OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE LEGISLATION AMENDMENT BILL 2009

i Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No.

, 2009

Contents

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

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

Schedule(s) ......................................................................................... 2

Schedule 1--Amendme nts

Part 1--Access authorities

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Part 2--Locations

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Part 3--Petroleum scientific investigation consents

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Part 4--Occupational health and safety prosecutions

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Part 5--Notification of discovery of petroleum

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Part 6--Datum

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Part 7--Pipeline safety management plan levy

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Part 8--Consent to operate a pipeline

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Part 9--Data management plans

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Part 10--Occupational health and safety duties

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Part 11--Maps

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Part 12--Judicial review of administrative decisions

Administrative Decisions (Judicial Review) Act 1977

Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. ,

2009 ii

Part 13--Greenhouse gas storage

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Part 14--Technical corrections

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Offshore Petroleum and Greenhouse Gas Storage (Annual Fees) Act

2006

Offshore Petroleum and Greenhouse Gas Storage (Registration Fees)

Act 2006

Offshore Petroleum (Royalty) Act 2006

Petroleum Resource Rent Tax Assessment Act 1987

Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. ,

2009 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 Legislation Amendment Act 2009.

2 Commence ment

(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 Legislation Amendment Bill 2009

No. , 2009

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 on which this Act receives the

Royal Assent.

2. Schedule 1,

Parts 1 to 6

The day after this Act receives the Royal

Assent.

3. Schedule 1,

Parts 7 and 8

1 January 2010.

1 January 2010

4. Schedule 1,

Parts 9 to 14

The day after this Act receives the Royal

Assent.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

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

repealed as set out in the applicable items in the Schedule

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

according to its terms.

Amend ments Schedule 1

Access authorities Part 1

Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. ,

2009 3

Schedule 1

Amendments

Part 1

Access authorities

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 At the end of subsection 245(1)

Add:

; and (d) the registered holder of the petroleum exploration permit,

petroleum retention lease, petroleum production licence or

petroleum special prospecting authority has not given written

consent to the grant of the petroleum access authority.

2 Application of amendment

The amendment made by this Part applies in relation to an application

for a petroleum access authority if the application was made after the

commencement of this item.

Schedule 1 A mendments

Part 2 Locations

4 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009

No. , 2009

Part 2

Locations

Offshore Petroleum and Greenhouse Gas Storage Act 2006

3 Section 95

Omit:

�

If a petroleum pool is identified in a petroleum exploration

permit area, the Designated Authority may declare a location

over the blocks to which the petroleum pool extends.

substitute:

�

If a petroleum pool is identified in a petroleum exploration

permit area, the Joint Authority may declare a location over

the blocks to which the petroleum pool extends.

4 Section 96

Omit:

�

If a petroleum pool is identified in a petroleum exploration

permit area, the Designated Authority may declare a location

over the blocks to which the petroleum pool extends.

substitute:

�

If a petroleum pool is identified in a petroleum exploration

permit area, the Joint Authority may declare a location over

the blocks to which the petroleum pool extends.

5 Section 128

Omit:

�

If a petroleum pool is identified in a petroleum exploration

permit area, the Designated Authority may declare a location

over the blocks to which the petroleum pool extends.

Amend ments Schedule 1

Locations Part 2

Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. ,

2009 5

substitute:

�

If a petroleum pool is identified in a petroleum exploration

permit area, the Joint Authority may declare a location over

the blocks to which the petroleum pool extends.

6 Section 128

Omit:

�

The Designated Authority may require the permittee to

nominate the blocks.

substitute:

�

The Joint Authority may require the permittee to nominate the

blocks.

7 Paragraph 129(5)(b)

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

8 Subsections 130(1), (2) and (3)

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

Authority".

9 Subsections 131(1), (3) and (4)

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

Authority".

Note:

The heading to subsection 131(4) is altered by omitting "Designated Authority" and

substituting "Joint Authority".

10 Subsections 132(1), (3), (6), (7) and (8)

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

Authority".

11 Subsections 133(1), (3) and (5)

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

Authority".

Schedule 1 A mendments

Part 2 Locations

6 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009

No. , 2009

12 Transitional

decisions of Designated Authority etc.

(1)

This item applies to an act or thing 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 provision of Division 6 of

Part 2.2 of the Offshore Petroleum and Greenhouse Gas

Storage Act 2006.

Note:

See also clauses 4 and 5 of Schedule 6 to 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 Joint Authority for the offshore area;

and

(b) under, or for the purposes of, the corresponding provision of

that Act as amended by this Part.

Amend ments Schedule 1

Petroleu m scientific investigation consents Part 3

Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. ,

2009 7

Part 3

Petroleum scientific investigation consents

Offshore Petroleum and Greenhouse Gas Storage Act 2006

13 Subsection 253(1)

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

Authority".

14 Subsection 254(1)

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

15 Transitional

decisions of Designated Authority

(1)

This item applies to an act or thing that was done before the

commencement of this item:

(a) by the Designated Authority for an offshore area; and

(b) under subsection 253(1) or 254(1) 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 the Joint Authority for the offshore area; and

(b) under the corresponding provision of that Act as amended by

this Part.

Schedule 1 A mendments

Part 4 Occupational health and safety prosecutions

8 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009

No. , 2009

Part 4

Occupational health and safety prosecutions

Offshore Petroleum and Greenhouse Gas Storage Act 2006

16 At the end of clause 41 of Schedule 6

Add:

; and (c) regulations set out in or prescribed for the purposes of

subsection 140H(2) of the repealed Petroleum (Submerged

Lands) Act 1967, to the extent that those regulations were in

force before the commencement of this clause.

Amend ments Schedule 1

Notification of d iscovery of petroleum Part 5

Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. ,

2009 9

Part 5

Notification of discovery of petroleum

Offshore Petroleum and Greenhouse Gas Storage Act 2006

17 Subsection 284(1)

Omit "or a petroleum retention lease area", substitute ", a petroleum

retention lease area or a petroleum production licence area".

Note:

The heading to section 284 is altered by omitting "or petroleum retention lease area"

and substituting ", petroleum retention lease area or petroleum production licence

area".

18 Subsections 284(2) and (3)

Repeal the subsections, substitute:

Notification

(2) The permittee, lessee or licensee must inform the Designated

Authority of the discovery before the end of the 30-day period that

began on the day of completion of the well that resulted in the

discovery.

19 Subsection 284(4)

Omit "Subsections (2) and (3) do", substitute "Subsection (2) does".

20 Paragraph 284(5)(a)

Omit "or (3)".

21 Subsections 452(2) and (3)

Repeal the subsections, substitute:

Notification

(2) The permittee, lessee or licensee must inform the responsible

Commonwealth Minister of the discovery before the end of the

30-day period that began on the day of completion of the well that

resulted in the discovery.

22 Subsection 452(4)

Omit "Subsections (2) and (3) do", substitute "Subsection (2) does".

Amend ments Schedule 1

Datum Part 6

Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. ,

2009 11

Part 6

Datum

Offshore Petroleum and Greenhouse Gas Storage Act 2006

24 Section 42 (table item 8)

Repeal the item, substitute:

a greenhouse gas assessment permit

the permit area of a greenhouse gas

assessment permit granted after the

changeover time

a greenhouse gas holding lease

the lease area of a greenhouse gas

holding lease granted after the

changeover time

a greenhouse gas injection licence

the licence area of a greenhouse gas

injection licence granted after the

changeover time

a greenhouse gas search authority

the authority area of a greenhouse

gas search authority granted after the

changeover time

a greenhouse gas special authority

the authority area of a greenhouse

gas special authority granted after

the changeover time

any other instrument under this Act

a point, line or area set out in any

other instrument made under this

Act made after the changeover time

25 Section 42 (note)

After "Note", insert "1".

26 At the end of section 42 (after the note)

Add:

Note 2:

A grant of a greenhouse gas holding lease may be a grant by way of

renewal--see section 11.

27 Subsection 43(1) (table item 8)

Repeal the item, substitute:

Schedule 1 A mendments

Part 6 Datu m

12 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009

No. , 2009

a greenhouse gas assessment permit

the permit area of a greenhouse gas

assessment permit that was in force

immed iately before the changeover

time

a greenhouse gas holding lease

the lease area of a greenhouse gas

holding lease that was in force

immed iately before the changeover

time

a greenhouse gas injection licence

the licence area of a greenhouse gas

injection licence that was in force

immed iately before the changeover

time

a greenhouse gas search authority

the authority area of a greenhouse

gas search authority that was in

force immediately before the

changeover time

a greenhouse gas special authority

the authority area of a greenhouse

gas special authority that was in

force immediately before the

changeover time

any other instrument under this Act

a point, line or area set out in any

other instrument under this Act that

was in force immediately before the

changeover time

28 Sections 44 and 45

Repeal the sections, substitute:

44 Variation of titles and instruments

Petroleum titles and instruments

(1) The table has effect:

Variation of titles and instruments

Item

The Designated Authority may

issue an instrument varying...

for the sole purpose of...

a petroleum exp loration permit that

was in force immediately before the

changeover time

relabelling the permit area using

geographic coordinates based on the

current datum.

Amend ments Schedule 1

Datum Part 6

Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. ,

2009 13

Variation of titles and instruments

Item

The Designated Authority may

issue an instrument varying...

for the sole purpose of...

a petroleum retention lease that was

in force immediately befo re the

changeover time

relabelling the lease area using

geographic coordinates based on the

current datum.

a petroleum production licence that

was in force immediately before the

changeover time

relabelling the licence area using

geographic coordinates based on the

current datum.

an infrastructure licence that was in

force immediately before the

changeover time

relabelling the licence area using

geographic coordinates based on the

current datum.

a petroleum special prospecting

authority or a petroleum access

authority that was in force

immed iately before the changeover

time

relabelling the authority area using

geographic coordinates based on the

current datum.

a pipeline licence that was in force

immed iately before the changeover

time

relabelling the route of the pipeline

using geographic coordinates based

on the current datum.

any other instrument under this Act

that:

(a) sets out a point, line or area; and

(b) was in force immediately befo re

the changeover time

relabelling the point, line or area

using geographic coordinates based

on the current datum.

a petroleum title or other instrument

under this Act

inserting an annotation about the

applicable datum.

Note:

For publication in the Gazette of notice of the variation, see

section 708.

Greenhouse gas titles and instruments

(2) The table has effect:

Variation of titles and instrume nts

Item

The responsible Commonwealth

Minister may issue an instrument

varying...

for the sole purpose of...

a greenhouse gas assessment permit

that was in force immed iately before

relabelling the permit area using

geographic coordinates based on the

Schedule 1 A mendments

Part 6 Datu m

14 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009

No. , 2009

Variation of titles and instrume nts

Item

The responsible Commonwealth

Minister may issue an instrument

varying...

for the sole purpose of...

the changeover time

current datum.

a greenhouse gas holding lease that

was in force immediately before the

changeover time

relabelling the lease area using

geographic coordinates based on the

current datum.

a greenhouse gas injection licence

that was in force immed iately before

the changeover time

relabelling the licence area using

geographic coordinates based on the

current datum.

a greenhouse gas search authority

that was in force immed iately before

the changeover time

relabelling the authority area using

geographic coordinates based on the

current datum.

a greenhouse gas special authority

that was in force immed iately before

the changeover time

relabelling the authority area using

geographic coordinates based on the

current datum.

any other instrument under this Act

that:

(a) sets out a point, line or area; and

(b) was in force immediately befo re

the changeover time

relabelling the point, line or area

using geographic coordinates based

on the current datum.

a greenhouse gas title or other

instrument under this Act

inserting an annotation about the

applicable datum.

Note:

For publication in the Gazette of notice of the variation, see

section 708.

45 Variation of applications for titles

Petroleum titles

(1) The Designated Authority may issue an instrument varying an

application for a petroleum title for the sole purpose of relabelling

a point, line or area by reference to geographic coordinates based

on the current datum.

Greenhouse gas titles

(2) The responsible Commonwealth Minister may issue an instrument

varying an application for a greenhouse gas title for the sole

Amend ments Schedule 1

Datum Part 6

Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. ,

2009 15

purpose of relabelling a point, line or area by reference to

geographic coordinates based on the current datum.

29 At the end of Part 4.2

Add:

471A Notation in Register--applicable datum

The Designated Authority may make a notation in the Register

about the applicable datum for a title, petroleum special

prospecting authority, notice or instrument.

30 At the end of Part 5.2

Add:

523A Notation in Register--applicable datum

The responsible Commonwealth Minister may make a notation in

the Register about the applicable datum for a title, greenhouse gas

search authority, notice or instrument.

31 Transitional

pre-commencement variations

The amendments made by this Part do not affect the validity of a

variation made before the commencement of this item.

Schedule 1 A mendments

Part 7 Pipeline safety management plan levy

16 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009

No. , 2009

Part 7

Pipeline safety management plan levy

Offshore Petroleum and Greenhouse Gas Storage Act 2006

32 Paragraph 683(d)

Repeal the paragraph.

33 Section 688

Repeal the section.

34 Application of amendments

Despite the amendments made by this Part, paragraph 683(d) and

section 688 of the Offshore Petroleum and Greenhouse Gas Storage Act

2006 continue to apply, after the commencement of this item, in relation

to:

(a) pipeline safety management plan levy imposed by repealed

Part 4 of the Offshore Petroleum and Greenhouse Gas

Storage (Safety Levies) Act 2003; and

(b) late payment penalty in relation to pipeline safety

management plan levy covered by paragraph (a);

as if those amendments has not been made.

Amend ments Schedule 1

Consent to operate a pipeline Part 8

Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. ,

2009 17

Part 8

Consent to operate a pipeline

Offshore Petroleum and Greenhouse Gas Storage Act 2006

35 Subsections 210(3), (4), (5) and (6)

Repeal the subsections.

36 Subsections 210(7) and (8)

Omit "Subsections (1), (3) and (5) do not apply", substitute

"Subsection (1) does not apply".

37 Subsection 210(9)

Repeal the subsection.

Schedule 1 A mendments

Part 9 Data management plans

18 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009

No. , 2009

Part 9

Data management plans

Offshore Petroleum and Greenhouse Gas Storage Act 2006

38 Subsections 698(2), (3) and (4)

Repeal the subsections.

39 Subsections 724(2), (3) and (4)

Repeal the subsections.

40 Transitional

data management plans

(1)

This item applies to a data management plan if, immediately before the

commencement of this item, the plan was in force under regulations

made for the purposes of subsection 698(2) of the Offshore Petroleum

and Greenhouse Gas Storage Act 2006.

(2)

Despite the repeal of subsection 698(2) of the Offshore Petroleum and

Greenhouse Gas Storage Act 2006 by this Act:

(a) the plan continues to have effect; and

(b) the regulations, to the extent that they relate to:

(i) the contents of the plan; or

(ii) the variation of the plan; or

(iii) the duration of the plan; or

(iv) compliance with the plan;

continue to apply in relation to the plan;

as if the repeal had not happened.

Amend ments Schedule 1

Occupational health and safety duties Part 10

Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. ,

2009 19

Part 10

Occupational health and safety duties

Offshore Petroleum and Greenhouse Gas Storage Act 2006

41 After subclause 9(4) of Schedule 3

Insert:

(4A) Absolute liability applies to paragraph (4)(a).

Note:

For absolute liability, see section 6.2 of the Criminal Code.

(4B) The fault element for paragraphs (4)(b) and (c) is negligence.

42 Subclause 10(4) of Schedule 3 (penalty)

Omit "for contravention of this subclause".

43 At the end of clause 10 of Schedule 3

Add:

(5) Absolute liability applies to paragraph (4)(a).

Note:

For absolute liability, see section 6.2 of the Criminal Code.

(6) The fault element for paragraphs (4)(b) and (c) is negligence.

44 After subclause 11(5) of Schedule 3

Insert:

(5A) Absolute liability applies to paragraph (5)(a).

Note:

For absolute liability, see section 6.2 of the Criminal Code.

(5B) The fault element for paragraphs (5)(b) and (c) is negligence.

45 After subclause 12(3) of Schedule 3

Insert:

(3A) Absolute liability applies to paragraph (3)(a).

Note:

For absolute liability, see section 6.2 of the Criminal Code.

(3B) The fault element for paragraphs (3)(b) and (c) is negligence.

46 After subclause 13(2) of Schedule 3

Schedule 1 A mendments

Part 10 Occupational health and safety duties

20 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009

No. , 2009

Insert:

(2A) Absolute liability applies to paragraph (2)(a).

Note:

For absolute liability, see section 6.2 of the Criminal Code.

(2B) The fault element for paragraphs (2)(b) and (c) is negligence.

47 After clause 13 of Schedule 3

Insert:

13A Duties of titleholde rs in relation to the design of facilities

Duties of petroleum titleholder

(1) If a proposed facility is for use in connection with operations

authorised by:

(a) a petroleum exploration permit; or

(b) a petroleum retention lease; or

(d) an infrastructure licence; or

(e) a pipeline licence;

the permittee, lessee or licensee must take all reasonably

practicable steps to ensure that the facility is so designed as to be,

when properly used, safe and without risk to health.

Greenhouse gas titleholder

(2) If a proposed facility is for use in connection with operations

authorised by:

(a) a greenhouse gas assessment permit; or

(b) a greenhouse gas holding lease; or

the permittee, lessee or licensee must take all reasonably

practicable steps to ensure that the facility is so designed as to be,

when properly used, safe and without risk to health.

Offence

(3) A person commits an offence if:

(a) the person is subject to a requirement under subclause (1) or

(2); and

Amend ments Schedule 1

Occupational health and safety duties Part 10

Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. ,

2009 21

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

Penalty: 200 penalty units.

(4) Absolute liability applies to paragraph (3)(a).

Note:

For absolute liability, see section 6.2 of the Criminal Code.

(5) The fault element for paragraphs (3)(b) and (c) is negligence.

48 After subclause 14(2) of Schedule 3

Insert:

(2A) Absolute liability applies to paragraph (2)(a).

Note:

For absolute liability, see section 6.2 of the Criminal Code.

(2B) The fault element for paragraphs (2)(b) and (c) is negligence.

49 After subclause 15(2) of Schedule 3

Insert:

(2A) Absolute liability applies to paragraph (2)(a).

Note:

For absolute liability, see section 6.2 of the Criminal Code.

(2B) The fault element for paragraphs (2)(b) and (c) is negligence.

Schedule 1 A mendments

Part 12 Judicial review of ad ministrative decisions

24 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009

No. , 2009

Part 12

Judicial review of administrative decisions

Administrative Decisions (Judicial Review) Act 1977

52 After paragraph 2(h) of Schedule 3

Insert:

(ha) the Petroleum (Submerged Lands) Act 1982 of Western

Australia;

Amend ments Schedule 1

Greenhouse gas storage Part 13

Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. ,

2009 25

Part 13

Greenhouse gas storage

Offshore Petroleum and Greenhouse Gas Storage Act 2006

53 After subsection 21(7)

Insert:

(7A) In making an estimate under paragraph (6)(e) or (7)(f), disregard

subsection 388(8).

54 Paragraph 297(1)(b)

Omit "greenhouse gas holding lease over the block", substitute

"greenhouse gas holding lease, or a greenhouse gas injection licence,

over the block".

55 Paragraph 297(3)(b)

Omit "day", substitute "day before the day".

56 Paragraph 297(3)(d)

After "lessee", insert "or licensee".

57 Paragraph 304(1)(b)

Omit "greenhouse gas holding lease or a greenhouse gas injection

licence over the block", substitute "greenhouse gas holding lease, or a

greenhouse gas injection licence, over the block".

58 Paragraph 304(3)(b)

Omit "day", substitute "day before the day".

59 Paragraph 304(3)(d)

After "lessee", insert "or licensee".

60 Subsection 358(8)

After "a petroleum production licence", insert "on the basis that the

responsible Commonwealth Minister is satisfied of the matter set out in

subparagraph 370(c)(i)".

61 After subsection 358(8)

Schedule 1 A mendments

Part 13 Greenhouse gas storage

26 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009

No. , 2009

Insert:

(8A) If a greenhouse gas injection licence is granted under section 372

to the registered holder of a petroleum production licence on the

basis that the responsible Commonwealth Minister is satisfied of

the matter set out in subparagraph 370(c)(ii), the specified origin or

origins of some or all of the greenhouse gas substance must be

situated in:

(a) the licence area of a petroleum production licence; or

(b) the licence areas of petroleum production licences.

62 After subsection 374(4)

Insert:

(4A) If:

(a) the licence was granted under section 372 to the registered

holder of a petroleum production licence on the basis that the

responsible Commonwealth Minister was satisfied of the

matter set out in subparagraph 370(c)(i); and

(b) the responsible Commonwealth Minister is satisfied that it is

in the public interest to do so;

the responsible Commonwealth Minister may exercise the power

of variation conferred by subsection (3) as if the licence had been

granted on the basis that the responsible Commonwealth Minister

had been satisfied of the matter set out in subparagraph 370(c)(ii).

Amend ments Schedule 1

Technical corrections Part 14

Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Bill 2009 No. ,

2009 27

Part 14

Technical corrections

Offshore Petroleum and Greenhouse Gas Storage Act 2006

63 Subsections 222(2) and (5)

Omit "gave", substitute "give".

Note 1: The heading to subsection 132(1) is altered by omitting "an exploration permittee" and

substituting "a petroleum exploration permittee".

Note 2: The heading to section 297 is altered by omitting "Retention lessee or production

licensee" and substituting "Petroleum retention lessee or petroleum production

licensee".

Note 3: The heading to section 304 is altered by omitting "Retention lessee or production

licensee" and substituting "Petroleum retention lessee or petroleum production

licensee".

Note 4: The heading to section 346 is altered by omitting "Retention lease" and substituting

"Petroleum retention lease".

64 Subclauses 36(2) and (4) of Schedule 6

Omit "Subsection", substitute "Subclause".

Offshore Petroleum and Greenhouse Gas Storage (Annual

Fees) Act 2006

65 Section 3 (note)

Omit "section 6", substitute "section 7".

Offshore Petroleum and Greenhouse Gas Storage

(Registration Fees) Act 2006

66 Section 3 (note)

Omit "section 6", substitute "section 7".

Offshore Petroleum (Royalty) Act 2006

67 Section 3 (note)

Omit "section 6", substitute "section 7".

Commonwealth of Australia Bills

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE LEGISLATION AMENDMENT BILL 2009