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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 598A

Obligations etc. if remedial direction is in force

  (1)   This section applies if:

  (a)   a direction (a petroleum remedial direction ) is in force under section   586, 586A, 587 or 587A; or

  (b)   a direction (a greenhouse gas remedial direction ) is in force under section   591B, 592, 594A or 595.

  (2)   The following provisions apply as if a reference to a registered holder of a title, or to a titleholder, included a reference to a person who is subject to a petroleum remedial direction:

  (a)   section   569;

  (b)   section   571;

  (c)   Part   6.1A;

  (d)   Part   6.2;

  (e)   Part   6.5;

  (f)   Schedule   2A;

  (g)   Schedule   2B;

  (h)   clause   13A of Schedule   3;

  (i)   Part   4 of Schedule   3.

Note:   In addition, if a petroleum remedial direction is in force in relation to a pipeline, that pipeline is a facility (within the meaning of Schedule   3 to this Act) even if the pipeline is no longer subject to a pipeline licence (see paragraph   4(8)(d) of Schedule   3).

  (3)   The following provisions apply as if a reference to a petroleum activity included a reference to an activity carried out for the purpose of complying with a petroleum remedial direction:

  (a)   section   571, other than subsection   571(1);

  (b)   section   572C;

  (c)   Schedule   2A.

  (4)   The following provisions apply as if a reference to a registered holder of a title, or to a titleholder, included a reference to a person who is subject to a greenhouse gas remedial direction:

  (a)   section   570;

  (b)   section   571A;

  (c)   Part   6.3;

  (d)   Part   6.5;

  (e)   Schedule   2A;

  (f)   Schedule   2B;

  (g)   clause   13B of Schedule   3;

  (h)   Part   4 of Schedule   3.

  (5)   The following table has effect:

 

Modifications of specified provisions if remedial direction is in force

Item

For the purposes of this Act, the following provisions ...

apply as if ...

1

Section   280

subsection   (1) provided that that section also applied to a petroleum remedial direction and subsection   (2) included a reference to a person carrying on activities in an offshore area for the purposes of complying with the direction.

2

Section   460

subsection   (1) provided that that section also applied to a greenhouse gas remedial direction and subsection   (2) included a reference to a person carrying on activities in an offshore area for the purposes of complying with the direction.

3

Section   571

subsection   (1) provided that that section also applied to an activity carried out for the purpose of complying with a petroleum remedial direction and a reference to the time when a title is in force included a reference to the time when the direction is in force.

4

Section   571A

that section included the following subsection after subsection   (1):

(1A) The responsible Commonwealth Minister may direct a person subject to a greenhouse gas remedial direction to maintain insurance against:

(a) expenses; or

(b) liabilities; or

(c) specified things;

arising in connection with, or as a result of:

(d) activities carried out for the purpose of complying with a greenhouse gas remedial direction; or

(e) the doing of any other thing for the purpose of the greenhouse gas remedial direction;

  including insurance against expenses of complying with directions relating to the clean - up or other remediation of the effects of the escape of a greenhouse gas substance.

5

Section   572C

subsection   (1) provided that that section also applied in the event of an escape of petroleum occurring as a result of, or in connection with, an activity carried out for the purpose of complying with a petroleum remedial direction.

6

Section   572J

that section included the following subsection after subsection   (2):

(2A) This Part also has the effect it would have if a reference to an escape of petroleum were expressly confined to an escape of petroleum occurring as a result of, or in connection with, an activity carried out for the purpose of a constitutional corporation complying with a petroleum remedial direction.

7

Section   574B

that section included the following subsections after subsection   (2):

(2A) A direction under this Division may require the person who is subject to a petroleum remedial direction to take an action (or not to take an action) anywhere in an offshore area.

(2B) If a direction under this Division requires a person who is subject to a petroleum remedial direction to take an action in, or in relation to, the title area of a title, NOPSEMA must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given to the person.

8

Section   576A

the definition of significant offshore petroleum incident included a reference to a significant incident or occurrence that relates to the carrying out of activities in an offshore area for the purposes of complying with a petroleum remedial direction.

9

Section   576B

a reference to a title area included a reference to the area in which activities are being carried out for the purposes of complying with a petroleum remedial direction, and that section included the following subsections after subsection   (6B):

(7) If the direction requires a person who is subject to a petroleum remedial direction to take an action in, or in relation to, the title area of a title, NOPSEMA must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given to the person.

(7A) If the direction requires a person who is subject to a petroleum remedial direction to take an action in, or in relation to, the area of:

(a) a State/Territory petroleum exploration title held by another person; or

(b) a State/Territory petroleum production title held by another person; or

(c) a State/Territory petroleum retention title held by another person; or

(d) a State/Territory petroleum infrastructure title held by another person; or

(e) a State/Territory petroleum pipeline title held by another person;

NOPSEMA must give a copy of the direction to the other person as soon as practicable after the direction is given to the person who is subject to the petroleum remedial direction.

10

Section   576G

that section included the following subsection after subsection   (2):

(2A) This Division also has the effect it would have if a reference to a significant offshore petroleum incident were expressly confined to a significant offshore petroleum incident that has occurred in the area in which activities are being carried out for the purposes of complying with a petroleum remedial direction, where the person subject to the direction is a constitutional corporation.

11

Division   2 of Part   6.3

a reference to a greenhouse gas matter included a reference to a matter that relates to activities carried out for the purposes of complying with a greenhouse gas remedial direction.

12

Section   580A

that section included the following subsections after subsection   (2):

(2A) A direction under this Division may require the person who is subject to a greenhouse gas remedial direction to take an action (or not to take an action) anywhere in an offshore area.

(2B) If a direction under section   579A requires a person who is subject to a greenhouse gas remedial direction to take an action in, or in relation to, the title area of a title, NOPSEMA must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given to the person.

(2C) If a direction under section   580 requires a person who is subject to a greenhouse gas remedial direction to take an action in, or in relation to, the title area of a title, the responsible Commonwealth Minister must give a copy of the direction to the registered holder of the title as soon as practicable after the direction is given to the person.

13

Clause   2 of Schedule   2A

the definition of regulated business premises included the following paragraphs after paragraph   (d):

(e) eligible premises that are:

(i) on land; and

(ii) occupied by a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction; and

(iii) used, or proposed to be used, wholly or partly in connection with activities carried out for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; or

(f) eligible premises that are:

(i) on land; and

(ii) occupied by a related body corporate of a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction; and

(iii) used, or proposed to be used, wholly or partly in connection with activities carried out for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; or

(g) eligible premises that are:

(i) on land; and

(ii) occupied by a person who, under a contract, arrangement or understanding with a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction, has carried out, is carrying out, or is to carry out one or more activities for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; and

(iii) used, or proposed to be used, wholly or partly in connection with activities carried out for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; and

(iv) not used as a residence; or

(h) eligible premises that are:

(i) on land; and

(ii) occupied by a person who, under a contract, arrangement or understanding with a related body corporate of a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction, has carried out, is carrying out, or is to carry out one or more activities for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; and

(iii) used, or proposed to be used, wholly or partly in connection with activities carried out for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; and

(iv) not used as a residence.

14

Clause   2A of Schedule   2A

that clause included the following subclauses:

(7A) If:

(a) a declaration under subclause   (1) relates to an emergency that is attributable to an activity carried out for the purpose of complying with a petroleum remedial direction; and

(b) the petroleum remedial direction requires the person to take an action in, or in relation to, the title area (within the meaning of section   572) of a title that is in force;

NOPSEMA must give a copy of the declaration to the registered holder of the title as soon as practicable after the declaration is made.

(14A) If:

(a) a declaration under subclause   (1) relates to an emergency that is attributable to an activity carried out for the purpose of complying with a petroleum remedial direction; and

(b) the petroleum remedial direction requires the person to take an action in, or in relation to, the title area (within the meaning of section   572) of a title that is in force; and

(c) the declaration is revoked under subclause   (8);

NOPSEMA must give a copy of the instrument of revocation to the registered holder of the title as soon as practicable after the instrument of revocation is made.

15

Clause   5 of Schedule   2A

a reference to operations conducted for the purposes of a petroleum title or a greenhouse gas title included a reference to activities carried out for the purpose of complying with a petroleum remedial direction or a greenhouse gas remedial direction.

16

Clause   7 of Schedule   2A

a reference to a petroleum title or a greenhouse gas title included a reference to a petroleum remedial direction or a greenhouse gas remedial direction.

17

Clause   8 of Schedule   2A

a reference to a petroleum title or a greenhouse gas title included a reference to a petroleum remedial direction or a greenhouse gas remedial direction.

18

Clause   9 of Schedule   2A

a reference to a petroleum title or a greenhouse gas title included a reference to a petroleum remedial direction or a greenhouse gas remedial direction.

19

Subclause   11(1) of Schedule   2A

that subclause included the following paragraph after paragraph   (c):

(d) in a case where the notice is issued to a person subject to a petroleum remedial direction or a greenhouse gas remedial direction that requires the person to take an action in, or in relation to the title area (within the meaning of section   572) of a title that is in force--the registered holder of the title.

20

Subclause   11B(2) of Schedule   2A

that subclause included the following paragraph after paragraph   (c):

(d) in a case where the notice is issued to a person subject to a petroleum remedial direction or a greenhouse gas remedial direction that requires the person to take an action in, or in relation to the title area (within the meaning of section   572) of a title that is in force--the registered holder of the title.

21

Clause   13 of Schedule   2A

a reference to a petroleum title or a greenhouse gas title included a reference to a petroleum remedial direction or a greenhouse gas remedial direction.

22

Clause   2 of Schedule   2B

the definition of regulated business premises included the following paragraphs after paragraph   (d):

(e) eligible premises that are:

(i) on land; and

(ii) occupied by a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction; and

(iii) used, or proposed to be used, wholly or partly in connection with activities carried out for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; or

(f) eligible premises that are:

(i) on land; and

(ii) occupied by a related body corporate of a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction; and

(iii) used, or proposed to be used, wholly or partly in connection with activities carried out for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; or

(g) eligible premises that are:

(i) on land; and

(ii) occupied by a person who, under a contract, arrangement or understanding with a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction, has carried out, is carrying out, or is to carry out one or more activities for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; and

(iii) used, or proposed to be used, wholly or partly in connection with activities carried out for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; and

(iv) not used as a residence; or

(h) eligible premises that are:

(i) on land; and

(ii) occupied by a person who, under a contract, arrangement or understanding with a related body corporate of a person who is subject to a petroleum remedial direction or a greenhouse gas remedial direction, has carried out, is carrying out, or is to carry out one or more activities for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; and

(iii) used, or proposed to be used, wholly or partly in connection with activities carried out for the purpose of complying with the petroleum remedial direction or the greenhouse gas remedial direction; and

(iv) not used as a residence.

23

Clause   5 of Schedule   2B

a reference to operations conducted for the purposes of a title included a reference to activities carried out for the purpose of complying with a petroleum remedial direction or a greenhouse gas remedial direction.

24

Clause   7 of Schedule   2B

a reference to a title included a reference to a petroleum remedial direction or a greenhouse gas remedial direction.

25

Clause   8 of Schedule   2B

a reference to a title included a reference to a petroleum remedial direction or a greenhouse gas remedial direction.

26

Clause   9 of Schedule   2B

a reference to a title included a reference to a petroleum remedial direction or a greenhouse gas remedial direction.

27

Subclause   11(1) of Schedule   2B

that subclause included the following paragraph after paragraph   (b):

(c) in a case where the notice is issued to a person subject to a petroleum remedial direction or a greenhouse gas remedial direction that requires the person to take an action in, or in relation to the title area (within the meaning of section   572) of a title that is in force--the registered holder of the title.

28

Clause   13 of Schedule   2B

that clause included the following subclause after subclause   (2):

(2A) If the notice is issued to a person subject to a petroleum remedial direction or a greenhouse gas remedial direction that requires the person to take an action in, or in relation to the title area (within the meaning of section   572) of a title that is in force, the NOPSEMA inspector must take reasonable steps to give a copy of the notice to the registered holder of that title as soon as practicable after issuing the notice.

29

Clause   18 of Schedule   2B

a reference to a title included a reference to a petroleum remedial direction or a greenhouse gas remedial direction.

30

Clause   13A of Schedule   3

a reference to operations authorised by a petroleum title included a reference to activities carried out for the purpose of complying with a petroleum remedial direction.

31

Clause   13B of Schedule   3

a reference to operations authorised by a greenhouse gas title included a reference to activities carried out for the purpose of complying with a greenhouse gas remedial direction.

32

Subclause   76A(2) of Schedule   3

that subclause included the following paragraph after paragraph   (b):

(c) in a case where the notice is issued to a person subject to a petroleum remedial direction or a greenhouse gas remedial direction that requires the person to take an action in, or in relation to the title area (within the meaning of section   572) of a title that is in force--the registered holder of the title.

33

Subclause   77A(2) of Schedule   3

that subclause included the following paragraph after paragraph   (b):

(c) in a case where the notice is issued to a person subject to a petroleum remedial direction or a greenhouse gas remedial direction that requires the person to take an action in, or in relation to the title area (within the meaning of section   572) of a title that is in force--the registered holder of the title.

  (6)   The regulations may provide that this Act has effect for the purposes of this section with any modifications that are prescribed.

  (7)   Without limiting subsection   (6), the regulations may:

  (a)   prescribe additional provisions of this Act that:

  (i)   apply to persons who are subject to a petroleum remedial direction or a greenhouse gas remedial direction; or

  (ii)   do not apply to persons who are subject to a remedial direction; or

  (iii)   apply to persons subject to a remedial direction with modifications that are prescribed; or

  (b)   make further modifications of provisions already modified by subsections   (2) to (5).



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