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This is a Bill, not an Act. For current law, see the Acts databases.


OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE LEGISLATION AMENDMENT (MISCELLANEOUS MEASURES) BILL 2010

2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Offshore Petroleum and Greenhouse Gas
Storage Legislation Amendment
(Miscellaneous Measures) Bill 2010
No. , 2010
(Resources and Energy)
A Bill for an Act to amend the Offshore Petroleum
and Greenhouse Gas Storage Act 2006, and for other
purposes
i Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous
Measures) Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Part 1--Registration fees
3
Offshore Petroleum and Greenhouse Gas Storage Act 2006
3
Part 2--Functions of the Safety Authority
4
Offshore Petroleum and Greenhouse Gas Storage Act 2006
4
Part 3--Multiple titleholders
8
Offshore Petroleum and Greenhouse Gas Storage Act 2006
8
Part 4--Strict liability offences
15
Offshore Petroleum and Greenhouse Gas Storage Act 2006
15
Part 5--Functions and powers of the Joint Authority and the
Designated Authority
20
Offshore Petroleum and Greenhouse Gas Storage Act 2006
20
Part 6--Duties of titleholders in relation to wells
21
Offshore Petroleum and Greenhouse Gas Storage Act 2006
21
Part 7--Technical correction
32
Offshore Petroleum and Greenhouse Gas Storage Act 2006
32
Part 8--Listed OHS laws
33
Offshore Petroleum and Greenhouse Gas Storage Act 2006
33
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous
Measures) Bill 2010 No. , 2010 1
A Bill for an Act to amend the Offshore Petroleum
1
and Greenhouse Gas Storage Act 2006, and for other
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Offshore Petroleum and Greenhouse
6
Gas Storage Legislation Amendment (Miscellaneous Measures)
7
Act 2010.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment
(Miscellaneous Measures) Bill 2010 No. , 2010
1
Commencement information
Column 1
Column 2
Column 3
Provision(s) Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
1 July 2010.
1 July 2010
3. Schedule 1,
Parts 2 to 7
The day after this Act receives the Royal
Assent.
4. Schedule 1,
Part 8
1 January 2010.
1 January 2010
Note:
This table relates only to the provisions of this Act as originally
2
passed by both Houses of the Parliament and assented to. It will not be
3
expanded to deal with provisions inserted in this Act after assent.
4
(2) Column 3 of the table contains additional information that is not
5
part of this Act. Information in this column may be added to or
6
edited in any published version of this Act.
7
3 Schedule(s)
8
Each Act 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
13
Amendments Schedule 1
Registration fees Part 1
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous
Measures) Bill 2010 No. , 2010 3
Schedule 1--Amendments
1
Part 1--Registration fees
2
Offshore Petroleum and Greenhouse Gas Storage Act 2006
3
1 Subparagraph 76(1)(a)(ii)
4
Omit "or".
5
2 Subparagraph 76(1)(a)(iii)
6
Repeal the subparagraph.
7
3 Application of amendments
8
The amendments made by this Part apply in relation to an amount
9
received by the Commonwealth after 30 June 2010.
10
11
Schedule 1 Amendments
Part 2 Functions of the Safety Authority
4 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment
(Miscellaneous Measures) Bill 2010 No. , 2010
Part 2--Functions of the Safety Authority
1
Offshore Petroleum and Greenhouse Gas Storage Act 2006
2
4 Section 7
3
Insert:
4
non-OHS structural integrity means structural integrity, to the
5
extent to which it does not relate to a matter or thing that affects, or
6
is likely to affect, the occupational health and safety of persons
7
engaged in:
8
(a) offshore petroleum operations (within the meaning of
9
Part 6.9); or
10
(b) offshore greenhouse gas storage operations (within the
11
meaning of Part 6.9).
12
5 Section 7
13
Insert:
14
non-OHS structural integrity law means:
15
(a) a listed OHS law, to the extent to which it relates to matters
16
or things that do not affect, and are not likely to affect, the
17
occupational health and safety of persons engaged in:
18
(i) offshore petroleum operations (within the meaning of
19
Part 6.9); or
20
(ii) offshore greenhouse gas storage operations (within the
21
meaning of Part 6.9); or
22
(b) a structural integrity law prescribed for the purposes of this
23
paragraph.
24
A structural integrity law may be prescribed for the purposes of
25
paragraph (b) even if it is, to any extent, a listed OHS law.
26
6 Section 7
27
Insert:
28
structural integrity includes the following:
29
(a)
structural
soundness;
30
(b)
structural
strength;
31
(c)
stability;
32
(d) fitness for purpose;
33
Amendments Schedule 1
Functions of the Safety Authority Part 2
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous
Measures) Bill 2010 No. , 2010 5
(e) mechanical integrity in connection with the containment of:
1
(i)
petroleum;
or
2
(ii) a greenhouse gas substance; or
3
(iii) any other substance.
4
7 Section 7
5
Insert:
6
structural integrity law means the regulations to the extent to
7
which they relate to the structural integrity of:
8
(a) facilities (within the meaning of Schedule 3); or
9
(b)
wells;
or
10
(c)
well-related
equipment.
11
8 Section 7
12
Insert:
13
well-related equipment means any:
14
(a)
plant;
or
15
(b)
equipment;
or
16
(c)
other
thing;
17
for containing pressure in a well.
18
9 Section 642
19
After:
20
·
The Safety Authority has functions in relation to the
21
occupational health and safety of persons engaged in:
22
(a)
offshore petroleum operations; or
23
(b)
offshore greenhouse gas storage operations.
24
Insert:
25
·
The Safety Authority also has functions in relation to the
26
non-OHS structural integrity of facilities, wells and
27
well-related equipment.
28
Schedule 1 Amendments
Part 2 Functions of the Safety Authority
6 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment
(Miscellaneous Measures) Bill 2010 No. , 2010
10 Paragraphs 646(a) and (b)
1
After "in relation to", insert "occupational health and safety matters in
2
connection with".
3
11 After paragraph 646(g)
4
Insert:
5
(ga) the functions conferred on it by or under this Act in relation
6
to the non-OHS structural integrity of:
7
(i) facilities (within the meaning of Schedule 3); or
8
(ii)
wells;
or
9
(iii)
well-related
equipment;
10
located in Commonwealth waters;
11
(gb) the functions conferred on it by or under a State PSLA or the
12
Territory PSLA in relation to the non-OHS structural
13
integrity of:
14
(i)
facilities;
or
15
(ii)
wells;
or
16
(iii)
well-related
equipment;
17
located in the designated coastal waters of that State or
18
Territory;
19
(gc) to develop and implement effective monitoring and
20
enforcement strategies to ensure compliance by persons with
21
their obligations under a non-OHS structural integrity law;
22
(gd) to investigate accidents, occurrences and circumstances that
23
involve, or may involve, deficiencies in the non-OHS
24
structural integrity of:
25
(i) facilities (within the meaning of Schedule 3); or
26
(ii)
wells;
or
27
(iii)
well-related
equipment;
28
located in Commonwealth waters;
29
(ge) to report, as appropriate, to the responsible Commonwealth
30
Minister, and to State and Northern Territory Petroleum
31
Ministers, on investigations covered by paragraph (gd);
32
(gf) to advise persons, either on its own initiative or on request,
33
on matters relating to the non-OHS structural integrity of:
34
(i) facilities (within the meaning of Schedule 3); or
35
(ii)
wells;
or
36
(iii)
well-related
equipment;
37
Amendments Schedule 1
Functions of the Safety Authority Part 2
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous
Measures) Bill 2010 No. , 2010 7
located in Commonwealth waters;
1
2
Schedule 1 Amendments
Part 3 Multiple titleholders
8 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment
(Miscellaneous Measures) Bill 2010 No. , 2010
Part 3--Multiple titleholders
1
Offshore Petroleum and Greenhouse Gas Storage Act 2006
2
12 After Part 9.6
3
Insert:
4
Part 9.6A--Multiple titleholders
5
Division 1--Eligible voluntary action by multiple
6
titleholders
7
775A Eligible voluntary action
8
(1) For the purposes of this Division, eligible voluntary action means:
9
(a) making an application; or
10
(b) giving a nomination; or
11
(c) making a request; or
12
(d) giving a notice;
13
to the Joint Authority, the Designated Authority or the responsible
14
Commonwealth Minister, where the application, nomination,
15
request or notice is permitted, but not required, to be made or given
16
under this Act.
17
(2) Subsection (1) does not apply to a notice given under:
18
(a) subsection 774(2); or
19
(b) subsection 774(5); or
20
(c) subsection 775(2); or
21
(d) subsection 775(5); or
22
(e) subsection 775B(2); or
23
(f) subsection 775B(6); or
24
(g) subsection 775C(2); or
25
(h)
subsection
775C(6).
26
Amendments Schedule 1
Multiple titleholders Part 3
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous
Measures) Bill 2010 No. , 2010 9
775B Eligible voluntary action by multiple holders of a petroleum
1
title
2
Scope
3
(1) This section applies if there are 2 or more registered holders of a
4
petroleum title.
5
Nomination
6
(2) Those registered holders may, by joint written notice given to the
7
Designated Authority, nominate one of them as being the person
8
who is authorised to take eligible voluntary actions on behalf of the
9
registered holders.
10
Note: For
eligible voluntary action, see section 775A.
11
(3) The joint written notice must be executed in an approved manner
12
by or on behalf of each of the registered holders.
13
Eligible voluntary action to be taken by nominee
14
(4)
If:
15
(a) the registered holders of a petroleum title have nominated a
16
person under subsection (2); and
17
(b) the nomination is in force; and
18
(c) the nominated person takes an eligible voluntary action; and
19
(d) the application, nomination, request or notice to which the
20
eligible voluntary action relates is expressed to be made or
21
given, as the case may be, on behalf of the registered holders;
22
this Act has effect as if the application, nomination, request or
23
notice to which the eligible voluntary action relates were made or
24
given, as the case may be, by the registered holders jointly.
25
(5) The registered holders are not entitled to take an eligible voluntary
26
action except in accordance with subsection (4).
27
Revocation of nomination
28
(6)
If:
29
(a) a person has been nominated under subsection (2) in relation
30
to a petroleum title; and
31
Schedule 1 Amendments
Part 3 Multiple titleholders
10 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment
(Miscellaneous Measures) Bill 2010 No. , 2010
(b) one of the registered holders of the petroleum title, by written
1
notice given to the Designated Authority, revokes the
2
nomination;
3
the nomination ceases to be in force.
4
Cessation of nomination--nominee ceases to be a registered holder
5
(7)
If:
6
(a) a person has been nominated under subsection (2) in relation
7
to a petroleum title; and
8
(b) the nominated person ceases to be one of the registered
9
holders of the petroleum title;
10
the nomination ceases to be in force.
11
Definition
12
(8) In this section:
13
petroleum title means:
14
(a) a petroleum exploration permit; or
15
(b) a petroleum retention lease; or
16
(c) a petroleum production licence; or
17
(d) an infrastructure licence, where the infrastructure facility to
18
which the licence relates is a facility, structure or installation
19
for engaging in any of the activities to which subsection
20
15(2) applies; or
21
(e) a pipeline licence, where the pipeline to which the licence
22
relates is a petroleum pipeline; or
23
(f) a petroleum special prospecting authority; or
24
(g) a petroleum access authority.
25
775C Eligible voluntary action by multiple holders of a greenhouse
26
gas title
27
Scope
28
(1) This section applies if there are 2 or more registered holders of a
29
greenhouse gas title.
30
Amendments Schedule 1
Multiple titleholders Part 3
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous
Measures) Bill 2010 No. , 2010 11
Nomination
1
(2) Those registered holders may, by joint written notice given to the
2
Designated Authority, nominate one of them as being the person
3
who is authorised to take eligible voluntary actions on behalf of the
4
registered holders.
5
Note: For
eligible voluntary action, see section 775A.
6
(3) The joint written notice must be executed in an approved manner
7
by or on behalf of each of the registered holders.
8
Eligible voluntary action to be taken by nominee
9
(4)
If:
10
(a) the registered holders of a greenhouse gas title have
11
nominated a person under subsection (2); and
12
(b) the nomination is in force; and
13
(c) the nominated person takes an eligible voluntary action; and
14
(d) the application, nomination, request or notice to which the
15
eligible voluntary action relates is expressed to be made or
16
given, as the case may be, on behalf of the registered holders;
17
this Act has effect as if the application, nomination, request or
18
notice to which the eligible voluntary action relates were made or
19
given, as the case may be, by the registered holders jointly.
20
(5) The registered holders are not entitled to take an eligible voluntary
21
action except in accordance with subsection (4).
22
Revocation of nomination
23
(6)
If:
24
(a) a person has been nominated under subsection (2) in relation
25
to a greenhouse gas title; and
26
(b) one of the registered holders of the greenhouse gas title, by
27
written notice given to the Designated Authority, revokes the
28
nomination;
29
the nomination ceases to be in force.
30
Cessation of nomination--nominee ceases to be a registered holder
31
(7)
If:
32
Schedule 1 Amendments
Part 3 Multiple titleholders
12 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment
(Miscellaneous Measures) Bill 2010 No. , 2010
(a) a person has been nominated under subsection (2) in relation
1
to a greenhouse gas title; and
2
(b) the nominated person ceases to be one of the registered
3
holders of the greenhouse gas title;
4
the nomination ceases to be in force.
5
Definition
6
(8) In this section:
7
greenhouse gas title means:
8
(a) a greenhouse gas assessment permit; or
9
(b) a greenhouse gas holding lease; or
10
(c) a greenhouse gas injection licence; or
11
(d) an infrastructure licence, where the infrastructure facility to
12
which the licence relates is a facility, structure or installation
13
for engaging in any of the activities to which subsection
14
15(3) applies; or
15
(e) a pipeline licence, where the pipeline to which the licence
16
relates is a greenhouse gas pipeline; or
17
(f) a greenhouse gas search authority; or
18
(g) a greenhouse gas special authority.
19
Division 2--Obligations of multiple titleholders
20
775D Obligations of multiple holders of a petroleum title
21
Obligations of titleholders
22
(1)
If:
23
(a) this Act imposes an obligation on the registered holder of a
24
petroleum title; and
25
(b) there are 2 or more registered holders of the petroleum title;
26
the obligation is imposed on each of the registered holders, but
27
may be discharged by any of the registered holders.
28
(2) The regulations may exempt a specified obligation from the scope
29
of subsection (1).
30
Amendments Schedule 1
Multiple titleholders Part 3
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous
Measures) Bill 2010 No. , 2010 13
Definition
1
(3) In this section:
2
petroleum title means:
3
(a) a petroleum exploration permit; or
4
(b) a petroleum retention lease; or
5
(c) a petroleum production licence; or
6
(d) an infrastructure licence, where the infrastructure facility to
7
which the licence relates is a facility, structure or installation
8
for engaging in any of the activities to which subsection
9
15(2) applies; or
10
(e) a pipeline licence, where the pipeline to which the licence
11
relates is a petroleum pipeline; or
12
(f) a petroleum special prospecting authority; or
13
(g) a petroleum access authority.
14
775E Obligations of multiple holders of a greenhouse gas title
15
Obligations of titleholders
16
(1)
If:
17
(a) this Act imposes an obligation on the registered holder of a
18
greenhouse gas title; and
19
(b) there are 2 or more registered holders of the greenhouse gas
20
title;
21
the obligation is imposed on each of the registered holders, but
22
may be discharged by any of the registered holders.
23
(2) The regulations may exempt a specified obligation from the scope
24
of subsection (1).
25
Definition
26
(3) In this section:
27
greenhouse gas title means:
28
(a) a greenhouse gas assessment permit; or
29
(b) a greenhouse gas holding lease; or
30
(c) a greenhouse gas injection licence; or
31
Schedule 1 Amendments
Part 3 Multiple titleholders
14 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment
(Miscellaneous Measures) Bill 2010 No. , 2010
(d) an infrastructure licence, where the infrastructure facility to
1
which the licence relates is a facility, structure or installation
2
for engaging in any of the activities to which subsection
3
15(3) applies; or
4
(e) a pipeline licence, where the pipeline to which the licence
5
relates is a greenhouse gas pipeline; or
6
(f) a greenhouse gas search authority; or
7
(g) a greenhouse gas special authority.
8
13 Application of amendments
9
(1)
Sections 775B and 775C of the Offshore Petroleum and Greenhouse
10
Gas Storage Act 2006 as amended by this Part apply in relation to
11
eligible voluntary actions taken after the commencement of this item.
12
(2)
Sections 775D and 775E of the Offshore Petroleum and Greenhouse
13
Gas Storage Act 2006 as amended by this Part apply in relation to
14
obligations that arise after the commencement of this item.
15
16
Amendments Schedule 1
Strict liability offences Part 4
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous
Measures) Bill 2010 No. , 2010 15
Part 4--Strict liability offences
1
Offshore Petroleum and Greenhouse Gas Storage Act 2006
2
14 Subsection 227(5) (penalty)
3
Omit "Imprisonment for 5 years", substitute "100 penalty units".
4
15 After subsection 227(5)
5
Insert:
6
(5A) An offence against subsection (5) is an offence of strict liability.
7
Note:
For strict liability, see section 6.1 of the Criminal Code.
8
16 Subsection 228(1) (penalty)
9
Omit "Imprisonment for 5 years", substitute "100 penalty units".
10
17 At the end of section 228
11
Add:
12
(4) An offence against subsection (1) is an offence of strict liability.
13
Note:
For strict liability, see section 6.1 of the Criminal Code.
14
18 Subsection 249(2) (penalty)
15
Omit "for contravention of this subsection".
16
19 At the end of section 249
17
Add:
18
(3) An offence against subsection (2) is an offence of strict liability.
19
Note:
For strict liability, see section 6.1 of the Criminal Code.
20
20 Subsection 280(3) (penalty)
21
Omit "for contravention of this subsection".
22
21 At the end of section 280
23
Add:
24
(4) An offence against subsection (3) is an offence of strict liability.
25
Note:
For strict liability, see section 6.1 of the Criminal Code.
26
Schedule 1 Amendments
Part 4 Strict liability offences
16 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment
(Miscellaneous Measures) Bill 2010 No. , 2010
22 Subsection 284(5) (penalty)
1
Omit "for contravention of this subsection".
2
23 At the end of section 284
3
Add:
4
(6) An offence against subsection (5) is an offence of strict liability.
5
Note:
For strict liability, see section 6.1 of the Criminal Code.
6
24 Subsection 420(2) (penalty)
7
Omit "for contravention of this subsection".
8
25 At the end of section 420
9
Add:
10
(3) An offence against subsection (2) is an offence of strict liability.
11
Note:
For strict liability, see section 6.1 of the Criminal Code.
12
26 Subsection 451(8) (penalty)
13
Omit "for contravention of this subsection".
14
27 At the end of section 451
15
Add:
16
(9) An offence against subsection (8) is an offence of strict liability.
17
Note:
For strict liability, see section 6.1 of the Criminal Code.
18
28 Subsection 452(5) (penalty)
19
Omit "for contravention of this subsection".
20
29 At the end of section 452
21
Add:
22
(6) An offence against subsection (5) is an offence of strict liability.
23
Note:
For strict liability, see section 6.1 of the Criminal Code.
24
30 Subsection 460(3) (penalty)
25
Omit "for contravention of this subsection".
26
Amendments Schedule 1
Strict liability offences Part 4
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous
Measures) Bill 2010 No. , 2010 17
31 At the end of section 460
1
Add:
2
(4) An offence against subsection (3) is an offence of strict liability.
3
Note:
For strict liability, see section 6.1 of the Criminal Code.
4
32 After subsection 508(4)
5
Insert:
6
(4A) An offence against subsection (4) is an offence of strict liability.
7
Note:
For strict liability, see section 6.1 of the Criminal Code.
8
33 Section 514
9
Before "A person commits", insert "(1)".
10
34 At the end of section 514
11
Add:
12
(2) An offence against subsection (1) is an offence of strict liability.
13
Note:
For strict liability, see section 6.1 of the Criminal Code.
14
35 After subsection 557(4)
15
Insert:
16
(4A) An offence against subsection (4) is an offence of strict liability.
17
Note:
For strict liability, see section 6.1 of the Criminal Code.
18
36 After subsection 569(6)
19
Insert:
20
(6A) An offence against subsection (6) is an offence of strict liability.
21
Note:
For strict liability, see section 6.1 of the Criminal Code.
22
37 After subsection 570(5)
23
Insert:
24
(5A) An offence against subsection (5) is an offence of strict liability.
25
Note:
For strict liability, see section 6.1 of the Criminal Code.
26
38 Subsection 575(4) (penalty)
27
Schedule 1 Amendments
Part 4 Strict liability offences
18 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment
(Miscellaneous Measures) Bill 2010 No. , 2010
Omit "for contravention of this subsection".
1
39 At the end of section 575
2
Add:
3
(5) An offence against subsection (4) is an offence of strict liability.
4
Note:
For strict liability, see section 6.1 of the Criminal Code.
5
40 Subsection 581(4) (penalty)
6
Omit "for contravention of this subsection".
7
41 At the end of section 581
8
Add:
9
(5) An offence against subsection (4) is an offence of strict liability.
10
Note:
For strict liability, see section 6.1 of the Criminal Code.
11
42 After subsection 586(5)
12
Insert:
13
(5A) An offence against subsection (5) is an offence of strict liability.
14
Note:
For strict liability, see section 6.1 of the Criminal Code.
15
43 Subsection 587(6) (penalty)
16
Omit "for contravention of this subsection".
17
44 At the end of section 587
18
Add:
19
(7) An offence against subsection (6) is an offence of strict liability.
20
Note:
For strict liability, see section 6.1 of the Criminal Code.
21
45 After subsection 592(5)
22
Insert:
23
(5A) An offence against subsection (5) is an offence of strict liability.
24
Note:
For strict liability, see section 6.1 of the Criminal Code.
25
46 After subsection 593(8)
26
Insert:
27
Amendments Schedule 1
Strict liability offences Part 4
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous
Measures) Bill 2010 No. , 2010 19
(8A) An offence against subsection (8) is an offence of strict liability.
1
Note:
For strict liability, see section 6.1 of the Criminal Code.
2
47 Subsection 595(6) (penalty)
3
Omit "for contravention of this subsection".
4
48 At the end of section 595
5
Add:
6
(7) An offence against subsection (6) is an offence of strict liability.
7
Note:
For strict liability, see section 6.1 of the Criminal Code.
8
49 After subsection 697(3)
9
Insert:
10
(3A) An offence against subsection (3) is an offence of strict liability.
11
Note:
For strict liability, see section 6.1 of the Criminal Code.
12
50 After subsection 723(3)
13
Insert:
14
(3A) An offence against subsection (3) is an offence of strict liability.
15
Note:
For strict liability, see section 6.1 of the Criminal Code.
16
17
Schedule 1 Amendments
Part 5 Functions and powers of the Joint Authority and the Designated Authority
20 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment
(Miscellaneous Measures) Bill 2010 No. , 2010
Part 5--Functions and powers of the Joint Authority
1
and the Designated Authority
2
Offshore Petroleum and Greenhouse Gas Storage Act 2006
3
51 Subsection 57(1)
4
Omit "this Act confers", substitute "this Act or the regulations confer".
5
52 Subsection 57(2)
6
Omit "this Act confers", substitute "this Act or the regulations confer".
7
53 Subsection 57(3)
8
Omit "this Act confers", substitute "this Act or the regulations confer".
9
54 Subsection 71(1)
10
Omit "this Act confers", substitute "this Act or the regulations confer".
11
55 Subsection 71(2)
12
Omit "this Act confers", substitute "this Act or the regulations confer".
13
56 Subsection 71(3)
14
Omit "this Act confers", substitute "this Act or the regulations confer".
15
57 Subsection 71(4)
16
Omit "this Act confers", substitute "this Act or the regulations confer".
17
18
Amendments Schedule 1
Duties of titleholders in relation to wells Part 6
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous
Measures) Bill 2010 No. , 2010 21
Part 6--Duties of titleholders in relation to wells
1
Offshore Petroleum and Greenhouse Gas Storage Act 2006
2
58 Clause 3 of Schedule 3
3
Insert:
4
derived:
5
(a) in relation to a petroleum title--has the meaning given by
6
clause 8A; or
7
(b) in relation to a greenhouse gas title--has the meaning given
8
by clause 8B.
9
59 Clause 3 of Schedule 3
10
Insert:
11
petroleum title means:
12
(a) a petroleum exploration permit; or
13
(b) a petroleum retention lease; or
14
(c) a petroleum production licence.
15
60 Clause 3 of Schedule 3
16
Insert:
17
greenhouse gas title means:
18
(a) a greenhouse gas assessment permit; or
19
(b) a greenhouse gas holding lease; or
20
(c) a greenhouse gas injection licence.
21
61 Clause 3 of Schedule 3 (at the end of the definition of
22
regulated business premises)
23
Add:
24
; or (c) premises that are:
25
(i) occupied by a person who is the registered holder of a
26
petroleum title; and
27
(ii) used, or proposed to be used, wholly or principally in
28
connection with offshore petroleum operations; or
29
(d) premises that are:
30
Schedule 1 Amendments
Part 6 Duties of titleholders in relation to wells
22 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment
(Miscellaneous Measures) Bill 2010 No. , 2010
(i) occupied by a person who is the registered holder of a
1
greenhouse gas title; and
2
(ii) used, or proposed to be used, wholly or principally in
3
connection with offshore greenhouse gas storage
4
operations.
5
62 At the end of Part 1 of Schedule 3
6
Add:
7
8A When a petroleum title is derived from another petroleum title
8
Petroleum production licences
9
(1) For the purposes of this Schedule, if a petroleum production
10
licence was granted to the registered holder of:
11
(a) a petroleum retention lease; or
12
(b) a petroleum exploration permit;
13
that was in force over the block or blocks to which the licence
14
relates, the licence is derived from:
15
(c) the lease or permit; and
16
(d) each petroleum title from which the lease or permit referred
17
to in paragraph (c) was derived.
18
Petroleum retention leases
19
(2) For the purposes of this Schedule, if a petroleum retention lease
20
was granted to the registered holder of:
21
(a) a petroleum exploration permit; or
22
(b) a petroleum production licence;
23
that was in force over the block or blocks to which the lease
24
relates, the lease is derived from:
25
(c) the permit or licence; and
26
(d) each petroleum title from which the permit or licence referred
27
to in paragraph (c) was derived.
28
Renewals
29
(3) For the purposes of this Schedule, if there is a series of one or more
30
renewals of a petroleum title, each petroleum title in that series is
31
derived from:
32
(a) each of the earlier petroleum titles in that series; and
33
Amendments Schedule 1
Duties of titleholders in relation to wells Part 6
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous
Measures) Bill 2010 No. , 2010 23
(b) each petroleum title from which each of those earlier
1
petroleum titles was derived.
2
For this purpose, the series includes the original petroleum title.
3
Application
4
(4) Subclauses (1) and (2) apply to a grant, whether occurring before,
5
at or after the commencement of this clause.
6
(5) Subclause (3) applies to a renewal, whether occurring before, at or
7
after the commencement of this clause.
8
(6) For the purposes of the application of this clause to the grant of:
9
(a) a petroleum production licence; or
10
(b) a petroleum retention lease;
11
that occurred before the commencement of Chapter 2, a reference
12
to a registered holder is a reference to a registered holder (within
13
the meaning of the repealed Petroleum (Submerged Lands) Act
14
1967).
15
8B When a greenhouse gas title is derived from another greenhouse
16
gas title
17
Greenhouse gas injection licences
18
(1) For the purposes of this Schedule, if a greenhouse gas injection
19
licence was granted to the registered holder of:
20
(a) a greenhouse gas holding lease; or
21
(b) a greenhouse gas assessment permit;
22
that was in force over the block or blocks to which the licence
23
relates, the licence is derived from:
24
(c) the lease or permit; and
25
(d) each greenhouse gas title from which the lease or permit
26
referred to in paragraph (c) was derived.
27
Greenhouse gas holding leases
28
(2) For the purposes of this Schedule, if a greenhouse gas holding
29
lease was granted to the registered holder of a greenhouse gas
30
assessment permit that was in force over the block or blocks to
31
which the lease relates, the lease is derived from:
32
(a) the permit; and
33
Schedule 1 Amendments
Part 6 Duties of titleholders in relation to wells
24 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment
(Miscellaneous Measures) Bill 2010 No. , 2010
(b) each greenhouse gas title from which the permit referred to in
1
paragraph (a) was derived.
2
Renewals
3
(3) For the purposes of this Schedule, if there is a series of one or more
4
renewals of a greenhouse gas title, each greenhouse gas title in that
5
series is derived from:
6
(a) each of the earlier greenhouse gas titles in that series; and
7
(b) each greenhouse gas title from which each of those earlier
8
greenhouse gas titles was derived.
9
For this purpose, the series includes the original greenhouse gas
10
title.
11
Application
12
(4) Subclauses (1) and (2) apply to a grant, whether occurring before,
13
at or after the commencement of this clause.
14
(5) Subclause (3) applies to a renewal, whether occurring before, at or
15
after the commencement of this clause.
16
63 Clause 13A of Schedule 3
17
Repeal the clause, substitute:
18
13A Duties of petroleum titleholders in relation to wells
19
(1)
If:
20
(a)
either:
21
(i) a well has been used, is being used, has been prepared
22
for use, or is being prepared for use, in connection with
23
operations authorised by a petroleum title (the current
24
title); or
25
(ii) a well has been used in connection with operations
26
authorised by a petroleum title from which the current
27
title is derived, and the wellhead is situated in the title
28
area of the current title; and
29
(b) the well is not suspended, abandoned or closed off;
30
the registered holder of the current title must ensure that the well is
31
so designed, constructed, commissioned, altered, equipped,
32
Amendments Schedule 1
Duties of titleholders in relation to wells Part 6
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous
Measures) Bill 2010 No. , 2010 25
maintained and operated that risks to the health and safety of
1
persons at or near a facility from:
2
(c) the well; or
3
(d) any unplanned escape of fluids from the well; or
4
(e) anything in the well; or
5
(f) anything in a geological formation, or a part of a geological
6
formation:
7
(i) to which the well is connected; or
8
(ii) through which the well passes;
9
are as low as is reasonably practicable.
10
Note: For
derived, see clause 8A.
11
(2)
If:
12
(a)
either:
13
(i) a well has been used in connection with operations
14
authorised by a petroleum title (the current title); or
15
(ii) a well has been used in connection with operations
16
authorised by a petroleum title from which the current
17
title is derived, and the wellhead is situated in the title
18
area of the current title; and
19
(b) the well has been, is being, or is to be, suspended, abandoned
20
or closed-off;
21
then the registered holder of the current title must ensure that the
22
well is so suspended, abandoned or closed-off that risks to the
23
health and safety of persons at or near a facility from:
24
(c) the well; or
25
(d) any unplanned escape of fluids from the well; or
26
(e) anything in the well; or
27
(f) anything in a geological formation, or a part of a geological
28
formation:
29
(i) to which the well is connected; or
30
(ii) through which the well passes;
31
are as low as is reasonably practicable.
32
Note: For
derived, see clause 8A.
33
Offence
34
(3) A person commits an offence if:
35
Schedule 1 Amendments
Part 6 Duties of titleholders in relation to wells
26 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment
(Miscellaneous Measures) Bill 2010 No. , 2010
(a) the person is subject to a requirement under subclause (1) or
1
(2); and
2
(b) the person omits to do an act; and
3
(c) the omission breaches the requirement.
4
Penalty: 200 penalty units.
5
(4) Absolute liability applies to paragraph (3)(a).
6
Note:
For absolute liability, see section 6.2 of the Criminal Code.
7
(5) The fault element for paragraphs (3)(b) and (c) is negligence.
8
Diving operations
9
(6) For the purposes of this clause, if a person is engaged in diving
10
operations that are:
11
(a) offshore petroleum operations; or
12
(b) offshore greenhouse gas storage operations;
13
the person is taken to be at or near a facility.
14
Definitions
15
(7) In this clause:
16
construct, in relation to a well, includes:
17
(a) drill, bore, or otherwise make, the well; and
18
(b) install any well-related equipment associated with the well.
19
prepare includes construct.
20
title area:
21
(a) in relation to a petroleum exploration permit--means the
22
permit area; or
23
(b) in relation to a petroleum retention lease--means the lease
24
area; or
25
(c) in relation to a petroleum production licence--means the
26
licence area.
27
well includes well-related equipment associated with a well.
28
13B Duties of greenhouse gas titleholders in relation to wells
29
(1)
If:
30
Amendments Schedule 1
Duties of titleholders in relation to wells Part 6
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous
Measures) Bill 2010 No. , 2010 27
(a)
either:
1
(i) a well has been used, is being used, has been prepared
2
for use, or is being prepared for use, in connection with
3
operations authorised by a greenhouse gas title (the
4
current title); or
5
(ii) a well has been used in connection with operations
6
authorised by a greenhouse gas title from which the
7
current title is derived, and the wellhead is situated in
8
the title area of the current title; and
9
(b) the well is not suspended, abandoned or closed off;
10
the registered holder of the current title must ensure that the well is
11
so designed, constructed, commissioned, altered, equipped,
12
maintained and operated that risks to the health and safety of
13
persons at or near a facility from:
14
(c) the well; or
15
(d) any unplanned escape of fluids from the well; or
16
(e) anything in the well; or
17
(f) anything in a geological formation, or a part of a geological
18
formation:
19
(i) to which the well is connected; or
20
(ii) through which the well passes;
21
are as low as is reasonably practicable.
22
Note: For
derived, see clause 8B.
23
(2)
If:
24
(a)
either:
25
(i) a well has been used in connection with operations
26
authorised by a greenhouse gas title (the current title);
27
or
28
(ii) a well has been used in connection with operations
29
authorised by a greenhouse gas title from which the
30
current title is derived, and the wellhead is situated in
31
the title area of the current title; and
32
(b) the well has been, is being, or is to be, suspended, abandoned
33
or closed-off;
34
the registered holder of the current title must ensure that the well is
35
so suspended, abandoned or closed-off that risks to the health and
36
safety of persons at or near a facility from:
37
(c) the well; or
38
Schedule 1 Amendments
Part 6 Duties of titleholders in relation to wells
28 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment
(Miscellaneous Measures) Bill 2010 No. , 2010
(d) any unplanned escape of fluids from the well; or
1
(e) anything in the well; or
2
(f) anything in a geological formation, or a part of a geological
3
formation:
4
(i) to which the well is connected; or
5
(ii) through which the well passes;
6
are as low as is reasonably practicable.
7
Note: For
derived, see clause 8B.
8
Offence
9
(3) A person commits an offence if:
10
(a) the person is subject to a requirement under subclause (1) or
11
(2); and
12
(b) the person omits to do an act; and
13
(c) the omission breaches the requirement.
14
Penalty: 200 penalty units.
15
(4) Absolute liability applies to paragraph (3)(a).
16
Note:
For absolute liability, see section 6.2 of the Criminal Code.
17
(5) The fault element for paragraphs (3)(b) and (c) is negligence.
18
Diving operations
19
(6) For the purposes of this clause, if a person is engaged in diving
20
operations that are:
21
(a) offshore petroleum operations; or
22
(b) offshore greenhouse gas storage operations;
23
the person is taken to be at or near a facility.
24
Definitions
25
(7) In this clause:
26
construct, in relation to a well, includes:
27
(a) drill, bore, or otherwise make, the well; and
28
(b) install any well-related equipment associated with the well.
29
prepare includes construct.
30
Amendments Schedule 1
Duties of titleholders in relation to wells Part 6
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous
Measures) Bill 2010 No. , 2010 29
title area:
1
(a) in relation to a greenhouse gas assessment permit--means
2
the permit area; or
3
(b) in relation to a greenhouse gas holding lease--means the
4
lease area; or
5
(c) in relation to a greenhouse gas injection licence--means the
6
licence area.
7
well includes well-related equipment associated with a well.
8
64 Paragraphs 50(1)(a) and (b) of Schedule 3
9
Omit "the facility to which the inspection relates", substitute "a facility
10
to which the inspection relates".
11
65 Paragraph 51(1)(a) of Schedule 3
12
Repeal the paragraph, substitute:
13
(a) at any reasonable time, enter any regulated business premises
14
(other than a facility) if the OHS inspector has reasonable
15
grounds to believe that there are likely to be at those premises
16
documents that relate to:
17
(i) a facility that is, or facility operations that are, the
18
subject of the inspection; or
19
(ii) if the investigation concerns a contravention or possible
20
contravention of clause 13A or 13B--the contravention
21
or possible contravention; and
22
66 Paragraph 52(1)(a) of Schedule 3
23
Repeal the paragraph, substitute:
24
(a) enter any premises (other than regulated business premises) if
25
the OHS inspector has reasonable grounds to believe that
26
there are likely to be at those premises documents that relate
27
to:
28
(i) a facility that is, or facility operations that are, the
29
subject of the inspection; or
30
(ii) if the investigation concerns a contravention or possible
31
contravention of clause 13A or 13B--the contravention
32
or possible contravention; and
33
67 After paragraph 73(1)(c) of Schedule 3
34
Insert:
35
Schedule 1 Amendments
Part 6 Duties of titleholders in relation to wells
30 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment
(Miscellaneous Measures) Bill 2010 No. , 2010
(ca) a titleholder; or
1
68 At the end of paragraph 73(1)(d) of Schedule 3
2
Add "or".
3
69 After paragraph 73(1)(d) of Schedule 3
4
Insert:
5
(e) any person representing a person referred to in
6
paragraph (ca);
7
70 At the end of clause 73 of Schedule 3
8
Add:
9
Limitation--titleholders
10
(5) Paragraphs (1)(ca) and (e) do not apply in relation to an inspection
11
unless the inspection concerns a contravention or possible
12
contravention of clause 13A or 13B.
13
Definition
14
(6) In this clause:
15
titleholder means the registered holder of:
16
(a) a petroleum title; or
17
(b) a greenhouse gas title.
18
71 After subparagraph 74(1)(b)(iii) of Schedule 3
19
Insert:
20
(iiia) a titleholder; or
21
72 At the end of paragraph 74(1)(b) of Schedule 3
22
Add:
23
or (v) any person representing a person referred to in
24
subparagraph (iiia);
25
73 After subparagraph 74(3)(b)(iii) of Schedule 3
26
Insert:
27
(iiia) a titleholder; or
28
Amendments Schedule 1
Duties of titleholders in relation to wells Part 6
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous
Measures) Bill 2010 No. , 2010 31
74 At the end of paragraph 74(3)(b) of Schedule 3
1
Add:
2
or (v) any person representing a person referred to in
3
subparagraph (iiia);
4
75 At the end of clause 74 of Schedule 3
5
Add:
6
Limitation--titleholders
7
(10)
The
following:
8
(a)
subparagraph
(1)(b)(iiia);
9
(b)
subparagraph
(1)(b)(v);
10
(c)
subparagraph
(3)(b)(iiia);
11
(d)
subparagraph
(3)(b)(v);
12
do not apply in relation to an inspection unless the inspection
13
concerns a contravention or possible contravention of clause 13A
14
or 13B.
15
Definition
16
(11) In this clause:
17
titleholder means the registered holder of:
18
(a) a petroleum title; or
19
(b) a greenhouse gas title.
20
76 Paragraph 80(3)(a) of Schedule 3
21
Repeal the paragraph, substitute:
22
(a) if the report relates to a facility--to the operator of the
23
facility; and
24
(aa) if the report relates to a contravention or possible
25
contravention of clause 13A by the registered holder of a
26
petroleum title--to that registered holder; and
27
(ab) if the report relates to a contravention or possible
28
contravention of clause 13B by the registered holder of a
29
greenhouse gas title--to that registered holder; and
30
77 Paragraph 80(3)(b) of Schedule 3
31
Omit "or", substitute "and".
32
Schedule 1 Amendments
Part 7 Technical correction
32 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment
(Miscellaneous Measures) Bill 2010 No. , 2010
Part 7--Technical correction
1
Offshore Petroleum and Greenhouse Gas Storage Act 2006
2
78 Subclause 57(4) of Schedule 3
3
Omit "67(1)", substitute "67(2) or (4)".
4
5
Amendments Schedule 1
Listed OHS laws Part 8
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous
Measures) Bill 2010 No. , 2010 33
Part 8--Listed OHS laws
1
Offshore Petroleum and Greenhouse Gas Storage Act 2006
2
79 Paragraphs 638(1)(d), (e), (f) and (g)
3
Repeal the paragraphs, substitute:
4
(d)
the
Offshore Petroleum (Safety) Regulations 2009;
5
80 Subsection 638(2)
6
Omit ", (e), (f) or (g)".
7
81 Transitional--pre-commencement contraventions of listed
8
OHS laws etc.
9
(1)
A reference in the Offshore Petroleum and Greenhouse Gas Storage Act
10
2006 to a contravention of a listed OHS law includes a reference to a
11
contravention of:
12
(a)
the
Petroleum (Submerged Lands) (Management of Safety on
13
Offshore Facilities) Regulations 1996; or
14
(b)
the
Petroleum (Submerged Lands) (Diving Safety)
15
Regulations 2002; or
16
(c)
the
Petroleum (Submerged Lands) (Occupational Health and
17
Safety) Regulations 1993; or
18
(d)
the
Petroleum (Submerged Lands) (Pipelines) Regulations
19
2001, to the extent that those regulations relate to
20
occupational health and safety matters;
21
that occurred before the commencement of this item.
22
(2)
A reference in the Offshore Petroleum and Greenhouse Gas Storage Act
23
2006 to a contravention of a provision of a listed OHS law includes a
24
reference to a contravention of a provision of:
25
(a)
the
Petroleum (Submerged Lands) (Management of Safety on
26
Offshore Facilities) Regulations 1996; or
27
(b)
the
Petroleum (Submerged Lands) (Diving Safety)
28
Regulations 2002; or
29
(c)
the
Petroleum (Submerged Lands) (Occupational Health and
30
Safety) Regulations 1993; or
31
Schedule 1 Amendments
Part 8 Listed OHS laws
34 Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment
(Miscellaneous Measures) Bill 2010 No. , 2010
(d)
the
Petroleum (Submerged Lands) (Pipelines) Regulations
1
2001, to the extent that those regulations relate to
2
occupational health and safety matters;
3
that occurred before the commencement of this item.
4
(3)
A reference in the Offshore Petroleum and Greenhouse Gas Storage Act
5
2006 to an offence against a listed OHS law includes a reference to an
6
offence against:
7
(a)
the
Petroleum (Submerged Lands) (Management of Safety on
8
Offshore Facilities) Regulations 1996; or
9
(b)
the
Petroleum (Submerged Lands) (Diving Safety)
10
Regulations 2002; or
11
(c)
the
Petroleum (Submerged Lands) (Occupational Health and
12
Safety) Regulations 1993; or
13
(d)
the
Petroleum (Submerged Lands) (Pipelines) Regulations
14
2001, to the extent that those regulations relate to
15
occupational health and safety matters;
16
that was committed before the commencement of this item.
17

 


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