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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 780A

Appointment of Commissioner

  (1)   The responsible Commonwealth Minister may, in writing, appoint a person to:

  (a)   conduct a Commission of inquiry into matters specified in the instrument of appointment relating to any or all of the following:

  (i)   a significant offshore petroleum incident;

  (ii)   any matters incidental to a significant offshore petroleum incident;

  (iii)   a significant offshore greenhouse gas incident;

  (iv)   any matters incidental to a significant offshore greenhouse gas incident; and

  (b)   report to the responsible Commonwealth Minister on the matters (including any recommendations relating to the matters) on or before a day specified in the instrument of appointment.

  (2)   The appointment takes effect on the day of effect specified in the instrument of appointment. The day of effect must not be earlier than the day on which the instrument is made.

  (3)   A copy of the instrument must be published in the Gazette .

  (4)   The Commissioner's report is not a legislative instrument.

  (5)   For the purposes of this section, a significant offshore petroleum incident is a significant incident or occurrence that relates to any or all of the following operations in an offshore area:

  (a)   petroleum exploration operations;

  (b)   petroleum recovery operations;

  (c)   operations relating to the processing or storage of petroleum;

  (d)   operations relating to the preparation of petroleum for transport;

  (e)   operations connected with the construction or operation of a pipeline;

  (f)   operations relating to the decommissioning or removal of structures, equipment or other items of property that have been brought into an offshore area for or in connection with any of the operations mentioned in paragraph   (a), (b), (c), (d) or (e).

  (6)   Paragraph   (5)(f) does not, by implication, limit paragraph   (5)(a), (b), (c), (d) or (e).

  (7)   For the purposes of this section, a significant offshore greenhouse gas incident is a significant incident or occurrence that relates to any or all of the following operations in an offshore area:

  (a)   operations relating to exploration for a potential greenhouse gas storage formation or a potential greenhouse gas injection site;

  (b)   operations relating to the injection of a greenhouse gas substance into the seabed or subsoil;

  (c)   operations relating to the storage of a greenhouse gas substance in the seabed or subsoil;

  (d)   operations relating to the processing, compression or pre - injection storage of a greenhouse gas substance;

  (e)   operations relating to the preparation of a greenhouse gas substance for transport;

  (f)   operations relating to the decommissioning or removal of structures, equipment or other items of property that have been brought into an offshore area for or in connection with any of the operations mentioned in paragraph   (a), (b), (c), (d) or (e).

  (8)   Paragraph   (7)(f) does not, by implication, limit paragraph   (7)(a), (b), (c), (d) or (e).

  (9)   For the purposes of this section, a significant incident or occurrence includes circumstances in which a significant incident or occurrence nearly happened.

Note:   NOPSEMA may issue directions to petroleum titleholders in relation to significant offshore petroleum incidents (other than those to which subsection   (9) relates): see Division   2A of Part   6.2.


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