part 1 of

this Schedule, a specified document has effect as if a specified reference

General amendments Schedule 2

Transitional provisions commencing on Royal Assent Part 3

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in the document to the responsible Commonwealth Minister were a

reference to the Titles Administrator.

Note:

For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

(5)

In this item:

document includes the following:

(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;

(h) a greenhouse gas assessment permit;

(i) a greenhouse gas holding lease;

(j) a greenhouse gas injection licence;

(k) a greenhouse gas search authority;

(l) a greenhouse gas special authority.

640 Transitional--proceedings in courts and tribunals

(1)

The regulations may provide that, if:

(a) specified proceedings are pending in a court or tribunal

immediately before the commencement of Part 1 of this

Schedule; and

(b) the Designated Authority is a party to the proceedings;

then, at the commencement of Part 1 of this Schedule, the Titles

Administrator is substituted as a party to the proceedings.

Note:

For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

(2)

The regulations may provide that, if:

(a) specified proceedings are pending in a court or tribunal

immediately before the commencement of Part 1 of this

Schedule; and

(b) the Designated Authority is a party to the proceedings;

then, at the commencement of Part 1 of this Schedule, NOPSEMA is

substituted as a party to the proceedings.

Note:

For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

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126 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

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(3)

The regulations may provide that, if:

(a) specified proceedings are pending in a court or tribunal

immediately before the commencement of Part 1 of this

Schedule; and

(b) the Designated Authority is a party to the proceedings;

then, at the commencement of Part 1 of this Schedule, the responsible

Commonwealth Minister is substituted as a party to the proceedings.

Note:

For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

(4)

The regulations may provide that, if:

(a) specified proceedings are pending in a court or tribunal

immediately before the commencement of Part 1 of this

Schedule; and

(b) the responsible Commonwealth Minister is a party to the

proceedings;

then, at the commencement of Part 1 of this Schedule, the responsible

Titles Administrator is substituted as a party to the proceedings.

Note:

For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

(5) If:

(a) proceedings are pending in a court or tribunal immediately

before the commencement of Part 1 of this Schedule; and

(b) the Designated Authority is a party to the proceedings; and

administration of justice to do so;

the court or tribunal may, by order, determine:

(d) that regulations made for the purposes of subitem (1), (2) or

(3) do not apply to the proceedings; and

(e) that a person specified in the order is substituted as a party to

the proceedings.

(6) If:

(a) proceedings are pending in a court or tribunal immediately

before the commencement of Part 1 of this Schedule; and

(b) the responsible Commonwealth Minister is a party to the

proceedings; and

administration of justice to do so;

the court or tribunal may, by order, determine:

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(d) that regulations made for the purposes of subitem (4) do not

apply to the proceedings; and

(e) that a person specified in the order is substituted as a party to

the proceedings.

641 Transitional regulations

The Governor-General may make regulations prescribing matters

permitted by this Part to be prescribed.

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128 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

Bill 2011 No. , 2011

Part 4--Transitional provisions commencing on

Proclamation

642 Interpretation

(1)

For the purposes of this Part, if a provision of the Offshore Petroleum

and Greenhouse Gas Storage Act 2006 is amended by this Schedule so

as to transfer a function or power of the Designated Authority for an

offshore area to the Titles Administrator, that provision, as in force

before the commencement of this item, is a Category A provision of the

Offshore Petroleum and Greenhouse Gas Storage Act 2006.

(2)

For the purposes of this Part, if a provision of the Offshore Petroleum

and Greenhouse Gas Storage Act 2006 is amended by this Schedule so

as to transfer a function or power of the Designated Authority for an

offshore area to NOPSEMA, that provision, as in force before the

commencement of this item, is a Category B provision of the Offshore

Petroleum and Greenhouse Gas Storage Act 2006.

(3)

For the purposes of this Part, if a provision of the Offshore Petroleum

and Greenhouse Gas Storage Act 2006 is amended by this Schedule so

as to transfer a function or power of the Designated Authority for an

offshore area to the responsible Commonwealth Minister, that

provision, as in force before the commencement of this item, is a

Category C provision of the Offshore Petroleum and Greenhouse Gas

Storage Act 2006.

(4)

For the purposes of this Part, if a provision of the Offshore Petroleum

and Greenhouse Gas Storage Act 2006 is amended by this Schedule so

as to transfer a function or power of the responsible Commonwealth

Minister to the Titles Administrator, that provision, as in force before

the commencement of this item, is a Category D provision of the

Offshore Petroleum and Greenhouse Gas Storage Act 2006.

643 Transitional--instruments made or given by the

Designated Authority to be attributed to the Titles

Administrator etc.

(1)

This item applies to an instrument if:

(a) the instrument was in force immediately before the

commencement of this item; and

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No. , 2011 129

(b) the instrument was made or given, by the Designated

Authority for an offshore area, under, or for the purposes of,

a Category A provision of the Offshore Petroleum and

Greenhouse Gas Storage Act 2006.

(2)

The instrument has effect, after the commencement of this item, as if it

had been made or given:

(a) by the Titles Administrator; and

(b) under, or for the purposes of, the corresponding provision of

that Act as amended by this Schedule.

644 Transitional--acts of Designated Authority to be

attributed to the Titles Administrator etc.

(1)

This item applies to an act or thing (other than the making or giving of

an instrument) that was done before the commencement of this item:

(a) by, or in relation to, the Designated Authority for an offshore

area; and

(b) under, or for the purposes of, a Category A provision of the

Offshore Petroleum and Greenhouse Gas Storage Act 2006.

(2)

The act or thing has effect, after the commencement of this item, as if it

had been done:

(a) by, or in relation to, the Titles Administrator; and

(b) under, or for the purposes of, the corresponding provision of

that Act as amended by this Schedule.

645 Transitional--instruments made or given by the

Designated Authority to be attributed to NOPSEMA etc.

(1)

This item applies to an instrument if:

(a) the instrument was in force immediately before the

commencement of this item; and

(b) the instrument was made or given, by the Designated

Authority for an offshore area, under, or for the purposes of,

a Category B provision of the Offshore Petroleum and

Greenhouse Gas Storage Act 2006.

(2)

The instrument has effect, after the commencement of this item, as if it

had been made or given:

(a) by NOPSEMA; and

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130 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

Bill 2011 No. , 2011

(b) under, or for the purposes of, the corresponding provision of

that Act as amended by this Schedule.

646 Transitional--acts of Designated Authority to be

attributed to NOPSEMA etc.

(1)

This item applies to an act or thing (other than the making or giving of

an instrument) that was done before the commencement of this item:

(a) by, or in relation to, the Designated Authority for an offshore

area; and

(b) under, or for the purposes of, a Category B provision of the

Offshore Petroleum and Greenhouse Gas Storage Act 2006.

(2)

The act or thing has effect, after the commencement of this item, as if it

had been done:

(a) by, or in relation to, NOPSEMA; and

(b) under, or for the purposes of, the corresponding provision of

that Act as amended by this Schedule.

647 Transitional--instruments made or given by the

Designated Authority to be attributed to the responsible

Commonwealth Minister etc.

(1)

This item applies to an instrument if:

(a) the instrument was in force immediately before the

commencement of this item; and

(b) the instrument was made or given, by the Designated

Authority for an offshore area, under, or for the purposes of,

a Category C provision of the Offshore Petroleum and

Greenhouse Gas Storage Act 2006.

(2)

The instrument has effect, after the commencement of this item, as if it

had been made or given:

(a) by the responsible Commonwealth Minister; and

(b) under, or for the purposes of, the corresponding provision of

that Act as amended by this Schedule.

648 Transitional--acts of Designated Authority to be

attributed to the responsible Commonwealth Minister

etc.

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Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 131

(1)

This item applies to an act or thing (other than the making or giving of

an instrument) that was done before the commencement of this item:

(a) by, or in relation to, the Designated Authority for an offshore

area; and

(b) under, or for the purposes of, a Category C provision of the

Offshore Petroleum and Greenhouse Gas Storage Act 2006.

(2)

The act or thing has effect, after the commencement of this item, as if it

had been done:

(a) by, or in relation to, the responsible Commonwealth

Minister; and

(b) under, or for the purposes of, the corresponding provision of

that Act as amended by this Schedule.

649 Transitional--instruments made or given by the

responsible Commonwealth Minister to be attributed to

the Titles Administrator etc.

(1)

This item applies to an instrument if:

(a) the instrument was in force immediately before the

commencement of this item; and

(b) the instrument was made or given, by the responsible

Commonwealth Minister, under, or for the purposes of, a

Category D provision of the Offshore Petroleum and

Greenhouse Gas Storage Act 2006.

(2)

The instrument has effect, after the commencement of this item, as if it

had been made or given:

(a) by the Titles Administrator; and

(b) under, or for the purposes of, the corresponding provision of

that Act as amended by this Schedule.

650 Transitional--acts of the responsible Commonwealth

Minister to be attributed to the Titles Administrator etc.

(1)

This item applies to an act or thing (other than the making or giving of

an instrument) that was done before the commencement of this item:

(a) by, or in relation to, the responsible Commonwealth

Minister; and

(b) under, or for the purposes of, a Category D provision of the

Offshore Petroleum and Greenhouse Gas Storage Act 2006.

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132 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

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(2)

The act or thing has effect, after the commencement of this item, as if it

had been done:

(a) by, or in relation to, the Titles Administrator; and

(b) under, or for the purposes of, the corresponding provision of

that Act as amended by this Schedule.

651 Transitional--continuation of Registers

(1)

A Register for an offshore area kept under section 469 of the Offshore

Petroleum and Greenhouse Gas Storage Act 2006 after the

commencement of this item is, for all purposes, a continuation of the

for that offshore area immediately before the commencement of this

item.

(2)

The Register kept under section 521 of the Offshore Petroleum and

Greenhouse Gas Storage Act 2006 after the commencement of this item

is, for all purposes, a continuation of the Register kept under

section 521 of that Act by the responsible Commonwealth Minister

immediately before the commencement of this item.

652 Transitional--transfer of Registers by Designated

Authority

(1)

This item applies to a Register that was kept under section 469 of the

Offshore Petroleum and Greenhouse Gas Storage Act 2006 by the

Designated Authority for an offshore area immediately before the

commencement of this item.

(2)

The Register is to be transferred to the Titles Administrator after the

commencement of this item.

653 Transitional--transfer of Register by responsible

Commonwealth Minister

(1)

This item applies to the Register that was kept under section 521 of the

Offshore Petroleum and Greenhouse Gas Storage Act 2006 by the

responsible Commonwealth Minister immediately before the

commencement of this item.

(2)

The Register is to be transferred to the Titles Administrator after the

commencement of this item.

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No. , 2011 133

654 Transitional--transfer of petroleum records to the Titles

Administrator

(1)

This item applies to:

(a) any records or documents that, immediately before the

commencement of this item, were:

(i) in the possession of the Designated Authority for an

offshore area; and

(ii) applicable documents within the meaning of Part 7.3 of,

or Schedule 5 to, the Offshore Petroleum and

Greenhouse Gas Storage Act 2006; and

(b) any cores, cuttings or samples that, immediately before the

commencement of this item, were:

(i) in the possession of the Designated Authority for an

offshore area; and

(ii) petroleum mining samples within the meaning of

Part 7.3 of the Offshore Petroleum and Greenhouse Gas

Storage Act 2006.

(2)

The records, documents, cores, cuttings and samples are to be

transferred to the Titles Administrator after the commencement of this

item.

655 Transitional--transfer of greenhouse gas records to the

Titles Administrator

(1)

This item applies to:

(a) any records or documents that, immediately before the

commencement of this item, were:

(i) in the possession of the responsible Commonwealth

Minister; and

(ii) applicable documents within the meaning of Part 8.3 of

the Offshore Petroleum and Greenhouse Gas Storage

Act 2006; and

(b) any cores, cuttings or samples that, immediately before the

commencement of this item, were:

(i) in the possession of the responsible Commonwealth

Minister; and

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134 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

Bill 2011 No. , 2011

(ii) eligible samples within the meaning of Part 8.3 of the

Offshore Petroleum and Greenhouse Gas Storage Act

2006.

(2)

The records, documents, cores, cuttings and samples are to be

transferred to the Titles Administrator after the commencement of this

item.

656 Transitional regulations

The Governor-General may make regulations in relation to transitional

matters arising out of the amendments made by this Schedule.

Amendments relating to annual fees Schedule 3

Repeal of the Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act 2006

Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 135

Schedule 3--Amendments relating to annual

fees

Part 1--Repeal of the Offshore Petroleum and

Greenhouse Gas Storage (Annual Fees) Act

2006

Offshore Petroleum and Greenhouse Gas Storage (Annual

Fees) Act 2006

1 The whole of the Act

Repeal the Act.

Schedule 3 Amendments relating to annual fees

Part 2 Consequential amendments

136 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

Bill 2011 No. , 2011

Part 2--Consequential amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

2 Section 7 (definition of Annual Fees Act)

Repeal the definition.

3 Paragraph 270(3)(a)

Omit "Acts".

4 Subparagraph 270(3)(a)(iii)

Repeal the subparagraph, substitute:

(iii) section 10E of the Regulatory Levies Act;

5 Subparagraph 274(d)(iii)

Repeal the subparagraph, substitute:

(iii) section 10E of the Regulatory Levies Act;

6 Subparagraph 277(3)(a)(iii)

Repeal the subparagraph, substitute:

(iii) section 10E of the Regulatory Levies Act;

7 Subparagraph 277(4)(a)(iii)

Repeal the subparagraph, substitute:

(iii) section 10E of the Regulatory Levies Act;

8 Paragraph 442(3)(a)

Omit "Acts".

9 Subparagraph 442(3)(a)(ii)

Repeal the subparagraph, substitute:

(ii) section 10E of the Regulatory Levies Act;

10 Subparagraph 446(d)(ii)

Repeal the subparagraph, substitute:

(ii) section 10E of the Regulatory Levies Act;

Amendments relating to annual fees Schedule 3

Consequential amendments Part 2

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 137

11 Subparagraph 449(3)(a)(ii)

Repeal the subparagraph, substitute:

(ii) section 10E of the Regulatory Levies Act;

12 Subparagraph 449(4)(a)(ii)

Repeal the subparagraph, substitute:

(ii) section 10E of the Regulatory Levies Act;

13 Paragraph 589(2)(e)

Repeal the paragraph, substitute:

(e) any amounts payable by that person under section 10E of the

Regulatory Levies Act, so long as the amount concerned is

due and payable.

14 Paragraph 597(2)(d)

Repeal the paragraph, substitute:

(d) any amounts payable by that person under section 10E of the

Regulatory Levies Act, so long as the amount concerned is

due and payable.

15 Division 1 of Part 6.7

Repeal the Division.

Schedule 3 Amendments relating to annual fees

Part 3 Application and transitional provisions

138 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

Bill 2011 No. , 2011

Part 3--Application and transitional provisions

16 Application of repeal

The repeal of the Offshore Petroleum and Greenhouse Gas Storage

(Annual Fees) Act 2006 by this Schedule applies:

(a) to the extent to which that Act relates to a year of the term of:

(i) a work-bid petroleum exploration permit; or

(ii) a special petroleum exploration permit; or

(iii) a petroleum retention lease; or

(iv) a petroleum production licence; or

(v) an infrastructure licence; or

(vi) a pipeline licence;

to such a year that begins at or after the commencement of

this item; and

(b) to the extent to which that Act relates to a year of the term of:

(i) a work-bid greenhouse gas assessment permit; or

(ii) a greenhouse gas holding lease; or

(iii) a greenhouse gas injection licence;

to such a year that begins at or after the commencement of

this item.

17 Transitional

Despite the amendments of the Offshore Petroleum and Greenhouse

Gas Storage Act 2006 made by this Schedule, that Act continues to

apply, after the commencement of this item, in relation to:

(a) a fee payable under the repealed Offshore Petroleum and

Greenhouse Gas Storage (Annual Fees) Act 2006; and

(b) late payment penalty payable in relation to such a fee;

as if those amendments had not been made.

Amendments relating to registration fees Schedule 4

Repeal of the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act

2006 Part 1

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 139

Schedule 4--Amendments relating to

registration fees

Part 1--Repeal of the Offshore Petroleum and

Greenhouse Gas Storage (Registration

Fees) Act 2006

Offshore Petroleum and Greenhouse Gas Storage

(Registration Fees) Act 2006

1 The whole of the Act

Repeal the Act.

Schedule 4 Amendments relating to registration fees

Part 2 Consequential amendments

140 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

Bill 2011 No. , 2011

Part 2--Consequential amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

2 Section 7 (definition of Registration Fees Act)

Repeal the definition.

3 At the end of section 473

Add:

Note:

Section 516A requires the application to be accompanied by an

application fee.

4 Subsection 479(3)

Omit "On payment of the fee provided for in the Registration Fees Act,

the", substitute "The".

5 At the end of section 488

Add:

Note:

Section 516A requires the application to be accompanied by an

application fee.

6 Subsection 494(3)

Omit "On payment of the fee provided for in the Registration Fees Act,

the", substitute "The".

7 At the end of section 498

Add:

Note:

Section 516A requires the provisional application to be accompanied

by an application fee.

8 Section 512

Repeal the section.

9 After section 516

Insert:

Amendments relating to registration fees Schedule 4

Consequential amendments Part 2

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 141

516A Application fee

(1) An eligible application must be accompanied by the fee (if any)

prescribed by the regulations.

Note: For

eligible application, see subsection (4).

(2) Different fees may be prescribed for different eligible applications.

(3) A fee must not be such as to amount to taxation.

(4) For the purposes of this section, each of the following is an eligible

application:

(a) an application for the approval of the transfer of a title;

(b) an application for the approval of a dealing (other than an

application covered by section 502);

10 Section 517

Repeal the section.

11 At the end of section 525

Add:

Note:

Section 565A requires the application to be accompanied by an

application fee.

12 Subsection 530(3)

Omit "On payment of the fee provided for in the Registration Fees Act,

the", substitute "The".

13 At the end of section 539

Add:

Note:

Section 565A requires the application to be accompanied by an

application fee.

14 Subsection 544(3)

Omit "On payment of the fee provided for in the Registration Fees Act,

the", substitute "The".

15 At the end of section 548

Add:

Schedule 4 Amendments relating to registration fees

Part 2 Consequential amendments

142 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

Bill 2011 No. , 2011

Note:

Section 565A requires the provisional application to be accompanied

by an application fee.

16 Section 561

Repeal the section.

17 After section 565

Insert:

565A Application fee

(1) An eligible application must be accompanied by the fee (if any)

prescribed by the regulations.

Note: For

eligible application, see subsection (4).

(2) Different fees may be prescribed for different eligible applications.

(3) A fee must not be such as to amount to taxation.

(4) For the purposes of this section, each of the following is an eligible

application:

(a) an application for the approval of the transfer of a title;

(b) an application for the approval of a dealing (other than an

application covered by section 551);

18 Section 566

Repeal the section.

19 Division 2 of Part 6.7

Repeal the Division.

20 After paragraph 636(1)(e)

Insert:

(eaa) a fee under subsection 516A(1);

21 Before paragraph 636(1)(f)

Insert:

(ec) a fee under subsection 565A(1);

Amendments relating to registration fees Schedule 4

Application and transitional provisions Part 3

Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

No. , 2011 143

Part 3--Application and transitional provisions

22 Application of repeal

The repeal of the Offshore Petroleum and Greenhouse Gas Storage

(Registration Fees) Act 2006 by this Schedule applies:

(a) to the extent to which that Act relates to the entry, under

section 479 of the Offshore Petroleum and Greenhouse Gas

Storage Act 2006, of a memorandum of the transfer of a

title--to such an entry made in response to an application

made after the commencement of this item; and

(b) to the extent to which that Act relates to the entry, under

section 494 of the Offshore Petroleum and Greenhouse Gas

Storage Act 2006, of the approval of a dealing--to such an

entry made in response to an application or provisional

application made after the commencement of this item; and

section 530 of the Offshore Petroleum and Greenhouse Gas

Storage Act 2006, of a memorandum of the transfer of a

title--to such an entry made in response to an application

made after the commencement of this item; and

(d) to the extent to which that Act relates to the entry, under

section 544 of the Offshore Petroleum and Greenhouse Gas

Storage Act 2006, of the approval of a dealing--to such an

entry made in response to an application or provisional

application made after the commencement of this item.

23 Application of provisions relating to application fees

(1)

Section 516A of the Offshore Petroleum and Greenhouse Gas Storage

Act 2006 as amended by this Schedule applies to eligible applications

made after the commencement of this item.

(2)

Section 565A of the Offshore Petroleum and Greenhouse Gas Storage

Act 2006 as amended by this Schedule applies to eligible applications

made after the commencement of this item.

24 Transitional

Schedule 4 Amendments relating to registration fees

Part 3 Application and transitional provisions

144 Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator)

Bill 2011 No. , 2011

Despite the amendments of the Offshore Petroleum and Greenhouse

Gas Storage Act 2006 made by this Schedule, that Act continues to

apply, after the commencement of this item, in relation to a fee imposed

by the repealed Offshore Petroleum and Greenhouse Gas Storage

(Registration Fees) Act 2006, as if those amendments had not been

made.

Commonwealth of Australia Bills

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE AMENDMENT (NATIONAL REGULATOR) BILL 2011