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

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE REGULATORY LEVIES LEGISLATION AMENDMENT (2011 MEASURES NO. 2) BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Offshore Petroleum and Greenhouse Gas
Storage Regulatory Levies Legislation
Amendment (2011 Measures No. 2) Bill
2011
No. , 2011
(Resources and Energy)
A Bill for an Act to amend the Offshore Petroleum
and Greenhouse Gas Storage (Regulatory Levies) Act
2003, and for related purposes
i Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment
(2011 Measures No. 2) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies)
Act 2003
3
Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment
(2011 Measures No. 2) Bill 2011 No. , 2011 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 may be cited as the Offshore Petroleum and Greenhouse
6
Gas Storage Regulatory Levies Legislation Amendment (2011
7
Measures No. 2) Act 2011.
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 Regulatory Levies Legislation
Amendment (2011 Measures No. 2) Bill 2011 No. , 2011
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
At the same time as Part 1 of Schedule 2 to
the Offshore Petroleum and Greenhouse
Gas Storage Amendment (National
Regulator) Act 2011 commences.
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 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
Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment
(2011 Measures No. 2) Bill 2011 No. , 2011 3
Schedule 1--Amendments
1
2
Offshore Petroleum and Greenhouse Gas Storage
3
(Regulatory Levies) Act 2003
4
1 Section 3
5
Insert:
6
annual titles administration levy means levy imposed by
7
section 10E.
8
2 Section 3
9
Insert:
10
environment plan levy means levy imposed by section 10F or 10G.
11
3 Section 3
12
Insert:
13
greenhouse gas holding lease has the same meaning as in the
14
Offshore Petroleum and Greenhouse Gas Storage Act 2006.
15
4 Section 3
16
Insert:
17
greenhouse gas injection licence has the same meaning as in the
18
Offshore Petroleum and Greenhouse Gas Storage Act 2006.
19
5 Section 3
20
Insert:
21
infrastructure licence has the same meaning as in the Offshore
22
Petroleum and Greenhouse Gas Storage Act 2006.
23
6 Section 3
24
Insert:
25
NOPSEMA means the National Offshore Petroleum Safety and
26
Environmental Management Authority.
27
Schedule 1 Amendments
4 Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation
Amendment (2011 Measures No. 2) Bill 2011 No. , 2011
7 Section 3
1
Insert:
2
pipeline licence has the same meaning as in the Offshore
3
Petroleum and Greenhouse Gas Storage Act 2006.
4
8 Section 3 (definition of Safety Authority)
5
Repeal the definition.
6
9 Subsection 5(8) (paragraph (b) of the definition of notifiable
7
accident or occurrence)
8
Omit "the Safety Authority", substitute "NOPSEMA".
9
10 Subsection 6(8) (paragraph (b) of the definition of
10
notifiable accident or occurrence)
11
Omit "the Safety Authority", substitute "NOPSEMA".
12
11 Subsection 9(1)
13
Omit "the Safety Authority" (wherever occurring), substitute
14
"NOPSEMA".
15
12 Subsection 10(1)
16
Omit "the Safety Authority" (wherever occurring), substitute
17
"NOPSEMA".
18
13 Subsection 10A(7)
19
Omit "the Safety Authority" (wherever occurring), substitute
20
"NOPSEMA".
21
14 Paragraph 10B(1)(c)
22
Omit "the Safety Authority", substitute "NOPSEMA".
23
15 Subsection 10B(7)
24
Omit "the Safety Authority" (wherever occurring), substitute
25
"NOPSEMA".
26
16 Subparagraphs 10C(1)(a)(i) and (ii)
27
Omit "the Safety Authority", substitute "NOPSEMA".
28
Amendments Schedule 1
Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment
(2011 Measures No. 2) Bill 2011 No. , 2011 5
17 Paragraph 10C(5)(a)
1
Omit "the Safety Authority", substitute "NOPSEMA".
2
18 Subparagraphs 10D(1)(a)(i) and (ii)
3
Omit "the Safety Authority", substitute "NOPSEMA".
4
19 Paragraph 10D(5)(a)
5
Omit "the Safety Authority", substitute "NOPSEMA".
6
20 After Part 4B
7
Insert:
8
Part 4C--Annual titles administration levy
9
10
10E Imposition of annual titles administration levy
11
(1) If an eligible title is in force, levy is imposed for each year of the
12
term of the title, if that year begins at or after the commencement
13
of this section.
14
Note: For
eligible title, see subsection (7).
15
(2) Levy imposed by subsection (1) is to be known as annual titles
16
administration levy.
17
(3) Annual titles administration levy imposed by subsection (1) is
18
payable by the registered holder of the title.
19
Amount of annual titles administration levy
20
(4) The amount of annual titles administration levy imposed by
21
subsection (1) on a title is the amount that is specified in, or
22
worked out in accordance with, the regulations.
23
(5) The regulations may specify different amounts of annual titles
24
administration levy, or different means of working out amounts of
25
annual titles administration levy, in relation to different eligible
26
titles.
27
(6) Subsection (5) does not limit subsection 33(3A) of the Acts
28
Interpretation Act 1901.
29
Schedule 1 Amendments
6 Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation
Amendment (2011 Measures No. 2) Bill 2011 No. , 2011
Definitions
1
(7) In this section:
2
eligible title means:
3
(a) a work-bid petroleum exploration permit; or
4
(b) a special petroleum exploration permit; or
5
(c) a petroleum retention lease; or
6
(d) a petroleum production licence; or
7
(e) an infrastructure licence; or
8
(f) a pipeline licence; or
9
(g) a work-bid greenhouse gas assessment permit; or
10
(h) a greenhouse gas holding lease; or
11
(i) a greenhouse gas injection licence.
12
registered holder, in relation to a title, has the same meaning as in
13
the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
14
special petroleum exploration permit has the same meaning as in
15
the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
16
work-bid greenhouse gas assessment permit has the same
17
meaning as in the Offshore Petroleum and Greenhouse Gas
18
Storage Act 2006.
19
work-bid petroleum exploration permit has the same meaning as
20
in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
21
(8) For the purposes of this section, a year of the term of an eligible
22
title is to be determined in the same manner as it is determined
23
under section 10 of the Offshore Petroleum and Greenhouse Gas
24
Storage Act 2006.
25
Part 4D--Environment plan levy
26
27
10F Imposition of environment plan levy--activities authorised by
28
Commonwealth titles
29
(1)
If:
30
(a)
both:
31
Amendments Schedule 1
Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment
(2011 Measures No. 2) Bill 2011 No. , 2011 7
(i) an environment plan is submitted to NOPSEMA under
1
regulation 9 of the Offshore Petroleum and Greenhouse
2
Gas Storage (Environment) Regulations 2009; and
3
(ii) the activities to which the plan relates are authorised by
4
one or more Commonwealth titles; or
5
(b)
both:
6
(i) a proposed revision of an environment plan is submitted
7
to NOPSEMA under regulation 17, 18 or 19 of the
8
Offshore Petroleum and Greenhouse Gas Storage
9
(Environment) Regulations 2009; and
10
(ii) the activities to which the revised plan relates are
11
authorised by one or more Commonwealth titles;
12
levy is imposed on the submission.
13
(2) Levy imposed by subsection (1) is to be known as environment
14
plan levy.
15
(3) Environment plan levy imposed by subsection (1) is payable:
16
(a)
if:
17
(i) paragraph (1)(a) applies; and
18
(ii) the activities to which the plan relates are authorised by
19
a single Commonwealth title;
20
by the registered holder of the Commonwealth title; or
21
(b)
if:
22
(i) paragraph (1)(a) applies; and
23
(ii) the activities to which the plan relates are authorised by
24
2 or more Commonwealth titles;
25
jointly and severally by the registered holders of the
26
Commonwealth titles; or
27
(c)
if:
28
(i) paragraph (1)(b) applies; and
29
(ii) the activities to which the revised plan relates are
30
authorised by a single Commonwealth title;
31
by the registered holder of the Commonwealth title; or
32
(d)
if:
33
(i) paragraph (1)(b) applies; and
34
(ii) the activities to which the revised plan relates are
35
authorised by 2 or more Commonwealth titles;
36
Schedule 1 Amendments
8 Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation
Amendment (2011 Measures No. 2) Bill 2011 No. , 2011
jointly and severally by the registered holders of the
1
Commonwealth titles.
2
Amount of environment plan levy
3
(4) The amount of environment plan levy imposed by subsection (1) in
4
respect of a submission is the amount that is specified in, or
5
worked out in accordance with, the regulations.
6
(5) The regulations may specify different amounts of environment plan
7
levy, or different means of working out amounts of environment
8
plan levy, in relation to different circumstances.
9
(6) Subsection (5) does not limit subsection 33(3A) of the Acts
10
Interpretation Act 1901.
11
Definitions
12
(7) In this section:
13
Commonwealth 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; or
18
(e) a pipeline licence; or
19
(f) a petroleum special prospecting authority; or
20
(g) a petroleum access authority; or
21
(h) a greenhouse gas assessment permit; or
22
(i) a greenhouse gas holding lease; or
23
(j) a greenhouse gas injection licence; or
24
(k) a greenhouse gas search authority; or
25
(l) a greenhouse gas special authority.
26
greenhouse gas assessment permit has the same meaning as in the
27
Offshore Petroleum and Greenhouse Gas Storage Act 2006.
28
greenhouse gas search authority has the same meaning as in the
29
Offshore Petroleum and Greenhouse Gas Storage Act 2006.
30
greenhouse gas special authority has the same meaning as in the
31
Offshore Petroleum and Greenhouse Gas Storage Act 2006.
32
Amendments Schedule 1
Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment
(2011 Measures No. 2) Bill 2011 No. , 2011 9
petroleum access authority has the same meaning as in the
1
Offshore Petroleum and Greenhouse Gas Storage Act 2006.
2
petroleum special prospecting authority has the same meaning as
3
in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
4
registered holder, in relation to a title, has the same meaning as in
5
the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
6
10G Imposition of environment plan levy--activities authorised by
7
State/Territory titles
8
(1)
If
either:
9
(a)
both:
10
(i) an environment plan is submitted to NOPSEMA under a
11
regulation of a State or Territory that substantially
12
corresponds to regulation 9 of the Offshore Petroleum
13
and Greenhouse Gas Storage (Environment)
14
Regulations 2009; and
15
(ii) the activities to which the plan relates are authorised by
16
one or more State/Territory titles; or
17
(b)
both:
18
(i) a proposed revision of an environment plan is submitted
19
to NOPSEMA under a regulation of a State or Territory
20
that substantially corresponds to regulation 17, 18 or 19
21
of the Offshore Petroleum and Greenhouse Gas Storage
22
(Environment) Regulations 2009; and
23
(ii) the activities to which the revised plan relates are
24
authorised by one or more State/Territory titles;
25
levy is imposed on the submission.
26
(2) Levy imposed by subsection (1) is to be known as environment
27
plan levy.
28
(3) Environment plan levy imposed by subsection (1) is payable:
29
(a)
if:
30
(i) paragraph (1)(a) applies; and
31
(ii) the activities to which the plan relates are authorised by
32
a single State/Territory title;
33
by the registered holder of the State/Territory title; or
34
(b)
if:
35
Schedule 1 Amendments
10 Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation
Amendment (2011 Measures No. 2) Bill 2011 No. , 2011
(i) paragraph (1)(a) applies; and
1
(ii) the activities to which the plan relates are authorised by
2
2 or more State/Territory titles;
3
jointly and severally by the registered holders of the
4
State/Territory titles; or
5
(c)
if:
6
(i) paragraph (1)(b) applies; and
7
(ii) the activities to which the revised plan relates are
8
authorised by a single State/Territory title;
9
by the registered holder of the State/Territory title; or
10
(d)
if:
11
(i) paragraph (1)(b) applies; and
12
(ii) the activities to which the revised plan relates are
13
authorised by 2 or more State/Territory titles;
14
jointly and severally by the registered holders of the
15
State/Territory titles.
16
Amount of environment plan levy
17
(4) The amount of environment plan levy imposed by subsection (1) in
18
respect of a submission is the amount that is specified in, or
19
worked out in accordance with, the regulations.
20
(5) The regulations may specify different amounts of environment plan
21
levy, or different means of working out amounts of environment
22
plan levy, in relation to different circumstances.
23
(6) Subsection (5) does not limit subsection 33(3A) of the Acts
24
Interpretation Act 1901.
25
Definitions
26
(7) In this section:
27
registered holder, in relation to a State/Territory title, means the
28
person whose name is shown in the Register kept under the
29
relevant State PSLA or Territory PSLA as the holder of the title.
30
State/Territory title means an instrument under a State PSLA or
31
Territory PSLA that confers, in relation to the coastal waters of a
32
State or Territory, some or all of the rights that a Commonwealth
33
Amendments Schedule 1
Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment
(2011 Measures No. 2) Bill 2011 No. , 2011 11
title (within the meaning of section 10F) confers in relation to the
1
offshore area of the State or Territory.
2
21 Section 11
3
Omit "10C and 10D", substitute "10C, 10D, 10E, 10F and 10G".
4

 

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