Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsNote 1: A number of expressions used in this instrument are defined in section 3 of the Regulatory Levies Act, including the following:
(a) applicable State or Territory safety law;
(b) Commonwealth waters;
(c) compliance investigation;
(d) designated coastal waters;
(e) remedial direction;
(f) State PSLA;
(g) State/Territory remedial direction;
(h) Territory PSLA;
(i) year.
Note 2: A number of expressions used in this instrument are defined in section 7 of the OPGGS Act, including the following:
(a) pipeline;
(b) Titles Administrator.
In this instrument:
"acceptance event" : each of the following is an acceptance event in respect of a safety case in force in relation to a facility:
(a) NOPSEMA accepts the safety case in accordance with the Safety Regulations;
(b) NOPSEMA accepts a revision of the safety case in accordance with the Safety Regulations.
"activity rating" , for an activity to which an environment plan relates, means the number specified in column 2 of the item of the table in section 59B that describes the activity.
"CEO" means the Chief Executive Officer of NOPSEMA.
"compliance rating" , for an activity to which an environment plan relates, means the number specified in column 3 of the item of the table in section 59B that describes the activity.
"costs and expenses reasonably incurred by NOPSEMA" , in relation to the conduct of a compliance investigation or an inspection:
(a) include (but are not limited to):
(i) remuneration and other costs in relation to NOPSEMA inspectors and other staff of NOPSEMA who are involved in the investigation or inspection; and
(ii) the costs incurred for the services of independent experts in relation to the investigation or inspection; and
(b) do not include any share of fixed overheads.
"disregarded facility" : a facility is a disregarded facility for a year if it is a proposed facility of a kind mentioned in paragraph 60(1)(b) and does not enter NOPSEMA waters during the year.
"eligible title" , for Part 7: see section 59A.
"eligible well" has the meaning given by:
(a) for Division 1 of Part 5--subsection 10A(5) or (6) (as applicable) of the Regulatory Levies Act; and
(b) for Division 2 of Part 5--subsection 10B(5) or (6) (as applicable) of the Regulatory Levies Act.
"Environment Regulations" means the Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2023 .
"facility" :
(a) for a provision that applies in relation to Commonwealth waters--has the same meaning as in Schedule 3 to the OPGGS Act; and
(b) for a provision that applies in relation to the designated coastal waters of a State or the Northern Territory--has the same meaning as in the applicable State or Territory safety law; and
(c) for Parts 3 and 9--includes a proposed facility.
"facility amount" :
(a) for a facility (other than a pipeline subject to a pipeline licence) located, or proposed to be located, in Commonwealth waters--see subsection 21(5); and
(b) for a pipeline subject to a pipeline licence located, or proposed to be located, in Commonwealth waters--see subsection 21A(4); and
(c) for a facility (other than a pipeline subject to a pipeline licence) located, or proposed to be located, in the designated coastal waters of a State or the Northern Territory--see subsection 29(5); and
(d) for a pipeline subject to a pipeline licence located, or proposed to be located, in the designated coastal waters of a State or the Northern Territory--see subsection 29A(4).
"facility rating" :
(a) for a facility other than a pipeline subject to a pipeline licence--see section 19; and
(b) for a pipeline subject to a pipeline licence--see section 19A.
"inspection" has the same meaning as in:
(a) for Division 2 of Part 2--the applicable State or Territory safety law; and
(b) for Division 2 of Part 4--the provisions of the relevant State PSLA or Territory PSLA that substantially corresponds to Schedule 3 of the OPGGS Act.
"levy period" for a compliance investigation or inspection means:
(a) for an investigation mentioned in paragraph 9(1)(b) of the Regulatory Levies Act--a period of 3 months mentioned in paragraph 9(1)(f) or (g) of that Act; or
(b) for an inspection mentioned in paragraph 10(1)(b) of the Regulatory Levies Act--a period of 3 months mentioned in paragraph 10(1)(f) or (g) of that Act.
"liable holder" for well investigation levy means:
(a) for levy imposed by section 9 of the Regulatory Levies Act--the registered holder by whom the levy is payable; or
(b) for levy imposed by section 10 of the Regulatory Levies Act--the registered holder by whom the levy is payable.
"mobile facility" : see section 20A.
"NOPSEMA waters" has the same meaning as in Part 6.9 of the OPGGS Act.
"notifiable accident or occurrence" has the same meaning as in:
(a) for Division 1 of Part 2--subsection 5(8) of the Regulatory Levies Act; and
(b) for Division 2 of Part 2--subsection 6(8) of the Regulatory Levies Act.
"offshore greenhouse gas storage operations" has the same meaning as in section 643 of the OPGGS Act.
"offshore petroleum operations" has the same meaning as in Part 6.9 of the OPGGS Act.
"operator" , in relation to a facility, has the same meaning as in:
(a) if the facility is located, or proposed to be located, in Commonwealth waters--Schedule 3 to the OPGGS Act; and
(b) if the facility is located, or proposed to be located, in the designated coastal waters of a State or the Northern Territory--the applicable State or Territory safety law.
"OPGGS Act" means the Offshore Petroleum and Greenhouse Gas Storage Act 2006 .
"pipeline" :
(a) for a provision that applies in relation to Commonwealth waters--has the same meaning as in the OPGGS Act; and
(b) for a provision that applies in relation to the designated coastal waters of a State or the Northern Territory--has the same meaning as in the applicable State or Territory safety law; and
(c) for Part 3--includes a pipeline that is:
(i) proposed to be constructed or operated; or
(ii) being constructed.
"pipeline licence" :
(a) for a provision in Part 3 that applies in relation to the designated coastal waters of a State or the Northern Territory--has the same meaning as in the applicable State or Territory safety law; and
(b) for a provision in Part 8 that applies in relation to activities authorised by State/Territory titles--means a pipeline licence granted under a State PSLA or a Territory PSLA; and
(c) otherwise--has the same meaning as in the OPGGS Act.
"proposed facility" has the same meaning as in:
(a) for a provision that applies in relation to Commonwealth waters--Schedule 3 to the OPGGS Act; and
(b) for a provision that applies in relation to the designated coastal waters of a State or the Northern Territory--the applicable State or Territory safety law.
"quarter" means a period of 3 months starting on 1 January, 1 April, 1 July or 1 October.
"quarterly facility amount" for a facility (other than a pipeline subject to a pipeline licence) and a quarter in a year means the facility rating for the facility multiplied by $11,650.
"quarterly SMS amount" , for a safety case in force in relation to one or more facilities (other than facilities that are pipelines subject to pipeline licences) and a quarter in a year, means:
(a) if the SMS amount for the safety case and the year is zero--zero; or
(b) if paragraph (a) does not apply, and each facility (other than a facility that is a disregarded facility for the year) in relation to which the safety case is in force during the year is a mobile facility--$37,600; or
(c) if neither paragraph (a) nor (b) applies--$56,575.
"registered holder" :
(a) for the reference to a registered holder in paragraph (b) of the definition of liable holder --has the same meaning as in subsection 10(5) of the Regulatory Levies Act; and
(b) otherwise--has the same meaning as in the OPGGS Act.
"Regulatory Levies Act" means the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 .
"Resource Management and Administration Regulations" means the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 .
"safety case in force in relation to a facility" has the same meaning as in:
(a) for a provision that applies in relation to Commonwealth waters--subsection 7(8) of the Regulatory Levies Act; and
(b) for a provision that applies in relation to the designated coastal waters of a State or the Northern Territory--subsection 8(8) of the Regulatory Levies Act.
"Safety Regulations" means the Offshore Petroleum and Greenhouse Gas Storage (Safety) Regulations 2009 .
"SMS amount" , for a safety case in force in relation to a facility and a year:
(a) for a facility (other than a pipeline subject to a pipeline licence) located, or proposed to be located, in Commonwealth waters--see subsection 21(4); and
(b) for a pipeline subject to a pipeline licence located, or proposed to be located, in Commonwealth waters--see subsection 21A(3); and
(c) for a facility (other than a pipeline subject to a pipeline licence) located, or proposed to be located, in the designated coastal waters of a State or the Northern Territory--see subsection 29(4); and
(d) for a pipeline subject to a pipeline licence located, or proposed to be located, in the designated coastal waters of a State or the Northern Territory--see subsection 29A(3).
"survey activity" means a seismic survey or other survey.
"threshold time" :
(a) for Division 1 of Part 2--see paragraph 7(2)(a); and
(b) for Division 2 of Part 2--see paragraph 14(2)(a); and
(c) for Division 1 of Part 4--has the same meaning as in paragraph 9(1)(d) of the Regulatory Levies Act; and
(d) for Division 2 of Part 4--has the same meaning as in paragraph 10(1)(d) of the Regulatory Levies Act.
"title" , for Part 7: see section 59A.
"total activity amount" :
(a) for Division 2 of Part 8--see subsection 59C(2); and
(b) for Division 3 of Part 8--see subsection 59G(2).
"total compliance amount" :
(a) for Division 2 of Part 8--see subsection 59C(3); and
(b) for Division 3 of Part 8--see subsection 59G(3).