Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
acts jointly with has the meaning given by subsection " " 566B(2).
"applied provisions" has the meaning given by subsection 80(2).
"approved" means approved in writing by the Titles Administrator. This definition does not apply to:
(a) the expression approved site plan ; or
(b) section 286A; or
(c) section 452A; or
(d) section 650; or
(e) subsection 695B(3); or
(f) section 695F; or
(g) section 695YC.
"approved site plan" means a site plan in respect of which an approval is in force under the regulations.
Note: See section 457.
"authority area" :
(a) when used in relation to a petroleum special prospecting authority--means the area constituted by the block or blocks that are the subject of the petroleum special prospecting authority; or
(b) when used in relation to a petroleum access authority--means the area to which the petroleum access authority relates; or
(c) when used in relation to a greenhouse gas search authority--means the area constituted by the block or blocks that are the subject of the greenhouse gas search authority; or
(d) when used in relation to a greenhouse gas special authority--means the area to which the greenhouse gas special authority relates.
"Bayu-Undan pipeline international offshore area" means the area described in Schedule 8.
"block" means a block constituted as provided by section 33, 282, 461A or 462.
"boundary-change petroleum exploration permit" means:
(a) a petroleum exploration permit granted under Division 4A of Part 2.2; or
(b) a petroleum exploration permit granted under Division 5 of Part 2.2 by way of the renewal of a permit referred to in paragraph (a).
"cash-bid greenhouse gas assessment permit" means:
(a) a greenhouse gas assessment permit granted under Division 3 of Part 3.2; or
(b) a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of the renewal of a permit referred to in paragraph (a).
"cash-bid petroleum exploration permit" means:
(a) a petroleum exploration permit granted under Division 3 of Part 2.2 of this Act; or
(b) an exploration permit granted under section 22B of the repealed Petroleum (Submerged Lands) Act 1967 ; or
(c) a petroleum exploration permit granted under Division 5 of Part 2.2 of this Act by way of the renewal of a permit referred to in paragraph (a) or (b); or
(d) an exploration permit granted under section 32 of the repealed Petroleum (Submerged Lands) Act 1967 by way of the renewal of a permit referred to in paragraph (b).
"civil penalty provision" has the same meaning as in the Regulatory Powers Act .
"closure assurance period" has the meaning given by section 399.
"coastal waters" , in relation to a State or the Northern Territory, means so much of the scheduled area for the State or Territory as consists of:
(a) the territorial sea; and
(b) any waters that are:
(i) on the landward side of the territorial sea; and
(ii) not within the limits of the State or Territory.
For this purpose, assume that the breadth of the territorial sea of Australia had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles.
"Commissioner" means a person appointed under section 780A.
"Commission of inquiry" means an inquiry conducted, or to be conducted, by a person appointed under section 780A.
"compatible cross-boundary law" has the meaning given by section 24A.
"consolidated work-bid greenhouse gas assessment permit" means:
(a) a greenhouse gas assessment permit granted under Subdivision B of Division 2 of Part 3.2; or
(b) a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of the renewal of a permit referred to in paragraph (a).
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"construct" includes place.
"continental shelf" means the continental shelf (within the meaning of the Seas and Submerged Lands Act 1973 ) adjacent to the coast of:
(a) Australia (including the coast of any island forming part of a State or Territory); or
(b) a Territory.
"Cross-boundary Authority" has the meaning given by section 76A and, when used in the expression the Cross-boundary Authority , means the Cross - boundary Authority for the offshore area concerned.
"cross-boundary greenhouse gas assessment permit" means a greenhouse gas assessment permit granted under:
(a) Division 3A of Part 3.2; or
(b) Subdivision B of Division 4 of Part 3.2.
"cross-boundary greenhouse gas holding lease" means a greenhouse gas holding lease granted under:
(a) Subdivision AA, BA or CA of Division 2 of Part 3.3; or
(b) Subdivision B of Division 3 of Part 3.3.
"cross-boundary greenhouse gas injection licence" means a greenhouse gas injection licence granted under Subdivision AA of Division 2 of Part 3.4.
"datum" means a reference frame for defining geographic coordinates.
Note: If the position on the surface of the Earth of a particular point is identified by a coordinate that is determined by reference to a particular datum, the use of a different datum will result in the same point being identified by a different coordinate.
"declared greenhouse gas facility" has the meaning given by section 18.
"declared petroleum exploration permit" has the meaning given by section 101.
"declared petroleum production licence" has the meaning given by section 164.
"declared petroleum retention lease" has the meaning given by section 138.
"designated agreement" has the meaning given by section 32.
"Designated Authority" :
(a) means a person who, at any time before the commencement of Part 6.10, was a Designated Authority (within the meaning of this Act); and
(b) when used in the expression the Designated Authority , means a person who, at any time before the commencement of Part 6.10, was the Designated Authority (within the meaning of this Act) for the offshore area concerned.
"designated external Territory" means:
(a) Norfolk Island; or
(b) the Territory of Christmas Island; or
(c) the Territory of Cocos (Keeling) Islands; or
(d) the Territory of Heard Island and McDonald Islands.
"designated public official" has the meaning given by section 33A.
"detection agent" means a substance, whether in a gaseous or liquid state, that:
(a) when added to:
(i) another substance; or
(ii) a mixture of other substances;
facilitates the monitoring of the behaviour of that other substance or that mixture, as the case may be; and
(b) is specified in the regulations.
"Eastern Greater Sunrise offshore area" has the meaning given by Schedule 7.
Note: The Eastern Greater Sunrise offshore area is a part of the offshore area of the Northern Territory.
"eligible greenhouse gas storage formation" has the meaning given by section 21.
"engage in conduct" means:
(a) do an act; or
(b) omit to perform an act.
"environmental management law" has the same meaning as in Schedule 2A.
"Environment Minister" means the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 .
"expert advisory committee" means a committee established under section 748.
"expert advisory committee member" means a member of an expert advisory committee, and includes the Chair of an expert advisory committee.
"expiry date" :
(a) when used in relation to a petroleum exploration permit, petroleum retention lease or petroleum production licence--has the meaning given by subsection 10(1); or
(b) when used in relation to a greenhouse gas assessment permit or a greenhouse gas holding lease (other than a special greenhouse gas holding lease)--has the meaning given by subsection 10(2).
"explore" :
(a) when used in relation to petroleum--has a meaning affected by subsection 19(1); or
(b) when used in relation to a potential greenhouse gas storage formation--has a meaning affected by subsections 19(2) and (3); or
(c) when used in relation to a potential greenhouse gas injection site--has a meaning affected by subsection 19(4).
"Federal Court" means the Federal Court of Australia.
"Federation Reform Fund" means the Federation Reform Fund established by section 5 of the Federation Reform Fund Act 2008 .
"fixed-term petroleum production licence" means a petroleum production licence covered by item 2, 3 or 5 of the table in subsection 165(1).
"fixed-term State/Territory petroleum production title" means a State/Territory petroleum production title that was granted for a term of years.
"fundamental suitability determinants" :
(a) when used in relation to an eligible greenhouse gas storage formation--has the meaning given by subsection 21(8); or
(b) when used in relation to an identified greenhouse gas storage formation--has the meaning given by subsection 312(11) or 312A(11).
"geographic coordinate" includes:
(a) a meridian of longitude by itself; and
(b) a parallel of latitude by itself.
"geological formation" includes:
(a) any seal or reservoir of a geological formation; and
(b) any associated geological attributes or features of a geological formation.
"good oilfield practice" means all those things that are generally accepted as good and safe in:
(a) the carrying on of exploration for petroleum; or
(b) petroleum recovery operations.
"good processing and transport practice" means all those things that are generally accepted as good and safe in:
(a) the processing, conveyance, transport and storage of petroleum; and
(b) the preparation of petroleum for transport.
"graticular section" has the meaning given by section 33.
"Greater Sunrise pipeline international offshore area" means the area declared under section 780P.
"Greater Sunrise special regime area" has the same meaning as in the Seas and Submerged Lands Act 1973 .
"Greater Sunrise unitisation agreement" means the Agreement between the Government of Australia and the Government of the Democratic Republic of Timor - Leste relating to the Unitisation of the Sunrise and Troubadour Fields, done at Dili on 6 March 2003, as in force immediately before the commencement of Schedule 1 to the Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019 .
Note: In 2007, the text of international agreements was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"Greater Sunrise unit reservoir petroleum production licence" means a petroleum production licence in respect of one or more blocks within the Eastern Greater Sunrise offshore area that would allow the licensee to recover petroleum from either or both of the Greater Sunrise unit reservoirs.
"Greater Sunrise unit reservoirs" means the unit reservoirs within the meaning of the Greater Sunrise unitisation agreement.
"Greater Sunrise visiting inspector" means a NOPSEMA inspector identified as a Greater Sunrise visiting inspector in his or her identity card (see subsection 602(4)).
"greenhouse gas assessment permit" means a greenhouse gas assessment permit granted under Part 3.2.
"greenhouse gas assessment permit area" means the permit area of a greenhouse gas assessment permit.
"greenhouse gas assessment permittee" means the registered holder of a greenhouse gas assessment permit.
"greenhouse gas facility line" means a pipe, or system of pipes, that is:
(a) for conveying a greenhouse gas substance; and
(b) part of a declared greenhouse gas facility.
"greenhouse gas holding lease" means a greenhouse gas holding lease granted under Part 3.3.
"greenhouse gas holding lease area" means the lease area of a greenhouse gas holding lease.
"greenhouse gas holding lessee" means the registered holder of a greenhouse gas holding lease.
"greenhouse gas infrastructure line" means a pipe, or system of pipes, that is:
(a) for conveying a greenhouse gas substance; and
(b) part of an infrastructure facility.
"greenhouse gas injection licence" means a greenhouse gas injection licence granted under Part 3.4.
"greenhouse gas injection licence area" means the licence area of a greenhouse gas injection licence.
"greenhouse gas injection licensee" means the registered holder of a greenhouse gas injection licence.
"greenhouse gas injection line" means a pipe, or system of pipes, for:
(a) conveying a greenhouse gas substance to be compressed, processed or otherwise prepared for injection into an identified greenhouse gas storage formation; or
(b) conveying a greenhouse gas substance for storage prior to being injected into an identified greenhouse gas storage formation; or
(c) conveying a greenhouse gas substance for injection into an identified greenhouse gas storage formation;
so long as the greenhouse gas substance does not pass through a terminal point on the pipe, or system of pipes, as the case may be, before it is injected into the identified greenhouse gas storage formation.
"greenhouse gas pipeline" means:
(a) a pipe, or system of pipes, in an offshore area for conveying a greenhouse gas substance, other than:
(i) a greenhouse gas injection line; or
(ii) a greenhouse gas infrastructure line; or
(iii) a greenhouse gas facility line; or
(iv) a pipe, or a system of pipes, that is specified in the regulations; or
(b) a part of a pipe covered by paragraph (a); or
(c) a part of a system of pipes covered by paragraph (a).
"greenhouse gas pumping station" means equipment for pumping a greenhouse gas substance or water, and includes any structure associated with that equipment.
"greenhouse gas research consent" means a greenhouse gas research consent granted under Part 3.7.
"greenhouse gas search authority" means a greenhouse gas search authority granted under Part 3.5.
"greenhouse gas special authority" means a greenhouse gas special authority granted under Part 3.6.
"greenhouse gas substance" means:
(a) carbon dioxide, whether in a gaseous or liquid state; or
(b) a prescribed greenhouse gas, whether in a gaseous or liquid state; or
(c) a mixture of any or all of the following substances:
(i) carbon dioxide, whether in a gaseous or liquid state;
(ii) one or more prescribed greenhouse gases, whether in a gaseous or liquid state;
(iii) one or more incidental greenhouse gas - related substances, whether in a gaseous or liquid state, that relate to either or both of the substances mentioned in subparagraphs (i) and (ii);
(iv) a prescribed detection agent, whether in a gaseous or liquid state;
so long as:
(v) the mixture consists overwhelmingly of either or both of the substances mentioned in subparagraphs (i) and (ii); and
(vi) if the mixture includes a prescribed detection agent--the concentration of the prescribed detection agent in the mixture is not more than the concentration prescribed in relation to that detection agent.
"greenhouse gas tank station" means a tank, or system of tanks, for holding or storing a greenhouse gas substance, and includes any structure associated with that tank or system of tanks.
"greenhouse gas valve station" means equipment for regulating the flow of a greenhouse gas substance, and includes any structure associated with that equipment.
"holder" , in relation to:
(a) a State/Territory petroleum exploration title; or
(b) a State/Territory petroleum retention title; or
(c) a State/Territory petroleum production title; or
(d) a State/Territory greenhouse gas assessment title;
means the person who, under a law of a State or Territory, is the registered holder of the State/Territory petroleum exploration title, the State/Territory petroleum retention title, the State/Territory petroleum production title or the State/Territory greenhouse gas assessment title, as the case may be.
"identified greenhouse gas storage formation" has the meaning given by section 312 or 312A.
"identity card" of a NOPSEMA inspector means an identity card issued to the inspector under the Regulatory Powers Act in its application under Division 1 of Part 6.5 of this Act.
"incidental greenhouse gas-related substance" has the meaning given by section 23.
"infrastructure facility" has the meaning given by section 15.
"infrastructure licence" means an infrastructure licence granted under:
(a) Part 2.5 of this Act; or
(b) Division 3A of Part III of the repealed Petroleum (Submerged Lands) Act 1967 .
"infrastructure licence area" means the licence area of an infrastructure licence.
"infrastructure licensee" means the registered holder of an infrastructure licence.
"Joint Authority" has the meaning given by section 56 and, when used in the expression the Joint Authority , means the Joint Authority for the offshore area concerned.
"key greenhouse gas operation" means:
(a) an operation to make a well; or
(b) an operation to inject, on an appraisal basis, a greenhouse gas substance into a part of a geological formation; or
(c) an operation to store, on an appraisal basis, a greenhouse gas substance in a part of a geological formation; or
(d) an operation to inject, on an appraisal basis, air, petroleum or water into a part of a geological formation; or
(e) an operation to store, on an appraisal basis, air, petroleum or water in a part of a geological formation; or
(f) an operation to carry out a seismic survey or any other kind of survey; or
(g) an operation to monitor the behaviour of:
(i) a greenhouse gas substance; or
(ii) air; or
(iii) petroleum; or
(iv) water;
stored in a part of a geological formation; or
(h) an operation to carry out baseline investigations relating to the storage of a greenhouse gas substance in a part of the geological formation; or
(i) an operation to take samples of the seabed or subsoil of an offshore area; or
(j) an operation specified in the regulations.
"key petroleum operation" means:
(a) an operation to make a well; or
(b) an operation to inject a substance into a part of a geological formation; or
(c) an operation to store a substance in a part of a geological formation; or
(d) an operation to carry out a seismic survey or any other kind of survey; or
(e) an operation to monitor the behaviour of a substance stored in a part of a geological formation; or
(f) an operation to take samples of the seabed or subsoil of an offshore area; or
(g) an operation specified in the regulations.
"lease area" :
(a) when used in relation to a petroleum retention lease--means the area constituted by the block or blocks that are the subject of the petroleum retention lease; or
(b) when used in relation to a greenhouse gas holding lease--means the area constituted by the block or blocks that are the subject of the greenhouse gas holding lease.
"lessee" :
(a) when used in relation to a petroleum retention lease--means the registered holder of the petroleum retention lease; or
(b) when used in relation to a greenhouse gas holding lease--means the registered holder of the greenhouse gas holding lease.
"licence area" :
(a) when used in relation to an infrastructure licence--means the place in relation to which the infrastructure licence is in force; or
(b) when used in relation to a petroleum production licence--means the area constituted by the block or blocks that are the subject of the petroleum production licence; or
(c) when used in relation to a greenhouse gas injection licence--means the area constituted by the block or blocks that are the subject of the greenhouse gas injection licence.
Note: The place in relation to which an infrastructure licence is in force must be a place in an offshore area--see subsection 198(2) and section 199.
"licensee" :
(a) when used in relation to a petroleum production licence--means the registered holder of the petroleum production licence; or
(b) when used in relation to an infrastructure licence--means the registered holder of the infrastructure licence; or
(c) when used in relation to a pipeline licence--means the registered holder of the pipeline licence; or
(d) when used in relation to a greenhouse gas injection licence--means the registered holder of the greenhouse gas injection licence.
"life-of-field petroleum production licence" means a petroleum production licence covered by item 1, 3A or 4 of the table in subsection 165(1).
"listed NOPSEMA law" : see section 601.
"listed OHS laws" has the meaning given by section 638.
"location" means a block or blocks in relation to which a declaration under section 131 is in force.
"Ministers responsible for mineral and energy resources matters" means a body (however described) that consists of the Minister of the Commonwealth, the Minister of each State and Territory and the Minister of New Zealand who is responsible, or principally responsible, for matters relating to energy or resources (or both).
"natural resources" has the same meaning as in paragraph 4 of Article 77 of the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.
Note: Paragraph 4 of Article 77 is as follows:
The natural resources referred to in this Part consist of the mineral and other non - living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil.
"New Zealand boundary treaty" means the Treaty between Australia and New Zealand establishing certain exclusive economic zone boundaries and continental shelf boundaries that was signed at Adelaide on 25 July 2004.
"NOPSEMA" means the National Offshore Petroleum Safety and Environmental Management Authority.
"NOPSEMA inspector" means a person appointed as a NOPSEMA inspector under section 602.
"Northern Territory title" means an authority, however described, under a law of the Northern Territory, to explore for, or to recover, petroleum.
"OEI Minister" means the Minister administering the Offshore Electricity Infrastructure Act 2021 .
"offshore area" means:
(a) the offshore area of New South Wales; or
(b) the offshore area of Victoria; or
(c) the offshore area of Queensland; or
(d) the offshore area of Western Australia; or
(e) the offshore area of South Australia; or
(f) the offshore area of Tasmania; or
(g) the Principal Northern Territory offshore area; or
(h) the Eastern Greater Sunrise offshore area; or
(i) the offshore area of Norfolk Island; or
(j) the offshore area of the Territory of Christmas Island; or
(k) the offshore area of the Territory of Cocos (Keeling) Islands; or
(l) the offshore area of the Territory of Ashmore and Cartier Islands; or
(m) the offshore area of the Territory of Heard Island and McDonald Islands;
and, when used in the expression the offshore area , means whichever of the areas referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l) or (m) is applicable.
Note 1: The offshore area of a State or Territory is defined by section 8.
Note 2: The offshore area of a State or Territory corresponds to the term adjacent area under the repealed Petroleum (Submerged Lands) Act 1967 .
Note 3: Under section 8A, each of the following areas is treated like an offshore area for the purposes of many provisions of this Act so far as they relate to petroleum pipelines:
(a) the Bayu - Undan pipeline international offshore area;
(b) the Greater Sunrise pipeline international offshore area (if declared).
Note 4: See also section 295B (permit area of a cross - boundary greenhouse gas assessment permit is taken to be included in the offshore area).
Note 5: See also section 323B (lease area of a cross - boundary greenhouse gas holding lease is taken to be included in the offshore area).
Note 6: See also section 360A (licence area of a cross - boundary greenhouse gas injection licence is taken to be included in the offshore area).
"Offshore Infrastructure Registrar" means the Registrar within the meaning of the Offshore Electricity Infrastructure Act 2021 .
"Offshore Infrastructure Regulator" means the Regulator within the meaning of the Offshore Electricity Infrastructure Act 2021 .
"original consolidated work-bid greenhouse gas assessment permit" means a consolidated work - bid greenhouse gas assessment permit that was granted otherwise than by way of renewal.
"original cross-boundary greenhouse gas assessment permit" means a cross - boundary greenhouse gas assessment permit granted otherwise than by way of renewal.
"original cross-boundary greenhouse gas holding lease" means a cross - boundary greenhouse gas holding lease granted otherwise than by way of renewal.
"original greenhouse gas assessment permit" means a greenhouse gas assessment permit that was granted otherwise than by way of renewal.
"original petroleum exploration permit" means a petroleum exploration permit granted otherwise than by way of renewal.
"original petroleum production licence" means a petroleum production licence granted otherwise than by way of renewal.
"original petroleum retention lease" means a petroleum retention lease granted otherwise than by way of renewal.
"original State/Territory greenhouse gas assessment title" means a State/Territory greenhouse gas assessment title granted otherwise than by way of renewal.
"original State/Territory petroleum exploration title" means a State/Territory petroleum exploration title granted otherwise than by way of renewal.
"original State/Territory petroleum retention title" means a State/Territory petroleum retention title granted otherwise than by way of renewal.
"partly cancelled" means:
(a) in relation to a petroleum exploration permit or petroleum production licence--cancelled as to one or more, but not all, of the blocks the subject of the permit or licence; and
(b) in relation to a pipeline licence--cancelled as to a part of the pipeline the subject of the licence.
"partly revoked" , in relation to a petroleum exploration permit or petroleum retention lease, means revoked as to one or more, but not all, of the blocks the subject of the permit or lease.
"partly surrendered" , in relation to a petroleum exploration permit, petroleum production licence or greenhouse gas injection licence, means surrendered as to one or more, but not all, of the blocks the subject of the permit or licence.
"partly terminated" , in relation to a pipeline licence, means terminated as to a part of the pipeline the subject of the licence.
"part of a geological formation" includes a part of a combination of geological formations.
"permit area" :
(a) when used in relation to a petroleum exploration permit--means the area constituted by the block or blocks that are the subject of the petroleum exploration permit; or
(b) when used in relation to a greenhouse gas assessment permit--means the area constituted by the block or blocks that are the subject of the greenhouse gas assessment permit.
"permittee" :
(a) when used in relation to a petroleum exploration permit--means the registered holder of the petroleum exploration permit; or
(b) when used in relation to a greenhouse gas assessment permit--means the registered holder of the greenhouse gas assessment permit.
"petroleum" means:
(a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or
(b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or
(c) any naturally occurring mixture of:
(i) one or more hydrocarbons, whether in a gaseous, liquid or solid state; and
(ii) one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide;
and:
(d) includes any petroleum as defined by paragraph (a), (b) or (c) that has been returned to a natural reservoir; and
(e) for the purposes of the pipeline provisions, also includes any petroleum as defined by paragraph (a), (b), (c) or (d), where:
(i) one or more things have been added; or
(ii) one or more things have been wholly or partly removed;
or both; and
(f) for the purposes of the pipeline provisions, also includes any mixture that:
(i) has been recovered from a well; and
(ii) includes petroleum as defined by paragraph (a), (b), (c) or (d);
whether or not:
(iii) one or more things have been added; or
(iv) one or more things have been wholly or partly removed;
or both.
"petroleum access authority" means:
(a) a petroleum access authority granted under Part 2.8 of this Act; or
(b) an access authority granted under section 112 of the repealed Petroleum (Submerged Lands) Act 1967 .
"petroleum exploration permit" means:
(a) a work - bid petroleum exploration permit; or
(b) a cash - bid petroleum exploration permit; or
(c) a special petroleum exploration permit; or
(d) a boundary - change petroleum exploration permit.
"petroleum exploration permit area" means the permit area of a petroleum exploration permit.
"petroleum exploration permittee" means the registered holder of a petroleum exploration permit.
"petroleum pipeline" means:
(a) a pipe, or system of pipes, in an offshore area for conveying petroleum (whether or not the petroleum is recovered from an offshore area), other than a secondary line; or
(b) a part of a pipe covered by paragraph (a); or
(c) a part of a system of pipes covered by paragraph (a).
"petroleum pool" means a naturally occurring discrete accumulation of petroleum.
"petroleum production licence" means:
(a) a petroleum production licence granted under Part 2.4 of this Act; or
(b) a production licence granted under Division 3 of Part III of the repealed Petroleum (Submerged Lands) Act 1967 ; or
(c) a production licence granted under section 148 of the repealed Petroleum (Submerged Lands) Act 1967 .
"petroleum production licence area" means the licence area of a petroleum production licence.
"petroleum production licensee" means the registered holder of a petroleum production licence.
"petroleum pumping station" means equipment for pumping petroleum or water, and includes any structure associated with that equipment.
"petroleum retention lease" means:
(a) a petroleum retention lease granted under Part 2.3 of this Act; or
(b) a retention lease granted under Division 2A of Part III of the repealed Petroleum (Submerged Lands) Act 1967 .
"petroleum retention lease area" means the lease area of a petroleum retention lease.
"petroleum retention lessee" means the registered holder of a petroleum retention lease.
"petroleum scientific investigation consent" means:
(a) a petroleum scientific investigation consent granted under Part 2.9 of this Act; or
(b) a scientific investigation consent granted under section 123 of the repealed Petroleum (Submerged Lands) Act 1967 .
"petroleum special prospecting authority" means:
(a) a petroleum special prospecting authority granted under Part 2.7 of this Act; or
(b) a special prospecting authority granted under section 111 of the repealed Petroleum (Submerged Lands) Act 1967 .
"petroleum tank station" means a tank, or system of tanks, for holding or storing petroleum, and includes any structure associated with that tank or system of tanks.
"petroleum valve station" means equipment for regulating the flow of petroleum, and includes any structure associated with that equipment.
"pipeline" means:
(a) a petroleum pipeline; or
(b) a greenhouse gas pipeline.
"pipeline licence" means a pipeline licence granted under:
(a) Part 2.6 of this Act; or
(b) Division 4 of Part III of the repealed Petroleum (Submerged Lands) Act 1967 .
"pipeline licensee" means the registered holder of a pipeline licence.
"pipeline provisions" means the following:
(a) Part 2.6;
(b) the definition of greenhouse gas pipeline in this section;
(c) the definition of greenhouse gas pumping station in this section;
(d) the definition of greenhouse gas tank station in this section;
(e) the definition of greenhouse gas valve station in this section;
(f) the definition of petroleum pipeline in this section;
(g) the definition of petroleum pumping station in this section;
(h) the definition of petroleum tank station in this section;
(i) the definition of petroleum valve station in this section;
(j) the definition of pipeline in this section;
(k) item 3 of the table in subsection 569(1).
"post-commencement petroleum exploration permit" means:
(a) an original petroleum exploration permit that was granted after the commencement of this section; or
(b) a petroleum exploration permit that was granted by way of renewal, where the original petroleum exploration permit was granted after the commencement of this section.
"post-commencement petroleum production licence" means:
(a) a petroleum production licence that was granted to the registered holder of:
(i) a post - commencement petroleum exploration permit; or
(ii) a post - commencement petroleum retention lease;
that was in force over the block or blocks to which the petroleum production licence relates; or
(b) a petroleum production licence granted under section 181; or
(c) a petroleum production licence granted under section 183, where the initial petroleum production licence mentioned in section 182 was a post - commencement petroleum production licence; or
(d) a petroleum production licence granted under section 183A; or
(e) a petroleum production licence that was granted by way of renewal, where the original petroleum production licence was granted under section 183A.
"post-commencement petroleum retention lease" means:
(a) an original petroleum retention lease that was granted to the registered holder of:
(i) a post - commencement petroleum exploration permit; or
(ii) a post - commencement petroleum production licence;
that was in force over the block or blocks to which the original petroleum retention lease relates; or
(b) a petroleum retention lease that was granted by way of renewal, where the original petroleum retention lease was granted to the registered holder of:
(i) a post - commencement petroleum exploration permit; or
(ii) a post - commencement petroleum production licence;
that was in force over the block or blocks to which the original petroleum retention lease related; or
(c) a petroleum retention lease granted under section 152A; or
(d) a petroleum retention lease that was granted by way of renewal, where the original petroleum retention lease was granted under section 152A.
"post-commencement petroleum title" means:
(a) a post - commencement petroleum exploration permit; or
(b) a post - commencement petroleum retention lease; or
(c) a post - commencement petroleum production licence.
"post-commencement State/Territory petroleum exploration title" means:
(a) an original State/Territory petroleum exploration title that was granted:
(i) under a law of a State or Territory; and
(ii) after the commencement of the provisions of the law that correspond to Chapter 3; or
(b) a State/Territory petroleum exploration title that was granted by way of renewal, where the original State/Territory petroleum exploration title was granted:
(i) under a law of a State or Territory; and
(ii) after the commencement of the provisions of the law that correspond to Chapter 3.
"post-commencement State/Territory petroleum production title" means:
(a) a State/Territory petroleum production title that was granted to the holder of:
(i) a post - commencement State/Territory petroleum exploration title; or
(ii) a post - commencement State/Territory petroleum retention title;
that was in force over the State/Territory block or State/Territory blocks to which the State/Territory petroleum production title relates; or
(b) a State/Territory petroleum production title granted under a provision of a law of a State or Territory that corresponds to section 181; or
(c) a State/Territory petroleum production title granted under a provision of a law of a State or Territory that corresponds to section 183, where the initial State/Territory petroleum production title mentioned in the provision of a law of a State or Territory that corresponds to section 182 was a post - commencement State/Territory petroleum production title; or
(d) a State/Territory petroleum production title granted under a provision of a law of a State or Territory that corresponds to section 183A; or
(e) a State/Territory petroleum production title that was granted by way of renewal, where the original State/Territory petroleum production title was granted under a provision of a law of a State or Territory that corresponds to section 183A.
"post-commencement State/Territory petroleum retention title" means:
(a) an original State/Territory petroleum retention title that was granted to the holder of:
(i) a post - commencement State/Territory petroleum exploration title; or
(ii) a post - commencement State/Territory petroleum production title;
that was in force over the State/Territory block or State/Territory blocks to which the original State/Territory petroleum retention title relates; or
(b) a State/Territory petroleum retention title that was granted by way of renewal, where the original State/Territory petroleum retention title was granted to the holder of:
(i) a post - commencement State/Territory petroleum exploration title; or
(ii) a post - commencement State/Territory petroleum production title;
that was in force over the State/Territory block or State/Territory blocks to which the original State/Territory petroleum retention title related; or
(c) a State/Territory petroleum retention title granted under a provision of a law of a State or Territory that corresponds to section 152A; or
(d) a State/Territory petroleum retention title that was granted by way of renewal, where the original State/Territory petroleum retention title was granted under a provision of a law of a State or Territory that corresponds to section 152A.
"post-commencement State/Territory petroleum title" means:
(a) a post - commencement State/Territory petroleum exploration title; or
(b) a post - commencement State/Territory petroleum retention title; or
(c) a post - commencement State/Territory petroleum production title.
"potential greenhouse gas injection site" has the meaning given by section 22.
"potential greenhouse gas storage formation" has the meaning given by section 20.
"pre-commencement petroleum exploration permit" means a petroleum exploration permit other than a post - commencement petroleum exploration permit.
"pre-commencement petroleum production licence" means a petroleum production licence other than a post - commencement petroleum production licence.
"pre-commencement petroleum retention lease" means a petroleum retention lease other than a post - commencement petroleum retention lease.
"pre-commencement petroleum title" means:
(a) a pre - commencement petroleum exploration permit; or
(b) a pre - commencement petroleum retention lease; or
(c) a pre - commencement petroleum production licence.
"pre-commencement State/Territory petroleum exploration title" means a State/Territory petroleum exploration title other than a post - commencement State/Territory petroleum exploration title.
"pre-commencement State/Territory petroleum production title" means a State/Territory petroleum production title other than a post - commencement State/Territory petroleum production title.
"pre-commencement State/Territory petroleum retention title" means a State/Territory petroleum retention title other than a post - commencement State/Territory petroleum retention title.
"pre-commencement State/Territory petroleum title" means:
(a) a pre - commencement State/Territory petroleum exploration title; or
(b) a pre - commencement State/Territory petroleum retention title; or
(c) a pre - commencement State/Territory petroleum production title.
"Principal Northern Territory offshore area" means so much of the offshore area of the Northern Territory as does not consist of the Eastern Greater Sunrise offshore area.
Note: The offshore area of the Northern Territory is defined by section 8.
"pumping station" means:
(a) a greenhouse gas pumping station; or
(b) a petroleum pumping station.
"Register" :
(a) when used in Chapter 4--has the meaning given by section 467; or
(b) when used in Chapter 5--has the meaning given by section 519; or
(c) when used in Chapter 5A--has the meaning given by section 566A.
"registered holder" , in relation to a title, means the person whose name is shown in the Register kept under section 469 or 521 as the holder of the title. For this purpose, a title is a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence, pipeline licence, petroleum special prospecting authority, petroleum access authority, greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority.
"regulated operation" means:
(a) an activity to which Chapter 2 applies; or
(b) an activity to which Chapter 3 applies.
For the purposes of paragraph (b), assume that each reference in subsection 356(1) to a substance were a reference to a greenhouse gas substance.
"Regulatory Levies Act" means the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 .
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"related body corporate" has the same meaning as in the Corporations Act 2001 .
"relevant area" :
(a) in relation to a State/Territory greenhouse gas assessment title--means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or
(b) in relation to a pre - commencement State/Territory petroleum title--means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or
(c) in relation to a pre - commencement State/Territory petroleum exploration title--means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or
(d) in relation to a pre - commencement State/Territory petroleum retention title--means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title; or
(e) in relation to a State/Territory petroleum production title--means the area constituted by the State/Territory block or State/Territory blocks that are the subject of the title.
"renewal" :
(a) when used in relation to a petroleum exploration permit, petroleum retention lease or petroleum production licence--has the meaning given by subsection 11(1); or
(b) when used in relation to a greenhouse gas assessment permit or greenhouse gas holding lease--has the meaning given by subsection 11(2).
"responsible Commonwealth Minister" means:
(a) the Minister who is responsible for the administration of this Act; or
(b) another Minister acting for and on behalf of the Minister referred to in paragraph (a).
"responsible Northern Territory Minister" means:
(a) the Minister of the Northern Territory who is authorised under a law of the Northern Territory to perform the functions, and exercise the powers, of a member of the Joint Authority for the Northern Territory under this Act; or
(b) another Minister of the Northern Territory acting for and on behalf of the Minister referred to in paragraph (a).
"responsible State Minister" , in relation to a State, means:
(a) whichever of the following applies:
(i) the Minister of the State (other than Tasmania) who is authorised under a law of the State to perform the functions, and exercise the powers, of a member of the Joint Authority for the State under this Act;
(ii) the Minister of Tasmania who is responsible for the State PSLA for Tasmania, within the meaning of Part 6.9 (see section 643); or
(b) another Minister of the State acting for and on behalf of the Minister referred to in paragraph (a).
"Royal Commission" has the same meaning as in the Royal Commissions Act 1902 .
"Royalty Act" means the Offshore Petroleum (Royalty) Act 2006 .
"scheduled area" , in relation to a State or Territory, has the meaning given by Schedule 1.
"secondary line" means a pipe, or system of pipes, for:
(a) returning petroleum to a natural reservoir; or
(b) conveying petroleum for use for petroleum exploration operations; or
(c) conveying petroleum for use for petroleum recovery operations; or
(d) conveying petroleum that is to be flared or vented; or
(e) conveying petroleum from a well, wherever located, to a terminal station in an offshore area without passing through another terminal station.
"Secretary" means the Secretary of the Department.
"serious situation" , in relation to an identified greenhouse gas storage formation, has the meaning given by section 379.
"significant risk" has a meaning affected by section 25, 26, 27, 27A, 28, 28A or 29 .
"site closing certificate" means a certificate issued under section 392.
"site plan" , in relation to an identified greenhouse gas storage formation, has the meaning given by section 24.
"spatial extent" of an eligible greenhouse gas storage formation has the meaning given by subsection 21(3).
"special cross-boundary greenhouse gas holding lease" means a greenhouse gas holding lease granted under section 342C.
"special greenhouse gas holding lease" means a greenhouse gas holding lease granted under section 338.
"special petroleum exploration permit" means:
(a) a petroleum exploration permit granted under Division 4 of Part 2.2 of this Act; or
(b) an exploration permit granted under section 27 of the repealed Petroleum (Submerged Lands) Act 1967 ; or
(c) a petroleum exploration permit granted under Division 5 of Part 2.2 of this Act by way of the renewal of a permit referred to in paragraph (a) or (b); or
(d) an exploration permit granted under section 32 of the repealed Petroleum (Submerged Lands) Act 1967 by way of the renewal of a permit referred to in paragraph (b).
"State/Territory block" , when used in relation to:
(a) a State/Territory petroleum exploration title; or
(b) a State/Territory petroleum retention title; or
(c) a State/Territory petroleum production title; or
(d) a State/Territory greenhouse gas assessment title;
means a block within the meaning of the State PSLA or Territory PSLA under which the title was granted, so long as no part of the block is within the limits of a State or Territory. For this purpose, State PSLA and Territory PSLA have the same meaning as in Part 6.9.
"State/Territory greenhouse gas assessment title" means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or the Northern Territory, rights that correspond to the rights that a greenhouse gas assessment permit confers in relation to the offshore area of the State or the Principal Northern Territory offshore area, as the case requires.
"State/Territory greenhouse gas storage administrator" has the meaning given by section 30A.
"State/Territory identified greenhouse gas storage formation" means an identified greenhouse gas storage formation within the meaning of a State PSLA or Territory PSLA. For this purpose, State PSLA and Territory PSLA have the same meaning as in Part 6.9.
"State/Territory" petroleum exploration title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, rights that correspond to the rights that a petroleum exploration permit confers in relation to the offshore area of the State or Territory.
"State/Territory" petroleum production title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, rights that correspond to the rights that a petroleum production licence confers in relation to the offshore area of the State or Territory.
"State/Territory" petroleum retention title means an instrument under a law of a State or the Northern Territory that confers, in relation to the coastal waters of the State or Territory, rights that correspond to the rights that a petroleum retention lease confers in relation to the offshore area of the State or Territory.
"State title" means an authority, however described, under a law of a State, to explore for, or to recover, petroleum.
"structural integrity" includes the following:
(a) structural soundness;
(b) structural strength;
(c) stability;
(d) fitness for purpose;
(e) mechanical integrity;
(f) systems integrity;
in connection with:
(g) the containment of:
(i) petroleum; or
(ii) a greenhouse gas substance; or
(iii) any other substance; or
(h) the health and safety of persons engaged in:
(i) offshore petroleum operations (within the meaning of Part 6.9); or
(ii) offshore greenhouse gas operations (within the meaning of Part 6.9).
For the purposes of paragraph (f), systems integrity includes the integrity of the following:
(i) electrical systems;
(j) electronic systems;
(k) hydraulic systems;
(l) chemical systems;
(m) dynamic positioning systems;
(n) other systems.
"structural integrity law" means the provisions of this Act or the regulations to the extent to which the provisions relate to the structural integrity of:
(a) facilities (within the meaning of Schedule 3); or
(b) wells; or
(c) well - related equipment.
"tank station" means:
(a) a greenhouse gas tank station; or
(b) a petroleum tank station.
"term" :
(a) when used in relation to a petroleum exploration permit, petroleum retention lease, petroleum production licence, infrastructure licence, pipeline licence, petroleum special prospecting authority or petroleum access authority--has the meaning given by subsection 10(1); or
(b) when used in relation to a greenhouse gas assessment permit, greenhouse gas holding lease, greenhouse gas injection licence, greenhouse gas search authority or greenhouse gas special authority--has the meaning given by subsection 10(2).
"terminal point" has the meaning given by section 17.
"terminal station" has the meaning given by section 16.
"Territory" means a Territory in which this Act applies or to which this Act extends.
"tied" , in relation to a greenhouse gas holding lease or greenhouse gas injection licence, has the meaning given by section 13.
"Timorese Designated Authority" means the authority that is the Designated Authority under paragraph 2 of Article 6 of Annex B to the Timor Sea Maritime Boundaries Treaty.
"Timor Sea Maritime Boundaries Treaty" means the Treaty between Australia and the Democratic Republic of Timor - Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force from time to time.
Note: The Timor Sea Maritime Boundaries Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"title" :
(a) when used in the definition of registered holder --has the meaning given by the second sentence of that definition; or
(b) when used in Subdivision A of Division 2 of Part 1.2--has the meaning given by section 38; or
(c) when used in Division 3 of Part 1.2--has the meaning given by section 50; or
(e) when used in section 282--has the meaning given by subsection 282(6); or
(f) when used in section 462--has the meaning given by subsection 462(6); or
(g) when used in Chapter 4--has the meaning given by section 467; or
(ga) when used in Chapter 5--has the meaning given by section 519; or
(gb) when used in Chapter 5A--has the meaning given by section 566A; or
(h) when used in section 574--has the meaning given by subsection 574(1); or
(ha) when used in section 574A--has the meaning given by subsection 574A(1); or
(i) when used in Division 2A of Part 6.2--has the meaning given by subsection 576A(3); or
(ia) when used in section 579A--has the meaning given by subsection 579A(1); or
(j) when used in section 580--has the meaning given by subsection 580(1).
"title area" :
(a) when used in Division 3 of Part 1.2--has the meaning given by section 51; or
(b) when used in section 572--has the meaning given by subsection 572(1); or
(ba) when used in Division 2A of Part 6.2--has the meaning given by subsection 576A(3); or
(c) when used in section 586--has the meaning given by subsection 586(6); or
(d) when used in section 586A--has the meaning given by subsection 586A(7).
"titleholder" :
(a) when used in Division 3 of Part 1.2--has the meaning given by section 51; or
(b) when used in section 572--has the meaning given by subsection 572(1).
"titleholder's representative" : see section 602K.
"Titles Administrator" means the National Offshore Petroleum Titles Administrator.
"vacated area" has the meaning given by section 14.
"valve station" means:
(a) a greenhouse gas valve station; or
(b) a petroleum valve station.
"vessel" means a vessel used in navigation, other than air navigation, and includes a barge, lighter or other floating vessel.
"water line" means a pipe, or system of pipes, for conveying water in connection with:
(a) petroleum exploration operations; or
(b) petroleum recovery operations; or
(c) exploration for potential greenhouse gas storage formations; or
(d) exploration for potential greenhouse gas injection sites; or
(e) the injection of a greenhouse gas substance into an identified greenhouse gas storage formation; or
(f) the injection, on an appraisal basis, of a greenhouse gas substance into a part of a geological formation; or
(g) the injection, on an appraisal basis, of air, petroleum or water into a part of a geological formation.
"well" means a hole in the seabed or subsoil made by drilling, boring or any other means in connection with:
(a) exploration for petroleum; or
(b) petroleum recovery operations; or
(c) exploration for potential greenhouse gas storage formations; or
(d) exploration for potential greenhouse gas injection sites; or
(e) the injection of a greenhouse gas substance into an identified greenhouse gas storage formation; or
(f) the injection, on an appraisal basis, of a greenhouse gas substance into a part of a geological formation; or
(g) the injection, on an appraisal basis, of air, petroleum or water into a part of a geological formation;
but does not include a seismic shot hole.
"well integrity law" has the same meaning as in Schedule 2B.
"well-related equipment" means any:
(a) plant; or
(b) equipment; or
(c) other thing;
for containing pressure in a well.
"Western Greater Sunrise area" has the meaning given by Schedule 7.
"wholly cancelled" , in relation to a petroleum exploration permit, petroleum production licence or pipeline licence, means cancelled as to all the blocks, or as to the whole of the pipeline, the subject of the permit or licence.
"wholly revoked" , in relation to a petroleum exploration permit or petroleum retention lease, means revoked as to all the blocks the subject of the permit or lease.
"wholly terminated" , in relation to a pipeline licence, means terminated as to the whole of the pipeline the subject of the licence.
"work-bid greenhouse gas assessment permit" means:
(a) a greenhouse gas assessment permit granted under Division 2 of Part 3.2; or
(b) a greenhouse gas assessment permit granted under Division 4 of Part 3.2 by way of the renewal of a permit referred to in paragraph (a).
"work-bid petroleum exploration permit" means:
(a) a petroleum exploration permit granted under Division 2 of Part 2.2 of this Act; or
(b) an exploration permit granted under section 22 of the repealed Petroleum (Submerged Lands) Act 1967 ; or
(c) a petroleum exploration permit granted under Division 5 of Part 2.2 of this Act by way of the renewal of a permit referred to in paragraph (a) or (b); or
(d) an exploration permit granted under section 32 of the repealed Petroleum (Submerged Lands) Act 1967 by way of the renewal of a permit referred to in paragraph (b).