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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Offshore
Petroleum (Safety Levies) Bill 2003
No.
, 2003
(Industry, Tourism and
Resources)
A Bill for an Act to impose
safety investigation levy, safety case levy, and pipeline safety management plan
levy, in relation to offshore petroleum facilities
Contents
A Bill for an Act to impose safety investigation levy,
safety case levy, and pipeline safety management plan levy, in relation to
offshore petroleum facilities
The Parliament of Australia enacts:
This Act may be cited as the Offshore Petroleum (Safety Levies) Act
2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
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 11 |
1 January 2005. |
1 January 2005. |
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
In this Act, unless the contrary intention appears:
applicable State or Territory safety law means:
(a) in relation to the designated coastal waters of a State—the
State safety law of that State; or
(b) in relation to the designated coastal waters of the Northern
Territory—the Territory safety law.
Commonwealth waters has the same meaning as in Part IIIC
of the Petroleum (Submerged Lands) Act 1967.
designated coastal waters, in relation to a State or
the Northern Territory, has the same meaning as in Part IIIC of the
Petroleum (Submerged Lands) Act 1967.
OHS inspector has the same meaning as in Part IIIC of
the Petroleum (Submerged Lands) Act 1967.
pipeline safety management plan levy means levy imposed by
section 9 or 10.
Safety Authority means the National Offshore Petroleum Safety
Authority established by Part IIIC of the Petroleum (Submerged Lands)
Act 1967.
safety case levy means levy imposed by section 7 or
8.
safety investigation levy means levy imposed by
section 5 or 6.
State PSLA has the same meaning as in Part IIIC of the
Petroleum (Submerged Lands) Act 1967.
State safety law means the provisions of a State PSLA that
substantially correspond to Schedule 7 to the Petroleum (Submerged
Lands) Act 1967.
Territory PSLA has the same meaning as in Part IIIC of
the Petroleum (Submerged Lands) Act 1967.
Territory safety law means the provisions of the Territory
PSLA that substantially correspond to Schedule 7 to the Petroleum
(Submerged Lands) Act 1967.
year means a 12-month period beginning on
1 January.
This Act extends to each external Territory to which the Petroleum
(Submerged Lands) Act 1967 extends.
Note: See section 7 of the Petroleum (Submerged
Lands) Act 1967.
(1) If:
(a) a notifiable accident or occurrence happens in relation to a facility
located in Commonwealth waters; and
(b) an OHS inspector begins to conduct an inspection in relation to the
notifiable accident or occurrence; and
(c) the condition or conditions specified in the regulations are
satisfied;
levy is imposed on the notifiable accident or occurrence.
(2) Levy imposed by subsection (1) is to be known as safety
investigation levy.
(3) Safety investigation levy imposed by subsection (1) is payable by
the operator of the facility.
(4) Safety investigation levy is not payable under subsection (1)
unless regulations are in force for the purposes of
paragraph (1)(c).
Note: For collection of safety investigation levy, see
section 150ZZV of the Petroleum (Submerged Lands) Act
1967.
Amount of safety investigation levy
(5) The amount of safety investigation levy imposed by subsection (1)
in respect of a notifiable accident or occurrence is the amount that is
specified in, or worked out in accordance with, the regulations.
(6) The regulations may specify different amounts of safety investigation
levy, or different means of working out amounts of safety investigation levy, in
relation to different kinds of notifiable accident or occurrence.
(7) Subsection (6) does not limit subsection 33(3A) of the Acts
Interpretation Act 1901.
Definitions
(8) In this section:
accident has the same meaning as in Schedule 7 to the
Petroleum (Submerged Lands) Act 1967.
dangerous occurrence has the same meaning as in
Schedule 7 to the Petroleum (Submerged Lands) Act 1967.
facility has the same meaning as in Schedule 7 to the
Petroleum (Submerged Lands) Act 1967.
inspection has the same meaning as in Schedule 7 to the
Petroleum (Submerged Lands) Act 1967.
notifiable accident or occurrence, in relation to a facility,
means an accident or dangerous occurrence:
(a) at or near the facility; and
(b) that is required to be notified to the Safety Authority by the
operator under clause 41 of Schedule 7 to the Petroleum (Submerged
Lands) Act 1967.
operator, in relation to a facility, has the same meaning as
in Schedule 7 to the Petroleum (Submerged Lands) Act 1967.
(1) If:
(a) a notifiable accident or occurrence happens in relation to a facility
located in the designated coastal waters of a State or of the Northern
Territory; and
(b) an OHS inspector begins to conduct an inspection in relation to the
notifiable accident or occurrence; and
(c) the condition or conditions specified in the regulations are
satisfied;
levy is imposed on the notifiable accident or occurrence.
(2) Levy imposed by subsection (1) is to be known as safety
investigation levy.
(3) Safety investigation levy imposed by subsection (1) is payable by
the operator of the facility.
(4) Safety investigation levy is not payable under subsection (1)
unless regulations are in force for the purposes of
paragraph (1)(c).
Note: For collection of safety investigation levy, see
section 150ZZV of the Petroleum (Submerged Lands) Act
1967.
Amount of safety investigation levy
(5) The amount of safety investigation levy imposed by subsection (1)
in respect of a notifiable accident or occurrence is the amount that is
specified in, or worked out in accordance with, the regulations.
(6) The regulations may specify different amounts of safety investigation
levy, or different means of working out amounts of safety investigation levy, in
relation to different kinds of notifiable accident or occurrence.
(7) Subsection (6) does not limit subsection 33(3A) of the Acts
Interpretation Act 1901.
Definitions
(8) For the purposes of the application of this section in relation to the
designated coastal waters of a State or of the Northern Territory:
accident has the same meaning as in the applicable State or
Territory safety law.
dangerous occurrence has the same meaning as in the
applicable State or Territory safety law.
facility has the same meaning as in the applicable State or
Territory safety law.
inspection has the same meaning as in the applicable State or
Territory safety law.
notifiable accident or occurrence, in relation to a facility,
means an accident or dangerous occurrence:
(a) at or near the facility; and
(b) that is required to be notified to the Safety Authority by the
operator under the provision of the applicable State or Territory safety law
that substantially corresponds to clause 41 of Schedule 7 to the
Petroleum (Submerged Lands) Act 1967.
operator, in relation to a facility, has the same meaning as
in the applicable State or Territory safety law.
(1) If:
(a) either:
(i) at the start of a year, a safety case is in force in relation to a
facility; or
(ii) a safety case is in force in relation to a facility during a part of
a year, but is not in force at the start of that year; and
(b) the facility is located, or proposed to be located, in Commonwealth
waters;
levy is imposed on the safety case in respect of:
(c) if subparagraph (a)(i) applies—that year; or
(d) if subparagraph (a)(ii) applies—that part of that
year.
(2) Levy imposed by subsection (1) is to be known as safety
case levy.
(3) Safety case levy imposed by subsection (1) is payable by the
operator of the facility.
Note: For collection of safety case levy, see
section 150ZZVA of the Petroleum (Submerged Lands) Act
1967.
Amount of safety case levy
(4) The amount of safety case levy imposed by subsection (1) in
respect of a year is the amount that is specified in, or worked out in
accordance with, the regulations.
(5) The amount of safety case levy imposed by subsection (1) in
respect of a part of a year is the amount that is worked out in accordance with
the regulations.
(6) The regulations may specify different amounts of safety case levy, or
different means of working out amounts of safety case levy, in relation to
different kinds of facilities.
(7) Subsection (6) does not limit subsection 33(3A) of the Acts
Interpretation Act 1901.
Definitions
(8) In this section:
facility has the same meaning as in Schedule 7 to the
Petroleum (Submerged Lands) Act 1967, and includes a proposed
facility.
operator, in relation to a facility, has the same meaning as
in Schedule 7 to the Petroleum (Submerged Lands) Act 1967.
proposed facility has the same meaning as in Schedule 7
to the Petroleum (Submerged Lands) Act 1967.
safety case in force in relation to a facility has the same
meaning as in the Petroleum (Submerged Lands) (Management of Safety on
Offshore Facilities) Regulations 1996.
(1) If:
(a) either:
(i) at the start of a year, a safety case is in force in relation to a
facility; or
(ii) a safety case is in force in relation to a facility during a part of
a year, but is not in force at the start of that year; and
(b) the facility is located, or proposed to be located, in the designated
coastal waters of a State or of the Northern Territory;
levy is imposed on the safety case in respect of:
(c) if subparagraph (a)(i) applies—that year; or
(d) if subparagraph (a)(ii) applies—that part of that
year.
(2) Levy imposed by subsection (1) is to be known as safety
case levy.
(3) Safety case levy imposed by subsection (1) is payable by the
operator of the facility.
Note: For collection of safety case levy, see
section 150ZZVA of the Petroleum (Submerged Lands) Act
1967.
Amount of safety case levy
(4) The amount of safety case levy imposed by subsection (1) in
respect of a year is the amount that is specified in, or worked out in
accordance with, the regulations.
(5) The amount of safety case levy imposed by subsection (1) in
respect of a part of a year is the amount that is worked out in accordance with
the regulations.
(6) The regulations may specify different amounts of safety case levy, or
different means of working out amounts of safety case levy, in relation to
different kinds of facilities.
(7) Subsection (6) does not limit subsection 33(3A) of the Acts
Interpretation Act 1901.
Definitions
(8) For the purposes of the application of this section in relation to the
designated coastal waters of a State or of the Northern Territory:
facility has the same meaning as in the applicable State or
Territory safety law, and includes a proposed facility.
operator, in relation to a facility, has the same meaning as
in the applicable State or Territory safety law.
proposed facility has the same meaning as in the applicable
State or Territory safety law.
safety case in force in relation to a facility has the same
meaning as in regulations of that State or Territory that substantially
correspond to the Petroleum (Submerged Lands) (Management of Safety on
Offshore Facilities) Regulations 1996.
(1) If:
(a) either:
(i) at the start of a year, a pipeline safety management plan is in force
in relation to a pipeline; or
(ii) a pipeline safety management plan is in force in relation to a
pipeline during a part of a year, but is not in force at the start of that year;
and
(b) the pipeline is located, or proposed to be located, in Commonwealth
waters; and
(c) the pipeline is covered by a pipeline licence;
levy is imposed on the pipeline safety management plan in respect
of:
(d) if subparagraph (a)(i) applies—that year; or
(e) if subparagraph (a)(ii) applies—that part of that
year.
(2) Levy imposed by subsection (1) is to be known as pipeline
safety management plan levy.
(3) Pipeline safety management plan levy imposed by subsection (1) is
payable by the licensee of the pipeline licence.
Note: For collection of pipeline safety management plan
levy, see section 150ZZVB of the Petroleum (Submerged Lands) Act
1967.
Amount of pipeline safety management plan levy
(4) The amount of pipeline safety management plan levy imposed by
subsection (1) in respect of a year is the amount that is specified in, or
worked out in accordance with, the regulations.
(5) The amount of pipeline safety management plan levy imposed by
subsection (1) in respect of a part of a year is the amount that is worked
out in accordance with the regulations.
(6) The regulations may specify different amounts of pipeline safety
management plan levy, or different means of working out amounts of pipeline
safety management plan levy, in relation to different kinds of
pipelines.
(7) Subsection (6) does not limit subsection 33(3A) of the Acts
Interpretation Act 1901.
Definitions
(8) In this section:
pipeline has the same meaning as in the Petroleum
(Submerged Lands) Act 1967, and includes a pipeline that is:
(a) proposed to be constructed or operated; or
(b) being constructed.
pipeline licence has the same meaning as in the Petroleum
(Submerged Lands) Act 1967.
pipeline safety management plan in force in relation to a
pipeline has the same meaning as in the Petroleum (Submerged Lands)
(Pipelines) Regulations 2001.
(1) If:
(a) either:
(i) at the start of a year, a pipeline safety management plan is in force
in relation to a pipeline; or
(ii) a pipeline safety management plan is in force in relation to a
pipeline during a part of a year, but is not in force at the start of that year;
and
(b) the pipeline is located, or proposed to be located, in the designated
coastal waters of a State or of the Northern Territory; and
(c) the pipeline is covered by a pipeline licence;
levy is imposed on the pipeline safety management plan in respect
of:
(d) if subparagraph (a)(i) applies—that year; or
(e) if subparagraph (a)(ii) applies—that part of that
year.
(2) Levy imposed by subsection (1) is to be known as pipeline
safety management plan levy.
(3) Pipeline safety management plan levy imposed by subsection (1) is
payable by the licensee of the pipeline licence.
Note: For collection of pipeline safety management plan
levy, see section 150ZZVB of the Petroleum (Submerged Lands) Act
1967.
Amount of pipeline safety management plan levy
(4) The amount of pipeline safety management plan levy imposed by
subsection (1) in respect of a year is the amount that is specified in, or
worked out in accordance with, the regulations.
(5) The amount of pipeline safety management plan levy imposed by
subsection (1) in respect of a part of a year is the amount that is worked
out in accordance with the regulations.
(6) The regulations may specify different amounts of pipeline safety
management plan levy, or different means of working out amounts of pipeline
safety management plan levy, in relation to different kinds of
pipelines.
(7) Subsection (6) does not limit subsection 33(3A) of the Acts
Interpretation Act 1901.
Definitions
(8) For the purposes of the application of this section in relation to the
designated coastal waters of a State or of the Northern Territory:
pipeline has the same meaning as in the applicable State or
Territory safety law, and includes a pipeline that is:
(a) proposed to be constructed or operated; or
(b) being constructed.
pipeline licence has the same meaning as in the applicable
State or Territory safety law.
pipeline safety management plan in force in relation to a
pipeline has the same meaning as in regulations of that State or
Territory that substantially correspond to the Petroleum (Submerged Lands)
(Pipelines) Regulations 2001.
The Governor-General may make regulations for the purposes of
sections 5, 6, 7, 8, 9 and 10.