Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Part, unless the contrary intention appears:
"Board" means the National Offshore Petroleum Safety and Environmental Management Authority Board continued in existence by section 653.
"Board member" means a member of the Board, and includes the Chair of the Board.
"CEO" means the Chief Executive Officer of NOPSEMA.
"Commonwealth waters" means the waters of the sea that comprise the offshore areas of each State and of each Territory, the Bayu - Undan pipeline international offshore area and the Greater Sunrise pipeline international offshore area.
Note: The offshore area of a State or Territory is defined by section 8.
"designated coastal waters" , in relation to a State or the Northern Territory, has the meaning given by section 644.
(a) a facility (within the meaning of Schedule 3) located in Commonwealth waters; or
(b) if there are provisions of a State or Territory PSLA that substantially correspond to Schedule 3 to this Act to the extent to which that Schedule relates to offshore petroleum operations--a vessel, structure or other thing that:
(i) is located in the designated coastal waters of the State or of the Northern Territory, as the case may be; and
(ii) would have been a facility (within the meaning of Schedule 3 to this Act) if subclauses 4(5A) to (5E) of that Schedule had not been enacted and the vessel, structure, or thing had been located in Commonwealth waters; or
(c) if there are provisions of a State or Territory PSLA that substantially correspond to Schedule 3 to this Act to the extent to which that Schedule relates to offshore greenhouse gas storage operations--a vessel, structure or other thing that:
(i) is located in the designated coastal waters of the State or of the Northern Territory, as the case may be; and
(ii) would have been a facility (within the meaning of Schedule 3 to this Act) if subclauses 4(1) to (5) of that Schedule had not been enacted and the vessel, structure, or thing had been located in Commonwealth waters.
For the purposes of paragraphs (b) and (c), assume that a reference in Schedule 3 to this Act to a pipeline licence includes a reference to a pipeline licence under a State or Territory PSLA.
"Greenhouse Gas Storage Ministerial Council" means:
(a) if there is a Ministerial Council that deals with matters relating to:
(i) the injection of greenhouse gas substances into parts of geological formations; and
(ii) the permanent storage of greenhouse gas substances in parts of geological formations;
(b) in any other case--the Ministers responsible for mineral and energy resources matters.
(a) Commonwealth waters; and
(b) the designated coastal waters of each State and of the Northern Territory.
"Northern Territory Greenhouse Gas Storage Minister" means:
(a) the Minister of the Northern Territory who is responsible for matters relating to:
(i) the injection of greenhouse gas substances into parts of geological formations; and
(ii) the permanent storage of greenhouse gas substances in parts of geological formations; or
(b) another Minister of the Northern Territory acting for and on behalf of the Minister referred to in paragraph (a).
"Northern Territory Petroleum Minister" means:
(a) the Minister of the Northern Territory who is responsible for the Territory PSLA; or
(b) another Minister of the Northern Territory acting for and on behalf of the Minister referred to in paragraph (a).
"offshore greenhouse gas storage environmental management" means the prevention, management, mitigation or remediation of the environmental impacts of regulated operations that relate to:
(a) the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites; or
(b) the injection of a greenhouse gas substance into the seabed or subsoil; or
(c) the permanent storage of a greenhouse gas substance in the seabed or subsoil; or
(d) the compression, processing, offloading, piped conveyance or pre - injection storage of a greenhouse gas substance; or
(e) the monitoring of a greenhouse gas substance stored in the seabed or subsoil.
"offshore greenhouse gas storage operations" means any regulated operations (including diving operations) that:
(i) the exploration for potential greenhouse gas storage formations or potential greenhouse gas injection sites; or
(ii) the injection of a greenhouse gas substance into the seabed or subsoil; or
(iii) the permanent storage of a greenhouse gas substance in the seabed or subsoil; or
(iv) the compression, processing, offloading, piped conveyance or pre - injection storage of a greenhouse gas substance; or
(v) the monitoring of a greenhouse gas substance stored in the seabed or subsoil; and
(b) if the operations are diving operations--take place in NOPSEMA waters; and
(c) if the operations are not diving operations--take place:
(i) in NOPSEMA waters; and
(ii) at a facility.
For the purposes of the application of this definition to paragraph 646(gp), disregard subparagraph (c)(ii) of this definition.
"offshore petroleum environmental management" means the prevention, management, mitigation or remediation of the environmental impacts of regulated operations that relate to:
(a) the exploration for petroleum; or
(b) the recovery, processing, storage, offloading or piped conveyance of petroleum.
"offshore petroleum operations" means any regulated operations (including diving operations) that:
(i) the exploration for petroleum; or
(ii) the recovery, processing, storage, offloading or piped conveyance of petroleum; and
(b) if the operations are diving operations--take place in NOPSEMA waters; and
(c) if the operations are not diving operations--take place:
(i) in NOPSEMA waters; and
(ii) at a facility.
"regulated operation" includes an activity to which the core regulatory provisions of a State or Territory PSLA apply. For this purpose, the core regulatory provisions are the provisions that substantially correspond to Chapter 2 or 3 of this Act.
"State Greenhouse Gas Storage Minister" , in relation to a State, means:
(a) the Minister of that State who is responsible for matters relating to:
(i) the injection of greenhouse gas substances into parts of geological formations; and
(ii) the permanent storage of greenhouse gas substances in parts of geological formations; or
(b) another Minister of that State acting for and on behalf of the Minister referred to in paragraph (a).
"State Petroleum Minister" , in relation to a State, means:
(a) the Minister of that State who is responsible for the State PSLA; or
(b) another Minister of that State acting for and on behalf of the Minister referred to in paragraph (a).
(a) in relation to New South Wales--the Petroleum (Submerged Lands) Act 1982 of that State or such other law of that State as is prescribed by the regulations for the purposes of this paragraph; or
(b) in relation to Victoria--the Offshore Petroleum and Greenhouse Gas Storage Act 2010 of that State or such other law of that State as is prescribed by the regulations for the purposes of this paragraph; or
(c) in relation to Queensland--the Petroleum (Submerged Lands) Act 1982 of that State or such other law of that State as is prescribed by the regulations for the purposes of this paragraph; or
(d) in relation to Western Australia--the Petroleum (Submerged Lands) Act 1982 of that State or such other law of that State as is prescribed by the regulations for the purposes of this paragraph; or
(e) in relation to South Australia--the Petroleum (Submerged Lands) Act 1982 of that State or such other law of that State as is prescribed by the regulations for the purposes of this paragraph; or
(f) in relation to Tasmania--the Petroleum (Submerged Lands) Act 1982 of that State or such other law of that State as is prescribed by the regulations for the purposes of this paragraph.
"Territory PSLA" means the Petroleum (Submerged Lands) Act 1981 (NT) or such
other law of the Northern Territory as is prescribed by the regulations for
the purposes of this paragraph.