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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 465

Monitoring information may be made publicly available

Scope

  (1)   This section applies to information that:

  (a)   is held by the Commonwealth; and

  (b)   relates to the monitoring of the behaviour of a greenhouse gas substance stored in a part of a geological formation, where the part   is wholly or partly situated in one or more offshore areas.

Information may be made publicly available

  (2)   The regulations may authorise the responsible Commonwealth Minister to make the information publicly available.

  This Act sets up a system for regulating the following activities in offshore areas:

  (a)   exploration for petroleum;

  (b)   recovery of petroleum;

  (c)   construction and operation of infrastructure facilities relating to petroleum or greenhouse gas substances;

  (d)   construction and operation of pipelines for conveying petroleum or greenhouse gas substances;

  (e)   exploration for potential greenhouse gas storage formations;

  (f)   injection and storage of greenhouse gas substances.

  An offshore area:

  (a)   starts 3 nautical miles from the baseline from which the breadth of the territorial sea is measured; and

  (b)   extends seaward to the outer limits of the continental shelf.

  This Act provides for the grant of the following titles:

  (a)   a petroleum exploration permit (see Part   2.2);

  (b)   a petroleum retention lease (see Part   2.3);

  (c)   a petroleum production licence (see Part   2.4);

  (d)   an infrastructure licence (see Part   2.5);

  (e)   a pipeline licence (see Part   2.6);

  (f)   a petroleum special prospecting authority (see Part   2.7);

  (g)   a petroleum access authority (see Part   2.8);

  (h)   a greenhouse gas assessment permit (see Part   3.2);

  (i)   a greenhouse gas holding lease (see Part   3.3);

  (j)   a greenhouse gas injection licence (see Part   3.4);

  (k)   a greenhouse gas search authority (see Part   3.5);

  (l)   a greenhouse gas special authority (see Part   3.6).

  Generally, the administration of this Act in relation to an offshore area of a State is the responsibility of the Joint Authority for the State. The Joint Authority for a State (other than Tasmania) is constituted by the responsible State Minister and the responsible Commonwealth Minister. The Joint Authority for Tasmania is constituted by the responsible Commonwealth Minister.

  Generally, the administration of this Act in relation to the Principal Northern Territory offshore area is the responsibility of the Joint Authority for that area (the Joint Authority is constituted by the responsible Northern Territory Minister and the responsible Commonwealth Minister).

  The responsible Commonwealth Minister is responsible for the administration of greenhouse gas injection and storage provisions.

  The National Offshore Petroleum Safety and Environmental Management Authority is responsible for the administration of:

  (a)   occupational health and safety provisions; and

  (b)   structural integrity provisions; and

  (c)   environmental management provisions.

  The National Offshore Petroleum Titles Administrator is responsible for:

  (a)   assisting and advising the Joint Authority and the responsible Commonwealth Minister; and

  (b)   keeping registers of titles; and

  (c)   data and information management.

  There is:

  (a)   a Cross - boundary Authority for each offshore area of a State; and

  (b)   a Cross - boundary Authority for the Principal Northern Territory offshore area.

  The Cross - boundary Authority for an offshore area of a State is constituted by:

  (a)   the responsible State Minister; and

  (b)   the responsible Commonwealth Minister.

  The Cross - boundary Authority for the Principal Northern Territory offshore area is constituted by:

  (a)   the responsible Northern Territory Minister; and

  (b)   the responsible Commonwealth Minister.

  A Cross - boundary Authority has the functions and powers conferred on the Cross - boundary Authority by this Act or the regulations.

  The general body of laws in force in a State or Territory applies, as laws of the Commonwealth, to:

  (a)   petroleum exploration, exploitation and conveyance activities in the offshore area of that State or Territory; and

  (b)   greenhouse gas injection and storage activities in the offshore area of that State or Territory.

  However, prescribed State or Northern Territory occupational health and safety laws do not apply, as laws of the Commonwealth, in relation to a facility located in the offshore area of that State or the Northern Territory.

  This Chapter provides for the grant of the following titles:

  (a)   a petroleum exploration permit (see Part   2.2);

  (b)   a petroleum retention lease (see Part   2.3);

  (c)   a petroleum production licence (see Part   2.4);

  (d)   an infrastructure licence (see Part   2.5);

  (e)   a pipeline licence (see Part   2.6);

  (f)   a petroleum special prospecting authority (see Part   2.7);

  (g)   a petroleum access authority (see Part   2.8).

  A petroleum exploration permit authorises the permittee to explore for petroleum in the permit area.

  If a petroleum pool is identified in a petroleum exploration permit area, the Joint Authority may declare a location over the blocks to which the petroleum pool extends.

  After the declaration of a location, the permittee may apply for a petroleum retention lease or a petroleum production licence.

  A petroleum retention lease is granted if the recovery of petroleum is not currently commercially viable, but is likely to become commercially viable within 15 years. The lessee may apply for a petroleum production licence.

  A petroleum production licence authorises the licensee to carry out petroleum recovery operations in the licence area.

  An infrastructure licence authorises the licensee to construct and operate an infrastructure facility in the licence area. An infrastructure facility may relate to petroleum or a greenhouse gas substance.

  A pipeline licence authorises the licensee to construct and operate a pipeline. A pipeline may be used to convey petroleum or a greenhouse gas substance.

  A petroleum special prospecting authority authorises the holder to carry on petroleum exploration operations in the authority area (but not to make a well).

  A petroleum access authority authorises the holder to carry on certain petroleum exploration operations, and certain operations relating to the recovery of petroleum, in the authority area (but not to make a well).

  Part   2.9 provides for the grant of petroleum scientific investigation consents. A petroleum scientific investigation consent authorises the holder to carry on petroleum exploration operations in the course of a scientific investigation.

  It is an offence to explore for petroleum in an offshore area except:

  (a)   under a petroleum exploration permit; or

  (b)   as otherwise authorised or required by or under this Act.

  This Part provides for the grant of petroleum exploration permits over blocks in an offshore area.

  A petroleum exploration permit authorises the permittee to explore for petroleum in the permit area.

  There are 4 types of petroleum exploration permits:

  (a)   a petroleum exploration permit granted on the basis of work program bidding (a work - bid petroleum exploration permit );

  (b)   a petroleum exploration permit granted on the basis of cash bidding (a cash - bid petroleum exploration permit );

  (c)   a petroleum exploration permit granted over a surrendered block or certain other blocks (a special petroleum exploration permit );

  (d)   a petroleum exploration permit granted as a result of a change in the boundary of the coastal waters of a State or Territory (a boundary - change petroleum exploration permit ).

  If a petroleum pool is identified in a petroleum exploration permit area, the Joint Authority may declare a location over the blocks to which the petroleum pool extends.

  If a petroleum pool is identified in a petroleum exploration permit area, the Joint Authority may declare a location over the blocks to which the petroleum pool extends.

  Generally, the blocks must be nominated for declaration by the permittee.

  The Joint Authority may require the permittee to nominate the blocks.

  The declaration may be revoked or varied in certain circumstances.

  This Part provides for the grant of petroleum retention leases over blocks in an offshore area.

  A petroleum retention lease authorises the lessee to explore for petroleum in the lease area.

  A petroleum retention lease over a block may be granted to:

  (a)   the holder of a petroleum exploration permit over the block; or

  (b)   the holder of a life - of - field petroleum production licence over the block.

  The criteria for granting a petroleum retention lease over a block are:

  (a)   the block contains petroleum; and

  (b)   the recovery of petroleum is not currently commercially viable, but is likely to become commercially viable within 15 years.

  A petroleum retention lease may be obtained as a result of a change to the boundary of the coastal waters of a State or Territory.

  It is an offence to recover petroleum in an offshore area except:

  (a)   under a petroleum production licence; or

  (b)   as otherwise authorised or required by or under this Act.

  This Part provides for the grant of petroleum production licences over blocks in an offshore area.

  A petroleum production licence authorises the licensee to carry out petroleum recovery operations in the licence area.

  There are 4 ways in which a petroleum production licence can be granted:

  (a)   grant of a petroleum production licence as a result of an application made by a petroleum exploration permittee or a petroleum retention lessee;

  (b)   grant of a petroleum production licence over a surrendered block or a similar block;

  (c)   grant of a petroleum production licence over an individual block in exchange for another licence that was in force over the same block;

  (d)   grant of a petroleum production licence as a result of a change to the boundary of the coastal waters of a State or Territory.

  It is an offence to construct or operate an infrastructure facility in an offshore area except:

  (a)   under an infrastructure licence; or

  (b)   as otherwise authorised or required by or under this Act.

  This Part provides for the grant of infrastructure licences.

  An infrastructure licence authorises the licensee to construct and operate an infrastructure facility in the licence area. An infrastructure facility may relate to petroleum or a greenhouse gas substance.

  It is an offence to construct or operate a pipeline in an offshore area without a pipeline licence.

  This Part provides for the grant of pipeline licences.

  A pipeline licence authorises the licensee to construct and operate a pipeline. A pipeline may be used to convey petroleum or a greenhouse gas substance.

  A pipeline licensee must not cease to operate the pipeline without the consent of the Joint Authority.

  This Part provides for the grant of petroleum special prospecting authorities over blocks in an offshore area.

  A petroleum special prospecting authority may be granted over a block so long as none of the following is in force over the block:

  (a)   a petroleum exploration permit;

  (b)   a petroleum retention lease;

  (c)   a petroleum production licence;

  (d)   a greenhouse gas assessment permit;

  (e)   a greenhouse gas holding lease;

  (f)   a greenhouse gas injection licence.

  A petroleum special prospecting authority authorises the holder to carry on petroleum exploration operations in the authority area (but not to make a well).

  This Part provides for the grant of petroleum access authorities over blocks in an offshore area.

  A petroleum access authority authorises the holder to carry on certain petroleum exploration operations, and certain operations relating to the recovery of petroleum, in the authority area (but not to make a well).

  This Part provides for the grant of petroleum scientific investigation consents.

  A petroleum scientific investigation consent authorises the holder to carry on petroleum exploration operations in the course of a scientific investigation.

  This Chapter provides for the grant of the following titles:

  (a)   a greenhouse gas assessment permit (see Part   3.2);

  (b)   a greenhouse gas holding lease (see Part   3.3);

  (c)   a greenhouse gas injection licence (see Part   3.4);

  (d)   a greenhouse gas search authority (see Part   3.5);

  (e)   a greenhouse gas special authority (see Part   3.6).

  A greenhouse gas assessment permit authorises the permittee to explore in the permit area for potential greenhouse gas storage formations and potential greenhouse gas injection sites.

  If an eligible greenhouse gas storage formation is identified in a greenhouse gas permit area, the responsible Commonwealth Minister may declare that the formation is an identified greenhouse gas storage formation.

  After the declaration of an identified greenhouse gas storage formation in a greenhouse gas permit area, the permittee may apply for a greenhouse gas holding lease or a greenhouse gas injection licence.

  A greenhouse gas holding lease is granted if the applicant is not currently in a position to inject and store a greenhouse gas substance, but is likely to be in such a position within 15 years. The lessee may apply for a greenhouse gas injection licence.

  A greenhouse gas injection licence authorises the licensee to carry out greenhouse gas injection and storage operations in the licence area.

  A greenhouse gas search authority authorises the holder to carry on operations in the authority area relating to the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites (but not to make a well).

  A greenhouse gas special authority authorises the holder to carry on certain greenhouse gas - related operations in the authority area (but not to make a well).

  Part   3.7 provides for the grant of greenhouse gas research consents. A greenhouse gas research consent authorises the holder to carry on greenhouse gas - related operations in the course of a scientific investigation.

  It is an offence to explore in an offshore area for a potential greenhouse gas storage formation, or a potential greenhouse gas injection site, except:

  (a)   under a greenhouse gas assessment permit; or

  (b)   as otherwise authorised or required by or under this Act.

  This Part provides for:

  (a)   the grant of greenhouse gas assessment permits over blocks in an offshore area; and

  (b)   the grant of greenhouse gas assessment permits over blocks in an offshore area and State/Territory blocks in the coastal waters of a State or the Northern Territory.

  A greenhouse gas assessment permit authorises the permittee to explore in the permit area for potential greenhouse gas storage formations and potential greenhouse gas injection sites.

  There are 3 types of greenhouse gas assessment permits:

  (a)   a greenhouse gas assessment permit granted on the basis of work program bidding (a work - bid greenhouse gas assessment permit ); and

  (b)   a greenhouse gas assessment permit granted on the basis of cash bidding (a cash - bid greenhouse gas assessment permit ); and

  (c)   a greenhouse gas assessment permit granted over blocks in the offshore area and State/Territory blocks in the coastal waters of a State or the Northern Territory (a cross - boundary greenhouse gas assessment permit ).

  If an eligible greenhouse gas storage formation is identified in a greenhouse gas permit area, the responsible Commonwealth Minister may declare that the formation is an identified greenhouse gas storage formation.

  This Part provides for the grant of greenhouse gas holding leases over blocks in an offshore area.

  A greenhouse gas holding lease authorises the lessee to explore in the lease area for potential greenhouse gas storage formations and potential greenhouse gas injection sites.

  A greenhouse gas holding lease may be granted to:

  (a)   the holder of a greenhouse gas assessment permit; or

  (b)   the holder of a greenhouse gas injection licence, where no greenhouse gas injection or permanent storage operations have been carried on under the licence; or

  (c)   an unsuccessful applicant for a greenhouse gas injection licence; or

  (d)   the holder of a petroleum retention lease.

  The main criteria for granting a greenhouse gas holding lease are:

  (a)   an identified greenhouse gas storage formation is wholly situated in the lease area; and

  (b)   the applicant is not currently in a position to inject and permanently store a greenhouse gas substance, but is likely to be in such a position within 15 years.

  It is an offence to:

  (a)   inject a substance into the seabed or subsoil of an offshore area; or

  (b)   store (whether on a permanent basis or otherwise) a substance in the seabed or subsoil of an offshore area;

  except:

  (c)   under a greenhouse gas injection licence; or

  (d)   as otherwise authorised or required by or under this Act or any other law of the Commonwealth; or

  (e)   if the injection or storage operations are specified in the regulations.

  This Part provides for the grant of greenhouse gas injection licences over blocks in an offshore area.

  A greenhouse gas injection licence authorises the licensee to carry out operations for the injection and permanent storage of greenhouse gas substances in the licence area, so long as the greenhouse gas substance is injected into, or permanently stored in, an identified greenhouse gas storage formation.

  There are 2 ways in which a greenhouse gas injection licence can be granted:

  (a)   grant of a greenhouse gas injection licence as a result of an application made by a greenhouse gas assessment permittee or greenhouse gas holding lessee;

  (b)   grant of a greenhouse gas injection licence as a result of an application made by a petroleum production licensee.

  This Part provides for the grant of greenhouse gas search authorities over blocks in an offshore area.

  A greenhouse gas search authority may be granted over a block so long as none of the following is in force over the block:

  (a)   a greenhouse gas assessment permit;

  (b)   a greenhouse gas holding lease;

  (c)   a greenhouse gas injection licence;

  (d)   a petroleum exploration permit;

  (e)   a petroleum retention lease;

  (f)   a petroleum production licence.

  A greenhouse gas search authority authorises the holder to carry on the following operations in the authority area:

  (a)   operations relating to the exploration for potential greenhouse gas storage formations;

  (b)   operations relating to the exploration for potential greenhouse gas injection sites.

  A greenhouse gas search authority does not authorise the holder to make a well.

  This Part provides for the grant of greenhouse gas special authorities over blocks in an offshore area.

  A greenhouse gas special authority authorises the holder to carry on certain operations in the authority area (but not to make a well).

  This Part provides for the grant of greenhouse gas research consents.

  A greenhouse gas research consent authorises the holder to carry on the following operations in the course of a scientific investigation:

  (a)   operations relating to the exploration for potential greenhouse gas storage formations;

  (b)   operations relating to the exploration for potential greenhouse gas injection sites.

 

Commonwealth Coat of Arms of Australia

Offshore Petroleum and Greenh ouse Gas Storage Act 2006

No.   14, 2006

Compilation No.   54

Compilation date:   18 October 2023

Includes amendments up to:   Act No. 74, 2023

Registered:   21 October 2023

This compilation is in 3 volumes

Volume 1:   sections   1- 465

Volume 2:   sections   466- 791

Volume 3:   Schedules

  Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that shows the text of the law as amended and in force on 18 October 2023 (the compilation date ).

The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Chapter   4--Registration of transfers of, and dealings in, petroleum titles

Part   4.1--Introduction

466   Simplified outline

467   Definitions

468   Dealing--series of debentures

Part   4.2--Register of titles and petroleum special prospecting authorities

469   Register to be kept

470   Entries in Register--general

471   Entry in Register--cessation, revocation or expiry of title

471A   Notation in Register--applicable datum

Part   4.3--Transfer of titles

472   Approval and registration of transfers

473   Application for approval of transfer

474   Documents to accompany application

476   Time limit for application

477   Date of application to be entered in Register

478   Approval of transfer

479   Registration of transfer

480   Instrument of transfer does not create an interest in the title

481   Limit on effect of approval of transfers

Part   4.4--Devolution of title

482   Application to have name entered on the Register as the holder of a title

483   Entry of name in the Register

Part   4.5--Change in name of company

484   Application to have new name entered on the Register

485   Alteration in the Register

Part   4.6--Dealings relating to existing titles

486   Dealings to which this Part applies

487   Approval and registration of dealings

488   Application for approval of dealing

489   Documents to accompany application

491   Timing of application

492   Application date to be entered in Register

493   Approval of dealing

494   Entry of dealing in Register

495   Retention, inspection and return of instruments

496   Strict compliance with application provisions not required

497   Limit on effect of approval of dealing

Part   4.7--Dealings in future interests

498   Provisional application for approval of dealing

499   Documents to accompany provisional application

501   Timing of provisional application

502   Provisional application to be treated as an application under section   488 when title comes into existence

503   Limit on approval of dealing

Part   4.8--Correction and rectification of Register

504   Corrections of clerical errors or obvious defects

505   General power of correction of Register

506   Rectification of Register

Part   4.9--Information - gathering powers

507   Titles Administrator may obtain information from applicants

508   Titles Administrator may obtain information from a party to an approved dealing

509   Production and inspection of documents

510   Titles Administrator may retain documents

Part   4.10--Other provisions

511   Titles Administrator etc. not concerned with the effect of instrument lodged under this Chapter

513   Making a false entry in a Register

514   Falsified documents

515   Inspection of Register and instruments

516   Evidentiary provisions

516A   Application fee

Chapter   5--Registration of transfers of, and dealings in, greenhouse gas titles

Part   5.1--Introduction

518   Simplified outline

519   Definitions

520   Dealing--series of debentures

Part   5.2--Register of titles and greenhouse gas search authorities

521   Register to be kept

522   Entries in Register--general

523   Entry in Register--cessation or expiry of title

523A   Notation in Register--applicable datum

Part   5.3--Transfer of titles

524   Approval and registration of transfers

525   Application for approval of transfer

526   Documents to accompany application

527   Time limit for application

528   Date of application to be entered in Register

529   Approval of transfer

530   Registration of transfer

531   Instrument of transfer does not create an interest in the title

532   Limit on effect of approval of transfers

Part   5.4--Devolution of title

533   Application to have name entered on the Register as the holder of a title

534   Entry of name in the Register

Part   5.5--Change in name of company

535   Application to have new name entered on the Register

536   Alteration in the Register

Part   5.6--Dealings relating to existing titles

537   Dealings to which this Part applies

538   Approval and registration of dealings

539   Application for approval of dealing

540   Documents to accompany application

541   Timing of application

542   Application date to be entered in Register

543   Approval of dealing

544   Entry of dealing in Register

545   Retention, inspection and return of instruments

546   Strict compliance with application provisions not required

547   Limit on effect of approval of dealing

Part   5.7--Dealings in future interests

548   Provisional application for approval of dealing

549   Documents to accompany provisional application

550   Timing of provisional application

551   Provisional application to be treated as an application under section   539 when title comes into existence

552   Limit on approval of dealing

Part   5.8--Correction and rectification of Register

553   Corrections of clerical errors or obvious defects

554   General power of correction of Register

555   Rectification of Register

Part   5.9--Information - gathering powers

556   Titles Administrator may obtain information from applicants

557   Titles Administrator may obtain information from a party to an approved dealing

558   Production and inspection of documents

559   Titles Administrator may retain documents

Part   5.10--Other provisions

560   Titles Administrator not concerned with the effect of instrument lodged under this Chapter

562   Making a false entry in the Register

563   Falsified documents

564   Inspection of Register and instruments

565   Evidentiary provisions

565A   Application fee

Chapter   5A--Change in control of a registered holder of a title

Part   5A.1--Introduction

566   Simplified outline of this Chapter

566A   Definitions

566B   Meaning of control and change in control of registered holder

Part   5A.2--Application and approval of change in control of a registered holder

566C   Application for approval

566D   Titles Administrator must decide whether to approve change in control

566E   Notice of decision

566F   Retention and return of instrument

566G   Limit of effect of approval

566H   Notification of change in circumstances before or during approval period

566J   Revocation of approval

566K   Notification of change in control

566L   Change in control information to be entered in Register

566M   Application fee

Part   5A.3--Change in control must be approved

566N   Change in control must be approved by Titles Administrator

566P   Notification of change in control that takes effect without approval

566Q   Notification of change in control by registered holder

Part   5A.4--Information - gathering powers

566R   Titles Administrator may obtain information and documents

566S   Power to examine on oath or affirmation

566T   Self - incrimination

566U   Copies of documents

566V   Titles Administrator may retain documents

566W   False or misleading information

566X   False or misleading documents

566Y   False or misleading evidence

Part   5A.5--Tracing and anti - avoidance

566Z   Tracing

566ZA   Anti - avoidance

Part   5A.6--Other provisions

566ZB   Titles Administrator etc. not concerned with the effect of instrument lodged under this Chapter

566ZC   Falsified documents

566ZD   Inspection of instruments

566ZE   Evidentiary provisions

Chapter   6--Administration

Part   6.1--Operations

567   Simplified outline

568   Commencement of works or operations

569   Work practices

570   Work practices

571   Financial assurance--petroleum titles

571A   Insurance--greenhouse gas titles

572   Maintenance and removal of property etc. by titleholder

Part   6.1A--Polluter pays

Division   1--General

572A   Simplified outline

572AA   Land or waters of a State or the Northern Territory

572AB   Land or waters of a designated external Territory

572B   Relationship with significant offshore petroleum incident directions

Division   2--Polluter pays

572C   Escape of petroleum--titleholder's duty

572D   Escape of petroleum--reimbursement of NOPSEMA

572E   Escape of petroleum--reimbursement of responsible Commonwealth Minister

572F   Escape of petroleum--reimbursement of State or Northern Territory

572G   Concurrent operation of State and Territory laws

572H   Constitutional basis of this Part

572J   Additional operation of this Part

Part   6.2--Directions relating to petroleum

Division   1--Simplified outline

573   Simplified outline

Division   2--General power to give directions

574   General power to give directions--NOPSEMA

574A   General power to give directions--responsible Commonwealth Minister

574B   Directions may extend outside of title area

575   Notification of a direction that has an extended application

576   Directions under sections   574 and 574A--compliance

Division   2A--Directions for significant offshore petroleum incidents

576A   Directions for significant offshore petroleum incidents--definitions for Division   2A

576B   Directions for significant offshore petroleum incidents--NOPSEMA power to give directions

576C   Directions for significant offshore petroleum incidents--related matters

576D   Directions for significant offshore petroleum incidents--compliance

576E   Concurrent operation of State and Territory laws

576F   Constitutional basis of this Division

576G   Additional operation of this Division

Division   3--NOPSEMA or the responsible Commonwealth Minister may take action if there is a breach of a direction

577   NOPSEMA may take action if there is a breach of a direction

577A   Responsible Commonwealth Minister may take action if there is a breach of a direction

Division   4--Defence of taking reasonable steps to comply with a direction

578   Defence of taking reasonable steps to comply with a direction

Part   6.3--Directions relating to greenhouse gas

Division   1--Simplified outline

579   Simplified outline of this Part

Division   2--General power to give directions

579A   General power to give directions--NOPSEMA

580   General power to give directions--responsible Commonwealth Minister

580A   Directions may extend outside of title area

581   Notification of a direction that has an extended application

582   Compliance with directions

Division   3--NOPSEMA or the responsible Commonwealth Minister may take action if there is a breach of a direction

582A   NOPSEMA may take action if there is a breach of a direction

583   Responsible Commonwealth Minister may take action if there is a breach of a direction

Division   4--Defence of taking reasonable steps to comply with a direction

584   Defence of taking reasonable steps to comply with a direction

Part   6.4--Restoration of the environment

Division   1--Petroleum

585   Simplified outline

585A   Remedial directions for petroleum--power to issue directions under different provisions

586   Remedial directions in relation to permits, leases and licences that are in force--NOPSEMA

586A   Remedial directions in relation to permits, leases and licences that are in force--responsible Commonwealth Minister

587   Remedial directions in relation to permits, leases, licences and authorities that have wholly or partly ceased to be in force--NOPSEMA

587A   Remedial directions in relation to permits, leases, licences and authorities that have wholly or partly ceased to be in force--responsible Commonwealth Minister

587B   Remedial directions--compliance

588   NOPSEMA may take action if a direction has been breached

589   Removal, disposal or sale of property by NOPSEMA--breach of direction

590   Removal, disposal or sale of property--limitation of action etc.

590A   Responsible Commonwealth Minister may take action if a direction has been breached

Division   2--Greenhouse gas

591   Simplified outline

591A   Remedial directions for greenhouse gas--power to issue directions under different provisions

591B   Remedial directions in relation to permits, leases and licences that are in force--NOPSEMA

592   Remedial directions in relation to permits, leases and licences that are in force--responsible Commonwealth Minister

593   Site closing directions to current holders of greenhouse gas injection licences

594   Consultation--directions

594A   Remedial directions in relation to permits, leases, licences and authorities that have wholly or partly ceased to be in force--NOPSEMA

595   Remedial directions in relation to permits, leases, licences and authorities that have wholly or partly ceased to be in force--responsible Commonwealth Minister

595A   NOPSEMA may take action if a direction has been breached

596   Responsible Commonwealth Minister may take action if a direction has been breached

596A   Removal, disposal or sale of property by NOPSEMA--breach of direction

597   Removal, disposal or sale of property by responsible Commonwealth Minister--breach of direction

598   Removal, disposal or sale of property--limitation of action etc.

Division   3--Obligations etc. if remedial direction is in force

598A   Obligations etc. if remedial direction is in force

598B   Consent to enter premises

Part   6.5--Compliance and enforcement

Division   1--Petroleum and greenhouse gas

599   Simplified outline

600   Definitions--this Division

601   Meaning of listed NOPSEMA law

602   NOPSEMA inspectors--appointment

602A   NOPSEMA inspectors--directions by CEO

602B   NOPSEMA inspectors--reimbursement for exercise of powers relating to the Titles Administrator

602C   Listed NOPSEMA laws--monitoring powers (general)

602D   Listed NOPSEMA laws--investigation powers (general)

602E   Listed NOPSEMA laws--additional powers

602F   Listed NOPSEMA laws--monitoring and investigation powers (special provisions)

602G   Listed NOPSEMA laws--monitoring and investigation powers (reasonable facilities and assistance)

602H   Listed NOPSEMA laws--monitoring and investigation powers (Greater Sunrise visiting inspectors)

602J   Environmental management laws--additional powers

602JA   Well integrity laws--additional powers

602K   NOPSEMA inspections--titleholder's representative

602L   Listed NOPSEMA laws--monitoring and investigation powers (relationship with other powers)

603   Interfering with offshore petroleum installations or operations

604   Forfeiture orders etc.

609   Interfering with greenhouse gas installations or operations

610   Forfeiture orders etc.

Division   3--Time for bringing proceedings for offences

611   Time for bringing proceedings for offences

Division   4--Civil penalties

611A   Simplified outline

611B   Civil penalty provisions

611C   Contravening civil penalty provisions

Division   5--Infringement notices

611D   Simplified outline

611E   Infringement notices

611F   Infringement notice--multiple contraventions

611G   Evidentiary matters

Division   6--Injunctions

611H   Simplified outline

611J   Injunctions

Division   7--Adverse publicity orders

611K   Simplified outline

611L   Adverse publicity orders

Division   8--Enforceable undertakings

611M   Simplified outline of this Division

611N   Enforceable undertakings

611P   Publication of enforceable undertakings

611Q   Compliance with enforceable undertaking

Part   6.6--Safety zones and the area to be avoided

Division   1--Introduction

612   Simplified outline

613   Simplified map of the area to which Schedule   2 applies

614   Definitions

615   Authorised persons

Division   2--Petroleum safety zones

616   Petroleum safety zones

Division   3--Greenhouse gas safety zones

617   Greenhouse gas safety zones

Division   4--Unauthorised vessel not to enter area to be avoided

618   NOPSEMA may authorise entry into area to be avoided

619   Unauthorised vessel not to enter area to be avoided

Division   5--Powers of authorised persons

620   Requirement to move vessel etc.

621   Other powers of authorised persons

622   Warrants

623   Exercise of powers in serious circumstances

Part   6.7--Collection of fees and royalties

Division   3--Royalties payable under the Royalty Act

631   When royalty due for payment

632   When adjusted amount due for payment

633   Late payment penalty

634   Recovery of royalty debts

635   Amounts payable to the Titles Administrator

Division   4--Fees payable under this Act

636   Fees payable under this Act

Part   6.8--Occupational health and safety

637   Occupational health and safety

638   Listed OHS laws

639   Regulations relating to occupational health and safety

640   Commonwealth maritime legislation does not apply in relation to facilities located in offshore areas

641   Commonwealth maritime legislation does not apply in relation to facilities located in designated coastal waters

Part   6.9--National Offshore Petroleum Safety and Environmental Management Authority

Division   1--Introduction

642   Simplified outline

643   Definitions

644   Designated coastal waters

Division   2--Establishment, functions and powers of NOPSEMA

645   National Offshore Petroleum Safety and Environmental Management Authority

646   NOPSEMA's functions

646A   Limits on functions conferred on NOPSEMA

647   Policy principles

648   NOPSEMA's ordinary powers

649   Functions and powers of NOPSEMA under State or Territory PSLA

649A   Functions and powers of NOPSEMA in its capacity as the Offshore Infrastructure Regulator

650   Additional functions and powers

652   NOPSEMA is a body corporate

Division   3--National Offshore Petroleum Safety and Environmental Management Authority Board

Subdivision A--Establishment, functions and membership

653   National Offshore Petroleum Safety and Environmental Management Authority Board

654   Functions of the Board

655   Powers of the Board

656   Membership

Subdivision B--Board procedures

657   Board procedures

Subdivision C--Terms and conditions for Board members

658   Term of appointment and related matters for Board members

659   Remuneration and allowances of Board members

660   Leave of absence of Board members

661   Resignation of Board members

662   Termination of appointment of Board members

663   Other terms and conditions of Board members

664   Acting Board members

Division   4--Chief Executive Officer and staff of NOPSEMA

665   Appointment of the CEO

666   Duties of the CEO

667   Working with the Board

668   Remuneration and allowances of the CEO

669   Leave of absence of the CEO

670   Resignation of the CEO

672   Termination of CEO's appointment

673   Other terms and conditions

674   Acting appointments

675   Delegation by CEO

676   Staff of NOPSEMA

677   Consultants and persons seconded to NOPSEMA

Division   5--Corporate plans

677A   Corporate plan must deal separately with activities of the Offshore Infrastructure Regulator

678   Corporate plan

679   Responsible Commonwealth Minister's response to corporate plan

Division   7--NOPSEMA's finances

682   Commonwealth payments to NOPSEMA

683   Application of money by NOPSEMA

Division   8--Other financial matters

685   Fees for expenses incurred by NOPSEMA

686   Safety investigation levy

687   Safety case levy

688   Well investigation levy

688A   Annual well levy

688B   Well activity levy

688C   Environment plan levy

689   Liability to taxation

Division   9--Miscellaneous

690   Annual reports

691   Ministers may require NOPSEMA to prepare reports or give information

692   Responsible Commonwealth Minister may give directions to NOPSEMA

693   Prosecutions by the Director of Public Prosecutions under mirror provisions

694   Fair Work Commission may exercise powers under mirror provisions

695   Reviews of operations of NOPSEMA

Part   6.10--National Offshore Petroleum Titles Administrator

Division   1--Introduction

695AB   Simplified outline

Division   2--National Offshore Petroleum Titles Administrator

695A   National Offshore Petroleum Titles Administrator

695B   Functions of the Titles Administrator

695C   Acting Titles Administrator

695D   Delegation by the Titles Administrator

695E   Titles Administrator to be assisted by APS employees in the Department

695F   Other persons assisting the Titles Administrator

695G   Consultants

Division   3--National Offshore Petroleum Titles Administrator Special Account

695H   National Offshore Petroleum Titles Administrator Special Account

695J   Credits to the Account

695K   Purposes of the Account and transfers to general CRF

Division   4--Other financial matters

695L   Fees

695M   Annual titles administration levy

Division   5--Miscellaneous

695N   Annual report

695P   Reviews of activities of Titles Administrator

695Q   Judicial notice of signature of Titles Administrator

695R   Communications with responsible Commonwealth Minister

Part   6.11--Using and sharing offshore information and things

Division   1--Introduction

695S   Simplified outline

695T   Definitions

695U   Scope of Part

Division   2--NOPSEMA's use of offshore information or things

695V   Purposes for which NOPSEMA may use offshore information or things

Division   3--Sharing offshore information or things

695W   Sharing offshore information or things for the purposes of this Act

695X   CEO of NOPSEMA may share offshore information or things with other agencies

695XA   CEO of NOPSEMA may share offshore information or things with Timorese Designated Authority

695Y   Personal information

Part   6.12--Other matters

Division   1--Simplified outline

695YA   Simplified outline of this Part

Division   2--Decision - making under this Act and matters to which a decision - maker must have regard

695YB   Matters to which a decision - maker must have regard

Division   3--Notification of events

695YC   Requirement to give notice if certain events occur

Chapter   7--Information relating to petroleum

Part   7.1--Data management and gathering of information

Division   1--Introduction

696   Simplified outline

Division   2--Data management

697   Direction to keep records

698   Regulations about data management

Division   3--Information - gathering powers

699   Titles Administrator or NOPSEMA inspector may obtain information and documents

700   Copying documents--reasonable compensation

701   Power to examine on oath or affirmation

702   Self - incrimination

703   Copies of documents

704   Titles Administrator or NOPSEMA inspector may retain documents

705   False or misleading information

706   False or misleading documents

707   False or misleading evidence

707A   Directions by Titles Administrator

Part   7.2--Release of regulatory information

708   Notifiable events-- Gazette notice

709   Titles Administrator to make documents available to responsible Commonwealth Minister

Part   7.3--Release of technical information

Division   1--Introduction

710   Simplified outline

711   Definitions

Division   2--Protection of confidentiality of information and samples

Subdivision A--Information and samples obtained by the Titles Administrator

712   Protection of confidentiality of documentary information obtained by the Titles Administrator

713   Protection of confidentiality of petroleum mining samples obtained by the Titles Administrator

714   Titles Administrator may make information or samples available to a Minister, a State Minister or a Northern Territory Minister

Subdivision B--Information and samples obtained by a recipient Minister

715   Protection of confidentiality of information obtained by a recipient Minister

716   Protection of confidentiality of petroleum mining samples obtained by a recipient Minister

Subdivision C--Miscellaneous

717   Fees

718   Review by Minister

719   Privacy Act

Division   3--Copyright

720   Publishing or making copies of applicable documents not an infringement of copyright

Division   4--Release of technical information given to the Designated Authority before 7   March 2000

721   Release of technical information given to the Designated Authority before 7   March 2000

Chapter   8--Information relating to greenhouse gas

Part   8.1--Data management and gathering of information

Division   1--Introduction

722   Simplified outline

Division   2--Data management

723   Direction to keep records

724   Regulations about data management

Division   3--Information - gathering powers (general)

725   Titles Administrator or NOPSEMA inspector may obtain information and documents

726   Copying documents--reasonable compensation

727   Power to examine on oath or affirmation

728   Self - incrimination

729   Copies of documents

730   Titles Administrator or NOPSEMA inspector may retain documents

731   False or misleading information

732   False or misleading documents

733   False or misleading evidence

733A   Directions by Titles Administrator

Division   4--Information - gathering powers (cross - boundary)

733B   Responsible Commonwealth Minister may obtain information and documents

733C   Copying documents--reasonable compensation

733D   Self - incrimination

733E   Copies of documents

733F   Responsible Commonwealth Minister may retain documents

733G   False or misleading information

733H   False or misleading documents

733J   Crown to be bound

Part   8.2--Release of regulatory information

734   Notifiable events-- Gazette notice

734A   Titles Administrator to make documents available to responsible Commonwealth Minister

Part   8.3--Release of technical information

Division   1--Introduction

735   Simplified outline

736   Definitions

737   Documents and samples given to the responsible Commonwealth Minister

Division   2--Protection of confidentiality of information and samples

Subdivision A--Information and samples obtained by the responsible Commonwealth Minister or the Titles Administrator

738   Protection of confidentiality of documentary information obtained by the responsible Commonwealth Minister or the Titles Administrator

739   Protection of confidentiality of eligible samples obtained by the responsible Commonwealth Minister or the Titles Administrator

740   Responsible Commonwealth Minister or the Titles Administrator may make information or samples available to a Minister, a State Minister or a Northern Territory Minister

Subdivision AA--Information and samples obtained by a recipient Minister

740A   Protection of confidentiality of information obtained by a recipient Minister

740B   Protection of confidentiality of eligible samples obtained by a recipient Minister

Subdivision B--Miscellaneous

741   Fees

742   Privacy Act

Division   3--Copyright

743   Publishing or making copies of applicable documents not an infringement of copyright

Chapter   9--Miscellaneous

Part   9.1--Review of decisions

744   Simplified outline

745   Definitions

747   Review of reviewable Ministerial decision

747A   Review of reviewable Titles Administrator decision

Part   9.2--Expert advisory committees

748   Establishment of expert advisory committees

749   Function of expert advisory committees

750   Appointment of expert advisory committee members etc.

751   Procedures of expert advisory committees

752   Remuneration and allowances

753   Leave of absence

754   Resignation

755   Disclosure of interests to the responsible Commonwealth Minister

756   Disclosure of interests to an expert advisory committee

757   Other terms and conditions

758   Protection of information

Part   9.3--Information relevant to the making of designated agreements

Division   1--Information - gathering powers of the responsible Commonwealth Minister

759   Responsible Commonwealth Minister may obtain information and documents

760   Copying documents--reasonable compensation

761   Self - incrimination

762   Copies of documents

763   Responsible Commonwealth Minister may retain documents

764   False or misleading information

765   False or misleading documents

Division   2--Protection of information given to the responsible Commonwealth Minister under section   759 etc.

766   Protection of information

767   Disclosure of information to titleholder etc.

Division   3--Protection of certain information given to the responsible Commonwealth Minister under section   733B etc.

767A   Protection of information

767B   Disclosure of information to titleholder etc.

Part   9.4--Liability for acts and omissions

768   Liability for acts and omissions

Part   9.5--Jurisdiction of courts

769   Jurisdiction of State courts

770   Jurisdiction of Territory courts

Part   9.6A--Multiple titleholders

Division   1--Eligible voluntary action by multiple titleholders

775A   Definitions

775B   Eligible voluntary action by multiple holders of a petroleum title

775C   Eligible voluntary action by multiple holders of a greenhouse gas title (other than a cross - boundary greenhouse gas title)

775CA   Eligible voluntary action by multiple holders of a cross - boundary greenhouse gas title

Division   2--Obligations of multiple titleholders

775D   Obligations of multiple holders of a petroleum title

775E   Obligations of multiple holders of a greenhouse gas title

Part   9.7--Publication in Gazette

776   Publication in Gazette --State or external Territory

777   Publication in Gazette --Northern Territory

Part   9.8--Delegation by responsible Commonwealth Minister

778   Delegation by responsible Commonwealth Minister

Part   9.9--Public interest

779   Public interest

Part   9.10--Compensation for acquisition of property

780   Acquisition of property

Part   9.10A--Inquiries into significant offshore incidents

780A   Appointment of Commissioner

780B   Hearings

780C   Commissioner not bound by the rules of evidence

780D   Departmental officers

780E   Application of the Royal Commissions Act 1902

780F   Conferral of inspection powers

780G   Application of laws relating to disclosure

Part   9.10B--Personal property securities

780H   Titles, and interests etc. in titles, are not personal property for the purposes of the Personal Property Securities Act 2009

Part   9.10C--Commonwealth reserves

Division   1--Introduction

780J   Simplified outline of this Part

Division   2--Validation etc.

780K   Validation of certain renewals and extensions

780L   Application of EPIC exemption regime to certain petroleum titles

Part   9.10D--Greater Sunrise special regime area

Division   1--Bodies exercising Australia's rights and responsibilities

780M   Bodies exercising Australia's rights and responsibilities relating to the Greater Sunrise special regime area

Division   2--Limits on Australian law in Greater Sunrise special regime area

780N   Australian law subject to legislation made under the Timor Sea Maritime Boundaries Treaty

Division   3--Declaration of Greater Sunrise pipeline international offshore area

780P   Declaration of Greater Sunrise pipeline international offshore area

Part   9.11--Regulations

781   Regulations

782   Regulations dealing with specific matters

782A   Regulations--service of documents

783   Regulations may provide for matters by reference to codes of practice or standards

784   Unconditional or conditional prohibition

785   Regulations not limited by conditions provisions

786   Exercise of Australia's rights under international law--petroleum in the continental shelf

787   Exercise of Australia's rights under international law--injection and storage of greenhouse gas substances in the continental shelf

788   Exercise of Australia's rights under international law--petroleum within territorial limits

789   Exercise of Australia's rights under international law--injection and storage of greenhouse gas substances within territorial limits

790   Offences

790A   Regulations dealing with the Regulatory Powers Act

790B   Environment

790C   Constitutional basis of Environment Regulations

790D   Additional operation of Environment Regulations

Part   9.12--Transitional provisions

791   Transitional provisions

 


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