OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE (REGULATORY LEVIES) AMENDMENT REGULATIONS 2011 (NO. 2) (SLI NO 252 OF 2011) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE (REGULATORY LEVIES) AMENDMENT REGULATIONS 2011 (NO. 2) (SLI NO 252 OF 2011)

EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 252

Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Regulations 2011 (No. 2)

(Circulated by authority of the Minister for Resources and Energy,

the Honourable Martin Ferguson AM MP)

The Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011 (the National Regulator Amendment Act) amends the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act) to give effect to the Government's upstream petroleum regulatory reform policy. The National Regulator Amendment Act amends the OPGGS Act to establish a new National Offshore Petroleum Titles Administrator (the Titles Administrator) and to expand the functions of the existing National Offshore Petroleum Safety Authority (the Safety Authority) to become the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA).

Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment (2011 Measures No.2) Act 2011 (the Regulatory Levies Amendment Act) amends the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 (the Regulatory Levies Act) to impose two new levies on holders of offshore petroleum and greenhouse gas titles to enable the Titles Administrator and NOPSEMA to recover the costs of undertaking their regulatory functions in relation to titles administration and environmental management respectively.

Following commencement of Schedule 1 to the Regulatory Levies Amendment Act, section 11 of the Regulatory Levies Act provides that the Governor-General may make regulations for the purposes of sections 7, 8, 9, 10, 10A, 10B, 10C, 10D, 10E, 10F and 10G of that Act. Section 11E of the Regulatory Levies Act imposes annual titles administration levies on holders of Commonwealth petroleum and greenhouse gas titles. Sections 10F and 10G impose environment plan levies in relation to Commonwealth and State/Territory titles.

In addition, section 781 of the OPGGS Act provides that the Governor-General may make regulations prescribing matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the OPGGS Act. Part 1 of Schedule 2 to the National Regulator Amendment Act, among other things, inserts a new section 688C into the OPGGS Act. On commencement, section 688C provides, amongst other things, that an environment plan levy imposed by the Regulatory Levies Act becomes due and payable at the time specified in, or worked out in accordance with, the regulations.

The Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Regulations 2011 (the Regulations) amend the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2004 (the Regulatory Levies Regulations) to set out the matters permitted or necessary to be prescribed to enable full and effective collection of annual titles administration levy and environment plan levy imposed by the Regulatory Levies Act.

The matters dealt with in the Regulations include the amounts of levy imposed and, in relation to environment plan levy, when levy becomes due and payable. Section 695M of the OPGGS Act, as amended by the National Regulator Amendment Act, sets out when annual titles administration levy

becomes due and payable. The Regulations also include machinery changes to replace references to the Safety Authority in the Regulatory Levies Regulations with references to NOPSEMA.

Details of the Regulations are set out in the Attachment.

The regulatory reforms relating to the upstream petroleum sector have been the subject of extensive consultations and numerous workshops with stakeholders, including other Australian Government agencies, State and Territory governments, the petroleum industry, environmental non-government organisations and interested individuals over an extended period of time from 2009 to 2011. The process commenced as a result of the Government's response to the 2009 Productivity Commission (PC) Review of Regulatory Burden on the Upstream Petroleum (Oil and Gas) Sector and the recommendations of the June 2010 Report of the Montara Commission of Inquiry. The regulations reflect the machinery changes that are required as part of the abovementioned reform process.

The Office of Best Practice Regulation was also consulted regarding the regulatory reforms to the upstream petroleum sector.

In relation to the annual titles administration levy and environment plan levy, the State and Northern Territory Governments and industry stakeholders, including the Australian Petroleum Production and Exploration Association, were consulted during the development of the Cost Recovery Impact Statement (CRIS) for each levy, through face-to-face meetings and written information. The CRIS for the annual titles administration levy was prepared by the Department of Resources, Energy and Tourism (RET), and the CRIS for the environment plan levy was prepared by the Safety Authority.

Each CRIS details the purpose and background to the imposition of the levies, levy design and implementation, on-going review of the levies, and the proposed amounts of the levies. Each CRIS was made available on the RET or Safety Authority website (as applicable) and written submissions sought from government and industry stakeholders regarding the proposal so that an evaluation could be made prior to finalising the CRIS.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulations commence on the commencement of Parts 1 and 2 of Schedule 2 to the National Regulator Amendment Act (on 1 January 2012).

ATTACHMENT

NOTES ON INDIVIDUAL CLAUSES

Regulation 1 - Name of Regulations

Regulation 1 provides for the title of the Regulations to be the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Regulations 2011 (No. 2).

Regulation 2 - Commencement

Regulation 2 provides for the Regulations to commence on the commencement of Part 1 of Schedule 2 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011 - which is on a day to be fixed by Proclamation. This ensures that the amendments commence at the same time as the Titles Administrator and NOPSEMA commence to exercise regulatory functions and powers under the OPGGS Act.

Regulation 3 - Amendment of Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2004

Regulation 3 provides that Schedule 1 to the Regulations amends the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Regulations 2004 (the Regulatory Levies Regulations).

SCHEDULE 1 Amendments

Item [1] Regulation 3, after definition of designated coastal waters

Item 1 inserts a definition for 'NOPSEMA waters' into regulation 3 which aligns with the definition of that term in section 643 of the OPGGS Act. As defined in that section, 'NOPSEMA waters' are Commonwealth waters and the designated coastal waters of each State and of the Northern Territory.

Item [2] Regulation 3, definitions of Safety Authority and Safety Authority waters

Item 2 omits the definitions of 'Safety Authority' and 'Safety Authority waters' from regulation 3 to reflect that those terms are no longer applicable.

Item [3] Regulation 3, after definition of Territory PSLA

Item 3 inserts a definition for 'Titles Administrator' into regulation 3 which is the 'National Offshore Petroleum Titles Administrator'.

Item [4] Regulation 3, note

Item 4 adds the terms 'annual titles administration levy', environment plan levy' and 'NOPSEMA' to the list of terms in the note to regulation 3 which are used in the Regulatory Levies Regulations that are defined in section 3 of the Regulatory Levies Act.

Items [5], [6], [7], [8], [9], [10], [12] and [14] - Headings to regulations 12, 19, 27, 35, 41, 47 and 63, and Part 12

These items alter the headings by substituting references to the Safety Authority with references to NOPSEMA.

Item [11] After Part 11

Item 11 inserts new Parts 11A, 11B and 11C into the Regulatory Levies Regulations.

Part 11A Annual titles administration levy

Part 11A (regulation 59A) establishes the amount of annual titles administration levy payable by a petroleum or greenhouse gas titleholder.

The amount of levy for a work-bid petroleum exploration permit or a special petroleum exploration permit is either $1,290 or the sum obtained by multiplying the number of blocks to which the permit relates by $65, whichever is greater.

The amount of levy for a petroleum retention lease is the sum obtained by multiplying the number of blocks to which the lease relates by $7,755.

The amount of levy for a petroleum production licence is the sum obtained by multiplying the number of blocks to which the licence relates by $23,265.

The amount of levy for an infrastructure licence is $15,510 for each licence.

The amount of levy for a pipeline licence is $105 for each kilometre, or part of a kilometre, of the length of the pipeline to which the licence relates. Therefore, if a pipeline is 8.6 kilometres long, the amount of levy is $945 ($105 multiplied by 9).

The amount of levy for a work-bid greenhouse gas assessment permit is zero.

The amount of levy for a greenhouse gas holding lease is the sum obtained by multiplying the number of blocks to which the lease relates by $6,820.

The amount of levy for a greenhouse gas injection licence is the sum obtained by multiplying the number of blocks to which the licence relates by $20,460.

The note to regulation 59A clarifies that section 695M of the OPGGS Act sets out when annual titles administration levy is due and payable.

Part 11B Environment plan levy - Commonwealth waters

Part 11B inserts new provisions relating to the environment plan levy imposed by section 10F of the Regulatory Levies Act in relation to environment plans for activities in Commonwealth waters. The new regulations provide for the working out of the amount of the environment plan levy, as authorised by subsection 10F(4) of the Regulatory Levies Act, and for when the environment plan levy becomes due and payable, as authorised by subsection 688C(1) of the OPGGS Act.

Regulation 59B - Definitions for Part 11B

Definition of 'facility'

Regulation 59B defines the term 'facility' as having the same meaning as in clause 4 of Schedule 3 to the OPGGS Act. That clause defines vessels or structures as 'facilities' according to the purpose for which the vessel or structure is being used. Whenever the term 'facility' is used in the tables in subregulations 59C(7) and 59G(7), it is used in accordance with the specific meanings given to the term in clause 4 of Schedule 3.

Definition of 'individual activity'

Regulation 59B also defines the term 'individual activity' as meaning a petroleum activity, or all of the petroleum activities, that are authorised by a particular title and are of the same kind as a petroleum activity in the table in subregulation 59C(7), other than a seismic survey or other survey.

The intention is that all activities falling within the one table item in subregulation 59C(7) and being carried out in a single title area will count as one 'individual activity', regardless of the number of occurrences within the title area. The note to this definition gives the following examples. If four wells are to be drilled in one title area, this is one individual activity (drilling). If four wells are to be drilled, with two in one title area and two in another, this counts as two individual activities (drilling).

Definition of 'licensed petroleum pipeline'

Regulation 59B defines the term 'licensed petroleum pipeline' as a petroleum pipeline covered by a pipeline licence.

Regulation 59C - Amount of environment plan levy

Subregulation 59C(1) provides that, for subsection 10F(4) of the Regulatory Levies Act, the amount of environment plan levy imposed by section 10F of the Regulatory Levies Act on the submission of an environment plan or a proposed revision of an environment plan is the sum of each amount worked out using this regulation. The amount of levy is worked out for each 'individual activity' or survey and these amounts together make up the amount of levy payable in respect of the environment plan or revised environment plan.

Individual activities (not seismic surveys and other surveys)

Subregulation 59C(2) provides that the amount of levy for an individual activity (not seismic or other surveys) in an environment plan or revised environment plan is worked out by adding the activity amount and the compliance amount.

Subregulation 59C(3) provides for working out the activity amount for an individual activity. The activity amount is worked out by locating the applicable table item in subregulation 59C(7) for the individual activity, then identifying the applicable activity rating. That activity rating is then multiplied by $3,000 to arrive at the activity amount.

Subregulation 59C(4) provides for the working out of the compliance amount. The compliance amount is worked out by identifying the compliance rating for the table item, multiplying that compliance rating by $3,000, and then multiplying the resulting amount by the number of years for which the activity is expected to continue (according to the timetable in the environment plan). Part years are to be rounded up. The maximum number of years is five, because an environment plan has a maximum life of five years before it must be revised and re-submitted to NOPSEMA.

The intention is that NOPSEMA's costs of assessing environment plans and revisions to environment plans will be recovered via the activity amount component of the levy and that NOPSEMA's ongoing costs of monitoring and enforcement in relation to the activities carried out under the plan will be recovered via the compliance amount component. While the compliance amount component, like the activity amount component, is imposed by the Regulatory Levies Act upon submission of the plan to NOPSEMA, the compliance amount component will be paid in annual instalments.

Seismic surveys and other surveys

Subregulations 59C(5) and (6) provide for the working out of environment plan levy in the case of a seismic survey or other survey. This is done by adding together the activity amount and the compliance amount for the type of survey, working these out in accordance with subregulations (3) and (4), respectively. Subregulation 59C(5) provides, in paragraph (b), that the addition of activity amount and compliance amount is performed only once, no matter how may titles the survey will cover.

Activity and compliance ratings

Subregulation 59C(7) sets out an activity and compliance rating table which describes each distinct kind of 'petroleum activity' and specifies the applicable activity rating and applicable compliance rating for each kind of activity.

Some items in the table require some explanation, as they use the defined term 'facility'. 'Facility' is defined in regulation 59B as having the same meaning as in clause 4 of Schedule 3 to the OPGGS Act ("clause 4"). Clause 4 refers only to facilities located in Commonwealth waters.

In table item 1, the 'petroleum activity' is an 'operation of a facility that is used for the recovery or processing of petroleum'. In table item 2, the 'petroleum activity' is an 'operation of a facility that is used for the storage of petroleum but not for the recovery or processing of petroleum'. In each case, the 'facility' falls within subparagraph 4(1)(b)(i) of clause 4. These facilities are vessels or structures used for the recovery of petroleum, for the processing of petroleum or for the storage and offloading of petroleum (or any combination). Because clause 4 is part of an occupational health and safety regime, in clause 4 the 'facilities' in this group are all at least partly above water and are manned, either permanently or intermittently.

The purpose of item 3 is to subject a levy for a production well that is wholly subsea and so is not itself a facility within clause 4, and that is not part of a facility covered by item 1 or 2 that is located in the same licence area. (Under the clause 4 definition in the OPGGS Act, a well that is connected to a production or storage facility or a licensed pipeline is part of the facility or pipeline.) For environment plan levy purposes under these Regulations, if a production well is part of a facility located within the same licence area, NOPSEMA's costs will be recovered under item 1 or 2 for the 'parent' facility. The only circumstances in which item 3 will result in levy being payable on a subsea installation will be either if it is a 'stand-alone' production or processing installation that is not a facility within the clause 4 definition in the OPGGS Act, or if it is a well connected to a facility or pipeline located in another licence area.

Minor revision

Subregulation 59C(8) provides for NOPSEMA to make a determination that a revision to an environment plan is a minor revision.

Subregulation 59C(9) provides that if NOPSEMA determines that a revision is minor, it must notify the titleholder in writing of the decision.

Subregulations 59C(10) and (11) provide that if NOPSEMA refuses to make a determination at the request of the registered holder, NOPSEMA must provide reasons in writing, and, if the decision was made by a delegate of the CEO, notify the registered holder that it may seek review of the decision by the CEO. The CEO must, as soon as practicable, review the decision and notify the registered holder of the decision, giving reasons in the case of a refusal to make the determination.

Subregulation 59C(12) provides that the amount of environment plan levy on the submission of a proposed revision that has been determined to be a minor revision is zero.

Regulation 59D - When environment plan levy is due and payable

Regulation 59D sets out when an environment plan levy on the submission of an environment plan or a proposed revision of an environment plan is due and payable.

Subregulation 59D(2) provides that the levy is payable on the submission of the environment plan or proposed revision.

Subregulation 59D(3) provides that the activity amount for either an individual activity or a seismic or other survey is due 30 days after the environment plan, or revision, is submitted to NOPSEMA.

Subregulation 59D(4) provides that the compliance amount for an individual activity or a seismic or other survey is due in equal annual instalments during the period of the environment plan.

Subregulation 59D(5) provides that, for the purposes of subregulation 59D(4), the first instalment of compliance amount is due 30 days after the submission of the environment plan or proposed revision. The subregulation also provides that each subsequent instalment is due at the beginning of each calendar year after the submission of the environment plan or proposed revision.

Regulation 59E - Refund or remission of compliance amount

Subregulation 59E(1) provides for a refund or remission of a compliance amount if NOPSEMA refuses to accept an environment plan, or a revision of an environment plan, under subregulation 11(3) of the Environment Regulations. In these circumstances, NOPSEMA is required to refund each instalment of the compliance amount that has been paid and remit each instalment of the compliance amount that has not yet been paid. If the proposed revision related to a plan that is still in force, compliance amounts remaining unpaid in relation to activities under that plan will continue to fall due.

Subregulation 59E(2) provides that, if NOPSEMA accepts a proposed revision of an environment plan that is not a minor revision and one or more instalments of compliance amount relating to the original plan is not yet due, NOPSEMA is required to remit that instalment or those instalments of compliance amount relating to the original plan.

Part 11C Environment plan levy - State and Territory designated coastal waters

Part 11C inserts new provisions relating to the environment plan levy imposed by section 10G of the Regulatory Levies Act in relation to environment plans for activities in State and Territory designated coastal waters. The new regulations provide for the working out of the amount of the environment plan levy, as authorised by subsection 10G(4) of the Regulatory Levies Act, and for when the environment plan levy becomes due and payable, as authorised by subsection 688C(1) of the OPGGS Act.

These provisions are identical, in their terms and their operation, to those in Part 11B that apply to Commonwealth waters.

There are, however, certain matters to note about the practical application of Part 11C. Section 10G of the Regulatory Levies Act only imposes environment plan levy in relation to a State or Territory title in State or Territory designated coastal waters if an environment plan is submitted to NOPSEMA

under a regulation of the State or Territory that substantially corresponds to regulation 9 of the Environment Regulations or if a revision of an environment plan is submitted under a regulation of the State or Territory that substantially corresponds to regulation 17, 18 or 19 of those Regulations. In either case, this will require that the State or Territory concerned have conferred functions on NOPSEMA with respect to environmental management of petroleum operations in its designated coastal waters. In the absence of such a conferral, Part 11C of the Regulations will be inoperative in relation to a State or Territory's designated coastal waters.

Regulation 59F - Definitions for Part 11C

Regulation 59F includes some different definitions of terms that are necessary to enable the regulations to apply in relation to State or Territory titles.

Regulation 59F Definition of facility

Regulation 59F provides that facility has the same meaning as in the applicable State or Territory safety law. This is necessary because the definition of 'facility' in clause 4 of Schedule 3 to the OPGGS Act only applies in relation to facilities in Commonwealth waters. The 'applicable State or Territory safety law' will have to include an equivalent to Schedule 3 to the OPGGS Act.

Regulation 59F Definition of individual activity

Regulation 59F defines the term 'individual activity' as meaning a petroleum activity, or all of the petroleum activities, that are authorised by a particular title and are of the same kind as a petroleum activity in the table in subregulation 59G(7), other than a seismic survey or other survey.

The intention is that all activities falling within the one table item in subregulation 59G(7) and being carried out in a single title area will count as one 'individual activity', regardless of the number of occurrences within the title area. The note to this definition gives the following examples. If four wells are to be drilled in one title area, this is one individual activity (drilling). If four wells are to be drilled, with two in one title area and two in another, this counts as two individual activities (drilling).

Regulation 59F Definition of 'licensed petroleum pipeline'

Regulation 59F defines the term 'licensed petroleum pipeline' as a petroleum pipeline covered by a pipeline licence granted under a State PSLA or a Territory PSLA. (The terms 'State PSLA' and 'Territory PSLA' are defined in regulation 3 of the Regulatory Levies Regulations.)

Regulation 59F Definition of State/Territory title

Regulation 59F defines State/Territory title as having the same meaning as in subsection 10G(7) of the Regulatory Levies Act.

Regulation 59G - Amount of environment plan levy

Subregulation 59G(1) provides that, for subsection 10G(4) of the Regulatory Levies Act, the amount of environment plan levy imposed by section 10G of the Regulatory Levies Act on the submission of an environment plan or a proposed revision of an environment plan is the sum of each amount worked out using this regulation. The amount of levy is worked out for each 'individual activity' or survey and these amounts together make up the amount of levy payable in respect of the environment plan or revised environment plan.

Individual activities (not seismic surveys and other surveys)

Subregulation 59G(2) provides that the amount of levy for an individual activity (not seismic or other surveys) in an environment plan or revised environment plan is worked out by adding the activity amount and the compliance amount.

Subregulation 59G(3) provides for working out the activity amount for an individual activity. The activity amount is worked out by locating the applicable table item in subregulation 59G(7) for the individual activity, then identifying the applicable activity rating. That activity rating is then multiplied by $3,000 to arrive at the activity amount.

Subregulation 59G(4) provides for the working out of the compliance amount. The compliance amount is worked out by identifying the compliance rating for the table item, multiplying that compliance rating by $3,000, and then multiplying the resulting amount by the number of years for which the activity is expected to continue (according to the timetable in the environment plan). Part years are to be rounded up. The maximum number of years is five, because an environment plan has a maximum life of five years before it must be revised and re-submitted to NOPSEMA.

Seismic surveys and other surveys

Subregulations 59G(5) and (6) provide for the working out of environment plan levy in the case of a seismic survey or other survey. This is done by adding together the activity amount and the compliance amount for the type of survey, working these out in accordance with subregulations (3) and (4), respectively. Subregulation 59G(5) provides, in paragraph (b), that the addition of activity amount and compliance amount is performed only once, no matter how may titles the survey will cover.

Activity and compliance ratings

Subregulation 59G(7) sets out an activity and compliance rating table which describes each distinct kind of 'petroleum activity' and specifies the applicable activity rating and applicable compliance rating for each kind of activity.

See the clause notes to subregulation 59C(7) for an explanation of how the table items referring to a 'facility' work. The operation is identical in relation to Commonwealth waters and State and Territory designated coastal waters. It is not practicable to give cross-references to the equivalent State and Territory Acts and regulations, however, as these are currently being amended in some jurisdictions and there may in fact not be State or Territory corresponding provisions.

Minor revision

Subregulation 59G(8) provides for NOPSEMA to make a determination that a revision to an environment plan is a minor revision.

Subregulations 59G(9) provides that if NOPSEMA determines that a revision is minor, it must notify the titleholder in writing of the decision.

Subregulations 59G(10) and (11) provide that if NOPSEMA refuses to make a determination at the request of the registered holder, NOPSEMA must provide reasons in writing, and, if the decision was made by a delegate of the CEO, notify the registered holder that it may seek review of the decision by the CEO. The CEO will be required, as soon as practicable, to review the decision and notify the registered holder of the decision, giving reasons in the case of a refusal to make the determination.

Subregulation 59G(12) provides that the amount of environment plan levy on the submission of a proposed revision that has been determined to be a minor revision is zero.

Regulation 59H - When environment plan levy is due and payable

Regulation 59H sets out when environment plan levy on the submission of an environment plan or a proposed revision of an environment plan is due and payable.

Subregulation 59H(2) provides that the levy is payable on the submission of the environment plan or proposed revision.

Subregulation 59H(3) provides that the activity amount for either an individual activity or a seismic or other survey is due 30 days after the environment plan, or revision, is submitted to NOPSEMA.

Subregulation 59H(4) provides that the compliance amount for an individual activity or a seismic or other survey is due in equal annual instalments during the period of the environment plan.

Subregulation 59H(5) provides that, for the purposes of subregulation 59H(4), the first instalment of compliance amount is due 30 days after the submission of the environment plan or proposed revision. The subregulation also provides that each subsequent instalment is due at the beginning of each calendar year after the submission of the environment plan or proposed revision.

Regulation 59I - Refund or remission of compliance amount

Subregulation 59I(1) provides for a refund or remission of a compliance amount if NOPSEMA refuses to accept an environment plan, or a revision of an environment plan, under a provision of a State or Territory law that substantially corresponds to subregulation 11(3) of the Commonwealth's Environment Regulations. In these circumstances, NOPSEMA is required to refund each instalment of the compliance amount that has been paid and remit each instalment of the compliance amount that has not yet been paid. If the proposed revision related to a plan that is still in force, compliance amounts remaining unpaid in relation to activities under that plan will continue to fall due.

Subregulation 59I(2) provides that, if NOPSEMA accepts a proposed revision of an environment plan that is not a minor revision and one or more instalments of compliance amount relating to the original plan is not yet due, NOPSEMA is required to remit that instalment or those instalments of compliance amount relating to the original plan.

Item [13] Subregulation 62(3)

Item 13 makes a technical amendment to this subregulation to correct an incorrect reference to regulation 39.

Item [15] Paragraph 63(2)(c)

Item 15 makes a technical amendment to this paragraph to correct incorrect references to regulations 37 and 38.

Item [16] Further amendments

Item 16 provides that machinery amendments be made in the listed provisions omitting the terms 'the Safety Authority' or 'The Safety Authority' and replacing them with the term 'NOPSEMA', or omitting the term 'Safety Authority waters' and replacing it with the term 'NOPSEMA waters', to reflect the change in name and expansion of the Safety Authority to become NOPSEMA from 1 January 2012.

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