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This is a Bill, not an Act. For current law, see the Acts databases.
OFFSHORE PETROLEUM BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Offshore Petroleum Bill 2005
No. , 2005
(Industry, Tourism and Resources)
A Bill for an Act about offshore petroleum, and for
other purposes
i Offshore Petroleum Bill 2005 No. , 2005
Contents
Chapter 1--Introduction
1
Part 1.1--Legislative formalities and background
1
1
Short title.......................................................................................1
2
Commencement .............................................................................2
3
Simplified outline ..........................................................................3
4
Commonwealth-State agreement (the Offshore
Constitutional Settlement) ..............................................................4
5
Simplified maps.............................................................................7
Part 1.2--Interpretation
13
Division 1--General
13
6
Definitions...................................................................................13
7
Offshore areas..............................................................................25
8
Spaces above and below offshore areas.........................................28
9
Term of titles ...............................................................................28
10
Renewal of titles ..........................................................................29
11
Variation of titles .........................................................................30
12
Vacated area ................................................................................31
13
Infrastructure facilities .................................................................32
14
Terminal station...........................................................................33
15
Extended meaning of explore .......................................................33
16
Graticulation of Earth's surface and constitution of blocks.............33
17
External Territories ......................................................................36
18
Application of Act........................................................................36
19
Certain pipelines provisions to apply subject to international
obligations...................................................................................37
Division 2--Datum provisions
38
Subdivision A--Datum for ascertaining the position of points etc.
38
20
Objects ........................................................................................38
21
Definitions...................................................................................38
22
Australian Geodetic Datum ..........................................................38
23
Current datum, previous datum and changeover time.....................39
24
Use of current datum....................................................................39
25
Use of previous datum..................................................................40
26
Variation of titles and instruments ................................................41
27
Variation of applications for titles.................................................42
28
No change to actual position of point, line or area .........................43
29
Transitional regulations................................................................43
Offshore Petroleum Bill 2005 No. , 2005 ii
30
International Seabed Agreements..................................................43
Subdivision B--Certain points etc. specified in an International
Seabed Agreement to be ascertained by other
means
43
31
Certain points etc. specified in an International Seabed
Agreement to be ascertained by other means.................................43
Division 3--Apportionment of petroleum recovered from
adjoining title areas
45
32
Title.............................................................................................45
33
Titleholder and title area...............................................................45
34
Petroleum recovered through inclined well....................................45
35
Petroleum pool straddling 2 title areas etc. ....................................46
36
Petroleum pool straddling Commonwealth title area and
State title area etc.........................................................................46
37
Unit development.........................................................................47
Part 1.3--Joint Authorities and Designated Authorities
49
Division 1--Joint Authorities
49
38
Joint Authorities...........................................................................49
39
Functions and powers of Joint Authorities.....................................50
40
Procedure of Joint Authority.........................................................50
41
Decision-making..........................................................................50
42
Opinion or state of mind of Joint Authority...................................51
43
Records of decisions of Joint Authority.........................................51
44
Signing of documents...................................................................52
45
Communications with Joint Authority...........................................52
46
Judicial notice of signature of member of a Joint Authority ...........52
47
Issue of documents, and service of notices, on behalf of Joint
Authority .....................................................................................53
48
Delegation by a Joint Authority for a State or the Northern
Territory ......................................................................................54
49
Delegation by Joint Authority for an external Territory .................55
Division 2--Designated Authorities
57
50
Designated Authorities.................................................................57
51
Functions and powers of Designated Authorities ...........................57
52
Delegation by Designated Authority .............................................58
53
Judicial notice of signature of Designated Authority......................59
Division 3--Finance
60
54
Payments by the Commonwealth to Western Australia--
Royalty Act payments ..................................................................60
iii Offshore Petroleum Bill 2005 No. , 2005
55
Payments by the Commonwealth to the States and the
Northern Territory........................................................................61
56
Appropriation ..............................................................................63
Part 1.4--Application of State and Territory laws in offshore
areas
64
57
Simplified outline ........................................................................64
58
Meaning of laws ..........................................................................64
59
Application of State and Territory laws in offshore areas...............64
60
Disapplication and modification of laws .......................................66
61
Limit on application of laws .........................................................66
62
Inconsistent law not applied .........................................................66
63
Criminal laws not applied.............................................................67
64
Tax laws not applied ....................................................................67
65
Appropriation law not applied ......................................................67
66
Applied laws not to confer Commonwealth judicial power ............67
67
Applied laws not to contravene constitutional restrictions on
conferral of powers on courts........................................................67
68
State or Northern Territory occupational health and safety
laws do not apply in relation to facilities .......................................67
69
Gas pipelines access legislation ....................................................70
70
No limits on ordinary operation of law..........................................71
71
Jurisdiction of State courts............................................................71
72
Jurisdiction of Territory courts......................................................71
73
Validation of certain acts..............................................................71
74
Certain provisions not affected by this Part ...................................72
Chapter 2--Regulation of activities relating to
petroleum
73
Part 2.1--Introduction
73
75
Simplified outline ........................................................................73
Part 2.2--Exploration permits
75
Division 1--General provisions
75
76
Simplified outline ........................................................................75
77
Prohibition of unauthorised exploration for petroleum in
offshore area................................................................................76
78
Rights conferred by exploration permit .........................................76
79
Conditions of exploration permits.................................................76
80
Duration of exploration permit......................................................78
Offshore Petroleum Bill 2005 No. , 2005 iv
81
Extension of exploration permit if permittee applies for
retention lease or production licence .............................................79
Division 2--Obtaining a work-bid exploration permit
81
82
Application for work-bid exploration permit--advertising of
blocks..........................................................................................81
83
Grant of work-bid exploration permit--offer document.................82
84
Ranking of multiple applicants for work-bid exploration
permit..........................................................................................83
85
Grant of work-bid exploration permit............................................85
86
Withdrawal of application ............................................................85
87
Effect of withdrawal or lapse of application ..................................86
Division 3--Obtaining a cash-bid exploration permit
88
88
Application for cash-bid exploration permit ..................................88
89
Grant of cash-bid exploration permit--only one application ..........89
90
Grant of cash-bid exploration permit--2 or more
applications..................................................................................90
91
Grant of cash-bid exploration permit.............................................92
92
Extension of cash-bid exploration permit ......................................93
Division 4--Obtaining a special exploration permit over a
surrendered block or certain other blocks
95
93
Application for a special exploration permit over a
surrendered block or certain other blocks ......................................95
94
Grant of special exploration permit--only one application.............97
95
Grant of special exploration permit--2 or more applications..........97
96
Grant of special exploration permit.............................................100
Division 5--Renewal of exploration permits
101
97
Application for renewal of exploration permit .............................101
98
Non-renewable cash-bid exploration permits...............................102
99
Limit on renewal of cash-bid exploration permits........................102
100
Limits on renewal of work-bid exploration permits and
special exploration permits.........................................................102
101
Standard halving rules................................................................104
102
Modified halving rules ...............................................................105
103
Renewal of exploration permit--offer document.........................106
104
Refusal to renew exploration permit............................................107
105
Renewal of exploration permit....................................................107
Division 6--Locations
109
106
Simplified outline ......................................................................109
107
Nomination of blocks as a location .............................................109
108
Requirement to nominate blocks as a location .............................110
v Offshore Petroleum Bill 2005 No. , 2005
109
Declaration of location ...............................................................111
110
Revocation of declaration...........................................................112
111
Variation of declaration..............................................................114
Part 2.3--Retention leases
116
Division 1--General provisions
116
112
Simplified outline ......................................................................116
113
Rights conferred by retention lease .............................................116
114
Conditions of retention leases.....................................................117
115
Duration of retention lease..........................................................118
116
Extension of retention lease if lessee applies for production
licence.......................................................................................119
Division 2--Obtaining a retention lease
120
Subdivision A--Application for retention lease by the holder of an
exploration permit
120
117
Application for retention lease by the holder of an
exploration permit......................................................................120
118
Grant of retention lease--offer document....................................121
119
Refusal to grant retention lease...................................................121
120
Grant of retention lease ..............................................................122
121
Exploration permit ceases to be in force when retention lease
comes into force.........................................................................122
122
Exploration permit transferred--transferee to be treated as
applicant....................................................................................123
Subdivision B--Application for retention lease by the holder of a
life-of-field production licence
123
123
Application for retention lease by the holder of a life-of-field
production licence......................................................................123
124
Grant of retention lease--offer document....................................124
125
Refusal to grant retention lease...................................................125
126
Grant of retention lease ..............................................................125
127
Production licence ceases to be in force when retention lease
comes into force.........................................................................125
128
Production licence transferred--transferee to be treated as
applicant....................................................................................126
Division 3--Renewal of retention leases
127
129
Application for renewal of retention lease ...................................127
130
Renewal of retention lease--offer document...............................128
131
Refusal to renew retention lease..................................................130
132
Renewal of retention lease..........................................................132
Offshore Petroleum Bill 2005 No. , 2005 vi
Division 4--Revocation of retention leases
133
133
Notice of proposal to revoke retention lease................................133
134
Revocation of retention lease......................................................134
Part 2.4--Production licences
136
Division 1--General provisions
136
135
Simplified outline ......................................................................136
136
Prohibition of unauthorised recovery of petroleum in
offshore area..............................................................................137
137
Rights conferred by production licence .......................................137
138
Conditions of production licences...............................................137
139
Duration of production licence....................................................139
140
Termination of life-of-field production licence if no recovery
operations for 5 years .................................................................141
141
Production licences to which the Royalty Act applies..................142
Division 2--Obtaining a production licence as a result of an
application made by an exploration permittee or a
retention lessee
143
142
Application for production licence by permittee ..........................143
143
Application period .....................................................................144
144
Application for production licence by lessee ...............................145
145
Offer document..........................................................................145
146
Refusal to grant production licence.............................................146
147
Grant of production licence ........................................................147
148
Exploration permit or retention lease ceases to be in force
when production licence comes into force...................................148
149
Exploration permit or retention lease transferred--transferee
to be treated as applicant ............................................................148
Division 3--Obtaining a cash-bid production licence over a
surrendered block or similar block
150
150
Application for cash-bid production licence over surrendered
blocks or similar blocks..............................................................150
151
Grant of cash-bid production licence--only one application ........151
152
Grant of cash-bid production licence--2 or more
applications................................................................................152
153
Grant of cash-bid production licence...........................................154
Division 4--Obtaining production licences over individual
blocks
156
154
Applications for production licences over individual blocks.........156
155
Grant of production licences over individual blocks ....................156
vii Offshore Petroleum Bill 2005 No. , 2005
Division 5--Renewal of fixed-term production licences
158
156
Application for renewal of fixed-term production licence ............158
157
Renewal of fixed-term production licence--offer document ........159
158
Refusal to renew fixed-term production licence...........................161
159
Renewal of fixed-term production licence...................................162
Division 6--What happens if a block is not taken up
163
160
Revocation of exploration permit or retention lease to the
extent to which it relates to a block not taken up..........................163
Division 7--Petroleum field development
165
Subdivision A--Directions about the recovery of petroleum
165
161
Direction to recover petroleum ...................................................165
162
Directions about the rate of recovery of petroleum ......................165
Subdivision B--Unit development
166
163
Unit development.......................................................................166
Part 2.5--Infrastructure licences
171
Division 1--General provisions
171
164
Simplified outline ......................................................................171
165
Prohibition of unauthorised construction or operation of an
infrastructure facility in an offshore area.....................................171
166
Rights conferred by an infrastructure licence...............................172
167
Conditions of infrastructure licences...........................................172
168
Duration of infrastructure licence................................................172
169
Termination of infrastructure licence if no operations for 5
years..........................................................................................173
Division 2--Obtaining an infrastructure licence
175
170
Application for infrastructure licence..........................................175
171
Grant of infrastructure licence--offer document..........................175
172
Refusal to grant infrastructure licence.........................................175
173
Grant of infrastructure licence ....................................................176
174
Consultation--grant of infrastructure licence ..............................176
Division 3--Varying an infrastructure licence
179
175
Application for variation of infrastructure licence........................179
176
Variation of infrastructure licence...............................................179
177
Consultation--variation of infrastructure licence.........................180
Part 2.6--Pipeline licences
182
Division 1--General provisions
182
178
Simplified outline ......................................................................182
Offshore Petroleum Bill 2005 No. , 2005 viii
179
Prohibition of unauthorised construction or operation of a
pipeline in an offshore area.........................................................182
180
Rights conferred by pipeline licence ...........................................185
181
Conditions of pipeline licences ...................................................185
182
Duration of pipeline licence........................................................186
183
Termination of pipeline licence if no operations for 5 years .........186
184
Alteration or removal of pipeline constructed in breach of
this Act......................................................................................188
Division 2--Obtaining a pipeline licence
190
185
Application for pipeline licence ..................................................190
186
Rights of production licensees following application for
pipeline licences by other persons...............................................191
187
Grant of pipeline licence--offer document..................................192
188
Refusal to grant pipeline licence .................................................194
189
Grant of pipeline licence ............................................................195
Division 3--Varying a pipeline licence
196
190
Variation of pipeline licence on application by licensee...............196
191
Variation of pipeline licence at the request of a Minister or a
statutory body ............................................................................197
Division 4--Pipeline operation
199
192
Common carrier.........................................................................199
193
Ceasing to operate pipeline without consent................................200
Part 2.7--Special prospecting authorities
201
Division 1--General provisions
201
194
Simplified outline ......................................................................201
195
Rights conferred by special prospecting authority........................201
196
Conditions of special prospecting authorities...............................201
197
Duration of special prospecting authority....................................202
198
Special prospecting authority cannot be transferred .....................202
Division 2--Obtaining a special prospecting authority
203
199
Application for special prospecting authority ..............................203
200
Grant or refusal of special prospecting authority..........................203
201
Holders to be informed of the grant of another special
prospecting authority..................................................................203
Part 2.8--Access authorities
205
Division 1--General provisions
205
202
Simplified outline ......................................................................205
203
Rights conferred by access authority...........................................205
ix Offshore Petroleum Bill 2005 No. , 2005
204
Conditions of access authorities..................................................205
205
Duration of access authority .......................................................206
Division 2--Obtaining an access authority
207
206
Application for access authority..................................................207
207
Grant or refusal of access authority.............................................208
208
Consultation--grant of access authority in same offshore
area ...........................................................................................208
209
Consultation--approval of grant of access authority in
adjoining offshore area...............................................................210
Division 3--Variation of access authorities
211
210
Variation of access authority ......................................................211
211
Consultation--variation of access authority in same offshore
area ...........................................................................................211
212
Consultation--approval of variation of access authority in
adjoining offshore area...............................................................212
Division 4--Reporting obligations of holders of access
authorities
214
213
Reporting obligations of holders of access authorities..................214
Division 5--Revocation of access authorities
215
214
Revocation of access authority....................................................215
Part 2.9--Scientific investigation consents
216
215
Simplified outline ......................................................................216
216
Rights conferred by scientific investigation consent ....................216
217
Conditions of scientific investigation consents ............................216
218
Grant of scientific investigation consent......................................216
Part 2.10--Standard procedures
218
219
Application to be made in an approved manner ...........................218
220
Application fee ..........................................................................218
221
Application may set out additional matters..................................219
222
Designated Authority may require further information.................220
223
Offer documents ........................................................................222
224
Acceptance of offer--request by applicant..................................223
225
Acceptance of offer--payment ...................................................227
226
Consultation--adverse decisions ................................................227
Offshore Petroleum Bill 2005 No. , 2005 x
Part 2.11--Variation, suspension and exemption
230
Division 1--Variation, suspension and exemption decisions
relating to exploration permits, retention leases,
production licences, infrastructure licences and
pipeline licences
230
227
Variation, suspension and exemption--conditions of titles ..........230
228
Extension of term of exploration permit or retention lease--
suspension or exemption ............................................................232
229
Suspension of rights--exploration permit or retention lease.........233
230
Extension of term of exploration permit or retention lease--
suspension of rights....................................................................233
Division 2--Variation, suspension and exemption decisions
relating to special prospecting authorities and
access authorities
235
231
Variation, suspension and exemption--conditions of special
prospecting authorities and access authorities..............................235
Part 2.12--Surrender of titles
237
Division 1--Surrender of exploration permits, production
licences, retention leases, infrastructure licences and
pipeline licences
237
232
Application for consent to surrender title.....................................237
233
Consent to surrender title............................................................237
234
Surrender of title ........................................................................240
Division 2--Surrender of special prospecting authorities and
access authorities
242
235
Surrender of special prospecting authority...................................242
236
Surrender of access authority......................................................242
Part 2.13--Cancellation of titles
243
Division 1--Cancellation of exploration permits, production
licences, retention leases, infrastructure licences and
pipeline licences
243
237
Grounds for cancellation of title..................................................243
238
Cancellation of title....................................................................243
239
Consultation ..............................................................................244
240
Cancellation of title not affected by other provisions ...................245
Division 2--Cancellation of special prospecting authorities
248
241
Cancellation of special prospecting authority ..............................248
xi Offshore Petroleum Bill 2005 No. , 2005
Part 2.14--Other provisions
249
242
Reservation of blocks.................................................................249
243
Interference with other rights......................................................250
244
No conditions about payment of money ......................................251
245
Certain portions of blocks to be blocks........................................251
246
Changes to, or reassessment of the location of, the baseline
of Australia's territorial sea ........................................................253
247
Notification of discovery of petroleum........................................255
248
Property in petroleum.................................................................255
249
Compensation for acquisition of property....................................256
Chapter 3--Registration and dealings
258
Part 3.1--Introduction
258
250
Simplified outline ......................................................................258
251
Definition ..................................................................................258
252
Dealing--series of debentures ....................................................258
Part 3.2--Register of titles and special prospecting authorities
259
253
Register to be kept .....................................................................259
254
Entries in Register--general.......................................................259
255
Entry in Register--cessation, revocation or expiry of title ...........261
Part 3.3--Transfer of titles
262
256
Approval and registration of transfers .........................................262
257
Application for approval of transfer ............................................262
258
Documents to accompany application .........................................262
259
Time limit for application...........................................................263
260
Date of application to be entered in Register ...............................263
261
Approval of transfer ...................................................................263
262
Registration of transfer...............................................................264
263
Instrument of transfer does not create an interest in the title.........265
264
Limit on effect of approval of transfers .......................................265
Part 3.4--Devolution of title
266
265
Application to have name entered on the Register as the
holder of a title...........................................................................266
266
Entry of name in the Register .....................................................266
Part 3.5--Change in name of company
267
267
Application to have new name entered on the Register ................267
268
Alteration in the Register............................................................267
Offshore Petroleum Bill 2005 No. , 2005 xii
Part 3.6--Dealings relating to existing titles
268
269
Dealings to which this Part applies .............................................268
270
Approval and registration of dealings..........................................269
271
Application for approval of dealing.............................................269
272
Documents to accompany application .........................................270
273
Timing of application.................................................................271
274
Application date to be entered in Register ...................................272
275
Approval of dealing ...................................................................272
276
Entry of dealing in Register........................................................273
277
Retention, inspection and return of instruments ...........................273
278
Strict compliance with application provisions not required ..........274
279
Limit on effect of approval of dealing.........................................275
Part 3.7--Dealings in future interests
276
280
Provisional application for approval of dealing............................276
281
Documents to accompany provisional application .......................276
282
Timing of provisional application ...............................................278
283
Provisional application to be treated as an application under
section 271 when title comes into existence ................................278
284
Limit on approval of dealing.......................................................279
Part 3.8--Correction and rectification of Register
280
285
Corrections of clerical errors or obvious defects..........................280
286
General power of correction of Register......................................280
287
Rectification of Register.............................................................281
Part 3.9--Information-gathering powers
283
288
Designated Authority may obtain information from
applicants ..................................................................................283
289
Designated Authority may obtain information from a party to
an approved dealing ...................................................................284
290
Production and inspection of documents .....................................285
291
Designated Authority may retain documents ...............................287
Part 3.10--Other provisions
288
292
Designated Authority etc. not concerned with the effect of
instrument lodged under this Chapter..........................................288
293
True consideration to be shown ..................................................288
294
Making a false entry in a Register...............................................289
295
Falsified documents ...................................................................289
296
Inspection of Register and instruments........................................290
297
Evidentiary provisions................................................................290
298
Assessment of fee ......................................................................292
xiii Offshore Petroleum Bill 2005 No. , 2005
Chapter 4--Administration
294
Part 4.1--Operations
294
299
Simplified outline ......................................................................294
300
Commencement of works or operations ......................................294
301
Work practices...........................................................................295
302
Insurance ...................................................................................297
303
Maintenance and removal of property etc. by titleholder..............299
Part 4.2--Directions
301
Division 1--Simplified outline
301
304
Simplified outline ......................................................................301
Division 2--General power to give directions
302
305
General power to give directions.................................................302
306
Notification of a direction that has an extended application..........304
307
Compliance with direction..........................................................305
Division 3--Designated Authority may take action if there is a
breach of a direction
307
308
Designated Authority may take action if there is a breach of
a direction..................................................................................307
Division 4--Defence of taking reasonable steps to comply with a
direction
309
309
Defence of taking reasonable steps to comply with a
direction ....................................................................................309
Part 4.3--Restoration of the environment
310
310
Simplified outline ......................................................................310
311
Remedial directions to current holders of permits, leases and
licences......................................................................................310
312
Remedial directions to former holders of permits, leases,
licences and authorities etc. ........................................................312
313
Designated Authority may take action if a direction has been
breached ....................................................................................315
314
Removal, disposal or sale of property by Designated
Authority--breach of direction...................................................316
315
Removal, disposal or sale of property--limitation of action
etc. ............................................................................................317
316
Removal, disposal or sale of property--compensation for
acquisition of property ...............................................................318
Part 4.4--Offences and enforcement
320
317
Simplified outline ......................................................................320
Offshore Petroleum Bill 2005 No. , 2005 xiv
318
Appointment of project inspectors ..............................................320
319
Monitoring powers of project inspectors .....................................321
320
Warrants to enter residential premises.........................................324
321
Interfering with offshore petroleum installations or
operations..................................................................................324
322
Forfeiture orders etc. ..................................................................325
323
Time for bringing proceedings for offences.................................326
Part 4.5--Safety zones and the area to be avoided
328
Division 1--Introduction
328
324
Simplified outline ......................................................................328
325
Simplified map of the area to which Schedule 2 applies...............328
326
Definitions.................................................................................329
327
Emergency periods--modification of definition of relevant
vessel.........................................................................................332
328
Authorised persons.....................................................................333
Division 2--Safety zones
335
329
Safety zones...............................................................................335
Division 3--Unauthorised vessel not to enter area to be avoided
337
330
Designated Authority may authorise entry into area to be
avoided......................................................................................337
331
Unauthorised vessel not to enter area to be avoided .....................337
Division 4--Powers of authorised persons
340
332
Requirement to move vessel etc..................................................340
333
Other powers of authorised persons ............................................341
334
Warrants....................................................................................344
335
Exercise of powers in serious circumstances ...............................344
Part 4.6--Collection of fees and royalties
346
Division 1--Fees payable under the Annual Fees Act
346
336
When fee due for payment..........................................................346
337
Late payment penalty .................................................................346
338
Recovery of annual fee debts......................................................347
339
Amounts payable to the Designated Authority.............................347
Division 2--Fees payable under the Registration Fees Act
348
340
Fees payable to the Designated Authority ...................................348
Division 3--Royalties payable under the Royalty Act
349
341
When royalty due for payment....................................................349
342
When adjusted amount due for payment......................................349
343
Late payment penalty .................................................................350
xv Offshore Petroleum Bill 2005 No. , 2005
344
Recovery of royalty debts...........................................................350
345
Amounts payable to the Designated Authority.............................351
Division 4--Fees payable under this Act
352
346
Fees payable under this Act ........................................................352
Part 4.7--Occupational health and safety
353
347
Occupational health and safety ...................................................353
348
Listed OHS laws........................................................................353
349
Regulations relating to occupational health and safety .................354
350
Commonwealth maritime legislation does not apply in
relation to facilities located in offshore areas...............................354
351
Commonwealth maritime legislation does not apply in
relation to facilities located in designated coastal waters..............355
Part 4.8--National Offshore Petroleum Safety Authority
357
Division 1--Introduction
357
352
Simplified outline ......................................................................357
353
Definitions.................................................................................357
354
Designated coastal waters...........................................................360
Division 2--Establishment, functions and powers of the Safety
Authority
362
355
Establishment of the National Offshore Petroleum Safety
Authority ...................................................................................362
356
Safety Authority's functions.......................................................362
357
Policy principles ........................................................................363
358
Safety Authority's ordinary powers ............................................364
359
References to functions and powers of the Safety Authority.........364
360
Safety Authority may be given additional powers in certain
circumstances ............................................................................365
361
Power to refer matters to NOGSAC ............................................366
362
Safety Authority is a body corporate ...........................................366
Division 3--National Offshore Petroleum Safety Authority
Board
368
Subdivision A--Establishment, functions and membership
368
363
Establishment of Board ..............................................................368
364
Functions of the Board ...............................................................368
365
Powers of the Board...................................................................369
366
Membership...............................................................................369
Subdivision B--Board procedures
370
367
Board procedures .......................................................................370
Offshore Petroleum Bill 2005 No. , 2005 xvi
Subdivision C--Terms and conditions for Board members
370
368
Term of appointment and related matters for Board members ......370
369
Remuneration and allowances of Board members........................371
370
Leave of absence of Board members...........................................371
371
Resignation of Board members...................................................371
372
Termination of appointment of Board members...........................371
373
Other terms and conditions of Board members ............................372
374
Acting Board members...............................................................372
Division 4--Chief Executive Officer and staff of the Safety
Authority
374
375
Appointment of the CEO............................................................374
376
Duties of the CEO......................................................................374
377
Working with the Board .............................................................374
378
Remuneration and allowances of the CEO ..................................375
379
Leave of absence of the CEO......................................................375
380
Resignation of the CEO..............................................................375
381
Notification of possible conflict of interest by CEO.....................375
382
Termination of CEO's appointment ............................................376
383
Other terms and conditions.........................................................377
384
Acting appointments ..................................................................377
385
Delegation by CEO ....................................................................378
386
Staff of the Safety Authority.......................................................378
387
Consultants and persons seconded to the Safety Authority...........378
Division 5--Corporate plans
380
388
Corporate plans..........................................................................380
389
Responsible Commonwealth Minister's response to
corporate plan ............................................................................380
Division 6--OHS inspectors
382
390
Appointment of OHS inspectors .................................................382
391
Identity cards .............................................................................382
Division 7--National Offshore Petroleum Safety Account
384
392
National Offshore Petroleum Safety Account..............................384
393
Credits to the Account................................................................384
394
Purposes of the Account.............................................................385
Division 8--Other financial matters
386
395
Fees for expenses incurred by the Safety Authority .....................386
396
Safety investigation levy ............................................................386
397
Safety case levy .........................................................................387
398
Pipeline safety management plan levy.........................................389
xvii Offshore Petroleum Bill 2005 No. , 2005
399
Liability to taxation....................................................................390
Division 9--Miscellaneous
391
400
Annual reports ...........................................................................391
401
Ministers may require the Safety Authority to prepare reports
or give information ....................................................................392
402
Responsible Commonwealth Minister may give directions to
the Safety Authority ...................................................................393
403
Prosecutions by the Director of Public Prosecutions under
mirror provisions........................................................................395
404
Australian Industrial Relations Commission may exercise
powers under mirror provisions ..................................................395
405
Reviews of operations of Safety Authority..................................396
Chapter 5--Information
398
Part 5.1--Data management and gathering of information
398
Division 1--Introduction
398
406
Simplified outline ......................................................................398
Division 2--Data management
399
407
Direction to keep records............................................................399
408
Regulations about data management ...........................................400
Division 3--Information-gathering powers
403
409
Designated Authority or project inspector may obtain
information and documents ........................................................403
410
Copying documents--reasonable compensation..........................405
411
Power to examine on oath or affirmation.....................................405
412
Self-incrimination ......................................................................405
413
Copies of documents..................................................................406
414
Designated Authority or project inspector may retain
documents .................................................................................406
415
False or misleading information..................................................406
416
False or misleading documents ...................................................407
417
False or misleading evidence......................................................407
Part 5.2--Release of regulatory information
408
418
Notifiable events--Gazette notice...............................................408
419
Designated Authority to make documents available to
responsible Commonwealth Minister ..........................................409
Part 5.3--Release of technical information
410
Division 1--Introduction
410
420
Simplified outline ......................................................................410
Offshore Petroleum Bill 2005 No. , 2005 xviii
421
Definitions.................................................................................410
Division 2--Protection of confidentiality of information and
samples
412
Subdivision A--Information and samples obtained by the
Designated Authority
412
422
Protection of confidentiality of documentary information
obtained by the Designated Authority .........................................412
423
Protection of confidentiality of petroleum mining samples
obtained by the Designated Authority .........................................412
424
Designated Authority may make information or samples
available to a Minister, a State Minister or a Northern
Territory Minister ......................................................................413
Subdivision B--Information and samples obtained by a Minister
413
425
Protection of confidentiality of information obtained by a
Minister.....................................................................................413
426
Protection of confidentiality of petroleum mining samples
obtained by a Minister................................................................414
Subdivision C--Miscellaneous
414
427
Fees...........................................................................................414
428
Review by Minister....................................................................415
429
Privacy Act................................................................................415
Division 3--Copyright
416
430
Publishing or making copies of applicable documents not an
infringement of copyright...........................................................416
Division 4--Release of technical information given to the
Designated Authority before 7 March 2000
417
431
Release of technical information given to the Designated
Authority before 7 March 2000...................................................417
Chapter 6--Miscellaneous
418
Part 6.1--Reconsideration and review of decisions
418
432
Simplified outline ......................................................................418
433
Definitions.................................................................................418
434
Reconsideration of reviewable delegated decision .......................419
435
Review of reviewable Ministerial decision..................................421
Part 6.2--Liability for acts and omissions
422
436
Liability for acts and omissions ..................................................422
Part 6.3--Jurisdiction of courts
424
437
Jurisdiction of State courts..........................................................424
xix Offshore Petroleum Bill 2005 No. , 2005
438
Jurisdiction of Territory courts....................................................424
Part 6.4--Service of documents
425
439
Service of documents .................................................................425
440
Service of documents on Joint Authority.....................................427
441
Service of documents on 2 or more registered holders of a
title............................................................................................427
Part 6.5--Publication in Gazette
429
442
Publication in Gazette ................................................................429
Part 6.6--Regulations
430
443
Regulations................................................................................430
444
Regulations dealing with specific matters....................................430
445
Regulations may provide for matters by reference to codes of
practice or standards...................................................................431
446
Unconditional or conditional prohibition.....................................432
447
Exercise of Australia's rights under international law--
continental shelf.........................................................................432
448
Exercise of Australia's rights under international law--
petroleum within territorial limits ...............................................432
449
Offences ....................................................................................432
Part 6.7--Transitional provisions
434
450
Transitional provisions...............................................................434
Schedule 1--Scheduled areas for the States and
Territories
435
1
Scheduled area for New South Wales..........................................435
2
Scheduled area for Victoria ........................................................436
3
Scheduled area for Queensland...................................................437
4
Scheduled area for South Australia .............................................440
5
Scheduled area for Western Australia .........................................441
6
Scheduled area for Tasmania......................................................446
7
Scheduled area for the Northern Territory...................................448
8
Scheduled area for the Territory of Ashmore and Cartier
Islands .......................................................................................450
9
References to this Schedule in other laws....................................453
Schedule 2--Area that includes the area to be avoided
454
1
Area that includes the area to be avoided.....................................454
Offshore Petroleum Bill 2005 No. , 2005 xx
Schedule 3--Occupational health and safety
455
Part 1--Introduction
455
1
Objects ......................................................................................455
2
Simplified outline ......................................................................455
3
Definitions.................................................................................457
4
Facilities....................................................................................461
5
Operator of a facility or proposed facility....................................463
6
Operator must ensure presence of operator's representative .........463
7
Health and safety of persons using an accommodation
facility.......................................................................................464
8
Contractor..................................................................................464
Part 2--Occupational health and safety
465
Division 1--Duties relating to occupational health and safety
465
9
Duties of operator ......................................................................465
10
Duties of persons in control of parts of facility or particular
work ..........................................................................................467
11
Duties of employers ...................................................................469
12
Duties of manufacturers in relation to plant and substances..........470
13
Duties of suppliers of facilities, plant and substances...................472
14
Duties of persons erecting facilities or installing plant .................474
15
Duties of persons in relation to occupational health and
safety.........................................................................................475
16
Reliance on information supplied or results of research ...............476
Division 2--Regulations relating to occupational health and
safety
478
17
Regulations relating to occupational health and safety .................478
Part 3--Workplace arrangements
480
Division 1--Introduction
480
18
Simplified outline ......................................................................480
Division 2--Designated work groups
481
Subdivision A--Establishment of designated work groups
481
19
Establishment of designated work groups by request ...................481
20
Establishment of designated work groups at initiative of
operator .....................................................................................482
Subdivision B--Variation of designated work groups
482
21
Variation of designated work groups by request ..........................482
22
Variation of designated work groups at initiative of operator .......484
xxi Offshore Petroleum Bill 2005 No. , 2005
Subdivision C--General
484
23
Referral of disagreement to reviewing authority ..........................484
24
Manner of grouping members of the workforce...........................485
Division 3--Health and safety representatives
486
Subdivision A--Selection of health and safety representatives
486
25
Selection of health and safety representatives..............................486
26
Election of health and safety representatives ...............................486
27
List of health and safety representatives......................................487
28
Members of designated work group must be notified of
selection etc. of health and safety representative..........................488
29
Term of office............................................................................488
30
Training of health and safety representatives...............................489
31
Resignation etc. of health and safety representatives....................489
32
Disqualification of health and safety representatives....................490
33
Deputy health and safety representatives.....................................491
Subdivision B--Powers of health and safety representatives
492
34
Powers of health and safety representatives.................................492
35
Assistance by consultant.............................................................493
36
Information................................................................................494
37
Obligations and liabilities of health and safety
representatives ...........................................................................495
38
Provisional improvement notices................................................495
39
Effect of provisional improvement notice....................................497
Subdivision C--Duties of the operator and other employers in
relation to health and safety representatives
499
40
Duties of the operator and other employers in relation to
health and safety representatives.................................................499
Division 4--Health and safety committees
502
41
Health and safety committees .....................................................502
42
Functions of health and safety committees ..................................503
43
Duties of the operator and other employers in relation to
health and safety committees......................................................504
Division 5--Emergency procedures
506
44
Action by health and safety representatives.................................506
45
Direction to perform other work .................................................507
Division 6--Exemptions
509
46
Exemptions................................................................................509
Offshore Petroleum Bill 2005 No. , 2005 xxii
Part 4--Inspections
510
Division 1--Introduction
510
47
Simplified outline ......................................................................510
48
Powers, functions and duties of OHS inspectors..........................510
Division 2--Inspections
512
49
Inspections.................................................................................512
Division 3--Powers of OHS inspectors in relation to the conduct
of inspections
513
Subdivision A--General powers of entry and search
513
50
Powers of entry and search--facilities ........................................513
51
Powers of entry and search--regulated business premises
(other than facilities) ..................................................................514
52
Powers of entry and search--premises (other than regulated
business premises) .....................................................................515
53
Warrant to enter premises (other than regulated business
premises) ...................................................................................516
54
Obstructing or hindering OHS inspector .....................................517
Subdivision B--Offence-related searches and seizures
518
55
What is evidential material? .......................................................518
56
Offence-related searches and seizures--OHS inspector
already present at facility............................................................518
57
Offence-related searches and seizures--OHS inspector not
already present at facility, premises or vessel ..............................521
58
Data access powers ....................................................................524
59
Data seizure powers ...................................................................526
60
Access to computer data.............................................................527
61
Compensation for damage to equipment .....................................528
62
Copies of things seized to be provided ........................................529
63
Operator's representative, occupier or master entitled to be
present during search..................................................................530
64
Receipts for things seized...........................................................531
65
Retention of things seized...........................................................531
66
Magistrate may permit a thing seized to be retained for a
further period.............................................................................531
67
Magistrate may issue warrant .....................................................532
68
Reasonable grounds for issuing warrant etc.................................533
69
Contents of warrant....................................................................534
70
Provisions relating to issue of warrant by telephone etc. ..............534
71
Proceedings involving warrant issued by telephone etc................536
72
This Subdivision does not limit other powers ..............................536
xxiii Offshore Petroleum Bill 2005 No. , 2005
Subdivision C--Other powers
537
73
Power to require assistance.........................................................537
74
Power to require the answering of questions and the
production of documents or articles ............................................538
75
Power to take possession of plant, take samples of
substances etc. ...........................................................................541
76
Power to direct that workplace etc. not be disturbed ....................542
77
Power to issue prohibition notices...............................................544
78
Power to issue improvement notices ...........................................546
79
Notices not to be tampered with or removed................................549
Division 4--Reports on inspections
550
80
Reports on inspections ...............................................................550
Division 5--Appeals
552
81
Appeals against decisions of OHS inspectors ..............................552
Part 5--General provisions
555
82
Notifying and reporting accidents and dangerous occurrences......555
83
Records of accidents and dangerous occurrences to be kept .........557
84
Codes of practice .......................................................................557
85
Use of codes of practice in criminal proceedings .........................558
86
Interference etc. with equipment etc............................................558
87
Members of workforce not to be levied.......................................559
88
Employer not to dismiss etc. employees on certain grounds.........559
89
Institution of prosecutions ..........................................................560
90
Conduct of directors, employees and agents ................................562
91
Schedule not to give rise to other liabilities etc............................563
92
Circumstances preventing compliance may be defence to
prosecution ................................................................................563
93
Regulations--general.................................................................564
Schedule 4--Production licences to which the Royalty
Act applies
565
Part 1--Introduction
565
1
Definitions.................................................................................565
Part 2--Applying for a production licence
566
2
Application for production licence by holder of exploration
permit to which the Royalty Act applies......................................566
3
Application period .....................................................................569
4
Application for production licence by holder of retention
lease to which the Royalty Act applies........................................570
Offshore Petroleum Bill 2005 No. , 2005 xxiv
Part 3--Obtaining a production licence
573
5
Secondary production licence--offer document must specify
rate of royalty ............................................................................573
6
Limit on grant of secondary production licence...........................573
Part 4--Variation of licence area
574
7
Variation of licence area of production licence............................574
Part 5--What happens if a block is not taken up
575
8
Revocation of exploration permit or retention lease to the
extent to which it relates to a block not taken up..........................575
Schedule 5--Release of technical information given to
the Designated Authority before 7 March
2000
577
1
Simplified outline ......................................................................577
2
Definitions.................................................................................577
3
Time of receipt of certain information.........................................578
4
Protection of the confidentiality of information ...........................578
5
Designated Authority may make information available to a
Minister, a State Minister or a Northern Territory Minister ..........579
6
Disclosure of basic information given in connection with an
application.................................................................................579
7
Disclosure of basic information after authorised release day ........580
8
Disclosure of information that is in the public domain.................583
9
Disclosure of derivative information after 5 years........................584
10
Transitional--section 118 of the repealed Petroleum
(Submerged Lands) Act 1967......................................................587
Schedule 6--Transitional provisions
588
Part 1--Basic provisions
588
1
Definitions.................................................................................588
2
Re-enactment of the Petroleum (Submerged Lands) Act 1967......589
3
Old titles continue in force .........................................................589
4
Transitional--eligible instruments ..............................................589
5
Transitional--acts or things done before commencement ............590
6
Transitional--conditions of old titles ..........................................591
7
Translation of references in documents .......................................591
8
Transitional regulations..............................................................594
Part 2--Specific provisions
595
9
Joint Authority...........................................................................595
xxv Offshore Petroleum Bill 2005 No. , 2005
10
Joint Authority for an external Territory......................................595
11
Designated Authority .................................................................595
12
Chief Executive Officer of the National Offshore Petroleum
Safety Authority.........................................................................596
13
Project inspectors.......................................................................596
14
Offshore area .............................................................................596
15
Registers....................................................................................596
16
Registration fees--transfer .........................................................597
17
Registration fees--dealings ........................................................597
18
Retention and inspection of documents .......................................598
19
Assessment of registration fee ....................................................598
20
Payments by the Commonwealth to the States and the
Northern Territory......................................................................599
21
Adjustment to period required or allowed for doing an act or
thing etc.....................................................................................599
22
Old titles--continuation in force beyond date of expiry ...............601
23
Renewal of exploration permits ..................................................602
24
Renewal of retention leases ........................................................602
25
Grant of production licences over individual blocks ....................602
26
Renewal of fixed-term production licences..................................603
27
Grant of pipeline licences ...........................................................603
28
Requirement to provide further information in connection
with application for title .............................................................603
29
Revocation of exploration permits, retention leases,
production licences and access authorities...................................604
30
Surrender of title ........................................................................604
31
Cancellation of old titles.............................................................605
32
Commencement of works or operations ......................................605
33
Deduction of debts from proceeds of sale of property ..................606
34
Authorised persons.....................................................................606
35
Release of regulatory information...............................................607
36
Release of technical information--deemed time of receipt of
certain information and samples .................................................607
37
Liability for acts and omissions ..................................................608
38
Reconsideration and review of decisions.....................................608
39
Meaning of petroleum in the Petroleum (Submerged Lands)
Act 1967 ....................................................................................608
40
OHS inspections ........................................................................608
41
OHS prosecutions ......................................................................609
42
Disqualification of health and safety representatives....................610
Offshore Petroleum Bill 2005 No. , 2005 1
A Bill for an Act about offshore petroleum, and for
1
other purposes
2
The Parliament of Australia enacts:
3
Chapter 1--Introduction
4
Part 1.1--Legislative formalities and background
5
6
1 Short title
7
This Act may be cited as the Offshore Petroleum Act 2005.
8
Chapter 1 Introduction
Part 1.1 Legislative formalities and background
Section 2
2 Offshore Petroleum Bill 2005 No. , 2005
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Sections 3 to 5
A single day to be fixed by Proclamation.
3. Parts 1.2, 1.3
and 1.4
At the same time as the provision(s) covered
by table item 2.
4. Chapters 2 to 6
At the same time as the provision(s) covered
by table item 2.
5. Schedules 1, 2,
3, 4 and 5
At the same time as the provision(s) covered
by table item 2.
6. Schedule 6,
clauses 1 to 38
At the same time as the provision(s) covered
by table item 2.
7. Schedule 6,
clause 39
The day on which this Act receives the
Royal Assent.
8. Schedule 6,
clauses 40 to 42
At the same time as the provision(s) covered
by table item 2.
Note:
This table relates only to the provisions of this Act as originally
7
passed by the Parliament and assented to. It will not be expanded to
8
deal with provisions inserted in this Act after assent.
9
(2) Column 3 of the table contains additional information that is not
10
part of this Act. Information in this column may be added to or
11
edited in any published version of this Act.
12
Introduction Chapter 1
Legislative formalities and background Part 1.1
Section 3
Offshore Petroleum Bill 2005 No. , 2005 3
3 Simplified outline
1
The following is a simplified outline of this Act:
2
·
This Act sets up a system for regulating the following
3
activities in offshore areas:
4
(a)
exploration for petroleum;
5
(b)
recovery of petroleum;
6
(c)
construction and operation of petroleum-related
7
infrastructure facilities;
8
(d)
construction and operation of petroleum pipelines.
9
·
An offshore area:
10
(a)
starts 3 nautical miles from the baseline from
11
which the breadth of the territorial sea is measured;
12
and
13
(b)
extends seaward to the outer limits of the
14
continental shelf.
15
·
This Act provides for the grant of the following titles:
16
(a)
an exploration permit (see Part 2.2);
17
(b)
a retention lease (see Part 2.3);
18
(c)
a production licence (see Part 2.4);
19
(d)
an infrastructure licence (see Part 2.5);
20
(e)
a pipeline licence (see Part 2.6);
21
(f)
a special prospecting authority (see Part 2.7);
22
(g)
an access authority (see Part 2.8).
23
Chapter 1 Introduction
Part 1.1 Legislative formalities and background
Section 4
4 Offshore Petroleum Bill 2005 No. , 2005
·
Generally, the administration of this Act in relation to an
1
offshore area of a State or the Northern Territory is divided
2
between:
3
(a)
the Joint Authority for the State or Territory (the
4
Joint Authority is constituted by the responsible
5
State/Territory Minister and the responsible
6
Commonwealth Minister); and
7
(b)
the Designated Authority of the State or Territory
8
(the Designated Authority is the responsible
9
State/Territory Minister).
10
·
The National Offshore Petroleum Safety Authority is
11
responsible for the administration of occupational health and
12
safety provisions.
13
Note:
Generally, the baseline is the line of lowest astronomical tide along
14
the coast, but it also encompasses straight lines across bays (bay
15
closing lines), rivers (river closing lines) and between islands, as well
16
as along heavily indented areas of coastline (straight baselines) under
17
certain circumstances.
18
4 Commonwealth-State agreement (the Offshore Constitutional
19
Settlement)
20
(1) This section explains the agreement known as the Offshore
21
Constitutional Settlement, to the extent to which that agreement
22
relates to exploring for, and exploiting, petroleum.
23
(2) The Commonwealth, the States and the Northern Territory have
24
agreed that:
25
(a) Commonwealth offshore petroleum legislation should be
26
limited to the area that is outside the coastal waters of the
27
States and the Northern Territory; and
28
(b) for this purpose, the outer limits of State and Northern
29
Territory coastal waters should start 3 nautical miles from the
30
baseline of the territorial sea; and
31
(c) the States and the Northern Territory should share, in the
32
manner provided by this Act, in the administration of the
33
Commonwealth offshore petroleum legislation; and
34
Introduction Chapter 1
Legislative formalities and background Part 1.1
Section 4
Offshore Petroleum Bill 2005 No. , 2005 5
(d) State and Northern Territory offshore petroleum legislation
1
should apply to State and Northern Territory coastal waters;
2
and
3
(e) the Commonwealth, the States and the Northern Territory
4
should try to maintain, as far as practicable, common
5
principles, rules and practices in regulating and controlling
6
the exploration for, and exploitation of, offshore petroleum
7
beyond the baseline of Australia's territorial sea.
8
(3) The table summarises other Acts that provide background to the
9
Offshore Constitutional Settlement:
10
11
Chapter 1 Introduction
Part 1.1 Legislative formalities and background
Section 4
6 Offshore Petroleum Bill 2005 No. , 2005
Other Acts
Item
Act
Summary of Act
1
Seas and Submerged
Lands Act 1973
This Act:
(a) declared and enacted that the
sovereignty in respect of the territorial
sea and the associated airspace, seabed
and subsoil is vested in and
exercisable by the Crown in right of
the Commonwealth; and
(b) gave the Governor-General power to
declare, by Proclamation, the limits of
the territorial sea; and
(c) declared and enacted that the
sovereignty in respect of waters of the
sea that are on the landward side of the
baseline of the territorial sea (but not
within the limits of a State) and in
respect of the associated airspace,
seabed and subsoil is vested in and
exercisable by the Crown in right of
the Commonwealth; and
(d) declared and enacted that the
sovereign rights of Australia as a
coastal state in respect of the
continental shelf of Australia (for the
purpose of exploring it and exploiting
its natural resources) are vested in and
exercisable by the Crown in right of
the Commonwealth; and
(e) gave the Governor-General power to
declare, by Proclamation, the limits of
the continental shelf of Australia.
2
Coastal Waters (State
Powers) Act 1980
This Act was enacted following a request
from the Parliaments of all the States
under paragraph 51(xxxviii) of the
Constitution of the Commonwealth and
provided that the legislative powers
exercisable under the Constitution of each
State extended to the making of certain
laws that would operate offshore.
Introduction Chapter 1
Legislative formalities and background Part 1.1
Section 5
Offshore Petroleum Bill 2005 No. , 2005 7
Other Acts
Item
Act
Summary of Act
3
Coastal Waters (Northern
Territory Powers) Act
1980
This Act makes similar provision to the
Coastal Waters (State Powers) Act 1980
in relation to the Northern Territory.
4
Coastal Waters (State
Title) Act 1980
This Act vested in each State certain
property rights in the seabed beneath the
coastal waters of the State.
5
Coastal Waters (Northern
Territory Title) Act 1980
This Act makes similar provision to the
Coastal Waters (State Title) Act 1980 in
relation to the Northern Territory.
6
Offshore Minerals Act
1994
This Act makes provision, based on the
Offshore Constitutional Settlement, for
the licensing regime that applies to the
exploration for, and recovery of, minerals
(other than petroleum) in offshore areas.
5 Simplified maps
1
(1) This section sets out simplified maps illustrating areas off the coast
2
of Australia that are relevant to this Act.
3
(2) In the interests of simplification:
4
(a) coastlines and boundaries have been smoothed; and
5
(b) the maps do not show certain waters within the limits of a
6
State or Territory; and
7
(c) the line marking the outer limits of the coastal waters of a
8
State or Territory appears to be further out to sea than it
9
actually is.
10
Map 1
11
(3) Map 1 illustrates the offshore areas and the scheduled areas:
12
Chapter 1 Introduction
Part 1.1 Legislative formalities and background
Section 5
8 Offshore Petroleum Bill 2005 No. , 2005
1
Note 1:
As at the day on which the Bill that became this Act was introduced
2
into the House of Representatives, certain maritime areas adjacent to
3
Australia remained subject to delimitation with other countries. The
4
full extent of Australia's claimed exclusive economic zone and
5
continental shelf jurisdiction has not been shown in this map. The
6
claimed jurisdiction extends beyond the areas shown in this map.
7
Note 2:
Generally, the territorial sea baseline is the line of lowest astronomical
8
tide along the coast, but it also encompasses straight lines across bays
9
(bay closing lines), rivers (river closing lines) and between islands, as
10
well as along heavily indented areas of coastline (straight baselines)
11
under certain circumstances.
12
Note 3:
The location of the Joint Petroleum Development Area established
13
under the Timor Sea Treaty is indicated on this map as the unshaded
14
space abutting the offshore areas of Western Australia and the
15
Introduction Chapter 1
Legislative formalities and background Part 1.1
Section 5
Offshore Petroleum Bill 2005 No. , 2005 9
Northern Territory. The Joint Petroleum Development Area is not
1
included in any offshore area as defined by this Act.
2
Map 2
3
(4) Map 2 zooms in and illustrates the offshore area of South
4
Australia:
5
6
Chapter 1 Introduction
Part 1.1 Legislative formalities and background
Section 5
10 Offshore Petroleum Bill 2005 No. , 2005
Map 3
1
(5) Map 3 zooms in and illustrates coastal waters and waters within the
2
limits of South Australia:
3
Introduction Chapter 1
Legislative formalities and background Part 1.1
Section 5
Offshore Petroleum Bill 2005 No. , 2005 11
1
Chapter 1 Introduction
Part 1.1 Legislative formalities and background
Section 5
12 Offshore Petroleum Bill 2005 No. , 2005
Note:
The bays shown as being within the limits of South Australia are for
1
illustrative purposes only.
2
Introduction Chapter 1
Interpretation Part 1.2
General Division 1
Section 6
Offshore Petroleum Bill 2005 No. , 2005 13
1
Part 1.2--Interpretation
2
Division 1--General
3
6 Definitions
4
In this Act, unless the contrary intention appears:
5
access authority means an access authority granted under:
6
(a) Part 2.8 of this Act; or
7
(b) section 112 of the repealed Petroleum (Submerged Lands)
8
Act 1967.
9
Annual Fees Act means the Offshore Petroleum (Annual Fees) Act
10
2005.
11
applied provisions has the meaning given by subsection 59(2).
12
approved means approved in writing by the Designated Authority.
13
authority area:
14
(a) when used in relation to a special prospecting authority--
15
means the area constituted by the block or blocks that are the
16
subject of the special prospecting authority; or
17
(b) when used in relation to an access authority--means the area
18
to which the access authority relates.
19
block means a block constituted as provided by section 16 or 245.
20
cash-bid exploration permit means:
21
(a) an exploration permit granted under:
22
(i) Division 3 of Part 2.2 of this Act; or
23
(ii) section 22B of the repealed Petroleum (Submerged
24
Lands) Act 1967; or
25
(b) an exploration permit granted under:
26
(i) Division 5 of Part 2.2 of this Act; or
27
(ii) section 32 of the repealed Petroleum (Submerged
28
Lands) Act 1967;
29
Chapter 1 Introduction
Part 1.2 Interpretation
Division 1 General
Section 6
14 Offshore Petroleum Bill 2005 No. , 2005
by way of the renewal of a permit referred to in
1
paragraph (a).
2
charge, when used in relation to the assets of a body corporate, has
3
the same meaning as in section 263 of the Corporations Act 2001.
4
coastal waters, in relation to a State or the Northern Territory,
5
means so much of the scheduled area for the State or Territory as
6
consists of:
7
(a) the first 3 nautical miles of the territorial sea from the
8
baseline; and
9
(b) any waters that are within the baseline and not within the
10
limit of the State or Territory.
11
construct includes place.
12
continental shelf means the continental shelf (within the meaning
13
of the Seas and Submerged Lands Act 1973) adjacent to the coast
14
of:
15
(a) Australia (including the coast of any island forming part of a
16
State or Territory); or
17
(b) a Territory.
18
datum means a reference frame for defining geographic
19
coordinates.
20
Note:
If the position on the surface of the Earth of a particular point is
21
identified by a coordinate that is determined by reference to a
22
particular datum, the use of a different datum will result in the same
23
point being identified by a different coordinate.
24
debenture has the same meaning as in section 263 of the
25
Corporations Act 2001.
26
Designated Authority has the meaning given by section 50 and,
27
when used in the expression the Designated Authority, means the
28
Designated Authority of the State or Territory concerned.
29
engage in conduct means:
30
(a) do an act; or
31
(b) omit to perform an act.
32
Introduction Chapter 1
Interpretation Part 1.2
General Division 1
Section 6
Offshore Petroleum Bill 2005 No. , 2005 15
expiry date, in relation to an exploration permit, retention lease or
1
production licence, has the meaning given by section 9.
2
exploration permit means:
3
(a) a work-bid exploration permit; or
4
(b) a cash-bid exploration permit; or
5
(c) a special exploration permit.
6
exploration permit area means the permit area of an exploration
7
permit.
8
exploration permittee means the registered holder of an
9
exploration permit.
10
explore, in relation to petroleum, has a meaning affected by
11
section 15.
12
Federal Court means the Federal Court of Australia.
13
fixed-term production licence means a production licence covered
14
by item 2 or 3 of the table in subsection 139(1).
15
geographic coordinate includes:
16
(a) a meridian of longitude by itself; and
17
(b) a parallel of latitude by itself.
18
good oilfield practice means all those things that are generally
19
accepted as good and safe in:
20
(a) the carrying on of exploration for petroleum; or
21
(b) petroleum recovery operations.
22
good processing and transport practice means all those things that
23
are generally accepted as good and safe in:
24
(a) the processing, conveyance, transport and storage of
25
petroleum; and
26
(b) the preparation of petroleum for transport.
27
graticular section has the meaning given by section 16.
28
infrastructure facility has the meaning given by section 13.
29
Chapter 1 Introduction
Part 1.2 Interpretation
Division 1 General
Section 6
16 Offshore Petroleum Bill 2005 No. , 2005
infrastructure licence means an infrastructure licence granted
1
under:
2
(a) Part 2.5 of this Act; or
3
(b) Division 3A of Part III of the repealed Petroleum
4
(Submerged Lands) Act 1967.
5
infrastructure licence area means the licence area of an
6
infrastructure licence.
7
infrastructure licensee means the registered holder of an
8
infrastructure licence.
9
Joint Authority has the meaning given by section 38 and, when
10
used in the expression the Joint Authority, means the Joint
11
Authority of the State or Territory concerned.
12
Joint Petroleum Development Area has the same meaning as in
13
the Petroleum (Timor Sea Treaty) Act 2003.
14
lease area, when used in relation to a retention lease, means the
15
area constituted by the block or blocks that are the subject of the
16
lease.
17
lessee, when used in relation to a retention lease, means the
18
registered holder of the lease.
19
licence area:
20
(a) when used in relation to an infrastructure licence--means the
21
place in relation to which the infrastructure licence is in
22
force; or
23
(b) when used in relation to a production licence--means the
24
area constituted by the block or blocks that are the subject of
25
the production licence.
26
Note:
The place in relation to which an infrastructure licence is in force must
27
be a place in an offshore area--see subsection 170(2) and section 171.
28
licensee:
29
(a) when used in relation to a production licence--means the
30
registered holder of the production licence; or
31
(b) when used in relation to an infrastructure licence--means the
32
registered holder of the infrastructure licence; or
33
Introduction Chapter 1
Interpretation Part 1.2
General Division 1
Section 6
Offshore Petroleum Bill 2005 No. , 2005 17
(c) when used in relation to a pipeline licence--means the
1
registered holder of the pipeline licence.
2
life-of-field production licence means a production licence
3
covered by item 1 or 4 of the table in subsection 139(1).
4
listed OHS laws has the meaning given by section 348.
5
location means a block or blocks in relation to which a declaration
6
under section 109 is in force.
7
natural resources has the same meaning as in paragraph 4 of
8
Article 77 of the United Nations Convention on the Law of the Sea
9
done at Montego Bay on 10 December 1982.
10
Note:
Paragraph 4 of Article 77 is as follows:
11
The natural resources referred to in this Part consist of the mineral and
12
other non-living resources of the seabed and subsoil together with
13
living organisms belonging to sedentary species, that is to say,
14
organisms which, at the harvestable stage, either are immobile on or
15
under the seabed or are unable to move except in constant physical
16
contact with the seabed or the subsoil.
17
New Zealand boundary treaty means the Treaty between Australia
18
and New Zealand establishing certain exclusive economic zone
19
boundaries and continental shelf boundaries that was signed at
20
Adelaide on 25 July 2004.
21
Northern Territory title means an authority, however described,
22
under a law of the Northern Territory, to explore for, or to recover,
23
petroleum.
24
offshore area means an offshore area of a State or Territory within
25
the meaning of section 7 and, when used in the expression the
26
offshore area, means the offshore area of the State or Territory
27
concerned.
28
Note:
The offshore area corresponds to the term adjacent area under the
29
repealed Petroleum (Submerged Lands) Act 1967.
30
original exploration permit means an exploration permit granted
31
otherwise than by way of renewal.
32
original production licence means a production licence granted
33
otherwise than by way of renewal.
34
Chapter 1 Introduction
Part 1.2 Interpretation
Division 1 General
Section 6
18 Offshore Petroleum Bill 2005 No. , 2005
partly cancelled means:
1
(a) in relation to an exploration permit or production licence--
2
cancelled as to one or more, but not all, of the blocks the
3
subject of the permit or licence; and
4
(b) in relation to a pipeline licence--cancelled as to a part of the
5
pipeline the subject of the licence.
6
partly revoked, in relation to an exploration permit or retention
7
lease, means revoked as to one or more, but not all, of the blocks
8
the subject of the permit or lease.
9
partly surrendered, in relation to an exploration permit or
10
production licence, means surrendered as to one or more, but not
11
all, of the blocks the subject of the permit or licence.
12
partly terminated, in relation to a pipeline licence, means
13
terminated as to a part of the pipeline the subject of the licence.
14
permit area, when used in relation to an exploration permit, means
15
the area constituted by the block or blocks that are the subject of
16
the exploration permit.
17
permittee, when used in relation to an exploration permit, means
18
the registered holder of the exploration permit.
19
petroleum means:
20
(a) any naturally occurring hydrocarbon, whether in a gaseous,
21
liquid or solid state; or
22
(b) any naturally occurring mixture of hydrocarbons, whether in
23
a gaseous, liquid or solid state; or
24
(c) any naturally occurring mixture of:
25
(i) one or more hydrocarbons, whether in a gaseous, liquid
26
or solid state; and
27
(ii) one or more of the following, that is to say, hydrogen
28
sulphide, nitrogen, helium and carbon dioxide;
29
and:
30
(d) includes any petroleum as defined by paragraph (a), (b) or (c)
31
that has been returned to a natural reservoir; and
32
(e) for the purposes of the pipeline provisions, also includes any
33
petroleum as defined by paragraph (a), (b), (c) or (d), where:
34
Introduction Chapter 1
Interpretation Part 1.2
General Division 1
Section 6
Offshore Petroleum Bill 2005 No. , 2005 19
(i) one or more things have been added; or
1
(ii) one or more things have been wholly or partly removed;
2
or both; and
3
(f) for the purposes of the pipeline provisions, also includes any
4
mixture that:
5
(i) has been recovered from a well; and
6
(ii) includes petroleum as defined by paragraph (a), (b), (c)
7
or (d);
8
whether or not:
9
(iii) one or more things have been added; or
10
(iv) one or more things have been wholly or partly removed;
11
or both.
12
petroleum pool means a naturally occurring discrete accumulation
13
of petroleum.
14
pipeline means:
15
(a) a pipe, or system of pipes, in an offshore area for conveying
16
petroleum (whether or not the petroleum is recovered from an
17
offshore area), other than a secondary line; or
18
(b) a part of a pipe covered by paragraph (a); or
19
(c) a part of a system of pipes covered by paragraph (a).
20
pipeline licence means a pipeline licence granted under:
21
(a) Part 2.6 of this Act; or
22
(b) Division 4 of Part III of the repealed Petroleum (Submerged
23
Lands) Act 1967.
24
pipeline licensee means the registered holder of a pipeline licence.
25
pipeline provisions means the following:
26
(a) Part 2.6;
27
(b) the definition of pipeline in this section;
28
(c) the definition of pumping station in this section;
29
(d) the definition of tank station in this section;
30
(e) the definition of valve station in this section;
31
(f) item 3 of the table in subsection 301(1).
32
Chapter 1 Introduction
Part 1.2 Interpretation
Division 1 General
Section 6
20 Offshore Petroleum Bill 2005 No. , 2005
production licence means a production licence granted under:
1
(a) Part 2.4 of this Act; or
2
(b) Division 3 of Part III of the repealed Petroleum (Submerged
3
Lands) Act 1967; or
4
(c) section 148 of the repealed Petroleum (Submerged Lands)
5
Act 1967.
6
production licence area means the licence area of a production
7
licence.
8
production licensee means the registered holder of a production
9
licence.
10
project inspector means a person appointed as a project inspector
11
under section 318.
12
pumping station means equipment for pumping petroleum or
13
water, and includes any structure associated with that equipment.
14
Register means:
15
(a) a Register kept under section 253; and
16
(b) when used in relation to the Designated Authority for an
17
offshore area--means the Register kept under section 253 by
18
that Designated Authority.
19
registered holder, in relation to a title, means the person whose
20
name is shown in the Register as the holder of the title. For this
21
purpose, a title is an exploration permit, retention lease, production
22
licence, infrastructure licence, pipeline licence, special prospecting
23
authority or access authority.
24
Registration Fees Act means the Offshore Petroleum (Registration
25
Fees) Act 2005.
26
regulated operation means an activity to which Chapter 2 applies.
27
renewal, in relation to an exploration permit, retention lease or
28
production licence, has the meaning given by section 10.
29
responsible Commonwealth Minister means:
30
(a) the Minister who is responsible for the administration of this
31
Act; or
32
Introduction Chapter 1
Interpretation Part 1.2
General Division 1
Section 6
Offshore Petroleum Bill 2005 No. , 2005 21
(b) another Minister acting for and on behalf of the Minister
1
referred to in paragraph (a).
2
responsible Northern Territory Minister means:
3
(a) the Minister of the Northern Territory who is authorised
4
under a law of the Northern Territory to perform the
5
functions of a Designated Authority under this Act; or
6
(b) another Minister of the Northern Territory acting for and on
7
behalf of the Minister referred to in paragraph (a).
8
responsible State Minister, in relation to a State, means:
9
(a) the Minister of the State who is authorised under a law of the
10
State to perform the functions of a Designated Authority
11
under this Act; or
12
(b) another Minister of the State acting for and on behalf of the
13
Minister referred to in paragraph (a).
14
retention lease means a retention lease granted under:
15
(a) Part 2.3 of this Act; or
16
(b) Division 2A of Part III of the repealed Petroleum
17
(Submerged Lands) Act 1967.
18
retention lease area means the lease area of a retention lease.
19
retention lessee means the registered holder of a retention lease.
20
Royalty Act means the Offshore Petroleum (Royalty) Act 2005.
21
Safety Authority means the National Offshore Petroleum Safety
22
Authority continued in existence by section 355.
23
scheduled area, in relation to a State or Territory, has the meaning
24
given by Schedule 1.
25
scientific investigation consent means a scientific investigation
26
consent granted under:
27
(a) Part 2.9 of this Act; or
28
(b) section 123 of the repealed Petroleum (Submerged Lands)
29
Act 1967.
30
secondary line means a pipe, or system of pipes, for:
31
Chapter 1 Introduction
Part 1.2 Interpretation
Division 1 General
Section 6
22 Offshore Petroleum Bill 2005 No. , 2005
(a) returning petroleum to a natural reservoir; or
1
(b) conveying petroleum for use for petroleum exploration
2
operations; or
3
(c) conveying petroleum for use for petroleum recovery
4
operations; or
5
(d) conveying petroleum that is to be flared or vented; or
6
(e) conveying petroleum from a well, wherever located, to a
7
terminal station in an offshore area without passing through
8
another terminal station.
9
special exploration permit means:
10
(a) an exploration permit granted under:
11
(i) Division 4 of Part 2.2 of this Act; or
12
(ii) section 27 of the repealed Petroleum (Submerged
13
Lands) Act 1967; or
14
(b) an exploration permit granted under:
15
(i) Division 5 of Part 2.2 of this Act; or
16
(ii) section 32 of the repealed Petroleum (Submerged
17
Lands) Act 1967;
18
by way of the renewal of a permit referred to in
19
paragraph (a).
20
special prospecting authority means a special prospecting
21
authority granted under:
22
(a) Part 2.7 of this Act; or
23
(b) section 111 of the repealed Petroleum (Submerged Lands)
24
Act 1967.
25
State title means an authority, however described, under a law of a
26
State, to explore for, or to recover, petroleum.
27
tank station means a tank, or system of tanks, for holding or
28
storing petroleum, and includes any structure associated with that
29
tank or system of tanks.
30
term, in relation to an exploration permit, retention lease,
31
production licence, infrastructure licence, pipeline licence, special
32
prospecting authority or access authority, has the meaning given by
33
section 9.
34
Introduction Chapter 1
Interpretation Part 1.2
General Division 1
Section 6
Offshore Petroleum Bill 2005 No. , 2005 23
terminal station has the meaning given by section 14.
1
territorial sea has the same meaning as in the Seas and Submerged
2
Lands Act 1973.
3
Territory means a Territory in which this Act applies or to which
4
this Act extends.
5
title:
6
(a) when used in the definition of registered holder--has the
7
meaning given by the second sentence of that definition; or
8
(b) when used in Subdivision A of Division 2 of Part 1.2--has
9
the meaning given by section 21; or
10
(c) when used in Division 3 of Part 1.2--has the meaning given
11
by section 32; or
12
(d) when used in section 55--has the meaning given by
13
subsection 55(4); or
14
(e) when used in section 245--has the meaning given by
15
subsection 245(6); or
16
(f) when used in Chapter 3--has the meaning given by
17
section 251; or
18
(g) when used in section 305--has the meaning given by
19
subsection 305(1); or
20
(h) when used in section 441--has the meaning given by
21
subsection 441(7).
22
title area:
23
(a) when used in Division 3 of Part 1.2--has the meaning given
24
by section 33; or
25
(b) when used in section 303--has the meaning given by
26
subsection 303(1); or
27
(c) when used in section 311--has the meaning given by
28
subsection 311(5).
29
titleholder:
30
(a) when used in Division 3 of Part 1.2--has the meaning given
31
by section 33; or
32
(b) when used in section 303--has the meaning given by
33
subsection 303(1).
34
Chapter 1 Introduction
Part 1.2 Interpretation
Division 1 General
Section 6
24 Offshore Petroleum Bill 2005 No. , 2005
vacated area has the meaning given by section 12.
1
valve station means equipment for regulating the flow of
2
petroleum, and includes any structure associated with that
3
equipment.
4
vessel means a vessel used in navigation, other than air navigation,
5
and includes a barge, lighter or other floating vessel.
6
water line means a pipe, or system of pipes, for conveying water in
7
connection with:
8
(a) petroleum exploration operations; or
9
(b) petroleum recovery operations.
10
well means a hole in the seabed or subsoil made by drilling, boring
11
or any other means in connection with:
12
(a) exploration for petroleum; or
13
(b) petroleum recovery operations;
14
but does not include a seismic shot hole.
15
wholly cancelled, in relation to an exploration permit, production
16
licence or pipeline licence, means cancelled as to all the blocks, or
17
as to the whole of the pipeline, the subject of the permit or licence.
18
wholly revoked, in relation to an exploration permit or retention
19
lease, means revoked as to all the blocks the subject of the permit
20
or lease.
21
wholly terminated, in relation to a pipeline licence, means
22
terminated as to the whole of the pipeline the subject of the licence.
23
work-bid exploration permit means:
24
(a) an exploration permit granted under:
25
(i) Division 2 of Part 2.2 of this Act; or
26
(ii) section 22 of the repealed Petroleum (Submerged
27
Lands) Act 1967; or
28
(b) an exploration permit granted under:
29
(i) Division 5 of Part 2.2 of this Act; or
30
(ii) section 32 of the repealed Petroleum (Submerged
31
Lands) Act 1967;
32
Introduction Chapter 1
Interpretation Part 1.2
General Division 1
Section 7
Offshore Petroleum Bill 2005 No. , 2005 25
by way of the renewal of a permit referred to in
1
paragraph (a).
2
7 Offshore areas
3
(1) For the purposes of this Act, the table has effect:
4
5
Offshore areas
Item
The offshore area of...
is...
1
(a) New South Wales; or
(b) Victoria; or
(c) South Australia; or
(d) Tasmania
so much of the scheduled area for
that State as comprises waters of the
sea that are:
(a) beyond the outer limits of the
coastal waters of that State; and
(b) within the outer limits of the
continental shelf.
2
Queensland
both of the following areas:
(a) so much of the scheduled area for
Queensland as comprises waters
of the sea that are:
(i) beyond the outer limits of
the coastal waters of
Queensland; and
(ii) within the outer limits of
the continental shelf;
(b) the Coral Sea area (as defined by
subsection (2)).
3
Western Australia
so much of the scheduled area for
Western Australia as comprises
waters of the sea that are:
(a) beyond the outer limits of the
coastal waters of Western
Australia; and
(b) within the outer limits of the
continental shelf; and
(c) not within the Joint Petroleum
Development Area.
Chapter 1 Introduction
Part 1.2 Interpretation
Division 1 General
Section 7
26 Offshore Petroleum Bill 2005 No. , 2005
Offshore areas
Item
The offshore area of...
is...
4
the Northern Territory
so much of the scheduled area for the
Northern Territory as comprises
waters of the sea that are:
(a) beyond the outer limits of the
coastal waters of the Northern
Territory; and
(b) within the outer limits of the
continental shelf; and
(c) not within the Joint Petroleum
Development Area.
5
the Territory of Ashmore and
Cartier Islands
so much of the scheduled area for
that Territory as consists of land and
water that is:
(a) within the outer limits of the
continental shelf; and
(b) not within the Joint Petroleum
Development Area.
6
Norfolk Island
the area whose boundaries are:
(a) the coastline at mean low water of
Norfolk Island; and
(b) the outer limit of the superjacent
waters of the continental shelf
adjacent to the coast of Norfolk
Island.
7
the Territory of Heard Island and
McDonald Islands
the area whose boundaries are:
(a) the coastlines at mean low water
of the islands comprising that
Territory; and
(b) the outer limit of the superjacent
waters of the continental shelf
adjacent to the coasts of those
islands.
Introduction Chapter 1
Interpretation Part 1.2
General Division 1
Section 7
Offshore Petroleum Bill 2005 No. , 2005 27
Offshore areas
Item
The offshore area of...
is...
8
the Territory of Christmas Island
the area whose boundaries are:
(a) the coastline at mean low water of
Christmas Island; and
(b) the outer limit of the superjacent
waters of the continental shelf
adjacent to the coast of Christmas
Island.
9
the Territory of Cocos (Keeling)
Islands
both of the following areas:
(a) the area whose boundaries are the
coastline at mean low water of
the north atoll of that Territory
(otherwise called North Keeling
Island), and the outer limit of the
superjacent waters of the
continental shelf adjacent to the
coast of that Island;
(b) the area whose boundaries are the
coastlines at mean low water of
the remaining islands of that
Territory, and the outer limit of
the superjacent waters of the
continental shelf adjacent to the
coasts of those islands.
Note:
The offshore area corresponds to the adjacent area under the repealed
1
Petroleum (Submerged Lands) Act 1967.
2
(2) For the purposes of this section, the Coral Sea area is so much of
3
the area to the east of the area described in paragraph (a) of item 2
4
of the table in subsection (1) as comprises waters of the sea that are
5
within the outer limits of the continental shelf, other than any part
6
of that area that is:
7
(a) to the south of the parallel of Latitude 25° South; or
8
(b) on the landward side of the coastline of any island at mean
9
low water.
10
Note:
For datum, see section 22.
11
Chapter 1 Introduction
Part 1.2 Interpretation
Division 1 General
Section 8
28 Offshore Petroleum Bill 2005 No. , 2005
Territory of Ashmore and Cartier Islands--land taken to be
1
beneath the sea etc.
2
(3) This Act has effect in relation to so much of the offshore area of
3
the Territory of Ashmore and Cartier Islands as consists of land as
4
if that land were:
5
(a) beneath the sea; and
6
(b) part of the seabed and subsoil of that offshore area.
7
Areas of the continental shelf over which Australia does not
8
exercise sovereign rights
9
(4) For the purposes of:
10
(a) an item in the table in subsection (1); and
11
(b) subsection (2);
12
the continental shelf does not include any area of seabed and
13
subsoil that, as a result of an agreement in force between Australia
14
and a foreign country, is not an area over which Australia exercises
15
sovereign rights.
16
8 Spaces above and below offshore areas
17
For the purposes of this Act:
18
(a) the space above or below an offshore area is taken to be in
19
that area; and
20
(b) the space above or below an area that is part of an offshore
21
area is taken to be in that part.
22
9 Term of titles
23
For the purposes of this Act, the table has effect:
24
25
Introduction Chapter 1
Interpretation Part 1.2
General Division 1
Section 10
Offshore Petroleum Bill 2005 No. , 2005 29
Term of title etc.
Item
A reference in this Act to...
is a reference to...
1
the term of:
(a) an exploration permit; or
(b) a retention lease; or
(c) a production licence; or
(d) an infrastructure licence; or
(e) a pipeline licence; or
(f) a special prospecting
authority; or
(g) an access authority;
the period during which the permit,
lease, licence or authority remains in
force.
2
a year of the term of:
(a) an exploration permit; or
(b) a retention lease; or
(c) a production licence; or
(d) an infrastructure licence; or
(e) a pipeline licence;
a period of one year beginning on:
(a) the day on which the permit, lease or
licence comes into force; or
(b) any anniversary of that day.
3
the expiry date of:
(a) an exploration permit; or
(b) a retention lease; or
(c) a production licence;
the day on which the permit, lease or
licence ceases to be in force.
10 Renewal of titles
1
For the purposes of this Act, the table has effect:
2
3
Chapter 1 Introduction
Part 1.2 Interpretation
Division 1 General
Section 11
30 Offshore Petroleum Bill 2005 No. , 2005
Renewal of titles
Column 1
Column 2
Item
A reference in this Act to...
is a reference to...
1
the renewal, or the grant of a
renewal, of an exploration
permit
the grant of an exploration permit over
some or all of the blocks specified in the
permit mentioned in column 1, to begin
on:
(a) the day after the expiry date of the
permit mentioned in column 1; or
(b) the day after the expiry date of the
exploration permit granted on a
previous renewal of the permit
mentioned in column 1.
2
the renewal, or the grant of a
renewal, of a retention lease
the grant of a retention lease over all of
the blocks in relation to which the lease
mentioned in column 1 was in force, to
begin on:
(a) the day after the expiry date of the
lease mentioned in column 1; or
(b) the day after the expiry date of the
retention lease granted on a previous
renewal of the lease mentioned in
column 1.
3
the renewal, or the grant of a
renewal, of a production licence
the grant of a production licence over the
block or blocks specified in the licence
mentioned in column 1, to begin on:
(a) the day after the expiry date of the
licence mentioned in column 1; or
(b) the day after the expiry date of the
production licence granted on a
previous renewal of the licence
mentioned in column 1.
11 Variation of titles
1
If an exploration permit, retention lease, production licence,
2
infrastructure licence, pipeline licence, special prospecting
3
authority or access authority is varied, a reference in this Act to the
4
Introduction Chapter 1
Interpretation Part 1.2
General Division 1
Section 12
Offshore Petroleum Bill 2005 No. , 2005 31
permit, lease, licence or authority is a reference to the permit,
1
lease, licence or authority as varied.
2
12 Vacated area
3
For the purposes of this Act, the table has effect:
4
5
Vacated area
Item
In the case of...
the vacated area is...
1
an exploration permit, retention
lease or production licence that has
expired
the area constituted by the blocks
over which the permit, lease or
licence was in force but has not
been renewed.
2
an exploration permit, retention
lease or production licence that has
been wholly revoked or partly
revoked
the area constituted by the blocks
as to which the permit, lease or
licence was so revoked.
3
an exploration permit or production
licence that has been wholly
cancelled or partly cancelled
the area constituted by the blocks
as to which the permit or licence
was so cancelled.
4
a retention lease that has been
cancelled
the lease area.
5
a production licence that has been
terminated
the licence area.
6
an infrastructure licence that has
been cancelled or terminated
the licence area.
7
a pipeline licence that has been
wholly or partly terminated
the part of the offshore area in
which the pipeline or the part of
the pipeline was constructed.
8
a pipeline licence that has been
wholly cancelled or partly cancelled
the part of the offshore area in
which the pipeline or the part of
the pipeline was constructed.
9
a special prospecting authority that:
(a) has been surrendered or
cancelled; or
(b) has expired
the authority area.
Chapter 1 Introduction
Part 1.2 Interpretation
Division 1 General
Section 13
32 Offshore Petroleum Bill 2005 No. , 2005
Vacated area
Item
In the case of...
the vacated area is...
10
an access authority that:
(a) has been revoked or
surrendered; or
(b) has expired
the authority area.
13 Infrastructure facilities
1
Definition
2
(1) For the purposes of this Act, an infrastructure facility is a facility,
3
structure or installation for engaging in any of the activities to
4
which subsection (2) applies, so long as:
5
(a) the facility, structure or installation rests on the seabed; or
6
(b) the facility, structure or installation is fixed or connected to
7
the seabed (whether or not the facility is floating); or
8
(c) the facility, structure or installation is attached or tethered to
9
a facility, structure or installation referred to in paragraph (a)
10
or (b).
11
Activities
12
(2) This subsection applies to the following activities:
13
(a) remote control of facilities, structures or installations used to
14
recover petroleum in a production licence area;
15
(b) processing petroleum recovered in any place, including:
16
(i) converting petroleum into another form by physical or
17
chemical means, or both (for example, converting it into
18
liquefied natural gas or methanol); and
19
(ii) partial processing of petroleum (for example, by
20
removing water);
21
(c) storing petroleum before it is transported to another place;
22
(d) preparing petroleum for transport to another place (for
23
example, pumping or compressing);
24
(e) activities related to any of the above;
25
Introduction Chapter 1
Interpretation Part 1.2
General Division 1
Section 14
Offshore Petroleum Bill 2005 No. , 2005 33
but, except as mentioned in paragraph (a), this subsection does not
1
apply to exploring for, or recovering, petroleum.
2
14 Terminal station
3
(1) The Designated Authority may, by notice published in the Gazette,
4
declare any of the following to be a terminal station for the
5
purposes of this Act:
6
(a) a specified pumping station in an offshore area;
7
(b) a specified tank station in an offshore area;
8
(c) a specified valve station in an offshore area.
9
(2) A declaration under subsection (1) has effect accordingly.
10
15 Extended meaning of explore
11
For the purposes of this Act, if:
12
(a) a person:
13
(i) carries out a seismic survey, or any other kind of survey,
14
in an offshore area; or
15
(ii) takes samples of the seabed or subsoil of an offshore
16
area; and
17
(b) the person does so with the intention that the person or
18
another could use the survey data, or information derived
19
from the samples, as the case may be, for the purpose of
20
discovering petroleum;
21
the person is taken to explore for petroleum.
22
16 Graticulation of Earth's surface and constitution of blocks
23
Graticular sections
24
(1) For the purposes of this Act, the surface of the Earth is taken to be
25
divided:
26
(a) by the meridian of Greenwich and by meridians that are at an
27
angular distance from that meridian of 5 minutes, or a
28
multiple of 5 minutes, of longitude; and
29
Chapter 1 Introduction
Part 1.2 Interpretation
Division 1 General
Section 16
34 Offshore Petroleum Bill 2005 No. , 2005
(b) by the equator and by parallels of latitude that are at an
1
angular distance from the equator of 5 minutes, or a multiple
2
of 5 minutes, of latitude;
3
into sections called graticular sections, each of which is bounded:
4
(c) by portions of 2 of those meridians that are at an angular
5
distance from each other of 5 minutes of longitude; and
6
(d) by portions of 2 of those parallels of latitude that are at an
7
angular distance from each other of 5 minutes of latitude.
8
Simplified map
9
(2) This subsection sets out a simplified map illustrating graticular
10
sections off the coast of Western Australia in the vicinity of
11
Barrow Island:
12
Introduction Chapter 1
Interpretation Part 1.2
General Division 1
Section 16
Offshore Petroleum Bill 2005 No. , 2005 35
1
Blocks
2
(3) For the purposes of this Act:
3
(a) a graticular section that is wholly within an offshore area
4
constitutes a block; and
5
(b) if a part only of a graticular section is, or parts only of a
6
graticular section are, within an offshore area, the area of that
7
part, or of those parts, constitutes a block.
8
Chapter 1 Introduction
Part 1.2 Interpretation
Division 1 General
Section 17
36 Offshore Petroleum Bill 2005 No. , 2005
Note:
See also section 245 (certain portions of blocks to be blocks).
1
Block that is constituted by a graticular section
2
(4) A reference in this Act to a block that is constituted by a
3
graticular section includes a reference to a block that is constituted
4
by the area of a part only, or by the areas of parts only, of a
5
graticular section.
6
Graticular section that constitutes a block
7
(5) A reference in this Act to a graticular section that constitutes a
8
block includes a reference to:
9
(a) a graticular section only part of which constitutes a block; or
10
(b) a graticular section only parts of which constitute a block.
11
Note:
For datum, see section 22.
12
17 External Territories
13
This Act extends to the following external Territories:
14
(a) Norfolk Island;
15
(b) the Territory of Christmas Island;
16
(c) the Territory of Cocos (Keeling) Islands;
17
(d) the Territory of Ashmore and Cartier Islands;
18
(e) the Territory of Heard Island and McDonald Islands.
19
18 Application of Act
20
This Act applies to:
21
(a) all individuals, whether or not Australian citizens, and
22
whether or not resident in the Commonwealth or a Territory;
23
and
24
(b) all corporations, whether or not incorporated or carrying on
25
business in the Commonwealth or a Territory.
26
Introduction Chapter 1
Interpretation Part 1.2
General Division 1
Section 19
Offshore Petroleum Bill 2005 No. , 2005 37
19 Certain pipelines provisions to apply subject to international
1
obligations
2
(1) This section applies to the provisions of this Act to the extent to
3
which they relate to a pipeline for the conveyance of petroleum
4
recovered from a place beyond the outer limits of any offshore
5
area.
6
(2) The provisions have effect subject to Australia's obligations under
7
international law, including obligations under any agreement
8
between Australia and any foreign country or countries.
9
Chapter 1 Introduction
Part 1.2 Interpretation
Division 2 Datum provisions
Section 20
38 Offshore Petroleum Bill 2005 No. , 2005
1
Division 2--Datum provisions
2
Subdivision A--Datum for ascertaining the position of points
3
etc.
4
20 Objects
5
The objects of this Subdivision are:
6
(a) to maintain the use of the Australian Geodetic Datum to
7
determine the position of blocks and certain other areas; and
8
(b) to enable the position of a point, line, block or other area to
9
be described, in a title or other instrument under this Act,
10
using another datum (but not so as to change the position of a
11
point, line, block or area).
12
21 Definitions
13
In this Subdivision:
14
Australian Geodetic Datum means the Australian Geodetic Datum
15
as defined in Gazette No. 84 of 6 October 1966 (AGD66 geodetic
16
data set).
17
instrument under this Act does not include the regulations.
18
this Act includes the regulations.
19
title means an exploration permit, retention lease, production
20
licence, infrastructure licence, pipeline licence, special prospecting
21
authority or access authority.
22
22 Australian Geodetic Datum
23
(1) For the purposes of this Act, the position on the surface of the
24
Earth of:
25
(a) a graticular section or block; or
26
(b) the parallel of latitude described in subsection 7(2); or
27
(c) an area described in Schedule 1; or
28
Introduction Chapter 1
Interpretation Part 1.2
Datum provisions Division 2
Section 23
Offshore Petroleum Bill 2005 No. , 2005 39
(d) the area described in Schedule 2;
1
is to be determined by reference to the Australian Geodetic Datum.
2
Note 1:
Subsection 7(2) describes the Coral Sea area.
3
Note 2:
Schedule 1 describes the scheduled areas for the States and
4
Territories. See also sections 30 and 31 (points and lines specified in
5
the New Zealand boundary treaty).
6
Note 3:
Schedule 2 describes the area that includes the area to be avoided.
7
Note 4:
Australian Geodetic Datum is defined in section 21.
8
(2) Subsection (1) does not apply for the purposes of describing, in a
9
title or other instrument under this Act, the position on the surface
10
of the Earth of a point, line or area.
11
23 Current datum, previous datum and changeover time
12
(1) The regulations may declare that, for the purposes of describing, in
13
a title or other instrument under this Act, the position on the
14
surface of the Earth of a point, line or area:
15
(a) a specified datum is the current datum; and
16
(b) that datum replaces the previous datum.
17
(2) The previous datum is:
18
(a) if a datum is the first datum declared to be the current datum
19
under subsection (1)--the Australian Geodetic Datum; or
20
(b) in any other case--the datum that was the current datum
21
immediately before the changeover time.
22
Note:
Under clause 4 of Schedule 6 to this Act, a declaration under
23
subsection 150N(1) of the repealed Petroleum (Submerged Lands) Act
24
1967 has effect as if it were a declaration under subsection (1) of this
25
section.
26
(3) The changeover time is the time when the declaration takes effect.
27
24 Use of current datum
28
For the purposes of this Act, after the changeover time, for a title
29
or instrument set out in the table, the position on the surface of the
30
Earth of a point, line or area set out in the table is to be described
31
by reference to the current datum, and the relevant title or
32
instrument may be annotated accordingly:
33
Chapter 1 Introduction
Part 1.2 Interpretation
Division 2 Datum provisions
Section 25
40 Offshore Petroleum Bill 2005 No. , 2005
1
Points, lines and areas
Item
Title or instrument
Point, line or area
1
an exploration permit
the permit area of an exploration
permit granted after the changeover
time
2
a retention lease
the lease area of a retention lease
granted after the changeover time
3
a production licence
the licence area of a production
licence granted after the changeover
time
4
an infrastructure licence
the licence area of an infrastructure
licence granted after the changeover
time
5
a special prospecting authority
the authority area of a special
prospecting authority granted after
the changeover time
6
an access authority
the authority area of an access
authority granted after the
changeover time
7
a pipeline licence
the route of a pipeline authorised by
a pipeline licence granted after the
changeover time
8
any other instrument under this Act
a point, line or area set out in any
other instrument under this Act
made after the changeover time
Note:
A grant of an exploration permit, a retention lease or a production
2
licence may be a grant by way of renewal--see section 10.
3
25 Use of previous datum
4
(1) For the purposes of this Act, after the changeover time, for a title
5
or instrument set out in the table, the position on the surface of the
6
Earth of a point, line or area set out in the table is to be described
7
by reference to the previous datum:
8
9
Introduction Chapter 1
Interpretation Part 1.2
Datum provisions Division 2
Section 26
Offshore Petroleum Bill 2005 No. , 2005 41
Points, lines and areas
Item
Title or instrument
Point, line or area
1
an exploration permit
the permit area of an exploration
permit that was in force immediately
before the changeover time
2
a retention lease
the lease area of a retention lease
that was in force immediately before
the changeover time
3
a production licence
the licence area of a production
licence that was in force
immediately before the changeover
time
4
an infrastructure licence
the licence area of an infrastructure
licence that was in force
immediately before the changeover
time
5
a special prospecting authority
the authority area of a special
prospecting authority that was in
force immediately before the
changeover time
6
an access authority
the authority area of an access
authority that was in force
immediately before the changeover
time
7
a pipeline licence
the route of a pipeline authorised by
a pipeline licence that was in force
immediately before the changeover
time
8
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
(2) Subsection (1) has effect subject to section 26 (which deals with
1
variation of titles and instruments).
2
26 Variation of titles and instruments
3
The table has effect:
4
Chapter 1 Introduction
Part 1.2 Interpretation
Division 2 Datum provisions
Section 27
42 Offshore Petroleum Bill 2005 No. , 2005
1
Variation of titles and instruments
Item
The regulations may authorise the
Designated Authority to issue an
instrument varying...
for the sole purpose of...
1
an exploration permit that was in
force immediately before the
changeover time
relabelling the permit area using
geographic coordinates based on the
current datum.
2
a retention lease that was in force
immediately before the changeover
time
relabelling the lease area using
geographic coordinates based on the
current datum.
3
a production licence that was in
force immediately before the
changeover time
relabelling the licence area using
geographic coordinates based on the
current datum.
4
an infrastructure licence that was in
force immediately before the
changeover time
relabelling the licence area using
geographic coordinates based on the
current datum.
5
a special prospecting authority or an
access authority that was in force
immediately before the changeover
time
relabelling the authority area using
geographic coordinates based on the
current datum.
6
a pipeline licence that was in force
immediately before the changeover
time
relabelling the route of the pipeline
using geographic coordinates based
on the current datum.
7
any other instrument under this Act
that:
(a) sets out a point, line or area; and
(b) was in force immediately before
the changeover time
relabelling the point, line or area
using geographic coordinates based
on the current datum.
8
a 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
2
section 418.
3
27 Variation of applications for titles
4
The regulations may authorise the Designated Authority to issue an
5
instrument varying an application for a title for the sole purpose of
6
Introduction Chapter 1
Interpretation Part 1.2
Datum provisions Division 2
Section 28
Offshore Petroleum Bill 2005 No. , 2005 43
relabelling a point, line or area by reference to geographic
1
coordinates based on the current datum.
2
28 No change to actual position of point, line or area
3
This Subdivision does not authorise any change to the position on
4
the surface of the Earth of a point, line or area.
5
29 Transitional regulations
6
The regulations may make provision for matters of a transitional
7
nature arising from the change from the previous datum to the
8
current datum.
9
30 International Seabed Agreements
10
This Subdivision has effect subject to section 31.
11
Note:
Section 31 deals with International Seabed Agreements.
12
Subdivision B--Certain points etc. specified in an International
13
Seabed Agreement to be ascertained by other means
14
31 Certain points etc. specified in an International Seabed
15
Agreement to be ascertained by other means
16
(1) This section applies if, for the purposes of this Act or the
17
regulations, or for the purposes of an instrument under this Act or
18
the regulations, it is necessary to determine the position on the
19
surface of the Earth of:
20
(a) a point or line specified in an International Seabed
21
Agreement; or
22
(b) a point on, or part of, such a line.
23
(2) That position must be determined in accordance with:
24
(a) that Agreement; or
25
(b) if that Agreement is varied--in accordance with that
26
Agreement as varied for the time being.
27
(3) In this section:
28
Chapter 1 Introduction
Part 1.2 Interpretation
Division 2 Datum provisions
Section 31
44 Offshore Petroleum Bill 2005 No. , 2005
International Seabed Agreement means:
1
(a) the Agreement between Australia and Indonesia establishing
2
certain seabed boundaries signed at Canberra on 18 May
3
1971; or
4
(b) the Agreement between Australia and Indonesia establishing
5
certain seabed boundaries in the area of the Timor and
6
Arafura Seas supplementary to the Agreement referred to in
7
paragraph (a) and signed at Jakarta on 9 October 1972; or
8
(c) the Agreement between Australia and Indonesia concerning
9
certain boundaries between Papua New Guinea and Indonesia
10
signed at Jakarta on 12 February 1973; or
11
(d) the Treaty between Australia and the Independent State of
12
Papua New Guinea concerning sovereignty and maritime
13
boundaries in the area between the 2 countries, including the
14
area known as the Torres Strait, and related matters that was
15
signed at Sydney on 18 December 1978; or
16
(e) the New Zealand boundary treaty.
17
Introduction Chapter 1
Interpretation Part 1.2
Apportionment of petroleum recovered from adjoining title areas Division 3
Section 32
Offshore Petroleum Bill 2005 No. , 2005 45
1
Division 3--Apportionment of petroleum recovered from
2
adjoining title areas
3
32 Title
4
In this Division:
5
title means:
6
(a) an exploration permit; or
7
(b) a retention lease; or
8
(c) a production licence.
9
33 Titleholder and title area
10
For the purposes of this Division, the table has effect:
11
12
Titleholder and title area
Item
In the case of...
the titleholder is...
and the title area is...
1
an exploration permit
the permittee
the permit area.
2
a retention lease
the lessee
the lease area.
3
a production licence
the licensee
the licence area.
34 Petroleum recovered through inclined well
13
For the purposes of this Act, if:
14
(a) a wellhead is situated in the title area of a title (the first title);
15
and
16
(b) the well from that wellhead is inclined so as to enter a
17
petroleum pool at a place within an adjoining title area of a
18
title (the second title) of the same titleholder; and
19
(c) the pool does not extend to the title area of the first title;
20
any petroleum recovered through that well is taken to have been
21
recovered in the adjoining title area under the second title.
22
Chapter 1 Introduction
Part 1.2 Interpretation
Division 3 Apportionment of petroleum recovered from adjoining title areas
Section 35
46 Offshore Petroleum Bill 2005 No. , 2005
35 Petroleum pool straddling 2 title areas etc.
1
(1) For the purposes of this Act, if:
2
(a) a petroleum pool is partly in the title area of a title and partly
3
in an adjoining title area of a title of the same titleholder
4
(whether in the same offshore area or not); and
5
(b) petroleum is recovered from that pool through a well or wells
6
in one or both of the title areas;
7
then:
8
(c) there is taken to have been recovered in each of the title
9
areas, under the title in relation to the title area, such
10
proportion of all petroleum so recovered as may reasonably
11
be treated as being derived from that area, having regard to
12
the nature and probable extent of the pool; and
13
(d) the respective proportions are to be determined by agreement
14
between:
15
(i) the titleholder; and
16
(ii) the Joint Authority;
17
or, in the absence of agreement, by the Federal Court or a
18
relevant Supreme Court on the application of the titleholder
19
or the Joint Authority.
20
Supreme Court
21
(2) A reference in this section to a relevant Supreme Court is a
22
reference to the Supreme Court of the State, or one of the States, in
23
the offshore area of which the petroleum pool is wholly or partly
24
situated.
25
Northern Territory
26
(3) This section applies to the Northern Territory as if that Territory
27
were a State.
28
36 Petroleum pool straddling Commonwealth title area and State
29
title area etc.
30
(1) For the purposes of this Act, if:
31
Introduction Chapter 1
Interpretation Part 1.2
Apportionment of petroleum recovered from adjoining title areas Division 3
Section 37
Offshore Petroleum Bill 2005 No. , 2005 47
(a) a petroleum pool is partly in the title area of a title and partly
1
in an area (the State title area) in which the titleholder has
2
authority under the law of a State to explore for, or recover,
3
petroleum; and
4
(b) petroleum is recovered from that pool through a well or wells
5
in the title area of the title, the State title area, or both;
6
then:
7
(c) there is taken to have been recovered in the title area of the
8
title such proportion of all petroleum so recovered as may
9
reasonably be treated as being derived from that area, having
10
regard to the nature and probable extent of the pool; and
11
(d) that proportion is to be determined by agreement between:
12
(i) the titleholder of the title; and
13
(ii) the Joint Authority; and
14
(iii) the responsible State Minister;
15
or, in the absence of agreement, by the Federal Court or a
16
relevant Supreme Court on the application of:
17
(iv) the titleholder of the title; or
18
(v) the Joint Authority; or
19
(vi) the responsible State Minister.
20
Supreme Court
21
(2) A reference in this section to a relevant Supreme Court is a
22
reference to the Supreme Court of the State, or one of the States, in
23
the offshore area of which the petroleum pool is wholly or partly
24
situated.
25
Northern Territory
26
(3) This section applies to the Northern Territory as if:
27
(a) that Territory were a State; and
28
(b) the responsible Northern Territory Minister were the
29
responsible State Minister of that State.
30
37 Unit development
31
For the purposes of this Act, if:
32
Chapter 1 Introduction
Part 1.2 Interpretation
Division 3 Apportionment of petroleum recovered from adjoining title areas
Section 37
48 Offshore Petroleum Bill 2005 No. , 2005
(a) a petroleum pool is:
1
(i) partly in a production licence area; and
2
(ii) partly in another area (whether in the offshore area or
3
not) in relation to which another person has authority
4
(whether under this Act or under the law of a State or
5
the Northern Territory) to explore for or recover
6
petroleum; and
7
(b) a unit development agreement in accordance with section 163
8
is in force between the licensee and that other person; and
9
(c) petroleum is recovered from that pool through a well or wells
10
in the licence area, the other area or both;
11
there is taken to have been recovered in that licence area such
12
proportion of all petroleum so recovered as is specified in, or
13
determined in accordance with, the agreement.
14
Introduction Chapter 1
Joint Authorities and Designated Authorities Part 1.3
Joint Authorities Division 1
Section 38
Offshore Petroleum Bill 2005 No. , 2005 49
1
Part 1.3--Joint Authorities and Designated
2
Authorities
3
Division 1--Joint Authorities
4
38 Joint Authorities
5
(1) For the purposes of this Act, there is a Joint Authority for each
6
offshore area.
7
State
8
(2) The Joint Authority for an offshore area of a State is constituted
9
by:
10
(a) the responsible State Minister; and
11
(b) the responsible Commonwealth Minister;
12
and is to be known as the Commonwealth-[name of State] Offshore
13
Petroleum Joint Authority.
14
Northern Territory
15
(3) The Joint Authority for the offshore area of the Northern Territory
16
is constituted by:
17
(a) the responsible Northern Territory Minister; and
18
(b) the responsible Commonwealth Minister;
19
and is to be known as the Commonwealth-Northern Territory
20
Offshore Petroleum Joint Authority.
21
External Territories
22
(4) The responsible Commonwealth Minister is the Joint Authority for
23
the offshore area of each of the following external Territories:
24
(a) Norfolk Island;
25
(b) the Territory of Christmas Island;
26
(c) the Territory of Cocos (Keeling) Islands;
27
(d) the Territory of Ashmore and Cartier Islands;
28
(e) the Territory of Heard Island and McDonald Islands;
29
Chapter 1 Introduction
Part 1.3 Joint Authorities and Designated Authorities
Division 1 Joint Authorities
Section 39
50 Offshore Petroleum Bill 2005 No. , 2005
and is to be known as the [name of Territory] Offshore Petroleum
1
Joint Authority.
2
Note:
For example, the Joint Authority for the offshore area of the Territory
3
of Ashmore and Cartier Islands is to be known as the Territory of
4
Ashmore and Cartier Islands Offshore Petroleum Joint Authority.
5
39 Functions and powers of Joint Authorities
6
A Joint Authority for a State or Territory has, in relation to the
7
offshore area for that State or Territory, the functions and powers
8
that this Act confers on a Joint Authority.
9
40 Procedure of Joint Authority
10
(1) A Joint Authority for a State or the Northern Territory may
11
conduct its business:
12
(a) at meetings of the Joint Authority; or
13
(b) by written or other communication between the members of
14
the Joint Authority.
15
(2) A written communication under paragraph (1)(b) is not a
16
legislative instrument for the purposes of the Legislative
17
Instruments Act 2003.
18
41 Decision-making
19
(1) This section applies to decisions to be made by a Joint Authority
20
for a State or the Northern Territory on matters that are within the
21
Joint Authority's functions or powers.
22
(2) If:
23
(a) the responsible Commonwealth Minister; and
24
(b) the responsible State Minister or the responsible Northern
25
Territory Minister, as the case may be;
26
disagree about a decision, the responsible Commonwealth Minister
27
may decide the matter, and the responsible Commonwealth
28
Minister's decision has effect as the Joint Authority's decision.
29
(3) If:
30
(a) the responsible Commonwealth Minister gives:
31
Introduction Chapter 1
Joint Authorities and Designated Authorities Part 1.3
Joint Authorities Division 1
Section 42
Offshore Petroleum Bill 2005 No. , 2005 51
(i) in the case of a State--the responsible State Minister; or
1
(ii) in the case of the Northern Territory--the responsible
2
Northern Territory Minister;
3
written notice of a decision that the responsible
4
Commonwealth Minister thinks should be made on a matter;
5
and
6
(b) 30 days pass after the notice is given, and:
7
(i) in the case of a State--the responsible State Minister
8
has not told the responsible Commonwealth Minister
9
what decision the responsible State Minister thinks
10
should be made; or
11
(ii) in the case of the Northern Territory--the responsible
12
Northern Territory Minister has not told the responsible
13
Commonwealth Minister what decision the responsible
14
Northern Territory Minister thinks should be made;
15
the responsible Commonwealth Minister may decide the matter,
16
and the responsible Commonwealth Minister's decision has effect
17
as the Joint Authority's decision.
18
42 Opinion or state of mind of Joint Authority
19
For the purposes of this Act, the opinion or state of mind of the
20
Joint Authority for a State or the Northern Territory is:
21
(a) if:
22
(i) the responsible Commonwealth Minister; and
23
(ii) the responsible State Minister or the responsible
24
Northern Territory Minister, as the case may be;
25
agree on the matter concerned--the opinion or state of mind
26
of the 2 Ministers; or
27
(b) if the 2 Ministers disagree--the opinion or state of mind of
28
the responsible Commonwealth Minister.
29
43 Records of decisions of Joint Authority
30
(1) The Designated Authority must cause to be kept written records of
31
the decisions of the Joint Authority for a State or the Northern
32
Territory.
33
Chapter 1 Introduction
Part 1.3 Joint Authorities and Designated Authorities
Division 1 Joint Authorities
Section 44
52 Offshore Petroleum Bill 2005 No. , 2005
(2) A record kept under subsection (1) is prima facie evidence that the
1
decision was duly made as recorded if the record is signed by a
2
person who was a member of the Joint Authority at the time when
3
the decision was made.
4
(3) A record kept under subsection (1) is not a legislative instrument
5
for the purposes of the Legislative Instruments Act 2003.
6
44 Signing of documents
7
(1) If a document is signed by the Designated Authority on behalf of
8
the Joint Authority for a State or the Northern Territory, the
9
document is taken to have been duly executed by the Joint
10
Authority.
11
(2) The document is taken to be in accordance with a decision of the
12
Joint Authority unless the contrary is proved.
13
45 Communications with Joint Authority
14
All communications to or by the Joint Authority for a State or the
15
Northern Territory are to be made through the Designated
16
Authority.
17
46 Judicial notice of signature of member of a Joint Authority
18
Joint Authority for a State or the Northern Territory
19
(1) All courts must take judicial notice of:
20
(a) the signature of a person who is, or has been:
21
(i) a member of the Joint Authority for a State or the
22
Northern Territory; or
23
(ii) a delegate of the Joint Authority for a State or the
24
Northern Territory; and
25
(b) the fact that the person is, or was at a particular time:
26
(i) a member of the Joint Authority for that State or the
27
Northern Territory, as the case may be; or
28
(ii) a delegate of the Joint Authority for that State or the
29
Northern Territory, as the case may be.
30
Introduction Chapter 1
Joint Authorities and Designated Authorities Part 1.3
Joint Authorities Division 1
Section 47
Offshore Petroleum Bill 2005 No. , 2005 53
Joint Authority for an external Territory
1
(2) All courts must take judicial notice of:
2
(a) the signature of a person who is, or has been:
3
(i) the Joint Authority for the offshore area of an external
4
Territory; or
5
(ii) a delegate of the Joint Authority for the offshore area of
6
an external Territory; and
7
(b) the fact that the person is, or was at a particular time:
8
(i) the Joint Authority for that offshore area; or
9
(ii) a delegate of the Joint Authority for that offshore area.
10
Definition
11
(3) In this section:
12
court includes a person authorised to receive evidence:
13
(a) by a law of the Commonwealth, a State or a Territory; or
14
(b) by consent of parties.
15
47 Issue of documents, and service of notices, on behalf of Joint
16
Authority
17
(1) If this Act requires or allows a Joint Authority for a State or the
18
Northern Territory to:
19
(a) execute or issue an instrument; or
20
(b) give a notice; or
21
(c) communicate a matter;
22
the Designated Authority is to do so on behalf of the Joint
23
Authority in accordance with a decision of the Joint Authority.
24
(2) For the purposes of any proceedings:
25
(a) an instrument that purports to be executed or issued by the
26
Designated Authority on behalf of the Joint Authority is
27
taken to have been executed or issued in accordance with a
28
decision of the Joint Authority; and
29
(b) a notice that purports to be given by the Designated
30
Authority on behalf of the Joint Authority is taken to have
31
Chapter 1 Introduction
Part 1.3 Joint Authorities and Designated Authorities
Division 1 Joint Authorities
Section 48
54 Offshore Petroleum Bill 2005 No. , 2005
been given in accordance with a decision of the Joint
1
Authority; and
2
(c) a communication that purports to be made by the Designated
3
Authority on behalf of the Joint Authority is taken to have
4
been made in accordance with a decision of the Joint
5
Authority;
6
unless the contrary is proved.
7
48 Delegation by a Joint Authority for a State or the Northern
8
Territory
9
(1) A Joint Authority for a State or the Northern Territory may, by
10
written instrument, delegate any or all of the functions or powers of
11
the Joint Authority under this Act to 2 persons together.
12
(2) A delegation under this section:
13
(a) must specify one person as representing the responsible
14
Commonwealth Minister; and
15
(b) must specify the other person as representing the responsible
16
State Minister or responsible Northern Territory Minister of
17
the Joint Authority; and
18
(c) must be signed by both members of the Joint Authority.
19
Note:
See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
20
(3) If the Joint Authority delegates a function or power under this
21
section, the delegation continues in force despite:
22
(a) a vacancy in the office of responsible Commonwealth
23
Minister; or
24
(b) a change in the identity of the holder of the office of
25
responsible Commonwealth Minister; or
26
(c) a vacancy in the office of responsible State Minister or
27
responsible Northern Territory Minister, as the case may be;
28
or
29
(d) a change in the identity of the holder of the office of
30
responsible State Minister or responsible Northern Territory
31
Minister, as the case may be.
32
Introduction Chapter 1
Joint Authorities and Designated Authorities Part 1.3
Joint Authorities Division 1
Section 49
Offshore Petroleum Bill 2005 No. , 2005 55
(4) Despite subsection (3), a delegation under this section may be
1
revoked by the Joint Authority in accordance with subsection 33(3)
2
of the Acts Interpretation Act 1901.
3
(5) If a delegation is made under this section, sections 41 and 42 do
4
not apply to the delegates.
5
(6) If the delegates are unable to agree on a matter requiring decision,
6
they must refer the matter to the Joint Authority.
7
(7) In the application to the delegates of a provision of this Act
8
containing a reference to the opinion or state of mind of the Joint
9
Authority, the reference is to be read as a reference to the opinion
10
or state of mind of the 2 delegates of the Joint Authority unless
11
they disagree.
12
(8) A Joint Authority may delegate a function or power to an APS
13
employee only if the APS employee is an SES employee or acting
14
SES employee.
15
Note:
The expressions APS employee, SES employee and acting SES
16
employee are defined in section 17AA of the Acts Interpretation Act
17
1901.
18
(9) A referral under subsection (6) is not a legislative instrument for
19
the purposes of the Legislative Instruments Act 2003.
20
49 Delegation by Joint Authority for an external Territory
21
(1) The Joint Authority for the offshore area of any of the following
22
external Territories:
23
(a) Norfolk Island;
24
(b) the Territory of Christmas Island;
25
(c) the Territory of Cocos (Keeling) Islands;
26
(d) the Territory of Ashmore and Cartier Islands;
27
(e) the Territory of Heard Island and McDonald Islands;
28
may, by written instrument, delegate to a person any or all of the
29
functions or powers of the Joint Authority under this Act or the
30
regulations.
31
Note:
See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
32
Chapter 1 Introduction
Part 1.3 Joint Authorities and Designated Authorities
Division 1 Joint Authorities
Section 49
56 Offshore Petroleum Bill 2005 No. , 2005
(2) If the Joint Authority delegates a function or power under this
1
section, the delegation continues in force despite:
2
(a) a vacancy in the office of Joint Authority; or
3
(b) a change in the identity of the holder of the office of Joint
4
Authority.
5
(3) Despite subsection (2), a delegation under this section may be
6
revoked by the Joint Authority in accordance with subsection 33(3)
7
of the Acts Interpretation Act 1901.
8
(4) A copy of each instrument making, varying or revoking a
9
delegation under this section must be published in the Gazette.
10
(5) A Joint Authority may delegate a function or power to an APS
11
employee only if the APS employee is an SES employee or acting
12
SES employee.
13
Note:
The expressions APS employee, SES employee and acting SES
14
employee are defined in section 17AA of the Acts Interpretation Act
15
1901.
16
Introduction Chapter 1
Joint Authorities and Designated Authorities Part 1.3
Designated Authorities Division 2
Section 50
Offshore Petroleum Bill 2005 No. , 2005 57
1
Division 2--Designated Authorities
2
50 Designated Authorities
3
(1) For the purposes of this Act, there is a Designated Authority for
4
each offshore area.
5
State
6
(2) The Designated Authority for the offshore area of a State is the
7
responsible State Minister.
8
Northern Territory
9
(3) The Designated Authority for the offshore area of the Northern
10
Territory is the responsible Northern Territory Minister.
11
External Territories
12
(4) The responsible Commonwealth Minister is the Designated
13
Authority for the offshore area of each of the following external
14
Territories:
15
(a) Norfolk Island;
16
(b) the Territory of Christmas Island;
17
(c) the Territory of Cocos (Keeling) Islands;
18
(d) the Territory of Ashmore and Cartier Islands;
19
(e) the Territory of Heard Island and McDonald Islands.
20
51 Functions and powers of Designated Authorities
21
State
22
(1) A Designated Authority for a State has, in relation to the offshore
23
area for that State, the functions and powers that this Act confers
24
on a Designated Authority.
25
Chapter 1 Introduction
Part 1.3 Joint Authorities and Designated Authorities
Division 2 Designated Authorities
Section 52
58 Offshore Petroleum Bill 2005 No. , 2005
Northern Territory
1
(2) The Designated Authority for the Northern Territory has, in
2
relation to the offshore area for the Northern Territory, the
3
functions and powers that this Act confers on a Designated
4
Authority.
5
External Territories
6
(3) The Designated Authority for any of the following external
7
Territories has, in relation to the offshore area for that Territory,
8
the functions and powers that this Act confers on a Designated
9
Authority:
10
(a) Norfolk Island;
11
(b) the Territory of Christmas Island;
12
(c) the Territory of Cocos (Keeling) Islands;
13
(d) the Territory of Ashmore and Cartier Islands;
14
(e) the Territory of Heard Island and McDonald Islands.
15
52 Delegation by Designated Authority
16
(1) A Designated Authority may, by written instrument, delegate to a
17
person any or all of the functions or powers of the Designated
18
Authority under this Act or the regulations.
19
Note:
See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
20
(2) If a Designated Authority delegates a function or power under this
21
section, the delegation continues in force despite:
22
(a) a vacancy in the office of Designated Authority; or
23
(b) a change in the identity of the holder of the office of
24
Designated Authority.
25
(3) Despite subsection (2), a delegation under this section may be
26
revoked by a Designated Authority in accordance with subsection
27
33(3) of the Acts Interpretation Act 1901.
28
(4) A copy of each instrument making, varying or revoking a
29
delegation under this section must be published in the Gazette.
30
Introduction Chapter 1
Joint Authorities and Designated Authorities Part 1.3
Designated Authorities Division 2
Section 53
Offshore Petroleum Bill 2005 No. , 2005 59
(5) A Designated Authority may delegate a function or power to an
1
APS employee only if the APS employee is an SES employee or
2
acting SES employee.
3
Note:
The expressions APS employee, SES employee and acting SES
4
employee are defined in section 17AA of the Acts Interpretation Act
5
1901.
6
53 Judicial notice of signature of Designated Authority
7
(1) All courts must take judicial notice of:
8
(a) the signature of a person who is, or has been:
9
(i) the Designated Authority for an offshore area; or
10
(ii) a delegate of the Designated Authority for an offshore
11
area; and
12
(b) the fact that the person is, or was at a particular time:
13
(i) the Designated Authority for that offshore area; or
14
(ii) a delegate of the Designated Authority for that offshore
15
area.
16
(2) In this section:
17
court includes a person authorised to receive evidence:
18
(a) by a law of the Commonwealth, a State or a Territory; or
19
(b) by consent of parties.
20
Chapter 1 Introduction
Part 1.3 Joint Authorities and Designated Authorities
Division 3 Finance
Section 54
60 Offshore Petroleum Bill 2005 No. , 2005
1
Division 3--Finance
2
54 Payments by the Commonwealth to Western Australia--Royalty
3
Act payments
4
Payments to Western Australia
5
(1) If, during a particular month, the Commonwealth receives:
6
(a) an amount of royalty payable under the Royalty Act by the
7
registered holder of:
8
(i) an exploration permit; or
9
(ii) a retention lease; or
10
(iii) a production licence;
11
in relation to petroleum recovered under the permit, lease or
12
licence in the offshore area of Western Australia; or
13
(b) an amount payable under Part 4.6 because of late payment of
14
any such royalty;
15
then, before the end of the next month, the Commonwealth must
16
pay to Western Australia an amount worked out using the formula:
17
Royalty rate - 4
Amount received by
the Commonwealth
Royalty rate
18
where:
19
royalty rate means the percentage rate at which royalty is payable
20
by the holder under the Royalty Act in relation to that petroleum
21
(disregarding any determination under section 9 of the Royalty Act
22
in relation to a well).
23
Reduction of payments to Western Australia--refunds of royalty
24
(2) If:
25
(a) the Commonwealth is liable to pay an amount under
26
subsection (1) because the Commonwealth received, during a
27
particular month, an amount mentioned in that subsection;
28
and
29
Introduction Chapter 1
Joint Authorities and Designated Authorities Part 1.3
Finance Division 3
Section 55
Offshore Petroleum Bill 2005 No. , 2005 61
(b) during that month, the Commonwealth paid a refund under
1
paragraph 16(3)(b) of the Royalty Act to the registered
2
holder of:
3
(i) an exploration permit; or
4
(ii) a retention lease; or
5
(iii) a production licence;
6
in respect of an amount of royalty payable under the Royalty
7
Act;
8
the total of the amounts payable by the Commonwealth as
9
mentioned in paragraph (a) is to be reduced by an amount worked
10
out using the formula:
11
Amount paid under subsection (1)
Adjusted amount
in respect of the amount of royalty
12
where:
13
adjusted amount means the amount that would have been paid
14
under subsection (1) in respect of the amount of royalty if it were
15
assumed that the provisional royalty (within the meaning of
16
section 16 of the Royalty Act) had been equal to the determined
17
royalty (within the meaning of that section).
18
55 Payments by the Commonwealth to the States and the Northern
19
Territory
20
Scope
21
(1) This section applies if, during a particular month, the
22
Commonwealth receives an amount (the received amount):
23
(a) that is payable under:
24
(i) this Act (other than an amount paid for the grant of a
25
cash-bid exploration permit, a special exploration
26
permit or a section 153 production licence); or
27
(ii) the Annual Fees Act; or
28
(iii) the Registration Fees Act;
29
in connection with a title or other document that relates to:
30
(iv) a block; or
31
(v) an infrastructure facility; or
32
Chapter 1 Introduction
Part 1.3 Joint Authorities and Designated Authorities
Division 3 Finance
Section 55
62 Offshore Petroleum Bill 2005 No. , 2005
(vi) a pipeline;
1
in the offshore area of a State or the Northern Territory; or
2
(b) that is an amount (other than a royalty) payable to the
3
Designated Authority, on behalf of the Commonwealth,
4
under, or under regulations made for the purposes of:
5
(i) Chapter 2; or
6
(ii) Chapter 3; or
7
(iii) Chapter 5; or
8
(iv) Schedule 5;
9
in relation to the offshore area of a State or the Northern
10
Territory; or
11
(c) that is payable to the Commonwealth under subsection
12
308(3) or 314(4) or (5) in relation to costs or expenses
13
incurred by the Designated Authority of a State or the
14
Northern Territory.
15
Payments
16
(2) Before the end of the next month, the Commonwealth must pay to
17
the State or to the Northern Territory, as the case may be, an
18
amount equal to:
19
(a) if the received amount includes a component that is
20
attributable to goods and services tax--so much of the
21
received amount as does not consist of that component; or
22
(b) in any other case--the received amount.
23
Safety Authority
24
(3) This section does not apply to an amount payable to the Safety
25
Authority on behalf of the Commonwealth.
26
Definition
27
(4) In this section:
28
title means an exploration permit, retention lease, production
29
licence, infrastructure licence, pipeline licence, special prospecting
30
authority or access authority.
31
Introduction Chapter 1
Joint Authorities and Designated Authorities Part 1.3
Finance Division 3
Section 56
Offshore Petroleum Bill 2005 No. , 2005 63
56 Appropriation
1
The Consolidated Revenue Fund is appropriated for the purposes
2
of this Division.
3
Chapter 1 Introduction
Part 1.4 Application of State and Territory laws in offshore areas
Section 57
64 Offshore Petroleum Bill 2005 No. , 2005
1
Part 1.4--Application of State and Territory laws in
2
offshore areas
3
4
57 Simplified outline
5
The following is a simplified outline of this Part:
6
·
The general body of laws in force in a State or Territory
7
applies, as laws of the Commonwealth, to petroleum
8
exploration, exploitation and conveyance activities in the
9
offshore area of that State or Territory.
10
·
However, prescribed State or Northern Territory occupational
11
health and safety laws do not apply, as laws of the
12
Commonwealth, in relation to a facility located in the offshore
13
area of that State or the Northern Territory.
14
58 Meaning of laws
15
For the purposes of this Part, laws include:
16
(a) written laws; and
17
(b) unwritten laws (for example, the common law); and
18
(c) instruments having effect under laws.
19
59 Application of State and Territory laws in offshore areas
20
(1) The laws in force in a State or Territory (other than laws of the
21
Commonwealth) apply, as provided by this section, as laws of the
22
Commonwealth in the offshore area of that State or Territory as if
23
that area were:
24
(a) part of that State or Territory; and
25
(b) part of the Commonwealth.
26
Note:
See also sections 60 to 68.
27
Introduction Chapter 1
Application of State and Territory laws in offshore areas Part 1.4
Section 59
Offshore Petroleum Bill 2005 No. , 2005 65
(2) For the purposes of this Act, the provisions of laws applied under
1
subsection (1) are to be known as the applied provisions.
2
(3) Subsection (1) has effect subject to:
3
(a) this Act; and
4
(b) the regulations.
5
(4) The laws referred to in subsection (1) apply in relation to acts,
6
omissions, matters, circumstances and things touching, concerning,
7
arising out of or connected with:
8
(a) exploring the seabed or subsoil of the offshore area for
9
petroleum, and exploiting the petroleum which occurs as a
10
natural resource of that seabed or subsoil; or
11
(b) the conveyance of petroleum (wherever recovered) across the
12
offshore area.
13
(5) The laws referred to in subsection (1) apply:
14
(a) to and in relation to:
15
(i) an act or omission that takes place in, on, above, below
16
or in the vicinity of; and
17
(ii) a matter, circumstance or thing that exists or arises in
18
relation to or in connection with;
19
a vessel, aircraft, structure or installation, or equipment or
20
other property, that is in the offshore area for any reason
21
touching, concerning, arising out of or connected with:
22
(iii) exploring the seabed or subsoil of the offshore area for
23
petroleum, or exploiting the petroleum which occurs as
24
a natural resource of that seabed or subsoil; or
25
(iv) the conveyance of petroleum (wherever recovered)
26
across the offshore area; and
27
(b) to and in relation to a person who:
28
(i) is in the offshore area for a reason of the kind referred to
29
in paragraph (a); or
30
(ii) is in, on, above, below or in the vicinity of a vessel,
31
aircraft, structure or installation, or equipment or other
32
property, that is in the offshore area for a reason of the
33
kind referred to in paragraph (a); and
34
(c) to and in relation to a person in relation to:
35
Chapter 1 Introduction
Part 1.4 Application of State and Territory laws in offshore areas
Section 60
66 Offshore Petroleum Bill 2005 No. , 2005
(i) the carrying on by the person of any operation; or
1
(ii) the doing by the person of any work;
2
in the offshore area for a reason of the kind referred to in
3
paragraph (a).
4
(6) Subsection (5) does not limit subsection (4).
5
(7) For the purposes of this section, a law is taken to be a law in force
6
in a State or Territory even though that law applies to part only of
7
that State or Territory.
8
60 Disapplication and modification of laws
9
(1) The regulations may provide that a law:
10
(a) does not apply by reason of section 59 in an offshore area; or
11
(b) applies by reason of section 59 in an offshore area with such
12
modifications as are specified in the regulations.
13
(2) For the purposes of subsection (1), modifications includes
14
additions, omissions and substitutions.
15
(3) Regulations made for the purposes of subsection (1) may make
16
provision for, and in relation to:
17
(a) investing a court of a State with federal jurisdiction; or
18
(b) conferring jurisdiction on a court of a Territory.
19
61 Limit on application of laws
20
Section 59 does not give to the provisions of a law of a State or the
21
Northern Territory an operation, as a law of the Commonwealth,
22
that they would not have, as a law of the State or the Northern
23
Territory, if it were assumed that the offshore area were within the
24
part of the scheduled area for the State or the Northern Territory
25
that is on the landward side of the offshore area.
26
62 Inconsistent law not applied
27
Section 59 does not apply a law in so far as the law would be
28
inconsistent with a law of the Commonwealth (including this Act).
29
Introduction Chapter 1
Application of State and Territory laws in offshore areas Part 1.4
Section 63
Offshore Petroleum Bill 2005 No. , 2005 67
63 Criminal laws not applied
1
(1) Section 59 does not apply laws that are substantive criminal laws,
2
or laws of criminal investigation, procedure and evidence, within
3
the meaning of Schedule 1 to the Crimes at Sea Act 2000.
4
(2) This Act does not detract from the operation of the Crimes at Sea
5
Act 2000.
6
64 Tax laws not applied
7
Section 59 does not operate so as to impose a tax.
8
65 Appropriation law not applied
9
Section 59 does not operate so as to appropriate any public money
10
of a Territory.
11
66 Applied laws not to confer Commonwealth judicial power
12
Section 59 does not operate so as to confer the judicial power of
13
the Commonwealth on a court, tribunal, authority or officer of a
14
State or Territory.
15
67 Applied laws not to contravene constitutional restrictions on
16
conferral of powers on courts
17
Section 59 does not operate so as to confer on a court of a State or
18
Territory a power that cannot, under the Constitution, be conferred
19
by the Parliament on such a court.
20
68 State or Northern Territory occupational health and safety laws
21
do not apply in relation to facilities
22
State or Northern Territory OHS laws are not applied by
23
section 59
24
(1) Section 59 of this Act, and section 6 of the Ashmore and Cartier
25
Islands Acceptance Act 1933, do not apply a law in relation to:
26
Chapter 1 Introduction
Part 1.4 Application of State and Territory laws in offshore areas
Section 68
68 Offshore Petroleum Bill 2005 No. , 2005
(a) a facility located in the offshore area of a State, the Northern
1
Territory or the Territory of Ashmore and Cartier Islands; or
2
(b) a person at such a facility; or
3
(c) a person near such a facility, to the extent to which the
4
person is affected by:
5
(i) such a facility; or
6
(ii) activities that take place at such a facility; or
7
(d) activities that take place at such a facility;
8
if the law is:
9
(e) a law of that State or the Northern Territory; and
10
(f) prescribed in the regulations.
11
(2) A law prescribed under subsection (1) must be:
12
(a) a law relating to occupational health and safety; or
13
(b) a law relating to occupational health and safety and to other
14
matters.
15
State or Northern Territory OHS laws do not apply of their own
16
force
17
(3) A law that is:
18
(a) a law of a State or the Northern Territory; and
19
(b) prescribed under subsection (1);
20
does not apply, by force of the law of that State or the Northern
21
Territory, in relation to:
22
(c) a facility located in the offshore area of that State or the
23
Northern Territory; or
24
(d) a person at such a facility; or
25
(e) a person near such a facility, to the extent to which the
26
person is affected by:
27
(i) such a facility; or
28
(ii) activities that take place at such a facility; or
29
(f) activities that take place at such a facility.
30
Introduction Chapter 1
Application of State and Territory laws in offshore areas Part 1.4
Section 68
Offshore Petroleum Bill 2005 No. , 2005 69
Substantive criminal provisions of State or Northern Territory
1
OHS laws are not applied by Crimes at Sea Act 2000
2
(4) Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea
3
Act 2000, a law of a State or the Northern Territory that is:
4
(a) referred to in those subclauses; and
5
(b) prescribed in the regulations;
6
does not apply in relation to:
7
(c) a facility located in the offshore area of that State, the
8
Northern Territory or the Territory of Ashmore and Cartier
9
Islands; or
10
(d) a person at such a facility; or
11
(e) a person near such a facility, to the extent to which the
12
person is affected by:
13
(i) such a facility; or
14
(ii) activities that take place at such a facility; or
15
(f) activities that take place at such a facility;
16
whether or not that application is:
17
(g) by force of the law of that State or the Northern Territory; or
18
(h) by force of section 6 of the Ashmore and Cartier Islands
19
Acceptance Act 1933; or
20
(i) by force of subclause 2(2) of that Schedule.
21
(5) A law prescribed under subsection (4) must be:
22
(a) a law relating to occupational health and safety; or
23
(b) a law relating to occupational health and safety and to other
24
matters.
25
Substantive criminal provisions of State or Northern Territory
26
listed OHS laws are not applied by Crimes at Sea Act 2000
27
(6) Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea
28
Act 2000, provisions of a State or Territory PSLA, or of regulations
29
under a State or Territory PSLA, that substantially correspond to
30
the listed OHS laws do not apply in relation to:
31
(a) a facility located in the offshore area of that State, the
32
Northern Territory or the Territory of Ashmore and Cartier
33
Islands; or
34
Chapter 1 Introduction
Part 1.4 Application of State and Territory laws in offshore areas
Section 69
70 Offshore Petroleum Bill 2005 No. , 2005
(b) a person at such a facility; or
1
(c) a person near such a facility, to the extent to which the
2
person is affected by:
3
(i) such a facility; or
4
(ii) activities that take place at such a facility; or
5
(d) activities that take place at such a facility;
6
whether or not that application is:
7
(e) by force of the law of that State or the Northern Territory; or
8
(f) by force of section 6 of the Ashmore and Cartier Islands
9
Acceptance Act 1933; or
10
(g) by force of subclause 2(2) of that Schedule.
11
Definitions
12
(7) In this section:
13
facility has the same meaning as in Schedule 3.
14
law includes a part of a law.
15
State PSLA has the same meaning as in Part 4.8.
16
Territory PSLA has the same meaning as in Part 4.8.
17
Note:
See also section 350, which deals with the application of
18
Commonwealth maritime legislation in the offshore area of a State or
19
Territory.
20
69 Gas pipelines access legislation
21
(1) This section applies to an offshore area of a State or the Northern
22
Territory if the gas pipelines access legislation of the State or the
23
Northern Territory, as the case may be, is not in force (with or
24
without modifications) in the part of the scheduled area for the
25
State or the Northern Territory, as the case may be, that is on the
26
landward side of that offshore area.
27
(2) Despite any law that is in force as a law of the Commonwealth in
28
the offshore area of the State or Territory because of section 59, the
29
Gas Pipelines Access (Commonwealth) Act 1998 applies as a law
30
of the Commonwealth in that offshore area.
31
Introduction Chapter 1
Application of State and Territory laws in offshore areas Part 1.4
Section 70
Offshore Petroleum Bill 2005 No. , 2005 71
(3) This section has effect subject to section 192.
1
Note:
Section 192 is about common carriers.
2
(4) In this section:
3
Gas Pipelines Access Law has the same meaning as in subsection
4
5(1) of the Gas Pipelines Access (Commonwealth) Act 1998.
5
gas pipelines access legislation has the same meaning as in the
6
Gas Pipelines Access Law.
7
70 No limits on ordinary operation of law
8
This Part does not limit the operation that a law has apart from this
9
Part.
10
71 Jurisdiction of State courts
11
(1) The courts of a State are invested with federal jurisdiction in all
12
matters arising under the laws applied under section 59 in the
13
offshore area of the State.
14
(2) Jurisdiction is invested under subsection (1) within the limits (other
15
than the limits of locality) of the jurisdiction of the court (whether
16
those limits are limits as to subject matter or otherwise).
17
72 Jurisdiction of Territory courts
18
(1) Jurisdiction is conferred on the courts that have jurisdiction in a
19
Territory in all matters arising out of the laws applied under
20
section 59 in the offshore area of the Territory.
21
(2) Jurisdiction is conferred under subsection (1) within the limits
22
(other than the limits of locality) of the jurisdiction of the court
23
(whether those limits are limits as to subject matter or otherwise).
24
73 Validation of certain acts
25
If:
26
Chapter 1 Introduction
Part 1.4 Application of State and Territory laws in offshore areas
Section 74
72 Offshore Petroleum Bill 2005 No. , 2005
(a) a person or a court does an act in the purported exercise of a
1
power, or the purported performance of a function, under a
2
law of a State or Territory; and
3
(b) the act could have been done by the person or court in the
4
exercise of a power, or the performance of a function, under
5
the applied provisions;
6
the act is taken to have been done in the exercise of the power, or
7
performance of the function, under the applied provisions.
8
Note:
Applied provisions is defined by section 6.
9
74 Certain provisions not affected by this Part
10
The following provisions have effect despite anything in this Part:
11
(a) Division 2 of Part 1.2;
12
(b) Chapters 2 to 6;
13
(c) Schedule 5.
14
Regulation of activities relating to petroleum Chapter 2
Introduction Part 2.1
Section 75
Offshore Petroleum Bill 2005 No. , 2005 73
1
Chapter 2--Regulation of activities relating
2
to petroleum
3
Part 2.1--Introduction
4
5
75 Simplified outline
6
The following is a simplified outline of this Chapter:
7
·
This Chapter provides for the grant of the following titles:
8
(a)
an exploration permit (see Part 2.2);
9
(b)
a retention lease (see Part 2.3);
10
(c)
a production licence (see Part 2.4);
11
(d)
an infrastructure licence (see Part 2.5);
12
(e)
a pipeline licence (see Part 2.6);
13
(f)
a special prospecting authority (see Part 2.7);
14
(g)
an access authority (see Part 2.8).
15
·
An exploration permit authorises the permittee to explore for
16
petroleum in the permit area.
17
·
If a petroleum pool is identified in an exploration permit area,
18
the Designated Authority may declare a location over the
19
blocks to which the petroleum pool extends.
20
·
After the declaration of a location, the permittee may apply
21
for a retention lease or a production licence.
22
·
A retention lease is granted if the recovery of petroleum is not
23
currently commercially viable, but is likely to become
24
Chapter 2 Regulation of activities relating to petroleum
Part 2.1 Introduction
Section 75
74 Offshore Petroleum Bill 2005 No. , 2005
commercially viable within 15 years. The lessee may apply
1
for a production licence.
2
·
A production licence authorises the licensee to carry out
3
petroleum recovery operations in the licence area.
4
·
An infrastructure licence authorises the licensee to construct
5
and operate an infrastructure facility in the licence area.
6
·
A pipeline licence authorises the licensee to construct and
7
operate a pipeline.
8
·
A special prospecting authority authorises the holder to carry
9
on petroleum exploration operations in the authority area (but
10
not to make a well).
11
·
An access authority authorises the holder to carry on certain
12
petroleum exploration operations, and certain operations
13
relating to the recovery of petroleum, in the authority area (but
14
not to make a well).
15
·
Part 2.9 provides for the grant of scientific investigation
16
consents. A scientific investigation consent authorises the
17
holder to carry on petroleum exploration operations in the
18
course of a scientific investigation.
19
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
General provisions Division 1
Section 76
Offshore Petroleum Bill 2005 No. , 2005 75
1
Part 2.2--Exploration permits
2
Division 1--General provisions
3
76 Simplified outline
4
The following is a simplified outline of this Part:
5
·
It is an offence to explore for petroleum in an offshore area
6
except:
7
(a)
under an exploration permit; or
8
(b)
as otherwise authorised or required by or under this
9
Act.
10
·
This Part provides for the grant of exploration permits over
11
blocks in an offshore area.
12
·
An exploration permit authorises the permittee to explore for
13
petroleum in the permit area.
14
·
There are 3 types of exploration permits:
15
(a)
an exploration permit granted on the basis of work
16
program bidding (a work-bid exploration permit);
17
(b)
an exploration permit granted on the basis of cash
18
bidding (a cash-bid exploration permit);
19
(c)
an exploration permit granted over a surrendered
20
block or certain other blocks (a special exploration
21
permit).
22
·
If a petroleum pool is identified in an exploration permit area,
23
the Designated Authority may declare a location over the
24
blocks to which the petroleum pool extends.
25
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 1 General provisions
Section 77
76 Offshore Petroleum Bill 2005 No. , 2005
77 Prohibition of unauthorised exploration for petroleum in offshore
1
area
2
(1) A person commits an offence if:
3
(a) the person explores for petroleum; and
4
(b) the exploration occurs in an offshore area.
5
Penalty: Imprisonment for 5 years.
6
(2) Subsection (1) does not apply to conduct that is:
7
(a) authorised by an exploration permit; or
8
(b) otherwise authorised or required by or under this Act.
9
Note:
The defendant bears an evidential burden in relation to the matter in
10
subsection (2)--see subsection 13.3(3) of the Criminal Code.
11
78 Rights conferred by exploration permit
12
(1) An exploration permit authorises the permittee, in accordance with
13
the conditions (if any) to which the permit is subject:
14
(a) to explore for petroleum in the permit area; and
15
(b) to recover petroleum on an appraisal basis in the permit area;
16
and
17
(c) to carry on such operations, and execute such works, in the
18
permit area as are necessary for those purposes.
19
(2) The rights conferred on the permittee by subsection (1) are subject
20
to this Act and the regulations.
21
79 Conditions of exploration permits
22
(1) The Joint Authority may grant an exploration permit subject to
23
whatever conditions the Joint Authority thinks appropriate.
24
Note:
A grant of a permit may be a grant by way of renewal--see
25
section 10.
26
(2) The conditions (if any) must be specified in the permit.
27
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
General provisions Division 1
Section 79
Offshore Petroleum Bill 2005 No. , 2005 77
Permit to which Royalty Act applies
1
(3) An exploration permit to which the Royalty Act applies is subject
2
to a condition that the permittee will comply with the provisions of
3
the Royalty Act.
4
Note:
The Royalty Act applies to a small number of North West Shelf titles.
5
(4) Despite subsection (2), the condition mentioned in subsection (3)
6
does not need to be specified in the permit.
7
Work-bid exploration permits and special exploration permits
8
(5) Any or all of the following conditions may be specified in a
9
work-bid exploration permit or a special exploration permit:
10
(a) conditions requiring the permittee to carry out work in, or in
11
relation to, the permit area (including conditions requiring
12
the permittee to carry out the work during a period of 12
13
months or longer, or during periods each of which is 12
14
months or longer);
15
(b) conditions relating to the amounts that the permittee must
16
spend in carrying out such work;
17
(c) conditions requiring the permittee to comply with directions
18
that:
19
(i) relate to the matters covered by paragraphs (a) and (b);
20
and
21
(ii) are given in accordance with the permit.
22
(6) Subsection (5) does not limit subsection (1).
23
Cash-bid exploration permits
24
(7) Despite subsection (1), a cash-bid exploration permit must not be
25
granted subject to conditions requiring the permittee to:
26
(a) carry out work in, or in relation to, the permit area; or
27
(b) spend particular amounts on the carrying out of work in, or in
28
relation to, the permit area.
29
Note:
A grant of a permit may be a grant by way of renewal--see
30
section 10.
31
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 1 General provisions
Section 80
78 Offshore Petroleum Bill 2005 No. , 2005
80 Duration of exploration permit
1
(1) The duration of an exploration permit is worked out using the
2
table:
3
4
Duration of exploration permits
Item
This kind of permit...
remains in force...
1
an original exploration permit
for the period of 6 years beginning
on:
(a) the day on which the permit is
granted; or
(b) if a later day is specified in the
permit as the day on which the
permit is to come into force--
that later day.
2
an exploration permit granted by
way of renewal
for the period of 5 years beginning
on:
(a) the day on which the permit is
granted; or
(b) if a later day is specified in the
permit as the day on which the
permit is to come into force--
that later day.
(2) Subsection (1) has effect subject to this Chapter.
5
Note 1:
For a special rule about the extension of the duration of an exploration
6
permit if the permittee applies for a retention lease or production
7
licence, see section 81.
8
Note 2:
For a special rule about the extension of the duration of exploration
9
permits pending decisions on renewal applications, see subsection
10
97(5).
11
Note 3:
For a special rule about the extension of the duration of cash-bid
12
exploration permits, see section 92.
13
Note 4:
For special rules about the extension of the duration of an exploration
14
permit following a suspension or exemption decision, see sections 228
15
and 230.
16
Note 5:
For the revocation of an exploration permit, see section 160 and
17
clause 8 of Schedule 4.
18
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
General provisions Division 1
Section 81
Offshore Petroleum Bill 2005 No. , 2005 79
Note 6:
For special rules about when an exploration permit ceases to be in
1
force following the grant of a retention lease or production licence, see
2
sections 121 and 148.
3
Note 7:
For the surrender of an exploration permit, see Part 2.12.
4
Note 8:
For the cancellation of an exploration permit, see Part 2.13.
5
81 Extension of exploration permit if permittee applies for retention
6
lease or production licence
7
(1) If:
8
(a) an exploration permit over a block or blocks cannot be
9
renewed or further renewed; and
10
(b) before the time when the permit would, apart from this
11
subsection, expire, the permittee applies to the Designated
12
Authority for the grant by the Joint Authority of a retention
13
lease or production licence over the block or one or more of
14
the blocks; and
15
(c) the block or blocks covered by the application are included in
16
a location;
17
the table has effect:
18
19
Extension of permit
Item
In this case...
the permit continues in force over
the block or blocks covered by the
application until...
1
the Joint Authority gives the
permittee an offer document
relating to a retention lease or
production licence over the
block or one or more of the
blocks
the lease or licence is granted, the
permittee withdraws the application or
the application lapses.
2
the application is for a retention
lease and the Joint Authority
decides not to grant the lease to
the permittee
the end of the period of one year after
the day on which the notice of refusal
was given to the permittee.
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 1 General provisions
Section 81
80 Offshore Petroleum Bill 2005 No. , 2005
Extension of permit
Item
In this case...
the permit continues in force over
the block or blocks covered by the
application until...
3
the application is for a
production licence and the Joint
Authority decides not to grant
the licence to the permittee
notice of the decision is given to the
permittee.
(2) Subsection (1) has effect subject to this Chapter but despite
1
section 80.
2
Note:
See the notes at the end of section 80.
3
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
Obtaining a work-bid exploration permit Division 2
Section 82
Offshore Petroleum Bill 2005 No. , 2005 81
1
Division 2--Obtaining a work-bid exploration permit
2
82 Application for work-bid exploration permit--advertising of
3
blocks
4
Invitation to apply for an exploration permit
5
(1) The Joint Authority may, by notice published in the Gazette:
6
(a) invite applications for the grant by the Joint Authority of an
7
exploration permit over the block, or any or all of the blocks,
8
specified in the notice; and
9
(b) specify a period within which applications may be made.
10
(2) If the Joint Authority has published a notice under subsection 88(1)
11
inviting applications for the grant of an exploration permit over a
12
block, the block must not be specified in a notice under
13
subsection (1) of this section at any time during the period
14
specified in the subsection 88(1) notice.
15
Note:
Subsection 88(1) deals with cash-bid exploration permits.
16
Application for exploration permit
17
(3) An application under this section must be accompanied by details
18
of:
19
(a) the applicant's proposals for work and expenditure in relation
20
to the block or blocks specified in the application; and
21
(b) the technical qualifications of the applicant and of the
22
applicant's employees; and
23
(c) the technical advice available to the applicant; and
24
(d) the financial resources available to the applicant.
25
Note 1:
Part 2.10 contains additional provisions about application procedures.
26
Note 2:
Section 220 requires the application to be accompanied by an
27
application fee.
28
Note 3:
Section 222 enables the Designated Authority to require the applicant
29
to give further information.
30
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 2 Obtaining a work-bid exploration permit
Section 83
82 Offshore Petroleum Bill 2005 No. , 2005
Maximum number of blocks
1
(4) The number of blocks specified in an application under this section
2
must not be more than 400.
3
Minimum number of blocks
4
(5) If 16 or more blocks are available, the number of blocks specified
5
in an application under this section must not be less than 16.
6
(6) If less than 16 blocks are available, the number of blocks specified
7
in an application under this section must be the number available.
8
(7) Subsections (5) and (6) do not apply to applications if the Joint
9
Authority, for reasons that the Joint Authority thinks sufficient,
10
includes in the subsection (1) notice a direction that subsections (5)
11
and (6) do not apply to those applications.
12
Attributes of blocks
13
(8) The blocks specified in an application under this section must be
14
blocks that are constituted by graticular sections that:
15
(a) constitute a single area; and
16
(b) are such that each graticular section in that area has a side in
17
common with at least one other graticular section in that area.
18
(9) Subsection (8) does not apply to applications if the Joint Authority,
19
for reasons that the Joint Authority thinks sufficient, includes in the
20
subsection (1) notice a direction that subsection (8) does not apply
21
to those applications.
22
83 Grant of work-bid exploration permit--offer document
23
Scope
24
(1) This section applies if an application for the grant of an exploration
25
permit has been made under section 82.
26
Offer document
27
(2) The Joint Authority may:
28
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
Obtaining a work-bid exploration permit Division 2
Section 84
Offshore Petroleum Bill 2005 No. , 2005 83
(a) give the applicant a written notice (called an offer document)
1
telling the applicant that the Joint Authority is prepared to
2
grant the applicant an exploration permit over the block or
3
blocks specified in the offer document; or
4
(b) by written notice given to the applicant, refuse to grant an
5
exploration permit to the applicant.
6
Note 1:
Section 223 sets out additional requirements for offer documents (for
7
example, a requirement that an offer document must contain a
8
summary of conditions).
9
Note 2:
If the applicant breaches a requirement under section 222 to provide
10
further information, the Joint Authority may refuse to give the
11
applicant an offer document--see subsection 222(3).
12
84 Ranking of multiple applicants for work-bid exploration permit
13
Scope
14
(1) This section applies if:
15
(a) the Joint Authority publishes a notice under subsection 82(1)
16
inviting applications for the grant of an exploration permit;
17
and
18
(b) at the end of the period specified in the notice, 2 or more
19
applications have been made under section 82 for the grant of
20
an exploration permit over the same block or blocks.
21
Most deserving applicant may be given offer document
22
(2) The Joint Authority may give an offer document under section 83
23
to whichever applicant, in the Joint Authority's opinion, is most
24
deserving of the grant of the exploration permit.
25
(3) In determining which of the applicants is most deserving of the
26
grant of the exploration permit, the Joint Authority must have
27
regard to criteria made publicly available by the Joint Authority.
28
Ranking of applicants
29
(4) For the purposes of this section, the Joint Authority may rank the
30
applicants in the order in which, in the Joint Authority's opinion,
31
they are deserving of the grant of the exploration permit, with the
32
most deserving applicant being ranked highest.
33
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 2 Obtaining a work-bid exploration permit
Section 84
84 Offshore Petroleum Bill 2005 No. , 2005
(5) The Joint Authority may exclude from the ranking any applicant
1
who, in the Joint Authority's opinion, is not deserving of the grant
2
of the exploration permit.
3
Applicants who are equally deserving of the grant of the
4
exploration permit
5
(6) If the Joint Authority:
6
(a) has considered the information accompanying the
7
applications; and
8
(b) is of the opinion that 2 or more of the applicants are equally
9
deserving of the grant of the exploration permit;
10
the Joint Authority may, by written notice given to each of those
11
applicants, invite them to give the Joint Authority details (the
12
work/expenditure details) of their proposals for additional work
13
and expenditure in relation to the block or blocks concerned.
14
(7) A notice under subsection (6) must:
15
(a) specify the kinds of work/expenditure details that the Joint
16
Authority considers to be relevant in determining which of
17
the applicants is most deserving of the grant of the
18
exploration permit; and
19
(b) specify the period within which the work/expenditure details
20
must be given to the Joint Authority.
21
(8) If an applicant gives work/expenditure details to the Joint
22
Authority, and those details are:
23
(a) of a kind specified in the notice; and
24
(b) given within the period specified in the notice;
25
the Joint Authority must have regard to the details in determining
26
which of the applicants is most deserving of the grant of the
27
exploration permit.
28
Criteria
29
(9) An instrument setting out criteria under subsection (3) is not a
30
legislative instrument for the purposes of the Legislative
31
Instruments Act 2003.
32
Note:
See also section 87, which deals with the effect of the withdrawal or
33
lapse of an application.
34
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
Obtaining a work-bid exploration permit Division 2
Section 85
Offshore Petroleum Bill 2005 No. , 2005 85
85 Grant of work-bid exploration permit
1
If:
2
(a) an applicant has been given an offer document under
3
section 83; and
4
(b) the applicant has made a request under section 224 in relation
5
to the offer document within the period applicable under that
6
section;
7
the Joint Authority must grant the applicant an exploration permit
8
over the block or blocks specified in the offer document.
9
Note:
If the applicant does not make a request under section 224 within the
10
period applicable under that section, the application lapses at the end
11
of that period--see subsection 224(4).
12
86 Withdrawal of application
13
Scope
14
(1) This section applies if the Joint Authority publishes a notice under
15
subsection 82(1) inviting applications for the grant of an
16
exploration permit.
17
Withdrawal by single applicant
18
(2) If a person has made an application, the person may, by written
19
notice given to the Joint Authority, withdraw the application at any
20
time before an exploration permit is granted as a result of the
21
application.
22
Withdrawal by all joint applicants
23
(3) If 2 or more persons have made a joint application, all of those
24
persons may, by written notice given to the Joint Authority,
25
withdraw the application at any time before an exploration permit
26
is granted as a result of the application.
27
Withdrawal by one or more, but not all, joint applicants
28
(4) If:
29
(a) a joint application was made under section 82 for the grant of
30
an exploration permit; and
31
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 2 Obtaining a work-bid exploration permit
Section 87
86 Offshore Petroleum Bill 2005 No. , 2005
(b) all of the joint applicants, by written notice given to the Joint
1
Authority, tell the Joint Authority that one or more, but not
2
all, of them, as specified in the notice, withdraw from the
3
application;
4
then:
5
(c) the application continues in force as if it had been made by
6
the remaining applicant or applicants; and
7
(d) if the Joint Authority had given the joint applicants an offer
8
document in relation to the application--the Joint Authority
9
is taken not to have given the offer document to the joint
10
applicants.
11
87 Effect of withdrawal or lapse of application
12
Scope
13
(1) This section applies if:
14
(a) 2 or more applications have been made under section 82 for
15
the grant of an exploration permit over the same block or
16
blocks; and
17
(b) one or more, but not all, of the applications are withdrawn or
18
have lapsed.
19
Application is taken not to have been made
20
(2) A withdrawn or lapsed application is taken not to have been made.
21
Offer document is taken not to have been given
22
(3) If the Joint Authority gave an offer document in relation to a
23
withdrawn or lapsed application, the Joint Authority is taken not to
24
have given an offer document in relation to the withdrawn or
25
lapsed application.
26
Request to grant exploration permit
27
(4) If the applicant, or one of the applicants, whose application had
28
been withdrawn had requested the Joint Authority under
29
section 224 to grant an exploration permit to the applicant
30
concerned, the request is taken not to have been made.
31
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
Obtaining a work-bid exploration permit Division 2
Section 87
Offshore Petroleum Bill 2005 No. , 2005 87
Refusal to grant exploration permit
1
(5) If the following conditions are satisfied in relation to a remaining
2
applicant:
3
(a) the Joint Authority had refused to grant an exploration permit
4
to the remaining applicant;
5
(b) the Joint Authority did not exclude the remaining applicant
6
from the ranking under subsection 84(5);
7
the refusal is taken not to have occurred.
8
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 3 Obtaining a cash-bid exploration permit
Section 88
88 Offshore Petroleum Bill 2005 No. , 2005
1
Division 3--Obtaining a cash-bid exploration permit
2
88 Application for cash-bid exploration permit
3
Invitation to apply for an exploration permit
4
(1) The Joint Authority may, by notice published in the Gazette:
5
(a) invite applications by way of cash bidding for the grant by
6
the Joint Authority of an exploration permit over the block or
7
blocks specified in the notice; and
8
(b) specify a period within which applications may be made.
9
(2) If the Joint Authority has published a notice under subsection 82(1)
10
inviting applications for the grant of an exploration permit over a
11
block, the block must not be specified in a notice under
12
subsection (1) of this section at any time during the period
13
specified in the subsection 82(1) notice.
14
Note:
Subsection 82(1) deals with work-bid exploration permits.
15
(3) A notice under subsection (1) must:
16
(a) state whether the permit is able to be renewed; and
17
(b) contain a summary of the conditions to which the permit will
18
be subject; and
19
(c) specify the matters that the Joint Authority will take into
20
account in deciding whether to reject an application.
21
(4) If a notice under subsection (1) specifies more than one block,
22
those blocks must be constituted by graticular sections that:
23
(a) constitute a single area; and
24
(b) are such that each graticular section in that area has a side in
25
common with at least one other graticular section in that area.
26
Application for exploration permit
27
(5) If a notice under subsection (1) specifies more than one block, an
28
application under this section must be for an exploration permit
29
over all of the specified blocks.
30
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
Obtaining a cash-bid exploration permit Division 3
Section 89
Offshore Petroleum Bill 2005 No. , 2005 89
(6) An application under this section must:
1
(a) be accompanied by details of:
2
(i) the technical qualifications of the applicant and of the
3
applicant's employees; and
4
(ii) the technical advice available to the applicant; and
5
(iii) the financial resources available to the applicant; and
6
(b) specify the amount that the applicant would be prepared to
7
pay for the grant of the permit.
8
Note 1:
Part 2.10 contains additional provisions about application procedures.
9
Note 2:
Section 220 requires the application to be accompanied by an
10
application fee.
11
Note 3:
Section 222 enables the Designated Authority to require the applicant
12
to give further information.
13
89 Grant of cash-bid exploration permit--only one application
14
Scope
15
(1) This section applies if:
16
(a) the Joint Authority publishes a notice under subsection 88(1)
17
inviting applications for the grant of an exploration permit
18
over a block or blocks; and
19
(b) at the end of the period specified in the notice, only one
20
application has been made under section 88 in relation to the
21
block or blocks.
22
Offer document
23
(2) The Joint Authority may:
24
(a) give the applicant a written notice (called an offer document)
25
telling the applicant that the Joint Authority is prepared to
26
grant the applicant an exploration permit over that block or
27
those blocks; or
28
(b) by written notice given to the applicant, reject the
29
application.
30
Note 1:
Section 223 sets out additional requirements for offer documents (for
31
example, a requirement that an offer document must contain a
32
summary of conditions).
33
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 3 Obtaining a cash-bid exploration permit
Section 90
90 Offshore Petroleum Bill 2005 No. , 2005
Note 2:
If the applicant breaches a requirement under section 222 to provide
1
further information, the Joint Authority may refuse to give the
2
applicant an offer document--see subsection 222(3).
3
90 Grant of cash-bid exploration permit--2 or more applications
4
Scope
5
(1) This section applies if:
6
(a) the Joint Authority publishes a notice under subsection 88(1)
7
inviting applications for the grant of an exploration permit
8
over a block or blocks; and
9
(b) at the end of the period specified in the notice, 2 or more
10
applications have been made under section 88 in relation to
11
the block or blocks.
12
Rejection of applications
13
(2) The Joint Authority may reject any or all of the applications.
14
Unrejected applications
15
(3) If the Joint Authority does not reject all of the applications, the
16
table has effect:
17
18
Unrejected applications
Item
If...
the Joint Authority may give a written
notice (called an offer document) to...
1
only one application remains
unrejected
the applicant.
2
(a) 2 or more applications
remain unrejected; and
(b) the amounts specified in
the applications under
paragraph 88(6)(b) are
equal
one of those applicants.
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
Obtaining a cash-bid exploration permit Division 3
Section 90
Offshore Petroleum Bill 2005 No. , 2005 91
Unrejected applications
Item
If...
the Joint Authority may give a written
notice (called an offer document) to...
3
(a) 2 or more applications
remain unrejected; and
(b) the amounts specified in
the applications under
paragraph 88(6)(b) are not
equal; and
(c) the amount specified in
one of the applications is
higher than the amount or
amounts specified in the
remaining application or
applications
whichever of those applicants specified the
highest amount.
4
(a) 3 or more applications
remain unrejected; and
(b) 2 or more of the amounts
specified in the
applications under
paragraph 88(6)(b) are:
(i) equal; and
(ii) higher than the
amount or amounts
specified in the
remaining
application or
applications
one of the applicants who specified the
equal highest amount.
(4) An offer document given to an applicant must tell the applicant
1
that the Joint Authority is prepared to grant the applicant an
2
exploration permit over the block or blocks.
3
Note 1:
Section 223 sets out additional requirements for offer documents (for
4
example, a requirement that an offer document must contain a
5
summary of conditions).
6
Note 2:
If an applicant breaches a requirement under section 222 to provide
7
further information, the Joint Authority may refuse to give the
8
applicant an offer document--see subsection 222(3).
9
(5) If:
10
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 3 Obtaining a cash-bid exploration permit
Section 91
92 Offshore Petroleum Bill 2005 No. , 2005
(a) an applicant is given an offer document under this section;
1
and
2
(b) the application lapses as provided by section 224 or 225; and
3
(c) there are one or more remaining unrejected applications;
4
subsections (3) and (4) of this section apply in relation to the
5
remaining unrejected applications.
6
Unsuccessful applications
7
(6) If the Joint Authority does not give an offer document to an
8
applicant, the Joint Authority must, by written notice given to the
9
applicant, inform the applicant that the application was
10
unsuccessful.
11
91 Grant of cash-bid exploration permit
12
(1) If:
13
(a) an applicant has been given an offer document under
14
section 89 or 90; and
15
(b) the applicant has made a request under section 224 in relation
16
to the offer document within the period applicable under that
17
section; and
18
(c) the applicant has paid the specified amount within the period
19
applicable under section 225;
20
the Joint Authority must grant the applicant an exploration permit
21
over the block or blocks specified in the offer document.
22
Note 1:
If the applicant does not make a request under section 224 within the
23
period applicable under that section, the application lapses at the end
24
of that period--see subsection 224(4).
25
Note 2:
If the applicant has not paid the specified amount within the period
26
applicable under section 225, the application lapses at the end of that
27
period--see subsection 225(1).
28
(2) For the purposes of this section, the specified amount is the
29
amount specified in the offer document as the amount that the
30
applicant must pay for the grant of the exploration permit.
31
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
Obtaining a cash-bid exploration permit Division 3
Section 92
Offshore Petroleum Bill 2005 No. , 2005 93
92 Extension of cash-bid exploration permit
1
Scope
2
(1) This section applies if:
3
(a) a cash-bid exploration permit expires; and
4
(b) the permit cannot be renewed.
5
Note:
See section 98 (non-renewable permits) and section 99 (limit on
6
renewal of permits).
7
Extension of permit--requirement to nominate blocks as location
8
(2) If, before the expiry of the permit:
9
(a) the Designated Authority had required the permittee to
10
nominate, under section 108, a block or blocks in relation to
11
which the permit was in force; and
12
(b) the permittee had not complied with the requirement;
13
the permit continues in force over that block or those blocks until
14
the end of the period the permittee has to comply with the
15
requirement.
16
Extension of permit--nomination of blocks as location, declaration
17
of location
18
(3) If, before the expiry of the permit:
19
(a) a block or blocks in relation to which the permit was in force
20
had been nominated under section 107; or
21
(b) both:
22
(i) a declaration under section 109 had been made in
23
relation to a block or blocks in relation to which the
24
permit was in force; and
25
(ii) the permittee had not requested that the declaration be
26
revoked;
27
the permit continues in force over that block or those blocks until
28
whichever of the following events happens first:
29
(c) a declaration under section 109 in relation to the block or
30
blocks is revoked;
31
(d) a retention lease or a production licence is granted in relation
32
to the block or blocks;
33
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 3 Obtaining a cash-bid exploration permit
Section 92
94 Offshore Petroleum Bill 2005 No. , 2005
(e) the application period referred to in section 117 in relation to
1
the block or blocks ends without the permittee making an
2
application under that section for a retention lease in relation
3
to the block or blocks;
4
(f) if the Royalty Act does not apply to the permit--the
5
application period referred to in section 143 in relation to the
6
block or blocks ends without the permittee making an
7
application under section 142 for a production licence over
8
the block or blocks;
9
(g) if the Royalty Act applies to the permit--the application
10
period referred to in clause 3 of Schedule 4 in relation to the
11
block or blocks ends without the permittee making an
12
application under clause 2 of Schedule 4 for a production
13
licence over the block or blocks.
14
(4) This section has effect subject to this Chapter but despite
15
section 80.
16
Note:
See the notes at the end of section 80.
17
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
Obtaining a special exploration permit over a surrendered block or certain other blocks
Division 4
Section 93
Offshore Petroleum Bill 2005 No. , 2005 95
1
Division 4--Obtaining a special exploration permit over a
2
surrendered block or certain other blocks
3
93 Application for a special exploration permit over a surrendered
4
block or certain other blocks
5
Invitation to apply for an exploration permit
6
(1) If:
7
(a) a retention lease is surrendered, cancelled or revoked to the
8
extent to which it relates to a block or blocks; or
9
(b) a production licence is surrendered or cancelled to the extent
10
to which it relates to a block or blocks; or
11
(c) a production licence that relates to a block or blocks is
12
terminated; or
13
(d) both:
14
(i) an exploration permit is surrendered, cancelled or
15
revoked to the extent to which it relates to a block or
16
blocks; and
17
(ii) at the time of the surrender, cancellation or revocation,
18
the block or blocks were, or were included in, a
19
location;
20
the Joint Authority may, at any later time, by notice published in
21
the Gazette:
22
(e) invite applications for the grant by the Joint Authority of an
23
exploration permit over that block or such of those blocks as
24
are specified in the notice; and
25
(f) specify a period within which applications may be made.
26
(2) A notice under subsection (1) must state that an applicant must
27
specify an amount that the applicant would be prepared to pay for
28
the grant of the permit.
29
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 4 Obtaining a special exploration permit over a surrendered block or certain
other blocks
Section 93
96 Offshore Petroleum Bill 2005 No. , 2005
Application for exploration permit
1
(3) If a notice under subsection (1) specifies more than one block, an
2
application under this section must be for an exploration permit
3
over all of the specified blocks.
4
(4) An application under this section must:
5
(a) be accompanied by details of:
6
(i) the applicant's proposals for work and expenditure in
7
relation to the block or blocks specified in the
8
application; and
9
(ii) the technical qualifications of the applicant and of the
10
applicant's employees; and
11
(iii) the technical advice available to the applicant; and
12
(iv) the financial resources available to the applicant; and
13
(b) specify the amount that the applicant would be prepared to
14
pay for the grant of the permit.
15
Note 1:
Part 2.10 contains additional provisions about application procedures.
16
Note 2:
Section 220 requires the application to be accompanied by an
17
application fee.
18
Note 3:
Section 222 enables the Designated Authority to require the applicant
19
to give further information.
20
(5) An application under this section must be accompanied by a
21
deposit of 10% of the amount that the applicant has specified under
22
paragraph (4)(b).
23
Refund of deposit
24
(6) If the permit is not granted, the deposit must be refunded to the
25
applicant.
26
(7) Subsection (6) does not apply if:
27
(a) the applicant has been given an offer document under
28
section 94 or 95 in relation to the application; and
29
(b) the applicant does not, under section 224, request the grant of
30
the permit.
31
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
Obtaining a special exploration permit over a surrendered block or certain other blocks
Division 4
Section 94
Offshore Petroleum Bill 2005 No. , 2005 97
94 Grant of special exploration permit--only one application
1
Scope
2
(1) This section applies if:
3
(a) the Joint Authority publishes a notice under subsection 93(1)
4
inviting applications for the grant of an exploration permit
5
over a block or blocks; and
6
(b) at the end of the period specified in the notice, only one
7
application has been made under section 93 in relation to the
8
block or blocks.
9
Offer document
10
(2) The Joint Authority may:
11
(a) give the applicant a written notice (called an offer document)
12
telling the applicant that the Joint Authority is prepared to
13
grant the applicant an exploration permit over that block or
14
those blocks; or
15
(b) by written notice given to the applicant, reject the
16
application.
17
Note 1:
Section 223 sets out additional requirements for offer documents (for
18
example, a requirement that an offer document must contain a
19
summary of conditions).
20
Note 2:
If the applicant breaches a requirement under section 222 to provide
21
further information, the Joint Authority may refuse to give the
22
applicant an offer document--see subsection 222(3).
23
95 Grant of special exploration permit--2 or more applications
24
Scope
25
(1) This section applies if:
26
(a) the Joint Authority publishes a notice under subsection 93(1)
27
inviting applications for the grant of an exploration permit
28
over a block or blocks; and
29
(b) at the end of the period specified in the notice, 2 or more
30
applications have been made under section 93 in relation to
31
the block or blocks.
32
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 4 Obtaining a special exploration permit over a surrendered block or certain
other blocks
Section 95
98 Offshore Petroleum Bill 2005 No. , 2005
Rejection of applications
1
(2) The Joint Authority may reject any or all of the applications.
2
Unrejected applications
3
(3) If the Joint Authority does not reject all of the applications, the
4
table has effect:
5
6
Unrejected applications
Item
If...
the Joint Authority may give a written
notice (called an offer document) to...
1
only one application remains
unrejected
the applicant.
2
(a) 2 or more applications
remain unrejected; and
(b) the amounts specified in
the applications under
paragraph 93(4)(b) are
equal
one of those applicants.
3
(a) 2 or more applications
remain unrejected; and
(b) the amounts specified in
the applications under
paragraph 93(4)(b) are not
equal; and
(c) the amount specified in
one of the applications is
higher than the amount or
amounts specified in the
remaining application or
applications
whichever of those applicants specified the
highest amount.
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
Obtaining a special exploration permit over a surrendered block or certain other blocks
Division 4
Section 95
Offshore Petroleum Bill 2005 No. , 2005 99
Unrejected applications
Item
If...
the Joint Authority may give a written
notice (called an offer document) to...
4
(a) 3 or more applications
remain unrejected; and
(b) 2 or more of the amounts
specified in the
applications under
paragraph 93(4)(b) are:
(i) equal; and
(ii) higher than the
amount or amounts
specified in the
remaining
application or
applications
one of the applicants who specified the
equal highest amount.
(4) An offer document given to an applicant must tell the applicant
1
that the Joint Authority is prepared to grant the applicant an
2
exploration permit over the block or blocks.
3
Note 1:
Section 223 sets out additional requirements for offer documents (for
4
example, a requirement that an offer document must contain a
5
summary of conditions).
6
Note 2:
If an applicant breaches a requirement under section 222 to provide
7
further information, the Joint Authority may refuse to give the
8
applicant an offer document--see subsection 222(3).
9
(5) If:
10
(a) an applicant is given an offer document under this section;
11
and
12
(b) the application lapses as provided by section 224 or 225; and
13
(c) there are one or more remaining unrejected applications;
14
subsections (3) and (4) of this section apply in relation to the
15
remaining unrejected applications.
16
Unsuccessful applications
17
(6) If the Joint Authority does not give an offer document to an
18
applicant, the Joint Authority must, by written notice given to the
19
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 4 Obtaining a special exploration permit over a surrendered block or certain
other blocks
Section 96
100 Offshore Petroleum Bill 2005 No. , 2005
applicant, inform the applicant that the application was
1
unsuccessful.
2
96 Grant of special exploration permit
3
(1) If:
4
(a) an applicant has been given an offer document under
5
section 94 or 95; and
6
(b) the applicant has made a request under section 224 in relation
7
to the offer document within the period applicable under that
8
section; and
9
(c) the applicant has paid the specified balance within the period
10
applicable under section 225;
11
the Joint Authority must grant the applicant an exploration permit
12
over the block or blocks specified in the offer document.
13
Note 1:
If the applicant does not make a request under section 224 within the
14
period applicable under that section, the application lapses at the end
15
of that period--see subsection 224(4).
16
Note 2:
If the applicant has not paid the specified balance within the period
17
applicable under section 225, the application lapses at the end of that
18
period--see subsection 225(2).
19
(2) For the purposes of this section, the specified balance is the
20
balance specified in the offer document as the balance of the
21
amount that the applicant must pay for the grant of the exploration
22
permit.
23
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
Renewal of exploration permits Division 5
Section 97
Offshore Petroleum Bill 2005 No. , 2005 101
1
Division 5--Renewal of exploration permits
2
97 Application for renewal of exploration permit
3
(1) An exploration permittee may apply to the Designated Authority
4
for the renewal by the Joint Authority of the permit in relation to
5
such of the blocks the subject of the permit as are specified in the
6
application.
7
Note 1:
Part 2.10 contains additional provisions about application procedures.
8
Note 2:
Section 220 requires the application to be accompanied by an
9
application fee.
10
(2) Subsection (1) has effect subject to the following provisions:
11
(a) section 98 (non-renewable cash-bid exploration permits);
12
(b) section 99 (limit on renewal of cash-bid exploration permits);
13
(c) section 100 (limits on renewal of work-bid exploration
14
permits and special exploration permits);
15
(d) section 101 (standard halving rules);
16
(e) section 102 (modified halving rules).
17
(3) An application to renew an exploration permit must be made at
18
least 90 days before the expiry date of the permit.
19
(4) Despite subsection (3), the Designated Authority may accept an
20
application to renew an exploration permit if the application is
21
made:
22
(a) later than 90 days before the expiry date of the permit; and
23
(b) before the expiry date of the permit.
24
Extension of duration of exploration permit pending decision on
25
application
26
(5) If:
27
(a) an exploration permittee makes an application to renew the
28
permit; and
29
(b) the permit would, apart from this subsection, expire:
30
(i) before the Joint Authority grants, or refuses to grant, the
31
renewal of the permit; or
32
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 5 Renewal of exploration permits
Section 98
102 Offshore Petroleum Bill 2005 No. , 2005
(ii) before the application lapses as provided by section 224;
1
the permit continues in force:
2
(c) until the Joint Authority grants, or refuses to grant, the
3
renewal of the permit; or
4
(d) until the application so lapses;
5
whichever happens first.
6
(6) Subsection (5) has effect subject to this Chapter but despite
7
section 80.
8
Note:
See the notes at the end of section 80.
9
98 Non-renewable cash-bid exploration permits
10
An exploration permittee must not apply to renew a cash-bid
11
exploration permit if the notice under subsection 88(1) relating to
12
the grant of the permit stated that the permit was not able to be
13
renewed.
14
99 Limit on renewal of cash-bid exploration permits
15
An exploration permittee must not apply to renew a cash-bid
16
exploration permit if the Joint Authority has previously granted a
17
renewal of the permit.
18
100 Limits on renewal of work-bid exploration permits and special
19
exploration permits
20
Scope
21
(1) This section applies to an application for renewal of a work-bid
22
exploration permit or a special exploration permit.
23
Limits
24
(2) The table has effect:
25
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
Renewal of exploration permits Division 5
Section 100
Offshore Petroleum Bill 2005 No. , 2005 103
1
Limits on renewal
Item
In this case...
Do the
standard
halving
rules in
section 10
1 apply?
Do the
modified
halving
rules in
section 10
2 apply?
Can the
permit be
renewed
more than
twice?
1
an application for renewal of a
work-bid exploration permit,
where the original exploration
permit was granted:
(a) on or after 1 January 2003;
and
(b) as a result of an application
made in response to an
invitation in a notice that
was published under
subsection 82(1) on or after
1 January 2003
Yes
No
No
2
an application for renewal of a
special exploration permit,
where the original exploration
permit was granted on or after
1 January 2003
Yes
No
No
3
the first application after
6 March 2000 to renew an
exploration permit, where the
original exploration permit was
granted before 7 March 2000
No
Yes
Yes, so long
as the
modified
halving rules
do not prevent
the renewal
4
any other application for
renewal of an exploration
permit
Yes
No
Yes, so long
as the standard
halving rules
do not prevent
the renewal
Note:
Under clause 23 of Schedule 6 to this Act, the reference in item 1 of
2
the table to subsection 82(1) of this Act includes a reference to
3
subsection 20(1) of the Petroleum (Submerged Lands) Act 1967.
4
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 5 Renewal of exploration permits
Section 101
104 Offshore Petroleum Bill 2005 No. , 2005
101 Standard halving rules
1
(1) This section sets out the standard halving rules.
2
Scope
3
(2) This section applies to:
4
(a) an application for renewal of a cash-bid exploration permit
5
that is capable of being renewed; and
6
(b) an application for renewal that is covered by item 1, 2 or 4 of
7
the table in subsection 100(2).
8
Basic rule
9
(3) The maximum number of blocks in relation to which an application
10
for a renewal of a permit may be made is worked out using the
11
table:
12
13
Maximum number of blocks
Item
In this case...
the maximum number of
blocks is...
1
the number of non-location blocks in relation
to which the permit is in force is a number
(the divisible number) that is divisible by 2
without remainder
one-half of the divisible
number.
2
the number of non-location blocks in relation
to which the permit is in force is a number
that is one less or one more than a number
(the divisible number) that is divisible by 4
without remainder
one-half of the divisible
number.
(4) Subsection (3) has effect subject to subsections (5), (6), (7), (8) and
14
(9).
15
Additional rules
16
(5) An application to renew a permit may include, in addition to the
17
blocks worked out under subsection (3):
18
(a) a block that is, or is included in, a location and in relation to
19
which the permit is in force; or
20
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
Renewal of exploration permits Division 5
Section 102
Offshore Petroleum Bill 2005 No. , 2005 105
(b) 2 or more blocks covered by paragraph (a).
1
(6) An application cannot be made to renew a permit in relation to
2
only one block.
3
(7) If a permit is in force in relation to 5 or 6 blocks, an application
4
may be made to renew the permit in relation to 4 of those blocks.
5
(8) If a permit is in force in relation to 2, 3 or 4 blocks, an application
6
may be made to renew the permit in relation to all those blocks.
7
(9) If a permit is renewed as a result of an application referred to in
8
subsection (8), an application may not be made for the further
9
renewal of the permit.
10
Definition
11
(10) In this section:
12
non-location block means a block that is neither a location nor
13
included in a location.
14
102 Modified halving rules
15
(1) This section sets out the modified halving rules.
16
Scope
17
(2) This section applies to an application for renewal that is covered by
18
item 3 of the table in subsection 100(2).
19
Modification of standard halving rules
20
(3) The modified halving rules are the rules set out in subsections
21
101(3), (4), (5), (7), (8), (9) and (10), modified as follows:
22
(a) if the maximum number of blocks in relation to which an
23
application for renewal of a permit may be made in
24
accordance with those rules is less than 16, the Joint
25
Authority may, by written notice given to the permittee:
26
(i) tell the permittee that the number of blocks in relation to
27
which the application may be made is such number, not
28
more than 16, as is specified in the notice; and
29
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 5 Renewal of exploration permits
Section 103
106 Offshore Petroleum Bill 2005 No. , 2005
(ii) give such directions as the Joint Authority thinks fit
1
about the blocks in relation to which the application
2
may be made;
3
(b) if a permit is in force in relation to only one block, an
4
application may be made for renewal of the permit in relation
5
to that block.
6
103 Renewal of exploration permit--offer document
7
Scope
8
(1) This section applies if an application to renew an exploration
9
permit has been made under section 97.
10
Offer document--compliance with conditions etc.
11
(2) If each of the following has been complied with:
12
(a) the conditions to which the exploration permit is, or has from
13
time to time been, subject;
14
(b) the provisions of this Chapter, Chapter 3, Chapter 4 and
15
Part 5.1;
16
(c) the regulations;
17
the Joint Authority must give the applicant a written notice (called
18
an offer document) telling the applicant that the Joint Authority is
19
prepared to renew the permit.
20
Note:
Section 223 sets out additional requirements for offer documents (for
21
example, a requirement that an offer document must contain a
22
summary of conditions).
23
Offer document--non-compliance with conditions etc.
24
(3) If:
25
(a) any of:
26
(i) the conditions to which the exploration permit is, or has
27
from time to time been, subject; or
28
(ii) the provisions of this Chapter, Chapter 3, Chapter 4 and
29
Part 5.1; or
30
(iii) the provisions of the regulations;
31
have not been complied with; and
32
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
Renewal of exploration permits Division 5
Section 104
Offshore Petroleum Bill 2005 No. , 2005 107
(b) the Joint Authority is satisfied that there are sufficient
1
grounds to warrant the granting of the renewal of the permit;
2
the Joint Authority may give the applicant a written notice (called
3
an offer document) telling the applicant that the Joint Authority is
4
prepared to renew the permit.
5
Note:
Section 223 sets out additional requirements for offer documents (for
6
example, a requirement that an offer document must contain a
7
summary of conditions).
8
104 Refusal to renew exploration permit
9
Scope
10
(1) This section applies if an application to renew an exploration
11
permit has been made under section 97.
12
Refusal on grounds of non-compliance with conditions
13
(2) If:
14
(a) any of:
15
(i) the conditions to which the exploration permit is, or has
16
from time to time been, subject; or
17
(ii) the provisions of this Chapter, Chapter 3, Chapter 4 and
18
Part 5.1; or
19
(iii) the provisions of the regulations;
20
have not been complied with; and
21
(b) the Joint Authority is not satisfied that there are sufficient
22
grounds to warrant the granting of the renewal of the permit;
23
the Joint Authority must, by written notice given to the applicant,
24
refuse to renew the permit.
25
Note:
Consultation procedures apply--see section 226.
26
105 Renewal of exploration permit
27
If:
28
(a) an applicant has been given an offer document under
29
section 103; and
30
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 5 Renewal of exploration permits
Section 105
108 Offshore Petroleum Bill 2005 No. , 2005
(b) the applicant has made a request under section 224 in relation
1
to the offer document within the period applicable under that
2
section;
3
the Joint Authority must renew the exploration permit.
4
Note:
If the applicant does not make a request under section 224 within the
5
period applicable under that section, the application lapses at the end
6
of that period--see subsection 224(4).
7
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
Locations Division 6
Section 106
Offshore Petroleum Bill 2005 No. , 2005 109
1
Division 6--Locations
2
106 Simplified outline
3
The following is a simplified outline of this Division:
4
·
If a petroleum pool is identified in an exploration permit area,
5
the Designated Authority may declare a location over the
6
blocks to which the petroleum pool extends.
7
·
Generally, the blocks must be nominated for declaration by
8
the permittee.
9
·
The Designated Authority may require the permittee to
10
nominate the blocks.
11
·
The declaration may be revoked or varied in certain
12
circumstances.
13
107 Nomination of blocks as a location
14
Single petroleum pool
15
(1) If:
16
(a) a petroleum pool is identified in an exploration permit area;
17
and
18
(b) the permittee or another person has, whether in or outside the
19
permit area, recovered petroleum from the pool;
20
the permittee may nominate, for declaration as a location:
21
(c) if the pool extends to only one block in the permit area--that
22
block; or
23
(d) if the pool extends to 2 or more blocks in the permit area--
24
those blocks.
25
2 or more petroleum pools
26
(2) If:
27
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 6 Locations
Section 108
110 Offshore Petroleum Bill 2005 No. , 2005
(a) 2 or more petroleum pools are identified in an exploration
1
permit area; and
2
(b) the permittee or another person has, whether in or outside the
3
permit area, recovered petroleum from each of those pools;
4
the permittee may, instead of making a nomination under
5
subsection (1) in relation to each pool, nominate for declaration as
6
a single location:
7
(c) all of the blocks to which the pools extend; or
8
(d) all of the blocks to which any 2 or more of the pools extend.
9
(3) To be effective, a nomination under subsection (2) that relates to 2
10
or more pools must be such that, in the case of each of the pools, at
11
least one of the blocks to which the pool extends immediately
12
adjoins a block to which the other, or another, of those pools
13
extends.
14
(4) For the purposes of subsection (3), a block immediately adjoins
15
another block if the graticular section that constitutes or includes
16
that block and the graticular section that constitutes or includes that
17
other block:
18
(a) have a side in common; or
19
(b) are joined together at one point only.
20
Form of nomination
21
(5) A nomination under this section must be:
22
(a) in writing; and
23
(b) given to the Designated Authority.
24
108 Requirement to nominate blocks as a location
25
Requirement to nominate
26
(1) If:
27
(a) the Designated Authority is of the opinion that an exploration
28
permittee is entitled to nominate a block or blocks under
29
subsection 107(1) or (2); and
30
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
Locations Division 6
Section 109
Offshore Petroleum Bill 2005 No. , 2005 111
(b) the permittee has not done so;
1
the Designated Authority may, by written notice given to the
2
permittee, require the permittee to nominate the block or blocks
3
within:
4
(c) 90 days after the day on which the notice was given; or
5
(d) such longer period, not more than 180 days after the day on
6
which the notice was given, as the Designated Authority
7
allows.
8
(2) The Designated Authority may allow a longer period under
9
paragraph (1)(d) only on written application made by the permittee
10
within the period of 90 days mentioned in paragraph (1)(c).
11
Consequences of non-compliance
12
(3) If the permittee does not comply with the requirement, the
13
Designated Authority may, by written notice given to the
14
permittee, nominate the block or blocks for declaration as a
15
location.
16
109 Declaration of location
17
Nomination by permittee
18
(1) If:
19
(a) an exploration permittee has made a nomination under
20
section 107; and
21
(b) the Designated Authority is of the opinion that the permittee
22
is entitled under that section to nominate the block or blocks
23
specified in the nomination;
24
the Designated Authority must, by writing, declare the nominated
25
block or blocks to be a location.
26
(2) A copy of a declaration under subsection (1) must be published in
27
the Gazette.
28
(3) The Designated Authority may form an opinion for the purposes of
29
this section if the Designated Authority considers that there are
30
reasonable grounds for doing so having regard to any information
31
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 6 Locations
Section 110
112 Offshore Petroleum Bill 2005 No. , 2005
the Designated Authority has, whether given by the permittee or
1
otherwise.
2
Nomination by Designated Authority
3
(4) If the Designated Authority has made a nomination under
4
section 108, the Designated Authority must, by notice published in
5
the Gazette, declare the nominated block or blocks to be a location.
6
110 Revocation of declaration
7
Revocation at the request of an exploration permittee
8
(1) If:
9
(a) an exploration permit is in force over a block that constitutes,
10
or the blocks that constitute, a location; and
11
(b) the permittee requests the Designated Authority to revoke the
12
declaration of the location;
13
the Designated Authority may, by writing, revoke the declaration
14
of the location.
15
(2) A copy of a revocation under subsection (1) is to be published in
16
the Gazette.
17
Revocation where block is no longer the subject of an exploration
18
permit or a retention lease
19
(3) If:
20
(a) a block or blocks constituting or forming part of a location
21
was or were the subject of an exploration permit or a
22
retention lease; and
23
(b) that block is, or those blocks are, no longer the subject of the
24
permit or lease;
25
the Designated Authority must, by notice published in the Gazette:
26
(c) in a case where that block constitutes, or those blocks
27
constitute, that location--revoke the declaration of that
28
location; or
29
(d) in a case where that block forms, or those blocks form, part
30
of that location--revoke the declaration of that location to
31
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
Locations Division 6
Section 110
Offshore Petroleum Bill 2005 No. , 2005 113
the extent to which the declaration relates to that block or
1
those blocks.
2
(4) Subsection (3) does not apply in relation to a block if:
3
(a) a person has applied for the grant of a production licence
4
over the block, and the Joint Authority has not made a
5
decision in relation to the application; or
6
(b) a production licence is in force in relation to the block.
7
(5) Subsection (3) does not apply in relation to a block if:
8
(a) a person has applied for the grant of a retention lease over the
9
block, and the Joint Authority has not made a decision in
10
relation to the application; or
11
(b) a retention lease is in force in relation to the block.
12
Revocation if retention lease is granted
13
(6) If a retention lease is granted in relation to a block or blocks
14
forming part of a location, the Designated Authority must, by
15
notice published in the Gazette, revoke the declaration of the
16
location to the extent to which the declaration relates to the block
17
that is, or the blocks that are, not within the retention lease area.
18
Revocation if retention lease refused
19
(7) If:
20
(a) the Joint Authority refuses to grant a retention lease in
21
relation to a block or blocks constituting or forming part of a
22
location; and
23
(b) the reason, or one of the reasons, for the refusal is that the
24
Joint Authority is not satisfied as to the matter referred to in
25
subparagraph 118(b)(ii) (which deals with commercial
26
viability);
27
the Designated Authority must, by notice published in the Gazette,
28
revoke the declaration of that location.
29
Note:
If an exploration permit is in force over a block that constitutes a
30
location, the permittee's application for a retention lease over the
31
block is rejected as mentioned in subsection (7), and the permittee
32
wants to apply for a production licence, then the permittee must
33
re-nominate the block for declaration as a location before the
34
permittee applies for the production licence.
35
Chapter 2 Regulation of activities relating to petroleum
Part 2.2 Exploration permits
Division 6 Locations
Section 111
114 Offshore Petroleum Bill 2005 No. , 2005
Revocation if production licence granted
1
(8) If:
2
(a) an application for the grant of a production licence has been
3
made under:
4
(i) section 142 or 144; or
5
(ii) clause 2 or 4 of Schedule 4; and
6
(b) the application specifies 2 or more blocks; and
7
(c) a production licence is granted in respect of:
8
(i) only one of the blocks; or
9
(ii) some, but not all, of the blocks; and
10
(d) the remaining block or blocks form part of a location;
11
the Designated Authority must, by notice published in the Gazette,
12
revoke the declaration of the location to the extent to which the
13
declaration relates to the remaining block or blocks.
14
Note 1:
Section 142 and clause 2 of Schedule 4 deal with applications by
15
permittees.
16
Note 2:
Section 144 and clause 4 of Schedule 4 deal with applications by
17
lessees.
18
111 Variation of declaration
19
(1) If an exploration permit is in force over a block that constitutes, or
20
blocks that constitute, a location, the Designated Authority may, by
21
writing, vary the declaration of the location:
22
(a) by adding to the location a block:
23
(i) that is in the permit area; and
24
(ii) to which, in the opinion of the Designated Authority, a
25
petroleum pool within the location extends; or
26
(b) by deleting from the location a block to which, in the opinion
27
of the Designated Authority, no petroleum pool within the
28
location extends.
29
(2) A copy of a variation under subsection (1) is to be published in the
30
Gazette.
31
(3) The Designated Authority may vary a declaration only if:
32
(a) the permittee requests the variation; or
33
Regulation of activities relating to petroleum Chapter 2
Exploration permits Part 2.2
Locations Division 6
Section 111
Offshore Petroleum Bill 2005 No. , 2005 115
(b) all of the following conditions are satisfied:
1
(i) the Designated Authority gives the permittee written
2
notice of the proposed variation, identifying the block to
3
be added to, or deleted from, the location;
4
(ii) the notice invites the permittee to give the Designated
5
Authority a submission about the proposed variation;
6
(iii) the notice specifies a time limit for making the
7
submission;
8
(iv) the Designated Authority has considered any
9
submission made in accordance with the notice.
10
(4) The time limit must be at least 30 days after the notice is given.
11
(5) The Designated Authority may form an opinion for the purposes of
12
this section if the Designated Authority considers that there are
13
reasonable grounds for doing so having regard to any information
14
the Designated Authority has, whether given by the permittee or
15
otherwise.
16
Chapter 2 Regulation of activities relating to petroleum
Part 2.3 Retention leases
Division 1 General provisions
Section 112
116 Offshore Petroleum Bill 2005 No. , 2005
1
Part 2.3--Retention leases
2
Division 1--General provisions
3
112 Simplified outline
4
The following is a simplified outline of this Part:
5
·
This Part provides for the grant of retention leases over blocks
6
in an offshore area.
7
·
A retention lease authorises the lessee to explore for
8
petroleum in the lease area.
9
·
A retention lease over a block may be granted to:
10
(a)
the holder of an exploration permit over the block;
11
or
12
(b)
the holder of a life-of-field production licence over
13
the block.
14
·
The criteria for granting a retention lease over a block are:
15
(a)
the block contains petroleum; and
16
(b)
the recovery of petroleum is not currently
17
commercially viable, but is likely to become
18
commercially viable within 15 years.
19
113 Rights conferred by retention lease
20
(1) A retention lease authorises the lessee, in accordance with the
21
conditions (if any) to which the lease is subject:
22
(a) to explore for petroleum in the lease area; and
23
(b) to recover petroleum on an appraisal basis in the lease area;
24
and
25
Regulation of activities relating to petroleum Chapter 2
Retention leases Part 2.3
General provisions Division 1
Section 114
Offshore Petroleum Bill 2005 No. , 2005 117
(c) to carry on such operations, and execute such works, in the
1
lease area as are necessary for those purposes.
2
(2) The rights conferred on the lessee by subsection (1) are subject to
3
this Act and the regulations.
4
114 Conditions of retention leases
5
(1) The Joint Authority may grant a retention lease subject to whatever
6
conditions the Joint Authority thinks appropriate.
7
(2) The conditions (if any) must be specified in the lease.
8
Lease to which Royalty Act applies
9
(3) A retention lease to which the Royalty Act applies is subject to a
10
condition that the lessee will comply with the provisions of the
11
Royalty Act.
12
Note:
The Royalty Act applies to a small number of North West Shelf titles.
13
(4) Despite subsection (2), the condition mentioned in subsection (3)
14
does not need to be specified in the lease.
15
Re-evaluation of commercial viability
16
(5) A retention lease is subject to a condition that if the Designated
17
Authority gives the lessee a written notice requesting the lessee to:
18
(a) re-evaluate the commercial viability of petroleum production
19
in the lease area (otherwise than by the drilling of wells); and
20
(b) inform the Designated Authority in writing of the results of
21
the re-evaluation;
22
the lessee must comply with the request within:
23
(c) the period of 90 days after the notice is given; or
24
(d) such longer period as the Designated Authority allows.
25
(6) The Designated Authority may allow a longer period under
26
paragraph (5)(d) only on written application made by the lessee
27
within the period of 90 days mentioned in paragraph (5)(c).
28
Chapter 2 Regulation of activities relating to petroleum
Part 2.3 Retention leases
Division 1 General provisions
Section 115
118 Offshore Petroleum Bill 2005 No. , 2005
(7) If a retention lessee has complied with a subsection (5) request
1
during the term of the lease, the Designated Authority must not
2
give the lessee a further subsection (5) request during that term.
3
(8) Despite subsection (2), the condition mentioned in subsection (5)
4
does not need to be specified in the lease.
5
Work to be carried out by lessee
6
(9) Any or all of the following conditions may be specified in a
7
retention lease:
8
(a) conditions requiring the lessee to carry out work in, or in
9
relation to, the lease area;
10
(b) conditions about the amounts that the lessee must spend in
11
carrying out such work;
12
(c) conditions requiring the lessee to comply with directions that:
13
(i) relate to the matters covered by paragraphs (a) and (b);
14
(ii) are given in accordance with the lease.
15
(10) Subsection (9) does not limit subsection (1).
16
115 Duration of retention lease
17
(1) A retention lease remains in force for the period of 5 years
18
beginning on:
19
(a) the day on which the lease is granted; or
20
(b) if a later day is specified in the lease as the day on which the
21
lease is to come into force--that later day.
22
(2) Subsection (1) has effect subject to this Chapter.
23
Note 1:
For a special rule about the extension of the duration of a retention
24
lease if the lessee applies for a production licence, see section 116.
25
Note 2:
For a special rule about the extension of the duration of retention
26
leases pending decisions on renewal applications, see subsection
27
129(5).
28
Note 3:
For special rules about the duration of a retention lease once a
29
decision has been made refusing to renew the lease, see subsections
30
131(6) and (7).
31
Regulation of activities relating to petroleum Chapter 2
Retention leases Part 2.3
General provisions Division 1
Section 116
Offshore Petroleum Bill 2005 No. , 2005 119
Note 4:
For a special rule about the extension of the duration of a retention
1
lease following a suspension or exemption decision, see sections 228
2
and 230.
3
Note 5:
For the revocation of a retention lease, see section 160 and clause 8 of
4
Schedule 4.
5
Note 6:
For a special rule about when a retention lease ceases to be in force
6
following the grant of a production licence, see section 148.
7
Note 7:
For the surrender of a retention lease, see Part 2.12.
8
Note 8:
For the cancellation of a retention lease, see Part 2.13.
9
116 Extension of retention lease if lessee applies for production
10
licence
11
(1) If:
12
(a) a retention lease is in force over a block or blocks; and
13
(b) before the time when the lease would, apart from this
14
subsection, expire, the lessee applies to the Designated
15
Authority for the grant by the Joint Authority of a production
16
licence over the block or one or more of the blocks;
17
the table has effect:
18
19
Extension of lease
Item
In this case...
the lease continues in force over the
block or blocks covered by the
application until...
1
the Joint Authority gives the
lessee an offer document
relating to a production licence
over the block or one or more of
the blocks
the licence is granted, the lessee
withdraws the application or the
application lapses.
2
the Joint Authority decides not
to grant a production licence to
the lessee
notice of the decision is given to the
lessee.
(2) Subsection (1) has effect subject to this Chapter but despite
20
section 115.
21
Note:
See the notes at the end of section 115.
22
Chapter 2 Regulation of activities relating to petroleum
Part 2.3 Retention leases
Division 2 Obtaining a retention lease
Section 117
120 Offshore Petroleum Bill 2005 No. , 2005
1
Division 2--Obtaining a retention lease
2
Subdivision A--Application for retention lease by the holder of
3
an exploration permit
4
117 Application for retention lease by the holder of an exploration
5
permit
6
(1) If an exploration permit is in force over a block that constitutes, or
7
the blocks that constitute, a location, the permittee may, within the
8
application period, apply to the Designated Authority for the grant
9
by the Joint Authority of a retention lease over that block or over
10
one or more of those blocks.
11
Note:
For application period, see subsection (3).
12
(2) An application under this section must be accompanied by details
13
of:
14
(a) the applicant's proposals for work and expenditure in relation
15
to the area comprised in the block or blocks specified in the
16
application; and
17
(b) the current commercial viability of the recovery of petroleum
18
from that area; and
19
(c) the possible future commercial viability of the recovery of
20
petroleum from that area.
21
Note 1:
Part 2.10 contains additional provisions about application procedures.
22
Note 2:
Section 220 requires the application to be accompanied by an
23
application fee.
24
Note 3:
Section 222 enables the Designated Authority to require the applicant
25
to give further information.
26
Application period
27
(3) The application period for an application under this section is:
28
(a) the period of 2 years after the day (the declaration day) on
29
which the block that constitutes the location concerned was,
30
or the blocks that constitute the location concerned were,
31
declared to be a location; or
32
Regulation of activities relating to petroleum Chapter 2
Retention leases Part 2.3
Obtaining a retention lease Division 2
Section 118
Offshore Petroleum Bill 2005 No. , 2005 121
(b) such longer period, not more than 4 years after the
1
declaration day, as the Designated Authority allows.
2
(4) The Designated Authority may allow a longer period under
3
paragraph (3)(b) only on written application made by the lessee
4
within the period of 2 years mentioned in paragraph (3)(a).
5
118 Grant of retention lease--offer document
6
If:
7
(a) an application for a retention lease has been made under
8
section 117; and
9
(b) the Joint Authority is satisfied that:
10
(i) the area comprised in the block, or any one or more of
11
the blocks, specified in the application contains
12
petroleum; and
13
(ii) the recovery of petroleum from that area is not, at the
14
time of the application, commercially viable but is
15
likely to become commercially viable within 15 years
16
after that time;
17
the Joint Authority must give the applicant a written notice (called
18
an offer document) telling the applicant that the Joint Authority is
19
prepared to grant the applicant a retention lease over the block or
20
blocks as to which the Joint Authority is satisfied as mentioned in
21
paragraph (b).
22
Note 1:
Section 223 sets out additional requirements for offer documents (for
23
example, a requirement that an offer document must contain a
24
summary of conditions).
25
Note 2:
If the applicant breaches a requirement under section 222 to provide
26
further information, the Joint Authority may refuse to give the
27
applicant an offer document--see subsection 222(3).
28
119 Refusal to grant retention lease
29
(1) This section applies if an application for a retention lease has been
30
made under section 117.
31
(2) If the Joint Authority is not satisfied as to the matters referred to in
32
paragraph 118(b) in relation to the block, or all the blocks,
33
specified in the application, the Joint Authority must, by written
34
Chapter 2 Regulation of activities relating to petroleum
Part 2.3 Retention leases
Division 2 Obtaining a retention lease
Section 120
122 Offshore Petroleum Bill 2005 No. , 2005
notice given to the applicant, refuse to grant a retention lease to the
1
applicant.
2
(3) If:
3
(a) the application specifies 2 or more blocks; and
4
(b) the Joint Authority is not satisfied as to the matters referred
5
to in paragraph 118(b) in relation to:
6
(i) only one of the blocks; or
7
(ii) some, but not all, of the blocks;
8
the Joint Authority must, by written notice given to the applicant,
9
refuse to grant a retention lease to the applicant in relation to the
10
block or blocks as to which the Joint Authority is not satisfied as
11
mentioned in paragraph 118(b).
12
120 Grant of retention lease
13
If:
14
(a) an applicant has been given an offer document under
15
section 118; and
16
(b) the applicant has made a request under section 224 in relation
17
to the offer document within the period applicable under that
18
section;
19
the Joint Authority must grant the applicant a retention lease over
20
the block or blocks specified in the offer document.
21
Note:
If the applicant does not make a request under section 224 within the
22
period applicable under that section, the application lapses at the end
23
of that period--see subsection 224(4).
24
121 Exploration permit ceases to be in force when retention lease
25
comes into force
26
When a retention lease under section 120 comes into force in
27
relation to one or more blocks, an exploration permit ceases to be
28
in force to the extent to which it relates to those blocks.
29
Regulation of activities relating to petroleum Chapter 2
Retention leases Part 2.3
Obtaining a retention lease Division 2
Section 122
Offshore Petroleum Bill 2005 No. , 2005 123
122 Exploration permit transferred--transferee to be treated as
1
applicant
2
Scope
3
(1) This section applies if a transfer of an exploration permit is
4
registered under section 262:
5
(a) after an application has been made under section 117 for the
6
grant of a retention lease over a block or blocks in relation to
7
which the exploration permit is in force; and
8
(b) before any action has been taken by the Joint Authority under
9
section 118 or 119 in relation to the application.
10
Transferee to be treated as applicant
11
(2) After the transfer, sections 117 to 120 and Part 2.10 have effect in
12
relation to the application as if any reference in those sections to
13
the applicant were a reference to the transferee.
14
Subdivision B--Application for retention lease by the holder of
15
a life-of-field production licence
16
123 Application for retention lease by the holder of a life-of-field
17
production licence
18
(1) If:
19
(a) a life-of-field production licence is in force over a block or
20
blocks; and
21
(b) the following conditions are satisfied in relation to an area
22
(the unused area) that consists of the block or any or all of
23
the blocks:
24
(i) petroleum has been found to exist in the unused area;
25
(ii) no petroleum recovery operations are being carried on
26
under the licence in relation to the unused area;
27
the licensee may, within the application period, apply to the
28
Designated Authority for the grant by the Joint Authority of a
29
retention lease over the unused area.
30
Note:
For application period, see subsection (3).
31
Chapter 2 Regulation of activities relating to petroleum
Part 2.3 Retention leases
Division 2 Obtaining a retention lease
Section 124
124 Offshore Petroleum Bill 2005 No. , 2005
(2) An application under this section must be accompanied by details
1
of:
2
(a) the applicant's proposals for work and expenditure in relation
3
to the unused area; and
4
(b) the current commercial viability of the recovery of petroleum
5
from the unused area; and
6
(c) the possible future commercial viability of the recovery of
7
petroleum from the unused area.
8
Note 1:
Part 2.10 contains additional provisions about application procedures.
9
Note 2:
Section 220 requires the application to be accompanied by an
10
application fee.
11
Note 3:
Section 222 enables the Designated Authority to require the applicant
12
to give further information.
13
Application period
14
(3) The application period for an application under this section by a
15
production licensee is the period of 5 years that began on:
16
(a) the day on which the licence was granted; or
17
(b) if any petroleum recovery operations have been carried on
18
under the licence in relation to the unused area--the last day
19
on which any such operations were so carried on.
20
124 Grant of retention lease--offer document
21
If:
22
(a) an application for a retention lease has been made under
23
section 123; and
24
(b) the Joint Authority is satisfied that recovery of petroleum
25
from the unused area:
26
(i) is not, at the time of the application, commercially
27
viable; and
28
(ii) is likely to become commercially viable within the
29
period of 15 years after that time;
30
the Joint Authority must give the applicant a written notice (called
31
an offer document) telling the applicant that the Joint Authority is
32
prepared to grant the applicant a retention lease over the unused
33
area.
34
Regulation of activities relating to petroleum Chapter 2
Retention leases Part 2.3
Obtaining a retention lease Division 2
Section 125
Offshore Petroleum Bill 2005 No. , 2005 125
Note 1:
Section 223 sets out additional requirements for offer documents (for
1
example, a requirement that an offer document must contain a
2
summary of conditions).
3
Note 2:
If the applicant breaches a requirement under section 222 to provide
4
further information, the Joint Authority may refuse to give the
5
applicant an offer document--see subsection 222(3).
6
125 Refusal to grant retention lease
7
If:
8
(a) an application for a retention lease has been made under
9
section 123; and
10
(b) the Joint Authority is not satisfied as to the matters referred
11
to in paragraph 124(b) in relation to the unused area;
12
the Joint Authority must, by written notice given to the applicant,
13
refuse to grant a retention lease to the applicant.
14
Note:
Consultation procedures apply--see section 226.
15
126 Grant of retention lease
16
If:
17
(a) an applicant has been given an offer document under
18
section 124; and
19
(b) the applicant has made a request under section 224 in relation
20
to the offer document within the period applicable under that
21
section;
22
the Joint Authority must grant the applicant a retention lease over
23
the unused area.
24
Note:
If the applicant does not make a request under section 224 within the
25
period applicable under that section, the application lapses at the end
26
of that period--see subsection 224(4).
27
127 Production licence ceases to be in force when retention lease
28
comes into force
29
When a retention lease under section 126 comes into force in
30
relation to one or more blocks, a production licence ceases to be in
31
force to the extent to which it relates to those blocks.
32
Chapter 2 Regulation of activities relating to petroleum
Part 2.3 Retention leases
Division 2 Obtaining a retention lease
Section 128
126 Offshore Petroleum Bill 2005 No. , 2005
128 Production licence transferred--transferee to be treated as
1
applicant
2
Scope
3
(1) This section applies if a transfer of a production licence is
4
registered under section 262:
5
(a) after an application has been made under section 123 for the
6
grant of a retention lease over a block or blocks in relation to
7
which the production licence is in force; and
8
(b) before any action has been taken by the Joint Authority under
9
section 124 or 125 in relation to the application.
10
Transferee to be treated as applicant
11
(2) After the transfer, sections 123 to 126 and Part 2.10 have effect in
12
relation to the application as if any reference in those sections to
13
the applicant were a reference to the transferee.
14
Regulation of activities relating to petroleum Chapter 2
Retention leases Part 2.3
Renewal of retention leases Division 3
Section 129
Offshore Petroleum Bill 2005 No. , 2005 127
1
Division 3--Renewal of retention leases
2
129 Application for renewal of retention lease
3
Application for renewal
4
(1) A retention lessee may apply to the Designated Authority for the
5
renewal by the Joint Authority of the lease.
6
(2) An application to renew a retention lease must be made:
7
(a) not more than 12 months before the expiry date of the lease;
8
and
9
(b) at least 180 days before the expiry date of the lease.
10
(3) Despite subsection (2), the Designated Authority may accept an
11
application to renew a retention lease if the application is made:
12
(a) later than 180 days before the expiry date of the lease; and
13
(b) before the expiry date of the lease.
14
(4) An application to renew a retention lease must be accompanied by
15
details of:
16
(a) the lessee's proposals for work and expenditure in relation to
17
the lease area; and
18
(b) the current commercial viability of recovery of petroleum
19
from the lease area; and
20
(c) the possible future commercial viability of recovery of
21
petroleum from the lease area.
22
Note 1:
Part 2.10 contains additional provisions about application procedures.
23
Note 2:
Section 220 requires the application to be accompanied by an
24
application fee.
25
Note 3:
Section 222 enables the Designated Authority to require the applicant
26
to give further information.
27
Extension of duration of retention lease pending decision on
28
application
29
(5) If:
30
Chapter 2 Regulation of activities relating to petroleum
Part 2.3 Retention leases
Division 3 Renewal of retention leases
Section 130
128 Offshore Petroleum Bill 2005 No. , 2005
(a) a retention lessee makes an application to renew the lease;
1
and
2
(b) the lease would, apart from this subsection, expire:
3
(i) before the Joint Authority grants, or refuses to grant, the
4
renewal of the lease; or
5
(ii) before the application lapses as provided by section 224;
6
the lease continues in force:
7
(c) until the Joint Authority grants, or refuses to grant, the
8
renewal of the lease; or
9
(d) until the application so lapses;
10
whichever happens first.
11
(6) Subsection (5) has effect subject to this Chapter but despite
12
section 115.
13
Note:
See the notes at the end of section 115.
14
130 Renewal of retention lease--offer document
15
Scope
16
(1) This section applies if an application to renew a retention lease has
17
been made under section 129.
18
Offer document--compliance with conditions etc.
19
(2) If:
20
(a) each of the following has been complied with:
21
(i) the conditions to which the retention lease is, or has
22
from time to time been, subject;
23
(ii) the provisions of this Chapter, Chapter 3, Chapter 4 and
24
Part 5.1;
25
(iii) the regulations; and
26
(b) the Joint Authority is satisfied that recovery of petroleum
27
from the lease area:
28
(i) is not, at the time of the application, commercially
29
viable; and
30
Regulation of activities relating to petroleum Chapter 2
Retention leases Part 2.3
Renewal of retention leases Division 3
Section 130
Offshore Petroleum Bill 2005 No. , 2005 129
(ii) is likely to become commercially viable within the
1
period of 15 years after that time;
2
the Joint Authority must give the applicant a written notice (called
3
an offer document) telling the applicant that the Joint Authority is
4
prepared to renew the lease.
5
Note:
Section 223 sets out additional requirements for offer documents (for
6
example, a requirement that an offer document must contain a
7
summary of conditions).
8
Offer document--non-compliance with conditions etc.
9
(3) If:
10
(a) any of:
11
(i) the conditions to which the retention lease is, or has
12
from time to time been, subject; or
13
(ii) the provisions of this Chapter, Chapter 3, Chapter 4 and
14
Part 5.1; or
15
(iii) the provisions of the regulations;
16
have not been complied with; and
17
(b) the Joint Authority is satisfied that there are sufficient
18
grounds to warrant the granting of the renewal of the
19
retention lease; and
20
(c) the Joint Authority is satisfied that recovery of petroleum
21
from the lease area:
22
(i) is not, at the time of the application, commercially
23
viable; and
24
(ii) is likely to become commercially viable within the
25
period of 15 years after that time;
26
the Joint Authority may give the applicant a written notice (called
27
an offer document) telling the applicant that the Joint Authority is
28
prepared to renew the lease.
29
Note:
Section 223 sets out additional requirements for offer documents (for
30
example, a requirement that an offer document must contain a
31
summary of conditions).
32
Chapter 2 Regulation of activities relating to petroleum
Part 2.3 Retention leases
Division 3 Renewal of retention leases
Section 131
130 Offshore Petroleum Bill 2005 No. , 2005
131 Refusal to renew retention lease
1
Scope
2
(1) This section applies if an application to renew a retention lease has
3
been made under section 129.
4
Refusal on grounds of non-compliance with conditions
5
(2) If:
6
(a) any of:
7
(i) the conditions to which the retention lease is, or has
8
from time to time been, subject; or
9
(ii) the provisions of this Chapter, Chapter 3, Chapter 4 and
10
Part 5.1; or
11
(iii) the provisions of the regulations;
12
have not been complied with; and
13
(b) the Joint Authority is not satisfied that there are sufficient
14
grounds to warrant the granting of the renewal of the
15
retention lease;
16
the Joint Authority must, by written notice given to the applicant,
17
refuse to renew the lease.
18
Note:
Consultation procedures apply--see section 226.
19
Refusal on grounds of commercial viability
20
(3) If the Joint Authority is satisfied that recovery of petroleum from
21
the lease area is, at the time of the application, commercially
22
viable, the Joint Authority must, by written notice given to the
23
applicant, refuse to renew the lease.
24
Note:
Consultation procedures apply--see section 226.
25
(4) If the Joint Authority is satisfied that recovery of petroleum from
26
the lease area is unlikely to become commercially viable within the
27
period of 15 years after the time of the application, the Joint
28
Authority must, by written notice given to the applicant, refuse to
29
renew the lease.
30
Note:
Consultation procedures apply--see section 226.
31
Regulation of activities relating to petroleum Chapter 2
Retention leases Part 2.3
Renewal of retention leases Division 3
Section 131
Offshore Petroleum Bill 2005 No. , 2005 131
Application for production licence within 12 months after refusal
1
(5) A notice of refusal under subsection (3) must contain a statement
2
to the effect that the lessee may, within 12 months after the notice
3
was given, apply for a production licence over one or more of the
4
blocks comprised in the lease.
5
(6) If:
6
(a) the Joint Authority makes a decision under subsection (3)
7
refusing to renew the lease; and
8
(b) a notice of refusal is given to the applicant; and
9
(c) within 12 months after the notice was given, the lessee
10
applies for a production licence over one or more of the
11
blocks comprised in the lease; and
12
(d) the lease would, apart from this subsection, expire:
13
(i) before the Joint Authority grants, or refuses to grant, the
14
production licence; or
15
(ii) before the application lapses;
16
the lease continues in force until:
17
(e) the Joint Authority grants, or refuses to grant, the production
18
licence; or
19
(f) the application lapses;
20
whichever happens first.
21
(7) If:
22
(a) the Joint Authority makes a decision under subsection (3)
23
refusing to renew the lease; and
24
(b) a notice of refusal is given to the applicant; and
25
(c) subsection (6) does not apply; and
26
(d) the lease would, apart from this subsection, expire within 12
27
months after the notice was given;
28
the lease continues in force until the end of the 12-month period
29
beginning on the day on which the notice was given.
30
(8) Subsections (6) and (7) have effect subject to this Chapter but
31
despite section 115.
32
Note:
See the notes at the end of section 115.
33
Chapter 2 Regulation of activities relating to petroleum
Part 2.3 Retention leases
Division 3 Renewal of retention leases
Section 132
132 Offshore Petroleum Bill 2005 No. , 2005
132 Renewal of retention lease
1
If:
2
(a) an applicant has been given an offer document under
3
section 130; and
4
(b) the applicant has made a request under section 224 in relation
5
to the offer document within the period applicable under that
6
section;
7
the Joint Authority must renew the retention lease.
8
Note:
If the applicant does not make a request under section 224 within the
9
period applicable under that section, the application lapses at the end
10
of that period--see subsection 224(4).
11
Regulation of activities relating to petroleum Chapter 2
Retention leases Part 2.3
Revocation of retention leases Division 4
Section 133
Offshore Petroleum Bill 2005 No. , 2005 133
1
Division 4--Revocation of retention leases
2
133 Notice of proposal to revoke retention lease
3
Scope
4
(1) This section applies if:
5
(a) a retention lessee has been given a notice under subsection
6
114(5) during the term of the lease; and
7
(b) the lessee has carried out, and has informed the Designated
8
Authority of the results of, the re-evaluation required by the
9
notice; and
10
(c) the lessee has not made an application to renew the lease; and
11
(d) after consideration of:
12
(i) the results of the re-evaluation referred to in
13
paragraph (b); and
14
(ii) such other matters as the Joint Authority thinks fit;
15
the Joint Authority is of the opinion that recovery of
16
petroleum from the lease area is commercially viable.
17
Note:
Subsection 114(5) deals with re-evaluation of the commercial viability
18
of petroleum production in the lease area.
19
Notice of proposal to revoke lease
20
(2) The Joint Authority may give the lessee, and such other persons (if
21
any) as the Joint Authority thinks appropriate, a written notice:
22
(a) telling the recipient of the notice that the Joint Authority:
23
(i) has formed the opinion that recovery of petroleum from
24
the lease area is commercially viable; and
25
(ii) proposes to revoke the lease; and
26
(b) inviting the recipient of the notice to make a written
27
submission to the Joint Authority about the proposal to
28
revoke the lease; and
29
(c) specifying a time limit for making that submission.
30
Note:
All communications to the Joint Authority are to be made through the
31
Designated Authority--see section 45.
32
Chapter 2 Regulation of activities relating to petroleum
Part 2.3 Retention leases
Division 4 Revocation of retention leases
Section 134
134 Offshore Petroleum Bill 2005 No. , 2005
(3) The time limit must be at least 30 days after the notice is given.
1
134 Revocation of retention lease
2
(1) If:
3
(a) a notice under subsection 133(2) is given to:
4
(i) the lessee of a retention lease; or
5
(ii) the lessee of a retention lease and one or more other
6
persons; and
7
(b) either:
8
(i) the lessee does not make a submission in accordance
9
with the notice; or
10
(ii) the Joint Authority, after consideration of any
11
submissions made in accordance with the notice,
12
determines that the lease should be revoked;
13
the Joint Authority must, by written notice given to the lessee,
14
revoke the lease.
15
When revocation takes effect
16
(2) If:
17
(a) a retention lease is revoked under subsection (1); and
18
(b) the lessee applies for a production licence in relation to one
19
or more of the blocks comprised in the lease within the
20
period of 12 months beginning on the day on which the
21
notice of revocation was given;
22
the revocation of the lease takes effect:
23
(c) when the Joint Authority grants, or refuses to grant, the
24
production licence; or
25
(d) when the application lapses;
26
whichever happens first.
27
(3) If:
28
(a) a retention lease is revoked under subsection (1); and
29
(b) the lessee does not apply for a production licence in relation
30
to one or more of the blocks comprised in the lease within the
31
period of 12 months beginning on the day on which the
32
notice of revocation was given;
33
Regulation of activities relating to petroleum Chapter 2
Retention leases Part 2.3
Revocation of retention leases Division 4
Section 134
Offshore Petroleum Bill 2005 No. , 2005 135
the revocation of the lease takes effect at the end of that 12-month
1
period.
2
(4) If a retention lease is revoked under subsection (1), the lease
3
continues in force until the revocation takes effect in accordance
4
with subsection (2) or (3).
5
Chapter 2 Regulation of activities relating to petroleum
Part 2.4 Production licences
Division 1 General provisions
Section 135
136 Offshore Petroleum Bill 2005 No. , 2005
1
Part 2.4--Production licences
2
Division 1--General provisions
3
135 Simplified outline
4
The following is a simplified outline of this Part:
5
·
It is an offence to recover petroleum in an offshore area
6
except:
7
(a)
under a production licence; or
8
(b)
as otherwise authorised or required by or under this
9
Act.
10
·
This Part provides for the grant of production licences over
11
blocks in an offshore area.
12
·
A production licence authorises the licensee to carry out
13
petroleum recovery operations in the licence area.
14
·
There are 3 ways in which a production licence can be
15
granted:
16
(a)
grant of a production licence as a result of an
17
application made by an exploration permittee or a
18
retention lessee;
19
(b)
grant of a production licence over a surrendered
20
block or a similar block;
21
(c)
grant of a production licence over an individual
22
block in exchange for another licence that was in
23
force over the same block.
24
Regulation of activities relating to petroleum Chapter 2
Production licences Part 2.4
General provisions Division 1
Section 136
Offshore Petroleum Bill 2005 No. , 2005 137
136 Prohibition of unauthorised recovery of petroleum in offshore
1
area
2
(1) A person commits an offence if:
3
(a) the person carries on petroleum recovery operations; and
4
(b) the operations are carried on in an offshore area.
5
Penalty: Imprisonment for 5 years.
6
(2) Subsection (1) does not apply if the operations are:
7
(a) authorised by a production licence; or
8
(b) otherwise authorised or required by or under this Act.
9
Note:
The defendant bears an evidential burden in relation to the matter in
10
subsection (2)--see subsection 13.3(3) of the Criminal Code.
11
137 Rights conferred by production licence
12
(1) A production licence authorises the licensee, in accordance with
13
the conditions (if any) to which the licence is subject:
14
(a) to recover petroleum in the licence area; and
15
(b) to recover petroleum from the licence area in another area to
16
which the licensee has lawful access for that purpose; and
17
(c) to explore for petroleum in the licence area; and
18
(d) to carry on such operations, and execute such works, in the
19
licence area as are necessary for those purposes.
20
(2) The rights conferred on the licensee by subsection (1) are subject
21
to this Act and the regulations.
22
138 Conditions of production licences
23
(1) The Joint Authority may grant a production licence subject to
24
whatever conditions the Joint Authority thinks appropriate.
25
Note:
A grant of a licence may be a grant by way of renewal--see
26
section 10.
27
(2) The conditions (if any) must be specified in the licence.
28
Chapter 2 Regulation of activities relating to petroleum
Part 2.4 Production licences
Division 1 General provisions
Section 138
138 Offshore Petroleum Bill 2005 No. , 2005
Production licence to which the Royalty Act applies
1
(3) A production licence to which the Royalty Act applies is subject to
2
a condition that the licensee will comply with the provisions of the
3
Royalty Act.
4
Note:
The Royalty Act applies to a small number of North West Shelf titles.
5
(4) Despite subsection (2), the condition mentioned in subsection (3)
6
does not need to be specified in the licence.
7
General condition
8
(5) A production licence may be granted subject to a general condition
9
requiring the licensee to:
10
(a) explore for petroleum in the licence area with a view to
11
determining whether there is any additional recoverable
12
petroleum in the licence area; and
13
(b) recover such petroleum if it is commercially viable to do so.
14
(6) Subsection (5) does not limit subsection (1).
15
Specific conditions
16
(7) Despite subsection (1), a production licence must not be granted
17
subject to specific conditions requiring the licensee to:
18
(a) make a well in the licence area; or
19
(b) carry out a seismic survey, or any other kind of survey, in, or
20
in relation to, the licence area; or
21
(c) spend particular amounts on the carrying out of work in, or in
22
relation to, the licence area.
23
(8) To avoid doubt, a condition covered by subsection (5) does not
24
breach subsection (7).
25
Renewal conditions
26
(9) In making a decision about the conditions to which a production
27
licence granted on renewal will be subject, the Joint Authority
28
must have regard to:
29
(a) the investment of the licensee, or of any former licensee,
30
during the term of:
31
Regulation of activities relating to petroleum Chapter 2
Production licences Part 2.4
General provisions Division 1
Section 139
Offshore Petroleum Bill 2005 No. , 2005 139
(i) the original production licence; or
1
(ii) any production licence granted on a previous renewal;
2
where the investment relates to:
3
(iii) operations authorised by the licence concerned; or
4
(iv) any other development connected with those operations;
5
and
6
(b) such other matters (if any) as the Joint Authority considers
7
relevant.
8
139 Duration of production licence
9
(1) The duration of a production licence is worked out using the table:
10
11
Chapter 2 Regulation of activities relating to petroleum
Part 2.4 Production licences
Division 1 General provisions
Section 139
140 Offshore Petroleum Bill 2005 No. , 2005
Duration of production licences
Item
This kind of production licence...
remains in force...
1
an original production licence
granted on or after 30 July 1998
indefinitely.
2
an original production licence
granted before 30 July 1998
for the period of 21 years beginning
on:
(a) the day on which the licence is
granted; or
(b) if a later day is specified in the
licence as the day on which the
licence is to come into force--
that later day.
3
a production licence granted by way
of the first renewal of a production
licence, where the original
production licence was granted
before 30 July 1998
for the period of 21 years beginning
on:
(a) the day on which the licence is
granted; or
(b) if a later day is specified in the
licence as the day on which the
licence is to come into force--
that later day.
4
a production licence granted by way
of the second renewal of a
production licence, where the
original production licence was
granted before 30 July 1998
indefinitely.
(2) Subsection (1) has effect subject to this Chapter.
1
(3) A production licence covered by item 1 or 4 of the table in
2
subsection (1) is called a life-of-field production licence.
3
(4) A production licence covered by item 2 or 3 of the table in
4
subsection (1) is called a fixed-term production licence.
5
Note 1:
For a special rule about the extension of the duration of licences
6
pending decisions on renewal applications, see subsection 156(6).
7
Note 2:
For special rules about the duration of licences granted over individual
8
blocks, see subsections 155(3) and (4).
9
Note 3:
For the revocation of an initial production licence mentioned in
10
section 154, see subsection 155(7).
11
Regulation of activities relating to petroleum Chapter 2
Production licences Part 2.4
General provisions Division 1
Section 140
Offshore Petroleum Bill 2005 No. , 2005 141
Note 4:
For a special rule about when a production licence ceases to be in
1
force following the grant of a retention lease, see section 127.
2
Note 5:
For the surrender of a production licence, see Part 2.12.
3
Note 6:
For the cancellation of a production licence, see Part 2.13.
4
Note 7:
For the termination of a life-of-field production licence if there have
5
been no recovery operations for 5 years, see section 140.
6
Note 8:
See also section 249 (compensation for acquisition of property).
7
140 Termination of life-of-field production licence if no recovery
8
operations for 5 years
9
Termination of licence
10
(1) If:
11
(a) a production licence is a life-of-field production licence; and
12
(b) no petroleum recovery operations under the licence have
13
been carried on at any time during a continuous period of at
14
least 5 years;
15
the Joint Authority may, by written notice given to the licensee, tell
16
the licensee that the Joint Authority proposes to terminate the
17
licence after the end of 30 days after the notice is given.
18
(2) At any time after the end of 30 days after the notice is given to the
19
licensee, the Joint Authority may, by written notice given to the
20
licensee, terminate the licence.
21
Note:
For remedial directions following termination, see section 312.
22
(3) In working out, for the purposes of subsection (1), the period in
23
which no petroleum recovery operations were carried on under a
24
licence, disregard any period in which no such operations were
25
carried on because of circumstances beyond the licensee's control.
26
(4) For the purposes of subsection (3), the depletion of recoverable
27
petroleum is not a circumstance beyond the licensee's control.
28
Note:
See also section 249 (compensation for acquisition of property).
29
Chapter 2 Regulation of activities relating to petroleum
Part 2.4 Production licences
Division 1 General provisions
Section 141
142 Offshore Petroleum Bill 2005 No. , 2005
Consultation
1
(5) The Joint Authority may give a copy of a notice under
2
subsection (1) to such other persons (if any) as the Joint Authority
3
thinks fit.
4
(6) A notice under subsection (1) must:
5
(a) invite a person to whom the notice, or a copy of the notice,
6
has been given to make a written submission to the Joint
7
Authority about the proposal to terminate the licence; and
8
(b) specify a time limit for making that submission.
9
Note:
All communications to the Joint Authority are to be made through the
10
Designated Authority--see section 45.
11
(7) In deciding whether to terminate the licence, the Joint Authority
12
must take into account any submissions made in accordance with
13
the notice.
14
141 Production licences to which the Royalty Act applies
15
(1) Schedule 4 has effect.
16
(2) A reference in this Act to this Chapter includes a reference to
17
Schedule 4.
18
Regulation of activities relating to petroleum Chapter 2
Production licences Part 2.4
Obtaining a production licence as a result of an application made by an exploration
permittee or a retention lessee Division 2
Section 142
Offshore Petroleum Bill 2005 No. , 2005 143
1
Division 2--Obtaining a production licence as a result of
2
an application made by an exploration permittee
3
or a retention lessee
4
142 Application for production licence by permittee
5
Scope
6
(1) This section applies to an exploration permit if the Royalty Act
7
does not apply to the permit.
8
Note:
Schedule 4 deals with applications for production licences by the
9
holders of exploration permits to which the Royalty Act applies.
10
Application
11
(2) If an exploration permit is in force over a block that constitutes, or
12
the blocks that constitute, a location, the permittee may, within the
13
application period, apply to the Designated Authority for the grant
14
by the Joint Authority of a production licence over that block or
15
over one or more of those blocks.
16
Note:
For application period, see section 143.
17
Variation of application
18
(3) At any time before an offer document relating to the application is
19
given to the applicant, the applicant may, by written notice given to
20
the Designated Authority, vary the number of blocks specified in
21
the application.
22
(4) A variation of an application must be made in an approved manner.
23
(5) A variation of an application may set out any additional matters
24
that the applicant wishes to be considered.
25
Proposals for work and expenditure
26
(6) An application, or a variation of an application, under this section
27
must be accompanied by details of the applicant's proposals for
28
Chapter 2 Regulation of activities relating to petroleum
Part 2.4 Production licences
Division 2 Obtaining a production licence as a result of an application made by an
exploration permittee or a retention lessee
Section 143
144 Offshore Petroleum Bill 2005 No. , 2005
work and expenditure in relation to the area comprised in the block
1
or blocks covered by the varied application.
2
Note 1:
Part 2.10 contains additional provisions about application procedures.
3
Note 2:
Section 220 requires the application to be accompanied by an
4
application fee.
5
Note 3:
Section 222 enables the Designated Authority to require the applicant
6
to give further information.
7
143 Application period
8
(1) The application period for an application under section 142 is:
9
(a) the period of 2 years after the day (the declaration day) on
10
which the block that constitutes the location concerned was,
11
or the blocks that constitute the location concerned were,
12
declared to be a location; or
13
(b) such longer period, not more than 4 years after the
14
declaration day, as the Designated Authority allows.
15
(2) The Designated Authority may allow a longer period under
16
paragraph (1)(b) only on written application made by the permittee
17
within the period of 2 years mentioned in paragraph (1)(a).
18
(3) Despite subsection (1), if:
19
(a) an exploration permittee has applied for a retention lease
20
under section 117 over a block or blocks; and
21
(b) a notice refusing to grant the retention lease has been given
22
to the permittee under section 119;
23
the application period for an application made by the permittee
24
under section 142 for the grant of a production licence over the
25
block or blocks is whichever of the following periods ends last:
26
(c) the period that is applicable under subsection (1);
27
(d) the period of 12 months after the day on which the notice was
28
given.
29
Note:
A failure to make an application within the application period results
30
in revocation of the exploration permit to the extent to which it relates
31
to the block concerned--see section 160.
32
Regulation of activities relating to petroleum Chapter 2
Production licences Part 2.4
Obtaining a production licence as a result of an application made by an exploration
permittee or a retention lessee Division 2
Section 144
Offshore Petroleum Bill 2005 No. , 2005 145
144 Application for production licence by lessee
1
Scope
2
(1) This section applies to a retention lease if the Royalty Act does not
3
apply to the lease.
4
Note:
Schedule 4 deals with applications for production licences by the
5
holders of retention leases to which the Royalty Act applies.
6
Application for production licence
7
(2) If a retention lease is in force over a block or blocks, the lessee
8
may apply to the Designated Authority for the grant by the Joint
9
Authority of a production licence over that block or over one or
10
more of those blocks.
11
Proposals for work and expenditure
12
(3) An application under this section must be accompanied by details
13
of the applicant's proposals for work and expenditure in relation to
14
the area comprised in the block or blocks specified in the
15
application.
16
Note 1:
Part 2.10 contains additional provisions about application procedures.
17
Note 2:
Section 220 requires the application to be accompanied by an
18
application fee.
19
Note 3:
Section 222 enables the Designated Authority to require the applicant
20
to give further information.
21
145 Offer document
22
If:
23
(a) an application for the grant of a production licence has been
24
made under:
25
(i) section 142 or 144; or
26
(ii) clause 2 or 4 of Schedule 4; and
27
(b) the Joint Authority is satisfied that the area comprised in the
28
block, or any one or more of the blocks, specified in the
29
application contains petroleum;
30
the Joint Authority must give the applicant a written notice (called
31
an offer document) telling the applicant that the Joint Authority is
32
Chapter 2 Regulation of activities relating to petroleum
Part 2.4 Production licences
Division 2 Obtaining a production licence as a result of an application made by an
exploration permittee or a retention lessee
Section 146
146 Offshore Petroleum Bill 2005 No. , 2005
prepared to grant the applicant a production licence over the block
1
or blocks as to which the Joint Authority is so satisfied.
2
Note 1:
Section 142 and clause 2 of Schedule 4 deal with applications by
3
permittees.
4
Note 2:
Section 144 and clause 4 of Schedule 4 deal with applications by
5
lessees.
6
Note 3:
Section 223 sets out additional requirements for offer documents (for
7
example, a requirement that an offer document must contain a
8
summary of conditions).
9
Note 4:
If the applicant breaches a requirement under section 222 to provide
10
further information, the Joint Authority may refuse to give the
11
applicant an offer document--see subsection 222(3).
12
146 Refusal to grant production licence
13
Scope
14
(1) This section applies if an application for the grant of a production
15
licence has been made under:
16
(a) section 142 or 144; or
17
(b) clause 2 or 4 of Schedule 4.
18
Note 1:
Section 142 and clause 2 of Schedule 4 deal with applications by
19
permittees.
20
Note 2:
Section 144 and clause 4 of Schedule 4 deal with applications by
21
lessees.
22
No block contains petroleum
23
(2) If:
24
(a) the application specifies one block; and
25
(b) the Joint Authority is not satisfied that the block contains
26
petroleum;
27
the Joint Authority must, by written notice given to the applicant,
28
refuse to grant a production licence to the applicant.
29
(3) If:
30
(a) the application specifies 2 or more blocks; and
31
(b) the Joint Authority is not satisfied that any of the blocks
32
contains petroleum;
33
Regulation of activities relating to petroleum Chapter 2
Production licences Part 2.4
Obtaining a production licence as a result of an application made by an exploration
permittee or a retention lessee Division 2
Section 147
Offshore Petroleum Bill 2005 No. , 2005 147
the Joint Authority must, by written notice given to the applicant,
1
refuse to grant a production licence to the applicant.
2
Some, but not all, blocks contain petroleum
3
(4) If:
4
(a) the application specifies 2 or more blocks; and
5
(b) the Joint Authority is satisfied that:
6
(i) only one of the blocks contains petroleum; or
7
(ii) some, but not all, of the blocks contain petroleum;
8
the Joint Authority must, by written notice given to the applicant,
9
refuse to grant a production licence to the applicant in relation to
10
the remaining block or blocks.
11
Note:
The exploration permit or retention lease remains in force in relation
12
to the remaining block or blocks.
13
Reasons for refusal
14
(5) A notice under this section must set out the reasons for the Joint
15
Authority's refusal.
16
147 Grant of production licence
17
If:
18
(a) an applicant has been given an offer document under
19
section 145; and
20
(b) the applicant has made a request under section 224 in relation
21
to the offer document within the period applicable under that
22
section;
23
the Joint Authority must grant the applicant a production licence
24
over the block or blocks as to which the Joint Authority is satisfied
25
as mentioned in section 145.
26
Note 1:
If the applicant does not make a request under section 224 within the
27
period applicable under that section, the application lapses at the end
28
of that period--see subsection 224(4).
29
Note 2:
If an application made by an exploration permittee in relation to a
30
block lapses, the exploration permit is revoked to the extent to which
31
it relates to that block--see section 160 or clause 8 of Schedule 4.
32
Chapter 2 Regulation of activities relating to petroleum
Part 2.4 Production licences
Division 2 Obtaining a production licence as a result of an application made by an
exploration permittee or a retention lessee
Section 148
148 Offshore Petroleum Bill 2005 No. , 2005
Note 3:
If an application made by a retention lessee in relation to a block
1
lapses, the retention lease is revoked to the extent to which it relates to
2
that block--see section 160 or clause 8 of Schedule 4.
3
148 Exploration permit or retention lease ceases to be in force when
4
production licence comes into force
5
When a production licence under section 147 comes into force in
6
relation to one or more blocks, an exploration permit or retention
7
lease ceases to be in force to the extent to which it relates to those
8
blocks.
9
149 Exploration permit or retention lease transferred--transferee to
10
be treated as applicant
11
Scope
12
(1) This section applies if a transfer of an exploration permit or
13
retention lease is registered under section 262:
14
(a) after an application has been made:
15
(i) under section 142 or clause 2 of Schedule 4 for the grant
16
of a production licence over a block in relation to which
17
the exploration permit is in force; or
18
(ii) under section 144 or clause 4 of Schedule 4 for the grant
19
of a production licence over a block in relation to which
20
the retention lease is in force; and
21
(b) before any action has been taken by the Joint Authority under
22
section 145 or 146 in relation to the application.
23
Transferee to be treated as applicant
24
(2) After the transfer:
25
(a) in the case of an application under section 142--that section
26
has effect in relation to the application as if any reference in
27
subsection (3) of that section to the applicant were a
28
reference to the transferee; and
29
(b) if the Royalty Act applies to the permit or lease--subsection
30
6(2) of the Royalty Act has effect in relation to the
31
application as if any reference in that subsection to a person
32
Regulation of activities relating to petroleum Chapter 2
Production licences Part 2.4
Obtaining a production licence as a result of an application made by an exploration
permittee or a retention lessee Division 2
Section 149
Offshore Petroleum Bill 2005 No. , 2005 149
who has applied or applies for such a production licence were
1
a reference to the transferee; and
2
(c) in all cases--sections 145 and 147 and Part 2.10 of this Act
3
have effect in relation to the application as if any reference in
4
those sections and that Part to the applicant were a reference
5
to the transferee.
6
Chapter 2 Regulation of activities relating to petroleum
Part 2.4 Production licences
Division 3 Obtaining a cash-bid production licence over a surrendered block or similar
block
Section 150
150 Offshore Petroleum Bill 2005 No. , 2005
1
Division 3--Obtaining a cash-bid production licence over a
2
surrendered block or similar block
3
150 Application for cash-bid production licence over surrendered
4
blocks or similar blocks
5
Invitation to apply for a cash-bid production licence
6
(1) If:
7
(a) a production licence is surrendered or cancelled to the extent
8
to which it relates to a block; or
9
(b) a production licence is terminated to the extent to which it
10
relates to a block; or
11
(c) an exploration permit or retention lease is surrendered,
12
cancelled or revoked to the extent to which it relates to a
13
block:
14
(i) that, at the time of the surrender, cancellation or
15
revocation, was, or was included in, a location; and
16
(ii) in which, in the opinion of the Joint Authority, there is
17
petroleum;
18
the Joint Authority may, at any later time, by notice published in
19
the Gazette:
20
(d) invite applications for the grant by the Joint Authority of a
21
production licence over that block; and
22
(e) specify a period within which applications may be made.
23
(2) A notice under subsection (1) must state that an applicant is
24
required to specify an amount that the applicant would be prepared
25
to pay for the grant of the licence.
26
Application for cash-bid production licence
27
(3) An application under this section must:
28
(a) be accompanied by details of the applicant's proposals for
29
work and expenditure in relation to the area comprised in the
30
block; and
31
Regulation of activities relating to petroleum Chapter 2
Production licences Part 2.4
Obtaining a cash-bid production licence over a surrendered block or similar block
Division 3
Section 151
Offshore Petroleum Bill 2005 No. , 2005 151
(b) specify the amount that the applicant would be prepared to
1
pay for the grant of the licence.
2
Note 1:
Part 2.10 contains additional provisions about application procedures.
3
Note 2:
Section 220 requires the application to be accompanied by an
4
application fee.
5
Note 3:
Section 222 enables the Designated Authority to require the applicant
6
to give further information.
7
Deposit
8
(4) An application under this section must be accompanied by a
9
deposit of 10% of the amount that the applicant has specified under
10
paragraph (3)(b).
11
Refund of deposit
12
(5) If the production licence is not granted, the deposit must be
13
refunded to the applicant.
14
(6) Subsection (5) does not apply if:
15
(a) the applicant has been given an offer document under
16
subsection 151(2) or 152(3) in relation to the application; and
17
(b) the applicant does not, under section 224, request the grant of
18
the production licence.
19
151 Grant of cash-bid production licence--only one application
20
Scope
21
(1) This section applies if:
22
(a) the Joint Authority publishes a notice under subsection
23
150(1) inviting applications for the grant of a production
24
licence over a block; and
25
(b) at the end of the period specified in the notice, only one
26
application has been made under section 150 in relation to
27
the block.
28
Offer document
29
(2) The Joint Authority may:
30
Chapter 2 Regulation of activities relating to petroleum
Part 2.4 Production licences
Division 3 Obtaining a cash-bid production licence over a surrendered block or similar
block
Section 152
152 Offshore Petroleum Bill 2005 No. , 2005
(a) give the applicant a written notice (called an offer document)
1
telling the applicant that the Joint Authority is prepared to
2
grant the applicant a production licence over that block; or
3
(b) by written notice given to the applicant, reject the
4
application.
5
Note 1:
Section 223 sets out additional requirements for offer documents (for
6
example, a requirement that an offer document must contain a
7
summary of conditions).
8
Note 2:
If the applicant breaches a requirement under section 222 to provide
9
further information, the Joint Authority may refuse to give the
10
applicant an offer document--see subsection 222(3).
11
152 Grant of cash-bid production licence--2 or more applications
12
Scope
13
(1) This section applies if:
14
(a) the Joint Authority publishes a notice under subsection
15
150(1) inviting applications for the grant of a production
16
licence over a block; and
17
(b) at the end of the period specified in the notice, 2 or more
18
applications have been made under section 150 in relation to
19
the block.
20
Rejection of applications
21
(2) The Joint Authority may reject any or all of the applications.
22
Unrejected applications
23
(3) If the Joint Authority does not reject all of the applications, the
24
table has effect:
25
26
Unrejected applications
Item
If...
the Joint Authority may give a written
notice (called an offer document) to...
1
only one application remains
unrejected
the applicant.
Regulation of activities relating to petroleum Chapter 2
Production licences Part 2.4
Obtaining a cash-bid production licence over a surrendered block or similar block
Division 3
Section 152
Offshore Petroleum Bill 2005 No. , 2005 153
Unrejected applications
Item
If...
the Joint Authority may give a written
notice (called an offer document) to...
2
(a) 2 or more applications
remain unrejected; and
(b) the amounts specified in
the applications under
paragraph 150(3)(b) are
equal
one of those applicants.
3
(a) 2 or more applications
remain unrejected; and
(b) the amounts specified in
the applications under
paragraph 150(3)(b) are
not equal; and
(c) the amount specified in
one of the applications is
higher than the amount or
amounts specified in the
remaining application or
applications
whichever of those applicants specified the
highest amount.
4
(a) 3 or more applications
remain unrejected; and
(b) 2 or more of the amounts
specified in the
applications under
paragraph 150(3)(b) are:
(i) equal; and
(ii) higher than the
amount or amounts
specified in the
remaining
application or
applications
one of the applicants who specified the
equal highest amount.
(4) An offer document given to an applicant must tell the applicant
1
that the Joint Authority is prepared to grant the applicant a
2
production licence over the block.
3
Chapter 2 Regulation of activities relating to petroleum
Part 2.4 Production licences
Division 3 Obtaining a cash-bid production licence over a surrendered block or similar
block
Section 153
154 Offshore Petroleum Bill 2005 No. , 2005
Note 1:
Section 223 sets out additional requirements for offer documents (for
1
example, a requirement that an offer document must contain a
2
summary of conditions).
3
Note 2:
If the applicant breaches a requirement under section 222 to provide
4
further information, the Joint Authority may refuse to give the
5
applicant an offer document--see subsection 222(3).
6
Lapsed applications
7
(5) If:
8
(a) an applicant is given an offer document under this section;
9
and
10
(b) the application lapses as provided by section 224 or 225; and
11
(c) there are one or more remaining unrejected applications;
12
subsections (3) and (4) of this section apply in relation to the
13
remaining unrejected applications.
14
Unsuccessful applications
15
(6) If the Joint Authority does not give an offer document to an
16
applicant, the Joint Authority must, by written notice given to the
17
applicant, inform the applicant that the application was
18
unsuccessful.
19
153 Grant of cash-bid production licence
20
(1) If:
21
(a) an applicant has been given an offer document under
22
section 151 or 152; and
23
(b) the applicant has made a request under section 224 in relation
24
to the offer document within the period applicable under that
25
section; and
26
(c) in the case of an offer document under section 152--the
27
applicant has paid the specified balance within the period
28
applicable under section 225;
29
the Joint Authority must grant the applicant a production licence
30
over the block specified in the offer document.
31
Note 1:
If the applicant does not make a request under section 224 within the
32
period applicable under that section, the application lapses at the end
33
of that period--see subsection 224(4).
34
Regulation of activities relating to petroleum Chapter 2
Production licences Part 2.4
Obtaining a cash-bid production licence over a surrendered block or similar block
Division 3
Section 153
Offshore Petroleum Bill 2005 No. , 2005 155
Note 2:
In the case of an offer document under section 152, if the applicant
1
has not paid the specified balance within the period applicable under
2
section 225, the application lapses at the end of that period--see
3
subsection 225(2).
4
(2) For the purposes of this section, the specified balance is the
5
balance specified in the offer document as the balance of the
6
amount that the applicant must pay for the grant of the production
7
licence.
8
Chapter 2 Regulation of activities relating to petroleum
Part 2.4 Production licences
Division 4 Obtaining production licences over individual blocks
Section 154
156 Offshore Petroleum Bill 2005 No. , 2005
1
Division 4--Obtaining production licences over individual
2
blocks
3
154 Applications for production licences over individual blocks
4
Scope
5
(1) This section applies to a production licence (the initial production
6
licence) if:
7
(a) the licence is in force over 2 or more blocks; and
8
(b) the blocks do not form a location or part of a location.
9
Application for production licence
10
(2) The licensee of the initial production licence may apply to the Joint
11
Authority for the grant of 2 or more new production licences over
12
the blocks that were the subject of the initial production licence, in
13
exchange for the initial production licence.
14
(3) An application under this section:
15
(a) must specify the number of new production licences
16
required; and
17
(b) must specify the block or blocks that were the subject of the
18
initial production licence and for which each new production
19
licence is sought.
20
Note 1:
Part 2.10 contains additional provisions about application procedures.
21
Note 2:
Section 220 requires the application to be accompanied by an
22
application fee.
23
155 Grant of production licences over individual blocks
24
Scope
25
(1) This section applies if a licensee of an initial production licence
26
mentioned in section 154 has made an application under that
27
section.
28
Regulation of activities relating to petroleum Chapter 2
Production licences Part 2.4
Obtaining production licences over individual blocks Division 4
Section 155
Offshore Petroleum Bill 2005 No. , 2005 157
Grant of production licence
1
(2) The Joint Authority must grant the licensee new production
2
licences in accordance with the application.
3
Duration of new production licence
4
(3) If the initial production licence is a fixed-term production licence,
5
a new production licence granted under this section remains in
6
force for the remainder of the term of the initial production licence.
7
(4) If the initial production licence is a life-of-field production licence,
8
a new production licence granted under this section remains in
9
force indefinitely.
10
(5) Subsections (3) and (4) have effect subject to this Chapter but
11
despite section 139.
12
Note:
See the notes at the end of section 139.
13
Conditions of new production licence
14
(6) A new production licence under this section must be granted
15
subject to conditions corresponding as closely as practicable to the
16
conditions to which the initial production licence was subject.
17
Revocation of initial production licence
18
(7) If new production licences are granted under this section:
19
(a) the initial production licence is revoked; and
20
(b) the revocation has effect on the day on which those new
21
licences come into force.
22
Chapter 2 Regulation of activities relating to petroleum
Part 2.4 Production licences
Division 5 Renewal of fixed-term production licences
Section 156
158 Offshore Petroleum Bill 2005 No. , 2005
1
Division 5--Renewal of fixed-term production licences
2
156 Application for renewal of fixed-term production licence
3
Scope
4
(1) This section applies to a fixed-term production licence.
5
Application for renewal
6
(2) A production licensee may apply to the Designated Authority for
7
the renewal by the Joint Authority of the licence.
8
(3) An application to renew a production licence must be made at least
9
180 days before the expiry date of the licence.
10
(4) Despite subsection (3), the Designated Authority may accept an
11
application to renew a production licence if the application is
12
made:
13
(a) later than 180 days before the expiry date of the licence; and
14
(b) before the expiry date of the licence.
15
Proposals for work and expenditure
16
(5) An application to renew a production licence must be accompanied
17
by details of the licensee's proposals for work and expenditure in
18
relation to the licence area.
19
Note 1:
Part 2.10 contains additional provisions about application procedures.
20
Note 2:
Section 220 requires the application to be accompanied by an
21
application fee.
22
Extension of duration of production licence pending decision on
23
application
24
(6) If:
25
(a) a production licensee makes an application to renew the
26
licence; and
27
(b) the licence would, apart from this subsection, expire:
28
Regulation of activities relating to petroleum Chapter 2
Production licences Part 2.4
Renewal of fixed-term production licences Division 5
Section 157
Offshore Petroleum Bill 2005 No. , 2005 159
(i) before the Joint Authority grants, or refuses to grant, the
1
renewal of the licence; or
2
(ii) before the application lapses as provided by section 224;
3
the licence continues in force:
4
(c) until the Joint Authority grants, or refuses to grant, the
5
renewal of the licence; or
6
(d) until the application so lapses;
7
whichever happens first.
8
(7) Subsection (6) has effect subject to this Chapter but despite
9
section 139.
10
Note:
See the notes at the end of section 139.
11
157 Renewal of fixed-term production licence--offer document
12
Scope
13
(1) This section applies if an application to renew a fixed-term
14
production licence has been made under section 156.
15
Offer document--compliance with conditions etc., first renewal
16
(2) If:
17
(a) each of the following has been complied with:
18
(i) the conditions to which the production licence is, or has
19
from time to time been, subject;
20
(ii) the provisions of this Chapter, Chapter 3, Chapter 4 and
21
Part 5.1;
22
(iii) the regulations; and
23
(b) the application is for the first renewal of the production
24
licence;
25
the Joint Authority must give the applicant a written notice (called
26
an offer document) telling the applicant that the Joint Authority is
27
prepared to renew the licence.
28
Note:
Section 223 sets out additional requirements for offer documents (for
29
example, a requirement that an offer document must contain a
30
summary of conditions).
31
Chapter 2 Regulation of activities relating to petroleum
Part 2.4 Production licences
Division 5 Renewal of fixed-term production licences
Section 157
160 Offshore Petroleum Bill 2005 No. , 2005
Offer document--compliance with conditions etc., second renewal,
1
recovery of petroleum
2
(3) If:
3
(a) each of the following has been complied with:
4
(i) the conditions to which the production licence is, or has
5
from time to time been, subject;
6
(ii) the provisions of this Chapter, Chapter 3, Chapter 4 and
7
Part 5.1;
8
(iii) the regulations; and
9
(b) both:
10
(i) the application is for the second renewal of the
11
production licence; and
12
(ii) petroleum recovery operations have been carried on in
13
the licence area within 5 years before the application for
14
the renewal was made;
15
the Joint Authority must give the applicant a written notice (called
16
an offer document) telling the applicant that the Joint Authority is
17
prepared to renew the licence.
18
Note:
Section 223 sets out additional requirements for offer documents (for
19
example, a requirement that an offer document must contain a
20
summary of conditions).
21
Offer document--non-compliance with conditions etc., sufficient
22
grounds to warrant renewal
23
(4) If:
24
(a) any of:
25
(i) the conditions to which the production licence is, or has
26
from time to time been, subject; or
27
(ii) the provisions of this Chapter, Chapter 3, Chapter 4 and
28
Part 5.1; or
29
(iii) the provisions of the regulations;
30
have not been complied with; and
31
(b) the Joint Authority is satisfied that there are sufficient
32
grounds to warrant the renewal of the production licence;
33
Regulation of activities relating to petroleum Chapter 2
Production licences Part 2.4
Renewal of fixed-term production licences Division 5
Section 158
Offshore Petroleum Bill 2005 No. , 2005 161
the Joint Authority may give the applicant a written notice (called
1
an offer document) telling the applicant that the Joint Authority is
2
prepared to renew the licence.
3
Note:
Section 223 sets out additional requirements for offer documents (for
4
example, a requirement that an offer document must contain a
5
summary of conditions).
6
158 Refusal to renew fixed-term production licence
7
Scope
8
(1) This section applies if an application to renew a fixed-term
9
production licence has been made under section 156.
10
Refusal on grounds of non-compliance with conditions
11
(2) If:
12
(a) any of:
13
(i) the conditions to which the production licence is, or has
14
from time to time been, subject; or
15
(ii) the provisions of this Chapter, Chapter 3, Chapter 4 and
16
Part 5.1; or
17
(iii) the provisions of the regulations;
18
have not been complied with; and
19
(b) the Joint Authority is not satisfied that there are sufficient
20
grounds to warrant the renewal of the production licence;
21
the Joint Authority must, by written notice given to the applicant,
22
refuse to renew the licence.
23
Note:
Consultation procedures apply--see section 226.
24
Refusal on grounds of inactivity
25
(3) If:
26
(a) the application relates to a renewal other than the first
27
renewal; and
28
(b) no petroleum recovery operations have been carried on in the
29
licence area within 5 years before the application for the
30
renewal was made;
31
Chapter 2 Regulation of activities relating to petroleum
Part 2.4 Production licences
Division 5 Renewal of fixed-term production licences
Section 159
162 Offshore Petroleum Bill 2005 No. , 2005
the Joint Authority may, by written notice given to the applicant,
1
refuse to renew the licence.
2
159 Renewal of fixed-term production licence
3
If:
4
(a) an applicant has been given an offer document under
5
section 157; and
6
(b) the applicant has made a request under section 224 in relation
7
to the offer document within the period applicable under that
8
section;
9
the Joint Authority must renew the production licence.
10
Note:
If the applicant does not make a request under section 224 within the
11
period applicable under that section, the application lapses at the end
12
of that period--see subsection 224(4).
13
Regulation of activities relating to petroleum Chapter 2
Production licences Part 2.4
What happens if a block is not taken up Division 6
Section 160
Offshore Petroleum Bill 2005 No. , 2005 163
1
Division 6--What happens if a block is not taken up
2
160 Revocation of exploration permit or retention lease to the extent
3
to which it relates to a block not taken up
4
Permittee does not apply for a production licence
5
(1) If:
6
(a) an exploration permittee could apply under section 142 for a
7
production licence in relation to a block or blocks; and
8
(b) the permittee does not, within the application period, make
9
the application;
10
then:
11
(c) the exploration permit is revoked to the extent to which it
12
relates to that block or those blocks; and
13
(d) the revocation has effect at the end of the application period.
14
Note:
For application period, see section 143.
15
Permittee's application lapses
16
(2) If an application made by an exploration permittee under
17
section 142 in relation to a block or blocks lapses:
18
(a) the exploration permit is revoked to the extent to which it
19
relates to that block or those blocks; and
20
(b) the revocation has effect:
21
(i) at the end of the application period; or
22
(ii) on the lapsing of the application;
23
whichever is the later.
24
Note:
For lapsing of applications, see section 224.
25
Lessee's application lapses
26
(3) If an application made by a retention lessee under section 144 in
27
relation to a block or blocks lapses:
28
(a) the retention lease is revoked to the extent to which it relates
29
to that block or those blocks; and
30
Chapter 2 Regulation of activities relating to petroleum
Part 2.4 Production licences
Division 6 What happens if a block is not taken up
Section 160
164 Offshore Petroleum Bill 2005 No. , 2005
(b) the revocation has effect on the lapsing of the application.
1
Note 1:
For lapsing of applications, see section 224.
2
Note 2:
See also subsection 110(3) (revocation of declaration of location
3
where block is no longer the subject of an exploration permit or a
4
retention lease).
5
Regulation of activities relating to petroleum Chapter 2
Production licences Part 2.4
Petroleum field development Division 7
Section 161
Offshore Petroleum Bill 2005 No. , 2005 165
1
Division 7--Petroleum field development
2
Subdivision A--Directions about the recovery of petroleum
3
161 Direction to recover petroleum
4
Initial direction
5
(1) If:
6
(a) petroleum is not being recovered in a production licence area;
7
and
8
(b) the Joint Authority is satisfied that there is recoverable
9
petroleum in that area;
10
the Joint Authority may, by written notice given to the licensee,
11
direct the licensee to take all necessary and practicable steps to
12
recover that petroleum.
13
Further direction
14
(2) If:
15
(a) a direction is in force under subsection (1) in relation to a
16
licensee; and
17
(b) the Joint Authority is not satisfied with the steps taken or
18
being taken by the licensee;
19
the Joint Authority may, by written notice given to the licensee,
20
direct the licensee to take such steps as the Joint Authority thinks
21
necessary and practicable for, or in relation to, the recovery of
22
petroleum in the licence area.
23
162 Directions about the rate of recovery of petroleum
24
Initial direction
25
(1) If petroleum is being recovered in a production licence area, the
26
Joint Authority may, by written notice given to the licensee, direct
27
the licensee to take all necessary and practicable steps to increase
28
or reduce the rate at which petroleum is being recovered:
29
(a) in the licence area; or
30
Chapter 2 Regulation of activities relating to petroleum
Part 2.4 Production licences
Division 7 Petroleum field development
Section 163
166 Offshore Petroleum Bill 2005 No. , 2005
(b) from a petroleum pool in the licence area;
1
to the rate specified in the notice.
2
Further direction
3
(2) If:
4
(a) a direction is in force under subsection (1) in relation to a
5
licensee; and
6
(b) the Joint Authority is not satisfied with the steps taken or
7
being taken by the licensee;
8
the Joint Authority may, by written notice given to the licensee,
9
give the licensee such directions as the Joint Authority thinks
10
necessary and practicable for, or in relation to, the increase or
11
reduction of the rate at which petroleum is being recovered:
12
(c) in the licence area; or
13
(d) from a petroleum pool in the licence area.
14
Matters to be taken into account
15
(3) In deciding whether to give a direction under this section, the Joint
16
Authority may take into account matters relating to the effects on
17
Commonwealth revenue of the proposed direction.
18
(4) Subsection (3) does not limit the matters that may be taken into
19
account.
20
Good oilfield practice
21
(5) The Joint Authority must not give a direction under this section if
22
the direction would require action to be taken that is contrary to
23
good oilfield practice.
24
Subdivision B--Unit development
25
163 Unit development
26
Meaning of unit development
27
(1) In this section, the expression unit development:
28
Regulation of activities relating to petroleum Chapter 2
Production licences Part 2.4
Petroleum field development Division 7
Section 163
Offshore Petroleum Bill 2005 No. , 2005 167
(a) applies in relation to a petroleum pool that is partly in a
1
particular licence area of a licensee of a production licence
2
and partly in:
3
(i) the licence area of another licensee of a production
4
licence; or
5
(ii) an area that is not within an offshore area but in which a
6
person other than the first-mentioned licensee is
7
lawfully entitled to carry on petroleum recovery
8
operations from the pool; and
9
(b) means the carrying on of petroleum recovery operations from
10
that pool under cooperative arrangements between the
11
persons entitled to carry on such operations in each of those
12
areas.
13
Unit development agreement
14
(2) A licensee of a production licence may from time to time enter into
15
a written agreement for, or in relation to, the unit development of a
16
petroleum pool, but nothing in this subsection derogates from the
17
operation of section 270.
18
Direction to enter into unit development agreement
19
(3) The Joint Authority, on the Joint Authority's own initiative or on
20
application made to the Joint Authority in writing by:
21
(a) a licensee of a production licence in whose licence area there
22
is a part of a particular petroleum pool; or
23
(b) a person who is lawfully entitled to carry on petroleum
24
recovery operations in an area outside the offshore area that
25
includes part of a particular petroleum pool that extends into
26
the offshore area;
27
may, for the purpose of securing the more effective recovery of
28
petroleum from the petroleum pool, direct any licensee of a
29
production licence whose licence area includes part of the
30
petroleum pool, by written notice given to the licensee, to:
31
(c) enter into a written agreement, within the period specified in
32
the notice, for, or in relation to, the unit development of the
33
petroleum pool; and
34
Chapter 2 Regulation of activities relating to petroleum
Part 2.4 Production licences
Division 7 Petroleum field development
Section 163
168 Offshore Petroleum Bill 2005 No. , 2005
(d) lodge an application in accordance with section 271 for
1
approval of any dealing to which the agreement relates.
2
Unit development scheme
3
(4) If:
4
(a) a licensee of a production licence who is directed under
5
subsection (3) to enter into an agreement for, or in relation to,
6
the unit development of a petroleum pool does not enter into
7
such an agreement within the specified period; or
8
(b) the licensee enters into such an agreement, but:
9
(i) an application for approval of a dealing to which the
10
agreement relates is not lodged with the Designated
11
Authority; or
12
(ii) if an application is so lodged--the dealing is not
13
approved under section 275;
14
the Joint Authority may, by written notice given to the licensee,
15
direct the licensee to submit to the Joint Authority, within the
16
period specified in the notice, a scheme for, or in relation to, the
17
unit development of the petroleum pool.
18
Directions
19
(5) At any time after the end of the period within which a scheme for,
20
or in relation to, the unit development of a petroleum pool is to be
21
submitted by a licensee under subsection (4), the Joint Authority
22
may, by written notice given to the licensee, give to the licensee
23
such directions as the Joint Authority thinks necessary for the
24
purpose of securing the more effective recovery of petroleum from
25
the petroleum pool.
26
(6) If a person is the licensee of production licences in relation to 2 or
27
more licence areas in each of which there is part of a particular
28
petroleum pool, the Joint Authority may, by written notice given to
29
the licensee, give to the licensee such directions as the Joint
30
Authority thinks necessary for the purpose of securing the more
31
effective recovery of petroleum from the petroleum pool.
32
(7) If:
33
(a) an agreement under this section is in force; or
34
Regulation of activities relating to petroleum Chapter 2
Production licences Part 2.4
Petroleum field development Division 7
Section 163
Offshore Petroleum Bill 2005 No. , 2005 169
(b) the Joint Authority has given directions under subsection (5)
1
or (6);
2
the Joint Authority may, having regard to additional information
3
that has become available, by written notice given to the licensee
4
or licensees concerned, give to the licensee or licensees such
5
directions, or further directions, as the case may be, as the Joint
6
Authority thinks necessary for the purpose of securing the more
7
effective recovery of petroleum from the petroleum pool.
8
(8) The Joint Authority must not give a direction under subsection (6)
9
or (7) unless the Designated Authority has given to the licensee or
10
licensees concerned an opportunity to confer with the Designated
11
Authority about the proposed direction.
12
(9) Directions under subsection (5), (6) or (7) may include directions
13
as to the rate at which petroleum is to be recovered.
14
Definition
15
(10) In this section:
16
dealing means a dealing to which Part 3.6 applies.
17
Consultation
18
(11) If a petroleum pool extends, or is reasonably believed by the
19
Designated Authority to extend, from the offshore area in respect
20
of a State or Territory into:
21
(a) lands to which the laws of that State or Territory, or of
22
another State or Territory, relating to exploiting petroleum
23
resources apply; or
24
(b) the offshore area of an adjoining State or Territory;
25
each Designated Authority concerned must consult about
26
exploiting the petroleum pool with:
27
(c) any other Designated Authority concerned; and
28
(d) the appropriate authority of a State or Territory referred to in
29
paragraph (a).
30
Chapter 2 Regulation of activities relating to petroleum
Part 2.4 Production licences
Division 7 Petroleum field development
Section 163
170 Offshore Petroleum Bill 2005 No. , 2005
Approval
1
(12) If subsection (11) applies in relation to a petroleum pool, a Joint
2
Authority must not:
3
(a) approve an agreement under this section; or
4
(b) give a direction under this section;
5
in relation to that petroleum pool except with the approval of any
6
other Joint Authority concerned and any State or Territory
7
authority concerned.
8
Regulation of activities relating to petroleum Chapter 2
Infrastructure licences Part 2.5
General provisions Division 1
Section 164
Offshore Petroleum Bill 2005 No. , 2005 171
1
Part 2.5--Infrastructure licences
2
Division 1--General provisions
3
164 Simplified outline
4
The following is a simplified outline of this Part:
5
·
It is an offence to construct or operate an infrastructure facility
6
in an offshore area except:
7
(a)
under an infrastructure licence; or
8
(b)
as otherwise authorised or required by or under this
9
Act.
10
·
This Part provides for the grant of infrastructure licences.
11
·
An infrastructure licence authorises the licensee to construct
12
and operate an infrastructure facility in the licence area.
13
165 Prohibition of unauthorised construction or operation of an
14
infrastructure facility in an offshore area
15
(1) A person commits an offence if:
16
(a) the person:
17
(i) starts to construct or reconstruct an infrastructure
18
facility; or
19
(ii) continues to construct or reconstruct an infrastructure
20
facility; or
21
(iii) starts to alter an infrastructure facility; or
22
(iv) continues to alter an infrastructure facility; or
23
(v) operates an infrastructure facility; and
24
(b) the person's conduct occurs in an offshore area.
25
Penalty: Imprisonment for 5 years.
26
Chapter 2 Regulation of activities relating to petroleum
Part 2.5 Infrastructure licences
Division 1 General provisions
Section 166
172 Offshore Petroleum Bill 2005 No. , 2005
(2) Subsection (1) does not apply if the conduct is:
1
(a) authorised by an infrastructure licence; or
2
(b) otherwise authorised or required by or under this Act.
3
Note:
The defendant bears an evidential burden in relation to the matter in
4
subsection (2)--see subsection 13.3(3) of the Criminal Code.
5
166 Rights conferred by an infrastructure licence
6
(1) An infrastructure licence authorises the licensee, in accordance
7
with the conditions (if any) to which the licence is subject:
8
(a) to construct infrastructure facilities in the licence area; and
9
(b) to operate infrastructure facilities in the licence area.
10
(2) The rights conferred on the licensee by subsection (1) are subject
11
to this Act and the regulations.
12
(3) To avoid doubt, the grant of an infrastructure licence is not a
13
precondition to doing anything that could be authorised by an
14
exploration permit, retention lease, production licence or pipeline
15
licence.
16
167 Conditions of infrastructure licences
17
(1) The Joint Authority may grant an infrastructure licence subject to
18
whatever conditions the Joint Authority thinks appropriate.
19
(2) The conditions (if any) must be specified in the licence.
20
168 Duration of infrastructure licence
21
(1) An infrastructure licence remains in force indefinitely.
22
(2) Subsection (1) has effect subject to this Chapter.
23
Note 1:
For the surrender of an infrastructure licence, see Part 2.12.
24
Note 2:
For the cancellation of an infrastructure licence, see Part 2.13.
25
Note 3:
For the termination of an infrastructure licence if there have been no
26
operations for 5 years, see section 169.
27
Regulation of activities relating to petroleum Chapter 2
Infrastructure licences Part 2.5
General provisions Division 1
Section 169
Offshore Petroleum Bill 2005 No. , 2005 173
169 Termination of infrastructure licence if no operations for 5
1
years
2
Termination of licence
3
(1) If an infrastructure licence is in force, and the licensee:
4
(a) has not carried out any construction work under the licence at
5
any time during a continuous period of at least 5 years; and
6
(b) has not used the infrastructure facilities constructed under the
7
licence at any time during a continuous period of at least 5
8
years;
9
the Joint Authority may, by written notice given to the licensee, tell
10
the licensee that the Joint Authority proposes to terminate the
11
infrastructure licence after the end of 30 days after the notice is
12
given.
13
(2) At any time after the end of 30 days after the notice referred to in
14
subsection (1) is given to the licensee, the Joint Authority may, by
15
written notice given to the licensee, terminate the infrastructure
16
licence.
17
Note:
For remedial directions following termination, see section 312.
18
(3) In working out, for the purposes of subsection (1):
19
(a) the period in which an infrastructure licensee did not carry
20
out any construction work under the licence; or
21
(b) the period in which an infrastructure licensee did not use the
22
infrastructure facilities constructed under the licence;
23
disregard any period in which construction work was not carried
24
out, or the infrastructure facilities were not used, as the case may
25
be, because of circumstances beyond the licensee's control.
26
(4) For the purposes of subsection (3), the depletion of recoverable
27
petroleum is not a circumstance beyond the licensee's control.
28
Note:
See also section 249 (compensation for acquisition of property).
29
Consultation
30
(5) The Joint Authority may give a copy of a notice under
31
subsection (1) to such other persons (if any) as the Joint Authority
32
thinks fit.
33
Chapter 2 Regulation of activities relating to petroleum
Part 2.5 Infrastructure licences
Division 1 General provisions
Section 169
174 Offshore Petroleum Bill 2005 No. , 2005
(6) A notice under subsection (1) must:
1
(a) invite a person to whom the notice, or a copy of the notice,
2
has been given to make a written submission to the Joint
3
Authority about the proposal to terminate the licence; and
4
(b) specify a time limit for making that submission.
5
Note:
All communications to the Joint Authority are to be made through the
6
Designated Authority--see section 45.
7
(7) In deciding whether to terminate the licence, the Joint Authority
8
must take into account any submissions made in accordance with
9
the notice.
10
Regulation of activities relating to petroleum Chapter 2
Infrastructure licences Part 2.5
Obtaining an infrastructure licence Division 2
Section 170
Offshore Petroleum Bill 2005 No. , 2005 175
1
Division 2--Obtaining an infrastructure licence
2
170 Application for infrastructure licence
3
(1) A person may apply to the Designated Authority for the grant by
4
the Joint Authority of an infrastructure licence.
5
Details
6
(2) An application under this section must be accompanied by details
7
of the applicant's proposals for the construction and operation of
8
infrastructure facilities at a place that is:
9
(a) in an offshore area; and
10
(b) described in the application.
11
Note 1:
Part 2.10 contains additional provisions about application procedures.
12
Note 2:
Section 220 requires the application to be accompanied by an
13
application fee.
14
Note 3:
Section 222 enables the Designated Authority to require the applicant
15
to give further information.
16
171 Grant of infrastructure licence--offer document
17
If an application for the grant of an infrastructure licence has been
18
made under section 170, the Joint Authority may give the applicant
19
a written notice (called an offer document) telling the applicant the
20
Joint Authority is prepared to grant the applicant an infrastructure
21
licence in relation to the place described in the application.
22
Note 1:
Section 223 sets out additional requirements for offer documents (for
23
example, a requirement that an offer document must contain a
24
summary of conditions).
25
Note 2:
If the applicant breaches a requirement under section 222 to provide
26
further information, the Joint Authority may refuse to give the
27
applicant an offer document--see subsection 222(3).
28
Note 3:
For consultation procedures, see section 174.
29
172 Refusal to grant infrastructure licence
30
If:
31
Chapter 2 Regulation of activities relating to petroleum
Part 2.5 Infrastructure licences
Division 2 Obtaining an infrastructure licence
Section 173
176 Offshore Petroleum Bill 2005 No. , 2005
(a) an application for the grant of an infrastructure licence has
1
been made under section 170; and
2
(b) the Joint Authority decides not to give the applicant an offer
3
document under section 171;
4
the Joint Authority must, by written notice given to the applicant,
5
refuse to grant the infrastructure licence.
6
173 Grant of infrastructure licence
7
If:
8
(a) an applicant has been given an offer document under
9
section 171; and
10
(b) the applicant has made a request under section 224 in relation
11
to the offer document within the period applicable under that
12
section;
13
the Joint Authority must grant the applicant the infrastructure
14
licence concerned.
15
Note:
If the applicant does not make a request under section 224 within the
16
period applicable under that section, the application lapses at the end
17
of that period--see subsection 224(4).
18
174 Consultation--grant of infrastructure licence
19
Scope
20
(1) This section applies if:
21
(a) an application for an infrastructure licence (the proposed
22
infrastructure licence) has been made under section 170 in
23
relation to a place in a block; and
24
(b) the block:
25
(i) is the subject of an exploration permit, retention lease or
26
production licence; or
27
(ii) is, or is proposed to be, transected by a pipeline in
28
accordance with the provisions of a pipeline licence; or
29
(iii) includes the whole or a part of a place that is the subject
30
of another infrastructure licence; or
31
(iv) is the subject of a special prospecting authority or
32
access authority; and
33
Regulation of activities relating to petroleum Chapter 2
Infrastructure licences Part 2.5
Obtaining an infrastructure licence Division 2
Section 174
Offshore Petroleum Bill 2005 No. , 2005 177
(c) the applicant is not the registered holder of the exploration
1
permit, retention lease, production licence, pipeline licence,
2
other infrastructure licence, special prospecting authority or
3
access authority; and
4
(d) if subparagraph (b)(i), (ii) or (iii) applies--the registered
5
holder of the exploration permit, retention lease, production
6
licence, pipeline licence or other infrastructure licence has
7
not given written consent to the grant of the proposed
8
infrastructure licence; and
9
(e) if subparagraph (b)(iv) applies:
10
(i) the registered holder of the special prospecting authority
11
or access authority has not given written consent to the
12
grant of the proposed infrastructure licence; or
13
(ii) the special prospecting authority or access authority will
14
not expire before any construction or operation of
15
infrastructure facilities under the proposed infrastructure
16
licence would occur.
17
Consultation
18
(2) Before the Joint Authority gives the applicant an offer document
19
under section 171, the Joint Authority must:
20
(a) by written notice given to the registered holder of the
21
exploration permit, retention lease, production licence,
22
pipeline licence, other infrastructure licence, special
23
prospecting authority or access authority, give at least 30
24
days notice of the Joint Authority's proposal to give the
25
applicant the offer document; and
26
(b) give a copy of the notice to such other persons (if any) as the
27
Joint Authority thinks fit.
28
(3) The notice must:
29
(a) set out details of the proposed infrastructure licence; and
30
(b) invite a person to whom the notice, or a copy of the notice,
31
has been given to make a written submission to the Joint
32
Authority about the proposal; and
33
(c) specify a time limit for the making of that submission.
34
Note:
All communications to the Joint Authority are to be made through the
35
Designated Authority--see section 45.
36
Chapter 2 Regulation of activities relating to petroleum
Part 2.5 Infrastructure licences
Division 2 Obtaining an infrastructure licence
Section 174
178 Offshore Petroleum Bill 2005 No. , 2005
(4) In deciding:
1
(a) whether to give the applicant the offer document; and
2
(b) the conditions (if any) to which the proposed infrastructure
3
licence should be subject;
4
the Joint Authority must take into account any submissions made
5
in accordance with the notice.
6
Regulation of activities relating to petroleum Chapter 2
Infrastructure licences Part 2.5
Varying an infrastructure licence Division 3
Section 175
Offshore Petroleum Bill 2005 No. , 2005 179
1
Division 3--Varying an infrastructure licence
2
175 Application for variation of infrastructure licence
3
(1) An infrastructure licensee may apply to the Designated Authority
4
for the variation by the Joint Authority of the licence.
5
(2) An application under this section must:
6
(a) be accompanied by details of the proposed variation; and
7
(b) set out the reasons for the proposed variation.
8
Note 1:
Part 2.10 contains additional provisions about application procedures.
9
Note 2:
Section 220 requires the application to be accompanied by an
10
application fee.
11
Note 3:
Section 222 enables the Designated Authority to require the applicant
12
to give further information.
13
176 Variation of infrastructure licence
14
(1) If an infrastructure licensee applies under section 175 for a
15
variation of the licence, the Joint Authority may, by written notice
16
given to the licensee:
17
(a) vary the licence to such extent as the Joint Authority thinks
18
necessary; or
19
(b) refuse to vary the licence.
20
Note:
For consultation procedures, see section 177.
21
When variation takes effect
22
(2) A variation of an infrastructure licence under this section takes
23
effect on the day on which notice of the variation is published in
24
the Gazette.
25
Note:
For publication in the Gazette of notice of the variation, see
26
section 418.
27
Chapter 2 Regulation of activities relating to petroleum
Part 2.5 Infrastructure licences
Division 3 Varying an infrastructure licence
Section 177
180 Offshore Petroleum Bill 2005 No. , 2005
177 Consultation--variation of infrastructure licence
1
Scope
2
(1) This section applies if:
3
(a) an infrastructure licence (the first infrastructure licence)
4
relates to a place in a block; and
5
(b) an application for variation of the first infrastructure licence
6
is made under section 175; and
7
(c) the block:
8
(i) is the subject of an exploration permit, retention lease or
9
production licence; or
10
(ii) is, or is proposed to be, transected by a pipeline in
11
accordance with the provisions of a pipeline licence; or
12
(iii) includes the whole or a part of a place that is the subject
13
of another infrastructure licence; or
14
(iv) is the subject of a special prospecting authority or
15
access authority; and
16
(d) the applicant is not the registered holder of the exploration
17
permit, retention lease, production licence, pipeline licence,
18
other infrastructure licence, special prospecting authority or
19
access authority; and
20
(e) if subparagraph (c)(i), (ii) or (iii) applies--the registered
21
holder of the exploration permit, retention lease, production
22
licence, pipeline licence or other infrastructure licence has
23
not given written consent to the variation of the first
24
infrastructure licence; and
25
(f) if subparagraph (c)(iv) applies:
26
(i) the registered holder of the special prospecting authority
27
or access authority has not given written consent to the
28
variation of the first infrastructure licence; or
29
(ii) the special prospecting authority or access authority will
30
not expire before any construction or operation of
31
infrastructure facilities under the first infrastructure
32
licence, as proposed to be varied, would occur.
33
Regulation of activities relating to petroleum Chapter 2
Infrastructure licences Part 2.5
Varying an infrastructure licence Division 3
Section 177
Offshore Petroleum Bill 2005 No. , 2005 181
Consultation
1
(2) Before varying the first infrastructure licence, the Joint Authority
2
must:
3
(a) by written notice given to the registered holder of the
4
exploration permit, retention lease, production licence,
5
pipeline licence, other infrastructure licence, special
6
prospecting authority or access authority, give at least 30
7
days notice that the Joint Authority is considering the
8
application; and
9
(b) give a copy of the notice to such other persons (if any) as the
10
Joint Authority thinks fit.
11
(3) The notice must:
12
(a) set out details of the proposed variation; and
13
(b) invite a person to whom the notice, or a copy of the notice,
14
has been given to make a written submission to the Joint
15
Authority about the proposal; and
16
(c) specify a time limit for the making of that submission.
17
Note:
All communications to the Joint Authority are to be made through the
18
Designated Authority--see section 45.
19
(4) In deciding whether to vary the first infrastructure licence, the Joint
20
Authority must take into account any submissions made in
21
accordance with the notice.
22
Chapter 2 Regulation of activities relating to petroleum
Part 2.6 Pipeline licences
Division 1 General provisions
Section 178
182 Offshore Petroleum Bill 2005 No. , 2005
1
Part 2.6--Pipeline licences
2
Division 1--General provisions
3
178 Simplified outline
4
The following is a simplified outline of this Part:
5
·
It is an offence to construct or operate a pipeline in an
6
offshore area without a pipeline licence.
7
·
This Part provides for the grant of pipeline licences.
8
·
A pipeline licence authorises the licensee to construct and
9
operate a pipeline.
10
·
The Joint Authority may direct a pipeline licensee to be a
11
common carrier of petroleum in relation to the pipeline.
12
·
A pipeline licensee must not cease to operate the pipeline
13
without the consent of the Joint Authority.
14
179 Prohibition of unauthorised construction or operation of a
15
pipeline in an offshore area
16
General offence
17
(1) A person commits an offence if:
18
(a) the person:
19
(i) starts to construct or reconstruct a pipeline; or
20
(ii) continues to construct or reconstruct a pipeline; or
21
(iii) starts to alter a pipeline; or
22
(iv) continues to alter a pipeline; or
23
(v) operates a pipeline; and
24
(b) the person's conduct occurs in an offshore area.
25
Regulation of activities relating to petroleum Chapter 2
Pipeline licences Part 2.6
General provisions Division 1
Section 179
Offshore Petroleum Bill 2005 No. , 2005 183
Penalty: Imprisonment for 5 years.
1
(2) Subsection (1) does not apply to conduct that is authorised by a
2
pipeline licence.
3
Note 1:
The defendant bears an evidential burden in relation to the matter in
4
subsection (2)--see subsection 13.3(3) of the Criminal Code.
5
Note 2:
See also subsections (7) and (8) of this section.
6
Offence of starting to operate a pipeline
7
(3) A person commits an offence if:
8
(a) the person starts to operate a pipeline; and
9
(b) the person's conduct occurs in an offshore area.
10
Penalty: Imprisonment for 5 years.
11
(4) Subsection (3) does not apply if:
12
(a) the pipeline has been constructed and tested in accordance
13
with a pipeline licence; and
14
(b) the Designated Authority has certified in writing that the
15
Designated Authority is satisfied that:
16
(i) the pipeline has been constructed and tested in
17
accordance with a pipeline licence; and
18
(ii) the pipeline is fit to be operated.
19
Note 1:
The defendant bears an evidential burden in relation to the matter in
20
subsection (4)--see subsection 13.3(3) of the Criminal Code.
21
Note 2:
See also subsections (7) and (8) of this section.
22
Offence of recommencing to operate a pipeline
23
(5) A person commits an offence if:
24
(a) the person recommences to operate a pipeline the previous
25
operation of which was discontinued; and
26
(b) the person's conduct occurs in an offshore area.
27
Penalty: Imprisonment for 5 years.
28
(6) Subsection (5) does not apply if the recommencement is carried
29
out:
30
(a) with the written consent of the Designated Authority; and
31
Chapter 2 Regulation of activities relating to petroleum
Part 2.6 Pipeline licences
Division 1 General provisions
Section 179
184 Offshore Petroleum Bill 2005 No. , 2005
(b) in accordance with the conditions (if any) specified in that
1
consent.
2
Note 1:
The defendant bears an evidential burden in relation to the matter in
3
subsection (6)--see subsection 13.3(3) of the Criminal Code.
4
Note 2:
See also subsections (7) and (8) of this section.
5
Defences
6
(7) Subsections (1), (3) and (5) do not apply if:
7
(a) in an emergency in which there is a likelihood of loss or
8
injury; or
9
(b) for the purpose of maintaining a pipeline in good order or
10
repair;
11
the person engages in the conduct to avoid that loss or injury, or to
12
maintain the pipeline in good order and repair, and the person:
13
(c) as soon as practicable, notifies the Designated Authority of
14
the conduct; and
15
(d) complies with any directions given to the person by the
16
Designated Authority.
17
Note:
The defendant bears an evidential burden in relation to the matter in
18
subsection (7)--see subsection 13.3(3) of the Criminal Code.
19
(8) Subsections (1), (3) and (5) do not apply to anything done in
20
compliance with a direction under:
21
(a) this Act; or
22
(b) the regulations.
23
Note:
The defendant bears an evidential burden in relation to the matter in
24
subsection (8)--see subsection 13.3(3) of the Criminal Code.
25
Consents and certificates
26
(9) The Designated Authority may:
27
(a) refuse to give a consent or certificate for the purposes of this
28
section; or
29
(b) make a consent under subsection (6) subject to such
30
conditions as are specified in the consent.
31
Regulation of activities relating to petroleum Chapter 2
Pipeline licences Part 2.6
General provisions Division 1
Section 180
Offshore Petroleum Bill 2005 No. , 2005 185
180 Rights conferred by pipeline licence
1
(1) A pipeline licence authorises the licensee, in accordance with the
2
conditions (if any) to which the licence is subject:
3
(a) to construct in the offshore area specified in the licence a
4
pipeline:
5
(i) of the design, construction, size and capacity specified
6
in the licence; and
7
(ii) along the route specified in the licence; and
8
(iii) in the position, in relation to the seabed, specified in the
9
licence; and
10
(b) to construct in the offshore area specified in the licence the
11
pumping stations, tank stations and valve stations specified in
12
the licence in the positions specified in the licence; and
13
(c) to operate:
14
(i) that pipeline; and
15
(ii) those pumping stations, tank stations and valve stations;
16
and
17
(d) to carry on such operations, to execute such works and to do
18
all such other things in the offshore area specified in the
19
licence as are necessary for, or incidental to, the construction
20
or operation of:
21
(i) that pipeline; and
22
(ii) those pumping stations, tank stations and valve stations.
23
(2) The rights conferred on the licensee by subsection (1) are subject
24
to this Act and the regulations.
25
181 Conditions of pipeline licences
26
(1) The Joint Authority may grant a pipeline licence subject to
27
whatever conditions the Joint Authority thinks appropriate.
28
(2) The conditions (if any) must be specified in the licence.
29
Chapter 2 Regulation of activities relating to petroleum
Part 2.6 Pipeline licences
Division 1 General provisions
Section 182
186 Offshore Petroleum Bill 2005 No. , 2005
Completion of pipeline
1
(3) A pipeline licence may be granted subject to a condition that the
2
licensee must complete the construction of the pipeline within the
3
period specified in the licence.
4
(4) Subsection (3) does not limit subsection (1).
5
182 Duration of pipeline licence
6
(1) A pipeline licence comes into force:
7
(a) on the day on which the pipeline licence is granted; or
8
(b) if a later day is specified in the pipeline licence as being the
9
day on which the pipeline licence is to come into force--on
10
that later day.
11
(2) A pipeline licence remains in force indefinitely.
12
(3) Subsection (2) has effect subject to this Chapter.
13
Note 1:
For the surrender of a pipeline licence, see Part 2.12.
14
Note 2:
For the cancellation of a pipeline licence, see Part 2.13.
15
Note 3:
For the termination of a pipeline licence if there have been no
16
operations for 5 years, see section 183.
17
183 Termination of pipeline licence if no operations for 5 years
18
Termination of licence
19
(1) If a pipeline licence is in force, and the licensee:
20
(a) has not carried out any construction work under the licence at
21
any time during a continuous period of at least 5 years; and
22
(b) has not used the pipeline or a part of the pipeline at any time
23
during a continuous period of at least 5 years;
24
the Joint Authority may, by written notice given to the licensee, tell
25
the licensee that the Joint Authority proposes to:
26
(c) terminate the pipeline licence; or
27
(d) terminate the pipeline licence in relation to the part of the
28
pipeline;
29
Regulation of activities relating to petroleum Chapter 2
Pipeline licences Part 2.6
General provisions Division 1
Section 183
Offshore Petroleum Bill 2005 No. , 2005 187
as the case may be, after the end of 30 days after the notice is
1
given.
2
(2) At any time after the end of 30 days after the notice referred to in
3
subsection (1) is given to the licensee, the Joint Authority may, by
4
written notice given to the licensee:
5
(a) terminate the pipeline licence; or
6
(b) terminate the pipeline licence in relation to the part of the
7
pipeline;
8
as the case may be.
9
Note:
For remedial directions following termination, see section 312.
10
(3) In working out, for the purposes of subsection (1):
11
(a) the period in which a pipeline licensee did not carry out any
12
construction work under the licence; or
13
(b) the period in which a pipeline licensee did not use the
14
pipeline or a part of the pipeline;
15
disregard any period in which construction work was not carried
16
out, or the pipeline or part of the pipeline was not used, as the case
17
may be, because of circumstances beyond the licensee's control.
18
(4) For the purposes of subsection (3), the depletion of recoverable
19
petroleum is not a circumstance beyond the licensee's control.
20
Note:
See also section 249 (compensation for acquisition of property).
21
Consultation
22
(5) The Joint Authority may give a copy of a notice under
23
subsection (1) to such other persons (if any) as the Joint Authority
24
thinks fit.
25
(6) A notice under subsection (1) must:
26
(a) invite a person to whom the notice, or a copy of the notice,
27
has been given to make a written submission to the Joint
28
Authority about the proposal to:
29
(i) terminate the pipeline licence; or
30
(ii) terminate the pipeline licence in relation to the part of
31
the pipeline; and
32
(b) specify a time limit for making that submission.
33
Chapter 2 Regulation of activities relating to petroleum
Part 2.6 Pipeline licences
Division 1 General provisions
Section 184
188 Offshore Petroleum Bill 2005 No. , 2005
Note:
All communications to the Joint Authority are to be made through the
1
Designated Authority--see section 45.
2
(7) In deciding whether to:
3
(a) terminate the pipeline licence; or
4
(b) terminate the pipeline licence in relation to the part of the
5
pipeline;
6
the Joint Authority must take into account any submissions made
7
in accordance with the notice.
8
184 Alteration or removal of pipeline constructed in breach of this
9
Act
10
Scope
11
(1) This section applies if:
12
(a) the construction of a pipeline is started, continued or
13
completed in breach of this Act; or
14
(b) a pipeline is altered or reconstructed in breach of this Act.
15
Direction by Designated Authority
16
(2) The Designated Authority may, by written notice given to
17
whichever of the following persons is applicable:
18
(a) if the construction of the pipeline has been completed--the
19
owner of the pipeline;
20
(b) if the construction of the pipeline has not been completed--
21
the person for whom the pipeline is being constructed;
22
direct the person:
23
(c) to make specified alterations to the pipeline; or
24
(d) to move the pipeline to a specified place in the offshore area;
25
or
26
(e) to remove the pipeline from the offshore area;
27
within the period specified in the direction.
28
(3) The period specified in the direction must be reasonable.
29
Regulation of activities relating to petroleum Chapter 2
Pipeline licences Part 2.6
General provisions Division 1
Section 184
Offshore Petroleum Bill 2005 No. , 2005 189
Designated Authority may take action if direction is not complied
1
with
2
(4) If a person does not comply with a direction under subsection (2)
3
within:
4
(a) the period specified in the direction; or
5
(b) such longer period as the Designated Authority allows;
6
the Designated Authority may do any or all of the things required
7
by the direction to be done.
8
(5) The Designated Authority may allow a longer period under
9
paragraph (4)(b) only on written application made by the person
10
referred to in subsection (4) within the period specified in the
11
direction.
12
Recovery of costs and expenses
13
(6) Costs and expenses incurred by the Designated Authority under
14
subsection (4) are:
15
(a) a debt due to the Commonwealth by the person referred to in
16
that subsection; and
17
(b) recoverable in a court of competent jurisdiction.
18
Chapter 2 Regulation of activities relating to petroleum
Part 2.6 Pipeline licences
Division 2 Obtaining a pipeline licence
Section 185
190 Offshore Petroleum Bill 2005 No. , 2005
1
Division 2--Obtaining a pipeline licence
2
185 Application for pipeline licence
3
(1) A person may apply to the Designated Authority for the grant by
4
the Joint Authority of a pipeline licence.
5
Details
6
(2) An application under this section must be accompanied by details
7
of:
8
(a) the proposed design and construction of the pipeline; and
9
(b) the proposed size and capacity of the pipeline; and
10
(c) the applicant's proposals for work and expenditure in relation
11
to the construction of the pipeline; and
12
(d) the technical qualifications of the applicant and of the
13
applicant's employees; and
14
(e) the technical advice available to the applicant; and
15
(f) the financial resources available to the applicant; and
16
(g) any agreements that the applicant:
17
(i) has entered into; or
18
(ii) proposes to enter into;
19
for, or in relation to, the supply or conveyance of petroleum
20
by means of the pipeline.
21
Plan
22
(3) An application under this section must be accompanied by a plan,
23
drawn to an approved scale, showing:
24
(a) the route to be followed by the pipeline; and
25
(b) the sites of pumping stations, tank stations and valve stations
26
to be used in connection with the pipeline; and
27
(c) the site of any pumping station, tank station or valve station
28
that the applicant wants to be declared under section 14 to be
29
a terminal station in connection with the pipeline.
30
Note 1:
Part 2.10 contains additional provisions about application procedures.
31
Regulation of activities relating to petroleum Chapter 2
Pipeline licences Part 2.6
Obtaining a pipeline licence Division 2
Section 186
Offshore Petroleum Bill 2005 No. , 2005 191
Note 2:
Section 220 requires the application to be accompanied by an
1
application fee.
2
Note 3:
Section 222 enables the Designated Authority to require the applicant
3
to give further information.
4
Note 4:
If a pipeline licensee wants to alter the pipeline, the licensee will need
5
to apply under section 190 for the variation of the licence.
6
186 Rights of production licensees following application for pipeline
7
licences by other persons
8
Application by production licensee
9
(1) If:
10
(a) a person applies for a pipeline licence in relation to the
11
construction of a pipeline for the conveyance of petroleum
12
recovered in a production licence area; and
13
(b) the person is not the production licensee;
14
the production licensee may, within:
15
(c) 90 days after the publication in the Gazette of notice of the
16
application; or
17
(d) such longer period, not more than 180 days, as the
18
Designated Authority allows;
19
apply under section 185 for such a pipeline licence and, in the
20
application, request that the application mentioned in the Gazette
21
notice be rejected.
22
Note:
For publication in the Gazette of notice of the application, see
23
section 418.
24
Rejection of application by other person
25
(2) If a pipeline licence is granted to the production licensee as a result
26
of an application covered by subsection (1), the Joint Authority
27
must, by written notice given to the person mentioned in
28
paragraph (1)(a), reject the application mentioned in
29
paragraph (1)(c).
30
Extension of time
31
(3) The Designated Authority may allow a longer period under
32
paragraph (1)(d) only on written application made by the
33
Chapter 2 Regulation of activities relating to petroleum
Part 2.6 Pipeline licences
Division 2 Obtaining a pipeline licence
Section 187
192 Offshore Petroleum Bill 2005 No. , 2005
production licensee within the period of 90 days mentioned in
1
paragraph (1)(c).
2
187 Grant of pipeline licence--offer document
3
Scope
4
(1) This section applies if an application for a pipeline licence has
5
been made under section 185.
6
Offer document--grant of pipeline licence to person other than
7
production licensee
8
(2) If:
9
(a) the application is for a pipeline licence in relation to the
10
construction in an offshore area of a pipeline for the
11
conveyance of petroleum recovered in a production licence
12
area (whether the licence area is within that, or another,
13
offshore area); and
14
(b) the applicant is not the production licensee; and
15
(c) the application has not been rejected under subsection
16
186(2);
17
the Joint Authority may give the applicant a written notice (called
18
an offer document) telling the applicant that the Joint Authority is
19
prepared to grant the applicant the pipeline licence.
20
Offer document--grant of pipeline licence to production licensee
21
(3) If:
22
(a) the application is for a pipeline licence in relation to the
23
construction of a pipeline for the conveyance of petroleum
24
recovered in a production licence area; and
25
(b) the applicant is the production licensee; and
26
(c) each of the following has been complied with:
27
(i) the conditions to which the production licence is, or has
28
from time to time been, subject;
29
(ii) the provisions of this Chapter, Chapter 3, Chapter 4 and
30
Part 5.1;
31
(iii) the regulations;
32
Regulation of activities relating to petroleum Chapter 2
Pipeline licences Part 2.6
Obtaining a pipeline licence Division 2
Section 187
Offshore Petroleum Bill 2005 No. , 2005 193
the Joint Authority must give the applicant a written notice (called
1
an offer document) telling the applicant that the Joint Authority is
2
prepared to grant the applicant the pipeline licence.
3
(4) If:
4
(a) the application is for a pipeline licence in relation to the
5
construction of a pipeline for the conveyance of petroleum
6
recovered in a production licence area; and
7
(b) the applicant is the production licensee; and
8
(c) any of:
9
(i) the conditions to which the production licence is, or has
10
from time to time been, subject; or
11
(ii) the provisions of this Chapter, Chapter 3, Chapter 4 and
12
Part 5.1; or
13
(iii) the provisions of the regulations;
14
have not been complied with; and
15
(d) the Joint Authority is satisfied that there are sufficient
16
grounds to warrant the granting of the pipeline licence;
17
the Joint Authority may give the applicant a written notice (called
18
an offer document) telling the applicant that the Joint Authority is
19
prepared to grant the applicant the pipeline licence.
20
Offer document--other applications
21
(5) If the application is for a pipeline licence in relation to the
22
construction in an offshore area of a pipeline for the conveyance of
23
petroleum recovered from a place beyond the outer limits of any
24
offshore area, the Joint Authority may give the applicant a written
25
notice (called an offer document) telling the applicant that the
26
Joint Authority is prepared to grant the applicant a pipeline licence.
27
Route to be followed by pipeline
28
(6) An offer document under this section must specify the route to be
29
followed by the pipeline, and that route must be:
30
(a) the route shown in the plan accompanying the application; or
31
(b) if the Joint Authority is of the opinion that, for any reason,
32
that route is not appropriate--a route that, in the opinion of
33
the Joint Authority, is appropriate.
34
Chapter 2 Regulation of activities relating to petroleum
Part 2.6 Pipeline licences
Division 2 Obtaining a pipeline licence
Section 188
194 Offshore Petroleum Bill 2005 No. , 2005
Note 1:
Section 223 sets out additional requirements for offer documents (for
1
example, a requirement that an offer document must contain a
2
summary of conditions).
3
Note 2:
If the applicant breaches a requirement under section 222 to provide
4
further information, the Joint Authority may refuse to give the
5
applicant an offer document--see subsection 222(3).
6
188 Refusal to grant pipeline licence
7
Scope
8
(1) This section applies if an application for a pipeline licence has
9
been made under section 185.
10
Application by licensee of production licence
11
(2) If:
12
(a) the application is for a pipeline licence in relation to the
13
construction of a pipeline for the conveyance of petroleum
14
recovered in a production licence area; and
15
(b) the applicant is the production licensee; and
16
(c) any of:
17
(i) the conditions to which the production licence is, or has
18
from time to time been, subject; or
19
(ii) the provisions of this Chapter, Chapter 3, Chapter 4 and
20
Part 5.1; or
21
(iii) the provisions of the regulations;
22
have not been complied with; and
23
(d) the Joint Authority is not satisfied that there are sufficient
24
grounds to warrant the granting of a pipeline licence;
25
the Joint Authority must, by written notice given to the applicant,
26
refuse to grant the pipeline licence.
27
Note:
Consultation procedures apply--see section 226.
28
Application by a person who is not a production licensee
29
(3) If:
30
(a) the application is for a pipeline licence in relation to the
31
construction of a pipeline for the conveyance of petroleum
32
recovered in a production licence area; and
33
Regulation of activities relating to petroleum Chapter 2
Pipeline licences Part 2.6
Obtaining a pipeline licence Division 2
Section 189
Offshore Petroleum Bill 2005 No. , 2005 195
(b) the applicant is not the production licensee;
1
the Joint Authority may, by written notice given to the applicant,
2
refuse to grant the pipeline licence.
3
189 Grant of pipeline licence
4
If:
5
(a) an applicant has been given an offer document under
6
section 187; and
7
(b) the applicant has made a request under section 224 in relation
8
to the offer document within the period applicable under that
9
section;
10
the Joint Authority must grant the applicant the pipeline licence
11
concerned.
12
Note:
If the applicant does not make a request under section 224 within the
13
period applicable under that section, the application lapses at the end
14
of that period--see subsection 224(4).
15
Chapter 2 Regulation of activities relating to petroleum
Part 2.6 Pipeline licences
Division 3 Varying a pipeline licence
Section 190
196 Offshore Petroleum Bill 2005 No. , 2005
1
Division 3--Varying a pipeline licence
2
190 Variation of pipeline licence on application by licensee
3
(1) A pipeline licensee may apply to the Designated Authority for the
4
variation by the Joint Authority of the licence.
5
(2) An application under this section must:
6
(a) be accompanied by details of the proposed variation; and
7
(b) specify the reasons for the proposed variation.
8
Note 1:
Part 2.10 contains additional provisions about application procedures.
9
Note 2:
Section 220 requires the application to be accompanied by an
10
application fee.
11
Note 3:
Section 222 enables the Designated Authority to require the applicant
12
to give further information.
13
(3) When notice of an application under this section is published in the
14
Gazette, the notice must specify a period within which a person
15
may make a written submission to the Designated Authority about
16
the application.
17
Note:
For publication in the Gazette of notice of the application, see
18
section 418.
19
(4) After considering any submissions made to the Designated
20
Authority under subsection (3), the Joint Authority may, by written
21
notice given to the applicant:
22
(a) vary the pipeline licence to such extent as the Joint Authority
23
thinks necessary; or
24
(b) refuse to vary the pipeline licence.
25
(5) A variation of a pipeline licence under this section takes effect on
26
the day on which notice of the variation is published in the Gazette.
27
Note:
For publication in the Gazette of notice of the variation, see
28
section 418.
29
Regulation of activities relating to petroleum Chapter 2
Pipeline licences Part 2.6
Varying a pipeline licence Division 3
Section 191
Offshore Petroleum Bill 2005 No. , 2005 197
191 Variation of pipeline licence at the request of a Minister or a
1
statutory body
2
Pipeline licence
3
(1) The Joint Authority may, by written notice given to a pipeline
4
licensee, direct the licensee to:
5
(a) make such changes to the design, construction, route or
6
position of the pipeline concerned as are specified in the
7
direction; and
8
(b) make those changes within the period specified in the
9
direction;
10
and, if the Joint Authority gives such a direction, the Joint
11
Authority must vary the pipeline licence in accordance with the
12
direction.
13
(2) The period specified in the direction must be reasonable.
14
(3) A variation of a pipeline licence under this section takes effect on
15
the day on which notice of the variation is published in the Gazette.
16
Note:
For publication in the Gazette of notice of the variation, see
17
section 418.
18
Request by Minister or statutory body
19
(4) The Joint Authority may give a direction under subsection (1) only
20
if:
21
(a) the Joint Authority is requested to do so by:
22
(i) a Minister of the Commonwealth or of a State or the
23
Northern Territory; or
24
(ii) a body established by a law of the Commonwealth or of
25
a State or Territory; and
26
(b) in the Joint Authority's opinion, it is in the public interest to
27
give the direction.
28
Offence
29
(5) A person commits an offence if:
30
(a) the person is subject to a direction under subsection (1); and
31
(b) the person omits to do an act; and
32
Chapter 2 Regulation of activities relating to petroleum
Part 2.6 Pipeline licences
Division 3 Varying a pipeline licence
Section 191
198 Offshore Petroleum Bill 2005 No. , 2005
(c) the omission breaches the direction.
1
Penalty: Imprisonment for 5 years.
2
Recovery of cost of complying with direction
3
(6) If:
4
(a) the Joint Authority gives a direction to a person under
5
subsection (1) in relation to a pipeline in an offshore area;
6
and
7
(b) the person complies with the direction;
8
the person may bring an action in:
9
(c) the Federal Court; or
10
(d) the Supreme Court of, or having jurisdiction in, the State or
11
Territory to which the offshore area relates;
12
against the Minister or body who made the request under
13
subsection (4).
14
(7) The court must:
15
(a) hear the action without a jury; and
16
(b) determine whether it is just that the whole or a part of the
17
reasonable cost of complying with the direction ought to be
18
paid to the plaintiff by the defendant.
19
(8) If the court determines that it is just that such a payment ought to
20
be made, the court must determine the amount of the payment and
21
give judgment accordingly.
22
Regulation of activities relating to petroleum Chapter 2
Pipeline licences Part 2.6
Pipeline operation Division 4
Section 192
Offshore Petroleum Bill 2005 No. , 2005 199
1
Division 4--Pipeline operation
2
192 Common carrier
3
Direction to be a common carrier
4
(1) The Joint Authority may, by written notice given to a pipeline
5
licensee, direct the licensee to be a common carrier of petroleum in
6
relation to the pipeline concerned.
7
(2) If the Joint Authority gives a direction under subsection (1) to a
8
pipeline licensee, the licensee is a common carrier of petroleum in
9
relation to the pipeline concerned.
10
Exceptions
11
(3) Subsection (1) does not apply to a pipeline if:
12
(a) the pipeline is a covered pipeline within the meaning of the
13
Third Party Access Code; or
14
(b) the service provided by means of the pipeline is the subject
15
of a declaration under section 44H of the Trade Practices Act
16
1974; or
17
(c) the service provided by means of the pipeline is the subject
18
of an undertaking accepted by the Australian Competition
19
and Consumer Commission under section 44ZZA of the
20
Trade Practices Act 1974.
21
Application of the Trade Practices Act 1974
22
(4) While a direction under subsection (1) is in force in relation to a
23
pipeline:
24
(a) the pipeline cannot be a covered pipeline within the meaning
25
of the Third Party Access Code; and
26
(b) Part IIIA of the Trade Practices Act 1974 does not apply in
27
relation to any service provided by means of the pipeline.
28
Definition
29
(5) In this section:
30
Chapter 2 Regulation of activities relating to petroleum
Part 2.6 Pipeline licences
Division 4 Pipeline operation
Section 193
200 Offshore Petroleum Bill 2005 No. , 2005
Third Party Access Code means:
1
(a) the National Third Party Access Code for Natural Gas
2
Pipeline Systems, a copy of which, as agreed by the Council
3
of Australian Governments on 7 November 1997, is set out in
4
Schedule 2 to the Gas Pipelines Access (South Australia) Act
5
1997 of South Australia; or
6
(b) if that Code is amended in accordance with Schedule 1 to
7
that Act--that Code as so amended and in force for the time
8
being;
9
as it applies in the area where the pipeline concerned is situated.
10
193 Ceasing to operate pipeline without consent
11
(1) A person commits an offence if:
12
(a) the person is a pipeline licensee in relation to a pipeline; and
13
(b) the person ceases to operate the pipeline.
14
Penalty: Imprisonment for 5 years.
15
(2) Subsection (1) does not apply if the failure of the licensee to
16
operate the pipeline is:
17
(a) with the written consent of the Joint Authority; and
18
(b) in accordance with the conditions (if any) specified in the
19
consent.
20
Note:
The defendant bears an evidential burden in relation to the matter in
21
subsection (2)--see subsection 13.3(3) of the Criminal Code.
22
(3) Subsection (1) does not apply if the failure of the licensee to
23
operate the pipeline was:
24
(a) in the ordinary course of operating the pipeline; or
25
(b) for the purpose of repairing or maintaining the pipeline; or
26
(c) in an emergency in which there was a likelihood of loss or
27
injury.
28
Note:
The defendant bears an evidential burden in relation to the matter in
29
subsection (3)--see subsection 13.3(3) of the Criminal Code.
30
Regulation of activities relating to petroleum Chapter 2
Special prospecting authorities Part 2.7
General provisions Division 1
Section 194
Offshore Petroleum Bill 2005 No. , 2005 201
1
Part 2.7--Special prospecting authorities
2
Division 1--General provisions
3
194 Simplified outline
4
The following is a simplified outline of this Part:
5
·
This Part provides for the grant of special prospecting
6
authorities over blocks in an offshore area.
7
·
A special prospecting authority may be granted over a block
8
so long as no exploration permit, retention lease or production
9
licence is in force over the block.
10
·
A special prospecting authority authorises the holder to carry
11
on petroleum exploration operations in the authority area (but
12
not to make a well).
13
195 Rights conferred by special prospecting authority
14
(1) A special prospecting authority authorises the registered holder, in
15
accordance with the conditions (if any) to which the authority is
16
subject, to carry on, in the authority area, the petroleum exploration
17
operations specified in the authority.
18
(2) A special prospecting authority does not authorise the registered
19
holder to make a well.
20
(3) The rights conferred on the registered holder by subsection (1) are
21
subject to this Act and the regulations.
22
196 Conditions of special prospecting authorities
23
(1) The Designated Authority may grant a special prospecting
24
authority subject to whatever conditions the Designated Authority
25
thinks appropriate.
26
Chapter 2 Regulation of activities relating to petroleum
Part 2.7 Special prospecting authorities
Division 1 General provisions
Section 197
202 Offshore Petroleum Bill 2005 No. , 2005
Note:
See also section 302, which deals with insurance.
1
(2) The conditions (if any) must be specified in the special prospecting
2
authority.
3
197 Duration of special prospecting authority
4
(1) A special prospecting authority comes into force on the day
5
specified in the authority as the day on which the authority is to
6
come into force.
7
(2) A special prospecting authority remains in force for the period
8
specified in the authority.
9
(3) The period specified under subsection (2) must not be longer than
10
180 days.
11
(4) Subsection (2) has effect subject to this Chapter.
12
Note 1:
For the surrender of a special prospecting authority, see Part 2.12.
13
Note 2:
For the cancellation of a special prospecting authority, see Part 2.13.
14
198 Special prospecting authority cannot be transferred
15
A special prospecting authority cannot be transferred.
16
Regulation of activities relating to petroleum Chapter 2
Special prospecting authorities Part 2.7
Obtaining a special prospecting authority Division 2
Section 199
Offshore Petroleum Bill 2005 No. , 2005 203
1
Division 2--Obtaining a special prospecting authority
2
199 Application for special prospecting authority
3
(1) A person may apply to the Designated Authority for the grant of a
4
special prospecting authority over a block or blocks, so long as no
5
exploration permit, retention lease or production licence is in force
6
over that block or any of those blocks.
7
(2) An application under this section must specify:
8
(a) the petroleum exploration operations that the applicant
9
proposes to carry on; and
10
(b) the block or blocks within which the applicant proposes to
11
carry on those operations.
12
Note 1:
Part 2.10 contains additional provisions about application procedures.
13
Note 2:
Section 220 requires the application to be accompanied by an
14
application fee.
15
200 Grant or refusal of special prospecting authority
16
If an application for a special prospecting authority has been made
17
under section 199, the Designated Authority may:
18
(a) grant the applicant a special prospecting authority; or
19
(b) by written notice given to the applicant, refuse to grant a
20
special prospecting authority to the applicant.
21
201 Holders to be informed of the grant of another special
22
prospecting authority
23
Scope
24
(1) This section applies if:
25
(a) a person (the first person) is the registered holder of a special
26
prospecting authority over a block; and
27
Chapter 2 Regulation of activities relating to petroleum
Part 2.7 Special prospecting authorities
Division 2 Obtaining a special prospecting authority
Section 201
204 Offshore Petroleum Bill 2005 No. , 2005
(b) another special prospecting authority is granted to another
1
person (the second person) over the block.
2
Holders to be informed
3
(2) The Designated Authority must, by written notice given to the first
4
person, inform the first person of:
5
(a) the petroleum exploration operations authorised by the
6
special prospecting authority granted to the second person;
7
and
8
(b) the conditions of the special prospecting authority granted to
9
the second person.
10
(3) The Designated Authority must, by written notice given to the
11
second person, inform the second person of:
12
(a) the petroleum exploration operations authorised by the
13
special prospecting authority granted to the first person; and
14
(b) the conditions of the special prospecting authority granted to
15
the first person.
16
Regulation of activities relating to petroleum Chapter 2
Access authorities Part 2.8
General provisions Division 1
Section 202
Offshore Petroleum Bill 2005 No. , 2005 205
1
Part 2.8--Access authorities
2
Division 1--General provisions
3
202 Simplified outline
4
The following is a simplified outline of this Part.
5
·
This Part provides for the grant of access authorities over
6
blocks in an offshore area.
7
·
An access authority authorises the holder to carry on certain
8
petroleum exploration operations, and certain operations
9
relating to the recovery of petroleum, in the authority area (but
10
not to make a well).
11
203 Rights conferred by access authority
12
(1) An access authority authorises the registered holder, in accordance
13
with the conditions (if any) to which the authority is subject, to
14
carry on, in the authority area, the operations specified in the
15
authority.
16
(2) An access authority does not authorise the registered holder to
17
make a well.
18
(3) The rights conferred on the registered holder by subsection (1) are
19
subject to this Act and the regulations.
20
204 Conditions of access authorities
21
(1) The Designated Authority may grant an access authority subject to
22
whatever conditions the Designated Authority thinks appropriate.
23
Note:
See also section 302, which deals with insurance.
24
(2) The conditions (if any) must be specified in the access authority.
25
Chapter 2 Regulation of activities relating to petroleum
Part 2.8 Access authorities
Division 1 General provisions
Section 205
206 Offshore Petroleum Bill 2005 No. , 2005
205 Duration of access authority
1
(1) An access authority comes into force on the day specified in the
2
authority as the day on which the authority is to come into force.
3
(2) An access authority remains in force for the period specified in the
4
authority, but may be extended by the Designated Authority for a
5
further specified period.
6
(3) Subsection (2) has effect subject to this Chapter.
7
Note 1:
For the surrender of an access authority, see Part 2.12.
8
Note 2:
For the revocation of an access authority, see section 214.
9
Regulation of activities relating to petroleum Chapter 2
Access authorities Part 2.8
Obtaining an access authority Division 2
Section 206
Offshore Petroleum Bill 2005 No. , 2005 207
1
Division 2--Obtaining an access authority
2
206 Application for access authority
3
(1) The table has effect:
4
5
Application for access authority
Column 1
Column 2
Column 3
Item
This person...
may apply
to...
for the grant of an access authority
to enable the person to...
1
the registered
holder of an
exploration permit,
retention lease or
production licence
relating to a
particular offshore
area
the
Designated
Authority for
that offshore
area
carry on, in an area that is:
(a) part of that offshore area but
outside the permit area, lease area
or licence area; or
(b) part of an adjoining offshore area;
either or both of the following:
(c) petroleum exploration operations;
(d) operations related to the recovery
of petroleum in or from the permit
area, lease area or licence area.
2
the holder of a State
title or Northern
Territory title who
wants to gain
access to a
particular offshore
area
the
Designated
Authority for
that offshore
area
carry on, in a part of that offshore
area, either or both of the following:
(a) petroleum exploration operations;
(b) operations related to the recovery
of petroleum in or from the area
to which that State title or
Northern Territory title relates.
3
the registered
holder of a special
prospecting
authority relating to
a particular offshore
area
the
Designated
Authority for
that offshore
area
carry on petroleum exploration
operations in an area that is:
(a) part of that offshore area but
outside the authority area of the
special prospecting authority; or
(b) part of an adjoining offshore area.
(2) An application under this section must specify:
6
(a) the operations that the applicant proposes to carry on; and
7
Chapter 2 Regulation of activities relating to petroleum
Part 2.8 Access authorities
Division 2 Obtaining an access authority
Section 207
208 Offshore Petroleum Bill 2005 No. , 2005
(b) the area in which the applicant proposes to carry on those
1
operations.
2
Note:
Part 2.10 contains additional provisions about application procedures.
3
207 Grant or refusal of access authority
4
(1) If:
5
(a) an application for an access authority has been made under
6
section 206; and
7
(b) the Designated Authority is satisfied that it is necessary or
8
desirable to grant the access authority for:
9
(i) the more effective exercise of the applicant's rights; or
10
(ii) the proper performance of the applicant's duties;
11
in the applicant's capacity as:
12
(iii) the registered holder of an exploration permit, retention
13
lease or production licence; or
14
(iv) the holder of a State title or Northern Territory title; or
15
(v) the registered holder of a special prospecting authority;
16
the Designated Authority may:
17
(c) grant the applicant an access authority; or
18
(d) by written notice given to the applicant, refuse to grant an
19
access authority to the applicant.
20
Note:
Consultation procedures apply--see section 208.
21
Adjoining offshore area--approval of other Designated Authority
22
(2) Despite subsection (1), if the application was made in relation to an
23
area that is part of an adjoining offshore area, the Designated
24
Authority may grant the applicant an access authority only with the
25
approval of the Designated Authority for that adjoining offshore
26
area.
27
Note:
Consultation procedures apply--see section 209.
28
208 Consultation--grant of access authority in same offshore area
29
Scope
30
(1) This section applies if:
31
Regulation of activities relating to petroleum Chapter 2
Access authorities Part 2.8
Obtaining an access authority Division 2
Section 208
Offshore Petroleum Bill 2005 No. , 2005 209
(a) an application for an access authority has been made under
1
section 206 in relation to an area (the application area) that
2
is not part of an adjoining offshore area; and
3
(b) the application area is, to any extent, the subject of an
4
exploration permit, retention lease, production licence or
5
special prospecting authority; and
6
(c) the applicant is not the registered holder of the exploration
7
permit, retention lease, production licence or special
8
prospecting authority; and
9
(d) the registered holder of the exploration permit, retention
10
lease, production licence or special prospecting authority has
11
not given written consent to the grant of the access authority.
12
Consultation
13
(2) Before granting the access authority, the Designated Authority
14
must:
15
(a) by written notice given to the registered holder of the
16
exploration permit, retention lease, production licence or
17
special prospecting authority, give at least 30 days notice of
18
the Designated Authority's intention to grant the access
19
authority; and
20
(b) give a copy of the notice to such other persons (if any) as the
21
Designated Authority thinks fit.
22
(3) The notice must:
23
(a) set out details of the access authority that is proposed to be
24
granted; and
25
(b) invite a person to whom the notice, or a copy of the notice,
26
has been given to make a written submission to the
27
Designated Authority about the proposal; and
28
(c) specify a time limit for making that submission.
29
(4) In deciding:
30
(a) whether to grant the access authority; and
31
(b) the conditions (if any) to which the access authority should
32
be subject;
33
the Designated Authority must take into account any submissions
34
made in accordance with the notice.
35
Chapter 2 Regulation of activities relating to petroleum
Part 2.8 Access authorities
Division 2 Obtaining an access authority
Section 209
210 Offshore Petroleum Bill 2005 No. , 2005
209 Consultation--approval of grant of access authority in
1
adjoining offshore area
2
Scope
3
(1) This section applies if:
4
(a) an application for an access authority has been made under
5
section 206 in relation to an area (the application area) that
6
is part of an adjoining offshore area; and
7
(b) the application area is, to any extent, the subject of an
8
exploration permit, retention lease, production licence or
9
special prospecting authority; and
10
(c) the applicant is not the registered holder of the exploration
11
permit, retention lease, production licence or special
12
prospecting authority.
13
Consultation
14
(2) Before approving the grant of the access authority, the Designated
15
Authority for the adjoining offshore area must:
16
(a) by written notice given to the registered holder of the
17
exploration permit, retention lease, production licence or
18
special prospecting authority, give at least 30 days notice of
19
the Designated Authority's intention to approve the grant of
20
the access authority; and
21
(b) give a copy of the notice to such other persons (if any) as the
22
Designated Authority thinks fit.
23
(3) The notice must:
24
(a) set out details of the access authority that is proposed to be
25
granted; and
26
(b) invite a person to whom the notice, or a copy of the notice,
27
has been given to make a written submission to the
28
Designated Authority about the proposal; and
29
(c) specify a time limit for making that submission.
30
(4) In deciding whether to approve the grant of the access authority,
31
the Designated Authority must take into account any submissions
32
made in accordance with the notice.
33
Regulation of activities relating to petroleum Chapter 2
Access authorities Part 2.8
Variation of access authorities Division 3
Section 210
Offshore Petroleum Bill 2005 No. , 2005 211
1
Division 3--Variation of access authorities
2
210 Variation of access authority
3
(1) The Designated Authority may, by written notice given to the
4
registered holder of an access authority, vary the access authority.
5
Adjoining offshore area--approval of other Designated Authority
6
(2) Despite subsection (1), if an access authority was granted as a
7
result of an application under section 206 in relation to an area that
8
is part of an adjoining offshore area, the Designated Authority may
9
vary the access authority only with the approval of the Designated
10
Authority for the adjoining offshore area.
11
211 Consultation--variation of access authority in same offshore
12
area
13
Scope
14
(1) This section applies if:
15
(a) an access authority was granted as a result of an application
16
under section 206 in relation to an area that is not part of an
17
adjoining offshore area; and
18
(b) the Designated Authority proposes to vary the access
19
authority; and
20
(c) the authority area is, to any extent, the subject of an
21
exploration permit, retention lease, production licence or
22
special prospecting authority; and
23
(d) the applicant is not the registered holder of the exploration
24
permit, retention lease, production licence or special
25
prospecting authority; and
26
(e) the registered holder of the exploration permit, retention
27
lease, production licence or special prospecting authority has
28
not given written consent to the variation of the access
29
authority.
30
Chapter 2 Regulation of activities relating to petroleum
Part 2.8 Access authorities
Division 3 Variation of access authorities
Section 212
212 Offshore Petroleum Bill 2005 No. , 2005
Consultation
1
(2) Before varying the access authority, the Designated Authority
2
must:
3
(a) by written notice given to the registered holder of the
4
exploration permit, retention lease, production licence or
5
special prospecting authority, give at least 30 days notice of
6
the Designated Authority's intention to vary the access
7
authority; and
8
(b) give a copy of the notice to:
9
(i) the registered holder of the access authority; and
10
(ii) such other persons (if any) as the Designated Authority
11
thinks fit.
12
(3) The notice must:
13
(a) set out details of the variation that is proposed to be made;
14
and
15
(b) invite a person to whom the notice, or a copy of the notice,
16
has been given to make a written submission to the
17
Designated Authority about the proposal; and
18
(c) specify a time limit for making that submission.
19
(4) In deciding whether to vary the access authority, the Designated
20
Authority must take into account any submissions made in
21
accordance with the notice.
22
212 Consultation--approval of variation of access authority in
23
adjoining offshore area
24
Scope
25
(1) This section applies if:
26
(a) an access authority was granted as a result of an application
27
under section 206 in relation to an area that is part of an
28
adjoining offshore area; and
29
(b) the Designated Authority proposes to vary the access
30
authority; and
31
Regulation of activities relating to petroleum Chapter 2
Access authorities Part 2.8
Variation of access authorities Division 3
Section 212
Offshore Petroleum Bill 2005 No. , 2005 213
(c) the authority area is, to any extent, the subject of an
1
exploration permit, retention lease, production licence or
2
special prospecting authority; and
3
(d) the registered holder of the access authority is not the
4
registered holder of the exploration permit, retention lease,
5
production licence or special prospecting authority.
6
Consultation
7
(2) Before approving the variation of the access authority, the
8
Designated Authority for the adjoining offshore area must:
9
(a) by written notice given to the registered holder of the
10
exploration permit, retention lease, production licence or
11
special prospecting authority, give at least 30 days notice of
12
the Designated Authority's intention to approve the variation
13
of the access authority; and
14
(b) give a copy of the notice to:
15
(i) the registered holder of the access authority; and
16
(ii) such other persons (if any) as the Designated Authority
17
thinks fit.
18
(3) The notice must:
19
(a) set out details of the variation that is proposed to be made;
20
and
21
(b) invite a person to whom the notice, or a copy of the notice,
22
has been given to make a written submission to the
23
Designated Authority about the proposal; and
24
(c) specify a time limit for making that submission.
25
(4) In deciding whether to approve the variation of the access
26
authority, the Designated Authority must take into account any
27
submissions made in accordance with the notice.
28
Chapter 2 Regulation of activities relating to petroleum
Part 2.8 Access authorities
Division 4 Reporting obligations of holders of access authorities
Section 213
214 Offshore Petroleum Bill 2005 No. , 2005
1
Division 4--Reporting obligations of holders of access
2
authorities
3
213 Reporting obligations of holders of access authorities
4
(1) If:
5
(a) at any time during a particular month, an access authority is
6
in force in relation to an area that consists of, or includes, a
7
block that is the subject of an exploration permit, retention
8
lease or production licence; and
9
(b) the registered holder of the access authority is not the
10
registered holder of the permit, lease or licence;
11
the registered holder of the access authority must, within 30 days
12
after the end of that month, give the registered holder of the permit,
13
lease or licence:
14
(c) a written report about the operations carried on in that block
15
during that month; and
16
(d) a written summary of the facts ascertained from those
17
operations.
18
(2) A person commits an offence if:
19
(a) the person is subject to a requirement under subsection (1);
20
and
21
(b) the person omits to do an act; and
22
(c) the omission breaches the requirement.
23
Penalty for contravention of this subsection: 50 penalty units.
24
Regulation of activities relating to petroleum Chapter 2
Access authorities Part 2.8
Revocation of access authorities Division 5
Section 214
Offshore Petroleum Bill 2005 No. , 2005 215
1
Division 5--Revocation of access authorities
2
214 Revocation of access authority
3
(1) The Designated Authority may, by written notice given to the
4
registered holder of an access authority, revoke the access
5
authority.
6
(2) If:
7
(a) the Designated Authority revokes an access authority; and
8
(b) the access authority authorised operations in:
9
(i) an exploration permit area; or
10
(ii) a retention lease area; or
11
(iii) a production licence area;
12
the Designated Authority must give written notice of the
13
revocation to the permittee, lessee or licensee.
14
Chapter 2 Regulation of activities relating to petroleum
Part 2.9 Scientific investigation consents
Section 215
216 Offshore Petroleum Bill 2005 No. , 2005
1
Part 2.9--Scientific investigation consents
2
3
215 Simplified outline
4
The following is a simplified outline of this Part:
5
·
This Part provides for the grant of scientific investigation
6
consents.
7
·
A scientific investigation consent authorises the holder to
8
carry on petroleum exploration operations in the course of a
9
scientific investigation.
10
216 Rights conferred by scientific investigation consent
11
(1) A scientific investigation consent authorises the holder, in
12
accordance with the conditions (if any) to which the consent is
13
subject, to carry on, in the offshore area specified in the consent,
14
the petroleum exploration operations specified in the consent in the
15
course of the scientific investigation specified in the consent.
16
(2) The rights conferred on the holder by subsection (1) are subject to
17
section 243.
18
Note:
Section 243 deals with interference with other rights.
19
217 Conditions of scientific investigation consents
20
(1) The Designated Authority may grant a scientific investigation
21
consent subject to whatever conditions the Designated Authority
22
thinks appropriate.
23
(2) The conditions (if any) must be specified in the consent.
24
218 Grant of scientific investigation consent
25
(1) The Designated Authority may grant a written scientific
26
investigation consent authorising a person to carry on, in the
27
Regulation of activities relating to petroleum Chapter 2
Scientific investigation consents Part 2.9
Section 218
Offshore Petroleum Bill 2005 No. , 2005 217
offshore area, petroleum exploration operations in the course of a
1
scientific investigation.
2
(2) The person is the holder of the consent.
3
Chapter 2 Regulation of activities relating to petroleum
Part 2.10 Standard procedures
Section 219
218 Offshore Petroleum Bill 2005 No. , 2005
1
Part 2.10--Standard procedures
2
3
219 Application to be made in an approved manner
4
Scope
5
(1) This section applies to an application for:
6
(a) the grant or renewal of an exploration permit; or
7
(b) the grant or renewal of a retention lease; or
8
(c) the grant, variation or renewal of a production licence; or
9
(d) the grant or variation of an infrastructure licence; or
10
(e) the grant or variation of a pipeline licence; or
11
(f) the grant of a special prospecting authority; or
12
(g) the grant of an access authority.
13
Manner
14
(2) The application must be made in an approved manner.
15
Note:
See also subsection 33(3A) of the Acts Interpretation Act 1901.
16
220 Application fee
17
Scope
18
(1) This section applies to an application for:
19
(a) the grant or renewal of an exploration permit; or
20
(b) the grant or renewal of a retention lease; or
21
(c) the grant or renewal of a production licence; or
22
(d) the grant or variation of an infrastructure licence; or
23
(e) the grant or variation of a pipeline licence; or
24
(f) the grant of a special prospecting authority.
25
Application fee
26
(2) The application must be accompanied by the fee (if any) prescribed
27
by the regulations.
28
Regulation of activities relating to petroleum Chapter 2
Standard procedures Part 2.10
Section 221
Offshore Petroleum Bill 2005 No. , 2005 219
(3) Different fees may be prescribed for different applications.
1
(4) A fee must not be such as to amount to taxation.
2
(5) To avoid doubt, a fee is in addition to:
3
(a) the amount that a person specifies in an application as the
4
amount that the person is prepared to pay for:
5
(i) a cash-bid exploration permit; or
6
(ii) a special exploration permit; or
7
(iii) a section 153 production licence; and
8
(b) the amount specified in an offer document as the amount that
9
a person must pay for a cash-bid exploration permit; and
10
(c) the balance specified in an offer document as the balance that
11
a person must pay for:
12
(i) a special exploration permit; or
13
(ii) a section 153 production licence.
14
221 Application may set out additional matters
15
Scope
16
(1) This section applies to the following:
17
(a) an application for the grant of an exploration permit
18
(otherwise than by way of renewal);
19
(b) an application for the grant of a retention lease (otherwise
20
than by way of renewal);
21
(c) an application under:
22
(i) section 142, 144 or 150; or
23
(ii) clause 2 or 4 of Schedule 4;
24
for the grant of a production licence;
25
(d) an application for the variation of a production licence;
26
(e) an application for the grant of an infrastructure licence;
27
(f) an application for the grant of a pipeline licence;
28
(g) an application for the grant of an access authority.
29
Chapter 2 Regulation of activities relating to petroleum
Part 2.10 Standard procedures
Section 222
220 Offshore Petroleum Bill 2005 No. , 2005
Additional matters
1
(2) The application may set out any additional matters that the
2
applicant wishes to be considered.
3
222 Designated Authority may require further information
4
Scope
5
(1) This section applies to an application for:
6
(a) the grant of an exploration permit (otherwise than by way of
7
renewal); or
8
(b) the grant or renewal of a retention lease; or
9
(c) the grant of a production licence (otherwise than by way of
10
renewal and otherwise than by way of grant under
11
section 155); or
12
(d) the variation of a production licence; or
13
(e) the grant or variation of an infrastructure licence; or
14
(f) the grant or variation of a pipeline licence.
15
Requirement to give further information
16
(2) The Designated Authority may, by written notice given to the
17
applicant, require the applicant to give the Designated Authority,
18
within the period specified in the notice, further information in
19
connection with the application.
20
Consequences of breach of requirement
21
(3) If the applicant breaches the requirement, the Joint Authority may,
22
by written notice given to the applicant:
23
(a) refuse to consider the application; or
24
(b) refuse to take any action, or any further action, in relation to
25
the application.
26
(4) Subsection (3) has effect despite any provision of this Act that
27
requires the Joint Authority to:
28
(a) consider the application; or
29
(b) take any particular action in relation to the application.
30
Regulation of activities relating to petroleum Chapter 2
Standard procedures Part 2.10
Section 222
Offshore Petroleum Bill 2005 No. , 2005 221
(5) A reference in this section to taking action in relation to the
1
application includes a reference to giving an offer document in
2
relation to the application.
3
Application by permittee or lessee for production licence--notice
4
specifying date on which information was provided
5
(6) If an application for the grant of a production licence has been
6
made under:
7
(a) section 142 or 144; or
8
(b) clause 2 or 4 of Schedule 4;
9
then:
10
(c) if the Designated Authority does not require the applicant to
11
give further information under subsection (2)--the
12
Designated Authority must, within 30 days after the
13
application was made, determine whether or not sufficient
14
information has been received to determine the application;
15
or
16
(d) if the Designated Authority requires the applicant to give
17
further information under subsection (2)--the Designated
18
Authority must, within 30 days after receiving the
19
information, determine whether or not sufficient information
20
has been received to determine the application.
21
(7) If, under subsection (6), the Designated Authority determines that
22
sufficient information has been provided, the Designated Authority
23
must issue the applicant with a notice to that effect specifying the
24
last date on which information was provided.
25
Note:
The date specified in the notice is referred to in paragraph 34A(1)(a)
26
of, and clause 1 of the Schedule to, the Petroleum Resource Rent Tax
27
Assessment Act 1987.
28
(8) The issuing of a notice under subsection (7) does not prevent the
29
Designated Authority from later requiring further information
30
under subsection (2). However, the later requirement does not
31
affect the notice under subsection (7).
32
(9) If an application covered by subsection (6):
33
(a) lapses; or
34
(b) is withdrawn; or
35
Chapter 2 Regulation of activities relating to petroleum
Part 2.10 Standard procedures
Section 223
222 Offshore Petroleum Bill 2005 No. , 2005
(c) is refused;
1
any notice issued under subsection (7) in relation to that
2
application is taken never to have been issued.
3
223 Offer documents
4
Scope
5
(1) This section applies to an offer document that relates to an
6
application for:
7
(a) the grant or renewal of an exploration permit; or
8
(b) the grant or renewal of a retention lease; or
9
(c) the grant or renewal of a production licence; or
10
(d) the grant of an infrastructure licence; or
11
(e) the grant of a pipeline licence.
12
General requirements
13
(2) The offer document must contain:
14
(a) a summary of the conditions to which the permit, lease or
15
licence will be subject; and
16
(b) a statement to the effect that the application will lapse if the
17
applicant does not make a request under section 224.
18
Payment for cash-bid exploration permit
19
(3) If the offer document relates to an application for the grant of a
20
cash-bid exploration permit, the offer document must:
21
(a) specify the amount that the applicant must pay for the permit;
22
and
23
(b) contain a statement to the effect that the application will
24
lapse if the applicant does not pay the amount to the
25
Commonwealth within the period allowed for making a
26
request under section 224.
27
Payment for special exploration permit
28
(4) If the offer document relates to an application for the grant of a
29
special exploration permit, the offer document must:
30
Regulation of activities relating to petroleum Chapter 2
Standard procedures Part 2.10
Section 224
Offshore Petroleum Bill 2005 No. , 2005 223
(a) specify the balance of the amount that the applicant must pay
1
for the permit; and
2
(b) contain a statement to the effect that the application will
3
lapse if the applicant does not pay the balance to the
4
Commonwealth within the period allowed for making a
5
request under section 224.
6
Payment for cash-bid production licence over surrendered blocks
7
etc.
8
(5) If the offer document is given under section 152 to an applicant for
9
a production licence, the offer document must:
10
(a) specify the balance of the amount that the applicant must pay
11
for the licence; and
12
(b) contain a statement to the effect that the application will
13
lapse if the applicant does not pay the balance to the
14
Commonwealth within the period allowed for making a
15
request under section 224.
16
224 Acceptance of offer--request by applicant
17
(1) The table has effect:
18
19
Chapter 2 Regulation of activities relating to petroleum
Part 2.10 Standard procedures
Section 224
224 Offshore Petroleum Bill 2005 No. , 2005
Acceptance of offer by applicant
Item
Column 1
Column 2
Column 3
If an offer
document
relates to an
application for
the grant of...
the applicant may,
within...
by written notice given to
the Designated
Authority, request the
Joint Authority to grant
the applicant...
1
a work-bid
exploration
permit
whichever of the
following periods is
applicable:
(a) 30 days after the offer
document was given
to the applicant;
(b) such longer period,
not more than 60
days after the offer
document was given
to the applicant, as
the Designated
Authority allows;
the permit.
2
a cash-bid
exploration
permit
30 days after the offer
document was given to
the applicant,
the permit.
3
a special
exploration
permit
whichever of the
following periods is
applicable:
(a) 90 days after the offer
document was given
to the applicant;
(b) such longer period,
not more than 180
days after the offer
document was given
to the applicant, as
the Designated
Authority allows;
the permit.
4
the renewal of
an exploration
permit
30 days after the offer
document was given to
the applicant,
the renewal of the permit.
Regulation of activities relating to petroleum Chapter 2
Standard procedures Part 2.10
Section 224
Offshore Petroleum Bill 2005 No. , 2005 225
Acceptance of offer by applicant
Item
Column 1
Column 2
Column 3
If an offer
document
relates to an
application for
the grant of...
the applicant may,
within...
by written notice given to
the Designated
Authority, request the
Joint Authority to grant
the applicant...
5
a retention lease
whichever of the
following periods is
applicable:
(a) 30 days after the offer
document was given
to the applicant;
(b) such longer period,
not more than 60
days after the offer
document was given
to the applicant, as
the Designated
Authority allows;
the lease.
6
the renewal of a
retention lease
30 days after the offer
document was given to
the applicant,
the renewal of the lease.
7
a production
licence
whichever of the
following periods is
applicable:
(a) 90 days after the offer
document was given
to the applicant;
(b) such longer period,
not more than 180
days after the offer
document was given
to the applicant, as
the Designated
Authority allows;
the licence.
8
the renewal of a
production
licence
30 days after the offer
document was given to
the applicant,
the renewal of the licence.
Chapter 2 Regulation of activities relating to petroleum
Part 2.10 Standard procedures
Section 224
226 Offshore Petroleum Bill 2005 No. , 2005
Acceptance of offer by applicant
Item
Column 1
Column 2
Column 3
If an offer
document
relates to an
application for
the grant of...
the applicant may,
within...
by written notice given to
the Designated
Authority, request the
Joint Authority to grant
the applicant...
9
an infrastructure
licence
whichever of the
following periods is
applicable:
(a) 90 days after the offer
document was given
to the applicant;
(b) such longer period,
not more than 180
days after the offer
document was given
to the applicant, as
the Designated
Authority allows;
the licence.
10
a pipeline
licence
whichever of the
following periods is
applicable:
(a) 90 days after the offer
document was given
to the applicant;
(b) such longer period,
not more than 180
days after the offer
document was given
to the applicant, as
the Designated
Authority allows;
the licence.
Longer periods
1
(2) The Designated Authority may allow a longer period under
2
paragraph (b) of column 2 of item 1 or 5 of the table only on
3
written application made by the applicant within the period of 30
4
days mentioned in paragraph (a) of that column.
5
Regulation of activities relating to petroleum Chapter 2
Standard procedures Part 2.10
Section 225
Offshore Petroleum Bill 2005 No. , 2005 227
(3) The Designated Authority may allow a longer period under
1
paragraph (b) of column 2 of item 3, 7, 9 or 10 of the table only on
2
written application made by the applicant within the period of 90
3
days mentioned in paragraph (a) of that column.
4
Application lapses if request not made within the applicable period
5
(4) If an applicant does not make a request under an item of the table
6
within the period applicable under column 2 of the table, the
7
application lapses at the end of that period.
8
225 Acceptance of offer--payment
9
Amount
10
(1) If:
11
(a) an offer document specifies an amount that the applicant
12
must pay to the Commonwealth for the grant of a cash-bid
13
exploration permit; and
14
(b) the applicant has not paid that amount within the period
15
applicable under column 2 of the table in subsection 224(1);
16
the application lapses at the end of that period.
17
Balance
18
(2) If:
19
(a) an offer document specifies the balance of the amount that
20
the applicant must pay to the Commonwealth for the grant of:
21
(i) a special exploration permit; or
22
(ii) a section 153 production licence; and
23
(b) the applicant has not paid that balance within the period
24
applicable under column 2 of the table in subsection 224(1);
25
the application lapses at the end of that period.
26
226 Consultation--adverse decisions
27
Scope
28
(1) This section applies to a decision set out in the table, and the
29
affected person in relation to that decision is set out in the table.
30
Chapter 2 Regulation of activities relating to petroleum
Part 2.10 Standard procedures
Section 226
228 Offshore Petroleum Bill 2005 No. , 2005
1
Decisions and affected persons
Item
Column 1
Column 2
Column 3
Provision
under which
decision is
made
Decision of the Joint
Authority
Affected person
1
section 104
refusal to renew an
exploration permit
the permittee
2
section 125
refusal to grant a
retention lease to a
production licensee
the licensee
3
section 131
refusal to renew a
retention lease
the lessee
4
section 158
refusal to renew a
production licence
the licensee
5
section 188
refusal to grant a pipeline
licence to a production
licensee
the licensee
Consultation
2
(2) Before making the decision, the Joint Authority must:
3
(a) by written notice given to the affected person, give at least 30
4
days notice of the Joint Authority's intention to make the
5
decision; and
6
(b) give a copy of the notice to such other persons (if any) as the
7
Joint Authority thinks fit.
8
(3) The notice must:
9
(a) set out details of the decision that is proposed to be made;
10
and
11
(b) set out the reasons for the proposal; and
12
(c) invite a person to whom the notice, or a copy of the notice,
13
has been given to make a written submission to the Joint
14
Authority about the proposal; and
15
(d) specify a time limit for making that submission.
16
Regulation of activities relating to petroleum Chapter 2
Standard procedures Part 2.10
Section 226
Offshore Petroleum Bill 2005 No. , 2005 229
Note:
All communications to the Joint Authority are to be made through the
1
Designated Authority--see section 45.
2
(4) In deciding whether to make the decision, the Joint Authority must
3
take into account any submissions made in accordance with the
4
notice.
5
Chapter 2 Regulation of activities relating to petroleum
Part 2.11 Variation, suspension and exemption
Division 1 Variation, suspension and exemption decisions relating to exploration
permits, retention leases, production licences, infrastructure licences and pipeline
licences
Section 227
230 Offshore Petroleum Bill 2005 No. , 2005
1
Part 2.11--Variation, suspension and exemption
2
Division 1--Variation, suspension and exemption decisions
3
relating to exploration permits, retention leases,
4
production licences, infrastructure licences and
5
pipeline licences
6
227 Variation, suspension and exemption--conditions of titles
7
When the conditions of a title may be the subject of a variation,
8
suspension or exemption
9
(1) This section applies if an event specified in the table happens, or a
10
circumstance specified in the table exists:
11
12
When the conditions of a title may be the subject of a variation, suspension or
exemption
Item
Title
Event or circumstance
1
an exploration permit,
retention lease, production
licence, infrastructure licence
or pipeline licence
the permittee, lessee or licensee applies
in writing to the Designated Authority
for:
(a) a variation or suspension of any of
the conditions to which the permit,
lease or licence is subject; or
(b) exemption from compliance with any
of the conditions to which the permit,
lease or licence is subject.
2
an exploration permit,
retention lease, production
licence, infrastructure licence
or pipeline licence
the Designated Authority or the Joint
Authority gives a direction or consent to
the permittee, lessee or licensee under:
(a) this Chapter; or
(b) Chapter 4; or
(c) Part 5.1; or
(d) the regulations.
Regulation of activities relating to petroleum Chapter 2
Variation, suspension and exemption Part 2.11
Variation, suspension and exemption decisions relating to exploration permits, retention
leases, production licences, infrastructure licences and pipeline licences Division 1
Section 227
Offshore Petroleum Bill 2005 No. , 2005 231
When the conditions of a title may be the subject of a variation, suspension or
exemption
Item
Title
Event or circumstance
3
an exploration permit or
production licence
the permit or licence is:
(a) partly cancelled; or
(b) partly revoked; or
(c) partly surrendered.
4
a retention lease
the lease is partly revoked.
5
an exploration permit,
retention lease or production
licence
the permittee, lessee or licensee consents
to the making of a determination under
section 245.
6
an exploration permit,
retention lease or production
licence
the permit, lease or licence is taken to
continue in force until the Joint
Authority grants, or refuses to grant, the
renewal of the permit, lease or licence
(see subsections 97(5), 129(5) and
156(6)).
7
a production licence
the licence is varied under clause 7 of
Schedule 4.
8
a production licence
the licensee enters into an agreement
under section 163, or a direction is given
to the licensee under that section.
9
a pipeline licence
a direction is given to the licensee under
section 192.
10
a pipeline licence
the licence is partly cancelled.
11
a pipeline licence
the licence is varied under section 190 or
191.
Variation, suspension or exemption
1
(2) The Joint Authority may, by written notice given to the permittee,
2
lessee or licensee:
3
(a) vary; or
4
(b) suspend; or
5
(c) exempt the permittee, lessee or licensee from compliance
6
with;
7
Chapter 2 Regulation of activities relating to petroleum
Part 2.11 Variation, suspension and exemption
Division 1 Variation, suspension and exemption decisions relating to exploration
permits, retention leases, production licences, infrastructure licences and pipeline
licences
Section 228
232 Offshore Petroleum Bill 2005 No. , 2005
any of the conditions to which the permit, lease, or licence is
1
subject, on such conditions (if any) as are specified in the notice.
2
(3) Subsection (2) does not authorise the giving of a notice to the
3
extent that it would affect:
4
(a) a condition of an exploration permit, retention lease or
5
production licence requiring compliance with the Royalty
6
Act; or
7
(b) the term of an exploration permit, retention lease, production
8
licence, infrastructure licence or pipeline licence.
9
Note:
See also section 228 (extension of term).
10
When variation takes effect
11
(4) A variation of a production licence, infrastructure licence or
12
pipeline licence under this section takes effect on the day on which
13
notice of the variation is published in the Gazette.
14
(5) A variation of an exploration permit or retention lease under this
15
section takes effect on the day on which notice of the variation is
16
given to the permittee or lessee.
17
228 Extension of term of exploration permit or retention lease--
18
suspension or exemption
19
Scope
20
(1) This section applies if, under section 227, the Joint Authority:
21
(a) suspends any of the conditions to which an exploration
22
permit or retention lease is subject; or
23
(b) exempts an exploration permittee or retention lessee from
24
compliance with any of the conditions to which the permit or
25
lease is subject.
26
Extension of term
27
(2) Despite subsection 227(3), if the Joint Authority considers that the
28
circumstances make it reasonable to do so, the Joint Authority may
29
Regulation of activities relating to petroleum Chapter 2
Variation, suspension and exemption Part 2.11
Variation, suspension and exemption decisions relating to exploration permits, retention
leases, production licences, infrastructure licences and pipeline licences Division 1
Section 229
Offshore Petroleum Bill 2005 No. , 2005 233
extend the term of the permit or lease by a period not more than the
1
period of the suspension or exemption.
2
(3) The extension may be:
3
(a) in the notice of suspension or exemption; or
4
(b) by a later written notice given to the permittee or lessee.
5
229 Suspension of rights--exploration permit or retention lease
6
Suspension of rights
7
(1) If the Joint Authority is satisfied that it is necessary to do so in the
8
national interest, the Joint Authority must, by written notice given
9
to an exploration permittee or retention lessee, suspend, either:
10
(a) for a specified period; or
11
(b) indefinitely;
12
any or all of the rights conferred by the permit or lease.
13
Note:
See also section 249 (compensation for acquisition of property).
14
(2) If any rights are suspended under subsection (1), any conditions
15
that must be complied with in the exercise of those rights are also
16
suspended.
17
Termination of suspension
18
(3) The Joint Authority may, by written notice give to the permittee or
19
lessee, terminate a suspension of rights under subsection (1).
20
230 Extension of term of exploration permit or retention lease--
21
suspension of rights
22
Scope
23
(1) This section applies if rights conferred by an exploration permit or
24
retention lease are suspended under section 229.
25
Extension of term
26
(2) The Joint Authority may extend the term of the permit or lease by a
27
period not more than the period of the suspension.
28
Chapter 2 Regulation of activities relating to petroleum
Part 2.11 Variation, suspension and exemption
Division 1 Variation, suspension and exemption decisions relating to exploration
permits, retention leases, production licences, infrastructure licences and pipeline
licences
Section 230
234 Offshore Petroleum Bill 2005 No. , 2005
(3) The extension may be:
1
(a) in the notice of suspension; or
2
(b) by a later written notice given to the permittee or lessee.
3
Regulation of activities relating to petroleum Chapter 2
Variation, suspension and exemption Part 2.11
Variation, suspension and exemption decisions relating to special prospecting
authorities and access authorities Division 2
Section 231
Offshore Petroleum Bill 2005 No. , 2005 235
1
Division 2--Variation, suspension and exemption decisions
2
relating to special prospecting authorities and
3
access authorities
4
231 Variation, suspension and exemption--conditions of special
5
prospecting authorities and access authorities
6
When the conditions of a title may be the subject of a variation,
7
suspension or exemption
8
(1) This section applies if an event specified in the table happens, or a
9
circumstance specified in the table exists:
10
11
When the conditions of a title may be the subject of a variation, suspension or
exemption
Item
Title
Event or circumstance
1
an access authority
an access authority is in force over the
whole or a part of a block that is the
subject of an exploration permit,
retention lease or production licence.
2
an access authority
the Designated Authority varies an
access authority over a block that is the
subject of an exploration permit,
retention lease or production licence.
3
a special prospecting authority
or access authority
the registered holder of the authority
applies in writing to the Designated
Authority for:
(a) a variation or suspension of any of
the conditions to which the authority
is subject; or
(b) exemption from compliance with any
of the conditions to which the
authority is subject.
Chapter 2 Regulation of activities relating to petroleum
Part 2.11 Variation, suspension and exemption
Division 2 Variation, suspension and exemption decisions relating to special
prospecting authorities and access authorities
Section 231
236 Offshore Petroleum Bill 2005 No. , 2005
When the conditions of a title may be the subject of a variation, suspension or
exemption
Item
Title
Event or circumstance
4
a special prospecting authority
or access authority
the Designated Authority gives a
direction or consent to the registered
holder of the authority under:
(a) this Chapter; or
(b) Chapter 4; or
(c) Part 5.1; or
(d) the regulations.
Variation, suspension or exemption
1
(2) The Designated Authority may, by written notice given to the
2
registered holder of the authority:
3
(a) vary; or
4
(b) suspend; or
5
(c) exempt the registered holder from compliance with;
6
any of the conditions to which the authority is subject, on such
7
conditions (if any) as are specified in the notice.
8
Regulation of activities relating to petroleum Chapter 2
Surrender of titles Part 2.12
Surrender of exploration permits, production licences, retention leases, infrastructure
licences and pipeline licences Division 1
Section 232
Offshore Petroleum Bill 2005 No. , 2005 237
1
Part 2.12--Surrender of titles
2
Division 1--Surrender of exploration permits, production
3
licences, retention leases, infrastructure licences
4
and pipeline licences
5
232 Application for consent to surrender title
6
(1) The table has effect:
7
8
Surrender
Item
The registered holder of...
may apply to the Designated
Authority for consent to
surrender...
1
an exploration permit
the permit as to some or all of the
blocks in relation to which the
permit is in force.
2
a production licence
the licence as to some or all of the
blocks in relation to which the
licence is in force.
3
a retention lease
the lease.
4
an infrastructure licence
the licence.
5
a pipeline licence
the licence as to the whole or a part
of the pipeline in relation to which
the licence is in force.
(2) An application under subsection (1) must be in writing.
9
233 Consent to surrender title
10
Scope
11
(1) This section applies if an application is made under section 232 for
12
a consent.
13
Chapter 2 Regulation of activities relating to petroleum
Part 2.12 Surrender of titles
Division 1 Surrender of exploration permits, production licences, retention leases,
infrastructure licences and pipeline licences
Section 233
238 Offshore Petroleum Bill 2005 No. , 2005
Decision
1
(2) The Designated Authority may, by written notice given to the
2
applicant:
3
(a) give consent; or
4
(b) refuse to consent.
5
Criteria
6
(3) The Designated Authority may consent to the surrender sought by
7
the application only if the registered holder of the permit, lease or
8
licence:
9
(a) has paid all fees and amounts payable by the holder under the
10
following Acts:
11
(i) this Act;
12
(ii) the Royalty Act;
13
(iii) the Annual Fees Act;
14
or has made arrangements that are satisfactory to the
15
Designated Authority for the payment of those fees and
16
amounts; and
17
(b) has complied with the conditions to which the permit, lease
18
or licence is subject and with the provisions of:
19
(i) this Chapter; and
20
(ii) Chapter 3; and
21
(iii) Chapter 4; and
22
(iv) Part 5.1; and
23
(v) the regulations; and
24
(c) has:
25
(i) to the satisfaction of the Designated Authority, removed
26
or caused to be removed from the surrender area
27
(defined by subsection (7)) all property brought into the
28
surrender area by any person engaged or concerned in
29
the operations authorised by the permit, lease or licence;
30
or
31
(ii) made arrangements that are satisfactory to the
32
Designated Authority in relation to that property; and
33
(d) has, to the satisfaction of the Designated Authority, plugged
34
or closed off all wells made in the surrender area by any
35
Regulation of activities relating to petroleum Chapter 2
Surrender of titles Part 2.12
Surrender of exploration permits, production licences, retention leases, infrastructure
licences and pipeline licences Division 1
Section 233
Offshore Petroleum Bill 2005 No. , 2005 239
person engaged or concerned in the operations authorised by
1
the permit, lease or licence; and
2
(e) has provided, to the satisfaction of the Designated Authority,
3
for the conservation and protection of the natural resources in
4
the surrender area; and
5
(f) has, to the satisfaction of the Designated Authority, made
6
good any damage to the seabed or subsoil in the surrender
7
area caused by any person engaged or concerned in the
8
operations authorised by the permit, lease or licence;
9
but, if the registered holder has complied with those requirements,
10
the Designated Authority must not unreasonably refuse consent to
11
the surrender.
12
(4) Paragraph (3)(e) has effect subject to:
13
(a) this Chapter; and
14
(b) Chapter 4; and
15
(c) the regulations.
16
Sufficient grounds
17
(5) Despite subsection (3), if:
18
(a) any of:
19
(i) the conditions to which the permit, lease or licence is
20
subject; or
21
(ii) the provisions of this Chapter, Chapter 3, Chapter 4 and
22
Part 5.1; or
23
(iii) the provisions of the regulations;
24
have not been complied with; and
25
(b) the Designated Authority is satisfied that there are sufficient
26
grounds to warrant the giving of consent to the surrender
27
sought by the application;
28
the Designated Authority may give consent under subsection (2) to
29
the surrender sought by the application.
30
Work-bid exploration permit--compliance with work condition
31
(6) For the purposes of this section, if:
32
(a) the application for consent relates to a work-bid exploration
33
permit; and
34
Chapter 2 Regulation of activities relating to petroleum
Part 2.12 Surrender of titles
Division 1 Surrender of exploration permits, production licences, retention leases,
infrastructure licences and pipeline licences
Section 234
240 Offshore Petroleum Bill 2005 No. , 2005
(b) a condition of the permit requires the registered holder to
1
carry out specified work during a period specified in the
2
permit; and
3
(c) the application is made during such a period;
4
the registered holder of the permit is taken not to have complied
5
with the condition unless the holder has completed the work
6
specified for the period mentioned in paragraph (c).
7
Surrender area
8
(7) For the purposes of this section, the surrender area is worked out
9
using the table:
10
11
Surrender area
Item
In the case of a surrender
of...
the surrender area is...
1
an exploration permit or
production licence
the area constituted by the blocks as to
which the permit or licence is proposed
to be surrendered.
2
a retention lease
the lease area.
3
an infrastructure licence
the licence area.
4
a pipeline licence
(a) in the case of the surrender of the
licence as to the whole of the pipeline
in relation to which the licence is in
force--the part of the offshore area in
which the pipeline is constructed; or
(b) in the case of the surrender of the
licence as to a part of the pipeline in
relation to which the licence is in
force--the part of the offshore area in
which the part of the pipeline is
constructed.
234 Surrender of title
12
Scope
13
(1) This section applies if the Designated Authority consents under
14
section 233 to:
15
Regulation of activities relating to petroleum Chapter 2
Surrender of titles Part 2.12
Surrender of exploration permits, production licences, retention leases, infrastructure
licences and pipeline licences Division 1
Section 234
Offshore Petroleum Bill 2005 No. , 2005 241
(a) the surrender, in whole or in part, of:
1
(i) an exploration permit; or
2
(ii) a production licence; or
3
(iii) a pipeline licence; or
4
(b) the surrender of:
5
(i) a retention lease; or
6
(ii) an infrastructure licence.
7
Surrender
8
(2) The registered holder of the permit, lease or licence may, by
9
written notice given to the Designated Authority, surrender the
10
whole or the part, as the case may be, of the permit, lease or
11
licence.
12
When surrender takes effect
13
(3) The surrender takes effect on the day on which notice of the
14
surrender is published in the Gazette.
15
Chapter 2 Regulation of activities relating to petroleum
Part 2.12 Surrender of titles
Division 2 Surrender of special prospecting authorities and access authorities
Section 235
242 Offshore Petroleum Bill 2005 No. , 2005
1
Division 2--Surrender of special prospecting authorities
2
and access authorities
3
235 Surrender of special prospecting authority
4
The registered holder of a special prospecting authority may, by
5
written notice given to the Designated Authority, surrender the
6
special prospecting authority.
7
236 Surrender of access authority
8
The registered holder of an access authority may, by written notice
9
given to the Designated Authority, surrender the access authority.
10
Regulation of activities relating to petroleum Chapter 2
Cancellation of titles Part 2.13
Cancellation of exploration permits, production licences, retention leases, infrastructure
licences and pipeline licences Division 1
Section 237
Offshore Petroleum Bill 2005 No. , 2005 243
1
Part 2.13--Cancellation of titles
2
Division 1--Cancellation of exploration permits,
3
production licences, retention leases,
4
infrastructure licences and pipeline licences
5
237 Grounds for cancellation of title
6
For the purposes of this Division, each of the following is a ground
7
for cancelling an exploration permit, retention lease, production
8
licence, infrastructure licence or pipeline licence:
9
(a) the registered holder has not complied with a condition to
10
which the permit, lease or licence is subject;
11
(b) the registered holder has not complied with a direction given
12
to the holder by the Designated Authority or the Joint
13
Authority under this Chapter, Chapter 4 or Part 5.1;
14
(c) the registered holder has not complied with a provision of:
15
(i) this Chapter; or
16
(ii) Chapter 3; or
17
(iii) Chapter 4; or
18
(iv) Part 5.1; or
19
(v) the regulations;
20
(d) the registered holder has not paid an amount payable by the
21
holder under:
22
(i) this Act; or
23
(ii) the Royalty Act; or
24
(iii) the Annual Fees Act;
25
within the period of 90 days after the day on which the
26
amount became payable.
27
238 Cancellation of title
28
(1) The table has effect:
29
30
Chapter 2 Regulation of activities relating to petroleum
Part 2.13 Cancellation of titles
Division 1 Cancellation of exploration permits, production licences, retention leases,
infrastructure licences and pipeline licences
Section 239
244 Offshore Petroleum Bill 2005 No. , 2005
Cancellation
Item
If there is a ground for
cancelling...
the Joint Authority may, by
written notice given to the
registered holder,...
1
an exploration permit
cancel the permit as to some or all
of the blocks in relation to which
the permit is in force.
2
a retention lease
cancel the lease as to all of the
blocks in relation to which the lease
is in force.
3
a production licence
cancel the licence as to some or all
of the blocks in relation to which
the licence is in force.
4
an infrastructure licence
cancel the licence.
5
a pipeline licence
cancel the pipeline licence as to the
whole or a part of the pipeline in
relation to which the licence is in
force.
Note:
Consultation procedures apply--see section 239.
1
(2) In exercising a power conferred by subsection (1), the Joint
2
Authority must take into account any action taken by the registered
3
holder:
4
(a) to remove the ground of cancellation; or
5
(b) to prevent the recurrence of similar grounds.
6
(3) A cancellation takes effect on the day on which notice of the
7
cancellation is published in the Gazette.
8
239 Consultation
9
(1) Before making a decision under subsection 238(1), the Joint
10
Authority must:
11
(a) by written notice given to the registered holder, give at least
12
30 days notice of the Joint Authority's intention to make the
13
decision; and
14
(b) give a copy of the notice to such other persons (if any) as the
15
Joint Authority thinks fit.
16
Regulation of activities relating to petroleum Chapter 2
Cancellation of titles Part 2.13
Cancellation of exploration permits, production licences, retention leases, infrastructure
licences and pipeline licences Division 1
Section 240
Offshore Petroleum Bill 2005 No. , 2005 245
(2) The notice must:
1
(a) set out details of the decision that is proposed to be made;
2
and
3
(b) set out the reasons for the proposal; and
4
(c) invite a person to whom the notice, or a copy of the notice,
5
has been given to make a written submission to the Joint
6
Authority about the proposal; and
7
(d) specify a time limit for making that submission.
8
Note:
All communications to the Joint Authority are to be made through the
9
Designated Authority--see section 45.
10
(3) In deciding whether to make the decision, the Joint Authority must
11
take into account any submissions made in accordance with the
12
notice.
13
240 Cancellation of title not affected by other provisions
14
Cancellation on ground of non-compliance
15
(1) If:
16
(a) the registered holder of an exploration permit, retention lease,
17
production licence, infrastructure licence or pipeline licence
18
has not complied with a provision of:
19
(i) this Chapter; or
20
(ii) Chapter 3; or
21
(iii) Chapter 4; or
22
(iv) Part 5.1; or
23
(v) the regulations; and
24
(b) the holder has been convicted of an offence relating to that
25
non-compliance;
26
the Joint Authority may exercise a power of cancellation under
27
subsection 238(1) on the ground of that non-compliance, even
28
though the holder has been convicted of that offence.
29
(2) If:
30
(a) a person who was the registered holder of an exploration
31
permit, retention lease, production licence, infrastructure
32
Chapter 2 Regulation of activities relating to petroleum
Part 2.13 Cancellation of titles
Division 1 Cancellation of exploration permits, production licences, retention leases,
infrastructure licences and pipeline licences
Section 240
246 Offshore Petroleum Bill 2005 No. , 2005
licence or pipeline licence has not complied with a provision
1
of:
2
(i) this Chapter; or
3
(ii) Chapter 3; or
4
(iii) Chapter 4; or
5
(iv) Part 5.1; or
6
(v) the regulations; and
7
(b) the Joint Authority has exercised a power of cancellation
8
under subsection 238(1) on the ground of that
9
non-compliance;
10
the person may be convicted of an offence relating to the
11
non-compliance, even though the Joint Authority has exercised that
12
power of cancellation.
13
Cancellation on ground of non-payment
14
(3) If:
15
(a) the registered holder of an exploration permit, retention lease,
16
production licence, infrastructure licence or pipeline licence
17
has not paid an amount payable by the holder under:
18
(i) this Act; or
19
(ii) the Royalty Act; or
20
(iii) the Annual Fees Act;
21
within the period of 90 days after the day on which the
22
amount became payable; and
23
(b) either:
24
(i) judgment for the amount has been obtained; or
25
(ii) the amount, or any part of the amount, has been paid or
26
recovered;
27
the Joint Authority may exercise a power of cancellation under
28
subsection 238(1) on the ground of that non-payment, even though:
29
(c) judgment for the amount has been obtained; or
30
(d) the amount, or a part of the amount, has been paid or
31
recovered.
32
(4) If:
33
Regulation of activities relating to petroleum Chapter 2
Cancellation of titles Part 2.13
Cancellation of exploration permits, production licences, retention leases, infrastructure
licences and pipeline licences Division 1
Section 240
Offshore Petroleum Bill 2005 No. , 2005 247
(a) a person who was the registered holder of an exploration
1
permit, retention lease, production licence, infrastructure
2
licence or pipeline licence has not paid an amount payable by
3
the person under:
4
(i) this Act; or
5
(ii) the Royalty Act; or
6
(iii) the Annual Fees Act;
7
within the period of 90 days after the day on which the
8
amount became payable; and
9
(b) the Joint Authority has exercised a power of cancellation
10
under subsection 238(1) on the ground of that non-payment;
11
the person continues to be liable to pay:
12
(c) that amount; and
13
(d) any late payment penalty relating to that amount;
14
even though the Joint Authority has exercised that power of
15
cancellation.
16
Chapter 2 Regulation of activities relating to petroleum
Part 2.13 Cancellation of titles
Division 2 Cancellation of special prospecting authorities
Section 241
248 Offshore Petroleum Bill 2005 No. , 2005
1
Division 2--Cancellation of special prospecting authorities
2
241 Cancellation of special prospecting authority
3
The Designated Authority may, by written notice given to the
4
registered holder of a special prospecting authority, cancel the
5
special prospecting authority if the holder has breached a condition
6
of the special prospecting authority.
7
Regulation of activities relating to petroleum Chapter 2
Other provisions Part 2.14
Section 242
Offshore Petroleum Bill 2005 No. , 2005 249
1
Part 2.14--Other provisions
2
3
242 Reservation of blocks
4
(1) If the following conditions are satisfied in relation to a particular
5
block:
6
(a) there is no exploration permit, retention lease or production
7
licence over the block;
8
(b) there is no place in the block that is an infrastructure licence
9
area;
10
(c) there is no pipeline over or in the block;
11
(d) there are no pending applications for the grant of an
12
exploration permit or production licence over the block;
13
(e) there are no pending applications for the grant of an
14
infrastructure licence relating to a place in the block;
15
(f) there are no pending applications for the grant of a pipeline
16
licence relating to a pipeline or proposed pipeline over or in
17
the block;
18
the Joint Authority may, by notice published in the Gazette, declare
19
that:
20
(g) the block is not to be the subject of an exploration permit,
21
retention lease, production licence, special prospecting
22
authority or access authority; and
23
(h) an infrastructure licence is not to be granted in relation to a
24
place within the block; and
25
(i) a pipeline licence is not to be granted in relation to a pipeline
26
over or in the block.
27
(2) If a declaration under subsection (1) is in force in relation to a
28
block:
29
(a) an exploration permit, retention lease, production licence,
30
special prospecting authority or access authority must not be
31
granted over that block; and
32
(b) an infrastructure licence must not be granted in relation to a
33
place within that block; and
34
Chapter 2 Regulation of activities relating to petroleum
Part 2.14 Other provisions
Section 243
250 Offshore Petroleum Bill 2005 No. , 2005
(c) a pipeline licence must not be granted in relation to a pipeline
1
over or in that block.
2
(3) Subsection (2) has effect despite any other provision of this Act.
3
243 Interference with other rights
4
Scope
5
(1) This section applies to the following:
6
(a) an exploration permit;
7
(b) a retention lease;
8
(c) a production licence;
9
(d) an infrastructure licence;
10
(e) a pipeline licence;
11
(f) a special prospecting authority;
12
(g) an access authority;
13
(h) a scientific investigation consent.
14
Requirement
15
(2) A person (the first person) carrying on activities in an offshore
16
area under the permit, lease, licence, authority or consent must
17
carry on those activities in a manner that does not interfere with:
18
(a) navigation; or
19
(b) fishing; or
20
(c) the conservation of the resources of the sea and seabed; or
21
(d) any activities of another person being lawfully carried on by
22
way of:
23
(i) exploration for, recovery of or conveyance of a mineral
24
(whether petroleum or not); or
25
(ii) construction or operation of a pipeline; or
26
(e) the enjoyment of native title rights and interests (within the
27
meaning of the Native Title Act 1993);
28
to a greater extent than is necessary for the reasonable exercise of
29
the rights and performance of the duties of the first person.
30
Regulation of activities relating to petroleum Chapter 2
Other provisions Part 2.14
Section 244
Offshore Petroleum Bill 2005 No. , 2005 251
Offence
1
(3) A person commits an offence if:
2
(a) the person is subject to a requirement under subsection (2);
3
and
4
(b) the person engages in conduct; and
5
(c) the person's conduct breaches the requirement.
6
Penalty for a contravention of this subsection: 100 penalty units.
7
244 No conditions about payment of money
8
(1) There must not be included in:
9
(a) an exploration permit; or
10
(b) a retention lease; or
11
(c) a production licence; or
12
(d) an infrastructure licence; or
13
(e) a pipeline licence; or
14
(f) any other instrument under this Act;
15
a condition requiring the payment of money to the Designated
16
Authority, the Joint Authority or the Commonwealth.
17
(2) Subsection (1) does not apply to an amount payable under the
18
Royalty Act.
19
245 Certain portions of blocks to be blocks
20
Scope
21
(1) This section applies if the area in relation to which a title is in force
22
includes one or more portions of a section 16 block.
23
Note:
This would be the case if the boundaries of a title area do not conform
24
to the graticular system established by this Act.
25
Portion of a block to be a block
26
(2) For the purposes of this Act:
27
(a) the area of that portion or those portions constitutes a block
28
(a type A block); and
29
Chapter 2 Regulation of activities relating to petroleum
Part 2.14 Other provisions
Section 245
252 Offshore Petroleum Bill 2005 No. , 2005
(b) the area of the remaining portion or portions of the section 16
1
block (but not including any part of that area in relation to
2
which another title is in force) constitutes a block (a type B
3
block).
4
Amalgamation of portions of blocks
5
(3) If a title ceases to be in force in relation to a type A block (the first
6
type A block), the Designated Authority may, by written
7
instrument, if the Designated Authority considers it desirable to do
8
so, determine that the first type A block be amalgamated with:
9
(a) another type A block or blocks, so long as the following
10
conditions are satisfied in relation to the other type A block
11
or blocks:
12
(i) the other type A block or blocks form part of the
13
graticular section of which the first type A block forms
14
part;
15
(ii) an exploration permit, retention lease or production
16
licence is in force in relation to the other type A block
17
or blocks; or
18
(b) both:
19
(i) another type A block or blocks covered by
20
paragraph (a); and
21
(ii) a type B block that forms part of the graticular section
22
of which the first type A block forms part.
23
(4) If a determination is made under subsection (3), then, for the
24
purposes of this Act:
25
(a) the blocks the subject of the determination cease to constitute
26
blocks; and
27
(b) the areas of those blocks together constitute a block; and
28
(c) the block constituted as a result of the determination is,
29
subject to this Act, for the remainder of the term of the
30
permit, lease or licence concerned, a block in relation to
31
which the permit, lease or licence is in force.
32
(5) The Designated Authority must not make a determination under
33
subsection (3) except with the consent of the permittee, lessee or
34
licensee concerned.
35
Regulation of activities relating to petroleum Chapter 2
Other provisions Part 2.14
Section 246
Offshore Petroleum Bill 2005 No. , 2005 253
Definitions
1
(6) In this section:
2
section 16 block means a block constituted as provided by
3
section 16.
4
title means:
5
(a) an exploration permit; or
6
(b) a retention lease; or
7
(c) a production licence; or
8
(d) a prescribed instrument.
9
246 Changes to, or reassessment of the location of, the baseline of
10
Australia's territorial sea
11
Change or reassessment results in an area ceasing to be within the
12
offshore area of a State or Territory
13
(1) If:
14
(a) a Commonwealth title has been granted on the basis that an
15
area (the first area) is within the offshore area of a State or
16
the Northern Territory; and
17
(b) either:
18
(i) the baseline of Australia's territorial sea changes; or
19
(ii) because new data are obtained or existing data are
20
reconsidered, the location of the baseline is reassessed;
21
and
22
(c) as a result of the change to, or reassessment of the location
23
of, the baseline, the first area:
24
(i) ceases to be within the offshore area of the State or
25
Territory; and
26
(ii) falls within the coastal waters of the State or Territory;
27
this Act applies in relation to the Commonwealth title as if the first
28
area were still within the offshore area in relation to the State or
29
Territory.
30
(2) Subsection (1) continues to apply to the first area only while the
31
Commonwealth title remains in force.
32
Chapter 2 Regulation of activities relating to petroleum
Part 2.14 Other provisions
Section 246
254 Offshore Petroleum Bill 2005 No. , 2005
Change or reassessment results in an area ceasing to be within the
1
coastal waters of a State or Territory
2
(3) If:
3
(a) a State/Territory title has been granted by a State or the
4
Northern Territory on the basis that an area (the second area)
5
is within the coastal waters of the State or Territory; and
6
(b) either:
7
(i) the baseline of Australia's territorial sea changes; or
8
(ii) because new data are obtained or existing data are
9
reconsidered, the location of the baseline is reassessed;
10
and
11
(c) as a result of the change to, or reassessment of the location
12
of, the baseline, the second area:
13
(i) ceases to be within the coastal waters of the State or
14
Territory; and
15
(ii) falls within the offshore area of the State or Territory;
16
then, so far as the State/Territory title is concerned, this Act does
17
not apply to the second area.
18
(4) Subsection (3) continues to apply to the second area only while the
19
State/Territory title remains in force.
20
Application
21
(5) This section applies to a change in the baseline, or a reassessment
22
of the location of the baseline, whether occurring before, at or after
23
the commencement of this section.
24
Definitions
25
(6) In this section:
26
Commonwealth title means:
27
(a) an exploration permit; or
28
(b) a retention lease; or
29
(c) a production licence; or
30
(d) an infrastructure licence; or
31
(e) a pipeline licence.
32
Regulation of activities relating to petroleum Chapter 2
Other provisions Part 2.14
Section 247
Offshore Petroleum Bill 2005 No. , 2005 255
State/Territory title means an instrument under a law of a State or
1
the Northern Territory that confers, in relation to the coastal waters
2
of the State or Territory, some or all of the rights that a
3
Commonwealth title confers in relation to the offshore area of the
4
State or Territory.
5
247 Notification of discovery of petroleum
6
Scope
7
(1) This section applies if petroleum is discovered in an exploration
8
permit area or a retention lease area.
9
Notification
10
(2) The permittee or lessee must immediately inform the Designated
11
Authority of the discovery.
12
(3) The permittee or lessee must, within 3 days after the date of the
13
discovery, give the Designated Authority a written notice setting
14
out details of the discovery.
15
Offence
16
(4) A person commits an offence if:
17
(a) the person is subject to a requirement under subsection (2) or
18
(3); and
19
(b) the person omits to do an act; and
20
(c) the omission breaches the requirement.
21
Penalty for a contravention of this subsection: 100 penalty units.
22
248 Property in petroleum
23
Scope
24
(1) This section applies if:
25
(a) petroleum is recovered by an exploration permittee in the
26
permit area; or
27
(b) petroleum is recovered by a retention lessee in the lease area;
28
or
29
Chapter 2 Regulation of activities relating to petroleum
Part 2.14 Other provisions
Section 249
256 Offshore Petroleum Bill 2005 No. , 2005
(c) petroleum is recovered by a production licensee in the licence
1
area.
2
Property
3
(2) The petroleum becomes the property of the permittee, lessee or
4
licensee.
5
(3) The petroleum is not subject to any rights of other persons (other
6
than a person to whom the permittee, lessee or licensee transfers,
7
assigns or otherwise disposes of the petroleum or an interest in the
8
petroleum).
9
(4) Subsections (2) and (3) have effect subject to this Act.
10
Note:
See also Division 3 of Part 1.2 (which deals with apportionment of
11
petroleum recovered from adjoining title areas).
12
249 Compensation for acquisition of property
13
(1) If:
14
(a) the operation of:
15
(i) subsection 139(1); or
16
(ii) subsection 140(4); or
17
(iii) subsection 169(4); or
18
(iv) subsection 183(4); or
19
(v) section 229;
20
would result in the acquisition of property otherwise than on
21
just terms; and
22
(b) the acquisition would not be valid, apart from this subsection,
23
because a particular person has not been compensated;
24
the Commonwealth is liable to pay a reasonable amount of
25
compensation to the person.
26
(2) If the Commonwealth and the person do not agree on the amount
27
of the compensation, the person may institute proceedings in the
28
Federal Court for the recovery from the Commonwealth of such
29
reasonable amount of compensation as the court determines.
30
(3) In this section:
31
Regulation of activities relating to petroleum Chapter 2
Other provisions Part 2.14
Section 249
Offshore Petroleum Bill 2005 No. , 2005 257
acquisition of property has the same meaning as in paragraph
1
51(xxxi) of the Constitution.
2
just terms has the same meaning as in paragraph 51(xxxi) of the
3
Constitution.
4
Chapter 3 Registration and dealings
Part 3.1 Introduction
Section 250
258 Offshore Petroleum Bill 2005 No. , 2005
1
Chapter 3--Registration and dealings
2
Part 3.1--Introduction
3
4
250 Simplified outline
5
The following is a simplified outline of this Chapter:
6
·
The Designated Authority must keep a Register of titles and
7
special prospecting authorities.
8
·
A transfer of title must be approved by the Designated
9
Authority, and an instrument of transfer must be registered
10
under this Part.
11
·
A dealing in a title must be approved by the Designated
12
Authority, and the approval must be entered in the Register.
13
251 Definition
14
In this Chapter:
15
title means:
16
(a) an exploration permit; or
17
(b) a retention lease; or
18
(c) a production licence; or
19
(d) an infrastructure licence; or
20
(e) a pipeline licence; or
21
(f) an access authority.
22
252 Dealing--series of debentures
23
For the purposes of this Chapter, if a dealing forms a part of the
24
issue of a series of debentures, all of the dealings constituting the
25
issue of that series of debentures are taken to be one dealing.
26
Registration and dealings Chapter 3
Register of titles and special prospecting authorities Part 3.2
Section 253
Offshore Petroleum Bill 2005 No. , 2005 259
1
Part 3.2--Register of titles and special prospecting
2
authorities
3
4
253 Register to be kept
5
The Designated Authority for an offshore area must keep a
6
Register of:
7
(a) titles; and
8
(b) special prospecting authorities;
9
relating to the offshore area.
10
254 Entries in Register--general
11
Memorial
12
(1) The Designated Authority must enter in the Register a memorial
13
for each title and special prospecting authority.
14
(2) The memorial must comply with the table:
15
16
Content of memorial
Item
In the case of...
the memorial must...
1
a title or special
prospecting authority
specify the name of the holder of the title or
special prospecting authority.
2
an exploration permit,
retention lease,
production licence,
special prospecting
authority or access
authority
set out an accurate description (including, where
convenient, a map) of the permit area, lease area,
licence area or authority area.
3
an infrastructure
licence
set out details of the licence area.
4
a pipeline licence
set out an accurate description of the route of the
pipeline.
5
a title or special
prospecting authority
specify the term of the title or special prospecting
authority.
Chapter 3 Registration and dealings
Part 3.2 Register of titles and special prospecting authorities
Section 254
260 Offshore Petroleum Bill 2005 No. , 2005
Content of memorial
Item
In the case of...
the memorial must...
6
a title or special
prospecting authority
set out such other matters and things as are
required by this Act to be entered in the Register.
7
a title or special
prospecting authority
set out such further matters relating to the
registered holder, or to the conditions of the title
or special prospecting authority, as the
Designated Authority thinks proper and expedient
in the public interest.
(3) The Designated Authority must enter in the Register a memorial
1
of:
2
(a) a notice or instrument:
3
(i) varying; or
4
(ii) cancelling (to any extent); or
5
(iii) surrendering (to any extent); or
6
(iv) otherwise affecting;
7
a title or special prospecting authority; or
8
(b) a notice under subsection 163(5), (6) or (7); or
9
(c) a notice or instrument varying or revoking a notice or
10
instrument referred to in paragraph (a) or (b).
11
Note 1:
Subparagraph (a)(iv) would cover, for example, a notice terminating a
12
production licence, infrastructure licence or pipeline licence, or a
13
notice revoking a retention lease or access authority.
14
Note 2:
Subsections 163(5), (6) and (7) deal with unit development.
15
Copy of title may be entered instead of memorial
16
(4) It is a sufficient compliance with the requirements of
17
subsection (1), (2) or (3) if the Designated Authority enters a copy
18
of the title, special prospecting authority, notice or instrument in
19
the Register.
20
Date of entry to be endorsed
21
(5) The Designated Authority must endorse on:
22
(a) the memorial; or
23
Registration and dealings Chapter 3
Register of titles and special prospecting authorities Part 3.2
Section 255
Offshore Petroleum Bill 2005 No. , 2005 261
(b) the copy of the title, special prospecting authority, notice or
1
instrument;
2
a memorandum of the date on which the memorial or copy was
3
entered in the Register.
4
255 Entry in Register--cessation, revocation or expiry of title
5
If an event specified in the table happens, the Designated Authority
6
must enter in the Register a memorial of the fact.
7
8
Cessation of title etc.
Item
Event
1
An exploration permit or retention lease ceases to be in
force over a block in relation to which a production
licence is granted.
2
An exploration permit ceases to be in force over a
block in relation to which a retention lease is granted.
3
An exploration permit is wholly or partly revoked.
4
A retention lease is wholly or partly revoked otherwise
than under section 134.
5
An exploration permit, retention lease, production
licence, special prospecting authority or access
authority expires.
Chapter 3 Registration and dealings
Part 3.3 Transfer of titles
Section 256
262 Offshore Petroleum Bill 2005 No. , 2005
1
Part 3.3--Transfer of titles
2
3
256 Approval and registration of transfers
4
A transfer of a title is of no force until:
5
(a) it has been approved by the Designated Authority; and
6
(b) an instrument of transfer is registered as provided by this
7
Part.
8
257 Application for approval of transfer
9
(1) One of the parties to a proposed transfer of a title may apply to the
10
Designated Authority for approval of the transfer.
11
(2) The application must be in writing.
12
258 Documents to accompany application
13
An application for approval of a transfer must be accompanied by:
14
(a) an instrument of transfer in the prescribed form executed by:
15
(i) the registered holder or, if there are 2 or more registered
16
holders, by each registered holder; and
17
(ii) the transferee or, if there are 2 or more transferees, by
18
each transferee; and
19
(b) if the transferee, or one or more of the transferees, is not a
20
registered holder or are not registered holders of the title--a
21
document setting out:
22
(i) the technical qualifications of that transferee or those
23
transferees; and
24
(ii) details of the technical advice that is or will be available
25
to that transferee or those transferees; and
26
(iii) details of the financial resources that are or will be
27
available to that transferee or those transferees; and
28
(c) a copy of each of the following:
29
(i) the application;
30
(ii) the instrument referred to in paragraph (a);
31
Registration and dealings Chapter 3
Transfer of titles Part 3.3
Section 259
Offshore Petroleum Bill 2005 No. , 2005 263
(iii) the document referred to in paragraph (b).
1
259 Time limit for application
2
(1) An application for approval of a transfer must be made within:
3
(a) 90 days after the day on which the party who last executed
4
the instrument of transfer so executed the instrument of
5
transfer; or
6
(b) such longer period as the Designated Authority allows.
7
(2) The Designated Authority may allow a longer period under
8
paragraph (1)(b) only if there are sufficient grounds to warrant
9
allowing the longer period.
10
260 Date of application to be entered in Register
11
If an application is made for approval of a transfer, the Designated
12
Authority:
13
(a) must enter a memorandum in the Register of the date on
14
which the application was lodged; and
15
(b) may make such other notation in the Register as the
16
Designated Authority considers appropriate.
17
261 Approval of transfer
18
Scope
19
(1) This section applies if an application is made for approval of a
20
transfer.
21
Decision
22
(2) The Designated Authority must:
23
(a) approve the transfer; or
24
(b) refuse to approve the transfer.
25
(3) The Designated Authority must, by written notice given to the
26
applicant, notify the applicant of the Designated Authority's
27
decision.
28
Chapter 3 Registration and dealings
Part 3.3 Transfer of titles
Section 262
264 Offshore Petroleum Bill 2005 No. , 2005
(4) If the Designated Authority refuses to approve the transfer, the
1
Designated Authority must make a notation of the refusal in the
2
Register.
3
262 Registration of transfer
4
Scope
5
(1) This section applies if the Designated Authority approves the
6
transfer of a title.
7
Endorsement
8
(2) The Designated Authority must immediately endorse on:
9
(a) the instrument of transfer; and
10
(b) the copy of the instrument of transfer;
11
a memorandum of approval.
12
(3) On payment of the fee provided for in the Registration Fees Act,
13
the Designated Authority must enter in the Register a
14
memorandum of:
15
(a) the transfer; and
16
(b) the name of the transferee or of each transferee.
17
(4) On the entry in the Register of the memorandum:
18
(a) the transfer is taken to be registered; and
19
(b) the transferee becomes the registered holder, or the
20
transferees become the registered holders, of the title.
21
(5) If the transfer is registered:
22
(a) the copy of the instrument of transfer endorsed with the
23
memorandum of approval must be:
24
(i) retained by the Designated Authority; and
25
(ii) made available for inspection in accordance with this
26
Chapter; and
27
(b) the instrument of transfer endorsed with the memorandum of
28
approval must be returned to the person who applied for
29
approval of the transfer.
30
Registration and dealings Chapter 3
Transfer of titles Part 3.3
Section 263
Offshore Petroleum Bill 2005 No. , 2005 265
263 Instrument of transfer does not create an interest in the title
1
The mere execution of an instrument of transfer of a title creates no
2
interest in the title.
3
264 Limit on effect of approval of transfers
4
The approval of a transfer of a title does not give to the transfer any
5
force, effect or validity that the transfer would not have had if this
6
Chapter had not been enacted.
7
Chapter 3 Registration and dealings
Part 3.4 Devolution of title
Section 265
266 Offshore Petroleum Bill 2005 No. , 2005
1
Part 3.4--Devolution of title
2
3
265 Application to have name entered on the Register as the holder
4
of a title
5
(1) If the rights of the registered holder of a particular title have
6
devolved on a person by operation of law, the person may apply to
7
the Designated Authority to have the person's name entered in the
8
Register as the holder of the title.
9
(2) The application must be in writing.
10
266 Entry of name in the Register
11
Scope
12
(1) This section applies if an application is made under section 265 in
13
relation to a title.
14
Entry in Register
15
(2) If:
16
(a) the Designated Authority is satisfied that the rights of the
17
holder have devolved on the applicant by operation of law;
18
and
19
(b) the applicant has paid the prescribed fee;
20
the Designated Authority must enter the name of the applicant in
21
the Register as the holder of the title.
22
(3) On that entry being made, the applicant becomes the registered
23
holder of the title.
24
Registration and dealings Chapter 3
Change in name of company Part 3.5
Section 267
Offshore Petroleum Bill 2005 No. , 2005 267
1
Part 3.5--Change in name of company
2
3
267 Application to have new name entered on the Register
4
(1) If:
5
(a) a company is the registered holder of a particular title; and
6
(b) the company has changed its name;
7
the company may apply to the Designated Authority to have its
8
new name substituted for its previous name in the Register in
9
relation to that title.
10
(2) The application must be in writing.
11
268 Alteration in the Register
12
Scope
13
(1) This section applies if a company applies under section 267 to have
14
its new name substituted for its previous name in the Register in
15
relation to a particular title.
16
Alteration
17
(2) If:
18
(a) the Designated Authority is satisfied that the company has
19
changed its name; and
20
(b) the company has paid the prescribed fee;
21
the Designated Authority must make the necessary alterations in
22
the Register.
23
Chapter 3 Registration and dealings
Part 3.6 Dealings relating to existing titles
Section 269
268 Offshore Petroleum Bill 2005 No. , 2005
1
Part 3.6--Dealings relating to existing titles
2
3
269 Dealings to which this Part applies
4
This Part applies to a dealing (other than a transfer of a title) that
5
would have one or more of the effects set out in the table:
6
7
Effects of dealings
Item
Effect
1
The creation or assignment of an interest in an existing
title.
2
The creation or assignment of a right (conditional or
otherwise) to the assignment of an interest in an existing
title.
3
The determination of the manner in which persons may:
(a) exercise the rights conferred by an existing title; or
(b) comply with the obligations imposed by an existing
title; or
(c) comply with the conditions of an existing title;
(including the exercise of those rights, or the compliance
with those obligations or conditions, under cooperative
arrangements to recover petroleum).
4
The creation or assignment of an interest in relation to an
existing exploration permit, retention lease or production
licence, where the interest is known as:
(a) an overriding royalty interest; or
(b) a production payment; or
(c) a net profits interest; or
(d) a carried interest.
Registration and dealings Chapter 3
Dealings relating to existing titles Part 3.6
Section 270
Offshore Petroleum Bill 2005 No. , 2005 269
Effects of dealings
Item
Effect
5
The creation or assignment of an interest that is similar to
an interest covered by item 4, where the interest relates to:
(a) petroleum produced from operations authorised by an
existing exploration permit, retention lease or
production licence; or
(b) revenue derived as a result of the carrying out of
operations authorised by an existing exploration
permit, retention lease or production licence.
6
The creation or assignment of an option (conditional or
otherwise) to enter into a dealing, where the dealing would
have one or more of the effects referred to in items 1, 2, 3,
4 and 5.
7
The creation or assignment of a right (conditional or
otherwise) to enter into a dealing, where the dealing would
have one or more of the effects referred to in items 1, 2, 3,
4 and 5.
8
The alteration or termination of a dealing, where the
dealing would have one or more of the effects referred to
in items 1, 2, 3, 4, 5, 6 and 7.
270 Approval and registration of dealings
1
A dealing is of no force, in so far as the dealing would have an
2
effect of a kind referred to in the table in section 269 in relation to
3
a particular title, until:
4
(a) the Designated Authority has approved the dealing, in so far
5
as it relates to that title; and
6
(b) the Designated Authority has made an entry in the Register in
7
relation to the dealing under section 276.
8
271 Application for approval of dealing
9
(1) An application for approval of a dealing must be made in
10
accordance with subsection (2) or (3).
11
Chapter 3 Registration and dealings
Part 3.6 Dealings relating to existing titles
Section 272
270 Offshore Petroleum Bill 2005 No. , 2005
Application--dealing relates to only one title
1
(2) If a dealing relates to only one title, a party to the dealing may
2
apply to the Designated Authority for approval of the dealing in so
3
far as it relates to that title.
4
Application--dealing relates to 2 or more titles
5
(3) If a dealing relates to 2 or more titles, a party to the dealing may
6
make a separate application to the Designated Authority for
7
approval of the dealing in so far as it relates to each title.
8
Written application
9
(4) An application must be in writing.
10
272 Documents to accompany application
11
Instrument evidencing dealing
12
(1) An application for approval of a dealing must be accompanied by:
13
(a) the instrument evidencing the dealing; or
14
(b) if that instrument has already been lodged with the
15
Designated Authority for the purposes of another
16
application--a copy of that instrument.
17
Supplementary instrument
18
(2) An application for approval of a dealing may be accompanied by
19
an instrument setting out such details (if any) as are prescribed for
20
the purposes of an application for approval of a dealing of that
21
kind.
22
(3) An instrument under subsection (2) is called a supplementary
23
instrument.
24
Copies
25
(4) An application for approval of a dealing must be accompanied by:
26
(a) a copy of the application;
27
Registration and dealings Chapter 3
Dealings relating to existing titles Part 3.6
Section 273
Offshore Petroleum Bill 2005 No. , 2005 271
(b) a copy, or an additional copy, of the instrument referred to in
1
subsection (1);
2
(c) a copy of any supplementary instrument.
3
Charge over assets of a body corporate--copies of documents
4
(5) If:
5
(a) a dealing (including a dealing referred to in section 252)
6
creates a charge over some or all of the assets of a body
7
corporate; and
8
(b) a person applies for approval of the dealing; and
9
(c) the application is accompanied by 2 copies of each document
10
required to be lodged with the Australian Securities and
11
Investments Commission under section 263 of the
12
Corporations Act 2001 in relation to the creation of the
13
charge;
14
the person is taken to have complied with:
15
(d) subsection (1); and
16
(e) subsection (4) in so far as that subsection requires a copy, or
17
an additional copy, of the instrument referred to in
18
subsection (1) to accompany the application.
19
273 Timing of application
20
(1) An application for approval of a dealing must be made within:
21
(a) 90 days after the day on which the party who last executed
22
the instrument evidencing the dealing so executed the
23
instrument; or
24
(b) such longer period as the Designated Authority allows.
25
(2) The Designated Authority may allow a longer period under
26
paragraph (1)(b) only if there are sufficient grounds to warrant
27
allowing the longer period.
28
(3) This section has effect subject to section 284.
29
Note:
Section 284 is about approval of a dealing that was entered into before
30
the title came into existence.
31
Chapter 3 Registration and dealings
Part 3.6 Dealings relating to existing titles
Section 274
272 Offshore Petroleum Bill 2005 No. , 2005
274 Application date to be entered in Register
1
If an application is made for approval of a dealing, the Designated
2
Authority:
3
(a) must enter a memorandum in the Register of the date on
4
which the application was lodged; and
5
(b) may make such other notation in the Register as the
6
Designated Authority considers appropriate.
7
275 Approval of dealing
8
Scope
9
(1) This section applies if an application is made for approval of a
10
dealing in so far as it relates to a particular title.
11
Decision
12
(2) The Designated Authority must:
13
(a) approve the dealing; or
14
(b) refuse to approve the dealing;
15
in so far as it relates to that title.
16
Note:
Section 284 limits the power conferred on the Designated Authority
17
by this section. Section 284 is about approval of a dealing that was
18
entered into before the title came into existence.
19
Notification of decision
20
(3) The Designated Authority must, by written notice given to the
21
applicant, notify the applicant of the Designated Authority's
22
decision.
23
Refusal to approve dealing--notation in Register
24
(4) If the Designated Authority refuses to approve the dealing in so far
25
as it relates to that title, the Designated Authority must make a
26
notation of the refusal in the Register.
27
Registration and dealings Chapter 3
Dealings relating to existing titles Part 3.6
Section 276
Offshore Petroleum Bill 2005 No. , 2005 273
276 Entry of dealing in Register
1
Scope
2
(1) This section applies if the Designated Authority approves a dealing
3
in so far as it relates to a particular title.
4
Endorsement
5
(2) The Designated Authority must immediately endorse a
6
memorandum of approval:
7
(a) on the original instrument evidencing the dealing and on the
8
copy of that instrument; or
9
(b) if the original instrument was not lodged with the application
10
for approval--on both of the copies of that instrument.
11
Entry in Register
12
(3) On payment of the fee provided for in the Registration Fees Act,
13
the Designated Authority must make an entry of the approval of
14
the dealing in the Register on:
15
(a) the memorial relating to that title; or
16
(b) the copy of that title.
17
277 Retention, inspection and return of instruments
18
Scope
19
(1) This section applies if the Designated Authority makes an entry of
20
the approval of a dealing in the Register.
21
Application accompanied by supplementary instrument
22
(2) If the application for approval of the dealing was accompanied by a
23
supplementary instrument:
24
(a) a copy of the supplementary instrument, endorsed with a
25
copy of the memorandum of approval, must be:
26
(i) retained by the Designated Authority; and
27
(ii) made available for inspection in accordance with this
28
Chapter; and
29
Chapter 3 Registration and dealings
Part 3.6 Dealings relating to existing titles
Section 278
274 Offshore Petroleum Bill 2005 No. , 2005
(b) the supplementary instrument must be returned to the person
1
who applied for approval; and
2
(c) a copy of the instrument evidencing the dealing must not be
3
made available for inspection in accordance with this
4
Chapter; and
5
(d) the original instrument evidencing the dealing, or a copy of
6
the original instrument, as the case requires, endorsed with a
7
memorandum of approval, must be returned to the person
8
who applied for approval.
9
Note:
For inspection, see section 296.
10
Application not accompanied by supplementary instrument
11
(3) If the application for approval of the dealing was not accompanied
12
by a supplementary instrument:
13
(a) one copy of the instrument evidencing the dealing, endorsed
14
with a memorandum of approval, must be:
15
(i) retained by the Designated Authority; and
16
(ii) made available for inspection in accordance with this
17
Chapter; and
18
(b) the original instrument evidencing the dealing, or a copy of
19
the original instrument, as the case requires, endorsed with a
20
memorandum of approval, must be returned to the person
21
who applied for approval.
22
Note:
For inspection, see section 296.
23
Definition
24
(4) In this section:
25
supplementary instrument has the meaning given by subsection
26
272(3) or 281(3).
27
278 Strict compliance with application provisions not required
28
The approval of a dealing, or the making of an entry in the Register
29
in relation to a dealing, is not made ineffective because of any
30
failure to comply, in relation to the application for approval of the
31
dealing, with the requirements of this Part.
32
Registration and dealings Chapter 3
Dealings relating to existing titles Part 3.6
Section 279
Offshore Petroleum Bill 2005 No. , 2005 275
279 Limit on effect of approval of dealing
1
The approval of a dealing does not give to the dealing any force,
2
effect or validity that the dealing would not have had if this
3
Chapter had not been enacted.
4
Chapter 3 Registration and dealings
Part 3.7 Dealings in future interests
Section 280
276 Offshore Petroleum Bill 2005 No. , 2005
1
Part 3.7--Dealings in future interests
2
3
280 Provisional application for approval of dealing
4
Scope
5
(1) This section applies if:
6
(a) 2 or more persons enter into a dealing relating to a title that
7
may come into existence in the future; and
8
(b) that dealing would, if the title came into existence, become a
9
dealing to which Part 3.6 applies.
10
Provisional application--dealing relates to only one title
11
(2) If the dealing relates to only one title that may come into existence
12
in the future, a party to the dealing may make a provisional
13
application to the Designated Authority for approval of the dealing.
14
Provisional application--dealing relates to 2 or more titles
15
(3) If the dealing relates to 2 or more titles that may come into
16
existence in the future, a party to the dealing may make a separate
17
provisional application to the Designated Authority for approval of
18
the dealing in relation to each title that may come into existence in
19
the future.
20
Written provisional application
21
(4) A provisional application must be in writing.
22
281 Documents to accompany provisional application
23
Instrument evidencing dealing
24
(1) A provisional application for approval of a dealing must be
25
accompanied by:
26
(a) the instrument evidencing the dealing; or
27
Registration and dealings Chapter 3
Dealings in future interests Part 3.7
Section 281
Offshore Petroleum Bill 2005 No. , 2005 277
(b) if that instrument has already been lodged with the
1
Designated Authority for the purposes of another provisional
2
application--a copy of that instrument.
3
Supplementary instrument
4
(2) A provisional application for approval of a dealing may be
5
accompanied by an instrument setting out such details (if any) as
6
are prescribed for the purposes of a provisional application for
7
approval of a dealing of that kind.
8
(3) An instrument under subsection (2) is called a supplementary
9
instrument.
10
Copies
11
(4) A provisional application for approval of a dealing must be
12
accompanied by:
13
(a) a copy of the provisional application; and
14
(b) a copy, or an additional copy, of the instrument referred to in
15
subsection (1); and
16
(c) a copy of any supplementary instrument.
17
Charge over assets of a body corporate--copies of documents
18
(5) If:
19
(a) a dealing (including a dealing referred to in section 252)
20
creates a charge over some or all of the assets of a body
21
corporate; and
22
(b) a person makes a provisional application for approval of the
23
dealing; and
24
(c) the provisional application is accompanied by 2 copies of
25
each document required to be lodged with the Australian
26
Securities and Investments Commission under section 263 of
27
the Corporations Act 2001 in relation to the creation of the
28
charge;
29
the person is taken to have complied with:
30
(d) subsection (1); and
31
Chapter 3 Registration and dealings
Part 3.7 Dealings in future interests
Section 282
278 Offshore Petroleum Bill 2005 No. , 2005
(e) subsection (4) in so far as that subsection requires a copy, or
1
an additional copy, of the instrument referred to in
2
subsection (1) to accompany the provisional application.
3
282 Timing of provisional application
4
A provisional application must be made within the period worked
5
out using the table:
6
7
Period for making a provisional application
Item
In this case...
the period begins
on...
and ends on...
1
a provisional application for
approval of a dealing relating to
any of the following titles that
may come into existence in the
future:
(a) an exploration permit;
(b) a retention lease;
(c) a production licence;
(d) an infrastructure licence;
(e) a pipeline licence
the day on which an
offer document that
relates to the
application for the
title is given to the
applicant for the
title
the day on which
the title comes
into existence.
2
a provisional application for
approval of a dealing relating to
an access authority that may come
into existence in the future
the day on which
the application for
the grant of the
access authority is
made
the day on which
the access
authority comes
into existence.
283 Provisional application to be treated as an application under
8
section 271 when title comes into existence
9
If:
10
(a) a provisional application is made for approval of a dealing;
11
and
12
(b) the title to which the dealing relates comes into existence;
13
and
14
(c) on that title coming into existence, the dealing becomes a
15
dealing to which Part 3.6 applies;
16
Registration and dealings Chapter 3
Dealings in future interests Part 3.7
Section 284
Offshore Petroleum Bill 2005 No. , 2005 279
the provisional application is to be treated as if it were an
1
application made under section 271 on the day on which that title
2
came into existence.
3
284 Limit on approval of dealing
4
(1) If:
5
(a) Part 3.6 applies to a dealing relating to a title; and
6
(b) immediately before the title came into existence, the dealing
7
was a dealing referred to in subsection 280(1);
8
the Designated Authority may approve the dealing under
9
section 275 only if:
10
(c) a provisional application for approval of the dealing was
11
made under section 280; or
12
(d) an application for approval of the dealing was made under
13
section 271 within:
14
(i) 90 days after the day on which the title came into
15
existence; or
16
(ii) such longer period as the Designated Authority allows.
17
(2) The Designated Authority may allow a longer period under
18
subparagraph (1)(d)(ii) only if there are sufficient grounds to
19
warrant allowing the longer period.
20
Chapter 3 Registration and dealings
Part 3.8 Correction and rectification of Register
Section 285
280 Offshore Petroleum Bill 2005 No. , 2005
1
Part 3.8--Correction and rectification of Register
2
3
285 Corrections of clerical errors or obvious defects
4
The Designated Authority may alter the Register for the purposes
5
of correcting a clerical error or an obvious defect in the Register.
6
286 General power of correction of Register
7
Power of correction
8
(1) The Designated Authority may make such entries in the Register as
9
the Designated Authority considers appropriate for the purposes of
10
ensuring that the Register accurately records the interests and
11
rights existing in relation to a title.
12
(2) The Designated Authority may exercise the power conferred by
13
subsection (1):
14
(a) on written application being made to the Designated
15
Authority by a person; or
16
(b) on the Designated Authority's own initiative.
17
Consultation
18
(3) Before the Designated Authority makes an entry in the Register
19
under subsection (1), the Designated Authority must cause to be
20
published in the Gazette a notice:
21
(a) setting out the terms of the entry that the Designated
22
Authority proposes to make in the Register; and
23
(b) inviting interested persons to give the Designated Authority
24
written submissions about the making of the entry; and
25
(c) specifying a time limit for the making of those submissions.
26
(4) The time limit must not be shorter than 45 days after the
27
publication of the notice.
28
Registration and dealings Chapter 3
Correction and rectification of Register Part 3.8
Section 287
Offshore Petroleum Bill 2005 No. , 2005 281
(5) In deciding whether to make the entry in the Register, the
1
Designated Authority must take into account any submissions
2
made in accordance with the notice.
3
Gazettal of terms of entry
4
(6) If the Designated Authority makes an entry in the Register under
5
subsection (1), the Designated Authority must cause to be
6
published in the Gazette a notice setting out the terms of the entry.
7
287 Rectification of Register
8
Application for rectification
9
(1) If a person is aggrieved by any of the following:
10
(a) the omission of an entry from a Register;
11
(b) an entry made in a Register without sufficient cause;
12
(c) an entry wrongly existing in a Register;
13
(d) an error or defect in an entry in a Register;
14
the person may apply to:
15
(e) the Federal Court; or
16
(f) the Supreme Court of, or having jurisdiction in, the State or
17
Territory to which the relevant offshore area relates;
18
for the rectification of the Register.
19
Court orders
20
(2) If an application is made under subsection (1) to a court for the
21
rectification of a Register, the court may make such order as it
22
thinks fit directing the rectification of the Register.
23
(3) In proceedings under this section, the court may decide any
24
question that it is necessary or expedient to decide in connection
25
with the rectification of the Register.
26
Appearance of Designated Authority
27
(4) Notice of an application under this section must be given to the
28
Designated Authority concerned, who:
29
(a) may appear and be heard; and
30
Chapter 3 Registration and dealings
Part 3.8 Correction and rectification of Register
Section 287
282 Offshore Petroleum Bill 2005 No. , 2005
(b) must appear if so directed by the court.
1
Copy of order to be given to Designated Authority
2
(5) An office copy of an order made by the court may be given to the
3
Designated Authority.
4
Compliance with order
5
(6) The Designated Authority must, on receipt of the order, rectify the
6
Register accordingly.
7
Registration and dealings Chapter 3
Information-gathering powers Part 3.9
Section 288
Offshore Petroleum Bill 2005 No. , 2005 283
1
Part 3.9--Information-gathering powers
2
3
288 Designated Authority may obtain information from applicants
4
Scope
5
(1) This section applies if:
6
(a) an application for approval of the transfer of a title is made
7
under section 257; or
8
(b) an application is made under section 265 or 267 in relation to
9
a title; or
10
(c) an application for approval of a dealing is made under
11
section 271; or
12
(d) a provisional application for approval of a dealing is made
13
under section 280; or
14
(e) an application is made under section 286 in relation to a title.
15
Requirement to give information
16
(2) The Designated Authority may, by written notice given to the
17
applicant, require the applicant to give the Designated Authority,
18
within the period and in the manner specified in the notice, such
19
information about the matter to which the application relates as the
20
Designated Authority considers necessary or advisable.
21
(3) A period specified under subsection (2) must not be shorter than 14
22
days after the notice is given.
23
Offences
24
(4) A person commits an offence if:
25
(a) the person has been given a notice under subsection (2); and
26
(b) the person omits to do an act; and
27
(c) the omission contravenes a requirement in the notice.
28
Penalty: 50 penalty units.
29
(5) A person commits an offence if:
30
Chapter 3 Registration and dealings
Part 3.9 Information-gathering powers
Section 289
284 Offshore Petroleum Bill 2005 No. , 2005
(a) the Designated Authority requires the person to give
1
information under subsection (2); and
2
(b) the person gives information; and
3
(c) the person does so knowing that the information is false or
4
misleading in a material particular.
5
Penalty: 50 penalty units.
6
Notice to set out the effect of offence provisions
7
(6) A notice under subsection (2) must set out the effect of the
8
following provisions:
9
(a) subsection (4);
10
(b) subsection (5).
11
Note:
The same conduct may be an offence against both subsection (5) of
12
this section and section 137.1 of the Criminal Code.
13
289 Designated Authority may obtain information from a party to
14
an approved dealing
15
Scope
16
(1) This section applies if:
17
(a) a person is a party to a dealing relating to a title; and
18
(b) the dealing has been approved under section 275.
19
Requirement to give information
20
(2) The Designated Authority may, by written notice given to the
21
person, require the person to give to the Designated Authority,
22
within the period and in the manner specified in the notice, such
23
information about alterations in the interests or rights existing in
24
relation to the title as the Designated Authority considers necessary
25
or advisable.
26
(3) A period specified under subsection (2) must not be shorter than 14
27
days after the notice is given.
28
Registration and dealings Chapter 3
Information-gathering powers Part 3.9
Section 290
Offshore Petroleum Bill 2005 No. , 2005 285
Offences
1
(4) A person commits an offence if:
2
(a) the person has been given a notice under subsection (2); and
3
(b) the person omits to do an act; and
4
(c) the omission contravenes a requirement in the notice.
5
Penalty: 50 penalty units.
6
(5) A person commits an offence if:
7
(a) the Designated Authority requires the person to give
8
information under subsection (2); and
9
(b) the person gives information; and
10
(c) the person does so knowing that the information is false or
11
misleading in a material particular.
12
Penalty: 50 penalty units.
13
Notice to set out the effect of offence provisions
14
(6) A notice under subsection (2) must set out the effect of the
15
following provisions:
16
(a) subsection (4);
17
(b) subsection (5).
18
Note:
The same conduct may be an offence against both subsection (5) of
19
this section and section 137.1 of the Criminal Code.
20
290 Production and inspection of documents
21
Scope
22
(1) This section applies if the Designated Authority has reason to
23
believe that a document:
24
(a) is in the possession or under the control of a person; and
25
(b) relates to:
26
(i) a transfer or dealing for which approval is sought under
27
this Chapter; or
28
(ii) an application under section 265, 267 or 286.
29
Chapter 3 Registration and dealings
Part 3.9 Information-gathering powers
Section 290
286 Offshore Petroleum Bill 2005 No. , 2005
Requirement
1
(2) The Designated Authority may, by written notice given to the
2
person, require the person:
3
(a) to produce the document to the Designated Authority, within
4
the period and in the manner specified in the notice; or
5
(b) to make the document available for inspection by or on
6
behalf of the Designated Authority.
7
(3) A period specified under subsection (2) must not be shorter than 14
8
days after the notice is given.
9
Offences
10
(4) A person commits an offence if:
11
(a) the person has been given a notice under subsection (2); and
12
(b) the person omits to do an act; and
13
(c) the omission contravenes a requirement in the notice.
14
Penalty: 50 penalty units.
15
(5) An offence against subsection (4) is an offence of strict liability.
16
Note:
For strict liability, see section 6.1 of the Criminal Code.
17
(6) A person commits an offence if:
18
(a) the person has been given a notice under subsection (2); and
19
(b) the person:
20
(i) produces a document to the Designated Authority; or
21
(ii) makes a document available for inspection by or on
22
behalf of the Designated Authority; and
23
(c) the person does so knowing that the document is false or
24
misleading in a material particular; and
25
(d) the document is produced or made available in compliance or
26
purported compliance with the notice.
27
Penalty: 50 penalty units.
28
Registration and dealings Chapter 3
Information-gathering powers Part 3.9
Section 291
Offshore Petroleum Bill 2005 No. , 2005 287
Notice to set out the effect of offence provisions
1
(7) A notice under subsection (2) must set out the effect of the
2
following provisions:
3
(a) subsection (4);
4
(b) subsection (6).
5
Note:
The same conduct may be an offence against both subsection (6) of
6
this section and section 137.2 of the Criminal Code.
7
291 Designated Authority may retain documents
8
(1) The Designated Authority may take possession of a document
9
produced under section 290, and retain it for as long as is
10
necessary.
11
(2) The person otherwise entitled to possession of the document is
12
entitled to be supplied, as soon as practicable, with a copy certified
13
by the Designated Authority to be a true copy.
14
(3) The certified copy must be received in all courts and tribunals as
15
evidence as if it were the original.
16
(4) Until a certified copy is supplied, the Designated Authority must
17
provide the person otherwise entitled to possession of the
18
document, or a person authorised by that person, reasonable access
19
to the document for the purposes of inspecting and making copies
20
of, or taking extracts from, the document.
21
Chapter 3 Registration and dealings
Part 3.10 Other provisions
Section 292
288 Offshore Petroleum Bill 2005 No. , 2005
1
Part 3.10--Other provisions
2
3
292 Designated Authority etc. not concerned with the effect of
4
instrument lodged under this Chapter
5
None of the following is concerned with the effect in law of an
6
instrument lodged under this Chapter:
7
(a) the Joint Authority;
8
(b) the Designated Authority;
9
(c) a person acting under the direction or authority of the Joint
10
Authority or the Designated Authority.
11
293 True consideration to be shown
12
Offence
13
(1) A person commits an offence if:
14
(a) the person is a party to:
15
(i) a transfer of a title; or
16
(ii) a dealing to which Part 3.6 applies; or
17
(iii) a dealing referred to in subsection 280(1); and
18
(b) the person gives the Designated Authority:
19
(i) an instrument of transfer; or
20
(ii) an instrument evidencing the dealing; or
21
(iii) a supplementary instrument; and
22
(c) the instrument contains a statement relating to:
23
(i) the consideration for the transfer or dealing; or
24
(ii) any other fact or circumstance affecting the amount of
25
the fee payable under the Registration Fees Act in
26
relation to the transfer or dealing; and
27
(d) the person gives the instrument knowing that the statement is
28
false or misleading in a material particular.
29
Penalty: 100 penalty units.
30
Registration and dealings Chapter 3
Other provisions Part 3.10
Section 294
Offshore Petroleum Bill 2005 No. , 2005 289
Definition
1
(2) In this section:
2
supplementary instrument has the meaning given by subsection
3
272(3) or 281(3).
4
Note:
The same conduct may be an offence against both subsection (1) of
5
this section and section 137.2 of the Criminal Code.
6
294 Making a false entry in a Register
7
A person commits an offence if:
8
(a) the person:
9
(i) makes an entry in a Register; or
10
(ii) causes an entry to be made in a Register; or
11
(iii) concurs in the making of an entry in a Register; and
12
(b) the person does so knowing that the entry is false.
13
Penalty: 50 penalty units.
14
Note:
The same conduct may be an offence against both this section and
15
section 145.4 of the Criminal Code.
16
295 Falsified documents
17
A person commits an offence if:
18
(a) the person produces or tenders in evidence a document; and
19
(b) the document falsely purports to be:
20
(i) a copy of or extract from an entry in a Register; or
21
(ii) a copy of or extract from an instrument given to the
22
Designated Authority under this Chapter.
23
Penalty: 50 penalty units.
24
Note:
The same conduct may be an offence against both this section and
25
section 137.2 of the Criminal Code.
26
Chapter 3 Registration and dealings
Part 3.10 Other provisions
Section 296
290 Offshore Petroleum Bill 2005 No. , 2005
296 Inspection of Register and instruments
1
Inspection of Register
2
(1) The Designated Authority must ensure that the Register is open for
3
inspection, at all convenient times, by any person on payment of a
4
fee calculated under the regulations.
5
Instruments
6
(2) The Designated Authority must ensure that all instruments, or
7
copies of instruments, subject to inspection under this Chapter are
8
open for inspection, at all convenient times, by any person on
9
payment of a fee calculated under the regulations.
10
297 Evidentiary provisions
11
Register
12
(1) A Register is to be received in all courts and proceedings as prima
13
facie evidence of all matters required or authorised by this Chapter
14
to be entered in the Register.
15
Certified copies and extracts
16
(2) The Designated Authority may, on payment of a fee calculated
17
under the regulations, supply:
18
(a) a copy of or extract from the Register; or
19
(b) a copy of or extract from any instrument lodged with the
20
Designated Authority under this Chapter;
21
certified by the Designated Authority to be a true copy or true
22
extract, as the case may be.
23
(3) The certified copy or extract is admissible in evidence in all courts
24
and proceedings without further proof or production of the original.
25
Evidentiary certificate
26
(4) The Designated Authority may, on payment of a fee calculated
27
under the regulations, issue a written certificate:
28
Registration and dealings Chapter 3
Other provisions Part 3.10
Section 297
Offshore Petroleum Bill 2005 No. , 2005 291
(a) stating that an entry, matter or thing required or permitted by
1
or under this Chapter to be made or done:
2
(i) has been made or done; or
3
(ii) has not been made or done; or
4
(b) stating that an entry, matter or thing required by or under this
5
Chapter not to be made or done:
6
(i) has not been made or done; or
7
(ii) has been made or done.
8
(5) The certificate is to be received in all courts and proceedings as
9
prima facie evidence of the statements in the certificate.
10
Criminal proceedings--copy of certificate to be given to defendant
11
14 days before certificate admitted in evidence
12
(6) A certificate must not be admitted in evidence under subsection (5)
13
in proceedings for an offence unless:
14
(a) the person charged with the offence; or
15
(b) a barrister or solicitor who has appeared for the person in
16
those proceedings;
17
has, at least 14 days before the certificate is sought to be so
18
admitted, been given a copy of the certificate together with notice
19
of the intention to produce the certificate as evidence in the
20
proceedings.
21
Person signing the certificate may be called to give evidence
22
(7) If, under subsection (5), a certificate is admitted in evidence in
23
proceedings for an offence, the person charged with the offence
24
may require the person who signed the certificate to be:
25
(a) called as a witness for the prosecution; and
26
(b) cross-examined as if the person who signed the certificate
27
had given evidence of the matters stated in the certificate.
28
(8) However, subsection (7) does not entitle the person charged to
29
require the person who signed the certificate to be called as a
30
witness for the prosecution unless:
31
Chapter 3 Registration and dealings
Part 3.10 Other provisions
Section 298
292 Offshore Petroleum Bill 2005 No. , 2005
(a) the prosecutor has been given at least 4 days notice of the
1
person's intention to require the person who signed the
2
certificate to be so called; or
3
(b) the court, by order, allows the person charged to require the
4
person who signed the certificate to be so called.
5
Evidence in support, or in rebuttal, of matters in certificate to be
6
considered on its merits
7
(9) Any evidence given in support, or in rebuttal, of a matter stated in
8
a certificate issued under subsection (4) must be considered on its
9
merits, and the credibility and probative value of such evidence
10
must be neither increased nor diminished by reason of this section.
11
298 Assessment of fee
12
Original determination
13
(1) The Designated Authority may determine the amount of the fee
14
payable under the Registration Fees Act in relation to an entry in
15
the Register.
16
Fresh determination--false or misleading information given to
17
Designated Authority
18
(2) If:
19
(a) the Designated Authority has determined the amount of a fee
20
payable under the Registration Fees Act in relation to a
21
transfer or dealing; and
22
(b) a person is convicted of an offence against section 293 in
23
relation to giving the Designated Authority an instrument that
24
contains a statement about:
25
(i) the consideration for the transfer or dealing; or
26
(ii) any other fact or circumstance affecting the amount of
27
the fee payable under the Registration Fees Act in
28
relation to the transfer or dealing;
29
the Designated Authority may make a fresh determination of the
30
amount of the fee payable under the Registration Fees Act in
31
relation to the transfer or dealing.
32
Registration and dealings Chapter 3
Other provisions Part 3.10
Section 298
Offshore Petroleum Bill 2005 No. , 2005 293
Note:
Section 293 is about giving an instrument that contains a false or
1
misleading statement.
2
Appeal
3
(3) A person dissatisfied with a determination of the Designated
4
Authority under subsection (1) or (2) may appeal against the
5
determination to:
6
(a) the Federal Court; or
7
(b) the Supreme Court of, or having jurisdiction in, the State or
8
Territory to which the relevant offshore area relates.
9
(4) The court hearing the appeal may affirm, set aside or modify the
10
determination of the Designated Authority.
11
Appearance of Designated Authority
12
(5) Notice of an appeal under this section is to be given to the
13
Designated Authority concerned, who:
14
(a) may appear and be heard; and
15
(b) must appear if so directed by the court.
16
Chapter 4 Administration
Part 4.1 Operations
Section 299
294 Offshore Petroleum Bill 2005 No. , 2005
1
Chapter 4--Administration
2
Part 4.1--Operations
3
4
299 Simplified outline
5
The following is a simplified outline of this Part:
6
·
This Part imposes requirements that must be complied with by
7
titleholders in relation to the following:
8
(a)
the commencement of works or operations;
9
(b)
work practices;
10
(c)
insurance;
11
(d)
the maintenance and removal of property.
12
300 Commencement of works or operations
13
Scope
14
(1) This section applies to:
15
(a) a special exploration permit; or
16
(b) a retention lease; or
17
(c) an infrastructure licence; or
18
(d) a pipeline licence;
19
if the permit, lease or licence is granted subject to a condition that
20
works or operations specified in the permit, lease or licence are to
21
be carried out.
22
Commencement of works or operations
23
(2) The registered holder of the permit, lease or licence must begin to
24
carry out those works or operations within:
25
Administration Chapter 4
Operations Part 4.1
Section 301
Offshore Petroleum Bill 2005 No. , 2005 295
(a) 180 days after the day on which the permit, lease or licence
1
comes into force; or
2
(b) such longer period as the Designated Authority allows.
3
301 Work practices
4
(1) The table has effect:
5
6
Work practices
Item
This person...
must...
1
the registered
holder of an
exploration permit,
retention lease or
production licence
(a) carry out all petroleum exploration operations in
the permit area, lease area or licence area in a
proper and workmanlike manner and in
accordance with good oilfield practice; and
(b) carry out all petroleum recovery operations in the
permit area, lease area or licence area in a proper
and workmanlike manner and in accordance with
good oilfield practice; and
(c) control the flow, and prevent the waste or escape,
in the permit area, lease area or licence area, of
petroleum or water; and
(d) prevent the escape, in the permit area, lease area
or licence area, of any mixture of water or drilling
fluid with petroleum or any other matter; and
(e) prevent damage to petroleum-bearing strata in an
area (whether in the offshore area or not) in
relation to which the permit, lease or licence is not
in force; and
(f) keep separate each petroleum pool discovered in
the permit area, lease area or licence area; and
(g) keep separate such of the sources of water (if any)
discovered in the permit area, lease area or licence
area as the Designated Authority, by written
notice given to the registered holder, directs; and
(h) prevent water or any other matter entering any
petroleum pool through wells in the permit area,
lease area or licence area except when required
by, and in accordance with, good oilfield practice.
Chapter 4 Administration
Part 4.1 Operations
Section 301
296 Offshore Petroleum Bill 2005 No. , 2005
Work practices
Item
This person...
must...
2
the registered
holder of an
infrastructure
licence
(a) carry out operations authorised by the licence in a
safe manner and in accordance with good oilfield
practice and good processing and transport
practice; and
(b) control the flow, and prevent the waste or escape,
from an infrastructure facility constructed under
the licence, of water, petroleum or any product
derived by processing petroleum.
3
the registered
holder of a pipeline
licence
(a) operate the pipeline in a proper and workmanlike
manner; and
(b) prevent the waste or escape of petroleum or water
from the pipeline or from any secondary line,
pumping station, tank station, valve station or
water line.
4
the registered
holder of a special
prospecting
authority or access
authority
carry out all petroleum exploration operations in the
authority area in a proper and workmanlike manner
and in accordance with good oilfield practice.
(2) Paragraphs (c) to (h) of item 1, and paragraph (b) of item 2, of the
1
table in subsection (1) have effect subject to any authorisation
2
given, or requirement made, by or under:
3
(a) this Act; or
4
(b) the regulations; or
5
(c) a direction under this Act.
6
(3) Paragraphs (b) to (h) of item 1 of the table in subsection (1) do not
7
limit paragraph (a) of that item.
8
(4) Paragraph (b) of item 2 of the table in subsection (1) does not limit
9
paragraph (a) of that item.
10
(5) Paragraph (b) of item 3 of the table in subsection (1) does not limit
11
paragraph (a) of that item.
12
Administration Chapter 4
Operations Part 4.1
Section 302
Offshore Petroleum Bill 2005 No. , 2005 297
Offence
1
(6) A person commits an offence if:
2
(a) the person is subject to a requirement under subsection (1);
3
and
4
(b) the person engages in conduct; and
5
(c) the person's conduct breaches the requirement.
6
Penalty: 100 penalty units.
7
Defence
8
(7) In:
9
(a) a prosecution for an offence against subsection (6) in relation
10
to a breach of a paragraph of an item of the table in
11
subsection (1); or
12
(b) an action arising out of a breach of a paragraph of an item of
13
the table in subsection (1);
14
it is a defence if the defendant proves that the defendant took all
15
reasonable steps to comply with that paragraph.
16
Note:
In a prosecution for an offence, the defendant bears a legal burden in
17
relation to the matter in subsection (7)--see section 13.4 of the
18
Criminal Code.
19
This section has effect subject to certain other provisions etc.
20
(8) This section has effect subject to:
21
(a) any other provision of this Act; and
22
(b) the regulations; and
23
(c) a direction under section 305; and
24
(d) any other law.
25
302 Insurance
26
Permits, leases and licences
27
(1) The registered holder of:
28
(a) an exploration permit; or
29
(b) a retention lease; or
30
Chapter 4 Administration
Part 4.1 Operations
Section 302
298 Offshore Petroleum Bill 2005 No. , 2005
(c) a production licence; or
1
(d) an infrastructure licence; or
2
(e) a pipeline licence;
3
must maintain, as directed by the Designated Authority from time
4
to time, insurance against:
5
(f) expenses; or
6
(g) liabilities; or
7
(h) specified things;
8
arising in connection with, or as a result of:
9
(i) the carrying out of work under the permit, lease or licence; or
10
(j) the doing of any other thing under the permit, lease or
11
licence;
12
including insurance against expenses of complying with directions
13
relating to the clean-up or other remediation of the effects of the
14
escape of petroleum.
15
Authorities
16
(2) The conditions of a special prospecting authority or an access
17
authority may include a condition that the registered holder
18
maintain, as directed by the Designated Authority from time to
19
time, insurance against:
20
(a) expenses; or
21
(b) liabilities; or
22
(c) specified things;
23
arising in connection with, or as a result of:
24
(d) the carrying out of work under the authority; or
25
(e) the doing of any other thing under the authority;
26
including insurance against expenses of complying with directions
27
relating to the clean-up or other remediation of the effects of the
28
escape of petroleum.
29
Direction to be in writing
30
(3) A direction under this section must be in writing.
31
Administration Chapter 4
Operations Part 4.1
Section 303
Offshore Petroleum Bill 2005 No. , 2005 299
303 Maintenance and removal of property etc. by titleholder
1
Titleholder and title area
2
(1) For the purposes of this section, the table has effect:
3
4
Titleholder and title area
Item
In the case of...
the titleholder is...
and the title area is...
1
an exploration permit
the permittee
the permit area.
2
a retention lease
the lessee
the lease area.
3
a production licence
the licensee
the licence area.
4
an infrastructure
licence
the licensee
the licence area.
5
a pipeline licence
the licensee
the part of the offshore
area in which the
pipeline is constructed.
6
a special prospecting
authority
the registered holder of
the authority
the authority area.
7
an access authority
the registered holder of
the authority
the authority area.
Maintenance of property etc.
5
(2) A titleholder must maintain in good condition and repair all
6
structures that are, and all equipment and other property that is:
7
(a) in the title area; and
8
(b) used in connection with the operations authorised by the
9
permit, lease, licence or authority.
10
Removal of property etc.
11
(3) A titleholder must remove from the title area all structures that are,
12
and all equipment and other property that is, neither used nor to be
13
used in connection with the operations:
14
(a) in which the titleholder is or will be engaged; and
15
(b) that are authorised by the permit, lease, licence or authority.
16
Chapter 4 Administration
Part 4.1 Operations
Section 303
300 Offshore Petroleum Bill 2005 No. , 2005
Offence
1
(4) A person commits an offence if:
2
(a) the person is subject to a requirement under subsection (2) or
3
(3); and
4
(b) the person omits to do an act; and
5
(c) the omission breaches the requirement.
6
Penalty: 100 penalty units.
7
(5) An offence against subsection (4) is an offence of strict liability.
8
Note:
For strict liability, see section 6.1 of the Criminal Code.
9
Exception
10
(6) Subsections (2) and (3) do not apply in relation to any structure,
11
equipment or other property that was not brought into the title area
12
by or with the authority of the titleholder.
13
Section has effect subject to other provisions etc.
14
(7) This section has effect subject to:
15
(a) any other provision of this Act; and
16
(b) the regulations; and
17
(c) a direction under section 305; and
18
(d) any other law.
19
Administration Chapter 4
Directions Part 4.2
Simplified outline Division 1
Section 304
Offshore Petroleum Bill 2005 No. , 2005 301
1
Part 4.2--Directions
2
Division 1--Simplified outline
3
304 Simplified outline
4
The following is a simplified outline of this Part:
5
·
The Designated Authority may give a direction to a
6
titleholder. A direction may extend to other persons.
7
·
If there is a breach of a direction under Chapter 2, this Chapter
8
or the regulations, the Designated Authority may do anything
9
required by the direction to be done, and the Designated
10
Authority's costs may be recovered from the person to whom
11
the direction was given.
12
·
In a prosecution for an offence relating to a breach of a
13
direction under Chapter 2, this Chapter or the regulations, it is
14
a defence if the defendant proves that the defendant took all
15
reasonable steps to comply with the direction.
16
Chapter 4 Administration
Part 4.2 Directions
Division 2 General power to give directions
Section 305
302 Offshore Petroleum Bill 2005 No. , 2005
1
Division 2--General power to give directions
2
305 General power to give directions
3
Definition
4
(1) In this section:
5
title means:
6
(a) an exploration permit; or
7
(b) a retention lease; or
8
(c) a production licence; or
9
(d) an infrastructure licence; or
10
(e) a pipeline licence; or
11
(f) a special prospecting authority; or
12
(g) an access authority.
13
Direction to registered holder
14
(2) The Designated Authority may, by written notice given to the
15
registered holder of a title, give the registered holder a direction as
16
to any matter in relation to which regulations may be made.
17
Note 1:
Section 444 is the main provision setting out matters in relation to
18
which regulations may be made.
19
Note 2:
For enforcement, see section 307.
20
Extended application of direction
21
(3) A direction given under this section to a registered holder applies
22
to the registered holder and may also be expressed to apply to:
23
(a) a specified class of persons, so long as the class consists of,
24
or is included in, either or both of the following classes:
25
(i) employees or agents of, or persons acting on behalf of,
26
the registered holder;
27
(ii) persons performing work or services, whether directly
28
or indirectly, for the registered holder; or
29
Administration Chapter 4
Directions Part 4.2
General power to give directions Division 2
Section 305
Offshore Petroleum Bill 2005 No. , 2005 303
(b) any person (other than the registered holder or a person to
1
whom the direction applies in accordance with paragraph (a))
2
who is:
3
(i) in the offshore area for any reason touching, concerning,
4
arising out of, or connected with, exploring the seabed
5
or subsoil of the offshore area for petroleum or
6
exploiting the petroleum that occurs as a natural
7
resource of that seabed or subsoil; or
8
(ii) in, on, above, below or in the vicinity of a vessel,
9
aircraft, structure or installation, or equipment or other
10
property, that is in the offshore area for a reason of that
11
kind.
12
(4) If a direction so expressed is given, the direction is taken to apply
13
to each person included in the specified class mentioned in
14
paragraph (3)(a) or to each person who is in the offshore area as
15
mentioned in paragraph (3)(b), as the case may be.
16
Note:
For notification requirements, see section 306.
17
Additional matters
18
(5) The Designated Authority must not give a direction under this
19
section of a standing or permanent nature except with the approval
20
of the Joint Authority, but the validity of a direction is not affected
21
by a breach of this subsection.
22
(6) A direction under this section has effect, and must be complied
23
with, despite:
24
(a) any previous direction under this section; and
25
(b) anything in the regulations or the applied provisions.
26
Note:
For applied provisions, see subsection 59(2).
27
(7) A direction under this section may make provision in relation to a
28
matter by applying, adopting or incorporating (with or without
29
modification) a code of practice or standard contained in an
30
instrument:
31
(a) as in force or existing at the time when the direction takes
32
effect; or
33
(b) as in force or existing from time to time;
34
Chapter 4 Administration
Part 4.2 Directions
Division 2 General power to give directions
Section 306
304 Offshore Petroleum Bill 2005 No. , 2005
so long as the code of practice or standard is relevant to that matter.
1
(8) To avoid doubt, subsection (7) applies to an instrument, whether
2
issued or made in Australia or outside Australia.
3
(9) A direction under this section may prohibit the doing of an act or
4
thing:
5
(a) unconditionally; or
6
(b) subject to conditions, including conditions requiring the
7
consent or approval of a person specified in the direction.
8
Directions
9
(10) If paragraph (3)(b) applies to a direction under this section, the
10
direction is a legislative instrument for the purposes of the
11
Legislative Instruments Act 2003.
12
(11) If paragraph (3)(b) does not apply to a direction under this section,
13
the direction is not a legislative instrument for the purposes of the
14
Legislative Instruments Act 2003.
15
306 Notification of a direction that has an extended application
16
Notification
17
(1) If a direction under section 305 applies to:
18
(a) a registered holder; and
19
(b) a person referred to in paragraph 305(3)(a);
20
the registered holder must cause a copy of the notice by which the
21
direction was given to be:
22
(c) given to that other person; or
23
(d) displayed at a prominent position at a place in the offshore
24
area frequented by that other person.
25
(2) If a direction under section 305 applies to:
26
(a) a registered holder; and
27
(b) a person referred to in paragraph 305(3)(b);
28
the registered holder must cause a copy of the notice by which the
29
direction was given to be displayed at a prominent position at a
30
place in the offshore area.
31
Administration Chapter 4
Directions Part 4.2
General power to give directions Division 2
Section 307
Offshore Petroleum Bill 2005 No. , 2005 305
(3) If a direction under section 305 applies to:
1
(a) a registered holder; and
2
(b) a person referred to in paragraph 305(3)(b);
3
the Designated Authority may, by written notice given to the
4
registered holder, require the registered holder to cause to be
5
displayed:
6
(c) at such places in the offshore area; and
7
(d) in such manner;
8
as are specified in the notice, copies of the notice by which the
9
direction was given.
10
Offence
11
(4) A person commits an offence if:
12
(a) the person is subject to a requirement under subsection (1),
13
(2) or (3); and
14
(b) the person omits to do an act; and
15
(c) the omission breaches the requirement.
16
Penalty for contravention of this subsection: 50 penalty units.
17
307 Compliance with direction
18
Offence
19
(1) A person commits an offence if:
20
(a) the person is subject to a direction under section 305; and
21
(b) the person engages in conduct; and
22
(c) the person's conduct breaches the direction.
23
Penalty: 100 penalty units.
24
(2) An offence against subsection (1) is an offence of strict liability.
25
Note:
For strict liability, see section 6.1 of the Criminal Code.
26
Defence
27
(3) If:
28
(a) a direction under section 305 applies to:
29
Chapter 4 Administration
Part 4.2 Directions
Division 2 General power to give directions
Section 307
306 Offshore Petroleum Bill 2005 No. , 2005
(i) a registered holder; and
1
(ii) another person; and
2
(b) the other person is prosecuted for an offence against
3
subsection (1) in relation to a breach of the direction; and
4
(c) the other person adduces evidence that the other person did
5
not know, and could not reasonably be expected to have
6
known, of the existence of the direction;
7
the other person is not to be convicted of the offence unless the
8
prosecution proves that the other person knew, or could reasonably
9
be expected to have known, of the existence of the direction.
10
Administration Chapter 4
Directions Part 4.2
Designated Authority may take action if there is a breach of a direction Division 3
Section 308
Offshore Petroleum Bill 2005 No. , 2005 307
1
Division 3--Designated Authority may take action if there
2
is a breach of a direction
3
308 Designated Authority may take action if there is a breach of a
4
direction
5
Action by Designated Authority
6
(1) If:
7
(a) a person is subject to a direction under:
8
(i) Chapter 2; or
9
(ii) this Chapter; or
10
(iii) Part 5.1; or
11
(iv) the regulations; and
12
(b) the person engages in conduct; and
13
(c) the person's conduct breaches the direction;
14
the Designated Authority may do any or all of the things required
15
by the direction to be done.
16
(2) If the direction was given by the Joint Authority, the Designated
17
Authority must not take action under subsection (1) except with the
18
approval of the Joint Authority.
19
Recovery of costs and expenses incurred by the Designated
20
Authority
21
(3) Costs or expenses incurred by the Designated Authority under
22
subsection (1) in relation to a direction are:
23
(a) a debt due to the Commonwealth by the person subject to the
24
direction; and
25
(b) recoverable in a court of competent jurisdiction.
26
Exception--direction that has an extended application
27
(4) If:
28
(a) a direction under section 305 applies to:
29
(i) a registered holder; and
30
Chapter 4 Administration
Part 4.2 Directions
Division 3 Designated Authority may take action if there is a breach of a direction
Section 308
308 Offshore Petroleum Bill 2005 No. , 2005
(ii) another person; and
1
(b) an action under subsection (3) relating to the direction is
2
brought against the other person; and
3
(c) the other person adduces evidence that the other person did
4
not know, and could not reasonably be expected to have
5
known, of the existence of the direction;
6
the other person is not liable under subsection (3) unless the
7
plaintiff proves that the other person knew, or could reasonably be
8
expected to have known, of the existence of the direction.
9
Defence
10
(5) In an action under subsection (3), it is a defence if the defendant
11
proves that the defendant took all reasonable steps to comply with
12
the direction.
13
Administration Chapter 4
Directions Part 4.2
Defence of taking reasonable steps to comply with a direction Division 4
Section 309
Offshore Petroleum Bill 2005 No. , 2005 309
1
Division 4--Defence of taking reasonable steps to comply
2
with a direction
3
309 Defence of taking reasonable steps to comply with a direction
4
In a prosecution for an offence in relation to a breach of a direction
5
under:
6
(a) Chapter 2; or
7
(b) this Chapter; or
8
(c) Part 5.1; or
9
(d) the regulations;
10
it is a defence if the defendant proves that the defendant took all
11
reasonable steps to comply with the direction.
12
Note:
The defendant bears a legal burden in relation to the matter in this
13
section--see section 13.4 of the Criminal Code.
14
Chapter 4 Administration
Part 4.3 Restoration of the environment
Section 310
310 Offshore Petroleum Bill 2005 No. , 2005
1
Part 4.3--Restoration of the environment
2
3
310 Simplified outline
4
The following is a simplified outline of this Part:
5
·
The Designated Authority may give remedial directions to
6
titleholders or former titleholders about the following matters:
7
(a)
the removal of property;
8
(b)
the plugging or closing off of wells;
9
(c)
the conservation and protection of natural
10
resources;
11
(d)
the making good of damage to the seabed or
12
subsoil.
13
·
If there is a breach of a remedial direction, the Designated
14
Authority may do anything required by the direction to be
15
done.
16
·
If property has not been removed in accordance with a
17
remedial direction, the Designated Authority may direct the
18
owner to remove or dispose of the property.
19
311 Remedial directions to current holders of permits, leases and
20
licences
21
Scope
22
(1) This section applies to:
23
(a) an exploration permit; or
24
(b) a retention lease; or
25
(c) a production licence; or
26
Administration Chapter 4
Restoration of the environment Part 4.3
Section 311
Offshore Petroleum Bill 2005 No. , 2005 311
(d) an infrastructure licence; or
1
(e) a pipeline licence.
2
Direction to registered holder
3
(2) The Designated Authority may, by written notice given to the
4
registered holder of the permit, lease or licence, direct the holder to
5
do any or all of the following things on or before the applicable
6
date:
7
(a) to:
8
(i) remove, or cause to be removed, from the title area all
9
property brought into that area by any person engaged
10
or concerned in the operations authorised by the permit,
11
lease or licence; or
12
(ii) make arrangements that are satisfactory to the
13
Designated Authority in relation to that property;
14
(b) to plug or close off, to the satisfaction of the Designated
15
Authority, all wells made in the title area by any person
16
engaged or concerned in those operations;
17
(c) to provide, to the satisfaction of the Designated Authority,
18
for the conservation and protection of the natural resources in
19
the title area;
20
(d) to make good, to the satisfaction of the Designated Authority,
21
any damage to the seabed or subsoil in the title area caused
22
by any person engaged or concerned in those operations.
23
Note 1:
For applicable date and title area, see subsection (5).
24
Note 2:
For variation and revocation, see subsection 33(3) of the Acts
25
Interpretation Act 1901.
26
(3) Paragraph (2)(c) has effect subject to:
27
(a) Chapter 2; and
28
(b) this Chapter; and
29
(c) the regulations.
30
Offence
31
(4) A person commits an offence if:
32
(a) the person is subject to a direction under subsection (2); and
33
(b) the person omits to do an act; and
34
Chapter 4 Administration
Part 4.3 Restoration of the environment
Section 312
312 Offshore Petroleum Bill 2005 No. , 2005
(c) the omission breaches the direction.
1
Penalty: 100 penalty units.
2
Applicable date and title area
3
(5) For the purposes of this section, the table has effect:
4
5
Applicable date and title area
Item
In the case of...
the applicable date is...
and the title area is...
1
an exploration permit
the expiry date of the
permit
the permit area.
2
a retention lease
the expiry date of the
lease
the lease area.
3
a fixed-term production
licence
the expiry date of the
licence
the licence area.
4
a production licence
that is not a fixed-term
production licence
the first date on which
the licence can be
terminated under this
Act
the licence area.
5
an infrastructure
licence
the first date on which
the licence can be
terminated under this
Act
the licence area.
6
a pipeline licence
the first date on which
the licence can be
terminated under this
Act
the part of the offshore
area in which the
pipeline is constructed.
(6) A notice under subsection (2) need not identify the applicable date
6
as a particular calendar date.
7
312 Remedial directions to former holders of permits, leases,
8
licences and authorities etc.
9
Scope
10
(1) This section applies if an event specified in the table has happened:
11
12
Administration Chapter 4
Restoration of the environment Part 4.3
Section 312
Offshore Petroleum Bill 2005 No. , 2005 313
Scope
Item
Title
Event
1
Exploration permit
(a) the permit has been wholly or partly
revoked;
(b) the permit has been wholly or partly
cancelled;
(c) the permit has expired.
2
Retention lease
(a) the lease has been wholly or partly
revoked;
(b) the lease has been cancelled;
(c) the lease has expired.
3
Production licence
(a) the licence has been wholly or
partly revoked;
(b) the licence has been wholly or
partly cancelled;
(c) the licence has been terminated;
(d) the licence has expired.
4
Infrastructure licence
(a) the licence has been cancelled;
(b) the licence has been terminated.
5
Pipeline licence
(a) the licence has been wholly or
partly cancelled;
(b) the licence has been wholly or
partly terminated.
6
Special prospecting authority
(a) the authority has been surrendered;
(b) the authority has been cancelled;
(c) the authority has expired.
7
Access authority
(a) the authority has been revoked;
(b) the authority has been surrendered;
(c) the authority has expired.
Direction
1
(2) The Designated Authority may, by written notice given to the
2
person who was, or is, as the case may be, the registered holder of
3
the permit, lease, licence or authority, direct the person to do any
4
or all of the following things within the period specified in the
5
notice:
6
Chapter 4 Administration
Part 4.3 Restoration of the environment
Section 312
314 Offshore Petroleum Bill 2005 No. , 2005
(a) to:
1
(i) remove, or cause to be removed, from the vacated area
2
all property brought into that area by any person
3
engaged or concerned in the operations authorised by
4
the permit, lease, licence or authority; or
5
(ii) make arrangements that are satisfactory to the
6
Designated Authority in relation to that property;
7
(b) to plug or close off, to the satisfaction of the Designated
8
Authority, all wells made in the vacated area by any person
9
engaged or concerned in those operations;
10
(c) to provide, to the satisfaction of the Designated Authority,
11
for the conservation and protection of the natural resources in
12
the vacated area;
13
(d) to make good, to the satisfaction of the Designated Authority,
14
any damage to the seabed or subsoil in the vacated area
15
caused by any person engaged or concerned in those
16
operations.
17
(3) The period specified in the notice must be reasonable.
18
(4) Paragraph (2)(c) has effect subject to:
19
(a) Chapter 2; and
20
(b) this Chapter; and
21
(c) the regulations.
22
Offence
23
(5) A person commits an offence if:
24
(a) the person is subject to a direction under subsection (2); and
25
(b) the person omits to do an act; and
26
(c) the omission breaches the direction.
27
Penalty for contravention of this subsection:100 penalty units.
28
Administration Chapter 4
Restoration of the environment Part 4.3
Section 313
Offshore Petroleum Bill 2005 No. , 2005 315
313 Designated Authority may take action if a direction has been
1
breached
2
Scope
3
(1) This section applies if a direction is given under section 312.
4
Designated Authority may take action
5
(2) If:
6
(a) a direction under section 312 has been breached in relation to
7
the vacated area; or
8
(b) an arrangement under section 312 has not been carried out in
9
relation to the vacated area;
10
the Designated Authority may do any or all of the things required
11
by the direction or arrangement to be done.
12
Direction to remove property
13
(3) If any property brought into the vacated area by any person
14
engaged or concerned in the operations authorised by the permit,
15
lease, licence or authority has not been removed in accordance
16
with:
17
(a) a direction under section 312 in relation to the vacated area;
18
or
19
(b) an arrangement under section 312 in relation to the vacated
20
area;
21
the Designated Authority may, by written notice published in the
22
Gazette, direct the owner or owners of that property to:
23
(c) remove the property from the vacated area; or
24
(d) dispose of the property to the satisfaction of the Designated
25
Authority;
26
within the period specified in the notice.
27
Note:
For sanctions, see section 314.
28
(4) The period specified in the notice must be reasonable.
29
(5) If a direction is given under subsection (3) in relation to property,
30
the Designated Authority must give a copy of the notice to each
31
Chapter 4 Administration
Part 4.3 Restoration of the environment
Section 314
316 Offshore Petroleum Bill 2005 No. , 2005
person whom the Designated Authority believes to be an owner of
1
the property or of any part of the property.
2
314 Removal, disposal or sale of property by Designated
3
Authority--breach of direction
4
Power to remove, dispose of or sell property
5
(1) If a direction under subsection 313(3) has been breached in relation
6
to property, the Designated Authority may do any or all of the
7
following things:
8
(a) remove, in such manner as the Designated Authority thinks
9
fit, any or all of that property from the vacated area
10
concerned;
11
(b) dispose of, in such manner as the Designated Authority
12
thinks fit, any or all of that property;
13
(c) if, under subsection 313(5), a person was given a copy of the
14
notice of the direction--sell, by public auction or otherwise,
15
as the Designated Authority thinks fit, any or all of that
16
property that belongs, or that the Designated Authority
17
believes to belong, to that person.
18
Deduction of costs and expenses etc. from proceeds of sale
19
(2) The Designated Authority may deduct, from the proceeds of a sale
20
under subsection (1) of property that belongs (or that the
21
Designated Authority believes to belong) to a particular person, the
22
whole or a part of:
23
(a) any costs and expenses incurred by the Designated Authority
24
under that subsection in relation to that property; and
25
(b) any costs and expenses incurred by the Designated Authority
26
in relation to the doing of any thing required by a direction
27
under section 312 to be done by that person; and
28
(c) any fees or amounts payable by that person under this Act, so
29
long as the fee or amount concerned is due and payable; and
30
(d) any amounts payable by that person under the Royalty Act,
31
so long as the amount concerned is due and payable; and
32
(e) any amounts payable by that person under the Annual Fees
33
Act, so long as the amount concerned is due and payable.
34
Administration Chapter 4
Restoration of the environment Part 4.3
Section 315
Offshore Petroleum Bill 2005 No. , 2005 317
Balance of proceeds of sale to be paid to owner of property
1
(3) The proceeds of a sale of property under subsection (1), less any
2
deductions under subsection (2), are to be paid to the owner of the
3
property.
4
Recovery of costs and expenses--removal, disposal or sale of
5
property
6
(4) If the Designated Authority incurs any costs or expenses under
7
subsection (1) in relation to the removal, disposal or sale of
8
property, the costs or expenses:
9
(a) are a debt due by the owner of the property to the
10
Commonwealth; and
11
(b) to the extent to which they are not recovered under
12
subsection (2)--are recoverable in a court of competent
13
jurisdiction.
14
Recovery of costs and expenses--breach of direction
15
(5) If the Designated Authority incurs costs or expenses in relation to
16
the doing of anything required by a direction under section 312 to
17
be done by a person who is or was the registered holder of an
18
exploration permit, retention lease, production licence,
19
infrastructure licence, pipeline licence, special prospecting
20
authority or access authority, the costs or expenses:
21
(a) are a debt due by the person to the Commonwealth; and
22
(b) to the extent to which they are not recovered under
23
subsection (2)--are recoverable in a court of competent
24
jurisdiction.
25
315 Removal, disposal or sale of property--limitation of action etc.
26
Limitation of action etc.
27
(1) Except as provided by subsection 314(4) or section 316, no action,
28
suit or proceeding lies in relation to the removal, disposal or sale,
29
or the purported removal, disposal or sale, of property under
30
section 314.
31
Chapter 4 Administration
Part 4.3 Restoration of the environment
Section 316
318 Offshore Petroleum Bill 2005 No. , 2005
(2) Section 436 does not apply to an act or matter to the extent to
1
which subsection (1) of this section applies to the act or matter.
2
Judicial review
3
(3) This section does not affect:
4
(a) any rights conferred on a person by the Administrative
5
Decisions (Judicial Review) Act 1977 to apply to a court in
6
relation to:
7
(i) a decision; or
8
(ii) conduct engaged in for the purpose of making a
9
decision; or
10
(iii) a failure to make a decision; or
11
(b) any other rights that a person has to seek a review by a court
12
or tribunal in relation to:
13
(i) a decision; or
14
(ii) conduct engaged in for the purpose of making a
15
decision; or
16
(iii) a failure to make a decision.
17
(4) An expression used in subsection (3) has the same meaning as in
18
section 10 of the Administrative Decisions (Judicial Review) Act
19
1977.
20
316 Removal, disposal or sale of property--compensation for
21
acquisition of property
22
(1) If:
23
(a) the operation of section 314 or 315 would result in the
24
acquisition of property otherwise than on just terms; and
25
(b) the acquisition would not be valid, apart from this subsection,
26
because a particular person has not been compensated;
27
the Commonwealth is liable to pay a reasonable amount of
28
compensation to the person.
29
(2) If the Commonwealth and the person do not agree on the amount
30
of the compensation, the person may institute proceedings in the
31
Federal Court for the recovery from the Commonwealth of such
32
reasonable amount of compensation as the court determines.
33
Administration Chapter 4
Restoration of the environment Part 4.3
Section 316
Offshore Petroleum Bill 2005 No. , 2005 319
(3) In this section:
1
acquisition of property has the same meaning as in paragraph
2
51(xxxi) of the Constitution.
3
just terms has the same meaning as in paragraph 51(xxxi) of the
4
Constitution.
5
Chapter 4 Administration
Part 4.4 Offences and enforcement
Section 317
320 Offshore Petroleum Bill 2005 No. , 2005
1
Part 4.4--Offences and enforcement
2
3
317 Simplified outline
4
The following is a simplified outline of this Part:
5
·
The Designated Authority may appoint project inspectors, and
6
the project inspectors may exercise powers of access,
7
inspection and entry for the purposes of this Act and the
8
regulations.
9
·
A person must not interfere with offshore petroleum
10
installations or operations.
11
·
A court may make a forfeiture order in relation to property
12
used in the commission of an offence.
13
·
Proceedings in relation to an offence may be brought at any
14
time.
15
318 Appointment of project inspectors
16
Appointment
17
(1) The Designated Authority for an offshore area may, by writing,
18
appoint a person to be a project inspector in relation to the offshore
19
area if the person is an officer, or employee, of:
20
(a) the Commonwealth, a State or a Territory; or
21
(b) an authority of the Commonwealth, a State or a Territory.
22
Identity cards
23
(2) The Designated Authority must issue an identity card to a project
24
inspector. The identity card must:
25
(a) specify the offshore area concerned; and
26
(b) contain a recent photograph of the project inspector.
27
Administration Chapter 4
Offences and enforcement Part 4.4
Section 319
Offshore Petroleum Bill 2005 No. , 2005 321
(3) A person commits an offence if:
1
(a) the person has been issued with an identity card; and
2
(b) the person ceases to be a project inspector; and
3
(c) the person does not immediately return the identity card to:
4
(i) the Designated Authority; or
5
(ii) if the Designated Authority, by written notice given to
6
the person, specifies another person to whom the card is
7
to be returned--that other person.
8
Penalty: 5 penalty units.
9
(4) Subsection (3) does not apply if the identity card was lost or
10
destroyed.
11
Note:
The defendant bears an evidential burden in relation to the matter in
12
subsection (4)--see subsection 13.3(3) of the Criminal Code.
13
(5) A project inspector must carry the identity card at all times when
14
exercising powers, or performing functions, under this Act or the
15
regulations as a project inspector.
16
319 Monitoring powers of project inspectors
17
Powers
18
(1) For the purposes of this Act and the regulations, a project inspector
19
may, at all reasonable times and on production of the project
20
inspector's identity card, exercise the powers conferred by
21
subsection (2).
22
(2) The powers a project inspector may exercise under this section are
23
as follows:
24
(a) to have access to any part of the offshore area specified in the
25
card;
26
(b) to have access to any structure, vessel, aircraft or building in
27
the offshore area that the project inspector has reasonable
28
grounds to believe has been, is being or is to be used in
29
connection with any of the following operations in the
30
offshore area:
31
(i) petroleum exploration operations;
32
(ii) petroleum recovery operations;
33
Chapter 4 Administration
Part 4.4 Offences and enforcement
Section 319
322 Offshore Petroleum Bill 2005 No. , 2005
(iii) operations relating to the processing or storage of
1
petroleum;
2
(iv) operations relating to the preparation of petroleum for
3
transport;
4
(v) operations connected with the construction or operation
5
of a pipeline;
6
(c) to inspect and test any equipment that the project inspector
7
has reasonable grounds to believe has been, is being or is to
8
be used in the offshore area in connection with any of those
9
operations;
10
(d) to enter any structure, vessel, aircraft, building or place that
11
is in:
12
(i) the offshore area; or
13
(ii) the State or Territory to which the offshore area relates;
14
and in which the project inspector has reasonable grounds to
15
believe there are any documents relating to any of those
16
operations, and to inspect, take extracts from and make
17
copies of any of those documents.
18
Residential premises
19
(3) A project inspector may exercise powers under paragraph (2)(d) to
20
enter residential premises in a State or Territory only:
21
(a) in accordance with a warrant issued under section 320; or
22
(b) after obtaining the consent of the occupier of the premises.
23
(4) If:
24
(a) a project inspector enters residential premises in accordance
25
with a warrant issued under section 320; and
26
(b) the occupier of the premises is present at the premises;
27
the project inspector must make available to the occupier a copy of
28
the warrant or a copy of the form of the warrant.
29
(5) Before obtaining the consent of a person as mentioned in
30
paragraph (3)(b), a project inspector must inform the person that
31
the person may refuse consent.
32
(6) A consent of a person is not effective for the purposes of
33
subsection (3) unless the consent is voluntary.
34
Administration Chapter 4
Offences and enforcement Part 4.4
Section 319
Offshore Petroleum Bill 2005 No. , 2005 323
Facilities and assistance to be provided by occupier or person in
1
charge
2
(7) A person who is:
3
(a) the occupier or person in charge of any building, structure or
4
place referred to in subsection (2); or
5
(b) the person in charge of any vessel, aircraft or equipment
6
referred to in subsection (2);
7
must provide a project inspector with all reasonable facilities and
8
assistance for the effective exercise of the project inspector's
9
powers under this section.
10
(8) A person commits an offence if:
11
(a) the person is subject to a requirement under subsection (7);
12
and
13
(b) the person omits to do an act; and
14
(c) the omission breaches the requirement.
15
Penalty: 50 penalty units.
16
Obstructing or hindering a project inspector
17
(9) A person commits an offence if:
18
(a) the person engages in conduct; and
19
(b) the conduct obstructs or hinders a project inspector in the
20
exercise of the project inspector's powers under this section.
21
Penalty: 50 penalty units.
22
(10) Subsection (9) does not apply if the person has a reasonable
23
excuse.
24
Note 1:
The defendant bears an evidential burden in relation to the matter in
25
subsection (10)--see subsection 13.3(3) of the Criminal Code.
26
Note 2:
See also Part 2.3 of the Criminal Code (circumstances in which there
27
is no criminal responsibility).
28
Note 3:
The same conduct may be an offence against both subsection (9) of
29
this section and section 149.1 of the Criminal Code.
30
Chapter 4 Administration
Part 4.4 Offences and enforcement
Section 320
324 Offshore Petroleum Bill 2005 No. , 2005
320 Warrants to enter residential premises
1
(1) A project inspector may apply to a Magistrate for a warrant
2
authorising the project inspector, with such assistance as the
3
project inspector thinks necessary, to exercise the power referred to
4
in paragraph 319(2)(d) in relation to particular residential premises.
5
(2) The application must be supported by an information on oath or
6
affirmation that sets out the grounds on which the project inspector
7
is applying for the warrant.
8
(3) If the Magistrate is satisfied that there are reasonable grounds for
9
issuing the warrant, the Magistrate may issue the warrant.
10
(4) A warrant issued under subsection (3) must state:
11
(a) the name of the project inspector; and
12
(b) whether the inspection may be carried out at any time or only
13
during specified hours of the day; and
14
(c) the day on which the warrant ceases to have effect; and
15
(d) the purposes for which the warrant is issued.
16
(5) The day specified under paragraph (4)(c) is not to be more than 7
17
days after the day on which the warrant is issued.
18
(6) The purposes specified under paragraph (4)(d) must include the
19
identification of the premises in relation to which the warrant is
20
issued.
21
321 Interfering with offshore petroleum installations or operations
22
(1) A person commits an offence if:
23
(a) the person engages in conduct; and
24
(b) the person's conduct results in:
25
(i) damage to, or interference with, any structure or vessel
26
that is in an offshore area and that is, or is to be, used in
27
exploring for, recovering, processing, storing, preparing
28
for transport, or transporting, petroleum; or
29
(ii) damage to, or interference with, any equipment on, or
30
attached to, such a structure or vessel; or
31
Administration Chapter 4
Offences and enforcement Part 4.4
Section 322
Offshore Petroleum Bill 2005 No. , 2005 325
(iii) interference with any operations or activities being
1
carried out, or any works being executed, on, by means
2
of, or in connection with, such a structure or vessel.
3
Penalty: Imprisonment for 10 years.
4
(2) In this section:
5
structure means any fixed, moveable or floating structure or
6
installation, and includes a pipeline, pumping station, tank station
7
or valve station.
8
322 Forfeiture orders etc.
9
Scope
10
(1) This section applies if a person is convicted by a court of:
11
(a) an offence against section 77, 136, 165 or 179; or
12
(b) an offence against section 6 of the Crimes Act 1914 in
13
relation to an offence referred to in paragraph (a) of this
14
subsection.
15
Note:
For ancillary offences, see section 11.6 of the Criminal Code.
16
Orders
17
(2) The court may, in addition to imposing a penalty, make any or all
18
of the following orders:
19
(a) an order for the forfeiture of a specified aircraft or vessel
20
used in the commission of the offence;
21
(b) an order for the forfeiture of specified equipment used in the
22
commission of the offence;
23
(c) an order for the forfeiture of specified petroleum recovered,
24
or conveyed through a pipeline, as the case may be, in the
25
course of the commission of the offence;
26
(d) an order for the payment by that person to the
27
Commonwealth of an amount equal to the proceeds of the
28
sale of specified petroleum so recovered or conveyed;
29
(e) an order for the payment by that person to the
30
Commonwealth of:
31
Chapter 4 Administration
Part 4.4 Offences and enforcement
Section 323
326 Offshore Petroleum Bill 2005 No. , 2005
(i) an amount equal to the value at the wellhead, assessed
1
by the court, of the quantity, so assessed, of petroleum
2
so recovered or conveyed; or
3
(ii) such part of that amount as the court, having regard to
4
all the circumstances, thinks fit.
5
(3) If the court is satisfied that an order under paragraph (2)(c) cannot,
6
for any reason, be enforced, the court may, on the application of
7
the person by whom the proceedings were brought:
8
(a) set aside the order; and
9
(b) make either of the orders referred to in paragraphs (2)(d) and
10
(e).
11
(4) The court may, before making an order under this section:
12
(a) require notice to be given to such persons as the court thinks
13
fit; and
14
(b) hear such persons as the court thinks fit.
15
(5) Goods in relation to which an order is made under this section:
16
(a) must be dealt with as the Attorney-General directs; and
17
(b) pending the Attorney-General's direction, may be detained in
18
such custody as the court directs.
19
323 Time for bringing proceedings for offences
20
(1) Proceedings in relation to any of the following offences may be
21
brought at any time:
22
(a) an offence against:
23
(i) Chapter 2; or
24
(ii) Chapter 3; or
25
(iii) this Chapter; or
26
(iv) Part 5.1; or
27
(v) the regulations;
28
(b) an offence against section 6 of the Crimes Act 1914 in
29
relation to an offence referred to in paragraph (a) of this
30
subsection.
31
Note:
For ancillary offences, see section 11.6 of the Criminal Code.
32
Administration Chapter 4
Offences and enforcement Part 4.4
Section 323
Offshore Petroleum Bill 2005 No. , 2005 327
(2) Subsection (1) has effect despite section 15B of the Crimes Act
1
1914.
2
Chapter 4 Administration
Part 4.5 Safety zones and the area to be avoided
Division 1 Introduction
Section 324
328 Offshore Petroleum Bill 2005 No. , 2005
1
Part 4.5--Safety zones and the area to be avoided
2
Division 1--Introduction
3
324 Simplified outline
4
The following is a simplified outline of this Part:
5
·
The Designated Authority may prohibit certain vessels from
6
entering or being present in an area (called a safety zone)
7
surrounding a well or structure, or an item of equipment, in an
8
offshore area.
9
·
The area to be avoided is the area described in Schedule 2 (an
10
area off the coast of Victoria), but does not include a safety
11
zone or the coastal waters of Victoria.
12
·
A vessel must not enter or be present in the area to be avoided
13
unless authorised to do so under this Part.
14
·
An authorised person may exercise powers for the purposes of
15
the enforcement of this Part.
16
325 Simplified map of the area to which Schedule 2 applies
17
This section sets out a simplified map illustrating the area to which
18
Schedule 2 applies:
19
Administration Chapter 4
Safety zones and the area to be avoided Part 4.5
Introduction Division 1
Section 326
Offshore Petroleum Bill 2005 No. , 2005 329
1
326 Definitions
2
In this Part:
3
area to be avoided means so much of the area to which Schedule 2
4
applies as comprises waters of the sea that:
5
(a) are not within the coastal waters of Victoria or within any
6
area on the landward side of those coastal waters; and
7
Chapter 4 Administration
Part 4.5 Safety zones and the area to be avoided
Division 1 Introduction
Section 326
330 Offshore Petroleum Bill 2005 No. , 2005
(b) are not within a safety zone.
1
Note:
The area to which Schedule 2 applies is an area off the coast of
2
Victoria.
3
authorised person has the meaning given by section 328.
4
exempt vessel, in relation to a safety zone, means a vessel:
5
(a) that is excluded from the operation of section 329 in relation
6
to that safety zone because:
7
(i) the vessel is specified in the notice establishing the
8
safety zone; or
9
(ii) the vessel is included in a class of vessels specified in
10
the notice establishing the safety zone; or
11
(b) for which a written consent of the Designated Authority
12
under subsection 329(1) is in force in relation to the safety
13
zone.
14
foreign-flag vessel means a vessel that:
15
(a) under the law of a foreign country, is entitled to fly the flag
16
of that country; and
17
(b) is flying that flag.
18
government body means:
19
(a) the Commonwealth, a State or a Territory; or
20
(b) a body corporate established for a public purpose by or under
21
a law of the Commonwealth or of a State or Territory, other
22
than:
23
(i) the Western Australian Coastal Shipping Commission;
24
or
25
(ii) the Transport Commission established under the
26
Transport Act 1981 of Tasmania; or
27
(iii) a body corporate that is declared by regulations made
28
under the Shipping Registration Act 1981 not to be a
29
Government authority for the purposes of that Act.
30
Government vessel means:
31
(a) a vessel that is beneficially owned by a government body; or
32
(b) a vessel the whole possession and control of which is for the
33
time being vested in a government body.
34
Administration Chapter 4
Safety zones and the area to be avoided Part 4.5
Introduction Division 1
Section 326
Offshore Petroleum Bill 2005 No. , 2005 331
master, in relation to a vessel, means the person having command
1
or charge of the vessel.
2
owner, in relation to a vessel, means:
3
(a) if the vessel is being operated by a person who:
4
(i) does not own the vessel; and
5
(ii) has the whole possession and control of the vessel;
6
the person operating the vessel; or
7
(b) in any other case--the person who owns the vessel.
8
prescribed safety zone means a safety zone that is situated within
9
any part of the area to which Schedule 2 applies that comprises
10
waters of the sea that are not within the coastal waters of Victoria
11
or within any area on the landward side of those coastal waters.
12
Note:
The area to which Schedule 2 applies is an area off the coast of
13
Victoria.
14
relevant vessel means:
15
(a) a vessel that satisfies the following conditions:
16
(i) the vessel is registered under the Shipping Registration
17
Act 1981;
18
(ii) the gross tonnage of the vessel specified in the
19
certificate of registration of the vessel exceeds 200;
20
(iii) the vessel is not a Government vessel; or
21
(b) a vessel that satisfies the following conditions:
22
(i) the vessel is not registered under the Shipping
23
Registration Act 1981;
24
(ii) the vessel is permitted to be registered under that Act;
25
(iii) the vessel is not a foreign-flag vessel;
26
(iv) the tonnage length of the vessel equals or exceeds 24
27
metres (for this purpose, the tonnage length is to be
28
determined in the same manner as it is determined for
29
the purposes of the Shipping Registration Act 1981);
30
(v) the vessel is not a Government vessel; or
31
(c) a vessel that satisfies the following conditions:
32
(i) the vessel is not a vessel to which paragraph (a) or (b)
33
applies;
34
Chapter 4 Administration
Part 4.5 Safety zones and the area to be avoided
Division 1 Introduction
Section 327
332 Offshore Petroleum Bill 2005 No. , 2005
(ii) the vessel is in the offshore area for the purpose of
1
exploring the seabed or subsoil of the offshore area for
2
petroleum or minerals or for the purpose of exploiting
3
the petroleum or minerals which occur as natural
4
resources of that seabed or subsoil;
5
(iii) the vessel is not a Government vessel.
6
Note:
If a state of emergency is declared under section 327, this Part has
7
effect as if subparagraphs (a)(ii) and (b)(iv) of this definition were
8
omitted--see subsection 327(6).
9
safety zone means an area that is a safety zone for the purposes of
10
section 329.
11
terrorist activity includes an activity involving extortion.
12
327 Emergency periods--modification of definition of relevant vessel
13
Declaration of state of emergency
14
(1) If the responsible Commonwealth Minister is satisfied that:
15
(a) terrorist activity is likely to occur in the area to be avoided or
16
in a prescribed safety zone; and
17
(b) if that activity occurred:
18
(i) the safety of any person in the area to be avoided or in a
19
prescribed safety zone would be likely to be at risk; or
20
(ii) any well, pipeline, structure or equipment in the area to
21
be avoided or in a prescribed safety zone would be
22
likely to be damaged;
23
the responsible Commonwealth Minister may, by notice published
24
in the Gazette, declare that a state of emergency exists in relation
25
to the area to be avoided.
26
Duration of state of emergency
27
(2) A notice under subsection (1):
28
(a) comes into force on the day on which the notice is published
29
in the Gazette; and
30
(b) continues to be in force during the period (not exceeding 14
31
days) specified in the notice.
32
Administration Chapter 4
Safety zones and the area to be avoided Part 4.5
Introduction Division 1
Section 328
Offshore Petroleum Bill 2005 No. , 2005 333
Extension of state of emergency
1
(3) If:
2
(a) a notice under subsection (1) is in force; and
3
(b) before the end of the period during which the notice remains
4
in force, the responsible Commonwealth Minister is satisfied
5
that it is necessary to extend the period of the state of
6
emergency;
7
the responsible Commonwealth Minister may, by notice published
8
in the Gazette, extend the period of the state of emergency by the
9
period (not exceeding 14 days) specified in the notice.
10
Consultation
11
(4) Before making a notice under subsection (1), the responsible
12
Commonwealth Minister must consult the Designated Authority
13
about the proposed making of the notice.
14
(5) Before extending the period of a state of emergency under
15
subsection (3), the responsible Commonwealth Minister must
16
consult the Designated Authority about the proposed extension.
17
Modification of definition of relevant vessel
18
(6) During any period during which a notice under this section is in
19
force, this Part has effect as if subparagraphs (a)(ii) and (b)(iv)
20
were omitted from the definition of relevant vessel in section 326.
21
Note 1:
Subparagraph (a)(ii) of the definition of relevant vessel in section 326
22
deals with gross tonnage.
23
Note 2:
Subparagraph (b)(iv) of the definition of relevant vessel in section 326
24
deals with tonnage length.
25
Gazettal of notice
26
(7) Section 442 does not apply to a notice under this section.
27
328 Authorised persons
28
(1) For the purposes of this Part, an authorised person is:
29
(a) a member or special member of the Australian Federal
30
Police; or
31
Chapter 4 Administration
Part 4.5 Safety zones and the area to be avoided
Division 1 Introduction
Section 328
334 Offshore Petroleum Bill 2005 No. , 2005
(b) a member of the police force of a State or Territory; or
1
(c) a member of the Defence Force; or
2
(d) an officer of customs within the meaning of the Customs Act
3
1901; or
4
(e) a person who is an authorised person because of a declaration
5
under subsection (2).
6
(2) The Designated Authority may, by notice published in the Gazette,
7
declare that a person, or a person included in a specified class of
8
persons, is an authorised person for the purposes of this Part.
9
Declaration
10
(3) A declaration under subsection (2) is not a legislative instrument
11
for the purposes of the Legislative Instruments Act 2003.
12
Administration Chapter 4
Safety zones and the area to be avoided Part 4.5
Safety zones Division 2
Section 329
Offshore Petroleum Bill 2005 No. , 2005 335
1
Division 2--Safety zones
2
329 Safety zones
3
Prohibition
4
(1) For the purpose of protecting a well or structure, or any equipment,
5
in an offshore area, the Designated Authority may, by notice
6
published in the Gazette, prohibit:
7
(a) all vessels; or
8
(b) all vessels other than specified vessels; or
9
(c) all vessels other than the vessels included in specified classes
10
of vessels;
11
from entering or being present in a specified area (the safety zone)
12
surrounding the well, structure or equipment without the written
13
consent of the Designated Authority.
14
(2) A safety zone specified in a notice under subsection (1) may
15
extend to a distance of 500 metres around the well, structure or
16
equipment specified in the notice, where that distance is measured
17
from each point of the outer edge of the well, structure or
18
equipment.
19
Offences
20
(3) A person commits an offence if:
21
(a) the person is the owner or master of a vessel; and
22
(b) the vessel is subject to a notice under subsection (1); and
23
(c) in breach of the notice, the vessel enters or is present in the
24
safety zone specified in the notice.
25
Penalty: Imprisonment for 15 years.
26
(4) The fault element for paragraph (3)(c) is intention.
27
(5) A person commits an offence if:
28
(a) the person is the owner or master of a vessel; and
29
(b) the vessel is subject to a notice under subsection (1); and
30
Chapter 4 Administration
Part 4.5 Safety zones and the area to be avoided
Division 2 Safety zones
Section 329
336 Offshore Petroleum Bill 2005 No. , 2005
(c) in breach of the notice, the vessel enters or is present in the
1
safety zone specified in the notice.
2
Penalty: Imprisonment for 12.5 years.
3
(6) The fault element for paragraph (5)(c) is recklessness.
4
(7) A person commits an offence if:
5
(a) the person is the owner or master of a vessel; and
6
(b) the vessel is subject to a notice under subsection (1); and
7
(c) in breach of the notice, the vessel enters or is present in the
8
safety zone specified in the notice.
9
Penalty: Imprisonment for 10 years.
10
(8) The fault element for paragraph (7)(c) is negligence.
11
(9) A person commits an offence if:
12
(a) the person is the owner or master of a vessel; and
13
(b) the vessel is subject to a notice under subsection (1); and
14
(c) in breach of the notice, the vessel enters or is present in the
15
safety zone specified in the notice.
16
Penalty: Imprisonment for 5 years.
17
(10) An offence against subsection (9) is an offence of strict liability.
18
Note:
For strict liability, see section 6.1 of the Criminal Code.
19
Notice
20
(11) A notice under subsection (1) is not a legislative instrument for the
21
purposes of the Legislative Instruments Act 2003.
22
Administration Chapter 4
Safety zones and the area to be avoided Part 4.5
Unauthorised vessel not to enter area to be avoided Division 3
Section 330
Offshore Petroleum Bill 2005 No. , 2005 337
1
Division 3--Unauthorised vessel not to enter area to be
2
avoided
3
330 Designated Authority may authorise entry into area to be
4
avoided
5
Application for authorisation
6
(1) The owner of a vessel may apply to the Designated Authority for
7
the grant of an authorisation for the vessel to enter, and to be
8
present in, the area to be avoided.
9
(2) An application under subsection (1) must be in writing.
10
Grant of authorisation
11
(3) If an application is made under subsection (1) in relation to a
12
vessel, the Designated Authority may, by written notice given to
13
the applicant, authorise the vessel to enter, and to be present in, the
14
area to be avoided.
15
Conditions
16
(4) An authorisation under subsection (3) is subject to such conditions
17
as are specified in the notice of authorisation.
18
Revocation of authorisation
19
(5) If an authorisation under subsection (3) is in force in relation to a
20
vessel, the Designated Authority may, by written notice given to
21
the owner of the vessel, revoke the authorisation.
22
331 Unauthorised vessel not to enter area to be avoided
23
(1) A person commits an offence if:
24
(a) the person is the owner or master of a relevant vessel; and
25
(b) the vessel is not an exempt vessel in relation to a prescribed
26
safety zone; and
27
Chapter 4 Administration
Part 4.5 Safety zones and the area to be avoided
Division 3 Unauthorised vessel not to enter area to be avoided
Section 331
338 Offshore Petroleum Bill 2005 No. , 2005
(c) the vessel enters or is present in the area to be avoided
1
otherwise than in accordance with an authorisation in force in
2
relation to the vessel under subsection 330(3).
3
Penalty: Imprisonment for 7.5 years.
4
(2) The fault element for paragraph (1)(c) is intention.
5
(3) A person commits an offence if:
6
(a) the person is the owner or master of a relevant vessel; and
7
(b) the vessel is not an exempt vessel in relation to a prescribed
8
safety zone; and
9
(c) the vessel enters or is present in the area to be avoided
10
otherwise than in accordance with an authorisation in force in
11
relation to the vessel under subsection 330(3).
12
Penalty: Imprisonment for 6.25 years.
13
(4) The fault element for paragraph (3)(c) is recklessness.
14
(5) A person commits an offence if:
15
(a) the person is the owner or master of a relevant vessel; and
16
(b) the vessel is not an exempt vessel in relation to a prescribed
17
safety zone; and
18
(c) the vessel enters or is present in the area to be avoided
19
otherwise than in accordance with an authorisation in force in
20
relation to the vessel under subsection 330(3).
21
Penalty: Imprisonment for 5 years.
22
(6) The fault element for paragraph (5)(c) is negligence.
23
(7) A person commits an offence if:
24
(a) the person is the owner or master of a relevant vessel; and
25
(b) the vessel is not an exempt vessel in relation to a prescribed
26
safety zone; and
27
(c) the vessel enters or is present in the area to be avoided
28
otherwise than in accordance with an authorisation in force in
29
relation to the vessel under subsection 330(3).
30
Penalty: Imprisonment for 2.5 years.
31
Administration Chapter 4
Safety zones and the area to be avoided Part 4.5
Unauthorised vessel not to enter area to be avoided Division 3
Section 331
Offshore Petroleum Bill 2005 No. , 2005 339
(8) An offence against subsection (7) is an offence of strict liability.
1
Note:
For strict liability, see section 6.1 of the Criminal Code.
2
(9) In a prosecution for an offence against subsection (1), (3), (5) or
3
(7), it is a defence if the defendant proves that:
4
(a) an unforeseen emergency rendered it necessary for the vessel
5
to enter or be present in the area in order to attempt to secure
6
the safety of:
7
(i) the vessel; or
8
(ii) another vessel; or
9
(iii) any well, pipeline, structure or equipment; or
10
(iv) human life; or
11
(b) the vessel entered or was present in the area in circumstances
12
not under the control of the person who was in charge of the
13
navigational watch of the vessel.
14
Note:
A defendant bears a legal burden in relation to the matter in
15
subsection (9)--see section 13.4 of the Criminal Code.
16
Chapter 4 Administration
Part 4.5 Safety zones and the area to be avoided
Division 4 Powers of authorised persons
Section 332
340 Offshore Petroleum Bill 2005 No. , 2005
1
Division 4--Powers of authorised persons
2
332 Requirement to move vessel etc.
3
(1) An authorised person may:
4
(a) require the master of a vessel that satisfies the following
5
conditions:
6
(i) the vessel is a relevant vessel, or the authorised person
7
has reasonable grounds to believe that the vessel is a
8
relevant vessel;
9
(ii) the vessel is in the area to be avoided otherwise than in
10
accordance with an authorisation in force in relation to
11
the vessel under subsection 330(3);
12
(iii) the vessel is not an exempt vessel in relation to a
13
prescribed safety zone;
14
to take the vessel outside the area to be avoided; or
15
(b) require the master of a vessel that satisfies the following
16
conditions:
17
(i) the vessel is in a safety zone;
18
(ii) the vessel is not an exempt vessel in relation to the
19
safety zone;
20
to take the vessel outside the safety zone; or
21
(c) require the master of a disabled vessel that satisfies any of
22
the following conditions:
23
(i) the vessel is in the area to be avoided, and either the
24
vessel is a relevant vessel or the authorised person has
25
reasonable grounds to believe that the vessel is a
26
relevant vessel;
27
(ii) the vessel is in a safety zone;
28
(iii) the vessel is a relevant vessel (or the authorised person
29
has reasonable grounds to believe that the vessel is a
30
relevant vessel), and the authorised person has
31
reasonable grounds to believe that the vessel is likely to
32
cause damage to any well, pipeline, structure or
33
equipment in the area to be avoided or in a safety zone;
34
Administration Chapter 4
Safety zones and the area to be avoided Part 4.5
Powers of authorised persons Division 4
Section 333
Offshore Petroleum Bill 2005 No. , 2005 341
to permit the vessel to be towed away from the area to be
1
avoided or the safety zone, as the case requires, or to accept
2
the giving of such other assistance to the vessel as the
3
authorised person considers necessary.
4
Offences
5
(2) A person commits an offence if:
6
(a) the person is subject to a requirement under subsection (1);
7
and
8
(b) the person omits to do an act; and
9
(c) the omission breaches the requirement.
10
Penalty: 50 penalty units.
11
(3) A person commits an offence if:
12
(a) the person engages in conduct; and
13
(b) the conduct hinders or obstructs an authorised person who is
14
acting under subsection (1).
15
Penalty for contravention of this subsection: 50 penalty units.
16
Note:
The same conduct may be an offence against both subsection (3) of
17
this section and section 149.1 of the Criminal Code.
18
333 Other powers of authorised persons
19
(1) An authorised person may:
20
(a) board a vessel that the authorised person has reasonable
21
grounds to believe has been used, is being used or is about to
22
be used in contravention of section 329 or 331; or
23
(b) if the authorised person has boarded a vessel in the exercise
24
of powers under paragraph (a):
25
(i) require any person on board the vessel to answer
26
questions relating to the vessel or to the movements of
27
the vessel; or
28
(ii) require the master of the vessel to state whether a
29
consent under subsection 329(1), or an authorisation
30
under subsection 330(3), is in force in relation to the
31
vessel and, if so, to produce the consent or
32
authorisation, as the case may be; or
33
Chapter 4 Administration
Part 4.5 Safety zones and the area to be avoided
Division 4 Powers of authorised persons
Section 333
342 Offshore Petroleum Bill 2005 No. , 2005
(iii) if the vessel is registered under the Shipping
1
Registration Act 1981--require the master of the vessel
2
to produce the certificate of registration of the vessel; or
3
(iv) search the vessel for any documents relating to the
4
vessel or to the movements of the vessel; or
5
(c) if the following conditions are satisfied in relation to a vessel:
6
(i) the vessel is in, or is near, the area to be avoided;
7
(ii) the authorised person has reasonable grounds to believe
8
that the vessel is a vessel of the kind referred to in
9
paragraph (b) of the definition of relevant vessel in
10
section 326;
11
(iii) no authorisation under subsection 330(3) is in force in
12
relation to the vessel;
13
(iv) the vessel is not an exempt vessel in relation to a
14
prescribed safety zone;
15
require the master of the vessel to permit the authorised
16
person to take measurements of the vessel; or
17
(d) detain a vessel that the authorised person has reasonable
18
grounds to believe has been used in contravention of
19
section 329 or 331.
20
(2) An authorised person may exercise powers under subsection (1) in
21
relation to a vessel only:
22
(a) in accordance with a warrant issued under section 334; or
23
(b) after obtaining the consent of the master of the vessel; or
24
(c) in circumstances of seriousness and urgency, in accordance
25
with section 335.
26
Offences
27
(3) A person commits an offence if:
28
(a) the person is subject to a requirement under subsection (1);
29
and
30
(b) the person omits to do an act; and
31
(c) the omission breaches the requirement.
32
Penalty: 50 penalty units.
33
Administration Chapter 4
Safety zones and the area to be avoided Part 4.5
Powers of authorised persons Division 4
Section 333
Offshore Petroleum Bill 2005 No. , 2005 343
(4) A person must facilitate, by all reasonable means, the boarding of a
1
vessel by an authorised person under subsection (1).
2
(5) A person commits an offence if:
3
(a) the person is subject to a requirement under subsection (4);
4
and
5
(b) the person omits to do an act; and
6
(c) the omission breaches the requirement.
7
Penalty: 50 penalty units.
8
(6) An offence against subsection (5) is an offence of strict liability.
9
Note:
For strict liability, see section 6.1 of the Criminal Code.
10
(7) A person must allow a search authorised under subsection (1) to be
11
made by an authorised person.
12
(8) A person commits an offence if:
13
(a) the person is subject to a requirement under subsection (7);
14
and
15
(b) the person omits to do an act; and
16
(c) the omission breaches the requirement.
17
Penalty: 50 penalty units.
18
(9) A person commits an offence if:
19
(a) the person engages in conduct; and
20
(b) the conduct hinders or obstructs an authorised person who is
21
acting under subsection (1).
22
Penalty: 50 penalty units.
23
(10) A person (the first person) commits an offence if:
24
(a) an authorised person requires the first person to give
25
information under subsection (1); and
26
(b) the first person gives information; and
27
(c) the first person does so knowing that the information is false
28
or misleading in a material particular.
29
Penalty for contravention of this subsection: 50 penalty units.
30
Chapter 4 Administration
Part 4.5 Safety zones and the area to be avoided
Division 4 Powers of authorised persons
Section 334
344 Offshore Petroleum Bill 2005 No. , 2005
Note:
The same conduct may be an offence against both subsection (10) of
1
this section and section 137.1 of the Criminal Code.
2
334 Warrants
3
(1) If:
4
(a) an information on oath or affirmation is laid before a
5
Magistrate alleging that there are reasonable grounds to
6
believe that a vessel has been used, is being used or is about
7
to be used in contravention of section 329 or 331; and
8
(b) the information sets out those grounds and identifies the
9
vessel;
10
the Magistrate may issue a warrant authorising an authorised
11
person named in the warrant, with such assistance as the authorised
12
person thinks necessary, to exercise any or all of the powers
13
referred to in subsection 333(1) in relation to that vessel.
14
(2) A Magistrate may issue a warrant under subsection (1) only if:
15
(a) the informant or some other person has given to the
16
Magistrate, either orally or by affidavit, such further
17
information (if any) as the Magistrate requires concerning the
18
grounds on which the issue of the warrant is being sought;
19
and
20
(b) the Magistrate is satisfied that there are reasonable grounds
21
for issuing the warrant.
22
(3) A warrant issued under subsection (1) must:
23
(a) specify the purpose for which the warrant is issued; and
24
(b) set out a description of the vessel in relation to which the
25
warrant is issued; and
26
(c) specify a day as the day on which the warrant ceases to have
27
effect.
28
(4) The day specified under paragraph (3)(c) must not be later than 7
29
days after the day on which the warrant is issued.
30
335 Exercise of powers in serious circumstances
31
An authorised person may exercise, in relation to a vessel, any or
32
all of the powers referred to in subsection 333(1) if:
33
Administration Chapter 4
Safety zones and the area to be avoided Part 4.5
Powers of authorised persons Division 4
Section 335
Offshore Petroleum Bill 2005 No. , 2005 345
(a) the authorised person has reasonable grounds to believe that:
1
(i) the vessel has been used, is being used or is about to be
2
used in contravention of section 329 or 331; or
3
(ii) the exercise of those powers is necessary to prevent
4
damage being caused to any well, pipeline, structure or
5
equipment in the area to be avoided or in a safety zone;
6
and
7
(b) the circumstances are of such a serious nature as to require
8
and justify the immediate exercise of those powers without
9
the authority of a warrant issued under section 334.
10
Chapter 4 Administration
Part 4.6 Collection of fees and royalties
Division 1 Fees payable under the Annual Fees Act
Section 336
346 Offshore Petroleum Bill 2005 No. , 2005
1
Part 4.6--Collection of fees and royalties
2
Division 1--Fees payable under the Annual Fees Act
3
336 When fee due for payment
4
Scope
5
(1) This section applies to a fee payable under the Annual Fees Act in
6
relation to a year of the term of:
7
(a) a work-bid exploration permit; or
8
(b) a special exploration permit; or
9
(c) a retention lease; or
10
(d) a production licence; or
11
(e) an infrastructure licence; or
12
(f) a pipeline licence.
13
First year
14
(2) The fee for the first year of the term of the permit, lease or licence
15
is due and payable at the end of 30 days after the day on which the
16
term begins.
17
Later year
18
(3) The fee for a later year of the term of the permit, lease or licence is
19
due and payable at the end of 30 days after the anniversary of the
20
day on which the first year of the term begins.
21
337 Late payment penalty
22
(1) This section applies if a fee payable by a person under the Annual
23
Fees Act remains unpaid after the time when it became due for
24
payment.
25
(2) The person is liable to pay a penalty accruing from the time the fee
26
became due for payment until it is paid in full.
27
Administration Chapter 4
Collection of fees and royalties Part 4.6
Fees payable under the Annual Fees Act Division 1
Section 338
Offshore Petroleum Bill 2005 No. , 2005 347
(3) The penalty is calculated at the rate of 0.333333% per day on the
1
amount of the fee remaining unpaid.
2
(4) A penalty under this section is to be known as a late payment
3
penalty.
4
338 Recovery of annual fee debts
5
(1) For the purposes of this section, an annual fee debt is:
6
(a) an amount of a fee under the Annual Fees Act that is due and
7
payable by a person; or
8
(b) an amount of late payment penalty under section 337.
9
(2) An annual fee debt is a debt due to the Commonwealth.
10
(3) An annual fee debt may be recovered by the Commonwealth by
11
action in a court of competent jurisdiction.
12
339 Amounts payable to the Designated Authority
13
The following amounts are payable to the Designated Authority on
14
behalf of the Commonwealth:
15
(a) an amount of a fee under the Annual Fees Act; or
16
(b) an amount of late payment penalty under section 337.
17
Chapter 4 Administration
Part 4.6 Collection of fees and royalties
Division 2 Fees payable under the Registration Fees Act
Section 340
348 Offshore Petroleum Bill 2005 No. , 2005
1
Division 2--Fees payable under the Registration Fees Act
2
340 Fees payable to the Designated Authority
3
A fee under the Registration Fees Act is payable to the Designated
4
Authority on behalf of the Commonwealth.
5
Administration Chapter 4
Collection of fees and royalties Part 4.6
Royalties payable under the Royalty Act Division 3
Section 341
Offshore Petroleum Bill 2005 No. , 2005 349
1
Division 3--Royalties payable under the Royalty Act
2
341 When royalty due for payment
3
(1) Royalty payable under the Royalty Act in relation to petroleum
4
recovered during a royalty period is due and payable at the end of
5
the next royalty period.
6
(2) In this section:
7
royalty period has the same meaning as in the Royalty Act.
8
342 When adjusted amount due for payment
9
Provisional value
10
(1) If:
11
(a) an amount is payable under subsection 16(2) of the Royalty
12
Act; and
13
(b) paragraph 16(1)(a) of the Royalty Act applies;
14
the amount is due and payable at the end of the next royalty period
15
following the royalty period in which the agreement or
16
determination mentioned in that paragraph was made.
17
Error in calculation etc.
18
(2) If:
19
(a) an amount is payable by a person under subsection 16(2) of
20
the Royalty Act; and
21
(b) paragraph 16(1)(b) of the Royalty Act applies;
22
the amount is due and payable at the end of the next royalty period
23
following the royalty period in which the error mentioned in that
24
paragraph was notified to the person.
25
Definition
26
(3) In this section:
27
royalty period has the same meaning as in the Royalty Act.
28
Chapter 4 Administration
Part 4.6 Collection of fees and royalties
Division 3 Royalties payable under the Royalty Act
Section 343
350 Offshore Petroleum Bill 2005 No. , 2005
343 Late payment penalty
1
(1) This section applies if royalty payable by a person under the
2
Royalty Act remains unpaid after the time when it became due for
3
payment.
4
(2) The person is liable to pay a penalty accruing from the time the
5
royalty became due for payment until it is paid in full.
6
(3) The penalty is calculated at the rate of 0.333333% per day on the
7
amount of the royalty remaining unpaid.
8
(4) A penalty is not payable under this section in relation to any period
9
before the end of 7 days after the value of the petroleum was
10
agreed or determined under section 12 of the Royalty Act.
11
(5) An amount payable under this section is to be known as a late
12
payment penalty.
13
(6) In this section:
14
royalty includes an amount under subsection 16(2) of the Royalty
15
Act.
16
344 Recovery of royalty debts
17
(1) For the purposes of this section, a royalty debt is:
18
(a) an amount of royalty under the Royalty Act that is due and
19
payable by a person; or
20
(b) an amount under subsection 16(2) of the Royalty Act that is
21
due and payable by a person; or
22
(c) an amount of late payment penalty under section 343 of this
23
Act.
24
(2) A royalty debt is a debt due to the Commonwealth.
25
(3) A royalty debt may be recovered by the Commonwealth by action
26
in a court of competent jurisdiction.
27
Administration Chapter 4
Collection of fees and royalties Part 4.6
Royalties payable under the Royalty Act Division 3
Section 345
Offshore Petroleum Bill 2005 No. , 2005 351
345 Amounts payable to the Designated Authority
1
The following amounts are payable to the Designated Authority on
2
behalf of the Commonwealth:
3
(a) an amount of royalty under the Royalty Act; or
4
(b) an amount under subsection 16(2) of the Royalty Act; or
5
(c) an amount of late payment penalty under section 343 of this
6
Act.
7
Chapter 4 Administration
Part 4.6 Collection of fees and royalties
Division 4 Fees payable under this Act
Section 346
352 Offshore Petroleum Bill 2005 No. , 2005
1
Division 4--Fees payable under this Act
2
346 Fees payable under this Act
3
Each of the following fees is payable to the Designated Authority
4
on behalf of the Commonwealth:
5
(a) a fee under subsection 220(2);
6
(b) a fee under subsection 266(2);
7
(c) a fee under subsection 268(2);
8
(d) a fee under subsection 296(1) or (2);
9
(e) a fee under subsection 297(2) or (4);
10
(f) a fee under regulations made for the purposes of paragraph
11
422(2)(c) or 423(2)(c);
12
(g) a fee under Schedule 5 that is payable because of a
13
requirement of the Designated Authority.
14
Administration Chapter 4
Occupational health and safety Part 4.7
Section 347
Offshore Petroleum Bill 2005 No. , 2005 353
1
Part 4.7--Occupational health and safety
2
3
347 Occupational health and safety
4
Schedule 3 has effect.
5
348 Listed OHS laws
6
(1) The following provisions are the listed OHS laws for the purposes
7
of this Act:
8
(a) section 321 of this Act, to the extent to which that section
9
relates to:
10
(i) damage to, or interference with, a facility (within the
11
meaning of Schedule 3 to this Act); or
12
(ii) interference with any operations or activities being
13
carried out, or any works being executed, on, by means
14
of, or in connection with, a facility (within the meaning
15
of Schedule 3 to this Act); or
16
(iii) conduct that affects, or has the potential to affect, the
17
health or safety of members of the workforce at a
18
facility (within the meaning of Schedule 3 to this Act);
19
(b) Schedule 3 to this Act;
20
(c) regulations made for the purposes of Schedule 3 to this Act;
21
(d) the Petroleum (Submerged Lands) (Management of Safety on
22
Offshore Facilities) Regulations 1996;
23
(e) the Petroleum (Submerged Lands) (Diving Safety)
24
Regulations 2002;
25
(f) the Petroleum (Submerged Lands) (Occupational Health and
26
Safety) Regulations 1993;
27
(g) the Petroleum (Submerged Lands) (Pipelines) Regulations
28
2001, to the extent that those regulations relate to
29
occupational health and safety matters;
30
(h) any other regulations relating to occupational health and
31
safety matters that are prescribed for the purposes of this
32
paragraph.
33
Chapter 4 Administration
Part 4.7 Occupational health and safety
Section 349
354 Offshore Petroleum Bill 2005 No. , 2005
(2) If the regulations referred to in paragraph (1)(d), (e), (f) or (g) are
1
renamed, that paragraph is amended by omitting the old name and
2
substituting the new name.
3
349 Regulations relating to occupational health and safety
4
(1) The regulations may make provision in relation to the health and
5
safety of persons at or near a regulated operations site who are
6
under the control of a person who is carrying on a regulated
7
operation.
8
(2) Regulations made for the purposes of subsection (1) may:
9
(a) require a person who is carrying on a regulated operation to
10
establish and maintain a system of management to secure the
11
health and safety of persons referred to in that subsection;
12
and
13
(b) specify requirements with which the system must comply.
14
(3) Subsection (2) does not limit subsection (1).
15
Note:
Under subsection 59(3), the application in an offshore area of State or
16
Territory laws is subject to regulations made under this Act.
17
350 Commonwealth maritime legislation does not apply in relation
18
to facilities located in offshore areas
19
(1) Commonwealth maritime legislation does not apply in relation to:
20
(a) a facility located in the offshore area of a State or Territory;
21
or
22
(b) a person at such a facility; or
23
(c) a person near such a facility, to the extent to which the
24
person is affected by:
25
(i) such a facility; or
26
(ii) activities that take place at such a facility; or
27
(d) activities that take place at such a facility.
28
Note:
Instead, a facility located in the offshore area of a State or Territory
29
will be covered by the listed OHS laws.
30
Administration Chapter 4
Occupational health and safety Part 4.7
Section 351
Offshore Petroleum Bill 2005 No. , 2005 355
(2) However, subsection (1) does not prevent the application of
1
Commonwealth maritime legislation to the extent that it relates to
2
the transfer of persons or goods between a ship and a facility.
3
Note:
In these cases, Commonwealth maritime legislation will generally
4
apply in addition to the listed OHS laws.
5
(3) In this section:
6
Commonwealth maritime legislation means:
7
(a) the Navigation Act 1912; and
8
(b) the Occupational Health and Safety (Maritime Industry) Act
9
1993; and
10
(c) any subordinate legislation under either of those Acts.
11
facility has the same meaning as in Schedule 3.
12
ship means any kind of vessel that:
13
(a) is used in navigation by water, however propelled or moved;
14
and
15
(b) is not, for the time being, a facility or part of a facility.
16
Note:
See also Part 1.4, which deals with the application of State and
17
Northern Territory laws.
18
351 Commonwealth maritime legislation does not apply in relation
19
to facilities located in designated coastal waters
20
(1) This section applies in relation to the designated coastal waters of a
21
State or of the Northern Territory if the relevant State or Territory
22
PSLA and regulations under the relevant State or Territory PSLA,
23
in their application to those designated coastal waters, substantially
24
correspond to the listed OHS laws.
25
(2) Commonwealth maritime legislation is disapplied in those
26
designated coastal waters to the same extent as Commonwealth
27
maritime legislation is disapplied in the offshore area.
28
(3) In this section:
29
Commonwealth maritime legislation has the same meaning as in
30
section 350.
31
Chapter 4 Administration
Part 4.7 Occupational health and safety
Section 351
356 Offshore Petroleum Bill 2005 No. , 2005
designated coastal waters, in relation to a State or the Northern
1
Territory, has the same meaning as in Part 4.8.
2
State PSLA has the same meaning as in Part 4.8.
3
Territory PSLA has the same meaning as in Part 4.8.
4
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
Introduction Division 1
Section 352
Offshore Petroleum Bill 2005 No. , 2005 357
1
Part 4.8--National Offshore Petroleum Safety
2
Authority
3
Division 1--Introduction
4
352 Simplified outline
5
The following is a simplified outline of this Part:
6
·
The National Offshore Petroleum Safety Authority is
7
continued in existence.
8
·
The Safety Authority has functions in relation to the
9
occupational health and safety of persons engaged in offshore
10
petroleum operations.
11
·
There is to be a Chief Executive Officer (CEO) of the Safety
12
Authority.
13
·
The National Offshore Petroleum Safety Authority Board is
14
continued in existence.
15
·
The main function of the Board is to give advice, and make
16
recommendations, to the CEO about the operational policies
17
and strategies to be followed by the Safety Authority in the
18
performance of its functions.
19
·
The CEO may appoint OHS inspectors.
20
353 Definitions
21
In this Part, unless the contrary intention appears:
22
Board means the National Offshore Petroleum Safety Authority
23
Board continued in existence by section 363.
24
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 1 Introduction
Section 353
358 Offshore Petroleum Bill 2005 No. , 2005
Board member means a member of the Board, and includes the
1
Chair of the Board.
2
CEO means the Chief Executive Officer of the Safety Authority.
3
Commonwealth waters means the waters of the sea that comprise
4
the offshore areas of each State and of each Territory.
5
designated coastal waters, in relation to a State or the Northern
6
Territory, has the meaning given by section 354.
7
facility means:
8
(a) a facility (within the meaning of Schedule 3) located in
9
Commonwealth waters; or
10
(b) if there are provisions of a State or Territory PSLA that
11
substantially correspond to Schedule 3 to this Act--a vessel,
12
structure or other thing that:
13
(i) is located in the designated coastal waters of the State or
14
of the Northern Territory, as the case may be; and
15
(ii) would have been a facility (within the meaning of
16
Schedule 3 to this Act) if it had been located in
17
Commonwealth waters.
18
For the purposes of paragraph (b), assume that a reference in
19
Schedule 3 to this Act to a pipeline licence includes a reference to
20
a pipeline licence under a State or Territory PSLA.
21
Northern Territory Petroleum Minister means:
22
(a) the Minister of the Northern Territory who is responsible for
23
the Territory PSLA; or
24
(b) another Minister of the Northern Territory acting for and on
25
behalf of the Minister referred to in paragraph (a).
26
offshore petroleum operations means any regulated operations
27
(including diving operations) that:
28
(a) relate to:
29
(i) the exploration for petroleum; or
30
(ii) the recovery, processing, storage, offloading or piped
31
conveyance of petroleum; and
32
(b) if the operations are diving operations--take place in Safety
33
Authority waters; and
34
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
Introduction Division 1
Section 353
Offshore Petroleum Bill 2005 No. , 2005 359
(c) if the operations are not diving operations--take place:
1
(i) in Safety Authority waters; and
2
(ii) at a facility.
3
OHS inspector means a person appointed as an OHS inspector
4
under section 390.
5
regulated operation includes an activity to which the core
6
regulatory provisions of a State or Territory PSLA apply. For this
7
purpose, the core regulatory provisions are the provisions that
8
substantially correspond to Chapter 2 of this Act.
9
Safety Authority waters means:
10
(a) Commonwealth waters; and
11
(b) the designated coastal waters of each State and of the
12
Northern Territory.
13
Safety Levies Act means the Offshore Petroleum (Safety Levies)
14
Act 2003.
15
State Petroleum Minister, in relation to a State, means:
16
(a) the Minister of that State who is responsible for the State
17
PSLA; or
18
(b) another Minister of that State acting for and on behalf of the
19
Minister referred to in paragraph (a).
20
State PSLA means:
21
(a) in relation to New South Wales--the Petroleum (Submerged
22
Lands) Act 1982 of that State; or
23
(b) in relation to Victoria--the Petroleum (Submerged Lands)
24
Act 1982 of that State; or
25
(c) in relation to Queensland--the Petroleum (Submerged
26
Lands) Act 1982 of that State; or
27
(d) in relation to Western Australia--the Petroleum (Submerged
28
Lands) Act 1982 of that State; or
29
(e) in relation to South Australia--the Petroleum (Submerged
30
Lands) Act 1982 of that State; or
31
(f) in relation to Tasmania--the Petroleum (Submerged Lands)
32
Act 1982 of that State.
33
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 1 Introduction
Section 354
360 Offshore Petroleum Bill 2005 No. , 2005
Territory PSLA means the Petroleum (Submerged Lands) Act of
1
the Northern Territory.
2
Note:
See also section 10A of the Acts Interpretation Act 1901 (references to
3
amended or re-enacted State and Territory laws).
4
354 Designated coastal waters
5
(1) For the purposes of this Part, designated coastal waters, in relation
6
to a State or the Northern Territory, means:
7
(a) so much of the scheduled area for that State or Territory as
8
consists of the first 3 nautical miles of the territorial sea from
9
the baseline; and
10
(b) any area that:
11
(i) is within the scheduled area for that State or Territory;
12
and
13
(ii) is seaward of the coastline of that State or Territory at
14
mean low water and landward of the inner limit of
15
Australia's territorial sea; and
16
(iii) was, immediately before the commencement of the
17
relevant State or Territory PSLA, the subject of an
18
exploration permit under the repealed Petroleum
19
(Submerged Lands) Act 1967.
20
(2) Paragraph (1)(b) has effect subject to subsection (3).
21
(3) For the purposes of this Part, if (whether before or after the
22
commencement of this subsection) an area that is within the
23
designated coastal waters of a State or Territory because it is
24
described in subparagraphs (1)(b)(i), (ii) and (iii) became or
25
becomes an area that is:
26
(a) not the subject of an exploration permit under the relevant
27
State or Territory PSLA; and
28
(b) not the subject of a retention lease under the relevant State or
29
Territory PSLA; and
30
(c) not the subject of a production licence under the relevant
31
State or Territory PSLA; and
32
(d) not the subject of an application for a retention lease or
33
production licence under the relevant State or Territory
34
PSLA;
35
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
Introduction Division 1
Section 354
Offshore Petroleum Bill 2005 No. , 2005 361
the area is taken to have ceased to be part of the designated coastal
1
waters of that State or Territory.
2
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 2 Establishment, functions and powers of the Safety Authority
Section 355
362 Offshore Petroleum Bill 2005 No. , 2005
1
Division 2--Establishment, functions and powers of the
2
Safety Authority
3
355 Establishment of the National Offshore Petroleum Safety
4
Authority
5
The National Offshore Petroleum Safety Authority that was,
6
immediately before the commencement of this section, in existence
7
under the Petroleum (Submerged Lands) Act 1967 is continued in
8
existence under the same name.
9
356 Safety Authority's functions
10
The Safety Authority has the following functions:
11
(a) the functions conferred on it by or under this Act in relation
12
to offshore petroleum operations in Commonwealth waters;
13
(b) the functions conferred on it by or under a State PSLA or the
14
Territory PSLA in relation to offshore petroleum operations
15
in the designated coastal waters of that State or Territory;
16
(c) to promote the occupational health and safety of persons
17
engaged in offshore petroleum operations;
18
(d) to develop and implement effective monitoring and
19
enforcement strategies to secure compliance by persons with
20
their occupational health and safety obligations under this
21
Act and the regulations;
22
(e) to:
23
(i) investigate accidents, occurrences and circumstances
24
that affect, or have the potential to affect, the
25
occupational health and safety of persons engaged in
26
offshore petroleum operations; and
27
(ii) report, as appropriate, to the responsible
28
Commonwealth Minister, and to State and Northern
29
Territory Petroleum Ministers, on those investigations;
30
(f) to advise persons, either on its own initiative or on request,
31
on occupational health and safety matters relating to offshore
32
petroleum operations;
33
(g) to make reports, including recommendations, to:
34
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
Establishment, functions and powers of the Safety Authority Division 2
Section 357
Offshore Petroleum Bill 2005 No. , 2005 363
(i) the responsible Commonwealth Minister; and
1
(ii) each State and Northern Territory Petroleum Minister;
2
on issues relating to the occupational health and safety of
3
persons engaged in offshore petroleum operations;
4
(h) to cooperate with:
5
(i) other Commonwealth agencies having functions relating
6
to offshore petroleum operations; and
7
(ii) State and Northern Territory agencies having functions
8
relating to offshore petroleum operations; and
9
(iii) the Designated Authorities of the States and the
10
Northern Territory.
11
357 Policy principles
12
(1) The responsible Commonwealth Minister may give written policy
13
principles to the Safety Authority about the performance of its
14
functions.
15
Note:
For agreement and consultation requirements, see subsections (2) and
16
(3).
17
(2) The responsible Commonwealth Minister must not give a policy
18
principle that relates wholly or principally to the Safety Authority's
19
operations in the designated coastal waters of one or more of the
20
States and the Northern Territory unless the responsible
21
Commonwealth Minister has obtained the agreement of each State
22
or Northern Territory Petroleum Minister concerned.
23
(3) Before giving a policy principle that is not covered by
24
subsection (2), the responsible Commonwealth Minister must
25
consult each State and Northern Territory Petroleum Minister.
26
(4) The responsible Commonwealth Minister must cause a copy of the
27
policy principles to be tabled in each House of the Parliament
28
within 15 sitting days of that House after the day on which they
29
were given to the Safety Authority.
30
(5) The Safety Authority must comply with the policy principles (if
31
any) when performing its functions.
32
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 2 Establishment, functions and powers of the Safety Authority
Section 358
364 Offshore Petroleum Bill 2005 No. , 2005
(6) A policy principle is a legislative instrument for the purposes of the
1
Legislative Instruments Act 2003.
2
358 Safety Authority's ordinary powers
3
(1) The Safety Authority has power to do all things necessary or
4
convenient to be done for or in connection with the performance of
5
its functions.
6
(2) The Safety Authority's powers include, but are not limited to, the
7
following powers:
8
(a) the power to acquire, hold and dispose of real and personal
9
property;
10
(b) the power to enter into contracts;
11
(c) the power to lease the whole or any part of any land or
12
building for the purposes of the Safety Authority;
13
(d) the power to occupy, use and control any land or building
14
owned or held under lease by the Commonwealth and made
15
available for the purposes of the Safety Authority;
16
(e) the power to conduct research and development projects and
17
to cooperate with others in such projects;
18
(f) the power to apply for and hold patents and exploit patents;
19
(g) the power to do anything incidental to any of its functions.
20
(3) Any real or personal property held by the Safety Authority is taken
21
to be the property of the Commonwealth.
22
(4) Any money received by the Safety Authority is taken to be
23
received by the Safety Authority on behalf of the Commonwealth.
24
359 References to functions and powers of the Safety Authority
25
(1) For the avoidance of doubt, a reference in this Part (other than
26
section 360) to the functions or powers of the Safety Authority
27
includes a reference to the functions or powers conferred on the
28
Safety Authority by or under a State or Territory PSLA.
29
(2) A reference in this Part (other than section 360) to the powers of
30
the Safety Authority does not include a reference to the powers
31
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
Establishment, functions and powers of the Safety Authority Division 2
Section 360
Offshore Petroleum Bill 2005 No. , 2005 365
conferred on the Safety Authority by or under a law of a State or
1
the Northern Territory as permitted by section 360.
2
360 Safety Authority may be given additional powers in certain
3
circumstances
4
States or Northern Territory may empower Safety Authority to
5
exercise powers in other places and circumstances
6
(1) If a law of a State or of the Northern Territory provides for the
7
Safety Authority, or members of the staff of the Safety Authority,
8
to exercise powers in relation to the occupational health and safety
9
of persons who do work in connection with exploration for
10
petroleum or the recovery, processing, storage, offloading or piped
11
conveyance of petroleum:
12
(a) in waters of the sea:
13
(i) that are landward of the baseline of Australia's
14
territorial sea adjacent to the State or Territory; and
15
(ii) that are not designated coastal waters of the State or
16
Territory; or
17
(b) within the limits of the State or Territory, including internal
18
waters of that State or Territory;
19
the Safety Authority and those members of staff may exercise
20
those powers in those waters or in that State or Territory but are
21
not obliged to do so.
22
(2) A law of a State or of the Northern Territory that confers powers
23
on the Safety Authority or on the staff of the Safety Authority in
24
accordance with subsection (1) may provide for the exercise of
25
those powers only in respect of a vessel or structure (however
26
described):
27
(a) that is involved in one or more of the activities referred to in
28
subsection (1); and
29
(b) that is owned or controlled, or that is being constructed,
30
operated or decommissioned, by a corporation to which
31
paragraph 51(xx) of the Constitution applies.
32
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 2 Establishment, functions and powers of the Safety Authority
Section 361
366 Offshore Petroleum Bill 2005 No. , 2005
Must be agreement as to fees payable to support Safety Authority's
1
provision of services
2
(3) Neither the Safety Authority nor members of the staff of the Safety
3
Authority can exercise powers in a place referred to in
4
subsection (1) unless there is agreement between the
5
Commonwealth and the State or Territory concerned as to the fees
6
payable by the State or Territory to the Safety Authority, on behalf
7
of the Commonwealth, for the exercise of those powers.
8
Staff
9
(4) For the purposes of this section, staff, in relation to the Safety
10
Authority, includes a person who is appointed as an OHS inspector
11
under this Part, whether or not that person is engaged under the
12
Public Service Act 1999 for the purposes of subsection 386(1).
13
361 Power to refer matters to NOGSAC
14
(1) The Safety Authority may refer a matter to the NOGSAC body for
15
advice.
16
(2) For the purposes of this section, the NOGSAC body is:
17
(a) the body known as the National Oil and Gas Safety Advisory
18
Committee; or
19
(b) if that body is disbanded--any successor body with similar
20
membership and functions.
21
(3) A matter referred under subsection (1) must be of a general nature
22
and must not relate to a particular case.
23
362 Safety Authority is a body corporate
24
(1) The Safety Authority:
25
(a) is a body corporate; and
26
(b) must have a seal; and
27
(c) may sue and be sued.
28
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
Establishment, functions and powers of the Safety Authority Division 2
Section 362
Offshore Petroleum Bill 2005 No. , 2005 367
Seal
1
(2) The seal of the Safety Authority must be kept in such custody as
2
the CEO directs, and must not be used except as authorised by the
3
CEO.
4
(3) All courts, judges and persons acting judicially must:
5
(a) take judicial notice of the imprint of the seal of the Safety
6
Authority appearing on a document; and
7
(b) presume that the document was duly sealed.
8
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 3 National Offshore Petroleum Safety Authority Board
Section 363
368 Offshore Petroleum Bill 2005 No. , 2005
1
Division 3--National Offshore Petroleum Safety Authority
2
Board
3
Subdivision A--Establishment, functions and membership
4
363 Establishment of Board
5
The National Offshore Petroleum Safety Authority Board that was,
6
immediately before the commencement of this section, in existence
7
under the Petroleum (Submerged Lands) Act 1967 is continued in
8
existence under the same name.
9
364 Functions of the Board
10
(1) The Board has the following functions:
11
(a) to give advice, and make recommendations, to the CEO
12
about the operational policies and strategies to be followed
13
by the Safety Authority in the performance of its functions;
14
(b) to give advice, and make recommendations, to:
15
(i) the responsible Commonwealth Minister; and
16
(ii) a State Petroleum Minister; and
17
(iii) the Northern Territory Petroleum Minister; and
18
(iv) the body known as the Ministerial Council on Mineral
19
and Petroleum Resources;
20
about either or both of the following:
21
(v) policy or strategic matters relating to the occupational
22
health and safety of persons engaged in offshore
23
petroleum operations;
24
(vi) the performance by the Safety Authority of its
25
functions;
26
(c) such other functions (if any) as are specified in a written
27
notice given by the responsible Commonwealth Minister to
28
the Chair of the Board.
29
(2) A notice under paragraph (1)(c) is not a legislative instrument for
30
the purposes of the Legislative Instruments Act 2003.
31
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
National Offshore Petroleum Safety Authority Board Division 3
Section 365
Offshore Petroleum Bill 2005 No. , 2005 369
(3) As soon as practicable after the Board gives advice, or makes
1
recommendations, under paragraph (1)(b) to:
2
(a) a State Petroleum Minister; or
3
(b) the Northern Territory Petroleum Minister; or
4
(c) the body known as the Ministerial Council on Mineral and
5
Petroleum Resources;
6
the Board must give the responsible Commonwealth Minister a
7
written copy of that advice or those recommendations.
8
365 Powers of the Board
9
The Board has power to do all things necessary or convenient to be
10
done for or in connection with the performance of its functions.
11
366 Membership
12
(1) The Board consists of the following members:
13
(a) a Chair;
14
(b) 4 or 6 other members.
15
Note:
Section 18B of the Acts Interpretation Act 1901 deals with the title of
16
the Chair.
17
(2) The performance of the functions, or the exercise of the powers, of
18
the Board is not affected only because of there being a vacancy or
19
vacancies in the membership of the Board.
20
(3) Board members are to be appointed by the responsible
21
Commonwealth Minister by written instrument.
22
Note:
For re-appointment, see subsection 33(4A) of the Acts Interpretation
23
Act 1901.
24
(4) Each person appointed as a Board member must have been selected
25
for appointment by the body known as the Ministerial Council on
26
Mineral and Petroleum Resources.
27
Note:
The Chair is a Board member appointed by the responsible
28
Commonwealth Minister as the Chair.
29
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 3 National Offshore Petroleum Safety Authority Board
Section 367
370 Offshore Petroleum Bill 2005 No. , 2005
Subdivision B--Board procedures
1
367 Board procedures
2
(1) The responsible Commonwealth Minister may, by writing,
3
determine matters relating to the operation of the Board, including
4
(but not limited to) the following:
5
(a) procedures for convening Board meetings;
6
(b) the constitution of a quorum for a Board meeting;
7
(c) procedures for conducting Board meetings, including (but not
8
limited to) the way the Board may resolve matters;
9
(d) disclosure of interests;
10
(e) Board records;
11
(f) reporting requirements, including (but not limited to) reports
12
to the responsible Commonwealth Minister and to the public.
13
(2) If no determination is in force for the purposes of a paragraph of
14
subsection (1), the Board may operate in the way it determines in
15
respect of the matters described in that paragraph.
16
(3) A determination under subsection (1) is a legislative instrument for
17
the purposes of the Legislative Instruments Act 2003.
18
(4) A determination under subsection (2) is not a legislative instrument
19
for the purposes of the Legislative Instruments Act 2003.
20
Subdivision C--Terms and conditions for Board members
21
368 Term of appointment and related matters for Board members
22
(1) A Board member is to be appointed on a part-time basis.
23
(2) A Board member holds office for the period that is specified in the
24
instrument of appointment. The period must not exceed 3 years.
25
Note:
For re-appointment, see subsection 33(4A) of the Acts Interpretation
26
Act 1901.
27
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
National Offshore Petroleum Safety Authority Board Division 3
Section 369
Offshore Petroleum Bill 2005 No. , 2005 371
369 Remuneration and allowances of Board members
1
(1) A Board member is to be paid the remuneration that is determined
2
by the Remuneration Tribunal. If no determination of that
3
remuneration by the Tribunal is in operation, the Board member is
4
to be paid the remuneration that is determined by the responsible
5
Commonwealth Minister.
6
(2) However, if a Board member is in full-time employment with:
7
(a) a State or the Northern Territory; or
8
(b) an instrumentality of a State or of the Northern Territory;
9
the Board member is not to be paid remuneration under
10
subsection (1).
11
(3) A Board member is to be paid the allowances that are prescribed.
12
(4) This section has effect subject to the Remuneration Tribunal Act
13
1973.
14
370 Leave of absence of Board members
15
(1) The responsible Commonwealth Minister may grant leave of
16
absence to the Chair of the Board on the terms and conditions that
17
the responsible Commonwealth Minister determines.
18
(2) The Chair of the Board may grant leave of absence to another
19
Board member on the terms and conditions that the Chair
20
determines.
21
371 Resignation of Board members
22
A Board member may resign his or her appointment by giving the
23
responsible Commonwealth Minister a written resignation.
24
372 Termination of appointment of Board members
25
(1) The responsible Commonwealth Minister may terminate the
26
appointment of a Board member for misbehaviour or physical or
27
mental incapacity.
28
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 3 National Offshore Petroleum Safety Authority Board
Section 373
372 Offshore Petroleum Bill 2005 No. , 2005
(2) The responsible Commonwealth Minister may terminate the
1
appointment of a Board member if:
2
(a) the member:
3
(i) becomes bankrupt; or
4
(ii) applies to take the benefit of any law for the relief of
5
bankrupt or insolvent debtors; or
6
(iii) compounds with his or her creditors; or
7
(iv) makes an assignment of his or her remuneration for the
8
benefit of his or her creditors; or
9
(b) the member is absent, except on leave of absence, from 3
10
consecutive meetings of the Board; or
11
(c) the member fails, without reasonable excuse, to comply with
12
a section 367 determination to the extent to which the
13
determination relates to disclosure of interests; or
14
(d) the responsible Commonwealth Minister is satisfied that the
15
performance of the member has been unsatisfactory for a
16
significant period.
17
(3) The responsible Commonwealth Minister must consult all State
18
Petroleum Ministers and the Northern Territory Petroleum Minister
19
before terminating the appointment of a Board member.
20
373 Other terms and conditions of Board members
21
A Board member holds office on the terms and conditions (if any)
22
in relation to matters not covered by this Act that are determined
23
by the responsible Commonwealth Minister.
24
374 Acting Board members
25
(1) The responsible Commonwealth Minister may appoint a person to
26
act as the Chair of the Board:
27
(a) during a vacancy in the office of Chair of the Board, whether
28
or not an appointment has previously been made to the
29
office; or
30
(b) during any period, or during all periods, when the Chair of
31
the Board is absent from duty or from Australia, or is, for any
32
reason, unable to perform the duties of the office.
33
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
National Offshore Petroleum Safety Authority Board Division 3
Section 374
Offshore Petroleum Bill 2005 No. , 2005 373
(2) The responsible Commonwealth Minister may appoint a person to
1
act as a Board member (other than the Chair of the Board):
2
(a) during a vacancy in the office of a Board member (other than
3
the Chair of the Board), whether or not an appointment has
4
previously been made to the office; or
5
(b) during any period, or during all periods, when a Board
6
member (other than the Chair of the Board) is absent from
7
duty or from Australia, or is, for any reason, unable to
8
perform the duties of the office.
9
(3) Anything done by or in relation to a person purporting to act under
10
an appointment is not invalid merely because:
11
(a) the occasion for the appointment had not arisen; or
12
(b) there was a defect or irregularity in connection with the
13
appointment; or
14
(c) the appointment had ceased to have effect; or
15
(d) the occasion to act had not arisen or had ceased.
16
Note:
See section 33A of the Acts Interpretation Act 1901.
17
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 4 Chief Executive Officer and staff of the Safety Authority
Section 375
374 Offshore Petroleum Bill 2005 No. , 2005
1
Division 4--Chief Executive Officer and staff of the Safety
2
Authority
3
375 Appointment of the CEO
4
(1) There is to be a Chief Executive Officer of the Safety Authority.
5
(2) The CEO is to be appointed by the responsible Commonwealth
6
Minister by written instrument.
7
(3) The responsible Commonwealth Minister must not appoint a
8
person as CEO unless the person is recommended to the
9
responsible Commonwealth Minister by the body known as the
10
Ministerial Council on Mineral and Petroleum Resources.
11
(4) The CEO is to be appointed on a full-time basis.
12
(5) The CEO holds office for the period that is specified in the
13
instrument of appointment. The period must not exceed 5 years.
14
Note:
For re-appointment, see subsection 33(4A) of the Acts Interpretation
15
Act 1901.
16
376 Duties of the CEO
17
(1) The CEO is responsible for managing the Safety Authority.
18
(2) Anything done by the CEO in the name of the Safety Authority or
19
on the Safety Authority's behalf is taken to have been done by the
20
Safety Authority.
21
377 Working with the Board
22
(1) The CEO must request the Board's advice on strategic matters
23
relating to the performance of the Safety Authority's functions.
24
(2) The CEO must have regard to the advice given to him or her by the
25
Board (whether or not the advice was given in response to a
26
request).
27
(3) The CEO must:
28
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
Chief Executive Officer and staff of the Safety Authority Division 4
Section 378
Offshore Petroleum Bill 2005 No. , 2005 375
(a) keep the Board informed of the Safety Authority's
1
operations; and
2
(b) give the Board such reports, documents and information in
3
relation to those operations as the Chair of the Board
4
requires.
5
(4) The CEO may attend Board meetings as an observer (including by
6
telephone or other means).
7
378 Remuneration and allowances of the CEO
8
(1) The CEO is to be paid the remuneration that is determined by the
9
Remuneration Tribunal. If no determination of that remuneration
10
by the Tribunal is in operation, the CEO is to be paid the
11
remuneration that is determined by the responsible Commonwealth
12
Minister.
13
(2) The CEO is to be paid the allowances that are prescribed.
14
(3) This section has effect subject to the Remuneration Tribunal Act
15
1973.
16
379 Leave of absence of the CEO
17
(1) The CEO has the recreation leave entitlements that are determined
18
by the Remuneration Tribunal.
19
(2) The responsible Commonwealth Minister may grant the CEO leave
20
of absence, other than recreation leave, on the terms and conditions
21
as to remuneration or otherwise that the responsible
22
Commonwealth Minister determines.
23
380 Resignation of the CEO
24
The CEO may resign his or her appointment by giving the
25
responsible Commonwealth Minister a written resignation.
26
381 Notification of possible conflict of interest by CEO
27
Immediately after the CEO:
28
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 4 Chief Executive Officer and staff of the Safety Authority
Section 382
376 Offshore Petroleum Bill 2005 No. , 2005
(a) acquires any interest, pecuniary or otherwise, that could
1
conflict with the proper performance of his or her duties; or
2
(b) becomes aware that any interest, pecuniary or otherwise, that:
3
(i) he or she has; or
4
(ii) he or she is likely to acquire;
5
could conflict with the proper performance of his or her
6
duties;
7
the CEO must notify the responsible Commonwealth Minister, in
8
writing, of that interest.
9
382 Termination of CEO's appointment
10
Termination
11
(1) The responsible Commonwealth Minister may terminate the
12
appointment of the CEO for misbehaviour or physical or mental
13
incapacity.
14
(2) The responsible Commonwealth Minister may terminate the
15
appointment of the CEO if:
16
(a) the CEO:
17
(i) becomes bankrupt; or
18
(ii) applies to take the benefit of any law for the relief of
19
bankrupt or insolvent debtors; or
20
(iii) compounds with his or her creditors; or
21
(iv) makes an assignment of his or her remuneration for the
22
benefit of his or her creditors; or
23
(b) the CEO is absent from duty, except on leave of absence, for
24
14 consecutive days or for 28 days in any 12 months; or
25
(c) the CEO engages, except with the responsible
26
Commonwealth Minister's approval, in paid employment
27
outside the duties of his or her office; or
28
(d) the CEO fails, without reasonable excuse, to comply with
29
section 381; or
30
(e) the responsible Commonwealth Minister is satisfied that the
31
performance of the CEO has been unsatisfactory for a
32
significant period.
33
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
Chief Executive Officer and staff of the Safety Authority Division 4
Section 383
Offshore Petroleum Bill 2005 No. , 2005 377
Conflict of interest
1
(3) If the responsible Commonwealth Minister becomes aware,
2
whether because of a notification under section 381 or otherwise,
3
that the CEO has an interest that could conflict with the proper
4
performance of the CEO's duties, the responsible Commonwealth
5
Minister must make a written determination either that the interest
6
does, or that it does not, pose a significant risk of a conflict of
7
interest.
8
(4) If the responsible Commonwealth Minister determines that the
9
interest poses a significant risk, the responsible Commonwealth
10
Minister must require the CEO to dispose of that interest within a
11
period specified by the responsible Commonwealth Minister.
12
(5) If:
13
(a) the responsible Commonwealth Minister requires the CEO to
14
dispose of an interest; and
15
(b) the CEO refuses or fails to comply with that requirement;
16
the responsible Commonwealth Minister must terminate the
17
appointment of the CEO.
18
383 Other terms and conditions
19
The CEO holds office on the terms and conditions (if any) in
20
relation to matters not covered by this Act that are determined by
21
the responsible Commonwealth Minister.
22
384 Acting appointments
23
(1) The responsible Commonwealth Minister may appoint a person to
24
act as the CEO:
25
(a) during a vacancy in the office of CEO (whether or not an
26
appointment has previously been made to the office); or
27
(b) during any period, or during all periods, when the CEO is
28
absent from duty or from Australia, or is, for any reason,
29
unable to perform the duties of the office.
30
(2) Anything done by or in relation to a person purporting to act under
31
an appointment is not invalid merely because:
32
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 4 Chief Executive Officer and staff of the Safety Authority
Section 385
378 Offshore Petroleum Bill 2005 No. , 2005
(a) the occasion for the appointment had not arisen; or
1
(b) there was a defect or irregularity in connection with the
2
appointment; or
3
(c) the appointment had ceased to have effect; or
4
(d) the occasion to act had not arisen or had ceased.
5
Note:
See section 33A of the Acts Interpretation Act 1901.
6
385 Delegation by CEO
7
(1) The CEO may, by writing, delegate any or all of his or her
8
functions or powers (except a power conferred by section 390) to:
9
(a) a member of staff of the Safety Authority; or
10
(b) an employee of the Commonwealth or of a Commonwealth
11
authority; or
12
(c) an employee of a State or of the Northern Territory or of an
13
authority of a State or of the Northern Territory.
14
(2) In exercising powers under the delegation, the delegate must
15
comply with any directions of the CEO.
16
Note:
See sections 34AA to 34A of the Acts Interpretation Act 1901.
17
386 Staff of the Safety Authority
18
(1) The staff of the Safety Authority must be persons engaged under
19
the Public Service Act 1999.
20
(2) For the purposes of the Public Service Act 1999:
21
(a) the CEO and the APS employees assisting the CEO together
22
constitute a Statutory Agency; and
23
(b) the CEO is the Head of that Statutory Agency.
24
387 Consultants and persons seconded to the Safety Authority
25
(1) The CEO may, on behalf of the Commonwealth, engage
26
consultants to perform services for the Safety Authority in
27
connection with the performance of any of its functions or the
28
exercise of any of its powers.
29
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
Chief Executive Officer and staff of the Safety Authority Division 4
Section 387
Offshore Petroleum Bill 2005 No. , 2005 379
(2) The terms and conditions of engagement of persons engaged under
1
subsection (1) are such as the CEO determines in writing.
2
(3) The Safety Authority may also be assisted:
3
(a) by officers and employees of Agencies (within the meaning
4
of the Public Service Act 1999), and of authorities of the
5
Commonwealth; or
6
(b) by officers and employees of, or of authorities of, a State or
7
the Northern Territory;
8
whose services are made available to the Safety Authority in
9
connection with the performance of any of its functions or the
10
exercise of any of its powers.
11
(4) An instrument under subsection (3) is not a legislative instrument
12
for the purposes of the Legislative Instruments Act 2003.
13
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 5 Corporate plans
Section 388
380 Offshore Petroleum Bill 2005 No. , 2005
1
Division 5--Corporate plans
2
388 Corporate plans
3
(1) The CEO must prepare a corporate plan for the Safety Authority at
4
least once every 3 years and give the plan to the responsible
5
Commonwealth Minister.
6
(2) The plan must cover a period of at least 3 years.
7
(3) The CEO must keep the responsible Commonwealth Minister
8
informed about:
9
(a) significant changes to the plan; and
10
(b) matters that arise that might significantly affect the
11
achievement of the objectives of the plan.
12
(4) The plan must include details of the following matters:
13
(a) the Safety Authority's operational environment;
14
(b) the Safety Authority's strategies;
15
(c) performance indicators for the Safety Authority;
16
(d) a review of performance against previous corporate plans;
17
(e) an analysis of risk factors likely to affect the safety of
18
offshore petroleum operations;
19
(f) human resource strategies and industrial relations strategies.
20
(5) The plan must also cover any other matters required by the
21
responsible Commonwealth Minister, which may include further
22
details about the matters in subsection (4).
23
389 Responsible Commonwealth Minister's response to corporate
24
plan
25
(1) On receiving a corporate plan, the responsible Commonwealth
26
Minister must:
27
(a) provide a copy of the plan to each State and Northern
28
Territory Petroleum Minister; and
29
(b) consult those Ministers on the content of the plan.
30
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
Corporate plans Division 5
Section 389
Offshore Petroleum Bill 2005 No. , 2005 381
(2) The responsible Commonwealth Minister must respond to the plan
1
as soon as practicable after completion of those consultations.
2
(3) The responsible Commonwealth Minister's response may include a
3
written direction to the CEO to vary the plan. However, a direction
4
under this subsection must not be given in respect of particular
5
offshore petroleum operations.
6
(4) The responsible Commonwealth Minister's response must set out
7
the reasons for giving a direction.
8
(5) If the responsible Commonwealth Minister's response includes a
9
direction to vary the corporate plan, the CEO must prepare a
10
revised plan and give it to the responsible Commonwealth Minister
11
within 30 days after being given the response.
12
(6) The responsible Commonwealth Minister must not approve, or
13
direct the variation of, a part of a corporate plan that relates
14
specifically to operations of the Safety Authority in the designated
15
coastal waters of one or more of the States without the approval of
16
the State Petroleum Minister or State Petroleum Ministers
17
concerned.
18
(7) The responsible Commonwealth Minister must not approve, or
19
direct the variation of, a part of a corporate plan that relates
20
specifically to operations of the Safety Authority in the designated
21
coastal waters of the Northern Territory without the approval of the
22
Northern Territory Petroleum Minister.
23
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 6 OHS inspectors
Section 390
382 Offshore Petroleum Bill 2005 No. , 2005
1
Division 6--OHS inspectors
2
390 Appointment of OHS inspectors
3
(1) The CEO may, by writing, appoint persons as OHS inspectors.
4
(2) The CEO may appoint as OHS inspectors only persons who are:
5
(a) members of the staff of the Safety Authority; or
6
(b) employees of the Commonwealth or of a Commonwealth
7
authority; or
8
(c) employees of a State or of the Northern Territory or of an
9
authority of a State or of the Northern Territory.
10
(3) Despite subsection (2), the CEO may appoint as OHS inspectors
11
persons who are not covered by paragraph (2)(a), (b) or (c), so long
12
as the appointment is for a specified period and for the
13
performance of specified functions.
14
(4) In addition to the powers, functions and duties conferred or
15
imposed by or under this Act, an OHS inspector has all the powers,
16
functions and duties that are conferred or imposed by or under a
17
State PSLA or the Territory PSLA.
18
391 Identity cards
19
(1) The Safety Authority must issue an identity card to each OHS
20
inspector:
21
(a) stating that he or she is an OHS inspector for the purposes of
22
this Act; and
23
(b) if the OHS inspector is appointed for a limited period and in
24
respect only of particular functions--specifying that period
25
and those functions.
26
(2) The identity card must:
27
(a) be in the form prescribed by the regulations; and
28
(b) contain a recent photograph of the OHS inspector.
29
(3) A person commits an offence if:
30
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
OHS inspectors Division 6
Section 391
Offshore Petroleum Bill 2005 No. , 2005 383
(a) the person has been issued with an identity card for the
1
purposes of this section; and
2
(b) the person ceases to be an OHS inspector; and
3
(c) the person does not return the identity card to the Safety
4
Authority as soon as practicable.
5
Penalty: 1 penalty unit.
6
(4) However, the person is not guilty of the offence if the identity card
7
was lost or destroyed.
8
Note:
A defendant bears an evidential burden in relation to the matter in
9
subsection (4). See subsection 13.3(3) of the Criminal Code.
10
(5) A person to whom an identity card is issued under this section must
11
carry the identity card at all times when carrying out functions as
12
an OHS inspector.
13
Note:
For requirements to produce the card when entering premises, see
14
clauses 50, 51, 52, 56 and 57 of Schedule 3.
15
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 7 National Offshore Petroleum Safety Account
Section 392
384 Offshore Petroleum Bill 2005 No. , 2005
1
Division 7--National Offshore Petroleum Safety Account
2
392 National Offshore Petroleum Safety Account
3
(1) The National Offshore Petroleum Safety Account that was,
4
immediately before the commencement of this subsection, in
5
existence under the Petroleum (Submerged Lands) Act 1967 is
6
continued in existence under the same name.
7
(2) The Account is a Special Account for the purposes of the Financial
8
Management and Accountability Act 1997.
9
393 Credits to the Account
10
The following amounts must be credited to the Account:
11
(a) amounts equal to amounts paid to the Safety Authority on
12
behalf of the Commonwealth by way of fees paid under
13
regulations made for the purposes of subsection 395(1);
14
(b) amounts equal to the following amounts paid to the Safety
15
Authority on behalf of the Commonwealth:
16
(i) amounts paid by way of safety investigation levy
17
imposed by the Safety Levies Act;
18
(ii) amounts paid by way of late payment penalty under
19
subsection 396(2);
20
(c) amounts equal to the following amounts paid to the Safety
21
Authority on behalf of the Commonwealth:
22
(i) amounts paid by way of safety case levy imposed by the
23
Safety Levies Act;
24
(ii) amounts paid by way of late payment penalty under
25
subsection 397(4);
26
(d) amounts equal to the following amounts paid to the Safety
27
Authority on behalf of the Commonwealth:
28
(i) amounts paid by way of pipeline safety management
29
plan levy imposed by the Safety Levies Act;
30
(ii) amounts paid by way of late payment penalty under
31
subsection 398(2);
32
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
National Offshore Petroleum Safety Account Division 7
Section 394
Offshore Petroleum Bill 2005 No. , 2005 385
(e) amounts equal to amounts paid to the Safety Authority, on
1
behalf of the Commonwealth, by a State or the Northern
2
Territory under an agreement referred to in subsection
3
360(3);
4
(f) amounts equal to any other amounts paid to the Safety
5
Authority, on behalf of the Commonwealth, by a State or the
6
Northern Territory;
7
(g) amounts equal to any other amounts paid to the Safety
8
Authority on behalf of the Commonwealth.
9
Note:
The Account is a Special Account. An Appropriation Act may contain
10
a provision to the effect that, if any of the purposes of a Special
11
Account is a purpose that is covered by an item in the Appropriation
12
Act (whether or not the item expressly refers to the Special Account),
13
then amounts may be debited against the appropriation for that item
14
and credited to that Special Account.
15
394 Purposes of the Account
16
(1) The purposes of the Account are as follows:
17
(a) to pay or discharge the costs, expenses and other obligations
18
incurred by the Safety Authority in the performance of its
19
functions or the exercise of its powers;
20
(b) to pay any remuneration or allowances payable to Board
21
members, the CEO and the staff of the Safety Authority;
22
(c) to make any other payments that the Safety Authority is
23
authorised to make by or under any law of a State or of the
24
Northern Territory that confers powers on the Safety
25
Authority or on the staff of the Safety Authority in the area
26
and under circumstances described in section 360.
27
Note:
See section 21 of the Financial Management and Accountability Act
28
1997.
29
(2) For the purposes of this section, staff, in relation to the Safety
30
Authority, includes a person who is appointed as an OHS inspector
31
under this Part, whether or not that person is engaged under the
32
Public Service Act 1999 for the purposes of subsection 386(1).
33
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 8 Other financial matters
Section 395
386 Offshore Petroleum Bill 2005 No. , 2005
1
Division 8--Other financial matters
2
395 Fees for expenses incurred by the Safety Authority
3
Fees
4
(1) The regulations may provide for the payment to the Safety
5
Authority, on behalf of the Commonwealth, of fees in respect of
6
matters in relation to which expenses are incurred by the Safety
7
Authority under this Act or the regulations, including, but not
8
limited to, fees in respect of, or for applications for:
9
(a) the registration of a person under regulations made for the
10
purposes of subclause 5(1) of Schedule 3; or
11
(b) the issue, variation or transfer of licences granted under
12
regulations made for the purposes of paragraph 17(3)(g) of
13
Schedule 3.
14
(2) Subsection (1) does not authorise the imposition of taxation within
15
the meaning of section 55 of the Constitution.
16
Recovery of fees
17
(3) Each fee:
18
(a) is a debt due to the Safety Authority on behalf of the
19
Commonwealth; and
20
(b) is recoverable by the Safety Authority, on behalf of the
21
Commonwealth, in a court of competent jurisdiction.
22
396 Safety investigation levy
23
When safety investigation levy becomes due and payable
24
(1) Safety investigation levy imposed by the Safety Levies Act
25
becomes due and payable at the time specified in, or worked out in
26
accordance with, the regulations.
27
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
Other financial matters Division 8
Section 397
Offshore Petroleum Bill 2005 No. , 2005 387
Late payment penalty
1
(2) If safety investigation levy payable by a person under the Safety
2
Levies Act remains wholly or partly unpaid after it becomes due
3
and payable, the person is liable to pay a late payment penalty
4
under this section.
5
(3) The late payment penalty is calculated at the rate of 0.333333% per
6
day on the amount of the safety investigation levy remaining
7
unpaid.
8
(4) The Safety Authority may remit the whole or a part of an amount
9
of late payment penalty if the Safety Authority considers that there
10
are good reasons for doing so.
11
Recovery of safety investigation levy and late payment penalty
12
(5) Each amount of safety investigation levy, and each amount of late
13
payment penalty payable in respect of safety investigation levy:
14
(a) is a debt due to the Safety Authority on behalf of the
15
Commonwealth; and
16
(b) is recoverable by the Safety Authority, on behalf of the
17
Commonwealth, in a court of competent jurisdiction.
18
397 Safety case levy
19
Remittal
20
(1) The regulations may make provision for the remittal of part of an
21
amount of safety case levy imposed by the Safety Levies Act in
22
respect of a facility and a year if:
23
(a) the facility is of a kind declared by the regulations to be a
24
facility that operates on an intermittent basis; and
25
(b) the facility in fact only operates for a part of that year.
26
(2) The regulations may make provision for the remittal of part of an
27
amount of safety case levy imposed by the Safety Levies Act in
28
respect of a facility and a part of a year if:
29
(a) the facility is of a kind declared by the regulations to be a
30
facility that operates on an intermittent basis; and
31
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 8 Other financial matters
Section 397
388 Offshore Petroleum Bill 2005 No. , 2005
(b) the facility in fact only operates for a part of that part of the
1
year.
2
When safety case levy becomes due and payable
3
(3) Safety case levy imposed by the Safety Levies Act becomes due
4
and payable at the time specified in, or worked out in accordance
5
with, the regulations.
6
Late payment penalty
7
(4) If safety case levy payable by a person under the Safety Levies Act
8
remains wholly or partly unpaid after it becomes due and payable,
9
the person is liable to pay a late payment penalty under this
10
section.
11
(5) The late payment penalty is calculated at the rate of 0.333333% per
12
day on the amount of the safety case levy remaining unpaid.
13
(6) The Safety Authority may remit the whole or a part of an amount
14
of late payment penalty if the Safety Authority considers that there
15
are good reasons for doing so.
16
Recovery of safety case levy and late payment penalty
17
(7) Each amount of safety case levy, and each amount of late payment
18
penalty payable in respect of safety case levy:
19
(a) is a debt due to the Safety Authority on behalf of the
20
Commonwealth; and
21
(b) is recoverable by the Safety Authority, on behalf of the
22
Commonwealth, in a court of competent jurisdiction.
23
Definitions
24
(8) In this section:
25
facility:
26
(a) in relation to safety case levy imposed by section 7 of the
27
Safety Levies Act--has the same meaning as in that section;
28
or
29
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
Other financial matters Division 8
Section 398
Offshore Petroleum Bill 2005 No. , 2005 389
(b) in relation to safety case levy imposed by section 8 of the
1
Safety Levies Act--has the same meaning as in that section.
2
year has the same meaning as in the Safety Levies Act.
3
398 Pipeline safety management plan levy
4
When pipeline safety management plan levy becomes due and
5
payable
6
(1) Pipeline safety management plan levy imposed by the Safety
7
Levies Act becomes due and payable at the time specified in, or
8
worked out in accordance with, the regulations.
9
Late payment penalty
10
(2) If pipeline safety management plan levy payable by a person under
11
the Safety Levies Act remains wholly or partly unpaid after it
12
becomes due and payable, the person is liable to pay a late
13
payment penalty under this section.
14
(3) The late payment penalty is calculated at the rate of 0.333333% per
15
day on the amount of the pipeline safety management plan levy
16
remaining unpaid.
17
(4) The Safety Authority may remit the whole or a part of an amount
18
of late payment penalty if the Safety Authority considers that there
19
are good reasons for doing so.
20
Recovery of pipeline safety management plan levy and late
21
payment penalty
22
(5) Each amount of pipeline safety management plan levy, and each
23
amount of late payment penalty payable in respect of pipeline
24
safety management plan levy:
25
(a) is a debt due to the Safety Authority on behalf of the
26
Commonwealth; and
27
(b) is recoverable by the Safety Authority, on behalf of the
28
Commonwealth, in a court of competent jurisdiction.
29
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 8 Other financial matters
Section 399
390 Offshore Petroleum Bill 2005 No. , 2005
399 Liability to taxation
1
(1) The Safety Authority is not subject to taxation under the laws of
2
the Commonwealth or of a State or Territory.
3
(2) However, the regulations may provide that subsection (1) does not
4
apply in relation to a specified law of the Commonwealth or of a
5
State or Territory.
6
Note:
For specification by class, see subsection 13(3) of the Legislative
7
Instruments Act 2003.
8
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
Miscellaneous Division 9
Section 400
Offshore Petroleum Bill 2005 No. , 2005 391
1
Division 9--Miscellaneous
2
400 Annual reports
3
Safety Authority
4
(1) The CEO must, as soon as practicable after 30 June in each year:
5
(a) prepare and give to the responsible Commonwealth Minister
6
a report of the Safety Authority's operations during the year
7
ending on that 30 June; and
8
(b) give a copy of that report to:
9
(i) each State Petroleum Minister; and
10
(ii) the Northern Territory Petroleum Minister; and
11
(iii) the body known as the Ministerial Council on Mineral
12
and Petroleum Resources.
13
Note:
See also section 34C of the Acts Interpretation Act 1901.
14
(2) A report under subsection (1) must include such other matters as
15
are prescribed in the regulations.
16
Board
17
(3) The Chair of the Board must, as soon as practicable after 30 June
18
in each year:
19
(a) prepare and give to the responsible Commonwealth Minister
20
a report of the Board's operations during the year ending on
21
that 30 June; and
22
(b) give a copy of that report to:
23
(i) each State Petroleum Minister; and
24
(ii) the Northern Territory Petroleum Minister; and
25
(iii) the body known as the Ministerial Council on Mineral
26
and Petroleum Resources.
27
Note:
See also section 34C of the Acts Interpretation Act 1901.
28
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 9 Miscellaneous
Section 401
392 Offshore Petroleum Bill 2005 No. , 2005
Tabling of reports
1
(4) The responsible Commonwealth Minister must cause a copy of
2
each report under this section to be tabled in each House of the
3
Parliament within 15 sitting days of that House after receiving the
4
report.
5
401 Ministers may require the Safety Authority to prepare reports
6
or give information
7
Reports
8
(1) The responsible Commonwealth Minister or a State or Northern
9
Territory Petroleum Minister may, by written notice given to the
10
Safety Authority, require the Safety Authority:
11
(a) to prepare a report about one or more specified matters
12
relating to the performance of the Safety Authority's
13
functions or the exercise of the Safety Authority's powers;
14
and
15
(b) give a copy of the report to:
16
(i) the responsible Commonwealth Minister; and
17
(ii) each State Petroleum Minister; and
18
(iii) the Northern Territory Petroleum Minister;
19
within the period specified in the notice.
20
Information
21
(2) The responsible Commonwealth Minister or a State or Northern
22
Territory Petroleum Minister may, by written notice given to the
23
Safety Authority, require the Safety Authority to:
24
(a) prepare a document setting out specified information relating
25
to the performance of the Safety Authority's functions or the
26
exercise of the Safety Authority's powers; and
27
(b) give a copy of the document to:
28
(i) the responsible Commonwealth Minister; and
29
(ii) each State Petroleum Minister; and
30
(iii) the Northern Territory Petroleum Minister;
31
within the period specified in the notice.
32
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
Miscellaneous Division 9
Section 402
Offshore Petroleum Bill 2005 No. , 2005 393
Compliance with requirement
1
(3) The Safety Authority must comply with a requirement under
2
subsection (1) or (2).
3
Reports and documents
4
(4) A report under subsection (1) is not a legislative instrument for the
5
purposes of the Legislative Instruments Act 2003.
6
(5) A document under subsection (2) is not a legislative instrument for
7
the purposes of the Legislative Instruments Act 2003.
8
402 Responsible Commonwealth Minister may give directions to the
9
Safety Authority
10
Minister may give directions
11
(1) The responsible Commonwealth Minister may give written
12
directions to the Safety Authority as to the performance of its
13
functions or the exercise of its powers.
14
Note:
For agreement and consultation requirements, see subsections (7) and
15
(11).
16
(2) Directions given by the responsible Commonwealth Minister must
17
not relate to regulated operations at a particular facility.
18
(3) Subsection (2) does not prevent the responsible Commonwealth
19
Minister from directing the Safety Authority to investigate a
20
particular occurrence in relation to a facility located in Safety
21
Authority waters.
22
State/Northern Territory Petroleum Minister may request the
23
responsible Commonwealth Minister to give a direction
24
(4) A State Petroleum Minister or the Northern Territory Petroleum
25
Minister may request the responsible Commonwealth Minister to
26
give a direction to the Safety Authority that relates wholly or
27
principally to the Safety Authority's operations in the designated
28
coastal waters of the relevant State or the Northern Territory, as the
29
case may be.
30
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 9 Miscellaneous
Section 402
394 Offshore Petroleum Bill 2005 No. , 2005
(5) The responsible Commonwealth Minister must use his or her best
1
endeavours to make a decision on the request within 30 days after
2
receiving the request.
3
(6) If the responsible Commonwealth Minister refuses the request, the
4
responsible Commonwealth Minister must give the Minister who
5
made the request a written statement setting out the reasons for the
6
refusal.
7
Agreement of State/Northern Territory Petroleum Ministers
8
(7) The responsible Commonwealth Minister must not give a direction
9
that relates wholly or principally to the Safety Authority's
10
operations in the designated coastal waters of one or more of the
11
States and the Northern Territory unless the responsible
12
Commonwealth Minister has obtained the agreement of each State
13
or Northern Territory Petroleum Minister concerned (the affected
14
Minister or Ministers).
15
Urgency
16
(8) If the responsible Commonwealth Minister is satisfied that the
17
circumstances of a case are sufficiently urgent to warrant it, the
18
responsible Commonwealth Minister may, despite subsection (7),
19
give a direction to the Safety Authority without obtaining the
20
agreement of the affected Minister or Ministers.
21
(9) If the responsible Commonwealth Minister gives a direction as
22
mentioned in subsection (8), the direction expires at the end of the
23
30-day period beginning on the day on which the direction was
24
given unless, before the end of that period, the responsible
25
Commonwealth Minister has obtained the agreement of the
26
affected Minister or Ministers.
27
(10) If a direction expires because of subsection (9), this Act does not
28
prevent the responsible Commonwealth Minister from giving a
29
subsequent direction in the same or similar terms as the expired
30
direction.
31
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
Miscellaneous Division 9
Section 403
Offshore Petroleum Bill 2005 No. , 2005 395
Consultation with State/Northern Territory Petroleum Ministers
1
(11) Before giving a direction that is not covered by subsection (7), the
2
responsible Commonwealth Minister must consult each State and
3
Northern Territory Petroleum Minister.
4
Compliance with directions
5
(12) The Safety Authority must comply with any direction given by the
6
responsible Commonwealth Minister under this section.
7
Other provisions do not limit this section
8
(13) Sections 357 and 401 do not limit the scope of the directions that
9
may be given by the responsible Commonwealth Minister under
10
this section.
11
Directions
12
(14) A direction under this section is a legislative instrument for the
13
purposes of the Legislative Instruments Act 2003.
14
403 Prosecutions by the Director of Public Prosecutions under
15
mirror provisions
16
The Commonwealth Director of Public Prosecutions has the
17
functions and powers (including the power to institute and carry on
18
appeals arising out of prosecutions of offences) conferred on him
19
or her by or under an Act or regulation of a State or of the Northern
20
Territory in relation to offences under laws that substantially
21
correspond to listed OHS laws.
22
404 Australian Industrial Relations Commission may exercise
23
powers under mirror provisions
24
(1) If the laws of a State or of the Northern Territory confer
25
appropriate powers and functions on the Australian Industrial
26
Relations Commission to do so, the Australian Industrial Relations
27
Commission may deal with appeals against decisions of an OHS
28
inspector under laws or regulations of that State or Territory that
29
substantially correspond to listed OHS laws in respect of which a
30
Chapter 4 Administration
Part 4.8 National Offshore Petroleum Safety Authority
Division 9 Miscellaneous
Section 405
396 Offshore Petroleum Bill 2005 No. , 2005
similar decision can be the subject of an appeal under clause 81 of
1
Schedule 3.
2
(2) If the laws of a State or of the Northern Territory confer
3
appropriate powers and functions on the Australian Industrial
4
Relations Commission to do so, the Australian Industrial Relations
5
Commission may deal with the resolution of matters under a law of
6
that State or Territory that substantially corresponds to clause 23 of
7
Schedule 3.
8
405 Reviews of operations of Safety Authority
9
(1) The responsible Commonwealth Minister must cause to be
10
conducted reviews of the operations of the Safety Authority in
11
relation to Safety Authority waters.
12
(2) The responsible Commonwealth Minister must cause to be
13
prepared a report of a review under subsection (1).
14
(3) The first review is to relate to the 3-year period beginning on
15
1 January 2005, and is to be completed within 6 months, or such
16
longer period as the responsible Commonwealth Minister allows,
17
after the end of that 3-year period.
18
(4) Subsequent reviews are to relate to successive 3-year periods, and
19
must be completed within 6 months, or such longer period as the
20
responsible Commonwealth Minister allows, after the end of the
21
3-year period to which the review relates.
22
(5) For the purposes of this section, a review is completed when the
23
report of the review is made available to the responsible
24
Commonwealth Minister.
25
(6) A State or Northern Territory Petroleum Minister may give the
26
responsible Commonwealth Minister a written request that a
27
particular review under subsection (1) be conducted in conjunction
28
with another review that:
29
(a) is a review of the operations of the Safety Authority in the
30
designated coastal waters of the State or of the Northern
31
Territory, as the case may be; and
32
Administration Chapter 4
National Offshore Petroleum Safety Authority Part 4.8
Miscellaneous Division 9
Section 405
Offshore Petroleum Bill 2005 No. , 2005 397
(b) is being, or is to be, conducted by the State or Northern
1
Territory Petroleum Minister at the same time.
2
The responsible Commonwealth Minister must ensure that the
3
request is complied with.
4
(7) Without limiting the matters to be covered by a review under
5
subsection (1), the review must include an assessment of the
6
effectiveness of the Safety Authority in bringing about
7
improvements in the occupational health and safety of persons
8
engaged in offshore petroleum operations.
9
(8) The responsible Commonwealth Minister must cause a copy of the
10
report of a review under subsection (1) to be tabled in each House
11
of the Parliament within 15 sitting days of that House after the
12
report of the review is made available to the responsible
13
Commonwealth Minister.
14
Chapter 5 Information
Part 5.1 Data management and gathering of information
Division 1 Introduction
Section 406
398 Offshore Petroleum Bill 2005 No. , 2005
1
Chapter 5--Information
2
Part 5.1--Data management and gathering of
3
information
4
Division 1--Introduction
5
406 Simplified outline
6
The following is a simplified outline of this Part:
7
·
The Designated Authority may direct a titleholder to keep
8
records.
9
·
The regulations may make provision for data management.
10
·
The Designated Authority or a project inspector may obtain
11
information or documents.
12
Information Chapter 5
Data management and gathering of information Part 5.1
Data management Division 2
Section 407
Offshore Petroleum Bill 2005 No. , 2005 399
1
Division 2--Data management
2
407 Direction to keep records
3
Scope
4
(1) This section applies if a person is carrying on operations in an
5
offshore area under:
6
(a) an exploration permit; or
7
(b) a retention lease; or
8
(c) a production licence; or
9
(d) an infrastructure licence; or
10
(e) a pipeline licence; or
11
(f) a special prospecting authority; or
12
(g) an access authority; or
13
(h) a scientific investigation consent.
14
Direction by Designated Authority
15
(2) The Designated Authority may, by written notice given to the
16
person, direct the person to do any or all of the following things:
17
(a) to keep such accounts, records and other documents in
18
connection with those operations as are specified in the
19
notice;
20
(b) to collect and retain such cores, cuttings and samples in
21
connection with those operations as are specified in the
22
notice;
23
(c) to give to:
24
(i) the Designated Authority; or
25
(ii) a person specified in the notice;
26
in the manner specified in the notice, such reports, returns,
27
other documents, cores, cuttings and samples in connection
28
with those operations as are specified in the notice.
29
Offence
30
(3) A person commits an offence if:
31
Chapter 5 Information
Part 5.1 Data management and gathering of information
Division 2 Data management
Section 408
400 Offshore Petroleum Bill 2005 No. , 2005
(a) the person is subject to a direction under subsection (2); and
1
(b) the person omits to do an act; and
2
(c) the omission breaches the direction.
3
Penalty: 100 penalty units.
4
Direction by responsible Commonwealth Minister
5
(4) The responsible Commonwealth Minister may give the Designated
6
Authority directions about the exercise of the Designated
7
Authority's powers under subsection (2).
8
(5) A direction under subsection (4) may:
9
(a) relate to a particular case; or
10
(b) be of general application.
11
Directions
12
(6) A direction under subsection (2) is not a legislative instrument for
13
the purposes of the Legislative Instruments Act 2003.
14
(7) If a direction under subsection (4) is of general application, the
15
direction is a legislative instrument for the purposes of the
16
Legislative Instruments Act 2003.
17
(8) If a direction under subsection (4) relates to a particular case, the
18
direction is not a legislative instrument for the purposes of the
19
Legislative Instruments Act 2003.
20
408 Regulations about data management
21
(1) The regulations may make provision for and in relation to:
22
(a) the keeping of accounts, records and other documents in
23
connection with operations in an offshore area under:
24
(i) an exploration permit; or
25
(ii) a retention lease; or
26
(iii) a production licence; or
27
(iv) an infrastructure licence; or
28
(v) a pipeline licence; or
29
(vi) a special prospecting authority; or
30
Information Chapter 5
Data management and gathering of information Part 5.1
Data management Division 2
Section 408
Offshore Petroleum Bill 2005 No. , 2005 401
(vii) an access authority; or
1
(viii) a scientific investigation consent; and
2
(b) the collection and retention of cores, cuttings and samples in
3
connection with those operations; and
4
(c) the giving to the Designated Authority, or a specified person,
5
of reports, returns, other documents, cores, cuttings and
6
samples in connection with those operations.
7
Data management plans
8
(2) In particular, the regulations may establish a scheme that:
9
(a) applies in relation to operations in an offshore area under:
10
(i) an exploration permit; or
11
(ii) a retention lease; or
12
(iii) a production licence; or
13
(iv) an infrastructure licence; or
14
(v) a pipeline licence; or
15
(vi) a special prospecting authority; or
16
(vii) an access authority; or
17
(viii) a scientific investigation consent;
18
held by a person (the holder); and
19
(b) requires the holder to prepare and submit a plan (a data
20
management plan) that deals with any or all of the
21
following:
22
(i) the keeping of accounts, records and other documents in
23
connection with those operations;
24
(ii) the collection and retention of cores, cuttings and
25
samples in connection with those operations;
26
(iii) the giving to the Designated Authority, or to a person
27
specified in the data management plan, of reports,
28
returns, other documents, cores, cuttings and samples in
29
connection with those operations; and
30
(c) empowers the Designated Authority to make decisions about
31
the approval of:
32
(i) a data management plan; and
33
(ii) variations of a data management plan; and
34
Chapter 5 Information
Part 5.1 Data management and gathering of information
Division 2 Data management
Section 408
402 Offshore Petroleum Bill 2005 No. , 2005
(d) requires the holder to comply with an approved data
1
management plan submitted by the holder.
2
(3) A scheme referred to in subsection (2) may provide that the holder
3
must not commence the relevant operations unless:
4
(a) an approved data management plan is in force; or
5
(b) the Designated Authority gives consent to the
6
commencement of those operations.
7
(4) Subsections (2) and (3) do not limit subsection (1).
8
Directions are in addition to regulations
9
(5) A requirement under section 407 is in addition to a requirement
10
under regulations made for the purposes of this section.
11
Information Chapter 5
Data management and gathering of information Part 5.1
Information-gathering powers Division 3
Section 409
Offshore Petroleum Bill 2005 No. , 2005 403
1
Division 3--Information-gathering powers
2
409 Designated Authority or project inspector may obtain
3
information and documents
4
Scope
5
(1) This section applies to a person if:
6
(a) the Designated Authority in relation to an offshore area; or
7
(b) a project inspector in relation to an offshore area;
8
believes on reasonable grounds that the person has information or a
9
document, or is capable of giving evidence, that relates to any or
10
all of the following operations in the offshore area:
11
(c) petroleum exploration operations;
12
(d) petroleum recovery operations;
13
(e) operations relating to the processing or storage of petroleum;
14
(f) operations relating to the preparation of petroleum for
15
transport;
16
(g) operations connected with the construction or operation of a
17
pipeline.
18
Requirement
19
(2) The Designated Authority or the project inspector may, by written
20
notice given to the person, require the person:
21
(a) to give to the Designated Authority or the project inspector,
22
within the period and in the manner specified in the notice,
23
any such information; or
24
(b) to produce to the Designated Authority or the project
25
inspector, within the period and in the manner specified in
26
the notice, any such documents; or
27
(c) to make copies of any such documents and to produce to the
28
Designated Authority or the project inspector, within the
29
period and in the manner specified in the notice, those
30
copies; or
31
Chapter 5 Information
Part 5.1 Data management and gathering of information
Division 3 Information-gathering powers
Section 409
404 Offshore Petroleum Bill 2005 No. , 2005
(d) if the person is an individual--to appear before the
1
Designated Authority or the project inspector at a time and
2
place specified in the notice to:
3
(i) give any such evidence, either orally or in writing; and
4
(ii) produce any such documents; or
5
(e) if the person is a body corporate--to cause a competent
6
officer of the body to appear before the Designated Authority
7
or the project inspector at a time and place specified in the
8
notice to:
9
(i) give any such evidence, either orally or in writing; and
10
(ii) produce any such documents.
11
(3) A period specified under paragraph (2)(a), (b) or (c) must not be
12
shorter than 14 days after the notice is given.
13
(4) A time specified under paragraph (2)(d) or (e) must not be earlier
14
than 14 days after the notice is given.
15
Offence
16
(5) A person commits an offence if:
17
(a) the person has been given a notice under subsection (2); and
18
(b) the person omits to do an act; and
19
(c) the omission contravenes a requirement in the notice.
20
Penalty: 100 penalty units.
21
Notice to set out the effect of offence provisions
22
(6) A notice under subsection (2) must set out the effect of the
23
following provisions:
24
(a) subsection (5);
25
(b) section 415;
26
(c) section 416;
27
(d) section 417.
28
Note 1:
Section 415 is about giving false or misleading information.
29
Note 2:
Section 416 is about producing false or misleading documents.
30
Note 3:
Section 417 is about giving false or misleading evidence.
31
Information Chapter 5
Data management and gathering of information Part 5.1
Information-gathering powers Division 3
Section 410
Offshore Petroleum Bill 2005 No. , 2005 405
410 Copying documents--reasonable compensation
1
A person is entitled to be paid reasonable compensation for
2
complying with a requirement covered by paragraph 409(2)(c).
3
411 Power to examine on oath or affirmation
4
The Designated Authority or a project inspector may:
5
(a) administer an oath or affirmation to a person required to
6
appear before the Designated Authority or the project
7
inspector under section 409; and
8
(b) examine that person on oath or affirmation.
9
412 Self-incrimination
10
(1) A person is not excused from giving information or evidence or
11
producing a document under section 409 on the ground that the
12
information or evidence or the production of the document might
13
tend to incriminate the person or expose the person to a penalty.
14
(2) However:
15
(a) the information or evidence given or the document produced;
16
or
17
(b) giving the information or evidence or producing the
18
document; or
19
(c) any information, document or thing obtained as a direct or
20
indirect consequence of giving the information or evidence or
21
producing the document;
22
is not admissible in evidence against the person:
23
(d) in any civil proceedings; or
24
(e) in criminal proceedings other than:
25
(i) proceedings for an offence against subsection 409(5) or
26
section 415, 416 or 417; or
27
(ii) proceedings for an offence against section 137.1 or
28
137.2 of the Criminal Code that relates to this Division.
29
Chapter 5 Information
Part 5.1 Data management and gathering of information
Division 3 Information-gathering powers
Section 413
406 Offshore Petroleum Bill 2005 No. , 2005
413 Copies of documents
1
The Designated Authority or a project inspector may inspect a
2
document produced under this Division and may make and retain
3
copies of, or take and retain extracts from, such a document.
4
414 Designated Authority or project inspector may retain
5
documents
6
(1) The Designated Authority or a project inspector may take
7
possession of a document produced under this Division, and retain
8
it for as long as is reasonably necessary.
9
(2) The person otherwise entitled to possession of the document is
10
entitled to be supplied, as soon as practicable, with a copy certified
11
by the Designated Authority or a project inspector to be a true
12
copy.
13
(3) The certified copy must be received in all courts and tribunals as
14
evidence as if it were the original.
15
(4) Until a certified copy is supplied, the Designated Authority or a
16
project inspector must provide the person otherwise entitled to
17
possession of the document, or a person authorised by that person,
18
reasonable access to the document for the purposes of inspecting
19
and making copies of, or taking extracts from, the document.
20
415 False or misleading information
21
A person commits an offence if:
22
(a) the Designated Authority or a project inspector requires the
23
person to give information under subsection 409(2); and
24
(b) the person gives information; and
25
(c) the person does so knowing that the information is false or
26
misleading in a material particular.
27
Penalty: 100 penalty units.
28
Note:
The same conduct may be an offence against both this section and
29
section 137.1 of the Criminal Code.
30
Information Chapter 5
Data management and gathering of information Part 5.1
Information-gathering powers Division 3
Section 416
Offshore Petroleum Bill 2005 No. , 2005 407
416 False or misleading documents
1
A person commits an offence if:
2
(a) the person has been given a notice under subsection 409(2);
3
and
4
(b) the person produces a document to the Designated Authority
5
or a project inspector; and
6
(c) the person does so knowing that the document is false or
7
misleading in a material particular; and
8
(d) the document is produced in compliance or purported
9
compliance with the notice.
10
Penalty: 100 penalty units.
11
Note:
The same conduct may be an offence against both this section and
12
section 137.2 of the Criminal Code.
13
417 False or misleading evidence
14
A person commits an offence if:
15
(a) the person gives evidence to another person; and
16
(b) the person does so knowing that the evidence is false or
17
misleading in a material particular; and
18
(c) the evidence is given under section 409.
19
Penalty: Imprisonment for 12 months.
20
Chapter 5 Information
Part 5.2 Release of regulatory information
Section 418
408 Offshore Petroleum Bill 2005 No. , 2005
1
Part 5.2--Release of regulatory information
2
3
418 Notifiable events--Gazette notice
4
If an event specified in the table happens, the Designated Authority
5
must cause notice of:
6
(a) the event; and
7
(b) such details of the event as the Designated Authority thinks
8
fit;
9
to be published in the Gazette.
10
11
Notifiable events
Item
Event
1
The grant (otherwise than by way of renewal) of an
exploration permit, retention lease or production licence.
2
The renewal of an exploration permit, retention lease or
production licence.
3
The grant of an infrastructure licence or pipeline licence.
4
The variation of a production licence, infrastructure
licence or pipeline licence.
5
The surrender or cancellation of an exploration permit or
production licence as to some or all of the blocks in the
permit area or licence area.
6
The surrender or cancellation of a retention lease.
7
The surrender or cancellation of an infrastructure licence.
8
The revocation of an exploration permit or retention lease
as to a block or blocks.
9
The making of an application for a pipeline licence.
10
The making of an application for a variation of a pipeline
licence.
11
The surrender or cancellation of a pipeline licence as to the
whole or part of the pipeline.
12
The expiry of an exploration permit, retention lease or
fixed-term production licence.
Information Chapter 5
Release of regulatory information Part 5.2
Section 419
Offshore Petroleum Bill 2005 No. , 2005 409
Notifiable events
Item
Event
13
The termination of a production licence, infrastructure
licence or pipeline licence.
419 Designated Authority to make documents available to
1
responsible Commonwealth Minister
2
Scope
3
(1) This section applies to a document received or issued by the
4
Designated Authority in connection with this Act.
5
Document to be made available to the responsible Commonwealth
6
Minister
7
(2) The responsible Commonwealth Minister may require the
8
Designated Authority to make copies of the document available to
9
the responsible Commonwealth Minister.
10
(3) The Designated Authority must comply with a requirement under
11
subsection (2).
12
Chapter 5 Information
Part 5.3 Release of technical information
Division 1 Introduction
Section 420
410 Offshore Petroleum Bill 2005 No. , 2005
1
Part 5.3--Release of technical information
2
Division 1--Introduction
3
420 Simplified outline
4
The following is a simplified outline of this Part:
5
·
This Part deals with the confidentiality and release of:
6
(a)
information (documentary information) contained
7
in certain documents given to the Designated
8
Authority; and
9
(b)
petroleum mining samples given to the Designated
10
Authority.
11
421 Definitions
12
In this Part, unless the contrary intention appears:
13
applicable document means:
14
(a) an application made on or after 7 March 2000 to the
15
Designated Authority under:
16
(i) this Act; or
17
(ii) the repealed Petroleum (Submerged Lands) Act 1967; or
18
(b) a document accompanying such an application; or
19
(c) a report, return or other document that relates to a block and
20
that was given on or after 7 March 2000 to the Designated
21
Authority under:
22
(i) this Act; or
23
(ii) regulations made for the purposes of section 408 of this
24
Act; or
25
(iii) the repealed Petroleum (Submerged Lands) Act 1967; or
26
(iv) regulations made for the purposes of section 122A of
27
the repealed Petroleum (Submerged Lands) Act 1967.
28
Information Chapter 5
Release of technical information Part 5.3
Introduction Division 1
Section 421
Offshore Petroleum Bill 2005 No. , 2005 411
documentary information means information contained in an
1
applicable document.
2
petroleum mining sample means:
3
(a) a core or cutting from, or a sample of, the seabed or subsoil;
4
or
5
(b) a sample of petroleum recovered; or
6
(c) a sample of fluid recovered (other than fluid petroleum);
7
that has been given at any time, whether before or after the
8
commencement of this Part, to the Designated Authority, and
9
includes a portion of such a core, cutting or sample.
10
Chapter 5 Information
Part 5.3 Release of technical information
Division 2 Protection of confidentiality of information and samples
Section 422
412 Offshore Petroleum Bill 2005 No. , 2005
1
Division 2--Protection of confidentiality of information
2
and samples
3
Subdivision A--Information and samples obtained by the
4
Designated Authority
5
422 Protection of confidentiality of documentary information
6
obtained by the Designated Authority
7
(1) This section restricts what the Designated Authority may do with
8
documentary information.
9
(2) The Designated Authority must not:
10
(a) make the information publicly known; or
11
(b) make the information available to a person (other than a
12
Minister, a Minister of a State or a Minister of the Northern
13
Territory);
14
unless the Designated Authority does so:
15
(c) in accordance with regulations made for the purposes of this
16
paragraph; or
17
(d) for the purposes of the administration of this Act or the
18
regulations.
19
423 Protection of confidentiality of petroleum mining samples
20
obtained by the Designated Authority
21
(1) This section restricts what the Designated Authority may do with a
22
petroleum mining sample.
23
(2) The Designated Authority must not:
24
(a) make publicly known any details of the sample; or
25
(b) permit a person (other than a Minister, a Minister of a State
26
or a Minister of the Northern Territory) to inspect the sample;
27
unless the Designated Authority does so:
28
(c) in accordance with regulations made for the purposes of this
29
paragraph; or
30
Information Chapter 5
Release of technical information Part 5.3
Protection of confidentiality of information and samples Division 2
Section 424
Offshore Petroleum Bill 2005 No. , 2005 413
(d) for the purposes of the administration of this Act or the
1
regulations.
2
424 Designated Authority may make information or samples
3
available to a Minister, a State Minister or a Northern
4
Territory Minister
5
(1) The Designated Authority may make documentary information or a
6
petroleum mining sample available to:
7
(a) a Minister; or
8
(b) a Minister of a State; or
9
(c) a Minister of the Northern Territory.
10
(2) The responsible Commonwealth Minister may require the
11
Designated Authority to make documentary information or a
12
petroleum mining sample available to the responsible
13
Commonwealth Minister.
14
(3) The Designated Authority must comply with a requirement under
15
subsection (2).
16
Note 1:
For protection of the confidentiality of information obtained by a
17
Minister under this section, see section 425.
18
Note 2:
For protection of the confidentiality of a sample obtained by a
19
Minister under this section, see section 426.
20
Subdivision B--Information and samples obtained by a
21
Minister
22
425 Protection of confidentiality of information obtained by a
23
Minister
24
(1) This section restricts what a Minister may do with documentary
25
information made available to the responsible Commonwealth
26
Minister under section 424.
27
(2) The responsible Commonwealth Minister must not:
28
(a) make the information publicly known; or
29
Chapter 5 Information
Part 5.3 Release of technical information
Division 2 Protection of confidentiality of information and samples
Section 426
414 Offshore Petroleum Bill 2005 No. , 2005
(b) make the information available to a person (other than a
1
Minister, a Minister of a State or a Minister of the Northern
2
Territory);
3
unless the responsible Commonwealth Minister does so:
4
(c) in accordance with regulations made for the purposes of this
5
paragraph; or
6
(d) for the purposes of the administration of this Act or the
7
regulations.
8
426 Protection of confidentiality of petroleum mining samples
9
obtained by a Minister
10
(1) This section restricts what a Minister may do with a petroleum
11
mining sample made available to the responsible Commonwealth
12
Minister under section 424.
13
(2) The responsible Commonwealth Minister must not:
14
(a) make publicly known any details of the sample; or
15
(b) permit a person (other than a Minister, a Minister of a State
16
or a Minister of the Northern Territory) to inspect the sample;
17
unless the responsible Commonwealth Minister does so:
18
(c) in accordance with regulations made for the purposes of this
19
paragraph; or
20
(d) for the purposes of the administration of this Act or the
21
regulations.
22
Subdivision C--Miscellaneous
23
427 Fees
24
(1) This section applies to regulations made for the purposes of any of
25
the following:
26
(a) paragraph 422(2)(c);
27
(b) paragraph 423(2)(c);
28
(c) paragraph 425(2)(c);
29
(d) paragraph 426(2)(c).
30
(2) The regulations may make provision for fees relating to:
31
Information Chapter 5
Release of technical information Part 5.3
Protection of confidentiality of information and samples Division 2
Section 428
Offshore Petroleum Bill 2005 No. , 2005 415
(a) making information available to a person; or
1
(b) permitting a person to inspect a sample.
2
428 Review by Minister
3
(1) This section applies to regulations made for the purposes of:
4
(a) paragraph 422(2)(c); or
5
(b) paragraph 423(2)(c).
6
(2) The regulations may make provision for the responsible
7
Commonwealth Minister to:
8
(a) review a decision of the Designated Authority under the
9
regulations; and
10
(b) make a decision:
11
(i) confirming the decision reviewed; or
12
(ii) revoking the decision reviewed and substituting another
13
decision for it.
14
429 Privacy Act
15
This Part does not override any requirements of the Privacy Act
16
1988. In particular, this Part is not to be taken, for the purposes of
17
that Act, to require or authorise the disclosure of information.
18
Chapter 5 Information
Part 5.3 Release of technical information
Division 3 Copyright
Section 430
416 Offshore Petroleum Bill 2005 No. , 2005
1
Division 3--Copyright
2
430 Publishing or making copies of applicable documents not an
3
infringement of copyright
4
The copyright in a literary or artistic work contained in an
5
applicable document is not infringed by anything done:
6
(a) by, or with the authority of, the Designated Authority or the
7
responsible Commonwealth Minister; and
8
(b) for the purpose of the exercise of any of the powers of the
9
Designated Authority or Minister under this Part.
10
Information Chapter 5
Release of technical information Part 5.3
Release of technical information given to the Designated Authority before 7 March
2000 Division 4
Section 431
Offshore Petroleum Bill 2005 No. , 2005 417
1
Division 4--Release of technical information given to the
2
Designated Authority before 7 March 2000
3
431 Release of technical information given to the Designated
4
Authority before 7 March 2000
5
Schedule 5 has effect.
6
Chapter 6 Miscellaneous
Part 6.1 Reconsideration and review of decisions
Section 432
418 Offshore Petroleum Bill 2005 No. , 2005
1
Chapter 6--Miscellaneous
2
Part 6.1--Reconsideration and review of decisions
3
4
432 Simplified outline
5
The following is a simplified outline of this Part:
6
·
The following decisions may be reviewed by the
7
Administrative Appeals Tribunal following a process of
8
internal reconsideration by the responsible Commonwealth
9
Minister:
10
(a)
decisions of a delegate of the Joint Authority for
11
the offshore area of an external Territory;
12
(b)
decisions of a delegate of the Designated Authority
13
for the offshore area of an external Territory.
14
·
In addition, certain decisions of the responsible
15
Commonwealth Minister relating to the release of technical
16
information may be reviewed by the Administrative Appeals
17
Tribunal.
18
433 Definitions
19
In this Part:
20
decision has the same meaning as in the Administrative Appeals
21
Tribunal Act 1975.
22
reviewable delegated decision means a decision that:
23
(a) is made under this Act or the regulations; and
24
(b) is a decision of a delegate of the responsible Commonwealth
25
Minister; and
26
(c) is made in the performance of the functions, or the exercise
27
of the powers, of the Joint Authority, or the Designated
28
Miscellaneous Chapter 6
Reconsideration and review of decisions Part 6.1
Section 434
Offshore Petroleum Bill 2005 No. , 2005 419
Authority, in relation to the offshore area of an external
1
Territory.
2
reviewable Ministerial decision means:
3
(a) a decision of the responsible Commonwealth Minister that:
4
(i) is made under this Act or the regulations; and
5
(ii) is not a decision of a delegate of the responsible
6
Commonwealth Minister; and
7
(iii) is made in the performance of the functions, or the
8
exercise of the powers, of the Joint Authority, or the
9
Designated Authority, in relation to the offshore area of
10
an external Territory; or
11
(b) a decision of the responsible Commonwealth Minister under:
12
(i) regulations made for the purposes of paragraph
13
422(2)(c) or 423(2)(c), where the decision is of a kind
14
referred to in paragraph 428(2)(b); or
15
(ii) regulations made for the purposes of paragraph
16
425(2)(c) or 426(2)(c); or
17
(iii) subsection 434(1) or (4); or
18
(iv) clause 6, subclause 7(1), clause 8, or subclause 9(6) or
19
(10), of Schedule 5.
20
Note 1:
Subparagraphs (b)(i) and (ii) relate to the release of technical
21
information.
22
Note 2:
Subparagraph (b)(iii) relates to the reconsideration of reviewable
23
delegated decisions.
24
Note 3:
Subparagraph (b)(iv) relates to the release of technical information
25
given to the Designated Authority before 7 March 2000.
26
434 Reconsideration of reviewable delegated decision
27
Request for reconsideration
28
(1) A person affected by a reviewable delegated decision who is
29
dissatisfied with the decision may, by written notice given to the
30
responsible Commonwealth Minister, request the responsible
31
Commonwealth Minister to reconsider the decision. The request
32
must be made within:
33
(a) 30 days after the day on which the decision first comes to the
34
notice of the person; or
35
Chapter 6 Miscellaneous
Part 6.1 Reconsideration and review of decisions
Section 434
420 Offshore Petroleum Bill 2005 No. , 2005
(b) such further period as the responsible Commonwealth
1
Minister (either before or after the end of that period), by
2
written notice given to the person, allows.
3
(2) A request under subsection (1) must set out the reasons for making
4
the request.
5
Acknowledgment of receipt of request
6
(3) As soon as practicable after the responsible Commonwealth
7
Minister receives the request, the responsible Commonwealth
8
Minister must, by written notice given to the person who made the
9
request, acknowledge receipt of the request.
10
Decision on reconsideration
11
(4) The responsible Commonwealth Minister must, within 45 days
12
after receiving the request, reconsider the reviewable delegated
13
decision, and may make a decision:
14
(a) in substitution for the reviewable delegated decision, whether
15
in the same terms as the reviewable delegated decision or
16
not; or
17
(b) revoking the reviewable delegated decision.
18
Notification of decision on reconsideration
19
(5) If, as a result of a reconsideration under subsection (4), the
20
responsible Commonwealth Minister makes a decision in
21
substitution for or revoking a reviewable delegated decision, the
22
responsible Commonwealth Minister must, by written notice given
23
to the person who made the request under subsection (1) for the
24
reconsideration:
25
(a) inform the person of the result of the reconsideration; and
26
(b) give reasons for the decision made as the result of the
27
reconsideration.
28
Notification of right to have a decision reconsidered etc.
29
(6) If a person makes a reviewable delegated decision and gives to a
30
person affected by the decision written notice of the decision, that
31
Miscellaneous Chapter 6
Reconsideration and review of decisions Part 6.1
Section 435
Offshore Petroleum Bill 2005 No. , 2005 421
notice must include a statement to the effect that a person affected
1
by the decision:
2
(a) may, if the person is dissatisfied with the decision, seek a
3
reconsideration of the decision by the responsible
4
Commonwealth Minister in accordance with this section; and
5
(b) may, subject to the Administrative Appeals Tribunal Act
6
1975, if the person is dissatisfied with a decision made on
7
that reconsideration, make application to the Administrative
8
Appeals Tribunal for review of that decision.
9
(7) A failure to comply with subsection (6) in relation to a decision
10
does not affect the validity of the decision.
11
435 Review of reviewable Ministerial decision
12
Applications may be made to the Administrative Appeals Tribunal
13
for review of a reviewable Ministerial decision.
14
Note:
For notification of decision and review rights, see section 27A of the
15
Administrative Appeals Tribunal Act 1975.
16
Chapter 6 Miscellaneous
Part 6.2 Liability for acts and omissions
Section 436
422 Offshore Petroleum Bill 2005 No. , 2005
1
Part 6.2--Liability for acts and omissions
2
3
436 Liability for acts and omissions
4
Scope
5
(1) This section applies to the following bodies and people:
6
(a) the Joint Authority;
7
(b) a member of the Joint Authority;
8
(c) the Designated Authority;
9
(d) the Safety Authority;
10
(e) the Chief Executive Officer of the Safety Authority;
11
(f) a project inspector appointed under section 318;
12
(g) an OHS inspector appointed under Part 4.8;
13
(h) a person acting under the direction or authority of the Joint
14
Authority or the Designated Authority;
15
(i) a person acting under the direction or authority of the Safety
16
Authority or the Chief Executive Officer of the Safety
17
Authority.
18
(2) This section does not apply to a person or body merely because the
19
person or body is acting in accordance with a proposal or plan
20
(however described) that has been accepted, agreed or otherwise
21
approved by or on behalf of the Joint Authority, the Designated
22
Authority or the Safety Authority.
23
Extent of liability
24
(3) A body or person is not liable to an action, suit or proceeding for,
25
or in relation to, an act or matter in good faith done or omitted to
26
be done in the exercise, or purported exercise, of any power or
27
authority conferred by:
28
(a) this Act; or
29
(b) the regulations; or
30
(c) a direction under this Act.
31
Miscellaneous Chapter 6
Liability for acts and omissions Part 6.2
Section 436
Offshore Petroleum Bill 2005 No. , 2005 423
Rectification of Register
1
(4) This section has effect subject to section 287.
2
Note:
Section 287 deals with rectification of the Register.
3
Judicial review
4
(5) This section does not affect:
5
(a) any rights conferred on a person by the Administrative
6
Decisions (Judicial Review) Act 1977 to apply to a court in
7
relation to:
8
(i) a decision; or
9
(ii) conduct engaged in for the purpose of making a
10
decision; or
11
(iii) a failure to make a decision; or
12
(b) any other rights that a person has to seek a review by a court
13
or tribunal in relation to:
14
(i) a decision; or
15
(ii) conduct engaged in for the purpose of making a
16
decision; or
17
(iii) a failure to make a decision.
18
(6) An expression used in subsection (5) has the same meaning as in
19
section 10 of the Administrative Decisions (Judicial Review) Act
20
1977.
21
Chapter 6 Miscellaneous
Part 6.3 Jurisdiction of courts
Section 437
424 Offshore Petroleum Bill 2005 No. , 2005
1
Part 6.3--Jurisdiction of courts
2
3
437 Jurisdiction of State courts
4
(1) The courts of the States are invested with federal jurisdiction in
5
relation to matters arising under:
6
(a) this Act; and
7
(b) the regulations.
8
(2) Subsection (1) does not apply to matters arising under the applied
9
provisions.
10
(3) Jurisdiction is invested under subsection (1) within the limits (other
11
than limits of locality) of the jurisdiction of the court (whether
12
those limits are limits as to subject matter or otherwise).
13
438 Jurisdiction of Territory courts
14
(1) Jurisdiction is conferred on the courts of the Territories in relation
15
to matters arising under:
16
(a) this Act; and
17
(b) the regulations.
18
(2) Subsection (1) does not apply to matters arising under the applied
19
provisions.
20
(3) Jurisdiction is conferred under subsection (1) within the limits
21
(other than limits of locality) of the jurisdiction of the court
22
(whether those limits are limits as to subject matter or otherwise).
23
Miscellaneous Chapter 6
Service of documents Part 6.4
Section 439
Offshore Petroleum Bill 2005 No. , 2005 425
1
Part 6.4--Service of documents
2
3
439 Service of documents
4
(1) The table has effect:
5
6
Service of documents
Item
A document required or
permitted by this Act to be
given to...
must be given...
1
a person other than:
(a) the Designated Authority;
or
(b) a corporation
(a) by delivering the document to
that person personally; or
(b) by prepaying and posting the
document as a letter addressed
to that person at the person's
last known place of residence or
business or, if that person is
carrying on business at 2 or
more places, at one of those
places; or
(c) by leaving the document at the
last known place of residence of
that person with some person
apparently a resident of that
place and apparently at least 16
years of age; or
(d) by leaving the document at the
last known place of business of
that person (or, if that person is
carrying on business at 2 or
more places, at one of those
places) with some person
apparently in the employment of
that person and apparently at
least 16 years of age.
Chapter 6 Miscellaneous
Part 6.4 Service of documents
Section 439
426 Offshore Petroleum Bill 2005 No. , 2005
Service of documents
Item
A document required or
permitted by this Act to be
given to...
must be given...
2
the Designated Authority
(a) by prepaying and posting the
document as a letter addressed
to the Designated Authority at a
place of business of the
Designated Authority; or
(b) by leaving it at a place of
business of the Designated
Authority with some person
apparently employed in
connection with the business of
the Designated Authority and
apparently at least 16 years of
age.
3
a corporation
(a) by prepaying and posting the
document as a letter addressed
to the corporation at its last
known place of business or, if it
is carrying on business at 2 or
more places, at one of those
places; or
(b) by leaving it at that place, or at
one of those places, with some
person apparently in the
employment of the corporation
and apparently at least 16 years
of age.
(2) If a document is given to a person by prepaying and posting the
1
document as a letter in accordance with an item of the table, the
2
document is taken to have been given to the person at the time at
3
which the letter would have been delivered in the ordinary course
4
of post.
5
Miscellaneous Chapter 6
Service of documents Part 6.4
Section 440
Offshore Petroleum Bill 2005 No. , 2005 427
440 Service of documents on Joint Authority
1
A document required or permitted by this Act to be given to the
2
Joint Authority is taken to have been given to the Joint Authority if
3
it is given to:
4
(a) the Designated Authority; or
5
(b) a delegate of the Designated Authority.
6
441 Service of documents on 2 or more registered holders of a title
7
Scope
8
(1) This section applies if there are 2 or more registered holders of a
9
title.
10
Nomination of one of the registered holders
11
(2) Those registered holders may, by joint written notice given to the
12
Designated Authority, nominate one of them as being the person to
13
whom documents may be given in any case where the documents:
14
(a) relate to the title; and
15
(b) are required or permitted by this Act to be given.
16
(3) The joint written notice must be executed in an approved manner
17
by or on behalf of each of the registered holders.
18
Document may be given to nominated person
19
(4) If:
20
(a) a document relating to a title is required or permitted by this
21
Act to be given to the registered holder; and
22
(b) there are 2 or more registered holders of the title; and
23
(c) a nomination of a person under subsection (2) is in force in
24
relation to the title; and
25
(d) the document is given to the nominated person;
26
the document is taken to have been given to each of those
27
registered holders.
28
Chapter 6 Miscellaneous
Part 6.4 Service of documents
Section 441
428 Offshore Petroleum Bill 2005 No. , 2005
Revocation of nomination
1
(5) If:
2
(a) a person has been nominated under subsection (2) in relation
3
to a title; and
4
(b) one of the registered holders of the title, by written notice
5
given to the Designated Authority, revokes the nomination;
6
the nomination ceases to be in force.
7
Cessation of nomination--nominee ceases to be a registered holder
8
(6) If:
9
(a) a person has been nominated under subsection (2) in relation
10
to a title; and
11
(b) the nominated person ceases to be one of the registered
12
holders of the title;
13
the nomination ceases to be in force.
14
Definition
15
(7) In this section:
16
title means:
17
(a) an exploration permit; or
18
(b) a retention lease; or
19
(c) a production licence; or
20
(d) an infrastructure licence; or
21
(e) a pipeline licence; or
22
(f) a special prospecting authority; or
23
(g) an access authority.
24
Miscellaneous Chapter 6
Publication in Gazette Part 6.5
Section 442
Offshore Petroleum Bill 2005 No. , 2005 429
1
Part 6.5--Publication in Gazette
2
3
442 Publication in Gazette
4
Scope
5
(1) This section applies if:
6
(a) an instrument or notice is required by this Act or the
7
regulations to be published in the Gazette; and
8
(b) the instrument or notice has effect in relation to an offshore
9
area of a State or Territory.
10
Publication in Government Gazette of the State or Territory
11
(2) The instrument or notice may be published in the Government
12
Gazette of the State or Territory and, in that event, is taken to have
13
been published in the Gazette.
14
Chapter 6 Miscellaneous
Part 6.6 Regulations
Section 443
430 Offshore Petroleum Bill 2005 No. , 2005
1
Part 6.6--Regulations
2
3
443 Regulations
4
The Governor-General may make regulations prescribing matters:
5
(a) required or permitted by this Act to be prescribed; or
6
(b) necessary or convenient to be prescribed for carrying out or
7
giving effect to this Act.
8
444 Regulations dealing with specific matters
9
(1) The regulations may make provision for securing, regulating,
10
controlling or restricting any or all of the matters set out in the
11
table:
12
13
Specific matters
Item
Matters
1
(a) the exploration for petroleum; and
(b) the carrying on of operations, and the execution of works, for that
purpose.
2
(a) the recovery of petroleum; and
(b) the carrying on of operations, and the execution of works, for that
purpose.
3
the conservation of, and the prevention of the waste of, the natural
resources (whether petroleum or otherwise) of the continental shelf.
4
(a) the construction and operation of pipelines, water lines, secondary
lines, pumping stations, tank stations or valve stations; and
(b) the carrying on of operations, and the execution of works, for any of
those purposes.
5
the construction, erection, maintenance, operation or use of installations,
structures, equipment or facilities.
6
the control of the flow or discharge, and the prevention of the escape, of:
(a) petroleum, water or drilling fluid; or
(b) a mixture of water or drilling fluid with petroleum or any other
matter.
Miscellaneous Chapter 6
Regulations Part 6.6
Section 445
Offshore Petroleum Bill 2005 No. , 2005 431
Specific matters
Item
Matters
7
the clean-up or other remediation of the effects of the escape of
petroleum.
8
the prevention of damage to petroleum-bearing strata in an area (whether
in an offshore area or not) over which an exploration permit, retention
lease or production licence is not in force.
9
the keeping separate of:
(a) each petroleum pool discovered in an exploration permit area, a
retention lease area or a production licence area; and
(b) each source of water discovered in an exploration permit area, a
retention lease area or a production licence area.
10
the prevention of water or other matter from entering a petroleum pool
through wells.
11
the prevention of the waste or escape of petroleum or water from a
pipeline, water line, secondary line, pumping station, tank station or
valve station.
12
the maintaining in good condition and repair of all structures, equipment
and other property in an offshore area used or intended to be used for or
in connection with exploring for, or exploiting, petroleum in the offshore
area.
13
the removal from an offshore area of structures, equipment and other
items of property that:
(a) have been brought into the offshore area for or in connection with
exploring for, or exploiting, petroleum; and
(b) are not used, or intended to be used, in connection with exploring for,
or exploiting, petroleum in the offshore area.
(2) Subsection (1) does not limit section 443.
1
445 Regulations may provide for matters by reference to codes of
2
practice or standards
3
(1) The regulations may make provision in relation to a matter by
4
applying, adopting or incorporating (with or without modification)
5
a code of practice or standard contained in an instrument:
6
(a) as in force or existing at the time when the regulations take
7
effect; or
8
Chapter 6 Miscellaneous
Part 6.6 Regulations
Section 446
432 Offshore Petroleum Bill 2005 No. , 2005
(b) as in force or existing from time to time;
1
so long as the code of practice or standard is relevant to that matter.
2
(2) To avoid doubt, subsection (1) applies to an instrument, whether
3
issued or made in Australia or outside Australia.
4
446 Unconditional or conditional prohibition
5
The regulations may prohibit the doing of an act or thing either:
6
(a) unconditionally; or
7
(b) subject to conditions (including conditions requiring the
8
grant, as prescribed by the regulations, of the consent or
9
approval of a person).
10
447 Exercise of Australia's rights under international law--
11
continental shelf
12
The regulations may, to the extent to which this Act does not do so,
13
provide for the exercise of Australia's rights under international
14
law in relation to:
15
(a) exploring for; and
16
(b) exploiting;
17
petroleum as a natural resource of the continental shelf.
18
448 Exercise of Australia's rights under international law--
19
petroleum within territorial limits
20
The regulations may, to the extent to which this Act does not do so,
21
provide for the exercise of Australia's rights under international
22
law in relation to:
23
(a) exploring for; and
24
(b) exploiting;
25
the petroleum which occurs as a natural resource of the seabed and
26
subsoil of the submarine areas within the territorial limits of the
27
Commonwealth and the Territories.
28
449 Offences
29
(1) The regulations may provide for offences against the regulations.
30
Miscellaneous Chapter 6
Regulations Part 6.6
Section 449
Offshore Petroleum Bill 2005 No. , 2005 433
(2) The penalties for offences against the regulations must not exceed:
1
(a) a fine of 100 penalty units; or
2
(b) a fine of 100 penalty units for each day on which the offence
3
occurs.
4
Chapter 6 Miscellaneous
Part 6.7 Transitional provisions
Section 450
434 Offshore Petroleum Bill 2005 No. , 2005
1
Part 6.7--Transitional provisions
2
3
450 Transitional provisions
4
Schedule 6 has effect.
5
Scheduled areas for the States and Territories Schedule 1
Clause 1
Offshore Petroleum Bill 2005 No. , 2005 435
Schedule 1--Scheduled areas for the States
1
and Territories
2
Note:
See section 7 (for datum, see sections 22, 30 and 31).
3
4
5
1 Scheduled area for New South Wales
6
(1) The scheduled area for New South Wales is so much of the
7
pre-treaty area for New South Wales as does not consist of the
8
excised area for New South Wales.
9
Note 1:
For pre-treaty area, see subclause (2).
10
Note 2:
For excised area, see subclause (3).
11
Note 3:
For interpretation of references in other laws to areas described in this
12
Schedule, see clause 9.
13
Pre-treaty area
14
(2) The pre-treaty area for New South Wales is the area the boundary
15
of which commences at a point that is the intersection of the
16
coastline at mean low water by the geodesic between the
17
trigonometrical station known as Point Danger near Point Danger
18
and a point of Latitude 27º 58´ South, Longitude 154º East and
19
runs thence north-easterly along that geodesic to the last-mentioned
20
point:
21
(a) thence north-easterly along the geodesic to a point of
22
Latitude 27º 48´ South, Longitude 154º 22´ East; and
23
(b) thence easterly along the geodesic to a point of Latitude 26º
24
59´ 05´´ South, Longitude 165º 40´ East; and
25
(c) thence south along the meridian of Longitude 165º 40´ East
26
to its intersection by the parallel of Latitude 34º 03´ 30´´
27
South; and
28
(d) thence south-westerly along the geodesic to a point of
29
Latitude 34º 16´ South, Longitude 165º 16´ East; and
30
(e) thence south-westerly along the geodesic to a point of
31
Latitude 37º 21´ 30´´ South, Longitude 164º 23´ East; and
32
(f) thence south-westerly along the geodesic to a point of
33
Latitude 37º 32´ South, Longitude 164º 11´ East; and
34
Schedule 1 Scheduled areas for the States and Territories
Clause 2
436 Offshore Petroleum Bill 2005 No. , 2005
(g) thence south-westerly along the geodesic to a point of
1
Latitude 37º 59´ South, Longitude 163º 47´ East; and
2
(h) thence south-westerly along the geodesic to a point of
3
Latitude 38º 58´ South, Longitude 161º 15´ 30´´ East; and
4
(i) thence south-westerly along the geodesic to a point of
5
Latitude 39º 12´ South, Longitude 160º East; and
6
(j) thence south-westerly along the geodesic to a point of
7
Latitude 40º 40´ South, Longitude 158º 53´ East; and
8
(k) thence north-westerly along the geodesic to a point of
9
Latitude 37º 35´ South, Longitude 150º 10´ East; and
10
(l) thence north-westerly along the geodesic to the intersection
11
of the coastline at mean low water by the boundary between
12
the States of New South Wales and Victoria; and
13
(m) thence generally northerly along the coastline of Australia at
14
mean low water to the point of commencement.
15
Excised area
16
(3) The excised area for New South Wales is the area the boundary of
17
which commences at a point that is the intersection of the boundary
18
of the pre-treaty area for New South Wales by the line (the Article
19
2 treaty line) described in Article 2 of the New Zealand boundary
20
treaty and runs:
21
(a) thence along the Article 2 treaty line to the point described in
22
the treaty as Point ANZ 29; and
23
(b) thence south-westerly along the geodesic to the point
24
described in paragraph (2)(i) of this clause; and
25
(c) thence generally north-easterly along the boundary of the
26
pre-treaty area for New South Wales to the point of
27
commencement.
28
2 Scheduled area for Victoria
29
The scheduled area for Victoria is the area the boundary of which
30
commences at a point that is the intersection of the coastline at
31
mean low water by the boundary between the States of New South
32
Wales and Victoria and runs thence south-easterly along the
33
geodesic to a point of Latitude 37º 35´ South, Longitude 150º 10´
34
East:
35
Scheduled areas for the States and Territories Schedule 1
Clause 3
Offshore Petroleum Bill 2005 No. , 2005 437
(a) thence south-easterly along the geodesic to a point of
1
Latitude 40º 40´ South, Longitude 158º 53´ East; and
2
(b) thence south-westerly along the geodesic to a point of
3
Latitude 41º 30´ South, Longitude 158º 13´ East; and
4
(c) thence north-westerly along the geodesic to a point of
5
Latitude 39º 12´ South, Longitude 150º East; and
6
(d) thence west along the parallel of Latitude 39º 12´ South to its
7
intersection by the meridian of Longitude 142º 30´ East; and
8
(e) thence south-westerly along the geodesic to a point of
9
Latitude 39º 50´ South, Longitude 142º East; and
10
(f) thence south-westerly along the geodesic to a point of
11
Latitude 44º South, Longitude 136º 29´ East; and
12
(g) thence north-easterly along the geodesic to a point of
13
Latitude 38º 40´ 48´´ South, Longitude 140º 40´ 44´´ East;
14
and
15
(h) thence north-easterly along the geodesic to a point of
16
Latitude 38º 35´ 30´´ South, Longitude 140º 44´ 37´´ East;
17
and
18
(i) thence north-easterly along the geodesic to a point of
19
Latitude 38º 26´ South, Longitude 140º 53´ East; and
20
(j) thence north-easterly along the geodesic to a point of
21
Latitude 38º 15´ South, Longitude 140º 57´ East; and
22
(k) thence north-easterly along the geodesic to a point that is the
23
intersection of the parallel of Latitude 38º 10´ South by the
24
meridian passing through the intersection of the coastline at
25
mean low water by the boundary between the States of South
26
Australia and Victoria; and
27
(l) thence north along that meridian to its intersection by the
28
coastline at mean low water; and
29
(m) thence along the coastline of the State of Victoria at mean
30
low water to the point of commencement.
31
3 Scheduled area for Queensland
32
The scheduled area for Queensland is the area the boundary of
33
which commences at a point that is the intersection of the coastline
34
at mean low water by the boundary between the Northern Territory
35
of Australia and the State of Queensland and runs:
36
Schedule 1 Scheduled areas for the States and Territories
Clause 3
438 Offshore Petroleum Bill 2005 No. , 2005
(a) thence north-easterly along the geodesic to the point of
1
Latitude 15º 55´ South, Longitude 138º 30´ East; and
2
(b) thence north along the meridian of Longitude 138º 30´ East
3
to its intersection by the parallel of Latitude 14º 30´ South;
4
and
5
(c) thence east along that parallel to its intersection by the
6
meridian of Longitude 139º 15´ East; and
7
(d) thence north along that meridian to its intersection by the
8
parallel of Latitude 11º South; and
9
(e) thence north-westerly along the geodesic to the point of
10
Latitude 10º 51´ South, Longitude 139º 12´ 30´´ East; and
11
(f) thence north-westerly along the geodesic to the point of
12
Latitude 10º 50´ South, Longitude 139º 12´ East; and
13
(g) thence south-easterly along the geodesic to the point of
14
Latitude 11º 09´ South, Longitude 139º 23´ East; and
15
(h) thence north-easterly along the geodesic to the point of
16
Latitude 10º 59´ South, Longitude 140º 00´ East; and
17
(i) thence north-easterly along the geodesic to the point of
18
Latitude 9º 46´ South, Longitude 142º 00´ East; and
19
(j) thence north-easterly along the geodesic to the point of
20
Latitude 9º 45´ 24´´ South, Longitude 142º 03´ 30´´ East; and
21
(k) thence north-easterly along the geodesic to the point of
22
Latitude 9º 42´ South, Longitude 142º 23´ East; and
23
(l) thence north-easterly along the geodesic to the point of
24
Latitude 9º 40´ 30´´ South, Longitude 142º 51´ East; and
25
(m) thence north-easterly along the geodesic to the point of
26
Latitude 9º 40´ South, Longitude 143º 00´ East; and
27
(n) thence north-easterly along the geodesic to the point of
28
Latitude 9º 33´ South, Longitude 143º 05´ East; and
29
(o) thence east along the parallel of Latitude 9º 33´ South, to its
30
intersection by the meridian of Longitude 143º 20´ East; and
31
(p) thence north-easterly along the geodesic to the point of
32
Latitude 9º 24´ South, Longitude 143º 30´ East; and
33
(q) thence north-easterly along the geodesic to the point of
34
Latitude 9º 22´ South, Longitude 143º 48´ East; and
35
(r) thence south-easterly along the geodesic to the point of
36
Latitude 9º 30´ South, Longitude 144º 15´ East; and
37
Scheduled areas for the States and Territories Schedule 1
Clause 3
Offshore Petroleum Bill 2005 No. , 2005 439
(s) thence south-easterly along the geodesic to the point of
1
Latitude 9º 51´ South, Longitude 144º 44´ East; and
2
(t) thence south-easterly along the geodesic to the point of
3
Latitude 12º 20´ South, Longitude 146º 30´ East; and
4
(u) thence south-easterly along the geodesic to the point of
5
Latitude 12º 38´ 30´´ South, Longitude 147º 08´ 30´´ East;
6
and
7
(v) thence south-easterly along the geodesic to the point of
8
Latitude 12º 56´ 23´´ South, Longitude 147º 40´ East; and
9
(w) thence south along the meridian of Longitude 147º 40´ East
10
to its intersection by the parallel of Latitude 14º South; and
11
(x) thence west along that parallel to its intersection by the
12
meridian of Longitude 146º 55´ East; and
13
(y) thence south along that meridian to its intersection by the
14
parallel of Latitude 17º 05´ South; and
15
(z) thence east along that parallel to its intersection by the
16
meridian of Longitude 147º 45´ East; and
17
(za) thence south along that meridian to its intersection by the
18
parallel of Latitude 18º 30´ South; and
19
(zb) thence east along that parallel to its intersection by the
20
meridian of Longitude 150º 50´ East; and
21
(zc) thence south along that meridian to its intersection by the
22
parallel of Latitude 20º South; and
23
(zd) thence east along that parallel to its intersection by the
24
meridian of Longitude 151º 30´ East; and
25
(ze) thence south along that meridian to its intersection by the
26
parallel of Latitude 20º 25´ South; and
27
(zf) thence east along that parallel to its intersection by the
28
meridian of Longitude 153º 05´ East; and
29
(zg) thence south along that meridian to its intersection by the
30
parallel of Latitude 22º 50´ South; and
31
(zh) thence east along that parallel to its intersection by the
32
meridian of Longitude 153º 40´ East; and
33
(zi) thence south along that meridian to its intersection by the
34
parallel of Latitude 23º 15´ South; and
35
(zj) thence east along that parallel to its intersection by the
36
meridian of Longitude 154º East; and
37
Schedule 1 Scheduled areas for the States and Territories
Clause 4
440 Offshore Petroleum Bill 2005 No. , 2005
(zk) thence south along that meridian to its intersection by the
1
parallel of Latitude 23º 50´ South; and
2
(zl) thence east along that parallel to its intersection by the
3
meridian of Longitude 155º 15´ East; and
4
(zm) thence south along that meridian to its intersection by the
5
parallel of Latitude 25º South; and
6
(zn) thence east along that parallel to its intersection by the
7
meridian of Longitude 158º 32´ 47´´ East; and
8
(zo) thence south-easterly along the geodesic to the point of
9
Latitude 25º 08´ 54´´ South, Longitude 158º 36´ 36´´ East;
10
and
11
(zp) thence south-easterly along the geodesic to the point of
12
Latitude 26º 26´ 36´´ South, Longitude 163º 43´ 27´´ East;
13
and
14
(zq) thence north-easterly along the geodesic to the point of
15
Latitude 26º 13´ 33´´ South, Longitude 165º 40´ East; and
16
(zr) thence south along the meridian of Longitude 165º 40´ East,
17
to its intersection by the parallel of Latitude 26º 59´ 05´´
18
South; and
19
(zs) thence south-westerly along the geodesic to the point of
20
Latitude 27º 48´ South, Longitude 154º 22´ East; and
21
(zt) thence south-westerly along the geodesic to the point of
22
Latitude 27º 58´ South, Longitude 154º East; and
23
(zu) thence south-westerly along the geodesic between the
24
last-mentioned point and the trigonometrical station known
25
as Point Danger near Point Danger to its intersection by the
26
coastline at mean low water; and
27
(zv) thence along the coastline of the State of Queensland at mean
28
low water to the point of commencement.
29
4 Scheduled area for South Australia
30
The scheduled area for South Australia is the area the boundary of
31
which commences at a point that is the intersection of the coastline
32
at mean low water by the boundary between the States of South
33
Australia and Victoria and runs thence south along the meridian
34
through that point to its intersection by the parallel of Latitude 38º
35
10´ South:
36
Scheduled areas for the States and Territories Schedule 1
Clause 5
Offshore Petroleum Bill 2005 No. , 2005 441
(a) thence south-westerly along the geodesic to a point of
1
Latitude 38º 15´ South, Longitude 140º 57´ East; and
2
(b) thence south-westerly along the geodesic to a point of
3
Latitude 38º 26´ South, Longitude 140º 53´ East; and
4
(c) thence south-westerly along the geodesic to a point of
5
Latitude 38º 35´ 30´´ South, Longitude 140º 44´ 37´´ East;
6
and
7
(d) thence south-westerly along the geodesic to a point of
8
Latitude 38º 40´ 48´´ South, Longitude 140º 40´ 44´´ East;
9
and
10
(e) thence south-westerly along the geodesic to a point of
11
Latitude 44º South, Longitude 136º 29´ East; and
12
(f) thence west along the parallel of Latitude 44º South to its
13
intersection by the meridian of Longitude 129º East; and
14
(g) thence north along that meridian to its intersection by the
15
parallel of Latitude 31º 45´ South; and
16
(h) thence northerly along the geodesic to the intersection of the
17
coastline at mean low water by the boundary between the
18
States of South Australia and Western Australia; and
19
(i) thence along the coastline of the State of South Australia at
20
mean low water to the point of commencement.
21
5 Scheduled area for Western Australia
22
The scheduled area for Western Australia is the area the boundary
23
of which commences at a point that is the intersection of the
24
coastline at mean low water by the boundary between the States of
25
South Australia and Western Australia and runs thence southerly
26
along the geodesic to a point of Latitude 31° 45´ South, Longitude
27
129° East:
28
(a) thence south along the meridian of Longitude 129° East to its
29
intersection by the parallel of Latitude 44° South; and
30
(b) thence west along that parallel to its intersection by the
31
meridian of Longitude 104° East; and
32
(c) thence north along that meridian to its intersection by the
33
parallel of Latitude 14° South; and
34
(d) thence east along that parallel to its intersection by the
35
meridian of Longitude 111° 45´ East; and
36
Schedule 1 Scheduled areas for the States and Territories
Clause 5
442 Offshore Petroleum Bill 2005 No. , 2005
(e) thence north along that meridian to its intersection by the
1
parallel of Latitude 12° 40´ South; and
2
(f) thence east along that parallel to its intersection by the
3
meridian of Longitude 114° 40´ East; and
4
(g) thence south along that meridian to its intersection by the
5
parallel of Latitude 13° 05´ 32´´ South; and
6
(h) thence east along that parallel to its intersection by the
7
meridian of Longitude 118° 10´ 04.3´´ East; and
8
(i) thence northerly along the geodesic to a point of Latitude 12°
9
49´ 59.8´´ South, Longitude 118° 14´ 18´´ East; and
10
(j) thence northerly along the geodesic to a point of Latitude 12°
11
04´ 29.9´´ South, Longitude 118° 06´ 12.6´´ East; and
12
(k) thence northerly along the geodesic to a point of Latitude 12°
13
04´ 13.8´´ South, Longitude 118° 06´ 09.8´´ East; and
14
(l) thence south-easterly along the geodesic to a point of
15
Latitude 12° 04´ 24.0´´ South, Longitude 118° 07´ 39.4´´
16
East; and
17
(m) thence south-easterly along the geodesic to a point of
18
Latitude 12° 06´ 26.0´´ South, Longitude 118° 20´ 40.4´´
19
East; and
20
(n) thence south-easterly along the geodesic to a point of
21
Latitude 12° 07´ 51´´ South, Longitude 118° 25´ 02.4´´ East;
22
and
23
(o) thence south-easterly along the geodesic to a point of
24
Latitude 12° 10´ 11´´ South, Longitude 118° 35´ 11.4´´ East;
25
and
26
(p) thence south-easterly along the geodesic to a point of
27
Latitude 12° 10´ 31´´ South, Longitude 118° 37´ 23.4´´ East;
28
and
29
(q) thence south-easterly along the geodesic to a point of
30
Latitude 12° 11´ 06´´ South, Longitude 118° 38´ 55.4´´ East;
31
and
32
(r) thence south-easterly along the geodesic to a point of
33
Latitude 12° 13´ 17´´ South, Longitude 118° 43´ 04.4´´ East;
34
and
35
(s) thence south-easterly along the geodesic to a point of
36
Latitude 12° 16´ 02´´ South, Longitude 118° 49´ 25.4´´ East;
37
and
38
Scheduled areas for the States and Territories Schedule 1
Clause 5
Offshore Petroleum Bill 2005 No. , 2005 443
(t) thence south-easterly along the geodesic to a point of
1
Latitude 12° 17´ 59´´ South, Longitude 118° 55´ 07.4´´ East;
2
and
3
(u) thence south-easterly along the geodesic to a point of
4
Latitude 12° 18´ 55´´ South, Longitude 118° 58´ 26.4´´ East;
5
and
6
(v) thence south-easterly along the geodesic to a point of
7
Latitude 12° 20´ 00´´ South, Longitude 119° 02´ 35.4´´ East;
8
and
9
(w) thence south-easterly along the geodesic to a point of
10
Latitude 12° 20´ 26´´ South, Longitude 119° 04´ 55.4´´ East;
11
and
12
(x) thence south-easterly along the geodesic to a point of
13
Latitude 12° 21´ 56´´ South, Longitude 119° 08´ 58.4´´ East;
14
and
15
(y) thence south-easterly along the geodesic to a point of
16
Latitude 12° 23´ 47´´ South, Longitude 119° 15´ 18.4´´ East;
17
and
18
(z) thence south-easterly along the geodesic to a point of
19
Latitude 12° 24´ 03´´ South, Longitude 119° 16´ 30.4´´ East;
20
and
21
(za) thence south-easterly along the geodesic to a point of
22
Latitude 12° 25´ 04´´ South, Longitude 119° 20´ 29.4´´ East;
23
and
24
(zb) thence south-easterly along the geodesic to a point of
25
Latitude 12° 25´ 48´´ South, Longitude 119° 21´ 30.4´´ East;
26
and
27
(zc) thence south-easterly along the geodesic to a point of
28
Latitude 12° 29´ 24´´ South, Longitude 119° 27´ 12.4´´ East;
29
and
30
(zd) thence south-easterly along the geodesic to a point of
31
Latitude 12° 32´ 36´´ South, Longitude 119° 33´ 11.4´´ East;
32
and
33
(ze) thence south-easterly along the geodesic to a point of
34
Latitude 12° 35´ 48´´ South, Longitude 119° 40´ 28.4´´ East;
35
and
36
Schedule 1 Scheduled areas for the States and Territories
Clause 5
444 Offshore Petroleum Bill 2005 No. , 2005
(zf) thence south-easterly along the geodesic to a point of
1
Latitude 12° 40´ 38´´ South, Longitude 119° 50´ 23.4´´ East;
2
and
3
(zg) thence south-easterly along the geodesic to a point of
4
Latitude 12° 41´ 41´´ South, Longitude 119° 52´ 33.4´´ East;
5
and
6
(zh) thence south-easterly along the geodesic to a point of
7
Latitude 12° 41´ 51´´ South, Longitude 119° 52´ 52.4´´ East;
8
and
9
(zi) thence south-easterly along the geodesic to a point of
10
Latitude 12° 42´ 02´´ South, Longitude 119° 53´ 13.4´´ East;
11
and
12
(zj) thence south-easterly along the geodesic to a point of
13
Latitude 12° 43´ 51´´ South, Longitude 119° 56´ 08.4´´ East;
14
and
15
(zk) thence south-easterly along the geodesic to a point of
16
Latitude 12° 45´ 43´´ South, Longitude 119° 59´ 10.4´´ East;
17
and
18
(zl) thence south-easterly along the geodesic to a point of
19
Latitude 12° 45´ 52´´ South, Longitude 119° 59´ 26.4´´ East;
20
and
21
(zm) thence south-easterly along the geodesic to a point of
22
Latitude 12° 46´ 32.9´´ South, Longitude 120° 00´ 42.3´´
23
East; and
24
(zn) thence south along the meridian to a point of Latitude 13° 56´
25
36.7´´ South, Longitude 120° 00´ 42.3´´ East; and
26
(zo) thence north-easterly along the geodesic to a point of
27
Latitude 12° 43´ 13.3´´ South, Longitude 121° 49´ 11.3´´
28
East; and
29
(zp) thence south-easterly along the geodesic to a point of
30
Latitude 12° 56´ South, Longitude 122° 06´ East; and
31
(zq) thence south-easterly along the geodesic to a point of
32
Latitude 13° 20´ South, Longitude 122° 41´ East; and
33
(zr) thence east along the geodesic to a point of Latitude 13° 19´
34
30´´ South, Longitude 123° 16´ 45´´ East; and
35
(zs) thence east along the parallel of Latitude 13° 19´ 30´´ South
36
to its intersection by the meridian of Longitude 124° 27´ 45´´
37
East; and
38
Scheduled areas for the States and Territories Schedule 1
Clause 5
Offshore Petroleum Bill 2005 No. , 2005 445
(zt) thence north-easterly along the geodesic to a point of
1
Latitude 13° 13´ 15´´ South, Longitude 124° 36´ 15´´ East;
2
and
3
(zu) thence north-easterly along the geodesic to a point of
4
Latitude 12° 46´ 15´´ South, Longitude 124° 55´ 30´´ East;
5
and
6
(zv) thence north-easterly along the geodesic to a point of
7
Latitude 11° 51´ South, Longitude 125° 27´ 45´´ East; and
8
(zw) thence north-easterly along the geodesic to a point of
9
Latitude 11° 44´ 30´´ South, Longitude 125° 31´ 30´´ East;
10
and
11
(zx) thence north-easterly along the geodesic to a point of
12
Latitude 10° 21´ 30´´ South, Longitude 126° 10´ 30´´ East;
13
and
14
(zy) thence north-easterly along the geodesic to a point of
15
Latitude 10° 13´ South, Longitude 126° 26´ 30´´ East; and
16
(zz) thence north-easterly along the geodesic to a point of
17
Latitude 10° 05´ South, Longitude 126° 47´ 30´´ East; and
18
(zza) thence south-easterly along the geodesic to a point of
19
Latitude 11° 13´ 15´´ South, Longitude 127° 32´ East; and
20
(zzb) thence south-easterly along the geodesic to a point of
21
Latitude 11° 48´ South, Longitude 127° 53´ 45´´ East; and
22
(zzc) thence south-easterly along the geodesic to a point of
23
Latitude 12° 26´ 30´´ South, Longitude 128° 22´ East; and
24
(zzd) thence south-easterly along the geodesic to a point of
25
Latitude 12° 32´ 45´´ South, Longitude 128° 24´ East; and
26
(zze) thence south-easterly along the geodesic to a point of
27
Latitude 12° 55´ 30´´ South, Longitude 128° 28´ East; and
28
(zzf) thence south along the meridian of Longitude 128° 28´ East
29
to its intersection by the parallel of Latitude 13° 15´ 30´´
30
South; and
31
(zzg) thence south-easterly along the geodesic to a point of
32
Latitude 13° 39´ 45´´ South, Longitude 128° 30´ 45´´ East;
33
and
34
(zzh) thence south-easterly along the geodesic to a point of
35
Latitude 13° 49´ 45´´ South, Longitude 128° 33´ 15´´ East;
36
and
37
Schedule 1 Scheduled areas for the States and Territories
Clause 6
446 Offshore Petroleum Bill 2005 No. , 2005
(zzi) thence south-easterly along the geodesic to a point of
1
Latitude 14° South, Longitude 128° 42´ 15´´ East; and
2
(zzj) thence south-easterly along the geodesic to a point of
3
Latitude 14° 19´ 30´´ South, Longitude 128° 53´ East; and
4
(zzk) thence south-easterly along the geodesic to a point of
5
Latitude 14° 32´ 30´´ South, Longitude 129° 01´ 15´´ East;
6
and
7
(zzl) thence southerly along the geodesic to a point of Latitude 14°
8
37´ 30´´ South, Longitude 129° 01´ 45´´ East; and
9
(zzm) thence southerly along the geodesic to the intersection of the
10
coastline at mean low water by the boundary between the
11
Northern Territory of Australia and the State of Western
12
Australia; and
13
(zzn) thence along the coastline of the State of Western Australia at
14
mean low water to the point of commencement.
15
6 Scheduled area for Tasmania
16
(1) The scheduled area for Tasmania is so much of the pre-treaty area
17
for Tasmania as does not consist of the excised area for Tasmania.
18
Note 1:
For pre-treaty area, see subclause (2).
19
Note 2:
For excised area, see subclause (3).
20
Note 3:
For interpretation of references in other laws to areas described in this
21
Schedule, see clause 9.
22
Pre-treaty area
23
(2) The pre-treaty area for Tasmania is the area the boundary of which
24
commences at a point of Latitude 39º 12´ South, Longitude 142º
25
30´ East and runs thence east along the parallel of Latitude 39º 12´
26
South to its intersection by the meridian of Longitude 150º East:
27
(a) thence south-easterly along the geodesic to a point of
28
Latitude 41º 30´ South, Longitude 158º 13´ East; and
29
(b) thence south-westerly along the geodesic to a point of
30
Latitude 46º South, Longitude 155º 24´ East; and
31
(c) thence south-easterly along the geodesic to a point of
32
Latitude 51º 09´ South, Longitude 160º 39´ East; and
33
Scheduled areas for the States and Territories Schedule 1
Clause 6
Offshore Petroleum Bill 2005 No. , 2005 447
(d) thence south-easterly along the geodesic to a point of
1
Latitude 51º 12´ South, Longitude 160º 42´ East; and
2
(e) thence south-easterly along the geodesic to a point of
3
Latitude 52º 15´ South, Longitude 162º 04´ East; and
4
(f) thence south-easterly along the geodesic to a point of
5
Latitude 52º 26´ South, Longitude 162º 19´ East; and
6
(g) thence south-easterly along the geodesic to a point of
7
Latitude 53º 43´ South, Longitude 164º 05´ East; and
8
(h) thence south-easterly along the geodesic to a point of
9
Latitude 53º 50´ South, Longitude 164º 16´ East; and
10
(i) thence south-easterly along the geodesic to a point of
11
Latitude 54º 01´ South, Longitude 164º 21´ East; and
12
(j) thence south-easterly along the geodesic to a point of
13
Latitude 54º 21´ South, Longitude 164º 32´ East; and
14
(k) thence south-easterly along the geodesic to a point of
15
Latitude 54º 42´ South, Longitude 164º 43´ East; and
16
(l) thence south along the meridian of Longitude 164º 43´ East
17
to its intersection by the parallel of Latitude 54º 43´ South;
18
and
19
(m) thence south-easterly along the geodesic to a point of
20
Latitude 58º 30´ South, Longitude 170º East; and
21
(n) thence south-westerly along the geodesic to a point of
22
Latitude 62º 30´ South, Longitude 160º East; and
23
(o) thence north-westerly along the geodesic to a point of
24
Latitude 44º South, Longitude 136º 29´ East; and
25
(p) thence north-easterly along the geodesic to a point of
26
Latitude 39º 50´ South, Longitude 142º East; and
27
(q) thence north-easterly along the geodesic to the point of
28
commencement.
29
Excised area
30
(3) The excised area for Tasmania is the area the boundary of which
31
commences at the point described in paragraph (2)(b) of this clause
32
and runs:
33
(a) thence south-easterly along the geodesic to the point
34
described in Article 3 of the New Zealand boundary treaty as
35
Point ANZ 30; and
36
Schedule 1 Scheduled areas for the States and Territories
Clause 7
448 Offshore Petroleum Bill 2005 No. , 2005
(b) thence along the line described in Article 3 of the New
1
Zealand boundary treaty to the point described in the treaty
2
as Point ANZ 54; and
3
(c) thence south-easterly along the geodesic to the point
4
described in paragraph (2)(m) of this clause; and
5
(d) thence generally north-westerly along the boundary of the
6
pre-treaty area for Tasmania to the point of commencement.
7
7 Scheduled area for the Northern Territory
8
The scheduled area for the Northern Territory is the area the
9
boundary of which commences at a point that is the intersection of
10
the coastline at mean low water by the boundary between the
11
Northern Territory of Australia and the State of Western Australia
12
and runs thence northerly along the geodesic to a point of Latitude
13
14º 37´ 30´´ South, Longitude 129º 01´ 45´´ East:
14
(a) thence northerly along the geodesic to a point of Latitude 14º
15
32´ 30´´ South, Longitude 129º 01´ 15´´ East; and
16
(b) thence north-westerly along the geodesic to a point of
17
Latitude 14º 19´ 30´´ South, Longitude 128º 53´ East; and
18
(c) thence north-westerly along the geodesic to a point of
19
Latitude 14º South, Longitude 128º 42´ 15´´ East; and
20
(d) thence north-westerly along the geodesic to a point of
21
Latitude 13º 49´ 45´´ South, Longitude 128º 33´ 15´´ East;
22
and
23
(e) thence north-westerly along the geodesic to a point of
24
Latitude 13º 39´ 45´´ South, Longitude 128º 30´ 45´´ East;
25
and
26
(f) thence north-westerly along the geodesic to a point of
27
Latitude 13º 15´ 30´´ South, Longitude 128º 28´ East; and
28
(g) thence north along the meridian of Longitude 128º 28´ East
29
to its intersection by the parallel of Latitude 12º 55´ 30´´
30
South; and
31
(h) thence north-westerly along the geodesic to a point of
32
Latitude 12º 32´ 45´´ South, Longitude 128º 24´ East; and
33
(i) thence north-westerly along the geodesic to a point of
34
Latitude 12º 26´ 30´´ South, Longitude 128º 22´ East; and
35
Scheduled areas for the States and Territories Schedule 1
Clause 7
Offshore Petroleum Bill 2005 No. , 2005 449
(j) thence north-westerly along the geodesic to a point of
1
Latitude 11º 48´ South, Longitude 127º 53´ 45´´ East; and
2
(k) thence north-westerly along the geodesic to a point of
3
Latitude 11º 13´ 15´´ South, Longitude 127º 32´ East; and
4
(l) thence north-westerly along the geodesic to a point of
5
Latitude 10º 05´ South, Longitude 126º 47´ 30´´ East; and
6
(m) thence north-easterly along the geodesic to a point of
7
Latitude 9º 53´ 45´´ South, Longitude 127º 18´ 30´´ East; and
8
(n) thence north-easterly along the geodesic to a point of
9
Latitude 9º 28´ South, Longitude 127º 56´ East; and
10
(o) thence north-easterly along the rhumb line to a point of
11
Latitude 9º 25´ South, Longitude 128º East; and
12
(p) thence easterly along the rhumb line which is on the parallel
13
of Latitude 9º 25´ South to its intersection by the meridian of
14
Longitude 130º 10´ East; and
15
(q) thence north-easterly along the rhumb line to a point of
16
Latitude 8º 54´ South, Longitude 133º 14´ East; and
17
(r) thence north-easterly along the rhumb line to a point of
18
Latitude 8º 53´ South, Longitude 133º 23´ East; and
19
(s) thence south-easterly along the rhumb line to a point of
20
Latitude 9º 25´ South, Longitude 134º 50´ East; and
21
(t) thence north-easterly along the rhumb line to a point of
22
Latitude 9º 22´ South, Longitude 135º 03´ East; and
23
(u) thence north-easterly along the rhumb line to a point of
24
Latitude 9º 17´ South, Longitude 135º 13´ East; and
25
(v) thence north-easterly along the rhumb line to a point of
26
Latitude 9º 08´ South, Longitude 135º 29´ East; and
27
(w) thence south-easterly along the rhumb line to a point of
28
Latitude 9º 57´ South, Longitude 137º 45´ East; and
29
(x) thence south-easterly along the rhumb line to a point of
30
Latitude 10º 09´ South, Longitude 138º 13´ East; and
31
(y) thence south-easterly along the rhumb line to a point of
32
Latitude 10º 22´ South, Longitude 138º 35´ East; and
33
(z) thence south-easterly along the rhumb line to a point of
34
Latitude 10º 24´ South, Longitude 138º 38´ East; and
35
(za) thence south-easterly along the rhumb line to a point of
36
Latitude 10º 50´ South, Longitude 139º 12´ East; and
37
Schedule 1 Scheduled areas for the States and Territories
Clause 8
450 Offshore Petroleum Bill 2005 No. , 2005
(zb) thence south-easterly along the geodesic to a point of
1
Latitude 10º 51´ South, Longitude 139º 12´ 30´´ East; and
2
(zc) thence south-easterly along the geodesic to a point of
3
Latitude 11º South, Longitude 139º 15´ East; and
4
(zd) thence south along the meridian of Longitude 139º 15´ East
5
to its intersection by the parallel of Latitude 14º 30´ South;
6
and
7
(ze) thence west along that parallel to its intersection by the
8
meridian of Longitude 138º 30´ East; and
9
(zf) thence south along that meridian to its intersection by the
10
parallel of Latitude 15º 55´ South; and
11
(zg) thence south-westerly along the geodesic to the intersection
12
of the coastline at mean low water by the boundary between
13
the Northern Territory of Australia and the State of
14
Queensland; and
15
(zh) thence along the coastline of the Northern Territory of
16
Australia at mean low water to the point of commencement.
17
8 Scheduled area for the Territory of Ashmore and Cartier Islands
18
The scheduled area for the Territory of Ashmore and Cartier
19
Islands is the area the boundary of which commences at a point of
20
Latitude 12° 43´ 13.3´´ South, Longitude 121° 49´ 11.3´´ East and
21
runs thence north-easterly along the geodesic to a point of Latitude
22
12° 14´ 30.9´´ South, Longitude 122° 31´ 02.1´´ East:
23
(a) thence northerly along the arc of a circle drawn concave to
24
Ashmore Islands with a radius of twenty-four nautical miles
25
to a point of Latitude 12° 06´ 49.7´´ South, Longitude 122°
26
32´ 19.6´´ East; and
27
(b) thence generally northerly, north-easterly, easterly, and
28
south-easterly along a series of intersecting circular arcs
29
drawn concave to Ashmore Islands with a radius of
30
twenty-four nautical miles and having the vertices set out in
31
the table:
32
33
Vertices
Item
South latitude
East longitude
1
12° 03´ 17.3´´
122° 33´ 51.3´´
Scheduled areas for the States and Territories Schedule 1
Clause 8
Offshore Petroleum Bill 2005 No. , 2005 451
Vertices
Item
South latitude
East longitude
2
12° 02´ 10.1´´
122° 34´ 29.3´´
3
12° 00´ 46.5´´
122° 35´ 23.4´´
4
11° 55´ 51.8´´
122° 39´ 56´´
5
11° 55´ 01.4´´
122° 40´ 59.8´´
6
11° 52´ 58.5´´
122° 44´ 12.3´´
7
11° 51´ 58.4´´
122° 46´ 16.7´´
8
11° 51´ 27.5´´
122° 47´ 34.4´´
9
11° 51´ 18´´
122° 48´ 00.6´´
10
11° 50´ 53.2´´
122° 49´ 15.4´´
11
11° 50´ 05.7´´
122° 50´ 30´´
12
11° 48´ 37.2´´
122° 53´ 20.2´´
13
11° 47´ 36.1´´
122° 56´ 03.7´´
14
11° 47´ 12.5´´
122° 57´ 28´´
15
11° 46´ 49.3´´
122° 59´ 18.4´´
16
11° 46´ 36.9´´
123° 00´ 45.2´´
17
11° 46´ 30.8´´
123° 05´ 23.4´´
18
11° 47´ 30.7´´
123° 10´ 58.4´´
19
11° 47´ 44´´
123° 12´ 00.7´´
20
11° 47´ 45.4´´
123° 12´ 08.2´´
21
11° 48´ 04.4´´
123° 13´ 33.6´´
(c) thence south-easterly along the arc of a circle drawn concave
1
to Ashmore Islands with a radius of twenty-four nautical
2
miles to a point of Latitude 11° 48´ 11.2´´ South, Longitude
3
123° 14´ 00´´ East; and
4
(d) thence north along the meridian to its intersection by the
5
parallel of Latitude 11° 35´ South; and
6
(e) thence north-easterly along the rhumb line to a point of
7
Latitude 11° 23´ South, Longitude 123° 26´ East; and
8
(f) thence south-easterly along the rhumb line to a point of
9
Latitude 11° 28´ South, Longitude 123° 40´ East; and
10
(g) thence north-easterly along the rhumb line to a point of
11
Latitude 11° 26´ South, Longitude 124° East; and
12
Schedule 1 Scheduled areas for the States and Territories
Clause 8
452 Offshore Petroleum Bill 2005 No. , 2005
(h) thence north-easterly along the rhumb line to a point of
1
Latitude 11° 25´ South, Longitude 124° 10´ East; and
2
(i) thence north-easterly along the rhumb line to a point of
3
Latitude 11° 07´ South, Longitude 124° 34´ East; and
4
(j) thence north-easterly along the rhumb line to a point of
5
Latitude 11° 01´ South, Longitude 125° 19´ East; and
6
(k) thence north-easterly along the rhumb line to a point of
7
Latitude 10° 37´ South, Longitude 125° 41´ East; and
8
(l) thence north-easterly along the rhumb line to a point of
9
Latitude 10° 28´ South, Longitude 126° East; and
10
(m) thence north-easterly along the geodesic to a point of
11
Latitude 10° 21´ 30´´ South, Longitude 126° 10´ 30´´ East;
12
and
13
(n) thence south-westerly along the geodesic to a point of
14
Latitude 11° 44´ 30´´ South, Longitude 125° 31´ 30´´ East;
15
and
16
(o) thence south-westerly along the geodesic to a point of
17
Latitude 11° 51´ South, Longitude 125° 27´ 45´´ East; and
18
(p) thence south-westerly along the geodesic to a point of
19
Latitude 12° 46´ 15´´ South, Longitude 124° 55´ 30´´ East;
20
and
21
(q) thence south-westerly along the geodesic to a point of
22
Latitude 13° 13´ 15´´ South, Longitude 124° 36´ 15´´ East;
23
and
24
(r) thence south-westerly along the geodesic to a point of
25
Latitude 13° 19´ 30´´ South, Longitude 124° 27´ 45´´ East;
26
and
27
(s) thence west along the parallel of Latitude 13° 19´ 30´´ South
28
to its intersection by the meridian of Longitude 123° 16´ 45´´
29
East; and
30
(t) thence westerly along the geodesic to a point of Latitude 13°
31
20´ South, Longitude 122° 41´ East; and
32
(u) thence north-westerly along the geodesic to a point of
33
Latitude 12° 56´ South, Longitude 122° 06´ East; and
34
(v) thence north-westerly along the geodesic to the point of
35
commencement.
36
Scheduled areas for the States and Territories Schedule 1
Clause 9
Offshore Petroleum Bill 2005 No. , 2005 453
9 References to this Schedule in other laws
1
(1) A reference in a law of the Commonwealth (other than this Act) to:
2
(a) the area described in this Schedule in relation to a State or
3
Territory; and
4
(b) the area described in this Schedule that refers to a State or
5
Territory; and
6
(c) the area described in this Schedule under the heading that
7
refers to a State or Territory; and
8
(d) the area:
9
(i) off the coast of a State or Territory; and
10
(ii) that is described in this Schedule;
11
(whether or not the State or Territory is specified in that law) is a
12
reference to the scheduled area for that State or Territory.
13
(2) A reference in a law of the Commonwealth (other than this Act) to
14
the areas described in this Schedule is a reference to the scheduled
15
areas for the States and Territories.
16
(3) A reference in a law of the Commonwealth (other than this Act) to
17
an area adjacent to Australia as described in this Schedule is a
18
reference to a scheduled area for a State or Territory.
19
Schedule 2 Area that includes the area to be avoided
Clause 1
454 Offshore Petroleum Bill 2005 No. , 2005
1
Schedule 2--Area that includes the area to be
2
avoided
3
Note:
See section 326 (for datum, see section 22).
4
5
6
1 Area that includes the area to be avoided
7
This Schedule applies to the area the boundary of which
8
commences at the most easterly intersection of the coastline of the
9
State of Victoria at mean low water by the parallel of Latitude 38º
10
15´ South and runs thence south-easterly along the geodesic to the
11
point of Latitude 38º 35´ South, Longitude 147º 44´ East:
12
(a) thence south-easterly along the geodesic to the point of
13
Latitude 38º 41´ South, Longitude 148º 06´ East; and
14
(b) thence east along the parallel of Latitude 38º 41´ South to its
15
intersection by the meridian of Longitude 148º 13´ East; and
16
(c) thence north-easterly along the geodesic to the point of
17
Latitude 38º 32´ South, Longitude 148º 26´ East; and
18
(d) thence north-easterly along the geodesic to the point of
19
Latitude 38º 19´ South, Longitude 148º 35´ East; and
20
(e) thence north-westerly along the geodesic to the point of
21
Latitude 38º 08´ South, Longitude 148º 31´ East; and
22
(f) thence north-westerly along the geodesic to the point of
23
Latitude 38º 05´ South, Longitude 148º 24´ East; and
24
(g) thence north-westerly along the geodesic to the intersection
25
of the coastline of the State of Victoria at mean low water by
26
the parallel of Latitude 37º 58´ South; and
27
(h) thence along the coastline of the State of Victoria at mean
28
low water to the point of commencement.
29
Occupational health and safety Schedule 3
Introduction Part 1
Clause 1
Offshore Petroleum Bill 2005 No. , 2005 455
1
Schedule 3--Occupational health and safety
2
Note:
See section 347.
3
Part 1--Introduction
4
5
1 Objects
6
The objects of this Schedule are, in relation to facilities located in
7
Commonwealth waters:
8
(a) to secure the health, safety and welfare of persons at or near
9
those facilities; and
10
(b) to protect persons at or near those facilities from risks to
11
health and safety arising out of activities being conducted at
12
those facilities; and
13
(c) to ensure that expert advice is available on occupational
14
health and safety matters in relation to those facilities; and
15
(d) to promote an occupational environment for members of the
16
workforce at such facilities that is adapted to their needs
17
relating to health and safety; and
18
(e) to foster a consultative relationship between all relevant
19
persons concerning the health, safety and welfare of members
20
of the workforce at those facilities.
21
2 Simplified outline
22
The following is a simplified outline of this Schedule:
23
·
This Schedule sets up a scheme to regulate occupational
24
health and safety matters at or near facilities located in
25
Commonwealth waters.
26
·
Occupational health and safety duties are imposed on the
27
following:
28
(a)
the operator of a facility;
29
Schedule 3 Occupational health and safety
Part 1 Introduction
Clause 2
456 Offshore Petroleum Bill 2005 No. , 2005
(b)
a person in control of a part of a facility, or of any
1
work carried out at a facility;
2
(c)
an employer;
3
(d)
a manufacturer of plant, or a substance, for use at a
4
facility;
5
(e)
a supplier of a facility, or of any plant or substance
6
for use at a facility;
7
(f)
a person who erects or installs a facility, or any
8
plant at a facility;
9
(g)
a person at a facility.
10
·
A group of members of the workforce at a facility may be
11
established as a designated work group.
12
·
The members of a designated work group may select a health
13
and safety representative for that designated work group.
14
·
The health and safety representative may exercise certain
15
powers for the purpose of promoting or ensuring the health
16
and safety of the group members.
17
·
An OHS inspector may conduct an inspection:
18
(a)
to ascertain whether a listed OHS law is being
19
complied with; or
20
(b)
concerning a contravention or a possible
21
contravention of a listed OHS law; or
22
(c)
concerning an accident or dangerous occurrence
23
that has happened at or near a facility.
24
·
The operator of a facility must report accidents and dangerous
25
occurrences to the Safety Authority.
26
Occupational health and safety Schedule 3
Introduction Part 1
Clause 3
Offshore Petroleum Bill 2005 No. , 2005 457
3 Definitions
1
In this Schedule, unless the contrary intention appears:
2
accident includes the contraction of a disease.
3
associated offshore place, in relation to a facility, means any
4
offshore place near the facility where activities (including diving
5
activities) relating to the construction, installation, operation,
6
maintenance or decommissioning of the facility take place, but
7
does not include:
8
(a) another facility; or
9
(b) a supply vessel, offtake tanker, anchor handler or tugboat; or
10
(c) a vessel, or structure, that is declared by the regulations not
11
to be an associated offshore place.
12
Commonwealth waters has the same meaning as in Part 4.8 of this
13
Act.
14
contract includes an arrangement or understanding.
15
contractor has the meaning given by clause 8.
16
contravention, if the contravention is an offence, includes an
17
offence against:
18
(a) section 6 of the Crimes Act 1914; or
19
(b) section 11.1, 11.4 or 11.5 of the Criminal Code;
20
that relates to the first-mentioned offence.
21
dangerous occurrence means an occurrence declared by the
22
regulations to be a dangerous occurrence for the purposes of this
23
definition.
24
data includes:
25
(a) information in any form; and
26
(b) any program (or part of a program).
27
data held in a computer includes:
28
(a) data held in any removable data storage device for the time
29
being held in a computer; and
30
Schedule 3 Occupational health and safety
Part 1 Introduction
Clause 3
458 Offshore Petroleum Bill 2005 No. , 2005
(b) data held in a data storage device on a computer network of
1
which the computer forms a part.
2
data storage device means a thing containing, or designed to
3
contain, data for use by a computer.
4
designated work group means:
5
(a) a group of members of the workforce at a facility that is
6
established as a designated work group under clause 19 or
7
20; or
8
(b) that group as varied in accordance with clause 21 or 22.
9
employee, in relation to an employer, means an employee of that
10
employer.
11
employer means an employer who carries on an activity at a
12
facility.
13
enter, when used in relation to a vessel, includes board.
14
facility means a facility as defined by clause 4, and:
15
(a) includes a facility (as defined by clause 4) that is being
16
constructed or installed; and
17
(b) except in the definition of associated offshore place,
18
includes an associated offshore place in relation to a facility
19
(as defined by clause 4).
20
group member, in relation to a designated work group at a facility,
21
means a person who is:
22
(a) a member of the workforce at that facility; and
23
(b) included in that designated work group.
24
improvement notice means an improvement notice issued under
25
subclause 78(1).
26
inspection means an inspection conducted under Part 4 of this
27
Schedule. For this purpose, an inspection may include an
28
investigation or inquiry, but need not include a physical inspection
29
of any facility, premises or other thing.
30
master, in relation to a vessel, means the person having command
31
or charge of the vessel.
32
Occupational health and safety Schedule 3
Introduction Part 1
Clause 3
Offshore Petroleum Bill 2005 No. , 2005 459
member of the workforce, in relation to a facility, means an
1
individual who does work at the facility:
2
(a) whether as an employee of the operator of the facility or of
3
another person; or
4
(b) whether as a contractor of the operator or of another person.
5
offence against a listed OHS law includes an offence against
6
section 6 of the Crimes Act 1914 that relates to an offence against a
7
listed OHS law.
8
Note:
For other ancillary offences, see section 11.6 of the Criminal Code.
9
offshore petroleum operations has the same meaning as in Part 4.8
10
of this Act.
11
OHS inspector means an OHS inspector appointed under
12
section 390.
13
operator, in relation to a facility or proposed facility, has the
14
meaning given by clause 5.
15
operator's representative at a facility means a person present at
16
the facility in compliance with the obligations imposed on the
17
operator by clause 6.
18
own includes own jointly or own in part.
19
plant includes any machinery, equipment or tool, or any
20
component.
21
premises includes the following:
22
(a) a structure or building;
23
(b) a place (whether or not enclosed or built on);
24
(c) a part of a thing referred to in paragraph (a) or (b).
25
prohibition notice means a prohibition notice issued under
26
subclause 77(1).
27
proposed facility means a facility proposed to be constructed,
28
installed or operated.
29
recovery, in relation to petroleum, includes all processes directly or
30
indirectly associated with its recovery. This definition does not, by
31
Schedule 3 Occupational health and safety
Part 1 Introduction
Clause 3
460 Offshore Petroleum Bill 2005 No. , 2005
implication, limit the meaning of the expression recovery when
1
used in a provision of this Act other than this Schedule.
2
registered organisation means an organisation within the meaning
3
of the Workplace Relations Act 1996.
4
regulated business premises means:
5
(a) a facility; or
6
(b) premises that are:
7
(i) occupied by a person who is the operator of a facility;
8
and
9
(ii) used, or proposed to be used, wholly or principally in
10
connection with offshore petroleum operations.
11
regulations means regulations made for the purposes of this
12
Schedule.
13
reviewing authority means the Australian Industrial Relations
14
Commission.
15
work means work offshore that is directly or indirectly related to
16
the construction, installation, operation, maintenance or
17
decommissioning of a facility.
18
workforce representative means:
19
(a) in relation to a person who is a member of the workforce at a
20
facility--a registered organisation of which that person is a
21
member, if the person is qualified to be a member of that
22
organisation because of the work the person performs at the
23
facility; or
24
(b) in relation to a designated work group or a proposed
25
designated work group--a registered organisation of which a
26
person who is, or who is likely to be, in the work group is a
27
member, if the person is qualified to be a member of that
28
organisation because of the work the person performs, or will
29
perform, at a facility as a member of the group.
30
work group employer, in relation to a designated work group at a
31
facility, means an employer of one or more group members, but
32
does not include the operator of the facility.
33
Occupational health and safety Schedule 3
Introduction Part 1
Clause 4
Offshore Petroleum Bill 2005 No. , 2005 461
workplace, in relation to a facility, means the whole facility or any
1
part of the facility.
2
4 Facilities
3
Vessels or structures that are facilities
4
(1) A vessel or structure is taken to be a facility for the purposes of this
5
Schedule while that vessel or structure:
6
(a) is located at a site in Commonwealth waters; and
7
(b) is being used, or prepared for use, at that site:
8
(i) for the recovery of petroleum, for the processing of
9
petroleum, or for the storage and offloading of
10
petroleum, or for any combination of those activities; or
11
(ii) for the provision of accommodation for persons
12
working on another facility, whether connected by a
13
walkway to that other facility or not; or
14
(iii) for drilling or servicing a well for petroleum or doing
15
work associated with the drilling or servicing process;
16
or
17
(iv) for laying pipes for petroleum, including any
18
manufacturing of such pipes, or for doing work on an
19
existing pipe; or
20
(v) for the erection, dismantling or decommissioning of a
21
vessel or structure referred to in a previous
22
subparagraph of this paragraph; or
23
(vi) for any other purpose related to offshore petroleum
24
operations that is prescribed for the purposes of this
25
subparagraph.
26
(2) Subclause (1) applies to a vessel or structure:
27
(a) whether it is floating or fixed; and
28
(b) whether or not it is capable of independent navigation.
29
(3) Subclause (1) has effect subject to subclauses (6) and (7).
30
(4) A vessel or structure used for a purpose referred to in
31
subparagraph (1)(b)(i) includes:
32
Schedule 3 Occupational health and safety
Part 1 Introduction
Clause 4
462 Offshore Petroleum Bill 2005 No. , 2005
(a) any wells and associated plant and equipment by means of
1
which petroleum processed or stored at the vessel or structure
2
is recovered; and
3
(b) any pipe or system of pipes through which petroleum is
4
conveyed from a well to the vessel or structure; and
5
(c) any secondary line associated with the vessel or structure.
6
(5) For the purposes of subclause (1), a vessel or structure that is
7
located offshore for the purpose of laying pipes as described in
8
subparagraph (1)(b)(iv) is taken to be located at a site, despite the
9
fact that the vessel or structure moves as the pipe laying process
10
proceeds.
11
Vessels or structures that are not facilities
12
(6) Despite subclause (1), a vessel or structure is taken not to be a
13
facility for the purposes of this Schedule if the vessel or structure
14
is:
15
(a) an offtake tanker; or
16
(b) a tug or an anchor handler; or
17
(c) a vessel or structure used for supplying a facility or otherwise
18
travelling between a facility and the shore; or
19
(d) a vessel or structure used for any purpose such that it is
20
declared by the regulations not to be a facility.
21
Use for a particular purpose
22
(7) In determining when a vessel or structure that has the potential to
23
be used for one or more of the purposes referred to in
24
paragraph (1)(b) is in fact being so used, the vessel or structure is
25
taken:
26
(a) to commence to be so used only at the time when it arrives at
27
the site where it is to be so used and any activities necessary
28
to make it operational at that site are begun; and
29
(b) to cease to be so used when operations cease, and the vessel
30
or structure has been returned either to a navigable form or to
31
a form in which it can be towed to another place.
32
Occupational health and safety Schedule 3
Introduction Part 1
Clause 5
Offshore Petroleum Bill 2005 No. , 2005 463
Pipelines that are facilities
1
(8) Each of the following is taken to be a facility for the purposes of
2
this Schedule:
3
(a) a pipeline subject to a pipeline licence;
4
(b) if a pipeline subject to a pipeline licence conveys petroleum
5
recovered from a well without the petroleum having passed
6
through another facility--that pipeline, together with:
7
(i) that well and associated plant and equipment; and
8
(ii) any pipe or system of pipes through which petroleum is
9
conveyed from that well to that pipeline.
10
(9) In paragraph (8)(b):
11
facility does not include a pipeline.
12
5 Operator of a facility or proposed facility
13
(1) For the purposes of this Schedule, the operator, in relation to a
14
facility or proposed facility, is the person who, under the
15
regulations, is registered by the Safety Authority as the operator of
16
that facility or proposed facility.
17
(2) The regulations may authorise the Safety Authority to cancel the
18
registration of a person as the operator of a facility or proposed
19
facility.
20
6 Operator must ensure presence of operator's representative
21
(1) The operator of a facility must ensure that, at all times when one or
22
more individuals are present at a facility, there is also present an
23
individual (the operator's representative at the facility) who has
24
day-to-day management and control of operations at the facility.
25
(2) The operator of a facility must take all reasonably practicable steps
26
to ensure that the name of the operator's representative at the
27
facility is displayed in a prominent place at the facility.
28
(3) A person commits an offence if:
29
(a) the person is subject to a requirement under subclause (1) or
30
(2); and
31
Schedule 3 Occupational health and safety
Part 1 Introduction
Clause 7
464 Offshore Petroleum Bill 2005 No. , 2005
(b) the person omits to do an act; and
1
(c) the omission breaches the requirement.
2
Penalty: 50 penalty units.
3
(4) An offence against subclause (3) is an offence of strict liability.
4
Note:
For strict liability, see section 6.1 of the Criminal Code.
5
(5) Subclause (1) does not imply that, if the operator is an individual,
6
the operator's representative at the facility may not be, from time
7
to time, the operator.
8
7 Health and safety of persons using an accommodation facility
9
For the avoidance of doubt, a reference in this Schedule to the
10
occupational health and safety of a person includes a reference to
11
the health and safety of a person using an accommodation facility
12
provided for the accommodation of persons working on another
13
facility.
14
8 Contractor
15
For the purposes of this Schedule, if an individual does work at a
16
facility under a contract for services between:
17
(a) a person (the relevant person); and
18
(b) either:
19
(i) the individual; or
20
(ii) the employer of the individual;
21
the individual is taken to be a contractor of the relevant person.
22
Occupational health and safety Schedule 3
Occupational health and safety Part 2
Duties relating to occupational health and safety Division 1
Clause 9
Offshore Petroleum Bill 2005 No. , 2005 465
1
Part 2--Occupational health and safety
2
Division 1--Duties relating to occupational health and
3
safety
4
9 Duties of operator
5
General duties
6
(1) The operator of a facility must take all reasonably practicable steps
7
to ensure that:
8
(a) the facility is safe and without risk to the health of any person
9
at or near the facility; and
10
(b) all work and other activities carried out on the facility are
11
carried out in a manner that is safe and without risk to the
12
health of any person at or near the facility.
13
Note:
See also clause 16.
14
Specific duties
15
(2) The operator of a facility is taken to be subject, under
16
subclause (1), to each of the following requirements:
17
(a) to take all reasonably practicable steps to provide and
18
maintain a physical environment at the facility that is safe
19
and without risk to health;
20
(b) to take all reasonably practicable steps to provide and
21
maintain adequate facilities for the welfare of all members of
22
the workforce at the facility;
23
(c) to take all reasonably practicable steps to ensure that any
24
plant, equipment, materials and substances at the facility are
25
safe and without risk to health;
26
(d) to take all reasonably practicable steps to implement and
27
maintain systems of work at the facility that are safe and
28
without risk to health;
29
Schedule 3 Occupational health and safety
Part 2 Occupational health and safety
Division 1 Duties relating to occupational health and safety
Clause 9
466 Offshore Petroleum Bill 2005 No. , 2005
(e) to take all reasonably practicable steps to implement and
1
maintain appropriate procedures and equipment for the
2
control of, and response to, emergencies at the facility;
3
(f) to take all reasonably practicable steps to provide all
4
members of the workforce, in appropriate languages, with the
5
information, instruction, training and supervision necessary
6
for them to carry out their activities in a manner that does not
7
adversely affect the health and safety of persons at the
8
facility;
9
(g) to take all reasonably practicable steps to monitor the health
10
and safety of all members of the workforce and keep records
11
of that monitoring;
12
(h) to take all reasonably practicable steps to provide appropriate
13
medical and first aid services at the facility;
14
(i) to take all reasonably practicable steps to develop, in
15
consultation with:
16
(i) members of the workforce; and
17
(ii) if a member of the workforce at the facility has
18
requested a workforce representative in relation to the
19
member to be involved in those consultations--that
20
workforce representative;
21
a policy, relating to occupational health and safety, that:
22
(iii) will enable the operator and the members of the
23
workforce to cooperate effectively in promoting and
24
developing measures to ensure the occupational health
25
and safety of persons at the facility; and
26
(iv) will provide adequate mechanisms for reviewing the
27
effectiveness of the measures; and
28
(v) provides for the making of an agreement that complies
29
with subclauses (5) and (6).
30
(3) Subclause (2) does not limit subclause (1).
31
Offence
32
(4) A person commits an offence if:
33
(a) the person is subject to a requirement under subclause (1);
34
and
35
(b) the person omits to do an act; and
36
Occupational health and safety Schedule 3
Occupational health and safety Part 2
Duties relating to occupational health and safety Division 1
Clause 10
Offshore Petroleum Bill 2005 No. , 2005 467
(c) the omission breaches the requirement.
1
Penalty: 1,000 penalty units.
2
Agreement
3
(5) The agreement referred to in subparagraph (2)(i)(v) must be
4
between:
5
(a) on the one hand--the operator; and
6
(b) on the other hand:
7
(i) the members of the workforce; and
8
(ii) if a member of the workforce at the facility has
9
requested a workforce representative in relation to the
10
member to be a party to that agreement--that workforce
11
representative.
12
(6) The agreement referred to in subparagraph (2)(i)(v) must provide
13
appropriate mechanisms for continuing consultation between:
14
(a) on the one hand--the operator; and
15
(b) on the other hand:
16
(i) the members of the workforce; and
17
(ii) if a member of the workforce at the facility has
18
requested a workforce representative in relation to the
19
member to be involved in consultations on a particular
20
occasion--that workforce representative.
21
The agreement must provide for such other matters (if any) as are
22
agreed between the parties to the agreement.
23
10 Duties of persons in control of parts of facility or particular work
24
General duties
25
(1) A person who is in control of any part of a facility, or of any
26
particular work carried out at a facility, must take all reasonably
27
practicable steps to ensure that:
28
(a) that part of the facility, or the place where that work is
29
carried out, is safe and without risk to health; and
30
(b) if the person is in control of particular work--the work is
31
carried out in a manner that is safe and without risk to health.
32
Schedule 3 Occupational health and safety
Part 2 Occupational health and safety
Division 1 Duties relating to occupational health and safety
Clause 10
468 Offshore Petroleum Bill 2005 No. , 2005
Note:
See also clause 16.
1
Specific duties
2
(2) A person who is in control of any part of a facility, or of any
3
particular work carried out at a facility, is taken to be subject,
4
under subclause (1), to each of the following requirements:
5
(a) to take all reasonably practicable steps to ensure that the
6
physical environment at that part of the facility, or at the
7
place where the work is carried out, is safe and without risk
8
to health;
9
(b) to take all reasonably practicable steps to ensure that any
10
plant, equipment, materials and substances at or near that part
11
of the facility or that place, or used in that work, are safe and
12
without risk to health;
13
(c) to take all reasonably practicable steps to implement and
14
maintain systems of work at that part of the facility, or in
15
carrying out work at that place, that are safe and without risk
16
to health;
17
(d) to take all reasonably practicable steps to ensure a means of
18
access to, and egress from, that part of the facility or that
19
place that is safe and without risk to health;
20
(e) to take all reasonably practicable steps to provide all
21
members of the workforce located at that part of the facility
22
or engaged on that work, in appropriate languages, with the
23
information, instruction, training and supervision necessary
24
for them to carry out their work in a manner that is safe and
25
without risk to health.
26
(3) Subclause (2) does not limit subclause (1).
27
Offence
28
(4) A person commits an offence if:
29
(a) the person is subject to a requirement under subclause (1);
30
and
31
(b) the person omits to do an act; and
32
(c) the omission breaches the requirement.
33
Penalty for contravention of this subclause: 1,000 penalty units.
34
Occupational health and safety Schedule 3
Occupational health and safety Part 2
Duties relating to occupational health and safety Division 1
Clause 11
Offshore Petroleum Bill 2005 No. , 2005 469
11 Duties of employers
1
General duties in relation to employees
2
(1) An employer must take all reasonably practicable steps to protect
3
the health and safety of employees at a facility.
4
Note:
See also clause 16.
5
Specific duties in relation to employees
6
(2) An employer is taken to be subject, under subclause (1), to each of
7
the following requirements:
8
(a) to take all reasonably practicable steps to provide and
9
maintain a working environment that is safe for employees
10
and without risk to their health;
11
(b) to take all reasonably practicable steps to ensure that any
12
plant, equipment, materials and substances used in
13
connection with the employees' work are safe and without
14
risk to health;
15
(c) to take all reasonably practicable steps to implement and
16
maintain systems of work that are safe and without risk to
17
health;
18
(d) to take all reasonably practicable steps to provide a means of
19
access to, and egress from, the employees' work location that
20
is safe and without risk to health;
21
(e) to take all reasonably practicable steps to provide the
22
employees, in appropriate languages, with the information,
23
instruction, training and supervision necessary for them to
24
carry out their work in a manner that is safe and without risk
25
to health.
26
(3) An employer is taken to be subject, under subclause (1), to each of
27
the following requirements:
28
(a) to take all reasonably practicable steps to monitor the health
29
and safety of employees;
30
(b) to take all reasonably practicable steps to keep records of that
31
monitoring.
32
(4) Subclauses (2) and (3) do not limit subclause (1).
33
Schedule 3 Occupational health and safety
Part 2 Occupational health and safety
Division 1 Duties relating to occupational health and safety
Clause 12
470 Offshore Petroleum Bill 2005 No. , 2005
Offence
1
(5) A person commits an offence if:
2
(a) the person is subject to a requirement under subclause (1);
3
and
4
(b) the person omits to do an act; and
5
(c) the omission breaches the requirement.
6
Penalty: 1,000 penalty units.
7
Duties in relation to contractors
8
(6) A person has, in relation to a contractor of that person, the same
9
obligations that an employer has under subclauses (1) and (2) in
10
relation to an employee of that employer, but only in relation to:
11
(a) matters over which the first-mentioned person has control; or
12
(b) matters over which:
13
(i) the first-mentioned person would have had control apart
14
from express provision to the contrary in a contract; and
15
(ii) the first-mentioned person would, in the circumstances,
16
usually be expected to have had control.
17
12 Duties of manufacturers in relation to plant and substances
18
Duties of manufacturer of plant
19
(1) A manufacturer of any plant that the manufacturer ought
20
reasonably to expect will be used by members of the workforce at a
21
facility must take all reasonably practicable steps:
22
(a) to ensure that the plant is so designed and constructed as to
23
be, when properly used, safe and without risk to health; and
24
(b) to carry out, or cause to be carried out, the research, testing
25
and examination necessary in order to discover, and to
26
eliminate or minimise, any risk to health and safety that may
27
arise from the use of the plant; and
28
(c) to make available, in connection with the use of the plant at a
29
facility, adequate written information about:
30
(i) the use for which it is designed and has been tested; and
31
(ii) details of its design and construction; and
32
Occupational health and safety Schedule 3
Occupational health and safety Part 2
Duties relating to occupational health and safety Division 1
Clause 12
Offshore Petroleum Bill 2005 No. , 2005 471
(iii) any conditions necessary to ensure that, when put to the
1
use for which it was designed and tested, it will be safe
2
and without risk to health.
3
Note:
See also clause 16.
4
Duties of manufacturer of substance
5
(2) A manufacturer of any substance that the manufacturer ought
6
reasonably to expect will be used by members of the workforce at a
7
facility must take all reasonably practicable steps:
8
(a) to ensure that the substance is so manufactured as to be,
9
when properly used, safe and without risk to health; and
10
(b) to carry out, or cause to be carried out, the research, testing
11
and examination necessary to discover, and to eliminate or
12
minimise, any risk to health and safety that may arise from
13
the use of the substance; and
14
(c) to make available, in connection with the use of the
15
substance at a facility, adequate written information
16
concerning:
17
(i) the use for which it is manufactured and has been tested;
18
and
19
(ii) details of its composition; and
20
(iii) any conditions necessary to ensure that, when put to the
21
use for which it was manufactured and tested, it will be
22
safe and without risk to health; and
23
(iv) the first aid and medical procedures that should be
24
followed if the substance causes injury.
25
Note:
See also clause 16.
26
Offence
27
(3) A person commits an offence if:
28
(a) the person is subject to a requirement under subclause (1) or
29
(2); and
30
(b) the person omits to do an act; and
31
(c) the omission breaches the requirement.
32
Penalty: 200 penalty units.
33
Schedule 3 Occupational health and safety
Part 2 Occupational health and safety
Division 1 Duties relating to occupational health and safety
Clause 13
472 Offshore Petroleum Bill 2005 No. , 2005
Importer deemed to be manufacturer
1
(4) For the purposes of this clause, if:
2
(a) plant or a substance is imported into Australia by a person
3
who is not its manufacturer; and
4
(b) at the time of the importation, the manufacturer of the plant
5
or substance does not have a place of business in Australia;
6
the first-mentioned person is taken to be the manufacturer of the
7
plant or substance.
8
Other laws not affected
9
(5) This clause does not affect the operation of the Trade Practices Act
10
1974, or of any other law of the Commonwealth, a State or a
11
Territory that imposes an obligation on a manufacturer in relation
12
to defective goods or in relation to information to be supplied in
13
relation to goods.
14
13 Duties of suppliers of facilities, plant and substances
15
Duties of supplier
16
(1) A supplier of a facility, or of any plant or substance that the
17
supplier ought reasonably to expect will be used by members of the
18
workforce at a facility, must take all reasonably practicable steps:
19
(a) to ensure that, at the time of supply, the facility, or the plant
20
or substance, is in such condition as to be, when properly
21
used, safe and without risk to health; and
22
(b) to carry out, or cause to be carried out, the research, testing
23
and examination necessary to discover, and to eliminate or
24
minimise, any risk to health or safety that may arise from the
25
condition of the facility, plant or substance; and
26
(c) to make available:
27
(i) in the case of a facility--to the operator of a facility;
28
and
29
(ii) in the case of plant or substance--to the person to
30
whom the plant or substance is supplied;
31
adequate written information, in connection with the use of
32
the facility, plant or substance, as the case requires, about:
33
Occupational health and safety Schedule 3
Occupational health and safety Part 2
Duties relating to occupational health and safety Division 1
Clause 13
Offshore Petroleum Bill 2005 No. , 2005 473
(iii) the condition of the facility, plant or substance at the
1
time of supply; and
2
(iv) any risk to the health and safety of members of the
3
workforce at the facility to which the condition of the
4
facility, plant or substance may give rise unless it is
5
properly used; and
6
(v) the steps that need to be taken in order to eliminate such
7
risk; and
8
(vi) in the case of a substance--the first aid and medical
9
procedures that should be followed if the condition of
10
the substance causes injury to a member of the
11
workforce at the facility.
12
Note:
See also clause 16.
13
Offence
14
(2) A person commits an offence if:
15
(a) the person is subject to a requirement under subclause (1);
16
and
17
(b) the person omits to do an act; and
18
(c) the omission breaches the requirement.
19
Penalty: 200 penalty units.
20
Financing arrangements
21
(3) For the purposes of subclause (1), if a person (the ostensible
22
supplier) supplies to a person either a facility, or any plant or
23
substance that is to be used by members of the workforce at a
24
facility, and the ostensible supplier:
25
(a) carries on the business of financing the acquisition or the use
26
of goods by other persons; and
27
(b) has, in the course of that business, acquired an interest in the
28
facility, or in the plant or substance, from another person (the
29
actual supplier), solely for the purpose of financing its
30
acquisition by, or its provision to, the person to whom it is
31
finally supplied; and
32
(c) has not taken possession of the facility, plant or substance, or
33
has taken possession of the facility, plant or substance solely
34
Schedule 3 Occupational health and safety
Part 2 Occupational health and safety
Division 1 Duties relating to occupational health and safety
Clause 14
474 Offshore Petroleum Bill 2005 No. , 2005
for the purpose of passing possession of the facility, plant or
1
substance to the person to whom it is finally supplied;
2
a reference in subclause (1) to a supplier is, in relation to the
3
facility, plant or substance referred to in this subclause, to be read
4
as a reference to the actual supplier and not as a reference to the
5
ostensible supplier.
6
Other laws not affected
7
(4) This clause does not affect the operation of the Trade Practices Act
8
1974, or of any other law of the Commonwealth, a State or a
9
Territory that imposes an obligation in relation to the sale or supply
10
of goods or in relation to the information to be supplied in relation
11
to goods.
12
14 Duties of persons erecting facilities or installing plant
13
Duties
14
(1) A person who erects or installs a facility, or erects or installs any
15
plant at a facility, must take all reasonably practicable steps to
16
ensure that the facility or plant is not erected or installed in such a
17
way that it is unsafe or constitutes a risk to health.
18
Note:
See also clause 16.
19
Offence
20
(2) A person commits an offence if:
21
(a) the person is subject to a requirement under subclause (1);
22
and
23
(b) the person omits to do an act; and
24
(c) the omission breaches the requirement.
25
Penalty: 200 penalty units.
26
Other laws not affected
27
(3) This clause does not affect the operation of the Trade Practices Act
28
1974, or of any other law of the Commonwealth, a State or a
29
Occupational health and safety Schedule 3
Occupational health and safety Part 2
Duties relating to occupational health and safety Division 1
Clause 15
Offshore Petroleum Bill 2005 No. , 2005 475
Territory that imposes an obligation in relation to the erection or
1
installation of goods or the supply of services.
2
15 Duties of persons in relation to occupational health and safety
3
Duties of person at a facility
4
(1) A person at a facility must, at all times, take all reasonably
5
practicable steps:
6
(a) to ensure that the person does not take any action, or make
7
any omission, that creates a risk, or increases an existing risk,
8
to the health or safety of that person or of any other person at
9
or near the facility; and
10
(b) in respect of any obligation imposed on the operator or on
11
any other person by or under a listed OHS law--to cooperate
12
with the operator or that other person to the extent necessary
13
to enable the operator or that other person to fulfil that
14
obligation; and
15
(c) to use equipment that is:
16
(i) supplied to the person by the operator, an employer of
17
the person or any other person having control of work at
18
a facility (the equipment supplier); and
19
(ii) necessary to protect the health and safety of the person,
20
or of any other person at or near the facility;
21
in accordance with any instructions given by the equipment
22
supplier, consistent with the safe and proper use of the
23
equipment.
24
Offence
25
(2) A person commits an offence if:
26
(a) the person is subject to a requirement under subclause (1);
27
and
28
(b) the person omits to do an act; and
29
(c) the omission breaches the requirement.
30
Penalty: 200 penalty units.
31
Schedule 3 Occupational health and safety
Part 2 Occupational health and safety
Division 1 Duties relating to occupational health and safety
Clause 16
476 Offshore Petroleum Bill 2005 No. , 2005
Agreements
1
(3) Despite subclause (1), the choice or manner of use of equipment of
2
the kind referred to in subparagraph (1)(c)(ii) is a matter that may
3
be, consistently with each listed OHS law:
4
(a) agreed on between the equipment supplier and any relevant
5
health and safety representative; or
6
(b) agreed on by a health and safety committee.
7
(4) If an agreement of the kind referred to in paragraph (3)(a) or (b)
8
provides a process for choosing equipment of a particular kind that
9
is to be provided by the equipment supplier, action must not be
10
taken against a person for failure to use equipment of that kind that
11
is so provided unless the equipment has been chosen in accordance
12
with that process.
13
(5) If an agreement of the kind referred to in paragraph (3)(a) or (b)
14
provides a process for determining the manner of use of equipment
15
of a particular kind, action must not be taken against a person for
16
failure to use, in the manner required by the equipment supplier,
17
equipment of that kind that is so provided unless the manner has
18
been determined in accordance with that process.
19
16 Reliance on information supplied or results of research
20
Clause 9, 10 or 11
21
(1) For the purpose of the application of clause 9, 10 or 11 to the use
22
of plant or a substance, a person on whom an obligation is imposed
23
under that clause is regarded as having taken such reasonably
24
practicable steps as that clause requires, in relation to the use of the
25
plant or substance, to the extent that:
26
(a) the person ensured, so far as practicable, that its use was in
27
accordance with the information supplied by the
28
manufacturer or the supplier of the plant or substance relating
29
to health and safety in its use; and
30
(b) it was reasonable for the person to rely on that information.
31
(2) Subclause (1) does not limit the generality of what constitutes
32
reasonably practicable steps as required by clause 9, 10 or 11.
33
Occupational health and safety Schedule 3
Occupational health and safety Part 2
Duties relating to occupational health and safety Division 1
Clause 16
Offshore Petroleum Bill 2005 No. , 2005 477
Clause 12 or 13
1
(3) For the purpose of the application of clause 12 or 13 to carrying
2
out research, testing and examining a facility, or any plant or
3
substance, a person on whom an obligation is imposed under that
4
clause is regarded as having taken such reasonably practicable
5
steps as that clause requires, in relation to carrying out research,
6
testing and examining the facility, plant or substance, to the extent
7
that:
8
(a) the research, testing or examination has already been carried
9
out by or on behalf of someone else; and
10
(b) it was reasonable for the person to rely on that research,
11
testing or examination.
12
(4) Subclause (3) does not limit the generality of what constitutes
13
reasonably practicable steps as required by clause 12 or 13.
14
Clause 14
15
(5) For the purpose of the application of clause 14 to the erection of a
16
facility or the erection or installation of plant at a facility, a person
17
on whom an obligation is imposed under that clause is regarded as
18
having taken such reasonably practicable steps as that clause
19
requires to the extent that:
20
(a) the person ensured, so far as is reasonably practicable, that
21
the erection of the facility, or the erection or installation of
22
the plant, was:
23
(i) in accordance with information supplied by the
24
manufacturer or supplier of the facility or plant relating
25
to its erection or its installation; and
26
(ii) consistent with the health and safety of persons at the
27
facility; and
28
(b) it was reasonable for the person to rely on that information.
29
(6) Subclause (5) does not limit the generality of what constitutes
30
reasonably practicable steps as required by clause 14.
31
Schedule 3 Occupational health and safety
Part 2 Occupational health and safety
Division 2 Regulations relating to occupational health and safety
Clause 17
478 Offshore Petroleum Bill 2005 No. , 2005
1
Division 2--Regulations relating to occupational health
2
and safety
3
17 Regulations relating to occupational health and safety
4
(1) The regulations may make provision relating to any matter
5
affecting, or likely to affect, the occupational health and safety of
6
persons at a facility.
7
(2) Subclause (1) has effect subject to this Schedule.
8
(3) Regulations made for the purposes of subclause (1) may make
9
provision for any or all of the following:
10
(a) prohibiting or restricting the performance of all work or
11
specified work at a facility;
12
(b) prohibiting or restricting the use of all plant or specified plant
13
at a facility;
14
(c) prohibiting or restricting the carrying out of all processes or a
15
specified process at a facility;
16
(d) prohibiting or restricting the storage or use of all substances
17
or specified substances at a facility;
18
(e) specifying the form in which information required to be
19
made available under paragraph 12(1)(c) or (2)(c) or 13(1)(c)
20
of this Schedule is to be so made available;
21
(f) prohibiting, except in accordance with licences granted under
22
the regulations, the use of specified plant or specified
23
substances at a facility;
24
(g) providing for:
25
(i) the issue, variation, renewal, transfer, suspension and
26
cancellation of such licences; and
27
(ii) the conditions to which the licences may be subject;
28
(h) regulating the maintenance and testing of plant used at a
29
facility;
30
(i) regulating the labelling or marking of substances used at a
31
facility;
32
(j) regulating the transport of specified plant or specified
33
substances for use at a facility;
34
Occupational health and safety Schedule 3
Occupational health and safety Part 2
Regulations relating to occupational health and safety Division 2
Clause 17
Offshore Petroleum Bill 2005 No. , 2005 479
(k) prohibiting the performance, at a facility, of specified
1
activities or work except:
2
(i) by persons who satisfy requirements of the regulations
3
as to qualifications, training or experience; or
4
(ii) under the supervision specified in the regulations;
5
(l) requiring specified action to avoid accidents or dangerous
6
occurrences;
7
(m) providing for, or prohibiting, specified action in the event of
8
accidents or dangerous occurrences;
9
(n) providing for the employment at a facility of persons to
10
perform specified duties relating to the maintenance of
11
occupational health and safety at the facility;
12
(o) regulating the provision and use, at a facility, of protective
13
clothing and equipment, safety equipment and rescue
14
equipment;
15
(p) providing for monitoring the health of members of the
16
workforce at a facility and the conditions at the facility;
17
(q) requiring employers to keep records of matters related to the
18
occupational health and safety of employees;
19
(r) providing for the provision of first aid equipment and
20
facilities at facilities.
21
(4) Subclause (3) does not limit subclause (1).
22
(5) Regulations made for the purposes of this clause may make
23
different provision in respect of different classes of facility.
24
(6) Subclause (5) does not limit subsection 33(3A) of the Acts
25
Interpretation Act 1901.
26
Schedule 3 Occupational health and safety
Part 3 Workplace arrangements
Division 1 Introduction
Clause 18
480 Offshore Petroleum Bill 2005 No. , 2005
1
Part 3--Workplace arrangements
2
Division 1--Introduction
3
18 Simplified outline
4
The following is a simplified outline of this Part:
5
·
A group of members of the workforce at a facility may be
6
established as a designated work group.
7
·
The members of a designated work group may select a health
8
and safety representative for that designated work group.
9
·
The health and safety representative may exercise certain
10
powers for the purpose of promoting or ensuring the health
11
and safety of the group members.
12
·
A health and safety committee may be established in relation
13
to the members of the workforce at a facility.
14
·
The main function of a health and safety committee is to assist
15
the operator in relation to occupational health and safety
16
matters.
17
Occupational health and safety Schedule 3
Workplace arrangements Part 3
Designated work groups Division 2
Clause 19
Offshore Petroleum Bill 2005 No. , 2005 481
1
Division 2--Designated work groups
2
Subdivision A--Establishment of designated work groups
3
19 Establishment of designated work groups by request
4
Request
5
(1) A request to the operator of a facility to enter into consultations to
6
establish designated work groups in relation to the members of the
7
workforce at the facility may be made by:
8
(a) any member of the workforce; or
9
(b) if a member of the workforce requests a workforce
10
representative in relation to the member to make the request
11
to the operator--that workforce representative.
12
Consultations
13
(2) The operator of a facility must, within 14 days after receiving a
14
request under subclause (1), enter into consultations with:
15
(a) if any member of the workforce made a request to establish
16
designated work groups:
17
(i) that member of the workforce; and
18
(ii) if that member requests that the operator enter into
19
consultations with a workforce representative in relation
20
to the member--that workforce representative; and
21
(iii) each employer (if any) of members of the workforce;
22
and
23
(b) if a workforce representative made a request to establish
24
designated work groups:
25
(i) if a member of the workforce requests that the operator
26
enter into consultations with that workforce
27
representative--that workforce representative; and
28
(ii) each employer of members of the workforce.
29
Schedule 3 Occupational health and safety
Part 3 Workplace arrangements
Division 2 Designated work groups
Clause 20
482 Offshore Petroleum Bill 2005 No. , 2005
Establishment
1
(3) Within 14 days after the completion of consultations about the
2
establishment of the designated work groups, the operator must, by
3
notifying the members of the workforce, establish the designated
4
work groups in accordance with the outcome of the consultations.
5
20 Establishment of designated work groups at initiative of operator
6
Consultations
7
(1) If, at any time, the operator of a facility considers that designated
8
work groups should be established, the operator must enter into
9
consultations with:
10
(a) all members of the workforce; and
11
(b) if a member of the workforce requests that the operator enter
12
into consultations with a workforce representative in relation
13
to the member--that workforce representative; and
14
(c) each employer (if any) of members of the workforce.
15
Establishment
16
(2) Within 14 days after the completion of consultations about the
17
establishment of the designated work groups, the operator must, by
18
notifying the members of the workforce, establish the designated
19
work groups in accordance with the outcome of the consultations.
20
Subdivision B--Variation of designated work groups
21
21 Variation of designated work groups by request
22
Request
23
(1) A request to the operator of a facility to enter into consultations to
24
vary designated work groups that have already been established in
25
relation to the members of the workforce at the facility may be
26
made by:
27
(a) any member of the workforce; or
28
Occupational health and safety Schedule 3
Workplace arrangements Part 3
Designated work groups Division 2
Clause 21
Offshore Petroleum Bill 2005 No. , 2005 483
(b) if a member of the workforce requests a workforce
1
representative in relation to the member to make the request
2
to the operator--that workforce representative.
3
Consultations
4
(2) The operator of a facility must, within 14 days after receiving a
5
request under subclause (1), enter into consultations with:
6
(a) if any member of the workforce made a request to vary
7
designated work groups:
8
(i) that member of the workforce; and
9
(ii) the health and safety representative of each designated
10
work group affected by the proposed variation; and
11
(iii) each work group employer (if any) in relation to each
12
designated work group affected by the proposed
13
variation; and
14
(b) if a workforce representative made a request to vary
15
designated work groups:
16
(i) if a member of a designated work group affected by the
17
proposed variation requests that the operator enter into
18
consultations with a workforce representative in relation
19
to the group--that workforce representative; and
20
(ii) the health and safety representative of each designated
21
work group affected by the proposed variation; and
22
(iii) each work group employer (if any) in relation to each
23
designated work group affected by the proposed
24
variation.
25
Variation
26
(3) If:
27
(a) consultations take place about the variation of designated
28
work groups that have already been established; and
29
(b) as a result of the consultations, it has been determined that
30
the variation of some or all of those designated work groups
31
is justified;
32
then, within 14 days after the completion of the consultations, the
33
operator must, by notifying the members of the workforce who are
34
Schedule 3 Occupational health and safety
Part 3 Workplace arrangements
Division 2 Designated work groups
Clause 22
484 Offshore Petroleum Bill 2005 No. , 2005
affected by the variation, vary the designated work groups in
1
accordance with the outcome of the consultations.
2
22 Variation of designated work groups at initiative of operator
3
Consultations
4
(1) If the operator of a facility believes the designated work groups
5
should be varied, the operator may, at any time, enter into
6
consultations about the variations with:
7
(a) the health and safety representative of each of the designated
8
work groups affected by the proposed variation; and
9
(b) if a member of a designated work group affected by the
10
proposed variation requests that the operator enter into
11
consultations with a workforce representative in relation to
12
the group--that workforce representative; and
13
(c) each work group employer (if any) in relation to each
14
designated work group affected by the proposed variation.
15
Variation
16
(2) If:
17
(a) consultations take place about the variation of designated
18
work groups that have already been established; and
19
(b) as a result of the consultations, it has been determined that
20
the variation of some or all of those designated work groups
21
is justified;
22
then, within 14 days after the completion of the consultations, the
23
operator must, by notifying the members of the workforce who are
24
affected by the variation, vary the designated work groups in
25
accordance with the outcome of the consultations.
26
Subdivision C--General
27
23 Referral of disagreement to reviewing authority
28
(1) If, in the course of consultations under clause 19, 20, 21 or 22,
29
there is a disagreement between any of the parties to the
30
consultation about the manner of establishing or varying a
31
Occupational health and safety Schedule 3
Workplace arrangements Part 3
Designated work groups Division 2
Clause 24
Offshore Petroleum Bill 2005 No. , 2005 485
designated work group, any party may, for the purpose of
1
facilitating that consultation, refer the matter of disagreement to the
2
reviewing authority.
3
(2) If the matter of disagreement is referred to the reviewing authority,
4
the parties to the disagreement must complete the consultation in
5
accordance with the resolution of that matter by the reviewing
6
authority.
7
24 Manner of grouping members of the workforce
8
(1) Consultations about the establishment or variation of a designated
9
work group must be directed principally towards the determination
10
of the manner of grouping members of the workforce:
11
(a) that best and most conveniently enables their interests
12
relating to occupational health and safety to be represented
13
and safeguarded; and
14
(b) that best takes account of the need for any health and safety
15
representative selected for that designated work group to be
16
accessible to each group member.
17
(2) The parties to the consultations must have regard, in particular, to:
18
(a) the number of members of the workforce at the facility to
19
which the consultation relates; and
20
(b) the nature of each type of work performed by such members;
21
and
22
(c) the number and grouping of such members who perform the
23
same or similar types of work; and
24
(d) the workplaces where each type of work is performed; and
25
(e) the nature of any risks to health and safety at each such
26
workplace; and
27
(f) any overtime or shift working arrangement at the facility.
28
(3) The designated work groups must be established or varied in such
29
a way that, so far as practicable, each of the members of the
30
workforce at a facility is in a designated work group.
31
(4) All the members of the workforce at a facility may be in one
32
designated work group.
33
Schedule 3 Occupational health and safety
Part 3 Workplace arrangements
Division 3 Health and safety representatives
Clause 25
486 Offshore Petroleum Bill 2005 No. , 2005
1
Division 3--Health and safety representatives
2
Subdivision A--Selection of health and safety representatives
3
25 Selection of health and safety representatives
4
(1) One health and safety representative may be selected for each
5
designated work group.
6
(2) A person is not eligible for selection as the health and safety
7
representative for a designated work group unless the person is a
8
member of the workforce included in the group.
9
(3) A person is taken to have been selected as the health and safety
10
representative for a designated work group if:
11
(a) all the members of the workforce in the group unanimously
12
agree to the selection; or
13
(b) the person is elected as the health and safety representative of
14
the group in accordance with clause 26.
15
26 Election of health and safety representatives
16
Nominations
17
(1) If:
18
(a) there is a vacancy in the office of health and safety
19
representative for a designated work group; and
20
(b) within a reasonable time after the vacancy occurs, a person
21
has not been selected under paragraph 25(3)(a) of this
22
Schedule;
23
the operator of the facility must invite nominations from all group
24
members for election as the health and safety representative of the
25
group.
26
(2) If the office of health and safety representative is vacant and the
27
operator has not invited nominations within a further reasonable
28
time that is no later than 6 months after the vacancy occurred, the
29
Safety Authority may direct the operator to do so.
30
Occupational health and safety Schedule 3
Workplace arrangements Part 3
Health and safety representatives Division 3
Clause 27
Offshore Petroleum Bill 2005 No. , 2005 487
Election--more than one candidate
1
(3) If there is more than one candidate for election at the close of the
2
nomination period, the operator must conduct, or arrange for the
3
conduct of, an election at the operator's expense.
4
(4) An election conducted or arranged to be conducted under
5
subclause (3) must be conducted in accordance with regulations
6
made for the purposes of this subclause if this is requested by the
7
lesser of:
8
(a) 100 members of the workforce normally in the designated
9
work group; or
10
(b) a majority of the members of the workforce normally in the
11
designated work group.
12
Election--only one candidate
13
(5) If there is only one candidate for election at the close of the
14
nomination period, that person is taken to have been elected.
15
Disqualified person cannot be a candidate
16
(6) A person cannot be a candidate in the election if he or she is
17
disqualified under clause 32.
18
Voting
19
(7) All the members of the workforce in the designated work group are
20
entitled to vote in the election.
21
Directions
22
(8) An operator conducting or arranging for the conduct of an election
23
under this clause must comply with any relevant directions issued
24
by the Safety Authority.
25
27 List of health and safety representatives
26
The operator of a facility must:
27
(a) prepare and keep up to date a list of all the health and safety
28
representatives of designated work groups comprising
29
Schedule 3 Occupational health and safety
Part 3 Workplace arrangements
Division 3 Health and safety representatives
Clause 28
488 Offshore Petroleum Bill 2005 No. , 2005
members of the workforce performing work at the facility;
1
and
2
(b) ensure that the list is available for inspection, at all
3
reasonable times, by:
4
(i) the members of the workforce at the facility; and
5
(ii) OHS inspectors.
6
28 Members of designated work group must be notified of selection
7
etc. of health and safety representative
8
The operator of a facility must:
9
(a) notify members of a designated work group in relation to the
10
facility of a vacancy in the office of health and safety
11
representative for the designated work group within a
12
reasonable time after the vacancy arises; and
13
(b) notify those members of the name of any person selected
14
(whether under paragraph 25(3)(a) or (b) of this Schedule) as
15
health and safety representative for the designated work
16
group within a reasonable time after the selection is made.
17
29 Term of office
18
(1) A health and safety representative for a designated work group
19
holds office:
20
(a) if, in consultations that took place under clause 19, 20, 21 or
21
22, the parties to the consultations agreed to the period for
22
which the health and safety representative for the group was
23
to hold office--for such a period; or
24
(b) in any other case--for 2 years;
25
beginning at the start of the day on which he or she was selected.
26
(2) However, the health and safety representative is eligible to be
27
selected for further terms of office.
28
(3) Subclauses (1) and (2) have effect subject to this Part.
29
Occupational health and safety Schedule 3
Workplace arrangements Part 3
Health and safety representatives Division 3
Clause 30
Offshore Petroleum Bill 2005 No. , 2005 489
30 Training of health and safety representatives
1
(1) A health and safety representative for a designated work group
2
must undertake a course of training relating to occupational health
3
and safety that is accredited by the Safety Authority for the
4
purposes of this clause.
5
(2) The operator of the facility concerned must permit the
6
representative to take such time off work, without loss of
7
remuneration or other entitlements, as is necessary to undertake the
8
training.
9
(3) If a person other than the operator is the employer of the
10
representative, that person must permit the representative to take
11
such time off work, without loss of remuneration or other
12
entitlements, as is necessary to undertake the training.
13
31 Resignation etc. of health and safety representatives
14
When person must cease to be health and safety representative
15
(1) A person ceases to be the health and safety representative for the
16
designated work group if:
17
(a) the person resigns as the health and safety representative; or
18
(b) the person ceases to be a group member of that designated
19
work group; or
20
(c) the person's term of office expires without the person having
21
been selected, under clause 25, to be the health and safety
22
representative for the designated work group for a further
23
term; or
24
(d) the person is disqualified under clause 32.
25
Resignation
26
(2) A person may resign as the health and safety representative for a
27
designated work group by written notice delivered to the operator
28
and to each work group employer.
29
(3) If a person resigns as the health and safety representative for a
30
designated work group, the person must notify the resignation to
31
the group members.
32
Schedule 3 Occupational health and safety
Part 3 Workplace arrangements
Division 3 Health and safety representatives
Clause 32
490 Offshore Petroleum Bill 2005 No. , 2005
Notification
1
(4) If a person has ceased to be the health and safety representative for
2
a designated work group because of paragraph (1)(b), the person
3
must notify in writing:
4
(a) the group members; and
5
(b) the operator and each work group employer;
6
that the person has ceased to be the health and safety representative
7
for that designated work group.
8
32 Disqualification of health and safety representatives
9
Application for disqualification
10
(1) An application for the disqualification of a health and safety
11
representative for a designated work group may be made to the
12
Safety Authority by:
13
(a) the operator; or
14
(b) a work group employer; or
15
(c) at the request of a group member of the designated work
16
group--a workforce representative in relation to the
17
designated work group.
18
Grounds for disqualification
19
(2) An application under subclause (1) may be made on either or both
20
of the following grounds:
21
(a) that action taken by the health and safety representative in the
22
exercise or purported exercise of a power under subclause
23
34(1) or any other provision of this Schedule was taken:
24
(i) with the intention of causing harm to the operator or
25
work group employer or to an undertaking of the
26
operator or work group employer; or
27
(ii) unreasonably, capriciously or not for the purpose for
28
which the power was conferred on the health and safety
29
representative;
30
(b) that the health and safety representative has intentionally
31
used, or disclosed to another person, for a purpose that is not
32
connected with the exercise of a power of a health and safety
33
Occupational health and safety Schedule 3
Workplace arrangements Part 3
Health and safety representatives Division 3
Clause 33
Offshore Petroleum Bill 2005 No. , 2005 491
representative, information acquired from the operator or
1
work group employer.
2
Disqualification
3
(3) If, on an application under subclause (1), the Safety Authority is
4
satisfied that the health and safety representative has acted in a
5
manner referred to in subclause (2), the Safety Authority may, after
6
having regard to:
7
(a) the harm (if any) that was caused to the operator or work
8
group employer or to an undertaking of the operator or work
9
group employer as a result of the action of the representative;
10
and
11
(b) the past record of the representative in exercising the powers
12
of a health and safety representative; and
13
(c) the effect (if any) on the public interest of the action of the
14
representative; and
15
(d) such other matters as the Authority thinks relevant;
16
disqualify the representative, for a specified period not exceeding 5
17
years, from being a health and safety representative for any
18
designated work group.
19
33 Deputy health and safety representatives
20
(1) One deputy health and safety representative may be selected for
21
each designated work group for which a health and safety
22
representative has been selected.
23
(2) A deputy health and safety representative is to be selected in the
24
same way as a health and safety representative under clause 25.
25
(3) If the health and safety representative for a designated work group:
26
(a) ceases to be the health and safety representative; or
27
(b) is unable (because of absence or for any other reason) to
28
exercise the powers of a health and safety representative;
29
then:
30
(c) the powers may be exercised by the deputy health and safety
31
representative (if any) for the group; and
32
Schedule 3 Occupational health and safety
Part 3 Workplace arrangements
Division 3 Health and safety representatives
Clause 34
492 Offshore Petroleum Bill 2005 No. , 2005
(d) this Schedule (other than this clause) applies in relation to the
1
deputy health and safety representative accordingly.
2
Subdivision B--Powers of health and safety representatives
3
34 Powers of health and safety representatives
4
(1) A health and safety representative for a designated work group in
5
relation to a facility may, for the purpose of promoting or ensuring
6
the health and safety at a workplace of the group members:
7
(a) do any or all of the following:
8
(i) inspect the whole or any part of the workplace if there
9
has, in the immediate past, been an accident or a
10
dangerous occurrence at the workplace, or if there is an
11
immediate threat of such an accident or dangerous
12
occurrence;
13
(ii) inspect the whole or any part of the workplace if the
14
health and safety representative has given reasonable
15
notice of the inspection to the operator's representative
16
at the facility and to any other person having immediate
17
control of the workplace;
18
(iii) make a request to an OHS inspector or to the Safety
19
Authority that an inspection be conducted at the
20
workplace;
21
(iv) accompany an OHS inspector during any inspection at
22
the workplace by the OHS inspector (whether or not the
23
inspection is being conducted as a result of a request
24
made by the health and safety representative);
25
(v) if there is no health and safety committee in relation to
26
the members of the workforce at the facility--represent
27
group members in consultations with the operator and
28
any work group employer about the development,
29
implementation and review of measures to ensure the
30
health and safety of those members at the workplace;
31
(vi) if a health and safety committee has been established in
32
relation to the members of the workforce at the
33
facility--examine any of the records of that committee;
34
and
35
Occupational health and safety Schedule 3
Workplace arrangements Part 3
Health and safety representatives Division 3
Clause 35
Offshore Petroleum Bill 2005 No. , 2005 493
(b) investigate complaints made by any group member to the
1
health and safety representative about the health and safety of
2
any of the members of the workforce (whether in the group
3
or not); and
4
(c) with the consent of a group member, be present at any
5
interview about health and safety at work between that
6
member and:
7
(i) an OHS inspector; or
8
(ii) the operator or a person representing the operator; or
9
(iii) a work group employer or a person representing that
10
employer; and
11
(d) obtain access to any information under the control of the
12
operator or any work group employer:
13
(i) relating to risks to the health and safety of any group
14
member; and
15
(ii) relating to the health and safety of any group member;
16
and
17
(e) issue provisional improvement notices in accordance with
18
clause 38.
19
(2) Subparagraph (1)(d)(ii) has effect subject to clause 36.
20
35 Assistance by consultant
21
Assistance by consultant
22
(1) A health and safety representative for a designated work group is
23
entitled, in the exercise of his or her powers, to be assisted by a
24
consultant.
25
(2) A health and safety representative for a designated work group
26
may:
27
(a) be assisted by a consultant at a workplace at which work is
28
performed; or
29
(b) provide to a consultant information that has been provided to
30
the health and safety representative by an operator or work
31
group employer under paragraph 34(1)(d) of this Schedule;
32
Schedule 3 Occupational health and safety
Part 3 Workplace arrangements
Division 3 Health and safety representatives
Clause 36
494 Offshore Petroleum Bill 2005 No. , 2005
only if the operator or the Safety Authority has, in writing, agreed
1
to the provision of that assistance at that workplace or the
2
provision of that information, as the case may be.
3
Operator etc. not liable for consultant's remuneration etc.
4
(3) Neither the operator nor any workplace employer becomes,
5
because of the agreement under subclause (2) to the provision of
6
assistance by a consultant, liable for any remuneration or other
7
expenses incurred in connection with the consultant's activities.
8
Consultant may be present at interviews
9
(4) If a health and safety representative for a designated work group is
10
being assisted by a consultant, the consultant is entitled to be
11
present with the representative at any interview, about health and
12
safety at work, between a group member and:
13
(a) an OHS inspector; or
14
(b) the operator or any work group employer or a person
15
representing the operator or that employer;
16
if, and only if, the group member consents to the presence of the
17
consultant.
18
36 Information
19
Legal professional privilege
20
(1) Neither:
21
(a) the health and safety representative; nor
22
(b) if the health and safety representative is assisted by a
23
consultant--the consultant;
24
is entitled, under subparagraph 34(1)(d)(ii) of this Schedule, to
25
have access to information in relation to which a group member is
26
entitled to claim, and does claim, legal professional privilege.
27
Medical information
28
(2) Neither:
29
(a) the health and safety representative; nor
30
Occupational health and safety Schedule 3
Workplace arrangements Part 3
Health and safety representatives Division 3
Clause 37
Offshore Petroleum Bill 2005 No. , 2005 495
(b) if the health and safety representative is assisted by a
1
consultant--the consultant;
2
is entitled, under subparagraph 34(1)(d)(ii) of this Schedule, to
3
have access to information of a confidential medical nature relating
4
to a person who is or was a group member unless:
5
(c) the person has delivered to the operator or any work group
6
employer a written authority permitting the health and safety
7
representative, or the health and safety representative and the
8
consultant, as the case requires, to have access to the
9
information; or
10
(d) the information is in a form that does not identify the person
11
or enable the identity of the person to be discovered.
12
37 Obligations and liabilities of health and safety representatives
13
This Schedule does not:
14
(a) impose an obligation on a person to exercise any power
15
conferred on the person because the person is a health and
16
safety representative; or
17
(b) render a person liable in civil proceedings because of:
18
(i) a failure to exercise such a power; or
19
(ii) the way such a power was exercised.
20
38 Provisional improvement notices
21
Consultation
22
(1) If:
23
(a) a health and safety representative for a designated work
24
group believes, on reasonable grounds, that a person:
25
(i) is contravening a provision of a listed OHS law; or
26
(ii) has contravened a provision of a listed OHS law and is
27
likely to contravene that provision again; and
28
(b) the contravention affects or may affect one or more group
29
members;
30
the representative must consult with the person supervising the
31
relevant activity in an attempt to reach agreement on rectifying the
32
contravention or preventing the likely contravention.
33
Schedule 3 Occupational health and safety
Part 3 Workplace arrangements
Division 3 Health and safety representatives
Clause 38
496 Offshore Petroleum Bill 2005 No. , 2005
Issue of provisional improvement notice
1
(2) If, in the health and safety representative's opinion, agreement is
2
not reached within a reasonable time, the health and safety
3
representative may issue a provisional improvement notice to any
4
or all of the persons (each of whom is in this clause called a
5
responsible person) responsible for the contravention.
6
(3) If a responsible person is the operator, the improvement notice may
7
be issued to the operator by giving it to the operator's
8
representative at the facility.
9
(4) If it is not practicable to issue the notice to a responsible person
10
(other than the operator or the supervisor) by giving it to that
11
responsible person:
12
(a) the notice may be issued to that responsible person by giving
13
it to the person who for the time being is, or may reasonably
14
be presumed to be, on behalf of the responsible person, in
15
charge of the activity to which the notice relates; and
16
(b) if the notice is so issued, a copy of the notice must be given
17
to the responsible person as soon as practicable afterwards.
18
Content of provisional improvement notice
19
(5) The notice must:
20
(a) specify the contravention that, in the health and safety
21
representative's opinion, is occurring or is likely to occur,
22
and set out the reasons for that opinion; and
23
(b) specify a period that:
24
(i) is not less than 7 days beginning on the day after the
25
notice is issued; and
26
(ii) is, in the representative's opinion, reasonable;
27
within which the responsible person is to take action
28
necessary to prevent any further contravention or to prevent
29
the likely contravention, as the case may be.
30
(6) The notice may specify action that the responsible person is to take
31
during the period specified in the notice.
32
Occupational health and safety Schedule 3
Workplace arrangements Part 3
Health and safety representatives Division 3
Clause 39
Offshore Petroleum Bill 2005 No. , 2005 497
Extension of period
1
(7) If, in the health and safety representative's opinion, it is
2
appropriate to do so, the representative may, in writing and before
3
the end of the period, extend the period specified in the notice.
4
Copy of provisional improvement notice
5
(8) On issuing the notice, the health and safety representative must
6
give a copy of the notice to:
7
(a) if the operator is not a responsible person--the operator; and
8
(b) each work group employer other than a work group employer
9
who is a responsible person; and
10
(c) if the supervisor is not a responsible person--the supervisor;
11
and
12
(d) if the notice relates to any plant, substance or thing that is
13
owned by a person other than a responsible person or a
14
person to whom a copy of the notice is given under
15
paragraph (a), (b) or (c)--that owner.
16
39 Effect of provisional improvement notice
17
Request for inspection
18
(1) Within 7 days after a notice is issued under clause 38:
19
(a) the responsible person; or
20
(b) any other person to whom a copy of the notice has been
21
given under subclause 38(8);
22
may make a request to the Safety Authority or to an OHS inspector
23
that an inspection of the matter be conducted.
24
(2) Upon the request being made, the operation of the notice is
25
suspended pending the determination of the matter by an OHS
26
inspector.
27
Inspection
28
(3) As soon as possible after a request is made, an inspection must be
29
conducted of the work that is the subject of the disagreement, and
30
the OHS inspector conducting the inspection must:
31
Schedule 3 Occupational health and safety
Part 3 Workplace arrangements
Division 3 Health and safety representatives
Clause 39
498 Offshore Petroleum Bill 2005 No. , 2005
(a) confirm, vary or cancel the notice and notify the responsible
1
person, and any person to whom a copy of the notice has
2
been given under subclause 38(8), accordingly; and
3
(b) make such decisions, and exercise such powers, under Part 4
4
of this Schedule, as the OHS inspector considers necessary in
5
relation to the work.
6
Variation of notice
7
(4) If the OHS inspector varies a notice, the notice as so varied has
8
effect:
9
(a) so far as the notice concerns obligations imposed on the
10
responsible person that are unaffected by the variation--as if
11
the notice as so varied resumed effect on the day of the
12
variation; and
13
(b) so far as the notice concerns new obligations imposed by
14
virtue of the variation--as if the notice as so varied were a
15
new notice issued on the day of the variation.
16
Notification etc.
17
(5) If the notice is issued to a responsible person, the responsible
18
person must:
19
(a) notify each group member who is affected by the notice of
20
the fact of the issue of the notice; and
21
(b) until the notice ceases to have effect, cause a copy of the
22
notice to be displayed at or near each workplace at which the
23
work that is the subject of the notice is being performed.
24
When the notice ceases to have effect
25
(6) The notice ceases to have effect if:
26
(a) it is cancelled by an OHS inspector or by the health and
27
safety representative; or
28
(b) the responsible person:
29
(i) takes such action (if any) as is specified in the notice; or
30
(ii) if no action is so specified--takes the action necessary
31
to prevent the further contravention, or likely
32
contravention, concerned.
33
Occupational health and safety Schedule 3
Workplace arrangements Part 3
Health and safety representatives Division 3
Clause 40
Offshore Petroleum Bill 2005 No. , 2005 499
Compliance with notice
1
(7) The responsible person:
2
(a) must ensure that, to the extent that the notice relates to any
3
matter over which the person has control, the notice is
4
complied with; and
5
(b) must take reasonable steps to inform the health and safety
6
representative who issued the notice of the action taken to
7
comply with the notice.
8
Appeals
9
(8) For the purposes of clause 81, if the OHS inspector confirms or
10
varies the notice, the OHS inspector is taken to have decided,
11
under clause 78, to issue an improvement notice in those terms.
12
Subdivision C--Duties of the operator and other employers in
13
relation to health and safety representatives
14
40 Duties of the operator and other employers in relation to health
15
and safety representatives
16
Duties
17
(1) The operator of a facility, in relation to which a designated work
18
group having a health and safety representative has been
19
established, must:
20
(a) on being requested to do so by the representative, consult
21
with the representative on the implementation of changes at
22
any workplace at which some or all of the group members
23
perform work, where the changes may affect their health and
24
safety; and
25
(b) in relation to a workplace at which some or all of the group
26
members perform work:
27
(i) permit the representative to make such inspection of the
28
workplace as the representative is entitled to make in
29
accordance with subparagraph 34(1)(a)(i) of this
30
Schedule and to accompany an OHS inspector during an
31
inspection at the workplace by the OHS inspector; and
32
Schedule 3 Occupational health and safety
Part 3 Workplace arrangements
Division 3 Health and safety representatives
Clause 40
500 Offshore Petroleum Bill 2005 No. , 2005
(ii) if there is no health and safety committee in relation to
1
the members of the workforce--on being requested to
2
do so by the representative, consult with the
3
representative about the development, implementation
4
and review of measures to ensure the health and safety
5
of group members; and
6
(c) permit the representative to be present at any interview at
7
which the representative is entitled to be present under
8
paragraph 34(1)(c); and
9
(d) provide to the representative access to any information to
10
which the representative is entitled to obtain access under
11
subparagraph 34(1)(d)(i) or (ii) of this Schedule and to which
12
access has been requested; and
13
(e) permit the representative to take such time off work, without
14
loss of remuneration or other entitlements, as is necessary to
15
exercise the powers of a health and safety representative; and
16
(f) provide the representative with access to such facilities as
17
are:
18
(i) prescribed for the purposes of this paragraph; or
19
(ii) necessary for the purposes of exercising the powers of a
20
health and safety representative.
21
(2) Paragraph (1)(d) has effect subject to subclauses (3) and (4).
22
Information
23
(3) The operator must not permit a health and safety representative in
24
relation to a designated work group to have access to information
25
that:
26
(a) is of a confidential medical nature under the control of the
27
operator; and
28
(b) relates to a person who is or was a group member;
29
unless:
30
(c) the person has delivered to the employer a written authority
31
permitting the representative to have access to the
32
information; or
33
(d) the information is in a form that does not identify the person
34
or enable the identity of the person to be discovered.
35
Occupational health and safety Schedule 3
Workplace arrangements Part 3
Health and safety representatives Division 3
Clause 40
Offshore Petroleum Bill 2005 No. , 2005 501
(4) The operator is not required to give a health and safety
1
representative access to any information in relation to which the
2
operator is entitled to claim, and does claim, legal professional
3
privilege.
4
Employer and supervisor
5
(5) The duties imposed by this clause on the operator in relation to the
6
health and safety representative for a designated work group apply
7
equally, to the extent that the matters to which the duties relate are
8
within the control of a work group employer or of a supervisor of
9
particular work, to that employer and to that supervisor.
10
Schedule 3 Occupational health and safety
Part 3 Workplace arrangements
Division 4 Health and safety committees
Clause 41
502 Offshore Petroleum Bill 2005 No. , 2005
1
Division 4--Health and safety committees
2
41 Health and safety committees
3
Establishment
4
(1) A health and safety committee must be established in relation to
5
the members of the workforce at a facility if:
6
(a) the number of those members normally present at the facility
7
is not less than 50 (whether or not those members are all at
8
work at the facility at the same time); and
9
(b) the members of the workforce are included in one or more
10
designated work groups; and
11
(c) the operator is requested to establish the committee by the
12
health and safety representative for the designated work
13
group or for one of the designated work groups.
14
Constitution
15
(2) The health and safety committee consists of:
16
(a) the number of members specified in an agreement reached
17
between the operator and the members of the workforce; or
18
(b) if there is no such agreement--an equal number of:
19
(i) members, chosen by the members of the workforce, to
20
represent the interests of members of the workforce; and
21
(ii) members, chosen by the operator, to represent the
22
interests of the operator and the employers (other than
23
the operator) of members of the workforce.
24
(3) The agreement referred to in paragraph (2)(a) may:
25
(a) specify the persons who are to be members to represent the
26
interests of the operator and employers (other than the
27
operator) of members of the workforce; and
28
(b) provide for the way in which persons who are to be members
29
to represent the interests of members of the workforce are to
30
be chosen.
31
Occupational health and safety Schedule 3
Workplace arrangements Part 3
Health and safety committees Division 4
Clause 42
Offshore Petroleum Bill 2005 No. , 2005 503
Selection of members
1
(4) If regulations made for the purposes of this clause specify
2
procedures for the selection of persons as members of health and
3
safety committees, to represent the interests of members of the
4
workforce, an agreement referred to in paragraph (2)(a) must not
5
provide for such members to be chosen in a way inconsistent with
6
the regulations.
7
Meetings
8
(5) A health and safety committee must hold meetings at least once
9
every 3 months.
10
(6) The procedure at meetings of a health and safety committee must,
11
except to the extent provided for by the regulations, be the
12
procedure agreed upon by the committee.
13
(7) A health and safety committee must cause minutes of its meetings
14
to be kept, and must retain those minutes for a period of not less
15
than 3 years.
16
Other committees
17
(8) This clause does not prevent an operator from establishing, in
18
consultation with members of the workforce or any other persons,
19
committees concerned with occupational health and safety in
20
relation to undertakings carried on by the operator.
21
42 Functions of health and safety committees
22
(1) A health and safety committee has the following functions:
23
(a) to assist the operator of the facility concerned:
24
(i) to develop and implement measures designed to protect;
25
and
26
(ii) to review and update measures used to protect;
27
the health and safety at work of members of the workforce;
28
(b) to facilitate cooperation between the operator of the facility,
29
employers (other than the operator) of members of the
30
workforce, and members of the workforce, in relation to
31
occupational health and safety matters;
32
Schedule 3 Occupational health and safety
Part 3 Workplace arrangements
Division 4 Health and safety committees
Clause 43
504 Offshore Petroleum Bill 2005 No. , 2005
(c) to assist the operator to disseminate among members of the
1
workforce, in appropriate languages, information relating to
2
health and safety at work;
3
(d) such functions as are prescribed;
4
(e) such other functions as are agreed upon between the operator
5
and the health and safety committee.
6
(2) A health and safety committee has power to do all things necessary
7
or convenient to be done for, or in connection with, the
8
performance of its functions.
9
(3) This Schedule does not:
10
(a) impose an obligation on a person to do any act, because the
11
person is a member of a health and safety committee, in
12
connection with the performance of a function conferred on
13
the committee; or
14
(b) render such a person liable in civil proceedings because of:
15
(i) a failure to do such an act; or
16
(ii) the manner in which such an act was done.
17
43 Duties of the operator and other employers in relation to health
18
and safety committees
19
Duties
20
(1) If there is a health and safety committee, the operator and any
21
employer (other than the operator) of a member of the workforce
22
must:
23
(a) make available to the committee any information possessed
24
by the operator or that employer relating to risks to health
25
and safety to members of the workforce; and
26
(b) permit any member of the committee who is a member of the
27
workforce to take such time off work, without loss of
28
remuneration or other entitlements, as is necessary for the
29
member adequately to participate in the performance by the
30
committee of its functions.
31
(2) Paragraph (1)(a) has effect subject to subclauses (3) and (4).
32
Occupational health and safety Schedule 3
Workplace arrangements Part 3
Health and safety committees Division 4
Clause 43
Offshore Petroleum Bill 2005 No. , 2005 505
Information
1
(3) The operator or any employer (other than the operator) of a
2
member of the workforce must not make available to a health and
3
safety committee information of a confidential nature relating to a
4
person who is or was a member of the workforce, unless:
5
(a) the person has authorised the information to be made
6
available to the committee; or
7
(b) the information is in a form that does not identify the person
8
or enable the identity of the person to be discovered.
9
(4) The operator or any employer (other than the operator) of a
10
member of the workforce is not required to make available to a
11
health and safety committee any information in relation to which
12
the operator or employer is entitled to claim, and does claim, legal
13
professional privilege.
14
Schedule 3 Occupational health and safety
Part 3 Workplace arrangements
Division 5 Emergency procedures
Clause 44
506 Offshore Petroleum Bill 2005 No. , 2005
1
Division 5--Emergency procedures
2
44 Action by health and safety representatives
3
Imminent and serious danger to health or safety
4
(1) If a health and safety representative for a designated work group
5
has reasonable cause to believe that there is an imminent and
6
serious danger to the health or safety of any person at or near the
7
facility unless a group member or group members cease to perform
8
particular work, the representative must:
9
(a) inform a person (a supervisor) supervising the group member
10
or group members in the performance of the work of the
11
danger; or
12
(b) if no supervisor can be contacted immediately:
13
(i) direct the group member or group members to cease, in
14
a safe manner, to perform the work; and
15
(ii) as soon as practicable, inform a supervisor that the
16
direction has been given.
17
(2) If a supervisor is informed under paragraph (1)(a) of a danger to
18
the health or safety of any person at or near the facility, the
19
supervisor must take such action as he or she thinks appropriate to
20
remove that danger, and any such action may include directing a
21
group member or group members to cease, in a safe manner, to
22
perform the work.
23
(3) If:
24
(a) a health and safety representative has informed a supervisor
25
under paragraph (1)(a) of a danger; and
26
(b) the representative has reasonable cause to believe that,
27
despite any action taken by the supervisor in accordance with
28
subclause (2), there continues to be an imminent and serious
29
danger to the health or safety of any person at or near the
30
facility unless the group member or group members cease to
31
perform particular work;
32
the representative must:
33
Occupational health and safety Schedule 3
Workplace arrangements Part 3
Emergency procedures Division 5
Clause 45
Offshore Petroleum Bill 2005 No. , 2005 507
(c) direct the group member or group members to cease, in a safe
1
manner, to perform the work; and
2
(d) as soon as practicable, inform the supervisor that the
3
direction has been given.
4
Inspection
5
(4) If:
6
(a) a health and safety representative gives a direction under
7
paragraph (1)(b), but is unable to agree with a supervisor
8
whom the representative has informed under that paragraph
9
that there is a need for a direction under that paragraph; or
10
(b) a health and safety representative gives a direction under
11
paragraph (3)(c);
12
the representative or the supervisor may make a request to the
13
Safety Authority or to an OHS inspector that an inspection be
14
conducted of the work that is the subject of the direction.
15
(5) As soon as possible after a request is made, an inspection must be
16
conducted of the work that is the subject of the direction, and the
17
OHS inspector conducting the inspection must make such
18
decisions, and exercise such powers, under Part 4 of this Schedule
19
as the OHS inspector considers necessary in relation to the work.
20
(6) This clause does not limit the power of a health and safety
21
representative under subparagraph 34(1)(a)(iii) of this Schedule to
22
make a request to an OHS inspector or to the Safety Authority that
23
an inspection be conducted at the workplace.
24
45 Direction to perform other work
25
Scope
26
(1) This clause applies if:
27
(a) a group member who is an employee has ceased to perform
28
work, in accordance with the direction of a health and safety
29
representative under paragraph 44(1)(b) or (3)(c); and
30
(b) the cessation of work does not continue after:
31
(i) the health and safety representative has agreed with a
32
person supervising work at the workplace where the
33
Schedule 3 Occupational health and safety
Part 3 Workplace arrangements
Division 5 Emergency procedures
Clause 45
508 Offshore Petroleum Bill 2005 No. , 2005
work was being performed that the cessation of work
1
was not, or is no longer, necessary; or
2
(ii) an OHS inspector has, under subclause 44(5), made a
3
decision to the effect that the employee should perform
4
the work.
5
Direction to perform other work
6
(2) The employer may direct the employee to perform suitable
7
alternative work, and the employee is to be taken, for all purposes,
8
to be required to perform that other work under the terms and
9
conditions of the employee's employment.
10
Occupational health and safety Schedule 3
Workplace arrangements Part 3
Exemptions Division 6
Clause 46
Offshore Petroleum Bill 2005 No. , 2005 509
1
Division 6--Exemptions
2
46 Exemptions
3
(1) The Safety Authority may, in accordance with the regulations,
4
make a written order exempting a specified person from any or all
5
of the provisions of this Part (other than this clause).
6
Note:
For specification by class, see subsection 13(3) of the Legislative
7
Instruments Act 2003.
8
(2) The Safety Authority must not make an order under subclause (1)
9
unless it is satisfied on reasonable grounds that it is impracticable
10
for the person to comply with the provision or provisions.
11
(3) An order under subclause (1) is a legislative instrument for the
12
purposes of the Legislative Instruments Act 2003.
13
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 1 Introduction
Clause 47
510 Offshore Petroleum Bill 2005 No. , 2005
1
Part 4--Inspections
2
Division 1--Introduction
3
47 Simplified outline
4
The following is a simplified outline of this Part:
5
·
An OHS inspector may conduct an inspection:
6
(a)
to ascertain whether a listed OHS law is being
7
complied with; or
8
(b)
concerning a contravention or a possible
9
contravention of a listed OHS law; or
10
(c)
concerning an accident or dangerous occurrence
11
that has happened at or near a facility.
12
·
An OHS inspector may issue a prohibition notice to the
13
operator of a facility in order to remove an immediate threat to
14
the health or safety of any person.
15
·
An OHS inspector may issue an improvement notice
16
specifying action that is to be taken to prevent contraventions
17
of a listed OHS law.
18
·
An OHS inspector must prepare a report about an inspection
19
and give the report to the Safety Authority.
20
48 Powers, functions and duties of OHS inspectors
21
(1) A person who is appointed under section 390 as an OHS inspector
22
has the powers, functions and duties of an OHS inspector conferred
23
or imposed by a listed OHS law.
24
(2) The Safety Authority may give written directions specifying the
25
manner in which, and the conditions subject to which, powers
26
Occupational health and safety Schedule 3
Inspections Part 4
Introduction Division 1
Clause 48
Offshore Petroleum Bill 2005 No. , 2005 511
conferred on OHS inspectors by a listed OHS law are to be
1
exercised. If it does so, the powers of OHS inspectors must be
2
exercised in accordance with those directions.
3
(3) The Safety Authority may, by written notice, impose restrictions,
4
not inconsistent with any direction in force under subclause (2), on
5
the powers that are conferred on a particular OHS inspector by a
6
listed OHS law. If it does so, the powers of the OHS inspector are
7
taken to have been restricted accordingly.
8
(4) If a direction under subclause (2) is of general application, the
9
direction is a legislative instrument for the purposes of the
10
Legislative Instruments Act 2003.
11
(5) If a direction under subclause (2) relates to a particular case, the
12
direction is not a legislative instrument for the purposes of the
13
Legislative Instruments Act 2003.
14
(6) A notice under subclause (3) is not a legislative instrument for the
15
purposes of the Legislative Instruments Act 2003.
16
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 2 Inspections
Clause 49
512 Offshore Petroleum Bill 2005 No. , 2005
1
Division 2--Inspections
2
49 Inspections
3
Inspections conducted on OHS inspector's own initiative
4
(1) An OHS inspector may, at any time, conduct an inspection:
5
(a) to ascertain whether the requirements of, or any requirements
6
properly made under, a listed OHS law are being complied
7
with; or
8
(b) concerning a contravention or a possible contravention of a
9
listed OHS law; or
10
(c) concerning an accident or dangerous occurrence that has
11
happened at or near a facility.
12
Inspections conducted at the direction of the Safety Authority
13
(2) The Safety Authority may direct an OHS inspector to conduct an
14
inspection:
15
(a) to ascertain whether the requirements of, or any requirements
16
properly made under, a listed OHS law are being complied
17
with; or
18
(b) concerning a contravention or a possible contravention of a
19
listed OHS law; or
20
(c) concerning an accident or dangerous occurrence that has
21
happened at or near a facility;
22
and the OHS inspector must, unless the Safety Authority revokes
23
the direction, conduct an inspection accordingly.
24
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 50
Offshore Petroleum Bill 2005 No. , 2005 513
1
Division 3--Powers of OHS inspectors in relation to the
2
conduct of inspections
3
Subdivision A--General powers of entry and search
4
50 Powers of entry and search--facilities
5
Power to enter and search
6
(1) An OHS inspector may, for the purposes of an inspection, at any
7
reasonable time during the day or night:
8
(a) enter the facility to which the inspection relates and do any or
9
all of the following:
10
(i) search the facility;
11
(ii) inspect, examine, take measurements of, or conduct
12
tests concerning, any workplace at the facility or any
13
plant, substance or thing at the facility;
14
(iii) take photographs of, make video recordings of, or make
15
sketches of, any workplace at the facility or any plant,
16
substance or thing at the facility;
17
(iv) inspect, take extracts from, or make copies of, any
18
documents at the facility that the OHS inspector has
19
reasonable grounds to believe relate, or are likely to
20
relate, to the subject matter of the inspection; and
21
(b) inspect the seabed and subsoil in the vicinity of the facility to
22
which the inspection relates.
23
Notification of entry
24
(2) Immediately on entering a facility for the purposes of an
25
inspection, an OHS inspector must take reasonable steps to notify
26
the purpose of entering the facility to:
27
(a) the operator's representative at the facility; and
28
(b) if there is a health and safety representative for a designated
29
work group having a group member likely to be affected by
30
the matter the subject of the inspection--that representative;
31
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 3 Powers of OHS inspectors in relation to the conduct of inspections
Clause 51
514 Offshore Petroleum Bill 2005 No. , 2005
and must, on being requested to do so by the person referred to in
1
paragraph (a) or (b), produce for inspection by that person:
2
(c) the OHS inspector's identity card; and
3
(d) a copy of the Safety Authority's written direction (if any) to
4
conduct the inspection; and
5
(e) a copy of the restrictions (if any) imposed on the powers of
6
the OHS inspector under subclause 48(3).
7
Consultation with health and safety representative
8
(3) If there is a health and safety representative for a designated work
9
group having a group member likely to be affected by the matter
10
the subject of the inspection, the OHS inspector must give the
11
health and safety representative a reasonable opportunity to consult
12
on the matter the subject of the inspection.
13
51 Powers of entry and search--regulated business premises (other
14
than facilities)
15
Power to enter and search
16
(1) An OHS inspector may, for the purposes of an inspection:
17
(a) at any reasonable time, enter any regulated business premises
18
(other than a facility) if the OHS inspector has reasonable
19
grounds to believe that there are likely to be at those
20
premises documents that relate to a facility that is, or to
21
facility operations that are, the subject of the inspection; and
22
(b) search for, inspect, take extracts from, or make copies of, any
23
such documents at those premises.
24
Notification of entry
25
(2) Immediately on entering premises referred to in subclause (1), an
26
OHS inspector must take reasonable steps to notify the purpose of
27
the entry to the occupier of those premises, and must, on being
28
requested to do so by the occupier, produce for inspection by the
29
occupier:
30
(a) the OHS inspector's identity card; and
31
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 52
Offshore Petroleum Bill 2005 No. , 2005 515
(b) a copy of the Safety Authority's written direction (if any) to
1
conduct the inspection; and
2
(c) a copy of the restrictions (if any) imposed on the powers of
3
the OHS inspector under subclause 48(3).
4
52 Powers of entry and search--premises (other than regulated
5
business premises)
6
Power to enter and search
7
(1) An OHS inspector may, for the purposes of an inspection:
8
(a) enter any premises (other than regulated business premises) if
9
the OHS inspector has reasonable grounds to believe that
10
there are likely to be at those premises documents that relate
11
to a facility that is, or to facility operations that are, the
12
subject of the inspection; and
13
(b) search for, inspect, take extracts from, or make copies of, any
14
such documents at those premises.
15
(2) An OHS inspector may exercise the powers referred to in
16
subclause (1) to enter premises only:
17
(a) if the premises are not a residence:
18
(i) in accordance with a warrant under clause 53; or
19
(ii) with the consent of the occupier of the premises; or
20
(b) if the premises are a residence--with the consent of the
21
occupier of the premises.
22
Notification of entry
23
(3) Immediately on entering premises referred to in subclause (1), an
24
OHS inspector must:
25
(a) take reasonable steps to notify the purpose of the entry to the
26
occupier of those premises; and
27
(b) take reasonable steps to produce, for inspection by the
28
occupier, the OHS inspector's identity card; and
29
(c) on being requested to do so by the occupier, produce, for
30
inspection by the occupier:
31
(i) a copy of the Safety Authority's written direction (if
32
any) to conduct the inspection; and
33
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 3 Powers of OHS inspectors in relation to the conduct of inspections
Clause 53
516 Offshore Petroleum Bill 2005 No. , 2005
(ii) a copy of the restrictions (if any) imposed on the powers
1
of the OHS inspector under subclause 48(3).
2
Entry by warrant--copy of warrant to be made available to
3
occupier
4
(4) If:
5
(a) an OHS inspector enters premises in accordance with a
6
warrant under clause 53; and
7
(b) the occupier of the premises is present at the premises;
8
the OHS inspector must make a copy of the warrant available to
9
the occupier.
10
Entry by consent
11
(5) Before obtaining the consent of a person as mentioned in
12
paragraph (2)(a) or (b), an OHS inspector must inform the person
13
that:
14
(a) the person may refuse consent; and
15
(b) the consent may be withdrawn.
16
(6) The consent of a person is not effective for the purposes of
17
subclause (2) unless the consent is voluntary.
18
53 Warrant to enter premises (other than regulated business
19
premises)
20
Application for warrant
21
(1) An OHS inspector may apply to a Magistrate for a warrant
22
authorising the OHS inspector, with such assistance as the OHS
23
inspector thinks necessary, to exercise the powers referred to in
24
subclause 52(1) in relation to particular premises (other than a
25
residence).
26
(2) The application must be supported by an information on oath or
27
affirmation that sets out the grounds on which the OHS inspector is
28
applying for the warrant.
29
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 54
Offshore Petroleum Bill 2005 No. , 2005 517
Issue of warrant
1
(3) If the Magistrate is satisfied that there are reasonable grounds for
2
issuing the warrant, the Magistrate may issue the warrant.
3
(4) A warrant issued under subclause (3) must state:
4
(a) the name of the OHS inspector; and
5
(b) whether the inspection may be carried out at any time or only
6
during specified hours of the day; and
7
(c) the day on which the warrant ceases to have effect; and
8
(d) the purposes for which the warrant is issued.
9
(5) The day specified under paragraph (4)(c) is not to be more than 7
10
days after the day on which the warrant is issued.
11
(6) The purposes specified under paragraph (4)(d) must include the
12
identification of the premises in relation to which the warrant is
13
issued.
14
54 Obstructing or hindering OHS inspector
15
(1) A person commits an offence if:
16
(a) the person engages in conduct; and
17
(b) the conduct obstructs or hinders an OHS inspector in the
18
exercise of the OHS inspector's powers under clause 50, 51
19
or 52.
20
Penalty: 50 penalty units.
21
(2) Subclause (1) does not apply if the person has a reasonable excuse.
22
Note 1:
The defendant bears an evidential burden in relation to the matter in
23
subclause (2)--see subsection 13.3(3) of the Criminal Code.
24
Note 2:
See also Part 2.3 of the Criminal Code (circumstances in which there
25
is no criminal responsibility).
26
Note 3:
The same conduct may be an offence against both subclause (1) of this
27
clause and section 149.1 of the Criminal Code.
28
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 3 Powers of OHS inspectors in relation to the conduct of inspections
Clause 55
518 Offshore Petroleum Bill 2005 No. , 2005
Subdivision B--Offence-related searches and seizures
1
55 What is evidential material?
2
For the purposes of this Subdivision, a thing is evidential material
3
if it is:
4
(a) a thing in respect of which an offence against a listed OHS
5
law has been committed or is suspected, on reasonable
6
grounds, to have been committed; or
7
(b) a thing that there are reasonable grounds for suspecting will
8
afford evidence as to the commission of an offence against a
9
listed OHS law; or
10
(c) a thing that there are reasonable grounds for suspecting was
11
used, or is intended to be used, for the purposes of
12
committing an offence against a listed OHS law.
13
56 Offence-related searches and seizures--OHS inspector already
14
present at facility
15
Scope
16
(1) This clause applies if, in connection with an inspection:
17
(a) an OHS inspector has entered a facility under clause 50; and
18
(b) the OHS inspector believes on reasonable grounds that there
19
is at the facility any evidential material.
20
Power to search etc.
21
(2) The OHS inspector may, for the purposes of the inspection:
22
(a) search the facility for evidential material; and
23
(b) break open and search a cupboard, drawer, chest, trunk, box,
24
package or other receptacle, whether a fixture or not, at the
25
facility and in which the OHS inspector believes on
26
reasonable grounds there to be any evidential material; and
27
(c) examine any thing at the facility that the OHS inspector
28
believes on reasonable grounds to be evidential material; and
29
(d) seize any thing at the facility that the OHS inspector believes
30
on reasonable grounds to be evidential material; and
31
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 56
Offshore Petroleum Bill 2005 No. , 2005 519
(e) take samples of any thing at the facility that the OHS
1
inspector believes on reasonable grounds to be evidential
2
material; and
3
(f) exercise the data access powers set out in clause 58 in
4
relation to the facility; and
5
(g) exercise the data seizure powers set out in clause 59 in
6
relation to the facility.
7
(3) An OHS inspector may exercise the powers referred to in
8
paragraph (2)(a), (b), (c), (e) or (f) only:
9
(a) with the consent of:
10
(i) the operator; or
11
(ii) the operator's representative at the facility; or
12
(b) in accordance with a warrant issued under subclause 67(1).
13
(4) An OHS inspector may exercise the powers referred to in
14
paragraph (2)(d) or (g) only in accordance with a warrant issued
15
under subclause 67(1).
16
Notification of search
17
(5) Before searching a facility under subclause (2), an OHS inspector
18
must:
19
(a) take reasonable steps to notify the purpose of the search to
20
the operator's representative at the facility; and
21
(b) take reasonable steps to produce, for inspection by the
22
operator's representative, the OHS inspector's identity card;
23
and
24
(c) on being requested to do so by the operator's representative,
25
produce, for inspection by the operator's representative:
26
(i) a copy of the Safety Authority's written direction (if
27
any) to conduct the inspection; and
28
(ii) a copy of the restrictions (if any) imposed on the powers
29
of the OHS inspector under subclause 48(3).
30
Copy of warrant to be made available to operator's representative
31
or occupier
32
(6) If:
33
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 3 Powers of OHS inspectors in relation to the conduct of inspections
Clause 56
520 Offshore Petroleum Bill 2005 No. , 2005
(a) an OHS inspector searches a facility in accordance with a
1
warrant issued under subclause 67(1); and
2
(b) the operator's representative at the facility is present at the
3
facility;
4
the OHS inspector must make a copy of the warrant available to
5
the operator's representative.
6
Entry by consent
7
(7) Before obtaining the consent of a person as mentioned in
8
paragraph (3)(a), an OHS inspector must inform the person that:
9
(a) the person may refuse consent; and
10
(b) the consent may be withdrawn.
11
(8) The consent of a person is not effective for the purposes of
12
subclause (3) unless the consent is voluntary.
13
Evidence of commission of other offences
14
(9) If:
15
(a) in the course of searching, in accordance with a warrant
16
issued under subclause 67(1) for particular evidential
17
material relating to an offence against a listed OHS law, an
18
OHS inspector finds a thing that the OHS inspector believes
19
on reasonable grounds to be:
20
(i) a thing that is evidential material relating to that
21
offence, although not evidential material of a kind
22
specified in the warrant; or
23
(ii) a thing that is evidential material relating to another
24
offence against a listed OHS law; and
25
(b) the OHS inspector believes, on reasonable grounds, that it is
26
necessary to seize that thing in order to prevent its
27
concealment, loss or destruction, or its use in committing,
28
continuing or repeating the offence or the other offence;
29
the warrant is taken to authorise the OHS inspector to seize that
30
thing.
31
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 57
Offshore Petroleum Bill 2005 No. , 2005 521
57 Offence-related searches and seizures--OHS inspector not
1
already present at facility, premises or vessel
2
Scope
3
(1) This clause applies if, in connection with an inspection, an OHS
4
inspector believes on reasonable grounds that:
5
(a) there is at a facility any evidential material; or
6
(b) there is at any premises (other than a facility) any evidential
7
material; or
8
(c) there is on any vessel any evidential material.
9
Power to enter and search etc.
10
(2) The OHS inspector may, for the purposes of the inspection:
11
(a) enter the facility, premises or vessel; and
12
(b) search the facility, premises or vessel for evidential material;
13
and
14
(c) break open and search a cupboard, drawer, chest, trunk, box,
15
package or other receptacle, whether a fixture or not, at the
16
facility or premises or on the vessel and in which the OHS
17
inspector believes on reasonable grounds there to be any
18
evidential material; and
19
(d) examine any thing at the facility or premises or on the vessel
20
that the OHS inspector believes on reasonable grounds to be
21
evidential material; and
22
(e) seize any thing at the facility or premises or on the vessel that
23
the OHS inspector believes on reasonable grounds to be
24
evidential material; and
25
(f) inspect, examine, take measurements of, conduct tests on, or
26
take samples of, any thing at the facility or premises or on the
27
vessel that the OHS inspector believes on reasonable grounds
28
to be evidential material; and
29
(g) take photographs of, make video recordings of, or make
30
sketches of the facility, premises or vessel or any thing at the
31
facility or premises or on the vessel that the OHS inspector
32
believes on reasonable grounds to be evidential material; and
33
(h) exercise the data access powers set out in clause 58 in
34
relation to the facility, premises or vessel; and
35
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 3 Powers of OHS inspectors in relation to the conduct of inspections
Clause 57
522 Offshore Petroleum Bill 2005 No. , 2005
(i) exercise the data seizure powers set out in clause 59 in
1
relation to the facility, premises or vessel.
2
(3) An OHS inspector may exercise the powers referred to in
3
paragraph (2)(a), (b), (c), (d), (f), (g) or (h) only:
4
(a) with the consent of:
5
(i) in the case of a facility--the operator's representative at
6
the facility or the operator of the facility; or
7
(ii) in the case of premises--the occupier of the premises;
8
or
9
(iii) in the case of a vessel--the master of the vessel; or
10
(b) in accordance with a warrant issued under subclause 67(2) or
11
(4).
12
(4) An OHS inspector may exercise the powers referred to in
13
paragraph (2)(e) or (i) only in accordance with a warrant issued
14
under subclause 67(1).
15
Notification of entry
16
(5) Immediately on entering a facility, premises or vessel under
17
subclause (2), an OHS inspector must:
18
(a) take reasonable steps to notify the purpose of the entry to the
19
operator's representative at the facility, the occupier of the
20
premises, or the master of the vessel, as the case may be; and
21
(b) take reasonable steps to produce, for inspection by the
22
operator's representative, the occupier, or the master, as the
23
case may be, the OHS inspector's identity card; and
24
(c) on being requested to do so by the operator's representative,
25
the occupier, or the master, produce, for inspection by the
26
operator's representative, the occupier or the master, as the
27
case may be:
28
(i) a copy of the Safety Authority's written direction (if
29
any) to conduct the inspection; and
30
(ii) a copy of the restrictions (if any) imposed on the powers
31
of the OHS inspector under subclause 48(3).
32
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 57
Offshore Petroleum Bill 2005 No. , 2005 523
Copy of warrant to be made available to operator's representative,
1
occupier or master
2
(6) If:
3
(a) an OHS inspector enters a facility, premises or vessel in
4
accordance with a warrant issued under subclause 67(2) or
5
(4); and
6
(b) in the case of a facility or premises--the operator's
7
representative at the facility, or the occupier of the premises,
8
is present at the facility or premises, as the case may be;
9
the OHS inspector must make a copy of the warrant available to
10
the operator's representative, the occupier of the premises, or the
11
master of the vessel, as the case may be.
12
Entry by consent
13
(7) Before obtaining the consent of a person as mentioned in
14
paragraph (3)(a), an OHS inspector must inform the person that:
15
(a) the person may refuse consent; and
16
(b) the consent may be withdrawn.
17
(8) The consent of a person is not effective for the purposes of
18
subclause (3) unless the consent is voluntary.
19
Evidence of commission of other offences
20
(9) If:
21
(a) in the course of searching, in accordance with a warrant
22
issued under subclause 67(2) or (4) for particular evidential
23
material relating to an offence against a listed OHS law, an
24
OHS inspector finds a thing that the OHS inspector believes
25
on reasonable grounds to be:
26
(i) a thing that is evidential material relating to that
27
offence, although not evidential material of a kind
28
specified in the warrant; or
29
(ii) a thing that is evidential material relating to another
30
offence against a listed OHS law; and
31
(b) the OHS inspector believes, on reasonable grounds, that it is
32
necessary to seize that thing in order to prevent its
33
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 3 Powers of OHS inspectors in relation to the conduct of inspections
Clause 58
524 Offshore Petroleum Bill 2005 No. , 2005
concealment, loss or destruction, or its use in committing,
1
continuing or repeating the offence or the other offence;
2
the warrant is taken to authorise the OHS inspector to seize that
3
thing.
4
58 Data access powers
5
Data access powers of OHS inspector
6
(1) This clause sets out the data access powers that an OHS inspector
7
may exercise under:
8
(a) paragraph 56(2)(f) in relation to a facility; or
9
(b) paragraph 57(2)(h) in relation to a facility, premises or
10
vessel.
11
Operation of electronic equipment
12
(2) The OHS inspector may operate electronic equipment at the
13
facility or premises or on the vessel to access data (including data
14
not held at the facility or premises or on the vessel) if the OHS
15
inspector believes on reasonable grounds that:
16
(a) the data might constitute evidential material; and
17
(b) the equipment can be operated without damaging it.
18
Note:
An OHS inspector can obtain an order requiring a person with
19
knowledge of a computer or computer system to provide assistance:
20
see clause 60.
21
Copying of data
22
(3) If the OHS inspector believes on reasonable grounds that any data
23
accessed by operating the electronic equipment might constitute
24
evidential material, the OHS inspector may:
25
(a) copy the data to a disk, tape or other associated device
26
brought to the facility, premises or vessel; or
27
(b) if:
28
(i) the operator's representative at the facility; or
29
(ii) the occupier of the premises; or
30
(iii) the master of the vessel;
31
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 58
Offshore Petroleum Bill 2005 No. , 2005 525
as the case may be, agrees in writing--copy the data to a
1
disk, tape or other associated device at the facility or
2
premises or on the vessel;
3
and take the disk, tape or device from the facility, premises or
4
vessel.
5
(4) If:
6
(a) the OHS inspector takes the disk, tape or device from the
7
facility, premises or vessel; and
8
(b) the Safety Authority is satisfied that the data is not required
9
(or is no longer required) for:
10
(i) an inspection; or
11
(ii) the prosecution of a person;
12
the Safety Authority must arrange for:
13
(c) the removal of the data from any disk, tape or device in the
14
control of the Safety Authority; and
15
(d) the destruction of any other reproduction of the data in the
16
control of the Safety Authority.
17
Securing equipment
18
(5) If the OHS inspector believes on reasonable grounds that:
19
(a) evidential material may be accessible by operating electronic
20
equipment at the facility or premises or on the vessel; and
21
(b) expert assistance is required to operate the equipment; and
22
(c) if the OHS inspector does not take action under this
23
subclause, the material may be destroyed, altered or
24
otherwise interfered with;
25
the OHS inspector may do whatever is necessary to secure the
26
equipment, whether by locking it up, placing a guard or otherwise.
27
(6) The OHS inspector must give notice to:
28
(a) the operator's representative at the facility; or
29
(b) the occupier of the premises; or
30
(c) the master of the vessel;
31
as the case may be, of the OHS inspector's intention to secure
32
equipment and of the fact that the equipment may be secured for up
33
to 24 hours.
34
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 3 Powers of OHS inspectors in relation to the conduct of inspections
Clause 59
526 Offshore Petroleum Bill 2005 No. , 2005
(7) The equipment may be secured:
1
(a) for a period not longer than 24 hours; or
2
(b) until the equipment has been operated by the expert;
3
whichever happens first.
4
(8) If the OHS inspector believes on reasonable grounds that the expert
5
assistance will not be available within 24 hours, the OHS inspector
6
may apply to a Magistrate for an extension of that period.
7
(9) The OHS inspector must give notice to:
8
(a) the operator's representative at the facility; or
9
(b) the occupier of the premises; or
10
(c) the master of the vessel;
11
as the case may be, of the OHS inspector's intention to apply for an
12
extension, and the operator, occupier or master is entitled to be
13
heard in relation to the application.
14
(10) The provisions of this Subdivision relating to the issue of warrants
15
apply, with such modifications as are necessary, to the issuing of
16
an extension.
17
59 Data seizure powers
18
Data seizure powers of OHS inspector
19
(1) This clause sets out the data seizure powers that an OHS inspector
20
may exercise under:
21
(a) paragraph 56(2)(g) in relation to a facility; or
22
(b) paragraph 57(2)(i) in relation to a facility, premises or vessel.
23
Seizure
24
(2) If:
25
(a) an OHS inspector operates electronic equipment under
26
subclause 58(2); and
27
(b) the OHS inspector, after operating the equipment, finds that
28
evidential material is accessible by doing so;
29
the OHS inspector may:
30
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 60
Offshore Petroleum Bill 2005 No. , 2005 527
(c) seize the equipment and any disk, tape or other associated
1
device; or
2
(d) if the material can, by using a thing at the facility or premises
3
or on the vessel, be put in documentary form--operate the
4
thing to put the material in that form, and seize the
5
documents so produced.
6
(3) The OHS inspector may seize equipment under paragraph (2)(c)
7
only if:
8
(a) it is not practicable to copy the data as mentioned in
9
subclause 58(3) or to put the material in documentary form as
10
mentioned in paragraph (2)(d) of this clause; or
11
(b) the equipment is in the possession of another person, and the
12
possession by the other person could constitute an offence.
13
60 Access to computer data
14
Scope
15
(1) This clause applies if a warrant is in force under clause 67
16
authorising an OHS inspector to exercise data access powers under
17
clause 58 in relation to a facility, premises or vessel.
18
Application to Magistrate for access order
19
(2) The OHS inspector may apply to a Magistrate for an order
20
requiring a specified person to provide any information or
21
assistance that is reasonable and necessary to allow the OHS
22
inspector to do one or more of the following:
23
(a) access data held in, or accessible from, a computer that is at
24
the facility or premises or on the vessel;
25
(b) copy the data to a data storage device;
26
(c) convert the data into documentary form.
27
Grant of access order
28
(3) The Magistrate may grant the order if the Magistrate is satisfied
29
that:
30
(a) there are reasonable grounds for suspecting that evidential
31
material is held in, or is accessible from, the computer; and
32
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 3 Powers of OHS inspectors in relation to the conduct of inspections
Clause 61
528 Offshore Petroleum Bill 2005 No. , 2005
(b) the specified person is:
1
(i) reasonably suspected of having been involved in the
2
offence stated in the warrant; or
3
(ii) the owner or lessee of the computer; or
4
(iii) an employee of the owner or lessee of the computer; and
5
(c) the specified person has relevant knowledge of:
6
(i) the computer or a computer network of which the
7
computer forms a part; or
8
(ii) measures applied to protect data held in, or accessible
9
from, the computer.
10
Offence
11
(4) A person commits an offence if:
12
(a) the person is subject to an order under this clause; and
13
(b) the person omits to do an act; and
14
(c) the omission breaches the order.
15
Penalty for contravention of this subclause: Imprisonment for 6
16
months.
17
61 Compensation for damage to equipment
18
(1) This clause applies if:
19
(a) as a result of equipment being operated as mentioned in
20
clause 58 or 59:
21
(i) damage is caused to the equipment; or
22
(ii) the data recorded on the equipment is damaged; or
23
(iii) programs associated with the use of the equipment, or
24
with the use of the data, are damaged or corrupted; and
25
(b) the damage or corruption occurs because:
26
(i) insufficient care was exercised in selecting the person
27
who was to operate the equipment; or
28
(ii) insufficient care was exercised by the person operating
29
the equipment.
30
(2) The Commonwealth must pay the owner of the equipment, or the
31
user of the data or programs, such reasonable compensation for the
32
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 62
Offshore Petroleum Bill 2005 No. , 2005 529
damage or corruption as the Commonwealth and the owner or user
1
agree on.
2
(3) However, if the owner or user and the Commonwealth fail to
3
agree, the owner or user may institute proceedings in the Federal
4
Court for such reasonable amount of compensation as the Court
5
determines.
6
(4) In determining the amount of compensation payable, regard is to
7
be had to:
8
(a) if the equipment was operated at a facility--whether the
9
operator of the facility, or the operator's representative at the
10
facility, if they were available at the time, provided any
11
appropriate warning or guidance on the operation of the
12
equipment; or
13
(b) if the equipment was operated at premises other than a
14
facility--whether the occupier of the premises, or the
15
occupier's employees and agents, if they were available at
16
the time, provided any appropriate warning or guidance on
17
the operation of the equipment; or
18
(c) if the equipment was operated on a vessel--whether the
19
master of the vessel, or the crew of the vessel, provided any
20
appropriate warning or guidance on the operation of the
21
equipment.
22
(5) Compensation is payable out of money appropriated by the
23
Parliament.
24
(6) For the purposes of subclause (1):
25
damage, in relation to data, includes damage by erasure of data or
26
addition of other data.
27
62 Copies of things seized to be provided
28
(1) If an OHS inspector seizes, under this Subdivision:
29
(a) a document, film, computer file or other thing that can be
30
readily copied; or
31
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 3 Powers of OHS inspectors in relation to the conduct of inspections
Clause 63
530 Offshore Petroleum Bill 2005 No. , 2005
(b) a storage device the information in which can be readily
1
copied;
2
the OHS inspector must, if requested to do so by:
3
(c) in the case of a facility--the operator's representative at the
4
facility; or
5
(d) in the case of premises (other than a facility)--the occupier
6
of the premises or another person who apparently represents
7
the occupier and who is present when the thing is seized; or
8
(e) in the case of a vessel--the master of the vessel;
9
give a copy of the thing or the information to that person as soon as
10
practicable after the seizure.
11
(2) However, subclause (1) does not apply if:
12
(a) the thing that has been seized was seized under subclause
13
58(3) or paragraph 59(2)(d); or
14
(b) the document, film, computer file, thing or information is in
15
the possession of another person, and the possession by the
16
other person could constitute an offence.
17
63 Operator's representative, occupier or master entitled to be
18
present during search
19
(1) If a warrant in relation to a facility is being executed, the operator's
20
representative at the facility is entitled to observe the search being
21
conducted.
22
(2) If a warrant in relation to premises is being executed, the following
23
person is entitled to observe the search being conducted:
24
(i) if the occupier of the premises is present at the premises--the
25
occupier;
26
(ii) if another person who apparently represents the occupier is
27
present at the premises--the other person.
28
(3) If a warrant in relation to a vessel is being executed, the master of
29
the vessel is entitled to observe the search being conducted.
30
(4) The right to observe the search being conducted ceases if the
31
operator's representative, the occupier, the other person or the
32
master, as the case may be, impedes the search.
33
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 64
Offshore Petroleum Bill 2005 No. , 2005 531
(5) This section does not prevent 2 or more areas of the facility,
1
premises or vessel being searched at the same time.
2
64 Receipts for things seized
3
(1) If an OHS inspector seizes a thing under this Subdivision, the OHS
4
inspector must provide a receipt for the thing.
5
(2) If 2 or more things are seized or moved, they may be covered in
6
the one receipt.
7
65 Retention of things seized
8
(1) If an OHS inspector seizes a thing under this Subdivision, the OHS
9
inspector or the Safety Authority may retain it until:
10
(a) the end of the period of 60 days after the seizure; or
11
(b) if proceedings for an offence in respect of which the thing
12
may afford evidence are instituted within that period--the
13
proceedings (including any appeal to a court in relation to
14
those proceedings) are completed.
15
(2) The Safety Authority may, by written instrument, authorise a thing
16
seized under this Subdivision to be released to the owner, or to the
17
person from whom it was seized, either:
18
(a) unconditionally; or
19
(b) on such conditions as the Safety Authority thinks fit.
20
66 Magistrate may permit a thing seized to be retained for a further
21
period
22
(1) If an OHS inspector seizes a thing under this Subdivision, the OHS
23
inspector or the Safety Authority may apply to a Magistrate for an
24
order that the OHS inspector, or the Safety Authority, as the case
25
may be, may retain the thing for a further period if:
26
(a) before the end of 60 days after the seizure; or
27
(b) before the end of a period previously specified in an order of
28
a Magistrate under this clause;
29
proceedings for an offence in respect of which the thing may afford
30
evidence have not been instituted.
31
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 3 Powers of OHS inspectors in relation to the conduct of inspections
Clause 67
532 Offshore Petroleum Bill 2005 No. , 2005
(2) If the Magistrate is satisfied that it is necessary for an OHS
1
inspector, or the Safety Authority, as the case may be, to continue
2
to retain the thing:
3
(a) for the purposes of an inspection; or
4
(b) to enable evidence of an offence against a listed OHS law to
5
be secured for the purposes of a prosecution;
6
the Magistrate may order that the OHS inspector or the Safety
7
Authority may retain the thing for a period (not exceeding 3 years)
8
specified in the order.
9
(3) Before making the application, the OHS inspector, or the Safety
10
Authority, as the case may be, must:
11
(a) take reasonable steps to discover who has an interest in the
12
retention of the thing; and
13
(b) if it is practicable to do so--notify the proposed application
14
to each person whom the OHS inspector or the Safety
15
Authority believes to have an interest in the retention of the
16
thing.
17
67 Magistrate may issue warrant
18
Warrant relating to powers under clause 56
19
(1) If:
20
(a) an OHS inspector has entered a facility under clause 50; and
21
(b) the OHS inspector believes on reasonable grounds that there
22
is at the facility any evidential material; and
23
(c) the OHS inspector applies to a Magistrate, by telephone, fax
24
or other electronic means, for a search warrant under this
25
subclause in relation to the evidential material;
26
the Magistrate may issue a search warrant authorising the OHS
27
inspector, with such assistance, and by such force, as is necessary
28
and reasonable, to exercise the powers referred to in paragraphs
29
56(2)(a) to (g) of this Schedule in respect of the evidential material.
30
Warrant relating to powers under clause 57--general
31
(2) If:
32
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 68
Offshore Petroleum Bill 2005 No. , 2005 533
(a) an information on oath or affirmation is laid before a
1
Magistrate alleging that an OHS inspector believes on
2
reasonable grounds that there is at a facility or premises or on
3
a vessel any evidential material; and
4
(b) the information sets out those grounds;
5
the Magistrate may issue a search warrant authorising the OHS
6
inspector named in the warrant, with such assistance, and by such
7
force, as is necessary and reasonable, to:
8
(c) enter the facility, premises or vessel; and
9
(d) exercise the powers referred to in paragraphs 57(2)(b) to (i)
10
of this Schedule in respect of the evidential material.
11
(3) If, because of circumstances of urgency, an OHS inspector thinks it
12
necessary to do so, the OHS inspector may apply to a Magistrate
13
for a warrant under subclause (2) by telephone, fax or other
14
electronic means.
15
Warrant relating to powers under clause 57--vessels
16
(4) If:
17
(a) an OHS inspector has entered a facility under clause 50; and
18
(b) the OHS inspector believes on reasonable grounds that there
19
is on a vessel any evidential material that relates to the listed
20
OHS law covered by paragraph 348(1)(a) of this Act; and
21
(c) the OHS inspector applies to a Magistrate, by telephone, fax
22
or other electronic means, for a search warrant under this
23
subclause in relation to the evidential material;
24
the Magistrate may issue a search warrant authorising the OHS
25
inspector named in the warrant, with such assistance, and by such
26
force, as is necessary and reasonable, to:
27
(d) enter the vessel; and
28
(e) exercise the powers referred to in paragraphs 57(2)(b) to (i)
29
of this Schedule in respect of the evidential material.
30
68 Reasonable grounds for issuing warrant etc.
31
A Magistrate must not issue a warrant under clause 67 unless:
32
(a) the informant or some other person has given to the
33
Magistrate, either orally or by affidavit, such further
34
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 3 Powers of OHS inspectors in relation to the conduct of inspections
Clause 69
534 Offshore Petroleum Bill 2005 No. , 2005
information (if any) as the Magistrate requires concerning the
1
grounds on which the issue of the warrant is being sought;
2
and
3
(b) the Magistrate is satisfied that there are reasonable grounds
4
for issuing the warrant.
5
69 Contents of warrant
6
(1) A warrant issued under clause 67 must state:
7
(a) the name of the OHS inspector; and
8
(b) in the case of a warrant issued under subclause 67(1)--
9
whether the search may be carried out at any time or only
10
during specified hours of the day; and
11
(c) in the case of a warrant issued under subclause 67(2) or (4)--
12
whether the entry or search may be carried out at any time or
13
only during specified hours of the day; and
14
(d) a description of the kind of things to be seized; and
15
(e) the day on which the warrant ceases to have effect; and
16
(f) the purpose for which the warrant is issued.
17
(2) The day specified under paragraph (1)(e) is not to be more than 7
18
days after the day on which the warrant is issued.
19
(3) The purpose specified under paragraph (1)(f) must include the
20
identification of the facility, premises or vessel in relation to which
21
the warrant is issued.
22
70 Provisions relating to issue of warrant by telephone etc.
23
Scope
24
(1) This clause applies to an application for a warrant under subclause
25
67(1), (2) or (4) if the application is made by telephone, fax or
26
other electronic means.
27
Information
28
(2) Before making the application, an OHS inspector must prepare an
29
information that:
30
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 70
Offshore Petroleum Bill 2005 No. , 2005 535
(a) alleges that the OHS inspector believes on reasonable
1
grounds that there is at a facility or premises or on a vessel
2
any evidential material; and
3
(b) sets out those grounds.
4
(3) The information must be on oath or affirmation. However, the
5
OHS inspector may, if it is necessary to do so, make the
6
application before the information has been sworn or affirmed.
7
Warrant
8
(4) If the Magistrate to whom an application is made is satisfied:
9
(a) after having considered the terms of the information prepared
10
under subclause (2); and
11
(b) after having received such further information (if any) as the
12
Magistrate requires concerning the grounds on which the
13
issue of the warrant is being sought;
14
that there are reasonable grounds for issuing the warrant, the
15
Magistrate must complete and sign such a search warrant.
16
(5) If the Magistrate signs a warrant under subclause (4):
17
(a) the Magistrate must:
18
(i) inform the OHS inspector of the terms of the warrant;
19
and
20
(ii) inform the OHS inspector of the day on which and the
21
time at which the warrant was signed; and
22
(iii) inform the OHS inspector of the day (not more than 7
23
days after the Magistrate completes and signs the
24
warrant) on which the warrant ceases to have effect; and
25
(iv) record on the warrant the reasons for issuing the
26
warrant; and
27
(b) the OHS inspector must:
28
(i) complete a form of warrant in the same terms as the
29
warrant completed and signed by the Magistrate; and
30
(ii) write on it the Magistrate's name and the day on which
31
and the time at which the warrant was signed.
32
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 3 Powers of OHS inspectors in relation to the conduct of inspections
Clause 71
536 Offshore Petroleum Bill 2005 No. , 2005
(6) The OHS inspector must, not later than the day after the date of
1
expiry or execution of the warrant, whichever is the earlier, send to
2
the Magistrate:
3
(a) the form of warrant completed by the OHS inspector; and
4
(b) the information duly sworn or affirmed in connection with
5
the warrant.
6
(7) On receiving the documents referred to in subclause (6), the
7
Magistrate must:
8
(a) attach to them the warrant signed by the Magistrate; and
9
(b) deal with the documents in the way that the Magistrate would
10
have dealt with the information if the application for the
11
warrant had been made otherwise than by telephone, fax or
12
other electronic means.
13
(8) A form of warrant duly completed by an OHS inspector under
14
subclause (5), if it is in accordance with the terms of the warrant
15
signed by the Magistrate, is authority for a seizure or other exercise
16
of a power that the warrant so signed authorises.
17
71 Proceedings involving warrant issued by telephone etc.
18
If:
19
(a) it is material in any proceedings for a court to be satisfied
20
that a seizure or other exercise of power was authorised in
21
accordance with clause 70; and
22
(b) a warrant signed by a Magistrate under clause 70 authorising
23
the seizure or other exercise of power is not produced in
24
evidence;
25
the court is to assume, unless the contrary is proved, that the
26
seizure or other exercise of power was not authorised by such a
27
warrant.
28
72 This Subdivision does not limit other powers
29
(1) This Subdivision does not limit Subdivision A.
30
(2) In particular, this Act does not prevent the concurrent exercise of
31
powers under this Subdivision and Subdivision A.
32
Note
Subdivision A deals with general powers of entry and search.
33
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 73
Offshore Petroleum Bill 2005 No. , 2005 537
(3) This Subdivision does not limit clause 75.
1
Note:
Clause 75 deals with the power to take possession of plant, take
2
samples of substances etc.
3
Subdivision C--Other powers
4
73 Power to require assistance
5
Requirement to provide assistance
6
(1) An OHS inspector may, to the extent that it is reasonably necessary
7
to do so in connection with the conduct of an inspection, require:
8
(a) the operator of a facility; or
9
(b) the person in charge of operations at a workplace in relation
10
to a facility; or
11
(c) a member of the workforce at a facility; or
12
(d) any person representing a person referred to in paragraph (a)
13
or (b);
14
to provide the OHS inspector with reasonable assistance and
15
facilities:
16
(e) that is or are reasonably connected with the conduct of the
17
inspection at or near the facility; or
18
(f) for the effective exercise of the OHS inspector's powers
19
under this Schedule in connection with the conduct of the
20
inspection at or near the facility.
21
(2) The reasonable assistance referred to in subclause (1) includes, so
22
far as the operator of the facility is concerned:
23
(a) appropriate transport to or from the facility for the OHS
24
inspector and for any equipment required by the OHS
25
inspector, or any article of which the OHS inspector has
26
taken possession; and
27
(b) reasonable accommodation and means of subsistence while
28
the OHS inspector is at the facility.
29
Offence
30
(3) A person commits an offence if:
31
(a) the person is subject to a requirement under this clause; and
32
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 3 Powers of OHS inspectors in relation to the conduct of inspections
Clause 74
538 Offshore Petroleum Bill 2005 No. , 2005
(b) the person omits to do an act; and
1
(c) the omission breaches the requirement.
2
Penalty: Imprisonment for 6 months.
3
(4) Subclause (3) does not apply if the person has a reasonable excuse.
4
Note 1:
A defendant bears an evidential burden in relation to the matter in
5
subclause (4)--see subsection 13.3(3) of the Criminal Code.
6
Note 2:
See also Part 2.3 of the Criminal Code (circumstances in which there
7
is no criminal responsibility).
8
74 Power to require the answering of questions and the production
9
of documents or articles
10
Requirement to answer questions
11
(1) If:
12
(a) an OHS inspector believes on reasonable grounds that a
13
person is capable of answering a question that is reasonably
14
connected with the conduct of an inspection; and
15
(b) the person is:
16
(i) the operator of a facility; or
17
(ii) the person in charge of operations at a workplace in
18
relation to a facility; or
19
(iii) a member of the workforce at a facility; or
20
(iv) any person representing a person referred to in
21
subparagraph (i) or (ii);
22
the OHS inspector may, to the extent that it is reasonably necessary
23
to do so in connection with the conduct of the inspection, require
24
the person to answer the question put by the OHS inspector.
25
(2) If, at the time when a requirement under subclause (1) is imposed
26
on a person, the person is not physically present on regulated
27
business premises, the person is not obliged to comply with the
28
requirement unless the requirement:
29
(a) is in writing; and
30
(b) specifies the day on or before which the question is to be
31
answered; and
32
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 74
Offshore Petroleum Bill 2005 No. , 2005 539
(c) is accompanied by a statement to the effect that a failure to
1
comply with the requirement is an offence.
2
The day specified under paragraph (b) must be at least 14 days
3
after the day on which the requirement is imposed.
4
Requirement to produce documents or articles
5
(3) If:
6
(a) an OHS inspector believes on reasonable grounds that a
7
person is capable of producing a document or article that is
8
reasonably connected with the conduct of an inspection; and
9
(b) the person is:
10
(i) the operator of a facility; or
11
(ii) the person in charge of operations at a workplace in
12
relation to a facility; or
13
(iii) a member of the workforce at a facility; or
14
(iv) any person representing a person referred to in
15
subparagraph (i) or (ii);
16
the OHS inspector may, to the extent that it is reasonably necessary
17
to do so in connection with the conduct of the inspection, require
18
the person to produce the document or article.
19
(4) If, at the time when a requirement under subclause (3) is imposed
20
on a person, the person is not physically present on regulated
21
business premises, the person is not obliged to comply with the
22
requirement unless the requirement:
23
(a) is in writing; and
24
(b) specifies the day on or before which the document or article
25
is to be produced; and
26
(c) is accompanied by a statement to the effect that a failure to
27
comply with the requirement is an offence.
28
The day specified under paragraph (b) must be at least 14 days
29
after the day on which the requirement is imposed.
30
Offence
31
(5) A person commits an offence if:
32
(a) the person is subject to a requirement under this clause; and
33
(b) the person omits to do an act; and
34
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 3 Powers of OHS inspectors in relation to the conduct of inspections
Clause 74
540 Offshore Petroleum Bill 2005 No. , 2005
(c) the omission breaches the requirement.
1
Penalty: Imprisonment for 6 months.
2
(6) Subclause (5) does not apply if the person has a reasonable excuse.
3
Note 1:
A defendant bears an evidential burden in relation to the matter in
4
subclause (6)--see subsection 13.3(3) of the Criminal Code.
5
Note 2:
See also Part 2.3 of the Criminal Code (circumstances in which there
6
is no criminal responsibility).
7
False information
8
(7) A person commits an offence if:
9
(a) the person gives information to another person; and
10
(b) the person does so knowing that the information is false or
11
misleading in a material particular; and
12
(c) the information is given in compliance or purported
13
compliance with a requirement under this clause.
14
Penalty: Imprisonment for 6 months.
15
Note:
The same conduct may be an offence against both subclause (7) of this
16
clause and section 137.1 of the Criminal Code.
17
Self-incrimination
18
(8) A person is not excused from answering a question or producing a
19
document or article when required to do so under subclause (1) or
20
(3) on the ground that the answer to the question, or the production
21
of the document or article, may tend to incriminate the person or
22
make the person liable to a penalty.
23
(9) However:
24
(a) the answer given or document or article produced; or
25
(b) answering the question or producing the document or article;
26
or
27
(c) any information, document or thing obtained as a direct or
28
indirect consequence of the answering of the question or the
29
production of the document or article;
30
is not admissible in evidence against the person:
31
(d) in any civil proceedings; or
32
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 75
Offshore Petroleum Bill 2005 No. , 2005 541
(e) in any criminal proceedings other than:
1
(i) proceedings for an offence against this clause; or
2
(ii) proceedings for an offence against section 137.1 or
3
137.2 of the Criminal Code that relates to this clause.
4
75 Power to take possession of plant, take samples of substances etc.
5
Power to take possession or samples
6
(1) In conducting an inspection, an OHS inspector may, to the extent
7
that it is reasonably necessary for the purposes of inspecting,
8
examining, taking measurements of, or conducting tests
9
concerning, any plant, substance or thing at a facility in connection
10
with the inspection:
11
(a) take possession of the plant, substance or thing and remove it
12
from the facility; or
13
(b) take a sample of the substance or thing and remove that
14
sample from the facility.
15
Notice
16
(2) On taking possession of plant, a substance or a thing, or taking a
17
sample of a substance or thing, the OHS inspector must, by written
18
notice, inform:
19
(a) the operator of the facility; and
20
(b) if the plant, substance or thing is used for the performance of
21
work by an employer (other than the operator) of a member
22
or members of the workforce at the facility--that employer;
23
and
24
(c) if the plant, substance or thing is owned by a person other
25
than a person mentioned in paragraph (a) or (b)--that person;
26
and
27
(d) if there is a health and safety representative for a designated
28
work group that includes a member of the workforce who is
29
affected by the matter to which the inspection relates--that
30
representative;
31
of the taking of possession or the taking of the sample, and the
32
reasons for it.
33
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 3 Powers of OHS inspectors in relation to the conduct of inspections
Clause 76
542 Offshore Petroleum Bill 2005 No. , 2005
Display of notice
1
(3) If the OHS inspector gives the notice to the operator of the facility
2
to which the inspection relates, the operator's representative at the
3
facility must cause the notice to be displayed in a prominent place
4
at the workplace from which the plant, substance or thing was
5
removed.
6
Duties of OHS inspector
7
(4) If the OHS inspector takes possession of plant, a substance or a
8
thing at a workplace for the purpose of inspecting, examining,
9
taking measurements of, or conducting tests concerning, the plant,
10
substance or thing, the OHS inspector must:
11
(a) ensure that the inspection, examination, measuring or testing
12
is conducted as soon as practicable; and
13
(b) return it to the workplace as soon as practicable afterwards.
14
(5) As soon as practicable after completing any such inspection,
15
examination, measurement or testing, the OHS inspector must give
16
a written statement setting out the results to each person whom the
17
OHS inspector is required to notify under subclause (2).
18
76 Power to direct that workplace etc. not be disturbed
19
Direction
20
(1) If, in conducting an inspection, an OHS inspector has reasonable
21
grounds to believe that it is reasonably necessary to give a
22
direction in order to:
23
(a) remove an immediate threat to the health or safety of any
24
person; or
25
(b) allow the inspection, examination or taking of measurements
26
of, or conducting of tests concerning, a facility or any plant,
27
substance or thing at the facility;
28
the OHS inspector may, by written notice given to the operator's
29
representative at the facility, direct that the operator must ensure
30
that:
31
(c) a particular workplace; or
32
(d) particular plant, or a particular substance or thing;
33
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 76
Offshore Petroleum Bill 2005 No. , 2005 543
not be disturbed for a period specified in the direction.
1
(2) The period specified in the direction must be a period that the OHS
2
inspector has reasonable grounds to believe is necessary in order to
3
remove the threat or to allow the inspection, examination,
4
measuring or testing to take place.
5
Renewal of direction
6
(3) The direction may be renewed by another direction in the same
7
terms.
8
Display of direction
9
(4) If an OHS inspector gives a notice to the operator's representative
10
under subclause (1), the operator's representative must cause the
11
notice to be displayed in a prominent place at the workplace:
12
(a) that is to be left undisturbed; or
13
(b) where the plant, substance or thing that is to be left
14
undisturbed is located.
15
Notification of direction
16
(5) As soon as practicable after giving the direction, the OHS inspector
17
must take reasonable steps to notify:
18
(a) if the workplace, plant, substance or thing to which the
19
direction relates is owned by a person other than the operator
20
of the facility--that person; and
21
(b) if there is a health and safety representative for a designated
22
work group that includes a group member performing work:
23
(i) at a workplace; or
24
(ii) involving the plant, substance or thing;
25
to which the direction relates--that representative;
26
of the direction and the reasons for giving it.
27
Offence
28
(6) A person commits an offence if:
29
(a) the person is subject to a direction under subclause (1); and
30
(b) the person omits to do an act; and
31
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 3 Powers of OHS inspectors in relation to the conduct of inspections
Clause 77
544 Offshore Petroleum Bill 2005 No. , 2005
(c) the omission breaches the direction.
1
Penalty: 250 penalty units.
2
Reasons
3
(7) A direction under subclause (1) must be accompanied by a
4
statement setting out the reasons for the direction.
5
77 Power to issue prohibition notices
6
Issue of prohibition notice
7
(1) If, having conducted an inspection, an OHS inspector is satisfied
8
on reasonable grounds that it is reasonably necessary to issue a
9
prohibition notice to the operator of a facility in order to remove an
10
immediate threat to the health or safety of any person, the OHS
11
inspector may issue such a notice, in writing, to the operator.
12
(2) The notice must be issued to the operator by giving it to the
13
operator's representative at the facility.
14
(3) The notice must:
15
(a) specify the activity in respect of which, in the OHS
16
inspector's opinion, the threat to health or safety has arisen,
17
and set out the reasons for that opinion; and
18
(b) either:
19
(i) direct the operator to ensure that the activity is not
20
engaged in; or
21
(ii) direct the operator to ensure that the activity is not
22
engaged in a specified manner.
23
(4) A specified manner may relate to any one or more of the following:
24
(a) any workplace, or part of a workplace, at which the activity is
25
not to be engaged in;
26
(b) any plant or substance that is not to be used in connection
27
with the activity;
28
(c) any procedure that is not to be followed in connection with
29
the activity.
30
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 77
Offshore Petroleum Bill 2005 No. , 2005 545
Offence
1
(5) A person commits an offence if:
2
(a) the person is subject to a notice under subclause (1); and
3
(b) the person omits to do an act; and
4
(c) the omission breaches the notice.
5
Penalty: 250 penalty units.
6
OHS inspector to inform operator if action is not adequate
7
(6) If an OHS inspector is satisfied that action taken by the operator to
8
remove the threat to health and safety is not adequate, the OHS
9
inspector must inform the operator accordingly.
10
When notice ceases to have effect
11
(7) The notice ceases to have effect when an OHS inspector notifies
12
the operator that the OHS inspector is satisfied that the operator
13
has taken adequate action to remove the threat to health or safety.
14
Powers of OHS inspector
15
(8) In making a decision under subclause (6), an OHS inspector may
16
exercise such of the powers of an OHS inspector conducting an
17
inspection as the OHS inspector considers necessary for the
18
purposes of making the decision.
19
Notice may specify what is adequate action
20
(9) The notice may specify action that may be taken to satisfy an OHS
21
inspector that adequate action has been taken to remove the threat
22
to health and safety.
23
Duties of operator's representative
24
(10) The operator's representative at the facility must:
25
(a) give a copy of the notice to each health and safety
26
representative (if any) for any designated work group having
27
group members performing work that is affected by the
28
notice; and
29
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 3 Powers of OHS inspectors in relation to the conduct of inspections
Clause 78
546 Offshore Petroleum Bill 2005 No. , 2005
(b) cause a copy of the notice to be displayed at a prominent
1
place at or near each workplace at which that work is
2
performed.
3
Notification of owner
4
(11) If the notice relates to any workplace, plant, substance or thing that
5
is owned by a person other than the operator, the OHS inspector
6
must, upon issuing the notice, give a copy of the notice to that
7
person.
8
78 Power to issue improvement notices
9
Issue of improvement notice
10
(1) If, in conducting an inspection, an OHS inspector believes on
11
reasonable grounds that a person:
12
(a) is contravening a provision of a listed OHS law; or
13
(b) has contravened a provision of a listed OHS law and is likely
14
to contravene that provision again;
15
the OHS inspector may issue an improvement notice, in writing, to
16
the person (the responsible person).
17
(2) If the responsible person is the operator, the improvement notice
18
may be issued to the operator by giving it to the operator's
19
representative at the facility.
20
(3) If the responsible person is an employer (other than the operator)
21
of members of the workforce, but it is not practicable to give the
22
notice to that employer:
23
(a) the improvement notice may be issued to the employer by
24
giving it to the operator's representative at the facility; and
25
(b) if the notice is so issued--the operator must ensure that a
26
copy of the notice is given to the employer as soon as
27
practicable afterwards.
28
Matters to be specified in notice
29
(4) The notice must:
30
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 78
Offshore Petroleum Bill 2005 No. , 2005 547
(a) specify the contravention that the OHS inspector believes is
1
occurring or is likely to occur, and set out the reasons for that
2
belief; and
3
(b) specify a period within which the responsible person is to
4
take the action necessary to prevent any further contravention
5
or to prevent the likely contravention, as the case may be.
6
(5) The period specified in the notice must be reasonable.
7
(6) The notice may specify action that the responsible person is to take
8
during the period specified in the notice.
9
Extension of period
10
(7) If the OHS inspector believes on reasonable grounds that it is
11
appropriate to do so, the OHS inspector may, in writing and before
12
the end of the period, extend the period specified in the notice.
13
Duty of responsible person
14
(8) The responsible person must ensure that the notice is complied
15
with to the extent that it relates to any matter over which the person
16
has control.
17
(9) A person commits an offence if:
18
(a) the person is subject to a requirement under subclause (8);
19
and
20
(b) the person omits to do an act; and
21
(c) the omission breaches the requirement.
22
Penalty: 100 penalty units.
23
Notification of operator's representative
24
(10) If an improvement notice is issued to an employer (other than the
25
operator) of members of the workforce in circumstances other than
26
the circumstance referred to in subclause (3), the employer must
27
immediately ensure that a copy of the notice is given to the
28
operator's representative at the facility.
29
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 3 Powers of OHS inspectors in relation to the conduct of inspections
Clause 78
548 Offshore Petroleum Bill 2005 No. , 2005
Notification of health and safety representative etc.
1
(11) If a notice is issued to the operator or to an employer (other than
2
the operator) of members of the workforce, the operator's
3
representative at the facility must:
4
(a) give a copy of the notice to each health and safety
5
representative for a designated work group having group
6
members performing work that is affected by the notice; and
7
(b) cause a copy of the notice to be displayed in a prominent
8
place at or near each workplace at which the work is being
9
performed.
10
Notification of employer, owner etc.
11
(12) Upon issuing a notice, the OHS inspector must give a copy of the
12
notice to:
13
(a) if the notice is:
14
(i) given to a member of the workforce who is an
15
employee; and
16
(ii) in connection with work performed by the employee;
17
the employer of that employee; and
18
(b) if the notice relates to any workplace, plant, substance or
19
thing that is owned by a person other than:
20
(i) a responsible person; or
21
(ii) a person who is an employer referred to in
22
paragraph (a);
23
that owner; and
24
(c) if the notice is issued to a person who owns any workplace,
25
plant, substance or thing, because of which a contravention
26
of a listed OHS law has occurred or is likely to occur:
27
(i) the operator of the facility; and
28
(ii) if the employer of employees who work in that
29
workplace or who use that plant, substance or thing is a
30
person other than the operator--that employer.
31
Occupational health and safety Schedule 3
Inspections Part 4
Powers of OHS inspectors in relation to the conduct of inspections Division 3
Clause 79
Offshore Petroleum Bill 2005 No. , 2005 549
79 Notices not to be tampered with or removed
1
Tampering with notice
2
(1) A person must not tamper with any notice that has been displayed
3
under subclause 75(3), 76(4), 77(10) or 78(11) while that notice is
4
so displayed.
5
Removal of notice
6
(2) If a notice has been displayed under subclause 75(3), a person must
7
not remove the notice until the plant, substance or thing to which
8
the notice relates is returned to the workplace from which it was
9
removed.
10
(3) If a notice has been displayed under subclause 76(4), 77(10) or
11
78(11), a person must not remove the notice before the notice has
12
ceased to have effect.
13
Offence
14
(4) A person commits an offence if:
15
(a) the person is subject to a requirement under subclause (1), (2)
16
or (3); and
17
(b) the person engages in conduct; and
18
(c) the conduct breaches the requirement.
19
Penalty: 50 penalty units.
20
(5) Subclause (4) does not apply if the person has a reasonable excuse.
21
Note 1:
A defendant bears an evidential burden in relation to the matter in
22
subclause (5)--see subsection 13.3(3) of the Criminal Code.
23
Note 2:
See also Part 2.3 of the Criminal Code (circumstances in which there
24
is no criminal responsibility).
25
(6) An offence against subclause (4) is an offence of strict liability.
26
Note:
For strict liability, see section 6.1 of the Criminal Code.
27
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 4 Reports on inspections
Clause 80
550 Offshore Petroleum Bill 2005 No. , 2005
1
Division 4--Reports on inspections
2
80 Reports on inspections
3
Report to be given to the Safety Authority
4
(1) If an OHS inspector has conducted an inspection, the OHS
5
inspector must, as soon as practicable, prepare a written report
6
relating to the inspection and give the report to the Safety
7
Authority.
8
(2) The report must include:
9
(a) the OHS inspector's conclusions from conducting the
10
inspection and the reasons for those conclusions; and
11
(b) any recommendations that the OHS inspector wishes to make
12
arising from the inspection; and
13
(c) such other matters (if any) as are prescribed.
14
Copies of report to be given to operator and owner etc.
15
(3) As soon as practicable after receiving the report, the Safety
16
Authority must give a copy of the report, together with any written
17
comments that it wishes to make:
18
(a) to the operator of the facility to which the report relates; and
19
(b) if the report relates to activities performed by an employee of
20
another person--to that other person; or
21
(c) if the report relates to any plant, substance or thing owned by
22
another person--to that other person.
23
Details of remedial action etc.
24
(4) The Safety Authority may, in writing, request the operator or any
25
other person to whom a copy of the report is given to provide to the
26
Authority, within a reasonable period specified in the request,
27
details of:
28
(a) any action proposed to be taken as a result of the conclusions
29
or recommendations contained in the report; and
30
Occupational health and safety Schedule 3
Inspections Part 4
Reports on inspections Division 4
Clause 80
Offshore Petroleum Bill 2005 No. , 2005 551
(b) if a notice has been issued under clause 77 or 78 in relation to
1
work being performed for the operator or that other person--
2
any action taken, or proposed to be taken, in respect of that
3
notice;
4
and the operator or that other person must comply with the request.
5
Copies of report etc. to be given to health and safety committee etc.
6
(5) As soon as practicable after receiving a report, the operator of a
7
facility must give a copy of the report, together with any written
8
comment made by the Safety Authority on the report:
9
(a) if there is a least one health and safety committee in respect
10
of some or all of the members of the workforce--to each
11
such committee; and
12
(b) if there is no such committee in respect of some or all of the
13
members of the workforce, but some or all of those members
14
(in respect of which there is no such committee) are in at
15
least one designated work group for which there is a health
16
and safety representative--to each such health and safety
17
representative.
18
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 5 Appeals
Clause 81
552 Offshore Petroleum Bill 2005 No. , 2005
1
Division 5--Appeals
2
3
81 Appeals against decisions of OHS inspectors
4
Appeals to the reviewing authority
5
(1) If an OHS inspector, in conducting an inspection or having
6
conducted an inspection:
7
(a) decides, under clause 39, to confirm or vary a provisional
8
improvement notice; or
9
(b) decides, under clause 75, to take possession of plant, a
10
substance or a thing at a workplace; or
11
(c) decides, under clause 76, to direct that a workplace, a part of
12
a workplace, plant, a substance or a thing not be disturbed; or
13
(d) decides, under clause 77, to issue a prohibition notice; or
14
(e) decides, under clause 77, that the operator of a facility to
15
whom a prohibition notice has been issued has not taken
16
adequate action to remove the threat to health and safety that
17
caused the notice to be issued; or
18
(f) decides, under clause 78, to issue an improvement notice;
19
an appeal against the decision may be made, by written notice, to
20
the reviewing authority by:
21
(g) the operator of the facility, or any employer (other than the
22
operator), who is affected by the decision; or
23
(h) a person to whom a notice has been issued under subclause
24
38(2) or 78(1); or
25
(i) the health and safety representative for a designated work
26
group having a group member affected by the decision; or
27
(j) a workforce representative in relation to the designated work
28
group that includes a group member who is affected by the
29
decision and who has requested the workforce representative
30
to make the appeal; or
31
(k) if there is no such designated work group, and a member of
32
the workforce affected by the decision has requested a
33
workforce representative in relation to the member to make
34
the appeal--that workforce representative; or
35
Occupational health and safety Schedule 3
Inspections Part 4
Appeals Division 5
Clause 81
Offshore Petroleum Bill 2005 No. , 2005 553
(l) a person who owns any workplace, plant, substance or thing
1
to which the decision referred to in paragraph (a), (b), (c) or
2
(f) relates.
3
(2) If an OHS inspector, having conducted an inspection:
4
(a) decides under clause 39 to cancel a provisional improvement
5
notice; or
6
(b) decides under clause 77 that the operator of a facility to
7
whom a prohibition notice has been issued has taken
8
adequate action to remove the threat to health and safety that
9
caused the notice to be issued;
10
an appeal against the decision may be made, by written notice, to
11
the reviewing authority by:
12
(c) the health and safety representative for a designated work
13
group having a group member affected by the decision; or
14
(d) a workforce representative in relation to the designated work
15
group that includes a group member who is affected by the
16
decision and who has requested the workforce representative
17
to make the appeal; or
18
(e) if there is no such designated work group, and a member of
19
the workforce affected by the decision has requested a
20
workforce representative in relation to the member to make
21
the appeal--that workforce representative.
22
Appeal does not affect the operation of a decision
23
(3) Subject to this clause, the making of an appeal against a decision
24
referred to in subclause (1) or (2) does not affect the operation of
25
the decision or prevent the taking of action to implement the
26
decision, except to the extent that the reviewing authority makes an
27
order to the contrary.
28
Suspension of improvement notices etc.
29
(4) If the decision appealed against is a decision under clause 78, to
30
issue an improvement notice, the operation of the decision is
31
suspended pending determination of the appeal, except to the
32
extent that the reviewing authority makes an order to the contrary.
33
Schedule 3 Occupational health and safety
Part 4 Inspections
Division 5 Appeals
Clause 81
554 Offshore Petroleum Bill 2005 No. , 2005
(5) If the decision appealed against is a decision of an OHS inspector,
1
under clause 39, to confirm or vary a provisional improvement
2
notice whose operation has been suspended pending the inspection
3
of the matter to which the notice relates, the operation of the notice
4
is further suspended pending determination of the appeal, except to
5
the extent that the reviewing authority makes an order to the
6
contrary.
7
Reviewing authority's decision on appeal
8
(6) The reviewing authority may:
9
(a) affirm or revoke the decision appealed against under
10
subclause (1) or (2); and
11
(b) if it revokes the decision--substitute such other decision as it
12
thinks appropriate.
13
(7) If the decision is:
14
(a) varied; or
15
(b) revoked; or
16
(c) revoked with the substitution of another decision;
17
the decision is taken to have effect, and always to have had effect,
18
accordingly.
19
Duty of OHS inspector to return plant, substance or thing to the
20
workplace
21
(8) If:
22
(a) the decision appealed against is a decision under clause 75 to
23
take possession of plant, a substance or a thing at a
24
workplace; and
25
(b) the decision is not affirmed;
26
the OHS inspector who made the decision must ensure that, to the
27
extent that the decision is not affirmed, the plant, substance or
28
thing is returned to the workplace as soon as practicable.
29
Occupational health and safety Schedule 3
General provisions Part 5
Clause 82
Offshore Petroleum Bill 2005 No. , 2005 555
1
Part 5--General provisions
2
3
82 Notifying and reporting accidents and dangerous occurrences
4
Duty of operator to notify accidents and dangerous occurrences
5
(1) If, at or near a facility, there is:
6
(a) an accident that causes the death of, or serious injury to, any
7
individual; or
8
(b) an accident that causes a member of the workforce to be
9
incapacitated from performing work for a period prescribed
10
for the purposes of this paragraph; or
11
(c) a dangerous occurrence;
12
the operator must, in accordance with the regulations, give the
13
Safety Authority notice of the accident or dangerous occurrence.
14
(2) Regulations made for the purposes of subclause (1) (other than
15
regulations made for the purposes of paragraph (1)(b)) may
16
prescribe:
17
(a) the time within which, and the manner in which, notice of an
18
accident or dangerous occurrence is to be given; and
19
(b) the form of such a notice.
20
(3) Subclause (2) does not limit regulations that may be made for the
21
purposes of subclause (1).
22
(4) A person commits an offence if:
23
(a) the person is subject to a requirement under subclause (1);
24
and
25
(b) the person omits to do an act; and
26
(c) the omission breaches the requirement.
27
Penalty: 250 penalty units.
28
(5) An offence against subclause (4) is an offence of strict liability.
29
Note:
For strict liability, see section 6.1 of the Criminal Code.
30
Schedule 3 Occupational health and safety
Part 5 General provisions
Clause 82
556 Offshore Petroleum Bill 2005 No. , 2005
Duty of operator to report accidents and dangerous occurrences
1
(6) If, at or near a facility, there is:
2
(a) an accident that causes the death of, or serious injury to, any
3
individual; or
4
(b) an accident that causes a member of the workforce to be
5
incapacitated from performing work for a period prescribed
6
for the purposes of this paragraph; or
7
(c) a dangerous occurrence;
8
the operator must, in accordance with the regulations, give the
9
Safety Authority a report about the accident or dangerous
10
occurrence.
11
(7) Regulations made for the purposes of subclause (6) (other than
12
regulations made for the purposes of paragraph (6)(b)) may
13
prescribe:
14
(a) the time within which, and the manner in which, a report of
15
an accident or dangerous occurrence is to be given; and
16
(b) the form of such a report.
17
(8) Subclause (7) does not limit regulations that may be made for the
18
purposes of subclause (6).
19
Offence
20
(9) A person commits an offence if:
21
(a) the person is subject to a requirement under subclause (6);
22
and
23
(b) the person omits to do an act; and
24
(c) the omission breaches the requirement.
25
Penalty: 100 penalty units.
26
(10) An offence against subclause (9) is an offence of strict liability.
27
Note:
For strict liability, see section 6.1 of the Criminal Code.
28
Occupational health and safety Schedule 3
General provisions Part 5
Clause 83
Offshore Petroleum Bill 2005 No. , 2005 557
83 Records of accidents and dangerous occurrences to be kept
1
Duty of operator
2
(1) The operator of a facility must maintain, in accordance with the
3
regulations, a record of each accident or dangerous occurrence in
4
respect of which the operator is required by clause 82 to notify the
5
Safety Authority.
6
Regulations
7
(2) Regulations made for the purposes of subclause (1) may prescribe:
8
(a) the nature of the contents of a record maintained under this
9
clause; and
10
(b) the period for which such a record must be retained.
11
(3) Subclause (2) does not limit regulations that may be made for the
12
purposes of subclause (1).
13
Offence
14
(4) A person commits an offence if:
15
(a) the person is subject to a requirement under subclause (1);
16
and
17
(b) the person omits to do an act; and
18
(c) the omission breaches the requirement.
19
Penalty: 30 penalty units.
20
(5) An offence against subclause (4) is an offence of strict liability.
21
Note:
For strict liability, see section 6.1 of the Criminal Code.
22
84 Codes of practice
23
(1) The regulations may prescribe codes of practice for the purpose of
24
providing practical guidance to operators of facilities and
25
employers (other than such operators) of members of the
26
workforce at facilities.
27
(2) A person is not liable to any civil or criminal proceedings for
28
contravening a code of practice.
29
Schedule 3 Occupational health and safety
Part 5 General provisions
Clause 85
558 Offshore Petroleum Bill 2005 No. , 2005
85 Use of codes of practice in criminal proceedings
1
Scope
2
(1) This clause applies if, in any proceedings for an offence against a
3
listed OHS law, it is alleged that a person contravened a provision
4
of a listed OHS law in relation to which a code of practice was in
5
effect at the time of the alleged contravention.
6
Admissibility
7
(2) The code of practice is admissible in evidence in those
8
proceedings.
9
Presumption
10
(3) If the court is satisfied, in relation to any matter which it is
11
necessary for the prosecution to prove in order to establish the
12
contravention, that:
13
(a) any provision of the code of practice is relevant to that
14
matter; and
15
(b) the person failed at any material time to comply with that
16
provision of the code of practice;
17
that matter is treated as proved unless the court is satisfied that, in
18
respect of that matter, the person complied with that provision of a
19
listed OHS law otherwise than by complying with the code of
20
practice.
21
86 Interference etc. with equipment etc.
22
(1) A person commits an offence if:
23
(a) the person engages in conduct; and
24
(b) the conduct results in the interference with, or the rendering
25
ineffective of, any equipment or device provided for the
26
health, safety or welfare of members of the workforce at a
27
facility; and
28
(c) the equipment or device was protective equipment or a safety
29
device; and
30
Occupational health and safety Schedule 3
General provisions Part 5
Clause 87
Offshore Petroleum Bill 2005 No. , 2005 559
(d) the person knew (or ought reasonably to have known) that
1
the equipment or device was protective equipment or a safety
2
device.
3
Penalty: Imprisonment for 6 months.
4
(2) Subclause (1) does not apply if the person has a reasonable excuse.
5
Note 1:
A defendant bears an evidential burden in relation to the matter in
6
subclause (2)--see subsection 13.3(3) of the Criminal Code.
7
Note 2:
See also Part 2.3 of the Criminal Code (circumstances in which there
8
is no criminal responsibility).
9
87 Members of workforce not to be levied
10
A person commits an offence if:
11
(a) the person is:
12
(i) the operator of a facility; or
13
(ii) an employer (other than the operator) of members of the
14
workforce at a facility; and
15
(b) the person levies, or permits to be levied, on any member of
16
the workforce at the facility, any charge in relation to
17
anything done or provided in accordance with a listed OHS
18
law in order to ensure the health, safety or welfare of persons
19
at or near the facility.
20
Penalty: 250 penalty units.
21
88 Employer not to dismiss etc. employees on certain grounds
22
(1) An employer (whether the operator or another person) must not:
23
(a) dismiss an employee; or
24
(b) perform an act that results in injury to an employee in his or
25
her employment; or
26
(c) perform an act that prejudicially alters the employee's
27
position (whether by deducting or withholding remuneration
28
or by any other means); or
29
(d) threaten to do any of those things;
30
because the employee:
31
Schedule 3 Occupational health and safety
Part 5 General provisions
Clause 89
560 Offshore Petroleum Bill 2005 No. , 2005
(e) has complained or proposes to complain about a matter
1
concerning the health, safety or welfare of employees at
2
work; or
3
(f) has assisted or proposes to assist, by giving information or
4
otherwise, the conduct of an inspection; or
5
(g) has ceased, or proposes to cease, to perform work, in
6
accordance with a direction by a health and safety
7
representative under paragraph 44(1)(b) or (3)(c), and the
8
cessation or proposed cessation does not continue after:
9
(i) the health and safety representative has agreed with a
10
person supervising the work that the cessation or
11
proposed cessation was not, or is no longer, necessary;
12
or
13
(ii) an OHS inspector has, under subclause 44(5), made a
14
decision that has the effect that the employee should
15
perform the work.
16
Offence
17
(2) A person commits an offence if:
18
(a) the person is subject to a requirement under subclause (1);
19
and
20
(b) the person engages in conduct; and
21
(c) the conduct breaches the requirement.
22
Penalty: 250 penalty units.
23
(3) In proceedings for an offence against subclause (2), if all the
24
relevant facts and circumstances, other than the reason for an
25
action alleged in the charge, are proved, the defendant has the onus
26
of establishing that the action was not taken for that reason.
27
Note:
A defendant bears a legal burden in relation to the matter in
28
subclause (3), see section 13.4 of the Criminal Code.
29
89 Institution of prosecutions
30
Safety Authority or OHS inspector may institute prosecutions
31
(1) Proceedings for an offence against a listed OHS law may be
32
instituted by the Safety Authority or by an OHS inspector.
33
Occupational health and safety Schedule 3
General provisions Part 5
Clause 89
Offshore Petroleum Bill 2005 No. , 2005 561
Request to institute prosecutions
1
(2) A health and safety representative for a designated work group
2
may request the Safety Authority to institute proceedings for an
3
offence against a listed OHS law in relation to the occurrence of an
4
act or omission if:
5
(a) a period of 6 months has elapsed since the act or omission
6
occurred; and
7
(b) the health and safety representative considers that the
8
occurrence of the act or omission constitutes an offence
9
against a listed OHS law; and
10
(c) proceedings in respect of the offence have not been
11
instituted.
12
(3) A workforce representative in relation to a designated work group
13
may request the Safety Authority to institute proceedings for an
14
offence against a listed OHS law in relation to the occurrence of an
15
act or omission if:
16
(a) a period of 6 months has elapsed since the act or omission
17
occurred; and
18
(b) the workforce representative considers that the occurrence of
19
the act or omission constitutes an offence against a listed
20
OHS law; and
21
(c) proceedings in respect of the offence have not been
22
instituted; and
23
(d) a group member included in the group requests the workforce
24
representative to request the Safety Authority to institute the
25
proceedings.
26
(4) A request under subclause (2) or (3) must be in writing.
27
(5) The Safety Authority must, within 3 months after receiving the
28
request, advise the health and safety representative or the
29
workforce representative, as the case may be, whether proceedings
30
under subclause (1) have been or will be instituted and, if not, give
31
reasons why not.
32
Schedule 3 Occupational health and safety
Part 5 General provisions
Clause 90
562 Offshore Petroleum Bill 2005 No. , 2005
90 Conduct of directors, employees and agents
1
Scope
2
(1) This clause has effect for the purposes of a proceeding for an
3
offence against a listed OHS law.
4
State of mind of a body corporate
5
(2) If it is necessary to establish the state of mind of a body corporate
6
in relation to particular conduct, it is sufficient to show:
7
(a) that the conduct was engaged in by a director, employee or
8
agent of the body corporate within the scope of actual or
9
apparent authority; and
10
(b) that the director, employee or agent had the state of mind.
11
Conduct of a body corporate
12
(3) Any conduct engaged in on behalf of a body corporate by a
13
director, employee or agent of the body corporate within the scope
14
of actual or apparent authority is taken to have been engaged in
15
also by the body corporate unless it establishes that it took
16
reasonable precautions and exercised due diligence to avoid the
17
conduct.
18
State of mind of an individual
19
(4) If it is necessary to establish the state of mind of an individual in
20
relation to particular conduct, it is sufficient to show:
21
(a) that the conduct was engaged in by an employee or agent of
22
the individual within the scope of actual or apparent
23
authority; and
24
(b) that the employee or agent had the state of mind.
25
Conduct of an individual
26
(5) Any conduct engaged in on behalf of an individual by an employee
27
or agent of the individual within the scope of actual or apparent
28
authority is taken to have been engaged in also by the individual
29
unless the individual establishes that he or she took reasonable
30
precautions and exercised due diligence to avoid the conduct.
31
Occupational health and safety Schedule 3
General provisions Part 5
Clause 91
Offshore Petroleum Bill 2005 No. , 2005 563
Limitation on imprisonment
1
(6) If:
2
(a) an individual is convicted of an offence; and
3
(b) he or she would not have been convicted of the offence if
4
subclauses (4) and (5) had not been enacted;
5
he or she is not liable to be punished by imprisonment for that
6
offence.
7
Extended meaning of state of mind
8
(7) A reference in subclause (2) or (4) to the state of mind of a person
9
includes a reference to:
10
(a) the person's knowledge, intention, opinion, belief or purpose;
11
and
12
(b) the person's reasons for the intention, opinion, belief or
13
purpose.
14
Disapplication of Part 2.5 of the Criminal Code
15
(8) Part 2.5 of the Criminal Code does not apply to an offence against
16
a listed OHS law.
17
91 Schedule not to give rise to other liabilities etc.
18
This Schedule does not:
19
(a) confer a right of action in any civil proceeding in respect of
20
any contravention of a provision of a listed OHS law; or
21
(b) confer a defence to an action in any civil proceeding or
22
otherwise affect a right of action in any civil proceeding.
23
92 Circumstances preventing compliance may be defence to
24
prosecution
25
It is a defence to a prosecution for refusing or failing to do
26
anything required by a listed OHS law if the defendant proves that
27
it was not practicable to do that thing because of an emergency
28
prevailing at the relevant time.
29
Note:
A defendant bears a legal burden in relation to the matter in this
30
clause--see section 13.4 of the Criminal Code.
31
Schedule 3 Occupational health and safety
Part 5 General provisions
Clause 93
564 Offshore Petroleum Bill 2005 No. , 2005
93 Regulations--general
1
(1) The regulations may prescribe:
2
(a) procedures for the selection of persons, under clause 41, as
3
members of health and safety committees, to represent the
4
interests of members of the workforce at a facility; and
5
(b) procedures to be followed at meetings of health and safety
6
committees; and
7
(c) the manner in which notices are to be served under this
8
Schedule or the regulations; and
9
(d) forms for the purposes of this Schedule or the regulations.
10
(2) Subclause (1) does not limit the power to make regulations.
11
Exemptions
12
(3) If the Minister is satisfied that:
13
(a) a power, function or duty is conferred or imposed on a person
14
under a law of the Commonwealth or of a State or Territory;
15
and
16
(b) the proper exercise of the power or performance of the
17
function or duty is or would be prevented by this Schedule or
18
a provision of this Schedule;
19
regulations made for the purposes of this subclause may declare
20
that this Schedule, or the provision, as the case may be, does not
21
apply to that person, or does not apply to that person in the
22
circumstances specified in the regulations.
23
(4) Regulations made for the purposes of subclause (3) do not remain
24
in force for longer than 5 years after they commence, but this
25
subclause does not prevent the making of further regulations of the
26
same substance.
27
(5) In subclause (3):
28
this Schedule includes regulations made for the purposes of this
29
Schedule.
30
Production licences to which the Royalty Act applies Schedule 4
Introduction Part 1
Clause 1
Offshore Petroleum Bill 2005 No. , 2005 565
1
Schedule 4--Production licences to which the
2
Royalty Act applies
3
Note:
See section 141.
4
Part 1--Introduction
5
6
1 Definitions
7
In this Schedule:
8
lessee's primary entitlement has the meaning given by subclause
9
4(3).
10
permittee's primary entitlement has the meaning given by
11
subclause 2(3).
12
primary production licence means a production licence granted as
13
a result of an application under any of the following provisions:
14
(a) subclause 2(2) of this Schedule;
15
(b) subclause 2(4) of this Schedule;
16
(c) subclause 4(2) of this Schedule;
17
(d) subclause 4(4) of this Schedule;
18
(e) subsection 40(1) or (2) or 40B(2) or (3) of the repealed
19
Petroleum (Submerged Lands) Act 1967.
20
secondary production licence means a production licence granted
21
as a result of an application under either of the following
22
provisions:
23
(a) subclause 2(6) of this Schedule;
24
(b) subclause 4(6) of this Schedule;
25
(c) subsection 40(3) or 40B(4) of the repealed Petroleum
26
(Submerged Lands) Act 1967.
27
Schedule 4 Production licences to which the Royalty Act applies
Part 2 Applying for a production licence
Clause 2
566 Offshore Petroleum Bill 2005 No. , 2005
1
Part 2--Applying for a production licence
2
3
2 Application for production licence by holder of exploration permit
4
to which the Royalty Act applies
5
Scope
6
(1) This clause applies to an exploration permit if the Royalty Act
7
applies to the permit.
8
Note:
The Royalty Act applies to a small number of North West Shelf titles.
9
Application for primary production licence--permittee's primary
10
entitlement
11
(2) If an exploration permit is in force over a block that constitutes, or
12
the blocks that constitute, a location, the permittee may, within the
13
application period, apply to the Designated Authority for the grant
14
by the Joint Authority of a production licence over the block or
15
blocks worked out using the table:
16
17
Production licences to which the Royalty Act applies Schedule 4
Applying for a production licence Part 2
Clause 2
Offshore Petroleum Bill 2005 No. , 2005 567
Permittee's primary entitlement
Item
In this case...
the permittee may apply for
a production licence over...
1
9 or more blocks constitute the
location concerned
5 of those blocks.
2
8 or 7 blocks constitute the
location concerned
4 of those blocks.
3
6 or 5 blocks constitute the
location concerned
3 of those blocks.
4
4 or 3 blocks constitute the
location concerned
2 of those blocks.
5
2 blocks constitute the location
concerned
one of those blocks.
6
one block constitutes the
location concerned
that block.
Note:
For application period, see clause 3.
1
(3) The number of blocks worked out using the table is the permittee's
2
primary entitlement.
3
Application for primary production licence--blocks less than the
4
permittee's primary entitlement
5
(4) If:
6
(a) an exploration permit is in force over blocks that constitute a
7
location; and
8
(b) the permittee has not made an application under
9
subclause (2) for a production licence over the permittee's
10
primary entitlement;
11
the permittee may, within the application period, apply to the
12
Designated Authority for the grant by the Joint Authority of a
13
production licence over a number of those blocks that is less than
14
the permittee's primary entitlement. The permittee is not entitled to
15
make more than one application under this subclause.
16
Note:
For application period, see clause 3.
17
Schedule 4 Production licences to which the Royalty Act applies
Part 2 Applying for a production licence
Clause 2
568 Offshore Petroleum Bill 2005 No. , 2005
Application for variation of production licence
1
(5) If an exploration permittee is granted a production licence as a
2
result of an application under subclause (4), the permittee may,
3
within the application period, make an application, or a series of
4
applications, to the Designated Authority for the variation of the
5
licence so as to include in the licence area any or all of the blocks
6
that:
7
(a) formed part of the permittee's primary entitlement; and
8
(b) were not the subject of the application under subclause (4).
9
Note:
For application period, see clause 3.
10
Application for secondary production licence
11
(6) If:
12
(a) an exploration permittee applies under subclause (2) for a
13
production licence over the permittee's primary entitlement;
14
or
15
(b) all of the following conditions are satisfied:
16
(i) the permittee is the holder of a production licence as a
17
result of an application under subclause (4);
18
(ii) the licence is over some of the blocks forming the
19
permittee's primary entitlement;
20
(iii) the permittee makes an application, or a series of
21
applications, under subclause (5) for the variation of the
22
licence;
23
(iv) the application, or series of applications, under
24
subclause (5) covers the remainder of the blocks
25
forming the permittee's primary entitlement;
26
the permittee may, within the application period, apply to the
27
Designated Authority for the grant by the Joint Authority of a
28
production licence over any of the other blocks forming part of the
29
location concerned.
30
Proposals for work and expenditure
31
(7) An application under this clause must be accompanied by details of
32
the applicant's proposals for work and expenditure in relation to
33
Production licences to which the Royalty Act applies Schedule 4
Applying for a production licence Part 2
Clause 3
Offshore Petroleum Bill 2005 No. , 2005 569
the area comprised in the block or blocks specified in the
1
application.
2
Note 1:
Part 2.10 contains additional provisions about application procedures.
3
Note 2:
Section 222 enables the Designated Authority to require the applicant
4
to give further information.
5
Note 3:
An application under this clause is dealt with under Division 2 of
6
Part 2.4.
7
3 Application period
8
(1) The application period for an application under clause 2 is:
9
(a) the period of 2 years after the day (the declaration day) on
10
which the block that constitutes the location concerned was,
11
or the blocks that constitute the location concerned were,
12
declared to be a location; or
13
(b) such longer period, not more than 4 years after the
14
declaration day, as the Designated Authority allows.
15
(2) The Designated Authority may allow a longer period under
16
paragraph (1)(b) only on written application made by the permittee
17
within the period of 2 years mentioned in paragraph (1)(a).
18
(3) Despite subclause (1), if:
19
(a) an exploration permittee has applied for a retention lease
20
under section 117 over a block or blocks; and
21
(b) a notice refusing to grant the retention lease has been given
22
to the permittee under section 119;
23
the application period for an application made by the permittee
24
under clause 2 for the grant of a production licence over the block
25
or blocks is whichever of the following periods ends last:
26
(c) the period that is applicable under subclause (1);
27
(d) the period of 12 months after the day on which the notice was
28
given.
29
Note:
A failure to make an application within the application period results
30
in revocation of the exploration permit to the extent to which it relates
31
to the block concerned--see clause 8.
32
Schedule 4 Production licences to which the Royalty Act applies
Part 2 Applying for a production licence
Clause 4
570 Offshore Petroleum Bill 2005 No. , 2005
4 Application for production licence by holder of retention lease to
1
which the Royalty Act applies
2
Scope
3
(1) This clause applies to a retention lease if the Royalty Act applies to
4
the lease.
5
Note:
The Royalty Act applies to a small number of North West Shelf titles.
6
Application for primary production licence--lessee's primary
7
entitlement
8
(2) If a retention lease is in force over one or more blocks, the lessee
9
may apply to the Designated Authority for the grant by the Joint
10
Authority of a production licence over the blocks worked out using
11
the table:
12
13
Lessee's primary entitlement
Item
In this case...
the lessee may apply for a
production licence over...
1
The lease is over 9 or more blocks
5 of those blocks.
2
The lease is over 8 or 7 blocks
4 of those blocks.
3
The lease is over 6 or 5 blocks
3 of those blocks.
4
The lease is over 4 or 3 blocks
2 of those blocks.
5
The lease is over 2 blocks
one of those blocks.
6
The lease is over one block
that block.
(3) The number of blocks worked out using the table is the lessee's
14
primary entitlement.
15
Application for primary production licence--blocks less than the
16
lessee's primary entitlement
17
(4) If:
18
(a) a retention lease is in force over one or more blocks; and
19
(b) the lessee has not made an application under subclause (2)
20
for a production licence over the lessee's primary
21
entitlement;
22
Production licences to which the Royalty Act applies Schedule 4
Applying for a production licence Part 2
Clause 4
Offshore Petroleum Bill 2005 No. , 2005 571
the lessee may apply to the Designated Authority for the grant by
1
the Joint Authority of a production licence over a number of those
2
blocks that is less than the lessee's primary entitlement. The lessee
3
is not entitled to make more than one application under this
4
subclause.
5
Application for variation of production licence
6
(5) If a retention lessee is granted a production licence as a result of an
7
application under subclause (4), the lessee may make an
8
application, or a series of applications, to the Designated Authority
9
for the variation of the licence so as to include in the licence area
10
any or all of the blocks that:
11
(a) formed part of the lessee's primary entitlement; and
12
(b) were not the subject of the application under subclause (4).
13
Application for secondary production licence
14
(6) If:
15
(a) a retention lessee applies under subclause (2) for a
16
production licence over the lessee's primary entitlement; or
17
(b) all of the following conditions are satisfied:
18
(i) the lessee is the holder of a production licence as a
19
result of an application under subclause (4);
20
(ii) the licence is over some of the blocks forming the
21
lessee's primary entitlement;
22
(iii) the lessee makes an application, or a series of
23
applications, under subclause (5) for the variation of the
24
licence;
25
(iv) the application, or series of applications, under
26
subclause (5) covers the remainder of the blocks
27
forming the lessee's primary entitlement;
28
the lessee may apply to the Designated Authority for the grant by
29
the Joint Authority of a production licence over any of the other
30
blocks forming part of the lease.
31
Schedule 4 Production licences to which the Royalty Act applies
Part 2 Applying for a production licence
Clause 4
572 Offshore Petroleum Bill 2005 No. , 2005
Proposals for work and expenditure
1
(7) An application under this clause must be accompanied by details of
2
the applicant's proposals for work and expenditure in relation to
3
the area comprised in the block or blocks specified in the
4
application.
5
Note 1:
Part 2.10 contains additional provisions about application procedures.
6
Note 2:
Section 222 enables the Designated Authority to require the applicant
7
to give further information.
8
Note 3:
An application under this clause is dealt with under Division 2 of
9
Part 2.4.
10
Production licences to which the Royalty Act applies Schedule 4
Obtaining a production licence Part 3
Clause 5
Offshore Petroleum Bill 2005 No. , 2005 573
1
Part 3--Obtaining a production licence
2
3
5 Secondary production licence--offer document must specify rate
4
of royalty
5
If an offer document under section 145 relates to an application for
6
a secondary production licence, the offer document must specify
7
the rate of royalty determined by the Joint Authority under
8
subsection 6(2) of the Royalty Act.
9
6 Limit on grant of secondary production licence
10
A secondary production licence may be granted to an exploration
11
permittee or lessee over any one or more of the blocks that
12
constitute a location only if:
13
(a) a primary production licence has been granted over a block
14
or blocks forming part of that location; and
15
(b) the aggregate of:
16
(i) the number of blocks over which the primary production
17
licence was granted; and
18
(ii) the number of blocks included in that production licence
19
because of variations of the licence under clause 7;
20
is the permittee's or lessee's primary entitlement.
21
Schedule 4 Production licences to which the Royalty Act applies
Part 4 Variation of licence area
Clause 7
574 Offshore Petroleum Bill 2005 No. , 2005
1
Part 4--Variation of licence area
2
3
7 Variation of licence area of production licence
4
Variation
5
(1) If:
6
(a) a licensee applies under subclause 2(5) or 4(5) for a variation
7
of the production licence; and
8
(b) the Joint Authority is satisfied that the area comprised in the
9
block, or any one or more of the blocks, specified in the
10
application contains petroleum;
11
the Designated Authority must, by written notice given to the
12
licensee, vary the licence to include in the licence area the block or
13
blocks which the Joint Authority is satisfied contains or contain
14
petroleum.
15
When variation takes effect
16
(2) A variation of a production licence under this clause takes effect on
17
the day on which notice of the variation is published in the Gazette.
18
Effect of variation
19
(3) On and after the day on which a variation of a production licence
20
under this clause has effect:
21
(a) the blocks included in the licence area because of the
22
variation are, for the remainder of the term of the licence,
23
blocks in relation to which the licence is in force; and
24
(b) if the application for variation was made under subclause
25
2(5)--the exploration permit that is in force over those
26
blocks ceases to be in force over those blocks; and
27
(c) if the application for variation was made under subclause
28
4(5)--the retention lease that is in force over those blocks
29
ceases to be in force over those blocks.
30
(4) Paragraph (3)(a) has effect subject to Chapter 2.
31
Production licences to which the Royalty Act applies Schedule 4
What happens if a block is not taken up Part 5
Clause 8
Offshore Petroleum Bill 2005 No. , 2005 575
1
Part 5--What happens if a block is not taken up
2
3
8 Revocation of exploration permit or retention lease to the extent to
4
which it relates to a block not taken up
5
Permittee does not apply for a production licence
6
(1) If:
7
(a) an exploration permittee could apply under clause 2 in
8
relation to a block; and
9
(b) the permittee does not, within the application period, make
10
the application;
11
then:
12
(c) the exploration permit is revoked to the extent to which it
13
relates to that block; and
14
(d) the revocation has effect at the end of the application period.
15
Note:
For application period, see clause 3.
16
Permittee's application lapses
17
(2) If all applications made by an exploration permittee under clause 2
18
in relation to a block have lapsed:
19
(a) the exploration permit is revoked to the extent to which it
20
relates to that block; and
21
(b) the revocation has effect:
22
(i) at the end of the application period; or
23
(ii) on the lapsing of the last of the applications;
24
whichever is the later.
25
Lessee's application lapses
26
(3) If all applications made by a retention lessee under clause 4 in
27
relation to a block have lapsed:
28
(a) the retention lease is revoked to the extent to which it relates
29
to that block; and
30
Schedule 4 Production licences to which the Royalty Act applies
Part 5 What happens if a block is not taken up
Clause 8
576 Offshore Petroleum Bill 2005 No. , 2005
(b) the revocation has effect on the lapsing of the last of those
1
applications.
2
Application for secondary production licence
3
(4) Despite subclauses (1), (2) and (3), if an exploration permittee or
4
lessee applies for a secondary production licence:
5
(a) the exploration permit or retention lease is revoked to the
6
extent to which it relates to any blocks forming part of the
7
location concerned that are not the subject of:
8
(i) that application; or
9
(ii) any application for a primary production licence; or
10
(iii) an application for the variation of a primary production
11
licence; and
12
(b) the revocation has effect on the making of the application.
13
Release of technical information given to the Designated Authority before 7 March
2000 Schedule 5
Clause 1
Offshore Petroleum Bill 2005 No. , 2005 577
1
Schedule 5--Release of technical information
2
given to the Designated Authority
3
before 7 March 2000
4
Note:
See section 431.
5
6
7
1 Simplified outline
8
The following is a simplified outline of this Schedule:
9
·
This Schedule protects the confidentiality of information
10
contained in certain documents given to the Designated
11
Authority before 7 March 2000.
12
·
The information may be disclosed only if this Schedule
13
authorises the disclosure.
14
·
This Schedule authorises disclosure in the following
15
situations:
16
(a)
disclosure of certain basic information given in
17
connection with applications;
18
(b)
disclosure of basic information after the authorised
19
release day;
20
(c)
disclosure of information that is in the public
21
domain;
22
(d)
disclosure of derivative information after 5 years.
23
2 Definitions
24
In this Schedule:
25
applicable document means:
26
Schedule 5 Release of technical information given to the Designated Authority before
7 March 2000
Clause 3
578 Offshore Petroleum Bill 2005 No. , 2005
(a) an application made before 7 March 2000 to the Designated
1
Authority under the repealed Petroleum (Submerged Lands)
2
Act 1967; and
3
(b) a document accompanying such an application; and
4
(c) a report, return or other document that:
5
(i) relates to a block; and
6
(ii) was given before 7 March 2000 to the Designated
7
Authority under the repealed Petroleum (Submerged
8
Lands) Act 1967.
9
authorised release day has the meaning given by subclause 7(2).
10
3 Time of receipt of certain information
11
Drilling of a well
12
(1) For the purposes of this Schedule:
13
(a) well data relating to the drilling of a well; and
14
(b) logs relating to the drilling of a well; and
15
(c) sample descriptions and other documents relating to the
16
drilling of a well;
17
are taken to have been given to the Designated Authority not later
18
than one month after the drilling of the well was, in the Designated
19
Authority's opinion, substantially completed.
20
Geophysical or geochemical surveys
21
(2) For the purposes of this Schedule, geophysical or geochemical data
22
relating to geophysical or geochemical surveys are taken to have
23
been given to the Designated Authority not later than one year after
24
the geophysical or geochemical field work was, in the Designated
25
Authority's opinion, substantially completed.
26
4 Protection of the confidentiality of information
27
Except as provided by this Schedule or for the purposes of the
28
administration of this Act and the regulations:
29
(a) the Designated Authority; or
30
Release of technical information given to the Designated Authority before 7 March
2000 Schedule 5
Clause 5
Offshore Petroleum Bill 2005 No. , 2005 579
(b) a Minister to whom any information has been made available
1
under subclause 5(1) or (2);
2
must not make publicly known, or make available to any person
3
(other than a Minister, a Minister of a State or a Minister of the
4
Northern Territory), any information contained in an applicable
5
document.
6
5 Designated Authority may make information available to a
7
Minister, a State Minister or a Northern Territory
8
Minister
9
(1) The Designated Authority may, at any time, make available to a
10
Minister, a Minister of a State or a Minister of the Northern
11
Territory any information contained in an applicable document that
12
has been given to the Designated Authority.
13
(2) The Designated Authority must, as and when required by the
14
responsible Commonwealth Minister, make available to the
15
responsible Commonwealth Minister any information referred to in
16
subclause (1).
17
6 Disclosure of basic information given in connection with an
18
application
19
The Designated Authority or the responsible Commonwealth
20
Minister may, at any time after the grant or renewal, or refusal to
21
grant or renew, an exploration permit, retention lease, production
22
licence, pipeline licence, access authority or special prospecting
23
authority:
24
(a) make publicly known; or
25
(b) on request by a person and, if the Designated Authority or the
26
responsible Commonwealth Minister so requires, on payment
27
of a fee calculated in accordance with the regulations, make
28
available to that person;
29
any information contained in, or accompanying, the application for
30
the grant or renewal, as the case may be, but not including:
31
(c) information of a kind referred to in subclause 7(1) or 9(1); or
32
(d) details of:
33
Schedule 5 Release of technical information given to the Designated Authority before
7 March 2000
Clause 7
580 Offshore Petroleum Bill 2005 No. , 2005
(i) the technical qualifications of the applicant and of the
1
applicant's employees; or
2
(ii) the technical advice available to the applicant; or
3
(iii) the financial resources available to the applicant.
4
7 Disclosure of basic information after authorised release day
5
(1) The Designated Authority or the responsible Commonwealth
6
Minister may, at any time after the authorised release day:
7
(a) make publicly known; or
8
(b) on request by a person and, if the Designated Authority or the
9
responsible Commonwealth Minister so requires, on payment
10
of a fee calculated in accordance with the regulations, make
11
available to that person;
12
any information that:
13
(c) is contained in an applicable document that has been given to
14
the Designated Authority or has been made available to the
15
responsible Commonwealth Minister under subclause 5(1) or
16
(2); and
17
(d) relates to the seabed or subsoil, or to petroleum, in a block;
18
and
19
(e) in the opinion of the Designated Authority or the responsible
20
Commonwealth Minister, is not a conclusion drawn, in whole
21
or in part, from, or an opinion based, in whole or in part, on,
22
information contained in an applicable document that has
23
been given to the Designated Authority or has been made
24
available to the responsible Commonwealth Minister under
25
subclause 5(1) or (2).
26
Authorised release day
27
(2) The table has effect:
28
29
Release of technical information given to the Designated Authority before 7 March
2000 Schedule 5
Clause 7
Offshore Petroleum Bill 2005 No. , 2005 581
Authorised release day
Item
If the following conditions are satisfied...
the authorised release
day is...
1
(a) the applicable document that contains the
information was given to the Designated
Authority when an exploration permit,
retention lease or production licence was not
in force in relation to the block concerned;
(b) the information was collected for the
purpose of the sale of the information on a
non-exclusive basis
the day determined by
the Designated
Authority (the day
must not be more than
5 years after the day on
which the document
was given to the
Designated Authority).
2
(a) the applicable document that contains the
information was given to the Designated
Authority when an exploration permit,
retention lease or production licence was not
in force in relation to the block concerned;
(b) item 1 does not apply
the day determined by
the Designated
Authority (the day
must not be more than
2 years after the day on
which the document
was given to the
Designated Authority).
3
(a) the applicable document that contains the
information was given to the Designated
Authority when an exploration permit,
retention lease or production licence was in
force in relation to the block concerned;
(b) the permit, lease or licence is subsequently
surrendered, cancelled or revoked (or, in the
case of a licence, subsequently terminated
after the commencement of this subclause)
in relation to the block
the day of the
surrender, cancellation,
or revocation or
termination, as the case
may be, whether or not
another exploration
permit, retention lease
or production licence is
afterwards in force in
relation to the block.
4
(a) the applicable document that contains the
information was given to the Designated
Authority when an exploration permit,
retention lease or production licence was in
force in relation to the block concerned;
(b) the permit, lease or licence subsequently
expires but is not renewed in relation to the
block
the day of the expiry,
whether or not another
exploration permit,
retention lease or
production licence is
afterwards in force in
relation to the block.
Schedule 5 Release of technical information given to the Designated Authority before
7 March 2000
Clause 7
582 Offshore Petroleum Bill 2005 No. , 2005
Authorised release day
Item
If the following conditions are satisfied...
the authorised release
day is...
5
(a) a production licence is in force over the
block concerned;
(b) the applicable document that contains the
information was given to the Designated
Authority when the licence was in force over
the block
the last day of the
period of one year that
began on the day on
which the document
was given to the
Designated Authority.
6
(a) a production licence is in force over the
block concerned;
(b) an exploration permit or retention lease
ceased to be in force over the block, because
of section 148 of this Act or subsection
44(5) of the repealed Petroleum (Submerged
Lands) Act 1967, on the day on which the
licence came into force;
(c) the applicable document that contains the
information was given to the Designated
Authority when the permit or lease was in
force over the block
the last day of the
period of one year that
began on the day on
which the document
was given to the
Designated Authority.
7
(a) an exploration permit or retention lease is in
force over the block concerned;
(b) the applicable document that contains the
information was given to the Designated
Authority when the permit or lease was in
force over the block
the last day of the
period of 2 years that
began on the day on
which the document
was given to the
Designated Authority.
8
(a) a retention lease is in force over the block
concerned;
(b) an exploration permit ceased to be in force
over the block, because of section 121 of
this Act or subsection 38B(7) of the repealed
Petroleum (Submerged Lands) Act 1967, on
the day on which the lease came into force;
(c) the applicable document that contains the
information was given to the Designated
Authority when the permit was in force over
the block
the last day of the
period of 2 years that
began on the day on
which the document
was given to the
Designated Authority.
Release of technical information given to the Designated Authority before 7 March
2000 Schedule 5
Clause 8
Offshore Petroleum Bill 2005 No. , 2005 583
8 Disclosure of information that is in the public domain
1
If:
2
(a) an applicable document was given to the Designated
3
Authority:
4
(i) during or in relation to a period during which an
5
exploration permit, retention lease or production licence
6
was in force in relation to the block; or
7
(ii) during or in relation to a period during which a special
8
prospecting authority or access authority was in force in
9
relation to the block but during which an exploration
10
permit, retention lease or production licence was not in
11
force in relation to the block; and
12
(b) whichever of the following is applicable:
13
(i) if the exploration permit, retention lease, production
14
licence, special prospecting authority or access authority
15
is in force--the permittee, lessee, licensee or holder of
16
the special prospecting authority or access authority;
17
(ii) if the exploration permit, retention lease, production
18
licence, special prospecting authority or access authority
19
has ceased to be in force--the person who was the
20
holder of the exploration permit, retention lease,
21
production licence, special prospecting authority or
22
access authority;
23
has made publicly known any information contained in the
24
document or has consented in writing to any of that
25
information being made publicly known;
26
the Designated Authority or the responsible Commonwealth
27
Minister to whom that information has been made available under
28
subclause 5(1) or (2) may, at any time after that information has
29
been made publicly known or after that consent has been given:
30
(c) make that information publicly known; or
31
(d) on request by any other person and, if the Designated
32
Authority or the responsible Commonwealth Minister so
33
requires, on payment of a fee calculated in accordance with
34
the regulations, make that information available to that other
35
person.
36
Schedule 5 Release of technical information given to the Designated Authority before
7 March 2000
Clause 9
584 Offshore Petroleum Bill 2005 No. , 2005
9 Disclosure of derivative information after 5 years
1
(1) The Designated Authority or the responsible Commonwealth
2
Minister may, at any time after the end of the period of 5 years
3
after an applicable document was given to the Designated
4
Authority:
5
(a) make publicly known; or
6
(b) on request by a person and, if the Designated Authority or the
7
responsible Commonwealth Minister so requires, on payment
8
of a fee calculated in accordance with the regulations, make
9
available to that person;
10
any information that:
11
(c) is contained in the document; and
12
(d) relates to the seabed or subsoil, or to petroleum, in a block;
13
and
14
(e) in the opinion of the Designated Authority or the responsible
15
Commonwealth Minister, is a conclusion drawn, in whole or
16
in part, from, or an opinion based, in whole or in part, on, any
17
information contained in an applicable document that has
18
been given to the Designated Authority or has been made
19
available to the responsible Commonwealth Minister under
20
subclause 5(1) or (2).
21
This subclause has effect subject to subclause (12).
22
(2) This clause applies to information contained in an applicable
23
document that was given to the Designated Authority before or
24
after the commencement of section 31 of the Petroleum
25
(Submerged Lands) Amendment Act 1985.
26
Objection to the disclosure of information
27
(3) Before the Designated Authority or the responsible
28
Commonwealth Minister makes available or publicly known any
29
information under subclause (1), the Designated Authority or the
30
responsible Commonwealth Minister, as the case may be, must:
31
(a) cause to be published in the Gazette a notice:
32
(i) stating that the Designated Authority or the responsible
33
Commonwealth Minister, as the case may be, proposes
34
Release of technical information given to the Designated Authority before 7 March
2000 Schedule 5
Clause 9
Offshore Petroleum Bill 2005 No. , 2005 585
to make the information available or publicly known;
1
and
2
(ii) inviting interested persons to give to the Designated
3
Authority or the responsible Commonwealth Minister,
4
as the case may be, by such day as is specified in the
5
notice (being a day not earlier than 45 days after the
6
publication of the notice), a notice objecting to the
7
whole or any part of the information being made
8
available or publicly known; and
9
(iii) stating that, if a person does not make an objection in
10
accordance with the invitation, the person will be taken
11
to have consented to the information being made
12
available or publicly known; and
13
(b) if it is practicable to do so--cause a copy of the notice so
14
published in the Gazette to be given to the person who
15
provided the document containing the information.
16
(4) The notice of objection must set out the reasons for making the
17
objection.
18
(5) A person is not entitled to make an objection to information being
19
made available or publicly known except on the grounds that to do
20
so would disclose:
21
(a) a trade secret; or
22
(b) any other information the disclosure of which would, or
23
could reasonably be expected to, adversely affect the person
24
in relation to the lawful business, commercial or financial
25
affairs of the person.
26
Decision on objection
27
(6) If a person makes an objection to the Designated Authority or the
28
responsible Commonwealth Minister in accordance with such an
29
invitation, the Designated Authority or the responsible
30
Commonwealth Minister must, within 45 days after the receipt of
31
the notice of objection, consider the objection, and may:
32
(a) allow it wholly; or
33
(b) allow it partly and disallow the remainder of it; or
34
(c) disallow it wholly;
35
Schedule 5 Release of technical information given to the Designated Authority before
7 March 2000
Clause 9
586 Offshore Petroleum Bill 2005 No. , 2005
and must cause to be given to the person written notice of the
1
decision on the objection.
2
Review of decision on objection
3
(7) A notice of a decision of the Designated Authority for a State or
4
the Northern Territory on an objection must include a statement to
5
the effect that, if the relevant person is dissatisfied with the
6
decision of the Designated Authority on the objection, the person
7
may, in accordance with subclause (8), request the responsible
8
Commonwealth Minister to review the decision.
9
(8) A person who:
10
(a) has made an objection to the Designated Authority for a State
11
or the Northern Territory; and
12
(b) is dissatisfied with the decision on the objection;
13
may, by written notice given to the responsible Commonwealth
14
Minister not later than 30 days after the day on which the notice of
15
the decision referred to in subclause (6) was given to the person,
16
request the responsible Commonwealth Minister to review the
17
decision.
18
(9) The notice of request must set out the reasons for making the
19
request.
20
(10) The responsible Commonwealth Minister must, within 45 days
21
after the receipt of the request, review the decision, and may make
22
a decision:
23
(a) in substitution for the first-mentioned decision, whether in
24
the same terms as the first-mentioned decision or not; or
25
(b) revoking the first-mentioned decision.
26
(11) If, as a result of a review under subclause (10), the responsible
27
Commonwealth Minister makes a decision under subclause (10) in
28
substitution for, or revoking, a decision, the responsible
29
Commonwealth Minister must, by written notice given to the
30
person who made the request under subclause (8) for the review:
31
(a) inform the person of the result of the review; and
32
(b) give reasons for the subclause (10) decision.
33
Release of technical information given to the Designated Authority before 7 March
2000 Schedule 5
Clause 10
Offshore Petroleum Bill 2005 No. , 2005 587
Information not to be disclosed if objection is in force
1
(12) The Designated Authority or the responsible Commonwealth
2
Minister must not make available or publicly known any
3
information under subclause (1) if there is in force an objection
4
made in relation to the information being made available or
5
publicly known. However, if such an objection is in force, this
6
Schedule does not prevent a further invitation under subclause (3)
7
being made in relation to the information.
8
10 Transitional--section 118 of the repealed Petroleum (Submerged
9
Lands) Act 1967
10
(1) After the commencement of this clause, section 118 of the repealed
11
Petroleum (Submerged Lands) Act 1967 ceases to apply in relation
12
to information contained in an applicable document.
13
(2) Subclause (1) has effect despite item 142 of Schedule 1 to the
14
Petroleum (Submerged Lands) Legislation Amendment Act (No. 1)
15
2000.
16
(3) A reference in Schedule 6 to a provision of the Petroleum
17
(Submerged Lands) Act 1967 includes a reference to section 118 of
18
the repealed Petroleum (Submerged Lands) Act 1967 as that
19
section continued to apply, before the commencement of this
20
clause, because of item 142 of Schedule 1 to the Petroleum
21
(Submerged Lands) Legislation Amendment Act (No. 1) 2000.
22
Schedule 6 Transitional provisions
Part 1 Basic provisions
Clause 1
588 Offshore Petroleum Bill 2005 No. , 2005
1
Schedule 6--Transitional provisions
2
Note:
See section 450.
3
Part 1--Basic provisions
4
5
1 Definitions
6
In this Schedule:
7
corresponding provision: in determining whether a provision is a
8
corresponding provision:
9
(a) regard must be had to the substance of the provision; and
10
(b) if the provision appears to have expressed the same idea in a
11
different form of words for the purpose of using a clearer
12
style--disregard the difference.
13
eligible instrument means regulations, a declaration, a
14
determination, a direction, an agreement, a delegation, an approval,
15
an appointment, a notice or any other instrument, but does not
16
include an old title.
17
old title means:
18
(a) an exploration permit under Division 2 of Part III of the
19
Petroleum (Submerged Lands) Act 1967; or
20
(b) a retention lease under Division 2A of Part III of the
21
Petroleum (Submerged Lands) Act 1967; or
22
(c) a production licence under:
23
(i) Division 3 of Part III of the Petroleum (Submerged
24
Lands) Act 1967; or
25
(ii) section 148 of the Petroleum (Submerged Lands) Act
26
1967; or
27
(d) an infrastructure licence under Division 3A of Part III of the
28
Petroleum (Submerged Lands) Act 1967; or
29
(e) a pipeline licence under Division 4 of Part III of the
30
Petroleum (Submerged Lands) Act 1967; or
31
(f) a special prospecting authority under section 111 of the
32
Petroleum (Submerged Lands) Act 1967; or
33
Transitional provisions Schedule 6
Basic provisions Part 1
Clause 2
Offshore Petroleum Bill 2005 No. , 2005 589
(g) an access authority under section 112 of the Petroleum
1
(Submerged Lands) Act 1967; or
2
(h) a scientific investigation consent under section 123 of the
3
Petroleum (Submerged Lands) Act 1967.
4
2 Re-enactment of the Petroleum (Submerged Lands) Act 1967
5
This Act re-enacts the Petroleum (Submerged Lands) Act 1967
6
with certain modifications.
7
Note:
Section 15AC of the Acts Interpretation Act 1901 provides that if an
8
Act has expressed an idea in a particular form of words, and a later
9
Act appears to have expressed the same idea in a different form of
10
words for the purpose of using a clearer style, the ideas shall not be
11
taken to be different merely because different forms of words were
12
used.
13
3 Old titles continue in force
14
(1) To avoid doubt, an old title does not lapse merely because of the
15
repeal of the Petroleum (Submerged Lands) Act 1967.
16
(2) An old title continues in force subject to, and in accordance with,
17
the provisions of this Act.
18
Note:
This Act includes provisions about the duration of titles.
19
4 Transitional--eligible instruments
20
(1) This clause applies to an eligible instrument if:
21
(a) the eligible instrument was in force immediately before the
22
commencement of this clause; and
23
(b) the eligible instrument was made or given under, or for the
24
purposes of, a particular provision of the Petroleum
25
(Submerged Lands) Act 1967.
26
(2) The eligible instrument has effect, after the commencement of this
27
clause, as if:
28
(a) it had been made or given under, or for the purposes of, the
29
corresponding provision of this Act; and
30
(b) any requirement imposed by this Act or the Legislative
31
Instruments Act 2003 in relation to the making or giving of
32
Schedule 6 Transitional provisions
Part 1 Basic provisions
Clause 5
590 Offshore Petroleum Bill 2005 No. , 2005
the eligible instrument (including a requirement about the
1
form of words) had been satisfied.
2
(3) If:
3
(a) under the eligible instrument, a particular act or thing was
4
required, permitted or proposed to be done within, or at the
5
end of, a particular period; and
6
(b) if the Petroleum (Submerged Lands) Act 1967 had not been
7
repealed, that period would have:
8
(i) begun before the commencement of this clause; and
9
(ii) ended after the commencement of this clause;
10
this Act and the eligible instrument have effect, after the
11
commencement of this clause, as if the act or thing was required,
12
permitted or proposed to be done within, or at the end of:
13
(c) if that period was one month--whichever is the longer of:
14
(i) 30 days; or
15
(ii) one month; or
16
(d) if that period was 3 months--whichever is the longer of:
17
(i) 90 days; or
18
(ii) 3 months; or
19
(e) in any other case--that period;
20
instead of the period that would otherwise be applicable.
21
5 Transitional--acts or things done before commencement
22
(1) This clause applies to an act or thing (other than the grant of an old
23
title or the making or giving of an eligible instrument) if:
24
(a) the act or thing was done before the commencement of this
25
clause; and
26
(b) the act or thing was done under, or for the purposes of, a
27
particular provision of the Petroleum (Submerged Lands) Act
28
1967.
29
(2) The act or thing has effect, after the commencement of this clause,
30
as if it had been done under, or for the purposes of, the
31
corresponding provision of this Act.
32
Transitional provisions Schedule 6
Basic provisions Part 1
Clause 6
Offshore Petroleum Bill 2005 No. , 2005 591
6 Transitional--conditions of old titles
1
In a condition of an old title, the expression the Act includes this
2
Act.
3
7 Translation of references in documents
4
(1) The responsible Commonwealth Minister may, by writing, make
5
any or all of the following declarations in relation to a specified
6
document:
7
(a) that the document has effect, after the commencement of this
8
clause, as if a specified reference, or each reference other
9
than a specified reference, in the document to the Petroleum
10
(Submerged Lands) Act 1967 included a reference to this
11
Act;
12
(b) that the document has effect, after the commencement of this
13
clause, as if a specified reference, or each reference other
14
than a specified reference, in the document to a particular
15
provision of the Petroleum (Submerged Lands) Act 1967
16
included a reference to the corresponding provision of this
17
Act or the Royalty Act;
18
(c) that the document has effect, after the commencement of this
19
clause, as if a specified reference, or each reference other
20
than a specified reference, in the document to regulations
21
under the Petroleum (Submerged Lands) Act 1967 included a
22
reference to regulations under this Act;
23
(d) that the document has effect, after the commencement of this
24
clause, as if a specified reference, or each reference other
25
than a specified reference, in the document to a particular
26
provision of regulations under the Petroleum (Submerged
27
Lands) Act 1967 included a reference to the corresponding
28
provision of regulations under this Act;
29
(e) that the document has effect, after the commencement of this
30
clause, as if a specified reference, or each reference other
31
than a specified reference, in the document to an adjacent
32
area within the meaning of the Petroleum (Submerged Lands)
33
Act 1967 were a reference to the corresponding offshore area
34
within the meaning of this Act;
35
Schedule 6 Transitional provisions
Part 1 Basic provisions
Clause 7
592 Offshore Petroleum Bill 2005 No. , 2005
(f) that the document has effect, after the commencement of this
1
clause, as if a specified reference, or each reference other
2
than a specified reference, in the document to the
3
relinquished area within the meaning of the Petroleum
4
(Submerged Lands) Act 1967 were a reference to the
5
corresponding vacated area within the meaning of this Act;
6
(g) that the document has effect, after the commencement of this
7
clause, as if a specified reference, or each reference other
8
than a specified reference, in the document to the Petroleum
9
(Submerged Lands) (Royalty) Act 1967 included a reference
10
to the Royalty Act;
11
(h) that the document has effect, after the commencement of this
12
clause, as if a specified reference, or each reference other
13
than a specified reference, in the document to a particular
14
provision of the Petroleum (Submerged Lands) (Royalty) Act
15
1967 included a reference to the corresponding provision of
16
the Royalty Act or Part 4.6 of this Act;
17
(i) that the document has effect, after the commencement of this
18
clause, as if a specified reference, or each reference other
19
than a specified reference, in the document to the Petroleum
20
(Submerged Lands) (Registration Fees) Act 1967 included a
21
reference to the Registration Fees Act;
22
(j) that the document has effect, after the commencement of this
23
clause, as if a specified reference, or each reference other
24
than a specified reference, in the document to a particular
25
provision of the Petroleum (Submerged Lands) (Registration
26
Fees) Act 1967 included a reference to the corresponding
27
provision of the Registration Fees Act or Part 4.6 of this Act;
28
(k) that the document has effect, after the commencement of this
29
clause, as if a specified reference, or each reference other
30
than a specified reference, in the document to regulations
31
under the Petroleum (Submerged Lands) (Registration Fees)
32
Act 1967 included a reference to regulations under the
33
Registration Fees Act;
34
(l) that the document has effect, after the commencement of this
35
clause, as if a specified reference, or each reference other
36
than a specified reference, in the document to a particular
37
provision of regulations under the Petroleum (Submerged
38
Lands) (Registration Fees) Act 1967 included a reference to
39
Transitional provisions Schedule 6
Basic provisions Part 1
Clause 7
Offshore Petroleum Bill 2005 No. , 2005 593
the corresponding provision of regulations under the
1
Registration Fees Act;
2
(m) that the document has effect, after the commencement of this
3
clause, as if a specified reference, or each reference other
4
than a specified reference, in the document to the Petroleum
5
(Submerged Lands) Fees Act 1994 included a reference to the
6
Annual Fees Act;
7
(n) that the document has effect, after the commencement of this
8
clause, as if a specified reference, or each reference other
9
than a specified reference, in the document to a particular
10
provision of the Petroleum (Submerged Lands) Fees Act
11
1994 included a reference to the corresponding provision of
12
the Annual Fees Act or Part 4.6 of this Act;
13
(o) that the document has effect, after the commencement of this
14
clause, as if a specified reference, or each reference other
15
than a specified reference, in the document to regulations
16
under the Petroleum (Submerged Lands) Fees Act 1994
17
included a reference to regulations under the Annual Fees
18
Act;
19
(p) that the document has effect, after the commencement of this
20
clause, as if a specified reference, or each reference other
21
than a specified reference, in the document to a particular
22
provision of regulations under the Petroleum (Submerged
23
Lands) Fees Act 1994 included a reference to the
24
corresponding provision of regulations under the Annual
25
Fees Act.
26
Note 1:
For specification by class, see subsection 13(3) of the Legislative
27
Instruments Act 2003.
28
Note 2:
For specification of more than one document, or more than one
29
reference, see paragraph 23(b) of the Acts Interpretation Act 1901.
30
(2) A declaration under subclause (1) has effect accordingly.
31
(3) A declaration under subclause (1) is a legislative instrument for the
32
purposes of the Legislative Instruments Act 2003.
33
Note:
This means that the declaration could be disallowed by either House
34
of the Parliament.
35
(4) This clause does not authorise the imposition of taxation within the
36
meaning of section 55 of the Constitution.
37
Schedule 6 Transitional provisions
Part 1 Basic provisions
Clause 8
594 Offshore Petroleum Bill 2005 No. , 2005
(5) In this clause:
1
document includes:
2
(a) an eligible instrument; and
3
(b) an old title.
4
8 Transitional regulations
5
(1) The Governor-General may make regulations in relation to
6
transitional matters arising out of the repeal of the Petroleum
7
(Submerged Lands) Act 1967.
8
(2) The Governor-General may make regulations in relation to
9
transitional matters arising out of the repeal of the Petroleum
10
(Submerged Lands) (Royalty) Act 1967.
11
(3) The Governor-General may make regulations in relation to
12
transitional matters arising out of the repeal of the Petroleum
13
(Submerged Lands) (Registration Fees) Act 1967.
14
(4) The Governor-General may make regulations in relation to
15
transitional matters arising out of the repeal of the Petroleum
16
(Submerged Lands) Fees Act 1994.
17
(5) This clause does not authorise the imposition of taxation within the
18
meaning of section 55 of the Constitution.
19
Transitional provisions Schedule 6
Specific provisions Part 2
Clause 9
Offshore Petroleum Bill 2005 No. , 2005 595
1
Part 2--Specific provisions
2
3
9 Joint Authority
4
(1) A Joint Authority for an offshore area under this Act is, for all
5
purposes, a continuation of the Joint Authority for the
6
corresponding adjacent area under the Petroleum (Submerged
7
Lands) Act 1967.
8
(2) Despite the repeal of subsections 8D(4) and (5) of the Petroleum
9
(Submerged Lands) Act 1967, those subsections continue to apply,
10
in relation to a record or document signed before the
11
commencement of this clause, as if that repeal had not happened.
12
Note 1:
Subsection 8D(4) of the Petroleum (Submerged Lands) Act 1967 deals
13
with the evidentiary effect of signed records of the decisions of a Joint
14
Authority.
15
Note 2:
Subsection 8D(5) of the Petroleum (Submerged Lands) Act 1967 deals
16
with the legal effect of documents signed, on behalf of the Joint
17
Authority, by the Designated Authority.
18
10 Joint Authority for an external Territory
19
(1) This clause applies to an act or thing that was done:
20
(a) by, or in relation to, the Designated Authority for an adjacent
21
area of an external Territory under the Petroleum
22
(Submerged Lands) Act 1967; and
23
(b) in, or in connection with, the performance of the functions, or
24
the exercise of the powers, referred to in subsection 8G(1) of
25
that Act.
26
(2) The act or thing has effect, after the commencement of this clause,
27
as if it had been done by, or in relation to, the Joint Authority for
28
the corresponding offshore area under this Act.
29
11 Designated Authority
30
A Designated Authority for an offshore area under this Act is, for
31
all purposes, a continuation of the Designated Authority for the
32
Schedule 6 Transitional provisions
Part 2 Specific provisions
Clause 12
596 Offshore Petroleum Bill 2005 No. , 2005
corresponding adjacent area under the Petroleum (Submerged
1
Lands) Act 1967.
2
12 Chief Executive Officer of the National Offshore Petroleum
3
Safety Authority
4
The office of Chief Executive Officer of the National Offshore
5
Petroleum Safety Authority under this Act is, for all purposes, a
6
continuation of the office of Chief Executive Officer of the
7
National Offshore Petroleum Safety Authority under the Petroleum
8
(Submerged Lands) Act 1967.
9
13 Project inspectors
10
(1) This clause applies to an appointment of a person as an inspector in
11
respect of an adjacent area if:
12
(a) the appointment was in force immediately before the
13
commencement of this clause; and
14
(b) the appointment was made under section 125 of the
15
Petroleum (Submerged Lands) Act 1967.
16
(2) The appointment has effect, after the commencement of this
17
clause, as if it had been an appointment of the person as a project
18
inspector under section 318 of this Act in respect of the
19
corresponding offshore area.
20
14 Offshore area
21
The offshore area of a State or Territory under this Act corresponds
22
to the area which, immediately before the repeal of the Petroleum
23
(Submerged Lands) Act 1967, was the adjacent area in respect of
24
that State or Territory determined in accordance with section 5A of
25
that Act.
26
15 Registers
27
(1) A Register for an offshore area under this Act is, for all purposes, a
28
continuation of the Register for the corresponding adjacent area
29
under the Petroleum (Submerged Lands) Act 1967.
30
Transitional provisions Schedule 6
Specific provisions Part 2
Clause 16
Offshore Petroleum Bill 2005 No. , 2005 597
(2) Subsection 297(1) of this Act has effect as if the reference in that
1
subsection to Chapter 3 of this Act included a reference to
2
Division 5 of Part III of the Petroleum (Submerged Lands) Act
3
1967.
4
Note:
Subsection 297(1) of this Act deals with the reception in evidence of a
5
Register.
6
(3) Despite the repeal of subsection 87(2) of the Petroleum
7
(Submerged Lands) Act 1967, that subsection continues to apply, in
8
relation to a copy or extract certified before the commencement of
9
this clause, as if that repeal had not happened.
10
Note:
Subsection 87(2) of the Petroleum (Submerged Lands) Act 1967 deals
11
with the evidentiary effect of certified copies and extracts.
12
(4) Despite the repeal of subsection 87(3) of the Petroleum
13
(Submerged Lands) Act 1967, that subsection continues to apply, in
14
relation to a certificate given before the commencement of this
15
clause, as if that repeal had not happened.
16
Note:
Subsection 87(3) of the Petroleum (Submerged Lands) Act 1967 is
17
about evidentiary certificates.
18
16 Registration fees--transfer
19
(1) This clause applies if, before the commencement of this clause:
20
(a) an application for approval of a transfer of a title was made
21
under section 78 of the Petroleum (Submerged Lands) Act
22
1967; and
23
(b) a payment was made in relation to the approval as mentioned
24
in subsection 78(9) of that Act; and
25
(c) the Designated Authority had not entered in the Register a
26
memorandum of the transfer.
27
(2) Subsection 262(3) of this Act has effect, in relation to the approval,
28
as if that payment had been the payment mentioned in that
29
subsection.
30
17 Registration fees--dealings
31
(1) This clause applies if, before the commencement of this clause:
32
(a) either:
33
Schedule 6 Transitional provisions
Part 2 Specific provisions
Clause 18
598 Offshore Petroleum Bill 2005 No. , 2005
(i) an application for approval of a dealing was made under
1
section 81 of the Petroleum (Submerged Lands) Act
2
1967; or
3
(ii) a provisional application for approval of a dealing was
4
made under section 81A of the Petroleum (Submerged
5
Lands) Act 1967; and
6
(b) a payment was made in relation to the approval as mentioned
7
in subsection 81(12) of that Act; and
8
(c) the Designated Authority had not made an entry in the
9
Register of the approval.
10
(2) Subsection 276(3) of this Act has effect, in relation to the approval,
11
as if that payment had been the payment mentioned in that
12
subsection.
13
18 Retention and inspection of documents
14
(1) This clause applies if a provision of Division 5 of Part III of the
15
Petroleum (Submerged Lands) Act 1967 required that a particular
16
document be:
17
(a) retained by the Designated Authority; and
18
(b) made available for inspection in accordance with that
19
Division.
20
(2) The document must be:
21
(a) retained by the Designated Authority; and
22
(b) made available for inspection in accordance with Chapter 3
23
of this Act.
24
19 Assessment of registration fee
25
Section 298 of this Act has effect as if:
26
(a) each reference in that section to the Registration Fees Act
27
included a reference to the Petroleum (Submerged Lands)
28
(Registration Fees) Act 1967; and
29
(b) the reference in paragraph (2)(b) of that section to
30
section 293 of this Act included a reference to subsection
31
82(1) of the Petroleum (Submerged Lands) Act 1967.
32
Transitional provisions Schedule 6
Specific provisions Part 2
Clause 20
Offshore Petroleum Bill 2005 No. , 2005 599
20 Payments by the Commonwealth to the States and the Northern
1
Territory
2
(1) Despite the repeal of subsections 129(1), (2), (2A) and (3) of the
3
Petroleum (Submerged Lands) Act 1967, those subsections
4
continue to apply, in relation to an amount received by the
5
Commonwealth before the commencement of this clause, as if that
6
repeal had not happened.
7
(2) Despite the repeal of subsections 129(1A), (2A) and (3) of the
8
Petroleum (Submerged Lands) Act 1967, those subsections
9
continue to apply, in relation to an amount that became payable
10
under Part III of that Act before the commencement of this clause,
11
as if that repeal had not happened.
12
(3) If, apart from this subclause, the same amount would be counted
13
for the purposes of a provision of section 129 of the Petroleum
14
(Submerged Lands) Act 1967 and for the purposes of the
15
corresponding provision of this Act, the amount is to be counted
16
only for the purposes of one of those provisions.
17
(4) Section 55 of this Act has effect, in relation to an amount received
18
by the Commonwealth, as if:
19
(a) the reference in subparagraph (1)(a)(i) of that section to this
20
Act included a reference to the Petroleum (Submerged
21
Lands) Act 1967; and
22
(b) the reference in subparagraph (1)(a)(ii) of that section to the
23
Annual Fees Act included a reference to the Petroleum
24
(Submerged Lands) Fees Act 1994; and
25
(c) the reference in subparagraph (1)(a)(iii) of that section to the
26
Registration Fees Act included a reference to the Petroleum
27
(Submerged Lands) (Registration Fees) Act 1967.
28
21 Adjustment to period required or allowed for doing an act or
29
thing etc.
30
30 days
31
(1) If:
32
Schedule 6 Transitional provisions
Part 2 Specific provisions
Clause 21
600 Offshore Petroleum Bill 2005 No. , 2005
(a) under a particular provision of the Petroleum (Submerged
1
Lands) Act 1967, a particular act or thing was required or
2
permitted to be done within a period of one month; and
3
(b) if that Act had not been repealed, the period of one month
4
would have:
5
(i) begun before the commencement of this clause; and
6
(ii) ended after the commencement of this clause; and
7
(c) under the corresponding provision of this Act, the act or
8
thing is required or permitted to be done within 30 days; and
9
(d) the period of one month is longer than the period of 30 days;
10
this Act has effect as if the act or thing was required or permitted to
11
be done within the period of one month instead of within the period
12
of 30 days.
13
(2) If:
14
(a) under a particular provision of the Petroleum (Submerged
15
Lands) Act 1967, the Joint Authority or the Designated
16
Authority was required to give not less than one month's
17
notice of something; and
18
(b) the Joint Authority or the Designated Authority gave notice
19
before the commencement of this clause; and
20
(c) if that Act had not been repealed, the period of one month
21
would have:
22
(i) begun before the commencement of this clause; and
23
(ii) ended after the commencement of this clause; and
24
(d) under the corresponding provision of this Act, the Joint
25
Authority or the Designated Authority is required to give at
26
least 30 days notice of that thing; and
27
(e) the period of one month is longer than the period of 30 days;
28
this Act has effect as if the Joint Authority or the Designated
29
Authority had been required to give at least one month's notice of
30
that thing instead of at least 30 days notice.
31
90 days
32
(3) If:
33
Transitional provisions Schedule 6
Specific provisions Part 2
Clause 22
Offshore Petroleum Bill 2005 No. , 2005 601
(a) under a particular provision of the Petroleum (Submerged
1
Lands) Act 1967, a particular act or thing was required or
2
permitted to be done within a period of 3 months; and
3
(b) if that Act had not been repealed, the period of 3 months
4
would have:
5
(i) begun before the commencement of this clause; and
6
(ii) ended after the commencement of this clause; and
7
(c) under the corresponding provision of this Act, the act or
8
thing is required or permitted to be done within 90 days; and
9
(d) the period of 3 months is longer than the period of 90 days;
10
this Act has effect as if the act or thing was required or permitted to
11
be done within the period of 3 months instead of within the period
12
of 90 days.
13
180 days
14
(4) If:
15
(a) under a particular provision of the Petroleum (Submerged
16
Lands) Act 1967, a particular act or thing was required or
17
permitted to be done within a period of 6 months; and
18
(b) if that Act had not been repealed, the period of 6 months
19
would have:
20
(i) begun before the commencement of this clause; and
21
(ii) ended after the commencement of this clause; and
22
(c) under the corresponding provision of this Act, the act or
23
thing is required or permitted to be done within 180 days;
24
this Act has effect as if the act or thing was required or permitted to
25
be done within the period of 6 months instead of within the period
26
of 180 days.
27
22 Old titles--continuation in force beyond date of expiry
28
(1) This clause applies if, immediately before the commencement of
29
this clause, an old title was being continued in force beyond its
30
date of expiry subject to, and in accordance with, a particular
31
provision of the Petroleum (Submerged Lands) Act 1967.
32
(2) The old title continues in force subject to, and in accordance with,
33
the corresponding provision of this Act.
34
Schedule 6 Transitional provisions
Part 2 Specific provisions
Clause 23
602 Offshore Petroleum Bill 2005 No. , 2005
Note:
For example, see subsection 32(8) of the Petroleum (Submerged
1
Lands) Act 1967 and subsection 97(5) of this Act.
2
23 Renewal of exploration permits
3
(1) The reference in item 1 of the table in subsection 100(2) of this Act
4
to subsection 82(1) of this Act includes a reference to subsection
5
20(1) of the Petroleum (Submerged Lands) Act 1967.
6
Note:
Item 1 is about invitations to apply for the grant of an exploration
7
permit.
8
(2) Sections 103 and 104 of this Act have effect, in relation to an
9
application for the renewal of an exploration permit that is an old
10
title, as if:
11
(a) each reference in those sections to Chapter 2, Chapter 3,
12
Chapter 4 or Part 5.1 of this Act included a reference to
13
Part III of the Petroleum (Submerged Lands) Act 1967; and
14
(b) each reference in those sections to regulations under this Act
15
included a reference to regulations under the Petroleum
16
(Submerged Lands) Act 1967.
17
24 Renewal of retention leases
18
Sections 130 and 131 of this Act have effect, in relation to an
19
application for the renewal of a retention lease that is an old title,
20
as if:
21
(a) each reference in those sections (other than subsection
22
131(8)) to Chapter 2, Chapter 3, Chapter 4 or Part 5.1 of this
23
Act included a reference to Part III of the Petroleum
24
(Submerged Lands) Act 1967; and
25
(b) each reference in those sections to regulations under this Act
26
included a reference to the regulations under the Petroleum
27
(Submerged Lands) Act 1967.
28
25 Grant of production licences over individual blocks
29
Section 155 of this Act has effect as if a production licence granted
30
as a result of an application under section 51 of the Petroleum
31
(Submerged Lands) Act 1967 had been granted under section 155
32
of this Act.
33
Transitional provisions Schedule 6
Specific provisions Part 2
Clause 26
Offshore Petroleum Bill 2005 No. , 2005 603
26 Renewal of fixed-term production licences
1
Sections 157 and 158 of this Act have effect, in relation to an
2
application for the renewal of a fixed-term production licence that
3
is an old title, as if:
4
(a) each reference in those sections to Chapter 2, Chapter 3,
5
Chapter 4 or Part 5.1 of this Act included a reference to
6
Part III of the Petroleum (Submerged Lands) Act 1967; and
7
(b) each reference in those sections to regulations under this Act
8
included a reference to the regulations under the Petroleum
9
(Submerged Lands) Act 1967.
10
27 Grant of pipeline licences
11
Sections 187 and 188 of this Act have effect, in relation to an
12
application for the grant of a pipeline licence in a case where the
13
applicant is the licensee of a production licence that is an old title,
14
as if:
15
(a) each reference in those sections to Chapter 2, Chapter 3,
16
Chapter 4 or Part 5.1 of this Act included a reference to
17
Part III of the Petroleum (Submerged Lands) Act 1967; and
18
(b) each reference in those sections to regulations under this Act
19
included a reference to the regulations under the Petroleum
20
(Submerged Lands) Act 1967.
21
28 Requirement to provide further information in connection with
22
application for title
23
Section 222 of this Act has effect as if a requirement under any of
24
the following provisions of the Petroleum (Submerged Lands) Act
25
1967 were a requirement under subsection 222(2) of this Act:
26
(a) subsection 21(4);
27
(b) subsection 22A(6);
28
(c) subsection 23(5);
29
(d) subsection 38A(3);
30
(e) subsection 38BB(3);
31
(f) subsection 38F(4);
32
(g) subsection 41(2);
33
Schedule 6 Transitional provisions
Part 2 Specific provisions
Clause 29
604 Offshore Petroleum Bill 2005 No. , 2005
(h) subsection 47(7);
1
(i) subsection 59B(3);
2
(j) subsection 59K(3);
3
(k) subsection 64(4);
4
(l) subsection 71(3).
5
29 Revocation of exploration permits, retention leases, production
6
licences and access authorities
7
(1) If an exploration permit or retention lease was wholly determined
8
under the Petroleum (Submerged Lands) Act 1967, this Act has
9
effect as if the permit or lease had been wholly revoked.
10
(2) If an exploration permit or retention lease was partly determined to
11
a particular extent under the Petroleum (Submerged Lands) Act
12
1967, this Act has effect as if the permit or lease had been partly
13
revoked to that extent.
14
(3) If a production licence was determined under the Petroleum
15
(Submerged Lands) Act 1967, this Act has effect as if the licence
16
had been revoked.
17
(4) If a retention lease was cancelled under section 38E of the
18
Petroleum (Submerged Lands) Act 1967, this Act has effect as if
19
the lease had been revoked.
20
(5) If an access authority was cancelled under the Petroleum
21
(Submerged Lands) Act 1967, this Act has effect as if the authority
22
had been revoked.
23
30 Surrender of title
24
Section 233 of this Act has effect, in relation to the surrender of an
25
old title, as if:
26
(a) the reference in subparagraph (3)(a)(i) of that section to this
27
Act included a reference to the Petroleum (Submerged
28
Lands) Act 1967; and
29
(b) the reference in subparagraph (3)(a)(ii) of that section to the
30
Royalty Act included a reference to the Petroleum
31
(Submerged Lands) (Royalty) Act 1967; and
32
Transitional provisions Schedule 6
Specific provisions Part 2
Clause 31
Offshore Petroleum Bill 2005 No. , 2005 605
(c) the reference in subparagraph (3)(a)(iii) of that section to the
1
Annual Fees Act included a reference to the Petroleum
2
(Submerged Lands) Fees Act 1994; and
3
(d) each reference in paragraphs (3)(b) and (5)(a) of that section
4
to Chapter 2, Chapter 3, Chapter 4 or Part 5.1 of this Act
5
included a reference to Part III of the Petroleum (Submerged
6
Lands) Act 1967; and
7
(e) each reference in paragraphs (3)(b) and (5)(a) of that section
8
to regulations under this Act included a reference to
9
regulations under the Petroleum (Submerged Lands) Act
10
1967.
11
31 Cancellation of old titles
12
Sections 237 and 240 of this Act have effect, in relation to the
13
cancellation of an old title, as if:
14
(a) each reference in those sections to Chapter 2, Chapter 3,
15
Chapter 4 or Part 5.1 of this Act included a reference to
16
Part III of the Petroleum (Submerged Lands) Act 1967; and
17
(b) each reference in those sections to regulations under this Act
18
included a reference to regulations under the Petroleum
19
(Submerged Lands) Act 1967; and
20
(c) each reference in those sections to this Act included a
21
reference to the Petroleum (Submerged Lands) Act 1967; and
22
(d) each reference in those sections to the Royalty Act included a
23
reference to the Petroleum (Submerged Lands) (Royalty) Act
24
1967; and
25
(e) each reference in those sections to the Annual Fees Act
26
included a reference to the Petroleum (Submerged Lands)
27
Fees Act 1994.
28
32 Commencement of works or operations
29
(1) This clause applies if, immediately before the commencement of
30
this clause, an instrument under subsection 96(2) of the Petroleum
31
(Submerged Lands) Act 1967 was in force in relation to:
32
(a) an exploration permit; or
33
(b) a retention lease; or
34
Schedule 6 Transitional provisions
Part 2 Specific provisions
Clause 33
606 Offshore Petroleum Bill 2005 No. , 2005
(c) an infrastructure licence; or
1
(d) a pipeline licence.
2
(2) The instrument ceases to be in force at the commencement of this
3
clause.
4
(3) Subsection 300(2) of this Act has effect, in relation to the permit,
5
lease or licence, as if the period specified in the instrument under
6
paragraph 96(2)(b) of the Petroleum (Submerged Lands) Act 1967
7
had been allowed by the Designated Authority under paragraph
8
300(2)(b) of this Act.
9
33 Deduction of debts from proceeds of sale of property
10
Subsection 314(2) of this Act has effect as if:
11
(a) the reference in that subsection to this Act included a
12
reference to the Petroleum (Submerged Lands) Act 1967; and
13
(b) the reference in that subsection to the Royalty Act included a
14
reference to the Petroleum (Submerged Lands) (Royalty) Act
15
1967; and
16
(c) the reference in that subsection to the Annual Fees Act
17
included a reference to the Petroleum (Submerged Lands)
18
Fees Act 1994.
19
34 Authorised persons
20
(1) This clause applies if, immediately before the commencement of
21
this clause, an authorisation under subsection 140A(4) of the
22
Petroleum (Submerged Lands) Act 1967 was in force in relation to
23
a person or a person included in a class of persons.
24
(2) This Act has effect as if the Designated Authority had made a
25
declaration under subsection 328(2) of this Act in relation to that
26
person, or a person included in that class of persons, as the case
27
requires.
28
Transitional provisions Schedule 6
Specific provisions Part 2
Clause 35
Offshore Petroleum Bill 2005 No. , 2005 607
35 Release of regulatory information
1
Section 419 of this Act has effect as if the reference in that section
2
to this Act included a reference to the Petroleum (Submerged
3
Lands) Act 1967.
4
36 Release of technical information--deemed time of receipt of
5
certain information and samples
6
Drilling of a well
7
(1) For the purposes of Part 5.3 of this Act:
8
(a) cores and cuttings relating to the drilling of a well; and
9
(b) well data relating to the drilling of a well; and
10
(c) logs relating to the drilling of a well; and
11
(d) sample descriptions and other documents relating to the
12
drilling of a well;
13
are taken to have been given to the Designated Authority not later
14
than 30 days after the drilling of the well was, in the Designated
15
Authority's opinion, substantially completed.
16
(2) Subsection (1) does not apply in relation to the drilling of a well
17
unless the drilling of the well was, in the Designated Authority's
18
opinion, substantially completed before 4 June 2004.
19
Geophysical or geochemical surveys
20
(3) For the purposes of Part 5.3 of this Act, geophysical or
21
geochemical data relating to geophysical or geochemical surveys
22
are taken to have been given to the Designated Authority not later
23
than one year after the geophysical or geochemical field work was,
24
in the Designated Authority's opinion, substantially completed.
25
(4) Subsection (3) does not apply in relation to a geophysical or
26
geochemical survey unless the geophysical or geochemical field
27
work was, in the Designated Authority's opinion, substantially
28
completed before 4 June 2004.
29
Schedule 6 Transitional provisions
Part 2 Specific provisions
Clause 37
608 Offshore Petroleum Bill 2005 No. , 2005
37 Liability for acts and omissions
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Despite the repeal of section 140AA of the Petroleum (Submerged
2
Lands) Act 1967, that section continues to apply, in relation to an
3
act or matter done or omitted to be done before the commencement
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of this clause, as if that repeal had not happened.
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38 Reconsideration and review of decisions
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Sections 434 and 435 of this Act have effect as if:
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(a) each reference in those sections to a reviewable delegated
8
decision included a reference to a relevant decision within the
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meaning of section 152 of the Petroleum (Submerged Lands)
10
Act 1967; and
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(b) each reference in those sections to a reviewable Ministerial
12
decision included a reference to a reviewable decision within
13
the meaning of section 152 of the Petroleum (Submerged
14
Lands) Act 1967.
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39 Meaning of petroleum in the Petroleum (Submerged Lands) Act
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1967
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Disregard the definition of petroleum in section 6 of this Act in
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determining the meaning that the expression petroleum has or had
19
in the Petroleum (Submerged Lands) Act 1967.
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40 OHS inspections
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Clause 49 of Schedule 3 has effect, after the commencement of this
22
clause, as if the following paragraphs were inserted after each of
23
paragraphs (1)(c) and (2)(c) of that clause:
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(d) to ascertain whether the requirements of, or any requirements
25
properly made under:
26
(i) Schedule 7 to the repealed Petroleum (Submerged
27
Lands) Act 1967 (as in force before the commencement
28
of this paragraph); or
29
(ii) the regulations (within the meaning of Schedule 7 to the
30
repealed Petroleum (Submerged Lands) Act 1967 as in
31
force before 1 January 2005); or
32
Transitional provisions Schedule 6
Specific provisions Part 2
Clause 41
Offshore Petroleum Bill 2005 No. , 2005 609
(iii) regulations set out in or prescribed for the purposes of
1
subsection 140H(2) of the repealed Petroleum
2
(Submerged Lands) Act 1967 as in force during the
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period that began on 1 January 2005 and ended
4
immediately before the commencement of this
5
paragraph;
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were being complied with before the commencement of this
7
paragraph; or
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(e) concerning a contravention, or possible contravention, before
9
the commencement of this paragraph, of:
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(i) Schedule 7 to the repealed Petroleum (Submerged
11
Lands) Act 1967 (as in force before the commencement
12
of this paragraph); or
13
(ii) the regulations (within the meaning of Schedule 7 to the
14
repealed Petroleum (Submerged Lands) Act 1967 as in
15
force before 1 January 2005); or
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(iii) regulations set out in or prescribed for the purposes of
17
subsection 140H(2) of the repealed Petroleum
18
(Submerged Lands) Act 1967 as in force during the
19
period that began on 1 January 2005 and ended
20
immediately before the commencement of this
21
paragraph; or
22
(f) concerning an accident or dangerous occurrence that has
23
happened, before the commencement of this paragraph, in the
24
performing of work (within the meaning of Schedule 7 to the
25
repealed Petroleum (Submerged Lands) Act 1967 as in force
26
before the commencement of this paragraph).
27
41 OHS prosecutions
28
Clause 89 of Schedule 3 has effect, after the commencement of this
29
clause, as if each reference in that clause to a listed OHS law
30
included a reference to:
31
(a) Schedule 7 to the repealed Petroleum (Submerged Lands) Act
32
1967 as in force before the commencement of this clause;
33
and
34
(b) the regulations within the meaning of that Schedule as in
35
force before 1 January 2005.
36
Schedule 6 Transitional provisions
Part 2 Specific provisions
Clause 42
610 Offshore Petroleum Bill 2005 No. , 2005
42 Disqualification of health and safety representatives
1
Subclause 32(2) of Schedule 3 to this Act has effect as if:
2
(a) the reference in that subclause to subclause 34(1) of that
3
Schedule included a reference to the corresponding provision
4
of Schedule 7 to the repealed Petroleum (Submerged Lands)
5
Act 1967; and
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(b) the reference in that subclause to Schedule 3 to this Act
7
included a reference to Schedule 7 to the repealed Petroleum
8
(Submerged Lands) Act 1967.
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Offshore Petroleum Bill 2005 No. , 2005 1
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