Commonwealth Consolidated Acts Commonwealth Consolidated Acts• The Titles Administrator must keep a Register, for each offshore area, of petroleum titles and petroleum special prospecting authorities that relate to that offshore area.
• A transfer of a petroleum title must be approved by the Titles Administrator, and an instrument of transfer must be registered under this Part.
• A dealing in a petroleum title must be approved by the Titles Administrator, and the approval must be entered in the relevant Register.
• The Titles Administrator must keep a Register of greenhouse gas titles and greenhouse gas search authorities.
• A transfer of a greenhouse gas title must be approved by the Titles Administrator, and an instrument of transfer must be registered under this Part.
• A dealing in a greenhouse gas title must be approved by the Titles Administrator, and the approval must be entered in the Register.
• A person who begins to control, or ceases to control, a registered holder of a title may commit an offence or contravene a civil penalty provision if the change in control has not been approved by the Titles Administrator.
• The Titles Administrator may obtain information, documents or evidence in relation to a change in control of a registered holder, or a possible change in control, in certain circumstances.
• This Part imposes requirements that must be complied with by titleholders in relation to the following:
(a) the commencement of works or operations;
(b) work practices;
(c) financial assurance;
(d) the maintenance and removal of property.
If there is an escape of petroleum in relation to a petroleum activity, the titleholder is required to do the following in any offshore area:
(a) eliminate or control the escape;
(b) clean up the escaped petroleum and remediate any resulting damage to the environment;
(c) carry out environmental monitoring of the impact of the escape on the environment.
If any of the escaped petroleum has migrated to land or waters of a State, the Northern Territory or a designated external Territory, the titleholder is required to do the following on that land or in those waters:
(a) clean up the escaped petroleum and remediate any resulting damage to the environment;
(b) carry out environmental monitoring of the impact of the escape on the environment.
If the titleholder fails to do any of these things, NOPSEMA or the responsible Commonwealth Minister may do them instead. The titleholder must reimburse NOPSEMA or the Commonwealth for the costs and expenses of any such action.
The titleholder must also reimburse a State or the Northern Territory for any reasonable costs or expenses incurred in doing any of the following in land or waters of the State or the Northern Territory:
(a) cleaning up the escaped petroleum;
(b) remediating any resulting damage to the environment;
(c) carrying out environmental monitoring of the impact of the escape on the environment.
• NOPSEMA or the responsible Commonwealth Minister may give a direction to a petroleum titleholder. A direction may extend to other persons.
• If there is a significant offshore petroleum incident in a petroleum title area, NOPSEMA may give a specific direction to the titleholder to deal with the escape of petroleum resulting from the incident, whether within or outside the title area.
• If there is a breach of a direction given by the Joint Authority or NOPSEMA under Chapter 2, this Chapter or the regulations, NOPSEMA may do anything required by the direction to be done, and NOPSEMA's costs may be recovered from the person to whom the direction was given.
• If there is a breach of a direction given by the responsible Commonwealth Minister under this Part, the responsible Commonwealth Minister may do anything required by the direction to be done, and the responsible Commonwealth Minister's costs may be recovered from the person to whom the direction was given.
• In a prosecution for an offence, or a proceeding for a civil penalty order, relating to a breach of:
(a) a direction given by the Joint Authority or NOPSEMA under Chapter 2, this Chapter or the regulations; or
(b) a direction given by the responsible Commonwealth Minister under this Part;
it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
• NOPSEMA or the responsible Commonwealth Minister may give a direction to a greenhouse gas titleholder. A direction may extend to other persons.
• If there is a breach of a direction given by NOPSEMA or the responsible Commonwealth Minister under Chapter 3, this Chapter or the regulations, NOPSEMA or the responsible Commonwealth Minister may do anything required by the direction to be done, and NOPSEMA's costs or the responsible Commonwealth Minister's costs may be recovered from the person to whom the direction was given.
• In a prosecution for an offence relating to a breach of a direction given by NOPSEMA or the responsible Commonwealth Minister under Chapter 3, this Chapter or the regulations, it is a defence if the defendant proves that the defendant took all reasonable steps to comply with the direction.
• NOPSEMA may give remedial directions to petroleum titleholders, former petroleum titleholders or certain other persons about the following matters:
(a) the removal of property;
(b) the plugging or closing off of wells;
(c) the conservation and protection of natural resources;
(d) the making good of damage to the seabed or subsoil.
• The responsible Commonwealth Minister may give remedial directions to petroleum titleholders, former petroleum titleholders or certain other persons about the following matters:
(a) the plugging or closing off of wells;
(b) the conservation and protection of natural resources;
(c) the making good of damage to the seabed or subsoil.
• If there is a breach of a remedial direction, NOPSEMA or the responsible Commonwealth Minister may do anything required by the direction to be done.
• If property has not been removed in accordance with a remedial direction, NOPSEMA may direct the owner to remove or dispose of the property.
• NOPSEMA or the responsible Commonwealth Minister may give remedial directions to greenhouse gas titleholders, former greenhouse gas titleholders or certain other persons about the following matters:
(a) the removal of property;
(b) the plugging or closing off of wells;
(c) the conservation and protection of natural resources;
(d) the making good of damage to the seabed or subsoil.
• The responsible Commonwealth Minister may give site closing directions to greenhouse gas injection licensees.
• If there is a breach of a direction, NOPSEMA or the responsible Commonwealth Minister may do anything required by the direction to be done.
• If property has not been removed in accordance with a direction, NOPSEMA or the responsible Commonwealth Minister may direct the owner to remove or dispose of the property.
• The CEO may appoint inspectors (called NOPSEMA inspectors ). The NOPSEMA inspectors may exercise powers of entry, monitoring and investigation for the purposes of this Act.
• The exercise of some of these powers is provided for under Parts 2 and 3 of the Regulatory Powers Act. Those Parts of that Act are applied by this Division with suitable modifications.
• A person must not interfere with offshore petroleum installations or operations.
• A person must not interfere with greenhouse gas installations or operations.
• A court may make a forfeiture order in relation to property used in the commission of an offence.
• This Division provides that civil penalty provisions set out in this Act are enforceable under Part 4 of the Regulatory Powers Act.
• This Division provides for infringement notices that can be issued and enforced in accordance with Part 5 of the Regulatory Powers Act.
• This Division provides for the grant of injunctions to enforce compliance with this Act, relying on the framework set out in Part 7 of the Regulatory Powers Act.
• This Division provides for adverse publicity orders to be made by a court.
• This Division provides for the acceptance of enforceable undertakings relating to compliance with this Act, relying on the framework set out in Part 6 of the Regulatory Powers Act.
• NOPSEMA may prohibit certain vessels from entering or being present in an area (called a petroleum safety zone ) surrounding a petroleum well, a structure, or an item of equipment, in an offshore area.
• NOPSEMA may prohibit certain vessels from entering or being present in an area (called a greenhouse gas safety zone ) surrounding a greenhouse gas well, a structure, or an item of equipment, in an offshore area.
• The area to be avoided is the area described in Schedule 2 (an area off the coast of Victoria), but does not include a safety zone or the coastal waters of Victoria.
• A vessel must not enter or be present in the area to be avoided unless authorised to do so under this Part.
• An authorised person may exercise powers for the purposes of the enforcement of this Part.
• There is to be a National Offshore Petroleum Safety and Environmental Management Authority ( NOPSEMA ).
• NOPSEMA has functions in relation to the occupational health and safety of persons engaged in:
(a) offshore petroleum operations; or
(b) offshore greenhouse gas storage operations.
• NOPSEMA also has functions in relation to:
(a) the structural integrity of facilities, wells and well - related equipment; and
(b) environmental management.
• There is to be a Chief Executive Officer ( CEO ) of NOPSEMA.
• There is to be a National Offshore Petroleum Safety and Environmental Management Authority Board.
• The main function of the Board is to give advice, and make recommendations, to the CEO about the operational policies and strategies to be followed by NOPSEMA in the performance of its functions.
• There is to be a National Offshore Petroleum Titles Administrator (the Titles Administrator ).
• The main functions of the Titles Administrator are:
(a) assisting and advising the Joint Authority and the responsible Commonwealth Minister; and
(b) keeping registers of titles; and
(c) data and information management.
• This Part deals with using and making available certain information, documents and things obtained for the purposes of this Act.
• The information, documents and things may be:
(a) used within NOPSEMA for the purpose of exercising any of its powers or performing any of its functions; and
(b) shared between the responsible Commonwealth Minister, the Secretary, NOPSEMA, the Titles Administrator, each member of a Joint Authority and each member of a Cross - boundary Authority; and
(c) shared between the Chief Executive Officer of NOPSEMA and certain other agencies, including law enforcement agencies and State and Territory Government agencies.
For the purposes of making certain decisions under this Act, the person making the decision must have regard to the matters set out in Division 2.
Registered holders of titles and others are required to notify the Titles Administrator and NOPSEMA if certain events occur. This includes if they are found guilty of certain offences such as those involving fraud or dishonesty, are ordered to pay a pecuniary penalty for a contravention of such laws or become insolvent under administration.
• The Titles Administrator may direct a petroleum titleholder to keep records.
• The regulations may make provision for data management.
• The Titles Administrator or a NOPSEMA inspector may obtain information or documents.
• This Part deals with the confidentiality and release of:
(a) information ( documentary information ) contained in certain documents given to the Titles Administrator or the Designated Authority; and
(b) petroleum mining samples given to the Titles Administrator or the Designated Authority.
• The Titles Administrator may direct a greenhouse gas titleholder to keep records.
• The regulations may make provision for data management.
• The Titles Administrator or a NOPSEMA inspector may obtain information or documents.
• This Part deals with the confidentiality and release of:
(a) information ( documentary information ) contained in certain documents given to the responsible Commonwealth Minister or the Titles Administrator; and
(b) eligible samples given to the responsible Commonwealth Minister or the Titles Administrator.
• Certain decisions of the Titles Administrator and the responsible Commonwealth Minister relating to the release of technical information may be reviewed by the Administrative Appeals Tribunal.
• This Part is about the renewal, or the extension of the term, of a petroleum title, where:
(a) the relevant title area is wholly or partly located in a Commonwealth reserve (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 ); and
(b) the title was in force immediately before the declaration of the Commonwealth reserve.
• This Part validates a renewal, or an extension of the term, of a petroleum title that:
(a) occurred before 1 January 2016; and
(b) was invalid because consent was not given by the Environment Minister under subsection 359(3) of the Environment Protection and Biodiversity Conservation Act 1999 .
Offshore Petroleum and Greenhouse Gas Storage Act 2006
No. 14, 2006
Compilation No. 54
Compilation date: 18 October 2023
Includes amendments up to: Act No. 74, 2023
Registered: 21 October 2023
This compilation is in 3 volumes
Volume 3: Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 that shows the text of the law as amended and in force on 18 October 2023 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Schedule 1--Scheduled areas for the States and Territories
1 Scheduled area for New South Wales
2 Scheduled area for Victoria
3 Scheduled area for Queensland
4 Scheduled area for South Australia
5 Scheduled area for Western Australia
6 Scheduled area for Tasmania
7 Scheduled area for the Northern Territory
8 Scheduled area for the Territory of Ashmore and Cartier Islands
9 References to this Schedule in other laws
Schedule 2--Area that includes the area to be avoided
1 Area that includes the area to be avoided
Schedule 2A--Environmental management laws: additional NOPSEMA inspection powers
1 Simplified outline of this Schedule
2A Declared oil pollution emergency
2B Emergency response premises
Part 2--Environmental inspections
Division 1--Environmental inspections: general provisions
3 Environmental inspections--nature of inspections
4 Environmental inspections--offshore premises
5 Environmental inspections--regulated business premises
6 Environmental inspections--obstructing or hindering NOPSEMA inspector
Division 2--Environmental inspections: compliance powers
7 Environmental inspections--power to require assistance
8 Environmental inspections--powers to require information, and the production of documents and things
9 Environmental inspections--power to take possession of plant and samples etc.
10 Environmental do not disturb notices (general)
11 Environmental inspections--environmental do not disturb notices (notification and display)
11A Environmental inspections--environmental prohibition notices (issue)
11B Environmental inspections--environmental prohibition notices (notification)
11C Environmental inspections--environmental improvement notices (issue)
11D Environmental inspections--environmental improvement notices (compliance and notification)
12 Environmental inspections--tampering with and removing notices
12A Environmental inspections--publishing environmental prohibition notices and environmental improvement notices
Division 3--Reports: inspections concerning environmental management laws
13 Reports on inspections concerning environmental management laws
14 Meaning of offence against an environmental management law
15 Offences against environmental management laws--prosecutions
16 Offences against environmental management laws--conduct of directors, employees and agents
17 Environmental inspections--civil proceedings
18 Offences against environmental management laws--defence of circumstances preventing compliance
19 Constitutional basis of this Schedule
20 Additional operation of this Schedule
Schedule 2B--Well integrity laws: additional NOPSEMA inspection powers
1 Simplified outline of this Schedule
Part 2--Well integrity inspections
Division 1--Well integrity inspections: general provisions
3 Well integrity inspections--nature of inspections
4 Well integrity inspections--facility
5 Well integrity inspections--regulated business premises
6 Well integrity inspections--obstructing or hindering NOPSEMA inspector
Division 2--Well integrity inspections: compliance powers
7 Well integrity inspections--power to require assistance
8 Well integrity inspections--powers to require information, and the production of documents and things
9 Well integrity inspections--power to take possession of plant and samples etc.
10 Well integrity inspections--well integrity do not disturb notices (general)
11 Well integrity inspections--well integrity do not disturb notices (notification and display)
12 Well integrity inspections--well integrity prohibition notices (issue)
13 Well integrity inspections--well integrity prohibition notices (notification)
14 Well integrity inspections--well integrity improvement notices (issue)
15 Well integrity inspections--well integrity improvement notices (compliance and notification)
16 Well integrity inspections--tampering with and removing notices
17 Well integrity inspections--publishing well integrity prohibition notices and well integrity improvement notices
Division 3--Reports: inspections concerning well integrity laws
18 Reports on inspections concerning well integrity laws
19 Meaning of offence against a well integrity law
20 Offences against well integrity laws--prosecutions
21 Offences against well integrity laws--conduct of directors, employees and agents
22 Well integrity inspections--civil proceedings
23 Offences against well integrity laws--defence of circumstances preventing compliance
Schedule 3--Occupational health and safety
5 Operator of a facility or proposed facility
6 Operator must ensure presence of operator's representative
7 Health and safety of persons using an accommodation facility
8A When a petroleum title is derived from another petroleum title
8B When a greenhouse gas title is derived from another greenhouse gas title
Part 2--Occupational health and safety
Division 1--Duties relating to occupational health and safety
10 Duties of persons in control of parts of facility or particular work
12 Duties of manufacturers in relation to plant and substances
13 Duties of suppliers of facilities, plant and substances
13A Duties of petroleum titleholders in relation to wells
13B Duties of greenhouse gas titleholders in relation to wells
14 Duties of persons erecting facilities or installing plant
15 Duties of persons in relation to occupational health and safety
16 Reliance on information supplied or results of research
Division 1A--Occupational health and safety duties: enforcement
16A Meaning of health and safety requirement
16B Occupational health and safety duties offence--recklessness
16C Occupational health and safety duties offence--negligence
Division 2--Regulations relating to occupational health and safety
17 Regulations relating to occupational health and safety
Part 3--Workplace arrangements
Division 2--Designated work groups
Subdivision A--Establishment of designated work groups
19 Establishment of designated work groups by request
20 Establishment of designated work groups at initiative of operator
Subdivision B--Variation of designated work groups
21 Variation of designated work groups by request
22 Variation of designated work groups at initiative of operator
23 Referral of disagreement to reviewing authority
24 Manner of grouping members of the workforce
Division 3--Health and safety representatives
Subdivision A--Selection of health and safety representatives
25 Selection of health and safety representatives
26 Election of health and safety representatives
27 List of health and safety representatives
28 Members of designated work group must be notified of selection etc. of health and safety representative
29 Term of office
30 Training of health and safety representatives
31 Resignation etc. of health and safety representatives
32 Disqualification of health and safety representatives
33 Deputy health and safety representatives
Subdivision B--Powers of health and safety representatives
34 Powers of health and safety representatives
37 Obligations and liabilities of health and safety representatives
38 Provisional OHS improvement notices--issue and notification
39 Provisional OHS improvement notices--effect
Subdivision C--Duties of the operator and other employers in relation to health and safety representatives
40 Duties of the operator and other employers in relation to health and safety representatives
Division 4--Health and safety committees
41 Health and safety committees
42 Functions of health and safety committees
43 Duties of the operator and other employers in relation to health and safety committees
Division 5--Emergency procedures
44 Action by health and safety representatives
45 Direction to perform other work
Division 2--OHS inspections: general provisions
49 OHS inspections--nature of inspections
50 OHS inspections--facilities
51 OHS inspections--regulated business premises (non - facilities)
54 OHS inspections--obstructing or hindering NOPSEMA inspector
Division 3--OHS inspections: compliance powers
73 OHS inspections--power to require assistance
74 OHS inspections--powers to require information, and the production of documents and things
75 OHS inspections--power to take possession of plant and samples etc.
76 OHS inspections--OHS do not disturb notices (general)
76A OHS inspections--OHS do not disturb notices (notification and display)
77 OHS inspections--OHS prohibition notices (issue)
77A OHS inspections--OHS prohibition notices (notification, display and compliance)
78 OHS inspections--OHS improvement notices (issue)
78A OHS inspections--OHS improvement notices (compliance)
78B OHS inspections--OHS improvement notices (notification and display)
79 OHS inspections--tampering with and removal of notices
80AA OHS inspections--publishing OHS prohibition notices and OHS improvement notices
Division 4--Reports: OHS inspections etc.
80 Reports on listed OHS law inspections
Division 5--Appeals: OHS inspections etc.
80A Appeals concerning OHS inspections etc.--decisions subject to appeal
81 Appeals concerning OHS inspections etc.--associated rules and procedure
82 Notifying and reporting accidents and dangerous occurrences
83 Records of accidents and dangerous occurrences to be kept
85 Use of codes of practice in criminal proceedings
86 Interference etc. with equipment etc.
87 Members of workforce not to be levied
88 Employer not to dismiss etc. employees on certain grounds
89 Institution of prosecutions
90 Conduct of directors, employees and agents
91 Schedule not to give rise to other liabilities etc.
92 Circumstances preventing compliance may be defence to prosecution
Schedule 4--Petroleum production licences to which the Royalty Act applies
Part 2--Applying for a petroleum production licence
2 Application for petroleum production licence by holder of petroleum exploration permit to which the Royalty Act applies
4 Application for petroleum production licence by holder of petroleum retention lease to which the Royalty Act applies
Part 3--Obtaining a petroleum production licence
5 Secondary petroleum production licence--offer document must specify rate of royalty
6 Limit on grant of secondary petroleum production licence
Part 4--Variation of licence area
7 Variation of licence area of petroleum production licence
Part 5--What happens if a block is not taken up
8 Revocation of petroleum exploration permit or petroleum retention lease to the extent to which it relates to a block not taken up
Schedule 5--Release of technical information given to the Designated Authority before 7 March 2000
3 Time of receipt of certain information
4 Protection of the confidentiality of information
5 Titles Administrator may make information available to a Minister, a State Minister or a Northern Territory Minister
6 Disclosure of basic information given in connection with an application
7 Disclosure of basic information after authorised release day
8 Disclosure of information that is in the public domain
9 Disclosure of derivative information after 5 years
10 Transitional--section 118 of the repealed Petroleum (Submerged Lands) Act 1967
Schedule 6--Transitional provisions
2 Re - enactment of the Petroleum (Submerged Lands) Act 1967
3 Old titles continue in force
4 Transitional--eligible instruments
5 Transitional--acts or things done before commencement
6 Transitional--conditions of old titles
7 Translation of references in documents
8 Transitional regulations
10 Joint Authority for an external Territory
12 Chief Executive Officer of the National Offshore Petroleum Safety Authority
13 Project inspectors--late commencement of greenhouse gas provisions
13A Petroleum project inspectors--early commencement of greenhouse gas provisions
13B Petroleum project inspectors--late commencement of greenhouse gas provisions
15 Registers
16 Registration fees--transfer
17 Registration fees--dealings
18 Retention and inspection of documents
19 Assessment of registration fee
20 Payments by the Commonwealth to the States and the Northern Territory
21 Adjustment to period required or allowed for doing an act or thing etc.
22 Old titles--continuation in force beyond date of expiry
23 Renewal of petroleum exploration permits
24 Renewal of petroleum retention leases
25 Grant of petroleum production licences over individual blocks
26 Renewal of fixed - term petroleum production licences
27 Grant of pipeline licences
28 Requirement to provide further information in connection with application for title
29 Revocation of petroleum exploration permits, petroleum retention leases, petroleum production licences and petroleum access authorities
30 Surrender of title
31 Cancellation of old titles
32 Commencement of works or operations
33 Deduction of debts from proceeds of sale of property
35 Release of regulatory information
36 Release of technical information--deemed time of receipt of certain information and samples
37 Liability for acts and omissions
38 Reconsideration and review of decisions
39 Meaning of petroleum in the Petroleum (Submerged Lands) Act 1967
42 Disqualification of health and safety representatives
43 Designated frontier areas for 2005
Schedule 7--Greater Sunrise areas
2 Eastern Greater Sunrise offshore area
3 Western Greater Sunrise area
Schedule 8--Bayu - Undan pipeline international offshore area
1 Bayu - Undan pipeline international offshore area
Endnote 3--Legislation history
Endnote 5--Miscellaneous
