Commonwealth Consolidated Acts Commonwealth Consolidated Acts(a) a petroleum exploration permit; or
(b) a petroleum retention lease; or
(c) a petroleum production licence; or
(d) an infrastructure licence; or
(e) a pipeline licence.
Direction to registered holder
(2) NOPSEMA may, by written notice given to a person referred to in subsection (2A), direct the person to do any or all of the following things on or before the applicable date:
(i) remove, or cause to be removed, from the title area all property brought into that area by any person engaged or concerned in the operations authorised by the permit, lease or licence; or
(ii) make arrangements that are satisfactory to NOPSEMA in relation to that property;
(b) to plug or close off, to the satisfaction of NOPSEMA, all wells made in the title area by any person engaged or concerned in those operations;
(c) to provide, to the satisfaction of NOPSEMA, for the conservation and protection of the natural resources in the title area;
(d) to make good, to the satisfaction of NOPSEMA, any damage to the seabed or subsoil in the title area caused by any person engaged or concerned in those operations.
Note 1: For applicable date and title area , see subsection (6).
Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
Note 3: A direction under this section has no effect to the extent of any inconsistency with a direction under section 586A: see subsection 586A(9).
Note 4: Breach of a direction may attract a criminal or civil penalty: see section 587B.
(a) the registered holder of the permit, lease or licence; or
(b) a related body corporate of the registered holder of the permit, lease or licence; or
(c) any former registered holder of the permit, lease or licence; or
(d) a person who was a related body corporate of any former registered holder of the permit, lease or licence at the time the permit, lease or licence was in force; or
(e) a person to whom a determination under subsection (2B) applies.
(2B) The responsible Commonwealth Minister may make a written determination that this subsection applies to a person if, having regard to the following matters, the responsible Commonwealth Minister is satisfied on reasonable grounds that it is appropriate to do so:
(a) whether the person is capable of significantly benefiting financially, or has significantly benefited financially, from the operations authorised by the permit, lease or licence;
(b) whether the person is, or has been at any time, in a position to influence the way in which, or the extent to which, a person is complying, or has complied, with the person's obligations under this Act;
(c) whether the person acts or acted jointly with the registered holder, or a former holder, of the permit, lease or licence in relation to the operations authorised by the permit, lease or licence.
(2C) A determination under subsection (2B) is not a legislative instrument.
(2D) If a direction is given under subsection (2) to a person referred to in paragraph (2A)(b), (c), (d) or (e), NOPSEMA must give a copy of the direction to the registered holder of the permit, lease or licence as soon as practicable after the direction is given.
(3) In attaining a state of satisfaction for the purposes of paragraph (2)(b), NOPSEMA:
(a) in the case of a declared petroleum exploration permit, declared petroleum retention lease or declared petroleum production licence--must have regard; or
(b) otherwise--may have regard;
to the principle that plugging or closing off wells should be carried out in a way that restores or maintains the suitability of a part of a geological formation for the permanent storage of greenhouse gas substances.
(4) Paragraph (2)(c) has effect subject to:
(c) the regulations.
Applicable date and title area
(6) For the purposes of this section, the table has effect:
Applicable date and title area | |||
Item | In the case of... | the applicable date is... | and the title area is... |
1 | the expiry date of the permit | the permit area. | |
2 | the expiry date of the lease | the lease area. | |
3 | a fixed - term petroleum production licence | the expiry date of the licence | the licence area. |
4 | a petroleum production licence that is not a fixed - term petroleum production licence | the first date on which the licence can be terminated under this Act | the licence area. |
5 | the first date on which the licence can be terminated under this Act | the licence area. | |
6 | the first date on which the licence can be terminated under this Act | the part of the offshore area in which the pipeline is constructed. | |
(7) A notice under subsection (2) need not identify the
applicable date as a particular calendar date.