Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SCHEDULE 5

Note:   See section   721.

1   Simplified outline

    The following is a simplified outline of this Schedule:

2   Definitions

    In this Schedule:

"applicable document" means:

  (a)   an application made before 7   March 2000 to the Designated Authority under the repealed Petroleum (Submerged Lands) Act 1967 ; and

  (b)   a document accompanying such an application; and

  (c)   a report, return or other document that:

  (i)   relates to a block; and

  (ii)   was given before 7   March 2000 to the Designated Authority under the repealed Petroleum (Submerged Lands) Act 1967 .

"authorised release day" has the meaning given by subclause   7(2).

3   Time of receipt of certain information

Drilling of a well

  (1)   For the purposes of this Schedule:

  (a)   well data relating to the drilling of a well; and

  (b)   logs relating to the drilling of a well; and

  (c)   sample descriptions and other documents relating to the drilling of a well;

are taken to have been given to the Designated Authority not later than one month after the drilling of the well was, in the Designated Authority's opinion, substantially completed.

Geophysical or geochemical surveys

  (2)   For the purposes of this Schedule, geophysical or geochemical data relating to geophysical or geochemical surveys are taken to have been given to the Designated Authority not later than one year after the geophysical or geochemical field work was, in the Designated Authority's opinion, substantially completed.

4   Protection of the confidentiality of information

    Except as provided by this Schedule or for the purposes of the administration of this Act and the regulations:

  (a)   the Titles Administrator; or

  (b)   a Minister to whom any information has been made available under subclause   5(1) or (2);

must not make publicly known, or make available to any person (other than a Minister, a Minister of a State or a Minister of the Northern Territory), any information contained in an applicable document.

5   Titles Administrator may make information available to a Minister, a State Minister or a Northern Territory Minister

  (1)   The Titles Administrator may, at any time, make available to a Minister, a Minister of a State or a Minister of the Northern Territory any information contained in an applicable document that has been given to the Designated Authority.

  (2)   The Titles Administrator must, as and when required by the responsible Commonwealth Minister, make available to the responsible Commonwealth Minister any information referred to in subclause   (1).

6   Disclosure of basic information given in connection with an application

    The Titles Administrator or the responsible Commonwealth Minister may, at any time after the grant or renewal, or refusal to grant or renew, a petroleum exploration permit, petroleum retention lease, petroleum production licence, pipeline licence, petroleum access authority or petroleum special prospecting authority:

  (a)   make publicly known; or

  (b)   on request by a person and, if the Titles Administrator or the responsible Commonwealth Minister so requires, on payment of a fee calculated in accordance with the regulations, make available to that person;

any information contained in, or accompanying, the application for the grant or renewal, as the case may be, but not including:

  (c)   information of a kind referred to in subclause   7(1) or 9(1); or

  (d)   details of:

  (i)   the technical qualifications of the applicant and of the applicant's employees; or

  (ii)   the technical advice available to the applicant; or

  (iii)   the financial resources available to the applicant.

7   Disclosure of basic information after authorised release day

  (1)   The Titles Administrator or the responsible Commonwealth Minister may, at any time after the authorised release day:

  (a)   make publicly known; or

  (b)   on request by a person and, if the Titles Administrator or the responsible Commonwealth Minister so requires, on payment of a fee calculated in accordance with the regulations, make available to that person;

any information that:

  (c)   is contained in an applicable document that has been given to the Designated Authority or has been made available to the responsible Commonwealth Minister under subclause   5(1) or (2); and

  (d)   relates to the seabed or subsoil, or to petroleum, in a block; and

  (e)   in the opinion of the Titles Administrator or the responsible Commonwealth Minister, is not a conclusion drawn, in whole or in part, from, or an opinion based, in whole or in part, on, information contained in an applicable document that has been given to the Designated Authority or has been made available to the responsible Commonwealth Minister under subclause   5(1) or (2).

Authorised release day

  (2)   The table has effect:

8   Disclosure of information that is in the public domain

    If:

  (a)   an applicable document was given to the Designated Authority:

  (i)   during or in relation to a period during which a petroleum exploration permit, petroleum retention lease or petroleum production licence was in force in relation to the block; or

  (ii)   during or in relation to a period during which a petroleum special prospecting authority or petroleum access authority was in force in relation to the block but during which a petroleum exploration permit, petroleum retention lease or petroleum production licence was not in force in relation to the block; and

  (b)   whichever of the following is applicable:

  (i)   if the petroleum exploration permit, petroleum retention lease, petroleum production licence, petroleum special prospecting authority or petroleum access authority is in force--the permittee, lessee, licensee or holder of the petroleum special prospecting authority or petroleum access authority;

  (ii)   if the petroleum exploration permit, petroleum retention lease, petroleum production licence, petroleum special prospecting authority or petroleum access authority has ceased to be in force--the person who was the holder of the petroleum exploration permit, petroleum retention lease, petroleum production licence, petroleum special prospecting authority or petroleum access authority;

    has made publicly known any information contained in the document or has consented in writing to any of that information being made publicly known;

the Titles Administrator or the responsible Commonwealth Minister to whom that information has been made available under subclause   5(1) or (2) may, at any time after that information has been made publicly known or after that consent has been given:

  (c)   make that information publicly known; or

  (d)   on request by any other person and, if the Titles Administrator or the responsible Commonwealth Minister so requires, on payment of a fee calculated in accordance with the regulations, make that information available to that other person.

9   Disclosure of derivative information after 5 years

  (1)   The Titles Administrator or the responsible Commonwealth Minister may, at any time after the end of the period of 5 years after an applicable document was given to the Designated Authority:

  (a)   make publicly known; or

  (b)   on request by a person and, if the Titles Administrator or the responsible Commonwealth Minister so requires, on payment of a fee calculated in accordance with the regulations, make available to that person;

any information that:

  (c)   is contained in the document; and

  (d)   relates to the seabed or subsoil, or to petroleum, in a block; and

  (e)   in the opinion of the Titles Administrator or the responsible Commonwealth Minister, is a conclusion drawn, in whole or in part, from, or an opinion based, in whole or in part, on, any information contained in an applicable document that has been given to the Designated Authority or has been made available to the responsible Commonwealth Minister under subclause   5(1) or (2).

This subclause has effect subject to subclause   (12).

  (2)   This clause applies to information contained in an applicable document that was given to the Designated Authority before or after the commencement of section   31 of the Petroleum (Submerged Lands) Amendment Act 1985 .

Objection to the disclosure of information

  (3)   Before the Titles Administrator or the responsible Commonwealth Minister makes available or publicly known any information under subclause   (1), the Titles Administrator or the responsible Commonwealth Minister, as the case may be, must:

  (a)   cause to be published in the Gazette a notice:

  (i)   stating that the Titles Administrator or the responsible Commonwealth Minister, as the case may be, proposes to make the information available or publicly known; and

  (ii)   inviting interested persons to give to the Titles Administrator or the responsible Commonwealth Minister, as the case may be, by such day as is specified in the notice (being a day not earlier than 45 days after the publication of the notice), a notice objecting to the whole or any part of the information being made available or publicly known; and

  (iii)   stating that, if a person does not make an objection in accordance with the invitation, the person will be taken to have consented to the information being made available or publicly known; and

  (b)   if it is practicable to do so--cause a copy of the notice so published in the Gazette to be given to the person who provided the document containing the information.

  (4)   The notice of objection must set out the reasons for making the objection.

  (5)   A person is not entitled to make an objection to information being made available or publicly known except on the grounds that to do so would disclose:

  (a)   a trade secret; or

  (b)   any other information the disclosure of which would, or could reasonably be expected to, adversely affect the person in relation to the lawful business, commercial or financial affairs of the person.

Decision on objection

  (6)   If a person makes an objection to the Titles Administrator or the responsible Commonwealth Minister in accordance with such an invitation, the Titles Administrator or the responsible Commonwealth Minister must, within 45 days after the receipt of the notice of objection, consider the objection, and may:

  (a)   allow it wholly; or

  (b)   allow it partly and disallow the remainder of it; or

  (c)   disallow it wholly;

and must cause to be given to the person written notice of the decision on the objection.

Review of decision on objection

  (7)   A notice of a decision of the Titles Administrator on an objection must include a statement to the effect that, if the relevant person is dissatisfied with the decision of the Titles Administrator on the objection, the person may, in accordance with subclause   (8), request the responsible Commonwealth Minister to review the decision.

  (8)   A person who:

  (a)   has made an objection to the Titles Administrator; and

  (b)   is dissatisfied with the decision on the objection;

may, by written notice given to the responsible Commonwealth Minister not later than 30 days after the day on which the notice of the decision referred to in subclause   (6) was given to the person, request the responsible Commonwealth Minister to review the decision.

  (9)   The notice of request must set out the reasons for making the request.

  (10)   The responsible Commonwealth Minister must, within 45 days after the receipt of the request, review the decision, and may make a decision:

  (a)   in substitution for the first - mentioned decision, whether in the same terms as the first - mentioned decision or not; or

  (b)   revoking the first - mentioned decision.

  (11)   If, as a result of a review under subclause   (10), the responsible Commonwealth Minister makes a decision under subclause   (10) in substitution for, or revoking, a decision, the responsible Commonwealth Minister must, by written notice given to the person who made the request under subclause   (8) for the review:

  (a)   inform the person of the result of the review; and

  (b)   give reasons for the subclause   (10) decision.

Information not to be disclosed if objection is in force

  (12)   The Titles Administrator or the responsible Commonwealth Minister must not make available or publicly known any information under subclause   (1) if there is in force an objection made in relation to the information being made available or publicly known. However, if such an objection is in force, this Schedule does not prevent a further invitation under subclause   (3) being made in relation to the information.

10   Transitional--section   118 of the repealed Petroleum (Submerged Lands) Act 1967

  (1)   After the commencement of this clause, section   118 of the repealed Petroleum (Submerged Lands) Act 1967 ceases to apply in relation to information contained in an applicable document.

  (2)   Subclause   (1) has effect despite item   142 of Schedule   1 to the Petroleum (Submerged Lands) Legislation Amendment Act (No.   1) 2000 .

  (3)   A reference in Schedule   6 to a provision of the Petroleum (Submerged Lands) Act 1967 includes a reference to section   118 of the repealed Petroleum (Submerged Lands) Act 1967 as that section continued to apply, before the commencement of this clause, because of item   142 of Schedule   1 to the Petroleum (Submerged Lands) Legislation Amendment Act (No.   1) 2000 .