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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Offshore Petroleum and Greenhouse Gas
Storage (Regulatory Levies) Amendment
Bill 2021
No. , 2021
(Industry, Science, Energy and Resources)
A Bill for an Act to amend the
Offshore Petroleum
and Greenhouse Gas Storage (Regulatory Levies) Act
2003
, and for related purposes
No. , 2021
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Act 2003
3
No. , 2021
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2021
1
A Bill for an Act to amend the
Offshore Petroleum
1
and Greenhouse Gas Storage (Regulatory Levies) Act
2
2003
, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Offshore Petroleum and Greenhouse Gas Storage
6
(Regulatory Levies) Amendment Act 2021
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2021
No. , 2021
1
Commencement information
Column 1
Column 2
Column 3
Provisions
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) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
Schedule 2 to the
Offshore Petroleum
and Greenhouse Gas Storage
Amendment (Titles Administration and
Other Measures) Act 2021
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
No. , 2021
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2021
3
Schedule 1--Amendments
1
2
Offshore Petroleum and Greenhouse Gas Storage
3
(Regulatory Levies) Act 2003
4
1 Section 3
5
Insert:
6
remedial direction
means a direction under section 586, 586A,
7
587, 587A, 591B, 592, 594A or 595 of the
Offshore Petroleum and
8
Greenhouse Gas Storage Act 2006
.
9
State/Territory remedial direction
means a direction under a
10
provision of a State PSLA or Territory PSLA that substantially
11
corresponds to section 586, 586A, 587, 587A, 591B, 592, 594A or
12
595 of the
Offshore Petroleum and Greenhouse Gas Storage Act
13
2006
.
14
2 Subsection 7(1)
15
Repeal the subsection, substitute:
16
(1) If:
17
(a) a safety case is in force in relation to a facility at any time
18
during a year; and
19
(b) the facility is located, or proposed to be located, in
20
Commonwealth waters;
21
levy is imposed on the safety case in respect of that year.
22
3 Subsection 7(3)
23
Repeal the subsection (not including the note), substitute:
24
(3) Safety case levy imposed by subsection (1) is payable by:
25
(a) unless any of the following paragraphs apply--the operator
26
of the facility; or
27
(b) if the facility is a pipeline subject to a pipeline licence and a
28
remedial direction does not apply in relation to the pipeline at
29
any time during the year--the licensee of the pipeline
30
licence; or
31
Schedule 1
Amendments
4
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2021
No. , 2021
(c) if the facility is a pipeline subject to a pipeline licence and a
1
remedial direction applies in relation to the pipeline at any
2
time during the year:
3
(i) the licensee of the pipeline licence; and
4
(ii) if the licensee is not subject to the remedial direction--
5
the person who is subject to the remedial direction; or
6
(d) if the facility is not a pipeline that is subject to a pipeline
7
licence but is a pipeline in relation to which a remedial
8
direction is in force at any time during the year--the person
9
who is subject to the remedial direction.
10
4 Subsection 7(5)
11
Repeal the subsection.
12
5 At the end of subsection 7(6)
13
Add ", circumstances or any other matter".
14
6 Subsection 8(1)
15
Repeal the subsection, substitute:
16
(1) If:
17
(a) a safety case is in force in relation to a facility at any time
18
during a year; and
19
(b) the facility is located, or proposed to be located, in the
20
designated coastal waters of a State or of the Northern
21
Territory;
22
levy is imposed on the safety case in respect of that year.
23
7 Subsection 8(3)
24
Repeal the subsection (not including the note), substitute:
25
(3) Safety case levy imposed by subsection (1) is payable by:
26
(a) unless any of the following paragraphs apply--the operator
27
of the facility; or
28
(b) if the facility is a pipeline subject to a pipeline licence and a
29
State/Territory remedial direction does not apply in relation
30
to the pipeline at any time during the year--the licensee of
31
the pipeline licence; or
32
Amendments
Schedule 1
No. , 2021
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2021
5
(c) if the facility is a pipeline subject to a pipeline licence and a
1
State/Territory remedial direction applies in relation to the
2
pipeline at any time during the year:
3
(i) the licensee of the pipeline licence; and
4
(ii) if the licensee is not subject to the State/Territory
5
remedial direction--the person who is subject to the
6
State or Territory remedial direction; or
7
(d) if the facility is not a pipeline that is subject to a pipeline
8
licence but is a pipeline in relation to which a State/Territory
9
remedial direction is in force at any time during the year--
10
the person who is subject to the remedial direction.
11
8 Subsection 8(5)
12
Repeal the subsection.
13
9 At the end of subsection 8(6)
14
Add ", circumstances or any other matter".
15
10 Section 10C (at the end of the heading)
16
Add "
etc.
".
17
11 Paragraph 10C(1)(b)
18
Repeal the paragraph, substitute:
19
(b) the person is either:
20
(i) the registered holder of an eligible title; or
21
(ii) subject to a remedial direction (other than as the
22
registered holder of an eligible title);
23
12 Section 10D (at the end of the heading)
24
Add "
etc.
".
25
13 Paragraph 10D(1)(b)
26
Repeal the paragraph, substitute:
27
(b) the person is either:
28
(i) the registered holder of a State/Territory title; or
29
(ii) subject to a State/Territory remedial direction (other
30
than as the registered holder of a State/Territory title);
31
Schedule 1
Amendments
6
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2021
No. , 2021
14 Section 10F (at the end of the heading)
1
Add "
etc.
".
2
15 After paragraph 10F(1)(c)
3
Insert:
4
or (d) both:
5
(i) an environment plan is submitted to NOPSEMA under a
6
prescribed provision of regulations made under the
7
Offshore Petroleum and Greenhouse Gas Storage Act
8
2006
; and
9
(ii) the activities to which the plan relates are carried out for
10
the purposes of complying with a remedial direction; or
11
(e) both:
12
(i) a proposed revision of an environment plan is submitted
13
to NOPSEMA under a prescribed provision of
14
regulations made under the
Offshore Petroleum and
15
Greenhouse Gas Storage Act 2006
; and
16
(ii) the activities to which the revised plan relates are
17
carried out for the purposes of complying with a
18
remedial direction;
19
16 At the end of subsection 10F(3)
20
Add:
21
; or (f) if paragraph (1)(d) or (e) applies--by the person who is
22
subject to the remedial direction.
23
17 Section 10G (at the end of the heading)
24
Add "
etc.
".
25
18 After paragraph 10G(1)(c)
26
Insert:
27
; or (d) both:
28
(i) an environment plan is submitted to NOPSEMA under a
29
regulation of a State or Territory that substantially
30
corresponds to a prescribed provision of regulations
31
made under the
Offshore Petroleum and Greenhouse
32
Gas Storage Act 2006
; and
33
Amendments
Schedule 1
No. , 2021
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Amendment Bill 2021
7
(ii) the activities to which the plan relates are carried out for
1
the purposes of complying with a State/Territory
2
remedial direction; or
3
(e) both:
4
(i) a proposed revision of an environment plan is submitted
5
to NOPSEMA under a regulation of a State or Territory
6
that substantially corresponds to a prescribed provision
7
of regulations made under the
Offshore Petroleum and
8
Greenhouse Gas Storage Act 2006
; and
9
(ii) the activities to which the revised plan relates are
10
carried out for the purposes of complying with a
11
State/Territory remedial direction;
12
19 At the end of subsection 10G(3)
13
Add:
14
; or (f) if paragraph (1)(d) or (e) applies--by the person who is
15
subject to the remedial direction.
16
20 Application of amendments
17
(1)
The amendments of sections 7 and 8 of the
Offshore Petroleum and
18
Greenhouse Gas Storage (Regulatory Levies) Act 2003
made by this
19
Schedule apply in relation to the imposition of safety case levy by that
20
Act for a year that begins on or after the commencement of those
21
amendments.
22
(2)
The amendments of sections 10C and 10D of the
Offshore Petroleum
23
and Greenhouse Gas Storage (Regulatory Levies) Act 2003
made by
24
this Schedule apply in relation to the imposition of well activity levy by
25
that Act on applications and submissions for which levy is imposed by
26
section 10C or 10D of that Act if the application or submission is made
27
on or after the commencement of those amendments.
28
(3)
The amendments of sections 10F and 10G of the
Offshore Petroleum
29
and Greenhouse Gas Storage (Regulatory Levies) Act 2003
made by
30
this Schedule apply in relation to the imposition of environment plan
31
levy by that Act on submissions for which levy is imposed by
32
section 10F or 10G of that Act if the submission is made on or after the
33
commencement of those amendments.
34