Commonwealth Consolidated Regulations

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE (REGULATORY LEVIES) REGULATIONS 2022

- made under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name  
   3.      Authority  
   4.      Definitions  

   PART 2--SAFETY--INVESTIGATION LEVY

           Division 1--Safety investigation levy--Commonwealth waters

   7.      Conditions for imposition of levy  
   9.      Amount of levy  
   10.     Amount of costs and expenses--advice of independent expert  
   11.     When levy becomes due and payable  

           Division 2--Safety investigation levy--designated coastal waters

   14.     Conditions for imposition of levy  
   16.     Amount of levy  
   17.     Amount of costs and expenses--advice of independent expert  
   18.     When levy becomes due and payable  

   PART 3--SAFETY--CASE LEVY

           Division 1--Preliminary

   19.     Facility ratings--facilities other than pipelines subject to pipeline licences  
   19A.    Facility ratings--pipelines subject to pipeline licences  
   20.     Safety case in force in relation to a facility--prescribed regulations  
   20A.     Facilities that operate on intermittent basis--mobile facilities  
   20B.    Operator to inform NOPSEMA about change in description of certain facilities  
   20C.    When person is already liable to pay SMS amount  
   20D.    Application of this Part if remedial directions are in force in relation to pipelines  

           Division 2--Safety case levy--Commonwealth waters

   21.     Amount of levy--facilities other than pipelines subject to pipeline licences  
   21A.    Amount of levy--pipelines subject to pipeline licences  
   23.     When levy becomes due and payable  

           Division 3--Safety case levy--designated coastal waters

   29.     Amount of levy--facilities other than pipelines subject to pipeline licences  
   29A.    Amount of levy--pipelines subject to pipeline licences  
   31.     When levy becomes due and payable  

           Division 4--Safety case levy--reconciliation, remittal, refund and adjustment

   32.     Reconciliation of levy recovered by instalments with levy payable  
   33.     Remittal or refund of levy--safety case in force in relation to mobile facilities that operate on an intermittent basis  
   34.     Adjustment of amount of instalments of levy  

   PART 4--WELL--INVESTIGATION LEVY

           Division 1--Well investigation levy--Commonwealth waters

   38.     Amount of levy  
   39.     Amount of costs and expenses--advice of independent expert  
   40.     When levy becomes due and payable  

           Division 2--Well investigation levy--designated coastal waters

   44.     Amount of levy  
   45.     Amount of costs and expenses--advice of independent expert  
   46.     When levy becomes due and payable  

   PART 5--ANNUAL--WELL LEVY

           Division 1--Annual well levy--Commonwealth titles

   49.     Amount of levy  
   50.     When levy becomes due and payable  
   51.     Abandoned wells--prescribed regulations  

           Division 2--Annual well levy--State/Territory titles

   52.     Amount of levy  
   53.     When levy becomes due and payable  
   53A.    Functions and powers of NOPSEMA under State and Territory laws--prescribed regulations  

   PART 6--WELL--ACTIVITY LEVY

           Division 1--Preliminary

   54.     Applications and submissions--prescribed regulations  

           Division 2--Well activity levy--Commonwealth titles

   55.     Amount of levy  
   56.     When levy becomes due and payable  

           Division 3--Well activity levy--State/Territory titles

   58.     Amount of levy  
   59.     When levy becomes due and payable  

   PART 7--ANNUAL--TITLES ADMINISTRATION LEVY

   59A.    Definitions  
   59AA.   Amount of levy  
   59AB.   Remittal or refund of levy--title wholly ceases to be in force during year  
   59AC.   Remittal or refund of levy--title partly ceases to be in force during year  
   59AD.   Remittal or refund of levy--title wholly surrendered during year and application for consent to surrender made before that year  
   59AE.   Remittal or refund of levy--title partly surrendered during year and application for consent to surrender made before that year  

   PART 8--ENVIRONMENT--PLAN LEVY

           Division 1--Preliminary

   59B.    Ratings for activities to which environment plans relate  
   59BA.   Submissions to NOPSEMA--prescribed regulations  

           Division 2--Environment plan levy--Commonwealth titles

   59C.    Amount of levy  
   59D.    When levy becomes due and payable  
   59E.    Remittal or refund of levy  

           Division 3--Environment plan levy--State/Territory titles

   59G.    Amount of levy  
   59H.    When levy becomes due and payable  
   59I.    Remittal or refund of levy  

   PART 9--NOPSEMA

   60.     Fee for assessing safety case  
   61.     Review of cost - recovery arrangements--periodic reviews  
   62.     Review of cost - recovery arrangements--financial report  
   63.     Meetings about operations of NOPSEMA  
   64.     NOPSEMA to make and keep records of costs and expenses incurred in conducting compliance investigations and inspections  

   PART 10--APPLICATION--, SAVING AND TRANSITIONAL PROVISIONS

           Division 1--Provisions relating to the commencement of this instrument

   65.     Definitions for Division  
   66.     Levies and fees payable under the old instrument  
   67.     Amounts under the old instrument for remitting or refunding safety case levy  
   68.     Keeping old records of costs and expenses incurred in conducting compliance investigations and inspections  

           Division 2--Provisions relating to the commencement of the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Regulations 2024

   69.     Definitions for Division  
   70.     Levies imposed before amending instrument commences