OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010

Victorian Current Acts

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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010

TABLE OF PROVISIONS

Preamble

PART 1.1--LEGISLATIVE FORMALITIES AND BACKGROUND

1. Purpose
2. Commencement
3. Object
4. Simplified outline
5. Simplified map

PART 1.2--INTERPRETATION

Division 1--General

6. Definitions
7. References to Parts
8. Spaces above and below offshore area
9. Term of petroleum titles
10. Term of greenhouse gas titles
11. Renewal of petroleum titles
12. Renewal of greenhouse gas titles
13. Variation of petroleum titles
14. Variation of greenhouse gas titles
15. Tied titles
16. Vacated area
17. Infrastructure facilities
18. Terminal station
19. Terminal point
20. Declared greenhouse gas facility
21. Extended meaning of explore
22. Potential greenhouse gas storage formation
23. Eligible greenhouse gas storage formation
24. Potential greenhouse gas injection site
25. Incidental greenhouse gas‑related substance
26. Site plan—identified greenhouse gas storage formation
27. Significant risk of a significant adverse impact—approval of key petroleum operations
28. Significant risk of a significant adverse impact—grant of petroleum production licence
29. Significant risk of a significant adverse impact—approval of key greenhouse gas operations
30. Significant risk of a significant adverse impact—grant of greenhouse gas injection licence
31. Significant risk of a significant adverse impact—power of Minister to protect petroleum
32. Securities
33. Designated agreements
34. Ascertainment of wellhead for purposes of Act
35. Ascertainment of value of petroleum at wellhead
36. Ascertainment of quantity of petroleum recovered
37. Graticulation of Earth's surface and constitution of blocks

Division 2--Datum provisions

38. Objects
39. Definitions
40. Australian Geodetic Datum
41. Geocentric Datum of Australia
42. Current datum, previous datum and changeover time
43. Use of current datum
44. Use of previous datum
45. Variation of titles and instruments
46. Variation of applications for titles
47. No change to actual position of point, line or area
48. Transitional regulations

Division 3--Apportionment of petroleum recovered from adjoining title areas

49. Title
50. Titleholder and title area
51. Petroleum recovered through inclined well
52. Petroleum pool straddling 2 title areas etc.
53. Petroleum pool straddling State title area and Commonwealth title area
54. Petroleum pool straddling State title area and another State title area
55. Unit development
56. Supreme Court determinations for purposes of this Division

PART 1.3--JOINT AUTHORITY AND DESIGNATED AUTHORITY FOR OFFSHORE PETROLEUM

57. Minister as member of Joint Authority
58. Minister as Designated Authority
59. Delegations under Commonwealth Act
60. Public servants performing functions under Commonwealth Act

PART 1.3A--CROSS-BOUNDARY AUTHORITY FOR OFFSHORE GREENHOUSE GAS STORAGE

60A. Minister as member of Cross-boundary Authority
60B. Minister as responsible State Minister
60C. Delegations under Commonwealth Act—Cross‑boundary Authority and responsible State Minister
60D. Public servants performing functions under Commonwealth Act—Cross-boundary Authority and responsible State Minister
60E. Minister's consent to grant of cross‑boundary greenhouse gas holding lease
60F. Minister's consent to grant of cross‑boundary greenhouse gas injection licence
60G. Minister's consent to renewal of cross‑boundary greenhouse gas assessment permit or cross‑boundary greenhouse gas holding lease

PART 1.4--SUSTAINABILITY PRINCIPLES

61. Principles of sustainable development

PART 1.5--APPLICATION PROVISIONS

62. Application of Act
63. Disapplication of State occupational health and safety laws
64. Relationship with other Acts
65. Underground geological storage formation is the property of the Crown
66. Crown retains Crown land rights
67. Ownership of greenhouse gas substance
68. Act binds the Crown
69. Act applies subject to international obligations

PART 2.1--INTRODUCTION

70. Simplified outline

PART 2.2--PETROLEUM EXPLORATION PERMITS

Division 1--General provisions

71. Simplified outline
72. Prohibition of unauthorised exploration for petroleum in offshore area
73. Rights conferred by petroleum exploration permit
74. Conditions of petroleum exploration permits
75. Standard conditions of work-bid petroleum exploration permits and special petroleum exploration permits
76. Restrictions on conditions of cash-bid petroleum exploration permits
77. Conditions of declared petroleum exploration permits—approval of key petroleum operations
77A. Conditions of boundary-change petroleum exploration permits
78. Declared petroleum exploration permit—approval by Minister of key petroleum operations
79. Minister must have regard to certain matters before approving key petroleum operations
80. Minister must not give approval in certain circumstances
81. No right to an approval
82. Suspension of rights to be disregarded
83. Declared petroleum exploration permits
84. Duration of petroleum exploration permit
85. Extension of petroleum exploration permit if permittee applies for petroleum retention lease or petroleum production licence

Division 2--Obtaining a work‑bid petroleum exploration permit

86. Application for work‑bid petroleum exploration permit—advertising of blocks
87. Grant of work‑bid petroleum exploration permit—offer document
88. Granting of offer document for work‑bid petroleum exploration permit
89. Ranking of applications for work-bid petroleum exploration permit
90. Grant of work‑bid petroleum exploration permit
91. Withdrawal of application
92. Effect of withdrawal or lapse of application

Division 3--Obtaining a cash‑bid petroleum exploration permit

93. Application for cash‑bid petroleum exploration permit
94. Grant of cash‑bid petroleum exploration permit—only one application
95. Grant of cash‑bid petroleum exploration permit—2 or more applications
96. Grant of cash‑bid petroleum exploration permit
97. Extension of cash‑bid petroleum exploration permit

Division 4--Obtaining a special petroleum exploration permit over a surrendered block or certain other blocks

98. Application for a special petroleum exploration permit over a surrendered block or certain other blocks
99. Grant of special petroleum exploration permit—only one application
100. Grant of special petroleum exploration permit—2 or more applications
101. Grant of special petroleum exploration permit

Division 4A--Obtaining a boundary-change petroleum exploration permit

101A. Grant of boundary-change petroleum exploration permit

Division 5--Renewal of petroleum exploration permits

102. Application for renewal of petroleum exploration permit
103. Non‑renewable cash‑bid petroleum exploration permits
104. Limit on renewal of cash‑bid petroleum exploration permits
105. Limits on renewal of work‑bid petroleum exploration permits and special petroleum exploration permits
105A. Limits on renewal of boundary-change petroleum exploration permits
106. Standard halving rules
107. Additional rules relating to renewals of cash-bid petroleum exploration permits
108. Renewal of petroleum exploration permit—offer document
109. Refusal to renew petroleum exploration permit
110. Renewal of petroleum exploration permit

Division 6--Locations

111. Simplified outline
112. Nomination of blocks as a location
113. Requirement to nominate blocks as a location
114. Declaration of location
115. Revocation of declaration
116. Variation of declaration

PART 2.3--PETROLEUM RETENTION LEASES

Division 1--General provisions

117. Simplified outline
118. Rights conferred by petroleum retention lease
119. Conditions of petroleum retention leases
120. Standard conditions of petroleum retention leases
121. Conditions of declared petroleum retention leases—approval of key petroleum operations
121A. Variation of petroleum retention leases obtained as result of change to the boundary of the offshore area
122. Declared petroleum retention lease—approval by Minister of key petroleum operations
123. Minister must have regard to certain matters before approving key petroleum operations
124. Circumstances in which approval of key petroleum operations must not be given
125. No right to an approval
126. Suspension of rights to be disregarded
127. Declared petroleum retention leases
128. Duration of petroleum retention lease
129. Extension of petroleum retention lease if lessee applies for petroleum production licence

Division 2--Obtaining a petroleum retention lease

130. Application for petroleum retention lease by the holder of a petroleum exploration permit
131. Grant of petroleum retention lease—offer document
132. Refusal to grant petroleum retention lease
133. Grant of petroleum retention lease
134. Petroleum exploration permit ceases to be in force when petroleum retention lease comes into force
135. Petroleum exploration permit transferred—transferee to be treated as applicant
136. Application for petroleum retention lease by the holder of a life‑of‑field petroleum production licence
137. Grant of petroleum retention lease—offer document
138. Refusal to grant petroleum retention lease
139. Grant of petroleum retention lease
140. Petroleum production licence ceases to be in force when petroleum retention lease comes into force
141. Petroleum production licence transferred—transferee to be treated as applicant
141A. Grant of petroleum retention lease as a result of a change to the boundary of the offshore area

Division 3--Renewal of petroleum retention leases

142. Application for renewal of petroleum retention lease
143. Renewal of petroleum retention lease—offer document
144. Refusal to renew petroleum retention lease
145. Renewal of petroleum retention lease

Division 4--Revocation of petroleum retention leases

146. Notice of proposal to revoke petroleum retention lease
147. Revocation of petroleum retention lease

PART 2.4--PETROLEUM PRODUCTION LICENCES

Division 1--General provisions

148. Simplified outline
149. Prohibition of unauthorised recovery of petroleum in offshore area
150. Rights conferred by petroleum production licence
151. Conditions of petroleum production licences
151A. Minister must have regard to cross‑boundary titles before granting petroleum production licence
152. Standard conditions of petroleum production licences
152A. Conditions restricting the sale of petroleum to LNG exporters
152B. Minister may require person to provide information on supply of petroleum
153. Restrictions on conditions of petroleum production licences
154. Renewal conditions of petroleum production licences
155. Conditions of declared petroleum production licences—approval of key petroleum operations
155A. Variation of petroleum production licences obtained as result of change to the boundary of the offshore area
156. Declared petroleum production licence—approval by Minister of key petroleum operations
157. Minister must have regard to certain matters before approving key petroleum operations
158. Minister must not give approval in certain circumstances
159. No right to an approval
160. Suspension of rights to be disregarded
161. Declared petroleum production licences
162. Duration of petroleum production licence
163. Termination of life‑of‑field petroleum production licence if no recovery operations for 5 years

Division 2--Obtaining a petroleum production licence as a result of an application made by a petroleum exploration permittee or a petroleum retention lessee

164. Application for petroleum production licence by permittee
165. Application period
166. Application for petroleum production licence by lessee
167. Offer document
168. Refusal to grant petroleum production licence
169. Minister may defer taking action on application for petroleum production licence if there is a pending application for a greenhouse gas assessment permit
170. Grant of petroleum production licence
171. Petroleum exploration permit or petroleum retention lease ceases to be in force when petroleum production licence comes into force
172. Petroleum exploration permit or petroleum retention lease transferred—transferee to be treated as applicant

Division 3--Obtaining a cash‑bid petroleum production licence over a surrendered block or similar block

173. Application for cash‑bid petroleum production licence over surrendered blocks or similar blocks
174. Deposit
175. Grant of cash‑bid petroleum production licence—only one application
176. Grant of cash‑bid petroleum production licence—2 or more applications
177. Grant of cash‑bid petroleum production licence

Division 4--Obtaining petroleum production licences over individual blocks

178. Applications for petroleum production licences over individual blocks
179. Grant of petroleum production licences over individual blocks

Division 4A--Obtaining a petroleum production licence as a result of a change to the boundary of the offshore area

179A. Grant of petroleum production licence as a result of a change to the boundary of the offshore area

Division 5--What happens if a block is not taken up

180. Revocation of petroleum exploration permit or petroleum retention lease to the extent to which it relates to a block not taken up

Division 6--Petroleum field development

181. Direction to recover petroleum
182. Directions about the rate of recovery of petroleum
183. Definitions
184. Unit development agreement and unit development scheme
185. Directions
186. Consultation

PART 2.5--INFRASTRUCTURE LICENCES

Division 1--General provisions

187. Simplified outline
188. Prohibition of unauthorised construction or operation of an infrastructure facility in the offshore area
189. Rights conferred by an infrastructure licence
190. Conditions of infrastructure licences
191. Duration of infrastructure licence
192. Termination of infrastructure licence if no operations for 5 years

Division 2--Obtaining an infrastructure licence

193. Application for infrastructure licence
194. Grant of infrastructure licence—offer document
195. Refusal to grant infrastructure licence
196. Grant of infrastructure licence
197. Consultation with petroleum titleholders—grant of infrastructure licence
198. Consultation with greenhouse gas titleholders—grant of infrastructure licence

Division 3--Varying an infrastructure licence

199. Application for variation of infrastructure licence
200. Variation of infrastructure licence
201. Consultation with petroleum titleholders—variation of infrastructure licence
202. Consultation with greenhouse gas titleholders—variation of infrastructure licence

PART 2.6--PIPELINE LICENCES

Division 1--General provisions

203. Simplified outline
204. Offence of unauthorised construction or operation of a pipeline in the offshore area
205. Offence of starting to operate a pipeline
206. Offence of recommencing to operate a pipeline
207. Defences
208. Consents and certificates
209. Rights conferred by pipeline licence
210. Conditions of pipeline licences
211. Approval by Minister of greenhouse gas substance to be conveyed in a pipeline
212. Duration of pipeline licence
213. Termination of pipeline licence if no operations for 5 years
214. Alteration or removal of pipeline constructed in breach of this Act

Division 2--Obtaining a pipeline licence

215. Application for pipeline licence
216. Rights of petroleum production licensees following application for petroleum‑related pipeline licences by other persons
217. Rights of petroleum production licensees following application for greenhouse gas‑related pipeline licences by other persons
218. Rights of greenhouse gas injection licensees following application for greenhouse gas‑related pipeline licences by other persons
219. Grant of petroleum‑related pipeline licence—offer document
220. Grant of greenhouse gas‑related pipeline licence—offer document
221. Refusal to grant petroleum‑related pipeline licence
222. Refusal to grant greenhouse gas‑related pipeline licence
223. Grant of pipeline licence

Division 3--Varying a pipeline licence

224. Variation of pipeline licence on application by licensee
225. Variation of pipeline licence at the request of a Minister or a statutory body

Division 4--Pipeline operation

226. Ceasing to operate pipeline without consent

PART 2.7--PETROLEUM SPECIAL PROSPECTING AUTHORITIES

Division 1--General provisions

227. Simplified outline
228. Rights conferred by petroleum special prospecting authority
229. Conditions of petroleum special prospecting authorities
230. Duration of petroleum special prospecting authority
231. Petroleum special prospecting authority cannot be transferred

Division 2--Obtaining a petroleum special prospecting authority

232. Application for petroleum special prospecting authority
233. Grant or refusal of petroleum special prospecting authority
234. Holders to be informed of the grant of another petroleum special prospecting authority
235. Holders to be informed of the grant of greenhouse gas search authority

PART 2.8--PETROLEUM ACCESS AUTHORITIES

Division 1--General provisions

236. Simplified outline
237. Rights conferred by petroleum access authority
238. Conditions of petroleum access authorities
239. Duration of petroleum access authority

Division 2--Obtaining a petroleum access authority

240. Application for petroleum access authority
241. Grant or refusal of petroleum access authority
242. Consultation—grant of petroleum access authority in the offshore area

Division 3--Variation of petroleum access authorities

243. Variation of petroleum access authority
244. Consultation—variation of petroleum access authority in the offshore area

Division 4--Reporting obligations of holders of petroleum access authorities

245. Reporting obligations of holders of petroleum access authorities

Division 5--Revocation of petroleum access authorities

246. Revocation of petroleum access authority

PART 2.9--PETROLEUM SCIENTIFIC INVESTIGATION CONSENTS

247. Simplified outline
248. Rights conferred by petroleum scientific investigation consent
249. Conditions of petroleum scientific investigation consents
250. Grant of petroleum scientific investigation consent

PART 2.10--STANDARD PROCEDURES

251. Application to be made in an approved manner
252. Application fee
253. Application may set out additional matters
254. Minister may require further information
255. Offer documents
256. Acceptance of offer—request by applicant
257. Acceptance of offer—payment
258. Consultation—adverse decisions
259. Minister may require information about negotiations for a designated agreement

PART 2.11--VARIATION, SUSPENSION AND EXEMPTION

Division 1--Variation, suspension and exemption decisions relating to petroleum exploration permits, petroleum retention leases, petroleum production licences, infrastructure licences and pipeline licences

260. Variation, suspension and exemption—conditions of titles
261. Extension of term of petroleum exploration permit or petroleum retention lease—suspension or exemption
262. Suspension of rights—petroleum exploration permit or petroleum retention lease
263. Extension of term of petroleum exploration permit or petroleum retention lease—suspension of rights
263A. Variation of a State title—including an area as the result of a change to the boundary of the offshore area

Division 2--Variation, suspension and exemption decisions relating to petroleum special prospecting authorities and petroleum access authorities

264. Variation, suspension and exemption—conditions of petroleum special prospecting authorities and petroleum access authorities

PART 2.12--SURRENDER OF TITLES

Division 1--Surrender of petroleum exploration permits, petroleum production licences, petroleum retention leases, infrastructure licences and pipeline licences

265. Application for consent to surrender title
266. Consent to surrender title
267. Surrender of title

Division 2--Surrender of petroleum special prospecting authorities and petroleum access authorities

268. Surrender of petroleum special prospecting authority
269. Surrender of petroleum access authority

PART 2.13--CANCELLATION OF TITLES

Division 1--Cancellation of petroleum exploration permits, petroleum production licences, petroleum retention leases, infrastructure licences and pipeline licences

270. Grounds for cancellation of title
271. Cancellation of title
272. Consultation
273. Cancellation of title not affected by other provisions

Division 2--Cancellation of petroleum special prospecting authorities

274. Cancellation of petroleum special prospecting authority

PART 2.14--OTHER PROVISIONS

275. Reservation of blocks
276. Interference with other rights
277. No conditions about payment of money
278. Changes to the boundary of the offshore area
279. Notification of discovery of petroleum in petroleum exploration permit area or petroleum retention lease area
280. Property in recovered petroleum
281. Certain payments to be made by State to Commonwealth
282. Determination to be disregarded in certain cases

PART 3.1--INTRODUCTION

283. Simplified outline

PART 3.2--GREENHOUSE GAS ASSESSMENT PERMITS

Division 1--General provisions

284. Simplified outline
285. Prohibition of unauthorised exploration for potential greenhouse gas storage formation, or potential greenhouse gas injection site, in offshore area
286. Rights conferred by greenhouse gas assessment permit
287. Conditions of greenhouse gas assessment permits
288. Standard conditions of greenhouse gas assessment permits
289. Conditions on work‑bid greenhouse gas assessment permits
290. Conditions on cash-bid greenhouse gas assessment permits
291. Approval by Minister of key greenhouse gas operations
292. Minister must have regard to certain matters before approving key greenhouse gas operations
293. Circumstances in which approval of key greenhouse gas operations must not be given
294. Duration of greenhouse gas assessment permit
295. Extension of greenhouse gas assessment permit if permittee applies for a declaration of an identified greenhouse gas storage formation
296. Extension of greenhouse gas assessment permit if permittee applies for a greenhouse gas holding lease or greenhouse gas injection licence
296A. Extension of duration of existing greenhouse gas assessment permit if permittee applies for a cross‑boundary greenhouse gas assessment permit
296B. Permit area of cross‑boundary greenhouse gas assessment permit

Division 2--Obtaining a work‑bid greenhouse gas assessment permit

297. Application for work‑bid greenhouse gas assessment permit—advertising of blocks
298. Retention lessee or production licensee to be notified of proposal to advertise blocks
299. Grant of work‑bid greenhouse gas assessment permit—offer document
300. Granting of offer document for work‑bid greenhouse gas assessment permit
301. Criteria for determining most deserving applicant for work‑bid greenhouse gas assessment permit
302. Ranking of applicants for work‑bid greenhouse gas assessment permit
303. Grant of work‑bid greenhouse gas assessment permit
304. Withdrawal of application
305. Effect of withdrawal or lapse of application

Division 2A--Consolidated work-bid greenhouse gas assessment permits

305A. Application for a consolidated work-bid greenhouse gas assessment permit
305B. Grant of consolidated work-bid greenhouse gas assessment permit
305C. Consequences of grant of consolidated work-bid greenhouse gas assessment permit

Division 3--Obtaining a cash‑bid greenhouse gas assessment permit

306. Application for cash‑bid greenhouse gas assessment permit
307. Retention lessee or production licensee to be notified of proposal to advertise blocks
308. Grant of cash‑bid greenhouse gas assessment permit—only one application
309. Grant of cash‑bid greenhouse gas assessment permit—2 or more applications
310. Grant of cash‑bid greenhouse gas assessment permit

Division 4--Renewal of greenhouse gas assessment permits

311. Application for renewal of greenhouse gas assessment permit
312. Renewal of greenhouse gas assessment permit—offer document
313. Refusal to renew greenhouse gas assessment permit
314. Renewal of greenhouse gas assessment permit

Division 5--Declaration of identified greenhouse gas storage formation

315. Application for declaration of identified greenhouse gas storage formation
316. Request for further information or further analysis
317. Variation of applications under section 315
318. Declaration of identified greenhouse gas storage formation
319. Variation of declaration of identified greenhouse gas storage formation
320. Revocation of declaration of identified greenhouse gas storage formation
321. Register of Identified Greenhouse Gas Storage Formations

Division 6--Directions

322. Minister may give directions to greenhouse gas assessment permittees
323. Compliance with directions

PART 3.3--GREENHOUSE GAS HOLDING LEASES

Division 1--General provisions

324. Simplified outline
325. Rights conferred by greenhouse gas holding lease
326. Conditions of greenhouse gas holding leases
327. Standard conditions of greenhouse gas holding leases
328. Conditions on greenhouse gas holding lease
329. Approval by Minister of key greenhouse gas operations
330. Minister must have regard to certain matters
331. Circumstances in which the approval must not be given
332. Duration of greenhouse gas holding lease
333. Extension of greenhouse gas holding lease if lessee applies for a special greenhouse gas holding lease or greenhouse gas injection licence
333A. Lease area of cross‑boundary greenhouse gas holding lease

Division 2--Obtaining a greenhouse gas holding lease

334. Application for greenhouse gas holding lease by the holder of a greenhouse gas assessment permit
335. Applications under section 334
336. Variation of applications under section 334
337. Grant of greenhouse gas holding lease—offer document
338. Refusal to grant greenhouse gas holding lease
339. Grant of greenhouse gas holding lease
340. Greenhouse gas assessment permit ceases to be in force when greenhouse gas holding lease comes into force
341. Greenhouse gas assessment permit transferred—transferee to be treated as applicant
342. Application for greenhouse gas holding lease by the holder of a greenhouse gas injection licence
343. Variation of applications under section 342
344. Grant of greenhouse gas holding lease—offer document
345. Refusal to grant greenhouse gas holding lease
346. Grant of greenhouse gas holding lease
347. Greenhouse gas injection licence ceases to be in force when greenhouse gas holding lease comes into force
348. Greenhouse gas injection licence transferred—transferee to be treated as applicant
349. Application for special greenhouse gas holding lease by an unsuccessful applicant for a greenhouse gas injection licence
350. Variation of applications under section 349
351. Grant of special greenhouse gas holding lease—offer document
352. Grant of special greenhouse gas holding lease
353. Greenhouse gas assessment permit ceases to be in force when special greenhouse gas holding lease comes into force
354. Ordinary greenhouse gas holding lease ceases to be in force when special greenhouse gas holding lease comes into force
355. Greenhouse gas assessment permit transfer—transferee to be treated as applicant
356. Greenhouse gas holding lease transfer—transferee to be treated as applicant
357. Application for greenhouse gas holding lease by the holder of a petroleum retention lease
358. Variation of applications under section 357
359. Grant of greenhouse gas holding lease—offer document
360. Grant of greenhouse gas holding lease
361. Retention lease transfer—transferee to be treated as applicant

Division 3--Renewal of greenhouse gas holding leases

362. Application for renewal of greenhouse gas holding lease
363. Renewal of greenhouse gas holding lease—offer document
364. Refusal to renew greenhouse gas holding lease
365. Renewal of greenhouse gas holding lease

Division 4--Directions

366. Minister may give directions to greenhouse gas holding lessees
367. Compliance with directions

Division 5--Special greenhouse gas holding lessee may be requested to apply for a greenhouse gas injection licence

368. Minister may request special greenhouse gas holding lessee to apply for a greenhouse gas injection licence

Division 6--Cancellation of certain greenhouse gas holding leases granted to the holders of petroleum retention leases

369. Cancellation of certain greenhouse gas holding leases granted to the holders of petroleum retention leases

PART 3.4--GREENHOUSE GAS INJECTION LICENCES

Division 1--General provisions

370. Simplified outline
371. Prohibition of unauthorised injection and storage of substances in offshore area
372. Rights conferred by greenhouse gas injection licence
373. Conditions of greenhouse gas injection licences
374. Injection and storage of greenhouse gas substance
375. Other standard conditions of greenhouse gas injection licences
376. Imposition of additional conditions
377. Duration of greenhouse gas injection licence
378. Termination of greenhouse gas injection licence if no injection operations for 5 years
378A. Licence area of cross‑boundary greenhouse gas injection licence

Division 2--Obtaining a greenhouse gas injection licence

379. Application for greenhouse gas injection licence by greenhouse gas assessment permittee or greenhouse gas holding lessee
380. Applications under section 379
381. Variation of applications under section 379
382. Offer document for application by permittee
383. Offer document for application by lessee
384. Public interest in grant of greenhouse gas injection licence
385. Commercial viability test
386. Refusal to grant greenhouse gas injection licence
387. Grant of greenhouse gas injection licence
388. Deferral of decision to grant greenhouse gas injection licence—pending application for post‑commencement petroleum exploration permit
389. Greenhouse gas assessment permit or greenhouse gas holding lease ceases to be in force when greenhouse gas injection licence comes into force
390. Greenhouse gas assessment permit transfer—transferee to be treated as applicant
391. Greenhouse gas holding lease transfer—transferee to be treated as applicant
392. Application for greenhouse gas injection licence by the holder of a petroleum production licence
393. Applications under section 392
394. Variation of applications under section 392
395. Grant of greenhouse gas injection licence—offer document
396. Refusal to grant greenhouse gas injection licence
397. Grant of greenhouse gas injection licence
398. Petroleum production licence transferred—transferee to be treated as applicant

Division 3--Variations

399. Variation of matters specified in greenhouse gas injection licence—general
400. Variation of matters specified in greenhouse gas injection licence—declaration of identified greenhouse gas storage formation varied

Division 4--Directions

401. Minister may give greenhouse gas injection licensee directions to protect geological formations containing petroleum pools etc.
402. Variation of matters inconsistent with direction to protect geological formations
403. Consultation—directions
404. Compliance with directions

Division 5--Dealing with serious situations

405. Serious situation
406. Powers of Minister to deal with serious situations
407. Variation of matters inconsistent with direction to deal with serious situation
408. Consultation—directions to do something outside the licence area
409. Compliance with directions

Division 6--Protection of petroleum discovered in the title area of a pre‑commencement petroleum title

410. Powers of Minister to protect petroleum discovered in the title area of a pre‑commencement petroleum title
411. Variation of matters inconsistent with direction to protect petroleum discovered in the title area of a pre-commencement petroleum title
412. Consultation—directions to do something outside the licence area
413. Compliance with directions

Division 7--Site closing certificates

414. Application for site closing certificate
415. Mandatory application—cessation of injection operations
416. Mandatory application—grounds for cancellation of licence
417. Compliance with direction to apply for site closing certificate
418. Mandatory application—greenhouse gas injection licence tied to a petroleum retention lease or petroleum production licence
418A. Applications in relation to cross‑boundary greenhouse gas injection licences prohibited
419. Variation of applications for site closing certificate
420. Issue of site closing certificate—pre‑certificate notice
421. Matters to which the Minister must have regard—pre‑certificate notice
422. Circumstances in which a pre‑certificate notice may be refused
423. Circumstances in which a pre‑certificate notice must not be given
424. Acknowledgement of receipt of application for site closing certificate
425. Refusal to give pre‑certificate notice
426. Pre‑certificate notice—security etc.
427. Issue of site closing certificate
428. Greenhouse gas injection licence transferred—transferee to be treated as applicant
429. Duration of site closing certificate
430. Transfer of site closing certificate
431. Transfer of securities
432. Discharge of securities
433. Recovery of the State's costs and expenses

PART 3.5--GREENHOUSE GAS SEARCH AUTHORITIES

Division 1--General provisions

434. Simplified outline
435. Rights conferred by greenhouse gas search authority
436. Conditions of greenhouse gas search authorities
437. Duration of greenhouse gas search authority
438. Greenhouse gas search authority cannot be transferred

Division 2--Obtaining a greenhouse gas search authority

439. Application for greenhouse gas search authority
440. Grant or refusal of greenhouse gas search authority
441. Holders to be informed of the grant of another greenhouse gas search authority
442. Holders to be informed of the grant of a petroleum special prospecting authority

PART 3.6--GREENHOUSE GAS SPECIAL AUTHORITIES

Division 1--General provisions

443. Simplified outline
444. Rights conferred by greenhouse gas special authority
445. Conditions of greenhouse gas special authorities
446. Duration of greenhouse gas special authority

Division 2--Obtaining a greenhouse gas special authority

447. Application for greenhouse gas special authority
448. Grant or refusal of greenhouse gas special authority
449. Consultation—grant of greenhouse gas special authority

Division 3--Variation of greenhouse gas special authorities

450. Variation of greenhouse gas special authority
451. Consultation—variation of greenhouse gas special authority

Division 4--Reporting obligations of holders of greenhouse gas special authorities

452. Reporting obligations of holders of greenhouse gas special authorities

Division 5--Revocation of greenhouse gas special authorities

453. Revocation of greenhouse gas special authority

PART 3.7--GREENHOUSE GAS RESEARCH CONSENTS

454. Simplified outline
455. Rights conferred by greenhouse gas research consent
456. Conditions of greenhouse gas research consents
457. Grant of greenhouse gas research consent

PART 3.8--STANDARD PROCEDURES

458. Application to be made in an approved manner
459. Application fee
460. Application may set out additional matters
461. Minister may require further information
462. Offer documents
463. Acceptance of offer—request by applicant
464. Acceptance of offer—payment
465. Acceptance of offer—lodgment of security
466. Consultation—adverse decisions
467. Minister may require information about negotiations for a designated agreement

PART 3.9--VARIATION, SUSPENSION AND EXEMPTION

Division 1--Variation, suspension and exemption decisions relating to greenhouse gas assessment permits, greenhouse gas holding leases and greenhouse gas injection licences

468. Variation, suspension and exemption—conditions of titles
469. Extension of term of greenhouse gas assessment permit or greenhouse gas holding lease—suspension or exemption
470. Suspension of rights—greenhouse gas assessment permit or greenhouse gas holding lease
471. Extension of term of greenhouse gas assessment permit or greenhouse gas holding lease—suspension of rights

Division 2--Variation, suspension and exemption decisions relating to greenhouse gas search authorities and greenhouse gas special authorities

472. Variation, suspension and exemption—conditions of greenhouse gas search authorities and greenhouse gas special authorities

PART 3.10--SURRENDER OF TITLES

Division 1--Surrender of greenhouse gas assessment permits, greenhouse gas holding leases and greenhouse gas injection licences

473. Application for consent to surrender title
474. Consent to surrender title
475. Sufficient grounds for surrender of title
476. Work‑bid greenhouse gas assessment permit—compliance with work condition
477. Surrender area
478. Surrender of title

Division 2--Surrender of greenhouse gas search authorities and greenhouse gas special authorities

479. Surrender of greenhouse gas search authority
480. Surrender of greenhouse gas special authority

PART 3.11--CANCELLATION OF TITLES

Division 1--Cancellation of greenhouse gas assessment permits, greenhouse gas holding leases and greenhouse gas injection licences

481. Grounds for cancellation of title
482. Cancellation of title
483. Consultation
484. Cancellation of title not affected by other provisions

Division 2--Cancellation of greenhouse gas search authorities

485. Cancellation of greenhouse gas search authority

PART 3.12--OTHER PROVISIONS

486. Notification of eligible greenhouse gas storage formation
486A. Notification of eligible greenhouse gas storage formation—consolidation of work-bid greenhouse gas assessment permit
487. Notification of discovery of petroleum in greenhouse gas assessment permit area etc.
488. Disposing of waste or other matter
489. Additional securities etc.
490. Transfer of securities
491. Discharge of securities
492. Approved site plans
493. Variation of approved site plans
494. Co‑existence of greenhouse gas titles and petroleum titles
495. Reservation of blocks
496. Interference with other rights
497. No conditions about payment of money
498. Certain portions of blocks to be blocks
499. Changes to the boundary of the offshore area
500. Minister may monitor the behaviour of a greenhouse gas substance stored in a part of a geological formation
501. Monitoring information may be made publicly available

PART 4.1--INTRODUCTION

502. Simplified outline
503. Definitions
504. Dealing—series of debentures

PART 4.2--REGISTER OF TITLES AND PETROLEUM SPECIAL PROSPECTING AUTHORITIES

505. Register to be kept
506. Entries in Register—general
507. Entry in Register—cessation, revocation or expiry of title

PART 4.3--TRANSFER OF TITLES

508. Approval and registration of transfers
509. Application for approval of transfer
510. Documents to accompany application
511. Time limit for application
512. Date of application to be entered in Register
513. Approval of transfer
514. Registration of transfer
515. Instrument of transfer does not create an interest in the title
516. Limit on effect of approval of transfers

PART 4.4--DEVOLUTION OF TITLE

517. Application to have name entered on the Register as the holder of a title
518. Entry of name in the Register

PART 4.5--CHANGE IN NAME OF COMPANY

519. Application to have new name entered on the Register
520. Alteration in the Register

PART 4.6--DEALINGS RELATING TO EXISTING TITLES

521. Dealings to which this Part applies
522. Approval and registration of dealings
523. Application for approval of dealing
524. Documents to accompany application
525. Charge over assets of a body corporate—copies of documents
526. Timing of application
527. Application date to be entered in Register
528. Approval of dealing
529. Entry of dealing in Register
530. Retention, inspection and return of instruments
531. Strict compliance with application provisions not required
532. Limit on effect of approval of dealing

PART 4.7--DEALINGS IN FUTURE INTERESTS

533. Provisional application for approval of dealing
534. Documents to accompany provisional application
535. Charge over assets of a body corporate—copies of documents
536. Timing of provisional application
537. Provisional application to be treated as an application under section 523 when title comes into existence
538. Limit on approval of dealing

PART 4.8--CORRECTION AND RECTIFICATION OF REGISTER

539. Corrections of clerical errors or obvious defects
540. General power of correction of Register
541. Rectification of Register

PART 4.9--INFORMATION‑GATHERING POWERS

542. Minister may obtain information from applicants
543. Minister may obtain information from a party to an approved dealing
544. Production and inspection of documents
545. Minister may retain documents

PART 4.10--OTHER PROVISIONS

546. Minister not concerned with the effect of instrument lodged under this Chapter
547. True consideration to be shown
548. Making a false entry in a Register
549. Falsified documents
550. Inspection of Register and instruments
551. Evidence of matters entered in the Register
552. Evidentiary certificate
553. Criminal proceedings—copy of certificate to be given to defendant 14 days before certificate admitted in evidence
554. Person signing the certificate may be called to give evidence
555. Assessment of fee
556. Appeal against assessment of fee
557. Fees for entries in the Register of memoranda of transfers of title
558. Fees for approval of dealings relating to petroleum titles
559. Exemption from duty

PART 5.1--INTRODUCTION

560. Simplified outline
561. Definitions
562. Dealing—series of debentures

PART 5.2--REGISTER OF TITLES AND GREENHOUSE GAS SEARCH AUTHORITIES

563. Register to be kept
564. Entries in Register—general
565. Entry in Register—cessation or expiry of title

PART 5.3--TRANSFER OF TITLES

566. Approval and registration of transfers
567. Application for approval of transfer
568. Documents to accompany application
569. Time limit for application
570. Date of application to be entered in Register
571. Approval of transfer
572. Registration of transfer
573. Instrument of transfer does not create an interest in the title
574. Limit on effect of approval of transfers

PART 5.4--DEVOLUTION OF TITLE

575. Application to have name entered on the Register as the holder of a title
576. Entry of name in the Register

PART 5.5--CHANGE IN NAME OF COMPANY

577. Application to have new name entered on the Register
578. Alteration in the Register

PART 5.6--DEALINGS RELATING TO EXISTING TITLES

579. Dealings to which this Part applies
580. Approval and registration of dealings
581. Application for approval of dealing
582. Documents to accompany application
583. Timing of application
584. Application date to be entered in Register
585. Approval of dealing
586. Entry of dealing in Register
587. Retention, inspection and return of instruments
588. Strict compliance with application provisions not required
589. Limit on effect of approval of dealing

PART 5.7--DEALINGS IN FUTURE INTERESTS

590. Provisional application for approval of dealing
591. Documents to accompany provisional application
592. Charge over assets of a body corporate—copies of documents
593. Timing of provisional application
594. Provisional application to be treated as an application under section 581 when title comes into existence
595. Limit on approval of dealing

PART 5.8--CORRECTION AND RECTIFICATION OF REGISTER

596. Corrections of clerical errors or obvious defects
597. General power of correction of Register
598. Rectification of Register

PART 5.9--INFORMATION‑GATHERING POWERS

599. Minister may obtain information from applicants
600. Minister may obtain information from a party to an approved dealing
601. Production and inspection of documents
602. Minister may retain documents

PART 5.10--OTHER PROVISIONS

603. Minister not concerned with the effect of instrument lodged under this Chapter
604. True consideration to be shown
605. Making a false entry in the Register
606. Falsified documents
607. Inspection of Register and instruments
608. Evidence of matters entered in the Register
609. Evidentiary certificate
610. Criminal proceedings—copy of certificate to be given to defendant 14 days before certificate admitted in evidence
611. Person signing the certificate may be called to give evidence
612. Assessment of fee
613. Appeal against assessment of fee

PART 6.1--OPERATIONS

614. Simplified outline
615. Commencement of works or operations
616. Work practices
617. Work practices
618. Insurance—petroleum permits, leases and licences
619. Insurance—petroleum authorities
620. Insurance—greenhouse gas titles
621. Maintenance and removal of property etc. by titleholder

PART 6.2--DIRECTIONS RELATING TO PETROLEUM

Division 1--Simplified outline

622. Simplified outline

Division 2--General power to give directions

623. General power to give directions
624. Notification of a direction that has an extended application
625. Compliance with direction

Division 3--Minister may take action if there is noncompliance with a direction

626. Minister may take action if there is noncompliance with a direction

Division 4--Defence of taking reasonable steps to comply with a direction

627. Defence of taking reasonable steps to comply with a direction

PART 6.3--DIRECTIONS RELATING TO GREENHOUSE GAS

Division 1--Simplified outline

628. Simplified outline

Division 2--General power to give directions

629. General power to give directions
630. Notification of a direction that has an extended application
631. Compliance with directions

Division 3--Minister may take action if there is noncompliance with a direction

632. Minister may take action if there is noncompliance with a direction

Division 4--Defence of taking reasonable steps to comply with a direction

633. Defence of taking reasonable steps to comply with a direction

PART 6.4--RESTORATION OF THE ENVIRONMENT

Division 1--Petroleum

634. Simplified outline
635. Remedial directions to current holders of permits, leases and licences
636. Remedial directions to former holders of permits, leases, licences and authorities etc.
637. Minister may take action if a direction has not been complied with
638. Removal, disposal or sale of property by Minister—noncompliance with direction

Division 2--Greenhouse gas

639. Simplified outline
640. Remedial directions to current holders of permits, leases and licences
641. Site closing directions to current holders of greenhouse gas injection licences
642. Consultation—directions
643. Remedial directions to former holders of permits, leases, licences and authorities etc.
644. Minister may take action if a direction has not been complied with
645. Removal, disposal or sale of property by Minister—noncompliance with a direction

PART 6.5--OFFENCES AND ENFORCEMENT

Division 1--Petroleum

646. Simplified outline
647. Appointment of petroleum project inspectors
647A. NOPSEMA must issue identity cards to petroleum project inspectors
648. Minister must issue identity cards to petroleum project inspectors
649. Monitoring powers of petroleum project inspectors
650. Entry into residential premises
651. Facilities and assistance to be provided by occupier or person in charge
652. Obstructing or hindering a petroleum project inspector
653. Warrants to enter residential premises
654. Interfering with offshore petroleum installations or operations

Division 2--Greenhouse gas

655. Simplified outline
656. Appointment of greenhouse gas project inspectors
657. Identity cards of greenhouse gas project inspectors
658. Monitoring powers of greenhouse gas project inspectors
659. Entry into residential premises
660. Facilities and assistance to be provided by occupier or person in charge
661. Obstructing or hindering a greenhouse gas project inspector
662. Warrants to enter residential premises
663. Interfering with greenhouse gas installations or operations

PART 6.6--SAFETY ZONES AND THE AREA TO BE AVOIDED

Division 1--Introduction

664. Simplified outline
665. Simplified map of the area to which Schedule 2 applies
666. Definitions
667. Authorised persons

Division 2--Petroleum safety zones

668. Petroleum safety zones
669. Offences in relation to entering or being present in petroleum safety zones

Division 3--Greenhouse gas safety zones

670. Greenhouse gas safety zones
671. Offences in relation to entering or being present in greenhouse gas safety zones

Division 4--Unauthorised vessel not to enter area to be avoided

672. NOPSEMA may authorise entry into area to be avoided
673. Unauthorised vessel not to enter area to be avoided

Division 5--Powers of authorised persons

674. Requirement to move vessel etc.
675. Noncompliance with requirement to move vessel etc.
676. Hindering or obstructing an authorised person
677. Other powers of authorised persons
678. Noncompliance with other requirements in relation to a vessel
679. Boarding of vessel must be facilitated
680. Hindering or obstructing an authorised person
681. Giving false and misleading information
682. Warrants to exercise powers in relation to vessels
683. Exercise of powers in relation to vessels in serious circumstances without a warrant

PART 6.7--COLLECTION OF FEES AND ROYALTIES

Division 1--Fees for petroleum titles

684. Fees for certain exploration permits
685. Fees for petroleum retention leases
686. Fees for petroleum production licences
686A. Fees for boundary-change petroleum exploration permits
687. Fees for infrastructure leases
688. Fees for pipeline licences

Division 2--Fees for greenhouse gas titles

689. Fees for greenhouse gas titles

Division 3--Royalties for petroleum

690. Royalty for petroleum
691. Reduction of royalty for petroleum in certain cases
692. Royalty for petroleum not payable in certain cases
693. Payment of royalty for petroleum

Division 4--Royalties for greenhouse gas injection and storage

694. Liability for, and rate of, royalty for greenhouse gas injection and storage
695. Minister may vary royalty for greenhouse gas injection and storage
696. When royalty for greenhouse gas injection and storage must be paid

Division 5--Late payment and recovery of fees and royalties

697. Late payment penalty
698. Recovery of fee or royalty debts

PART 6.8--OCCUPATIONAL HEALTH AND SAFETY

699. Occupational health and safety
700. Listed OHS laws
701. Regulations relating to occupational health and safety

PART 6.9--NATIONAL OFFSHORE PETROLEUM SAFETY AND ENVIRONMENTAL MANAGEMENT AUTHORITY

Division 1--Introduction

702. Simplified outline
703. Definitions

Division 2--Functions and powers of NOPSEMA

704. NOPSEMA's functions
705. NOPSEMA's ordinary powers
706. Judicial notice of seal
707. Power to refer matters to NOGSAC

Division 3--NOPSEMA Board

708. Functions of the Board
709. Powers of the Board
710. Validity of decisions

Division 4--Chief Executive Officer and staff of NOPSEMA

711. CEO acts for NOPSEMA
712. Working with the Board
713. Delegation
714. Secondments to NOPSEMA

Division 5--Other NOPSEMA provisions

715. Minister may require NOPSEMA to prepare reports or give information
716. Directions to NOPSEMA
717. NOPSEMA must comply with directions
718. Liability for acts and omissions—OHS
718A. Liability for acts and omissions—Structural integrity law, petroleum safety zones and the area to be avoided

PART 6.10--USING AND SHARING OFFSHORE INFORMATION AND THINGS

Division 1--Introduction

718B. Simplified outline
718C. Definitions
718D. Scope of Part

Division 2--Minister's use of offshore information and things

718E. Purposes for which Minister may use offshore information or things

Division 3--NOPSEMA's use of offshore information and things

718F. Purposes for which NOPSEMA may use offshore information or things

Division 4--Sharing offshore information or things

718G. Sharing offshore information or things for the purposes of this Act
718H. Minister may share offshore information or things with other entities
718HA. Minister to make information available to Commonwealth Minister
718I. Personal information

PART 7.1--DATA MANAGEMENT AND GATHERING OF INFORMATION

Division 1--Introduction

719. Simplified outline

Division 2--Data management

720. Direction to keep records
721. Regulations about data management

Division 3--Information‑gathering powers

722. Minister or petroleum project inspector may obtain information and documents
723. Copying documents—reasonable compensation
724. Power to examine on oath or affirmation
725. Self‑incrimination
726. Copies of documents
727. Minister or petroleum project inspector may retain documents
728. False or misleading information
729. False or misleading documents
730. False or misleading evidence

PART 7.2--RELEASE OF REGULATORY INFORMATION

731. Notifiable events—Government Gazette notice

PART 7.3--RELEASE OF TECHNICAL INFORMATION

Division 1--Introduction

732. Simplified outline
733. Definitions

Division 2--Protection of confidentiality of information and samples

734. Protection of confidentiality of documentary information obtained by the Minister
735. Protection of confidentiality of petroleum mining samples obtained by the Minister
736. Minister may make information or samples available to other Ministers
737. Protection of confidentiality of information obtained by a Victorian Minister
738. Protection of confidentiality of petroleum mining samples obtained by a Victorian Minister
739. Fees
740. Review by Minister
741. Privacy and Data Protection Act 2014

PART 8.1--DATA MANAGEMENT AND GATHERING OF INFORMATION

Division 1--Introduction

742. Simplified outline

Division 2--Data management

743. Direction to keep records
744. Regulations about data management

Division 3--Information‑gathering powers

745. Minister or greenhouse gas project inspector may obtain information and documents
746. Copying documents—reasonable compensation
747. Power to examine on oath or affirmation
748. Self‑incrimination
749. Copies of documents
750. Minister or greenhouse gas project inspector may retain documents
751. False or misleading information
752. False or misleading documents
753. False or misleading evidence

PART 8.2--RELEASE OF REGULATORY INFORMATION

754. Notifiable events—Government Gazette notice

PART 8.3--RELEASE OF TECHNICAL INFORMATION

Division 1--Introduction

755. Simplified outline
756. Definitions
757. Documents and samples given to the Minister

Division 2--Protection of confidentiality of information and samples

758. Protection of confidentiality of documentary information obtained by the Minister
759. Protection of confidentiality of eligible samples obtained by the Minister
760. Minister may make information or samples available to another Minister, a Minister of a State, the Northern Territory or the Commonwealth
761. Fees
762. Privacy and Data Protection Act 2014

PART 9.1--RECONSIDERATION AND REVIEW OF DECISIONS

763. Simplified outline
764. Definitions
765. Reconsideration of reviewable delegated decision
766. Review of reviewable Ministerial decision

PART 9.2--EXPERT ADVISORY COMMITTEES

767. Establishment of expert advisory committees
768. Function of expert advisory committees
769. Appointment of expert advisory committee members etc.
770. Procedures of expert advisory committees
771. Remuneration and allowances
772. Leave of absence
773. Resignation
774. Disclosure of interests to the Minister
775. Disclosure of interests to an expert advisory committee
776. Other terms and conditions
777. Protection of information

PART 9.3--INFORMATION RELEVANT TO THE MAKING OF DESIGNATED AGREEMENTS

Division 1--Information‑gathering powers

778. Minister may obtain information and documents
779. Copying documents—reasonable compensation
780. Self‑incrimination
781. Copies of documents
782. Minister may retain documents
783. False or misleading information
784. False or misleading documents

Division 2--Protection of information etc.

785. Protection of information
786. Disclosure of information to titleholder etc.

PART 9.4--LIABILITY FOR ACTS AND OMISSIONS

787. Liability for acts and omissions

PART 9.5--SERVICE OF DOCUMENTS

788. Service of documents
789. Service of documents on Minister
790. Service of documents on 2 or more registered holders of a petroleum title
791. Service of documents on 2 or more registered holders of a greenhouse gas title

PART 9.6--DELEGATION BY MINISTER

792. Delegation by Minister

PART 9.7--PUBLIC INTEREST

793. Public interest

PART 9.8--REGULATIONS

794. Regulations
795. Unconditional or conditional prohibition
796. Regulations not limited by conditions provisions
797. Offences under regulations

PART 9.9--TRANSITIONAL PROVISIONS

798. Transitional provisions
798A. Transitional provisions—2012 amendments
798B. Transitional provisions—section 403
798C. Transitional provisions—section 642
798D. Validation—NOPSEMA inspectors

PART 9.10--REPEAL AND AMENDMENTS TO OTHER ACTS

799. Repeal
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
ENDNOTES

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