Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An eligible application must be accompanied by the fee (if any) prescribed by the regulations.
Note: For eligible application , see subsection (4).
(2) Different fees may be prescribed for different eligible applications.
(3) A fee must not be such as to amount to taxation.
(3A) An eligible application is taken to be accompanied by a fee if the fee is received before the end of the 10 - day period that began on the day after the application was made.
(4) For the purposes of this section, each of the following is an eligible application :
(a) an application for the approval of the transfer of a title;
(b) an application for the approval of a dealing (other than an application covered by section 551);
(c) a provisional application for the approval of a dealing.
Offshore Petroleum and Greenh ouse Gas Storage Act 2006
No. 14, 2006
Compilation No. 58
Compilation date: 11 December 2024
Includes amendments: Act No. 43, 2024
This compilation is in 4 volumes
Volume 4: 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 11 December 2024 (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 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
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
Division 2--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
Division 2--Establishment, functions and powers of NOPSEMA
645 National Offshore Petroleum Safety and Environmental Management Authority
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
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