Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Petroleum Legislation Amendment Bill 2023
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Petroleum and Geothermal
Energy Resources Act 1967
amended
Division 1 -- Preliminary
3. Act amended 3
Division 2 -- General amendments
4. Section 5 amended 3
5. Section 11A amended 9
6. Section 15 amended 9
7. Section 31 amended 9
8. Section 32 amended 10
9. Section 33 amended 10
10. Section 35 amended 11
11. Section 37 amended 11
12. Section 37A amended 12
13. Section 38 replaced 12
38. Rights conferred by petroleum exploration
permit or geothermal exploration permit 12
14. Section 43B amended 14
15. Section 43C amended 14
16. Section 43D amended 15
17. Section 44 amended 17
18. Section 46 amended 18
19. Section 47 amended 18
20. Section 48A amended 19
142--1 page i
Petroleum Legislation Amendment Bill 2023
Contents
21. Section 48B amended 19
22. Section 48CA amended 19
23. Section 48CB amended 20
24. Section 48C amended 20
25. Section 51 amended 22
26. Section 53 amended 23
27. Section 54 amended 23
28. Section 57 amended 23
29. Section 59 amended 23
30. Section 60 amended 24
31. Section 61 amended 24
32. Section 62 replaced 25
62. Rights conferred by licence 25
33. Section 67 amended 27
34. Section 70 amended 28
35. Section 72 amended 28
36. Section 75 amended 30
37. Section 75A amended 32
38. Section 76 amended 32
39. Part III Division 4A inserted 33
Division 4A -- Polluter pays
86A. Escape of petroleum or regulated
substance: titleholder's duty 33
86B. Escape of petroleum or regulated
substance: reimbursement of State 35
40. Section 89 amended 36
41. Section 90 amended 36
42. Section 91 amended 36
43. Section 91B amended 37
44. Section 91C inserted 37
91C. Provisions relating to approvals granted in
relation to regulated substances 37
45. Section 92 amended 38
46. Section 101 amended 39
47. Section 105 amended 39
48. Section 106 amended 40
49. Section 109 amended 42
50. Section 113 amended 42
51. Section 115 amended 42
52. Section 116A amended 42
53. Section 116 amended 42
page ii
Petroleum Legislation Amendment Bill 2023
Contents
54. Section 119 amended 43
55. Section 126A amended 43
56. Section 127 amended 43
57. Section 134A amended 46
58. Section 142 amended 46
59. Section 144 amended 46
60. Section 147 replaced 47
147. Ascertainment of quantity of petroleum,
regulated substance or geothermal energy
recovered 47
61. Section 150A amended 48
62. Part IV Division 1 heading inserted 48
Division 1 -- General
63. Part IV Division 2 heading inserted 49
Division 2 -- Regulations and forms
64. Section 152A inserted 49
152A. Approved forms 49
65. Section 153 amended 49
66. Section 154 amended 50
67. Schedule 2 Division 2 inserted 52
Division 2 -- Provisions for Petroleum Legislation
Amendment Act 2023
4. Storage of petroleum underground 52
5. Royalty condition included in petroleum
title 53
68. Various references to "petroleum pool" amended 54
69. Various references to "petroleum" amended 55
70. Various modernisations 63
Division 3 -- Amendments relating to
greenhouse gas storage and transport
71. Long title replaced 79
72. Section 1 amended 79
73. Section 5 amended 79
74. Sections 6B to 6E inserted 89
6B. Potential GHG storage formation 89
6C. Eligible GHG storage formation and
related terms 89
6D. Incidental greenhouse gas-related
substance 92
6E. Greenhouse gas substance or GHG 93
75. Section 9 amended 94
page iii
Petroleum Legislation Amendment Bill 2023
Contents
76. Section 10 replaced 94
10. Reservations in Crown grants and leases 94
77. Section 11 amended 95
78. Section 15 amended 96
79. Section 15A amended 96
80. Section 16 amended 96
81. Section 17 amended 97
82. Section 24 amended 97
83. Part III heading replaced 97
Part 3 -- Operations relating to recovery of
petroleum, regulated substances and
geothermal energy or GHG injection and
storage
84. Section 26 amended 97
85. Section 28 amended 98
86. Section 29 amended 98
87. Section 30 amended 100
88. Section 30A inserted 100
30A. Petroleum or geothermal lessee or
licensee to be notified of proposal to
advertise certain blocks 100
89. Section 31 amended 102
90. Section 32A amended 102
91. Section 32 amended 102
92. Section 33 amended 103
93. Section 35 amended 103
94. Section 38A inserted 104
38A. Rights conferred by GHG exploration
permit 104
95. Section 40 amended 106
96. Section 42A amended 107
97. Section 42C inserted 108
42C. GHG exploration permits cannot be
renewed more than once 108
98. Section 43A amended 108
99. Section 43B amended 109
100. Section 43CA amended 110
101. Section 43C amended 111
102. Section 43DAA inserted 111
43DAA. Rights conferred by GHG drilling
reservation 111
page iv
Petroleum Legislation Amendment Bill 2023
Contents
103. Section 44 replaced 114
44. Certain discoveries in permit area or
drilling reservation area to be notified 114
104. Section 48A amended 114
105. Section 48B amended 116
106. Section 48BA amended 118
107. Sections 48BB to 48BD inserted 118
48BB. Application by petroleum or geothermal
lessee for GHG retention lease 118
48BC. Grant or refusal of GHG retention lease in
relation to application by petroleum or
geothermal lessee 120
48BD. Application of s. 48BB and 48BC if
petroleum or geothermal retention lease is
transferred 122
108. Section 48CA amended 122
109. Section 48CB amended 125
110. Section 48CC amended 128
111. Section 48CAA inserted 129
48CAA. Rights conferred by GHG retention lease 129
112. Section 48E amended 131
113. Section 48F amended 133
114. Section 48G amended 134
115. Section 48GA inserted 137
48GA. GHG retention lease cannot be renewed
more than once 137
116. Section 48H amended 137
117. Section 48J replaced 138
48J. Certain discoveries in lease area to be
notified 138
118. Part III Division 3 heading amended 139
119. Section 49 amended 139
120. Section 49A inserted 139
49A. GHG injection operations in State 139
121. Section 50 amended 140
122. Section 50AA inserted 141
50AA. Application by GHG permittee or holder of
GHG drilling reservation for GHG injection
licence 141
123. Section 50A amended 143
124. Section 50B inserted 145
50B. Application by petroleum or geothermal
licensee for GHG injection licence 145
125. Section 51 amended 146
page v
Petroleum Legislation Amendment Bill 2023
Contents
126. Section 53 amended 147
127. Section 54 amended 148
128. Section 54AA inserted 149
54AA. Certain discoveries in licence area to be
notified 149
129. Section 54A amended 150
130. Section 55 amended 151
131. Section 56 amended 152
132. Section 59 amended 155
133. Section 61 amended 155
134. Section 62 amended 155
135. Section 63 amended 158
136. Section 64A amended 159
137. Section 64 amended 160
138. Section 65 amended 160
139. Section 66 amended 160
140. Part III Division 3A heading amended 161
141. Section 69A amended 161
142. Part III Division 3B inserted 164
Division 3B -- Matters relating to GHG injection and
storage
Subdivision 1 -- Declaration of identified GHG
storage formation
69B. Application for declaration of identified
GHG storage formation 164
69C. Requirement for further information or
further analysis 165
69D. Variation of application 166
69E. Declaration of identified GHG storage
formation 166
69F. Refusal to make declaration 167
69G. Variation of declaration 168
69H. Revocation of declaration 169
Subdivision 2 -- Approved site plans
69HA. Approved site plans 170
Subdivision 3 -- Serious situations
69HB. When serious situation exists 172
69HC. Reporting of serious situations 172
69HD. Minister may give directions 173
Subdivision 4 -- Site closing certificates
69HE. Application for site closing certificate 175
69HF. Application for site closing certificate
required if operations have ceased 175
page vi
Petroleum Legislation Amendment Bill 2023
Contents
69HG. Application for site closing certificate may
be directed if ground for terminating or
cancelling GHG injection licence exists 176
69HH. Application for site closing certificate may
be directed if GHG injection licence tied to
ceased petroleum lease or licence 176
69HI. Requirements for application for site
closing certificate 178
69HJ. Variation of application for site closing
certificate 180
69HK. Time for decision on application for site
closing certificate 180
69HL. Pre-certificate notice 181
69HM. Refusal of pre-certificate notice 183
69HN. Notice of refusal to give pre-certificate
notice 184
69HO. Content of pre-certificate notice 184
69HP. Issue of site closing certificate 185
69HQ. Transferee of GHG injection licence
treated as applicant 186
69HR. Duration of site closing certificate 186
69HS. Transfer of site closing certificate 186
69HT. Transfer of securities 187
69HU. Discharge of securities 187
69HV. Recovery of State's costs and expenses 187
Subdivision 5 -- Long-term liabilities in respect of
GHG storage
69HW. Closure assurance period 188
69HX. Indemnity against long-term liability 189
69HY. State to assume long-term liability if
licensee has ceased to exist 190
143. Section 70 amended 191
144. Section 72 amended 191
145. Section 75 amended 192
146. Section 76 amended 193
147. Section 85 amended 193
148. Section 90 amended 193
149. Section 91 amended 194
150. Section 91A amended 198
151. Section 95 amended 199
152. Section 105 amended 200
153. Section 106 amended 201
154. Section 109 amended 206
155. Section 116 amended 206
page vii
Petroleum Legislation Amendment Bill 2023
Contents
156. Section 117 amended 206
157. Section 117A amended 207
158. Section 119 amended 207
159. Section 123 amended 208
160. Section 126A amended 208
161. Section 127A amended 208
162. Section 134A amended 208
163. Section 136 amended 209
164. Section 142 amended 209
165. Section 144 amended 210
166. Section 145 amended 210
167. Section 146 amended 211
168. Section 147 amended 211
169. Section 148 amended 212
170. Section 149 amended 212
171. Section 150A amended 212
172. Section 152 amended 213
173. Section 153 amended 214
174. Schedule 2 clause 4 amended 215
175. Schedule 2 clause 6 inserted 216
6. Further provisions about royalty conditions 216
Part 3 -- Petroleum Pipelines
Act 1969 amended
Division 1 -- Preliminary
176. Act amended 217
Division 2 -- General amendments
177. Section 4 amended 217
178. Section 8 amended 219
179. Section 12 amended 219
180. Section 15 amended 220
181. Section 16 amended 220
182. Section 17 amended 221
183. Section 21 amended 222
184. Section 44 amended 222
185. Section 47 amended 224
186. Section 48 amended 226
page viii
Petroleum Legislation Amendment Bill 2023
Contents
187. Part 4A inserted 226
Part 4A -- Polluter pays
56A. Escape of petroleum: titleholder's duty 226
56B. Escape of petroleum: reimbursement of
State 228
188. Part V Division 1 heading inserted 228
Division 1 -- General
189. Section 60 amended 229
190. Part V Division 2 heading inserted 229
Division 2 -- Inspectors and protection from liability
191. Part V Division 3 heading inserted 229
Division 3 -- Offences and proceedings
192. Section 66BB amended 229
193. Part V Division 4 heading inserted 230
Division 4 -- Forms and regulations
194. Section 66F inserted 230
66F. Approved forms 230
195. Section 67 amended 230
196. Part 6 inserted 231
Part 6 -- Transitional provisions
68. Transitional regulations 231
197. Various modernisations 233
Division 3 -- Amendments relating to
greenhouse gas storage and transport
198. Long title amended 235
199. Section 1 amended 235
200. Section 4 amended 235
201. Section 5A inserted 240
5A. Terminal point 240
202. Section 8 amended 241
203. Section 12 amended 241
204. Section 21 amended 241
205. Section 37A amended 242
206. Section 41 amended 242
207. Section 47 amended 242
208. Section 64 amended 243
209. Section 67 amended 243
page ix
Petroleum Legislation Amendment Bill 2023
Contents
Part 4 -- Petroleum (Submerged
Lands) Act 1982 amended
Division 1 -- Preliminary
210. Act amended 244
Division 2 -- General amendments
211. Section 4 amended 244
212. Section 4A deleted 249
213. Section 15 amended 249
214. Part III heading replaced 249
Part 3 -- Mining for petroleum or regulated
substances
215. Section 19 amended 250
216. Section 21 amended 250
217. Section 22 amended 250
218. Section 23 amended 251
219. Section 25 amended 251
220. Section 27 amended 251
221. Section 28 replaced 252
28. Rights conferred by permit 252
222. Section 38A amended 253
223. Section 38B amended 253
224. Section 38CA amended 254
225. Section 38CB amended 254
226. Section 38C replaced 254
38C. Rights conferred by lease 254
227. Section 41 amended 255
228. Section 43 amended 256
229. Section 44 amended 256
230. Section 47 amended 256
231. Section 49 amended 257
232. Section 50 amended 257
233. Section 51 amended 257
234. Section 52 replaced 258
52. Rights conferred by licence 258
235. Section 70 amended 259
236. Part 3 Division 4AA inserted 260
Division 4AA -- Polluter pays
74A. Escape of petroleum or regulated
substance: titleholder's duty 260
page x
Petroleum Legislation Amendment Bill 2023
Contents
74B. Escape of petroleum or regulated
substance: reimbursement of State 262
237. Section 78 amended 262
238. Section 81 amended 264
239. Section 81A amended 266
240. Section 82 amended 267
241. Section 97A amended 267
242. Section 97B inserted 267
97B. Provisions relating to approvals granted in
relation to regulated substances 267
243. Section 111 amended 269
244. Section 112 amended 270
245. Section 122 amended 271
246. Section 123A amended 271
247. Section 137A amended 271
248. Section 138 amended 271
249. Section 142 amended 273
250. Section 145 amended 273
251. Section 148 replaced 273
148. Ascertainment of quantity of petroleum or
regulated substance recovered 273
252. Section 152A amended 275
253. Part IV Division 1 heading inserted 275
Division 1 -- General
254. Section 152I amended 275
255. Part IV Division 2 heading inserted 276
Division 2 -- Forms and regulations
256. Section 152J inserted 276
152J. Approved forms 276
257. Section 152 amended 276
258. Section 153 amended 277
259. Various references to "petroleum pool" amended 279
260. Various references to "petroleum" amended 280
261. Various modernisations 287
Division 3 -- Amendments relating to
greenhouse gas storage and transport
262. Long title replaced 298
263. Section 1 amended 298
264. Section 4 amended 298
265. Section 4A to 4D inserted 307
4A. Potential GHG storage formation 307
page xi
Petroleum Legislation Amendment Bill 2023
Contents
4B. Eligible GHG storage formation and
related terms 307
4C. Incidental greenhouse gas-related
substance 310
4D. Greenhouse gas substance or GHG 311
266. Section 6A amended 311
267. Section 6B amended 312
268. Part 3 heading replaced 314
Part 3 -- Operations relating to recovery of
petroleum or regulated substances or
GHG injection, storage and transport
269. Section 18 amended 314
270. Part 3 Division 2 heading amended 314
271. Section 19 amended 315
272. Section 20 amended 316
273. Section 20A inserted 316
20A. Petroleum lessee or licensee to be notified
of proposal to advertise certain blocks 316
274. Section 21 amended 318
275. Section 22A amended 318
276. Section 22 amended 319
277. Section 23 amended 319
278. Section 24 amended 320
279. Section 25 amended 321
280. Section 26 amended 321
281. Section 27 amended 322
282. Section 27A amended 322
283. Section 28 replaced 322
28. Rights conferred by petroleum exploration
permit 322
28A. Rights conferred by GHG exploration
permit 323
284. Section 30 amended 325
285. Section 32A amended 326
286. Section 32C inserted 327
32C. GHG exploration permits cannot be
renewed more than once 327
287. Section 34 replaced 327
34. Certain discoveries in permit area to be
notified 327
288. Part 3 Division 2A heading amended 328
289. Section 38A amended 328
290. Section 38B amended 330
page xii
Petroleum Legislation Amendment Bill 2023
Contents
291. Section 38BA amended 333
292. Sections 38BB, 38BC and 38BD inserted 334
38BB. Application by petroleum lessee for GHG
retention lease 334
38BC. Grant or refusal of GHG retention lease in
relation to application by petroleum lessee 335
38BD. Application of s. 38BB and 38BC if
petroleum retention lease is transferred 337
293. Section 38CA amended 337
294. Section 38CB amended 340
295. Section 38CC amended 344
296. Section 38C replaced 345
38C. Rights conferred by petroleum retention
lease 345
38CAA. Rights conferred by GHG retention lease 346
297. Section 38E amended 348
298. Section 38F amended 350
299. Section 38G amended 351
300. Section 38GA inserted 353
38GA. GHG retention lease cannot be renewed
more than once 353
301. Section 38H amended 354
302. Section 38J replaced 355
38J. Certain discoveries in lease area to be
notified 355
303. Part 3 Division 3 heading amended 355
304. Section 39 amended 355
305. Section 39A inserted 356
39A. GHG injection operations in adjacent area 356
306. Section 40 amended 356
307. Section 40AA inserted 358
40AA. Application by GHG permittee for GHG
injection licence 358
308. Section 40A amended 359
309. Section 40B inserted 361
40B. Application by petroleum licensee for
GHG injection licence 361
310. Section 41 amended 362
311. Section 43 amended 363
312. Section 44 amended 364
313. Section 44A amended 366
314. Section 45 amended 367
315. Section 46 amended 367
page xiii
Petroleum Legislation Amendment Bill 2023
Contents
316. Section 47 amended 370
317. Section 49 amended 372
318. Section 50 amended 373
319. Section 51 amended 373
320. Section 51A amended 374
321. Section 52 replaced 374
52. Rights conferred by licence 374
322. Section 53 amended 378
323. Section 53A inserted 378
53A. Certain discoveries in licence area to be
notified 378
324. Section 54A amended 379
325. Section 54 amended 380
326. Section 55 amended 381
327. Section 56 amended 384
328. Section 60B amended 385
329. Part 3 Division 4 Subdivision 1 heading inserted 385
Subdivision 1 -- General provisions
330. Sections 60L and 60M inserted 385
60L. Pipeline operator under the
Commonwealth Act or corresponding law 385
60M. Specified greenhouse gas pipelines 386
331. Section 63A inserted 387
63A. Terminal point 387
332. Part 3 Division 4 Subdivision 2 heading inserted 387
Subdivision 2 -- Obtaining pipeline licences
333. Sections 64 and 65 replaced 388
64. Application for pipeline licence 388
64A. Request for further information 389
64B. Rights of petroleum licensees following
application for petroleum pipeline licences
by other persons 390
64C. Rights of petroleum licensees following
application for greenhouse gas pipeline
licences by other persons 391
64D. Rights of GHG licensees following
application for greenhouse gas pipeline
licences by other persons 392
64E. Rights of pipeline operator following
application for petroleum pipeline licences
by other persons 393
64F. Rights of pipeline operator following
application for greenhouse gas pipeline
licences by other persons 394
page xiv
Petroleum Legislation Amendment Bill 2023
Contents
64G. Petroleum pipeline licence
offer -- petroleum recovered in petroleum
licence area 395
64H. Petroleum pipeline licence
offer -- petroleum recovered in licence
area under Commonwealth Act or
corresponding law 397
64I. Greenhouse gas pipeline licence offer
relating to petroleum licence area 397
64J. Greenhouse gas pipeline licence
offer -- GHG licence area 399
64K. Greenhouse gas pipeline licence
offer -- greenhouse gas injection area
under Commonwealth Act or
corresponding law 400
64L. Form and content of pipeline licence offer
notice 401
64M. Request for grant of pipeline licence after
offer 401
64N. Refusal to grant petroleum pipeline
licence -- petroleum licence area 402
64O. Refusal to grant greenhouse gas pipeline
licence relating to petroleum licence area 403
64P. Refusal to grant greenhouse gas pipeline
licence relating to GHG licence area 404
64Q. Refusal to grant petroleum pipeline
licence - petroleum production area under
Commonwealth Act or corresponding law 405
64R. Refusal to grant greenhouse gas pipeline
licence - greenhouse gas injection licence
area under Commonwealth Act or
corresponding law 405
64S. Consultation before refusal of application
by petroleum licensee or GHG licensee 406
65. Grant of pipeline licence 406
334. Section 70 amended 407
335. Part 3 Division 4 Subdivision 3 heading inserted 407
Subdivision 3 -- Varying a pipeline licence
336. Part 3 Division 4 Subdivision 4 heading inserted 407
Subdivision 4 -- Operation of pipeline licence
337. Section 73 amended 407
338. Part 3 Divisions 4AAA and 4AAB inserted 408
Division 4AAA -- Petroleum titles and GHG titles
may subsist in respect of same blocks
74AA. Petroleum titles and GHG titles may
subsist in respect of same blocks 408
page xv
Petroleum Legislation Amendment Bill 2023
Contents
Division 4AAB -- Matters relating to GHG injection
and storage
Subdivision 1 -- Declaration of identified GHG
storage formation
74AB. Application for declaration of identified
GHG storage formation 410
74AC. Requirement for further information or
further analysis 411
74AD. Variation of application 412
74AE. Declaration of identified GHG storage
formation 413
74AF. Refusal to make declaration 414
74AG. Variation of declaration 414
74AH. Revocation of declaration 415
Subdivision 2 -- Approved site plans
74AI. Approved site plans 416
Subdivision 3 -- Serious situations
74AJ. When serious situation exists 418
74AK. Reporting of serious situations 419
74AL. Minister may give directions 419
Subdivision 4 -- Site closing certificates
74AM. Application for site closing certificate 421
74AN. Application for site closing certificate
required if operations have ceased 421
74AO. Application for site closing certificate may
be directed if ground for terminating or
cancelling GHG injection licence exists 422
74AP. Application for site closing certificate may
be directed if GHG injection licence tied to
ceased petroleum lease or licence 422
74AQ. Requirements for application for site
closing certificate 424
74AR. Variation of application for site closing
certificate 426
74AS. Time for decision on application for site
closing certificate 427
74AT. Pre-certificate notice 427
74AU. Refusal of pre-certificate notice 429
74AV. Notice of refusal to give pre-certificate
notice 430
74AW. Content of pre-certificate notice 430
74AX. Issue of site closing certificate 431
74AY. Transferee of GHG injection licence
treated as applicant 432
74AZ. Duration of site closing certificate 432
74AZA. Transfer of site closing certificate 432
74AZB. Transfer of securities 433
74AZC. Discharge of securities 433
page xvi
Petroleum Legislation Amendment Bill 2023
Contents
74AZD. Recovery of State's costs and expenses 433
Subdivision 5 -- Long-term liabilities in respect of
GHG storage
74AZE. Closure assurance period 434
74AZF. Indemnity against long-term liability 435
74AZG. State to assume long-term liability if
licensee has ceased to exist 436
339. Section 76 amended 437
340. Section 81 amended 438
341. Section 96 amended 439
342. Section 97 amended 439
343. Section 97A amended 442
344. Section 97B amended 443
345. Section 101 amended 443
346. Section 111 amended 443
347. Section 112 amended 445
348. Section 115 amended 451
349. Section 123 amended 451
350. Section 124 amended 451
351. Section 124B amended 452
352. Section 126 amended 452
353. Section 134 amended 452
354. Section 137A amended 453
355. Section 143 amended 453
356. Section 145 amended 454
357. Section 146 amended 455
358. Section 147 amended 455
359. Section 148 amended 455
360. Section 150 amended 456
361. Section 151 amended 457
362. Section 152A amended 457
363. Section 152C amended 458
364. Section 152D amended 458
365. Section 152F amended 458
366. Section 152G amended 458
367. Section 152I amended 458
368. Section 152 amended 459
369. Schedule 3 Division 2 inserted 461
Division 2 -- Provisions for Petroleum Legislation
Amendment Act 2023
6. Duty to pay royalties 461
page xvii
Petroleum Legislation Amendment Bill 2023
Contents
Part 5 -- Other Acts amended
Division 1 -- Barrow Island Act 2003 amended
370. Act amended 462
371. Section 7 amended 462
372. Section 11 amended 462
373. Section 14 amended 463
Division 2 -- Building Act 2011 amended
374. Act amended 463
375. Section 73 amended 463
Division 3 -- Conservation and Land
Management Act 1984 amended
376. Act amended 464
377. Section 3 amended 465
378. Section 4 amended 465
379. Section 13A amended 466
380. Section 13B amended 467
381. Section 13C amended 469
382. Section 13E amended 472
383. Section 60 amended 473
Division 4 -- Dampier to Bunbury Pipeline
Act 1997 amended
384. Act amended 475
385. Section 34 amended 475
386. Schedule 4 Division 8 heading amended 476
387. Schedule 4 clause 37 amended 476
Division 5 -- Dangerous Goods Safety Act 2004
amended
388. Act amended 476
389. Section 6 amended 476
Division 6 -- Land Administration Act 1997
amended
390. Act amended 477
391. Section 3 amended 477
392. Section 5 amended 478
393. Section 5 replaced 478
5. Act not to apply to registration of certain
rights 478
394. Section 24 amended 479
page xviii
Petroleum Legislation Amendment Bill 2023
Contents
395. Section 24 replaced 479
24. Minerals, petroleum and other substances
and things reserved to Crown 479
396. Section 91 amended 480
397. Section 164 amended 481
398. Section 170 amended 482
399. Section 175 amended 482
400. Section 177 amended 482
401. Section 266 amended 482
Division 7 -- Mining Act 1978 amended
402. Act amended 483
403. Section 8 amended 483
404. Section 8A deleted 483
405. Section 159 amended 484
Division 8 -- Petroleum and Geothermal Energy
Resources (Registration Fees) Act 1967
amended
406. Act amended 484
407. Long title amended 484
408. Section 1 amended 484
409. Section 3 amended 485
410. Section 4 amended 485
Division 9 -- Petroleum and Geothermal Energy
Safety Levies Act 2011 amended
411. Act amended 486
412. Section 21 amended 486
Division 10 -- Petroleum (Submerged Lands)
Registration Fees Act 1982 amended
413. Act amended 487
414. Long title amended 487
415. Section 1 amended 487
416. Section 3 amended 487
417. Section 4 amended 488
Division 11 -- Transfer of Land Act 1893
amended
418. Act amended 488
419. Section 3 amended 488
page xix
Petroleum Legislation Amendment Bill 2023
Contents
Division 12 -- Waterways Conservation Act 1976
amended
420. Act amended 490
421. Section 5 amended 490
Division 13 -- Work Health and Safety Act 2020
amended
422. Act amended 490
423. Part 16 Division 12 Subdivision 2 heading
amended 490
424. Section 424 amended 490
425. Section 425 amended 491
426. Schedule 1 clause 6 amended 491
427. Schedule 1 clause 22 amended 492
Division 14 -- Various Acts amended
428. Various references to Petroleum and Geothermal
Energy Resources Act 1967 amended 492
429. Various references to Petroleum Pipelines
Act 1969 amended 494
430. Various references to Petroleum (Submerged
Lands) Act 1982 amended 495
431. Various references to "Part III" amended 497
page xx
Western Australia
LEGISLATIVE ASSEMBLY
Petroleum Legislation Amendment Bill 2023
A Bill for
An Act to --
• amend the Petroleum and Geothermal Energy Resources Act 1967;
and
• amend the Petroleum Pipelines Act 1969; and
• amend the Petroleum (Submerged Lands) Act 1982; and
• make related and consequential amendments to other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Petroleum Legislation Amendment Bill 2023
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Petroleum Legislation Amendment Act 2023.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
page 2
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Preliminary Division 1
s. 3
1 Part 2 -- Petroleum and Geothermal Energy Resources
2 Act 1967 amended
3 Division 1 -- Preliminary
4 3. Act amended
5 This Part amends the Petroleum and Geothermal Energy
6 Resources Act 1967.
7 Division 2 -- General amendments
8 4. Section 5 amended
9 (1) In section 5(1) delete the definitions of:
10 petroleum
11 petroleum operation
12 petroleum pool
13 (2) In section 5(1) insert in alphabetical order:
14
15 Department means the department of the Public
16 Service principally assisting in the administration of
17 this Act;
18 drilling reservation area means the area constituted by
19 the blocks that are the subject of a drilling reservation;
20 electronic means includes --
21 (a) an electronic database or document system; and
22 (b) any other means by which a document can be
23 accessed electronically;
24 geological formation includes --
25 (a) any seal or reservoir of a geological formation;
26 and
27 (b) any associated geological attributes or features
28 of a geological formation;
page 3
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 4
1 geothermal drilling reservation area means the area
2 constituted by the blocks that are the subject of a
3 geothermal drilling reservation;
4 geothermal exploration operation means an operation
5 to explore for geothermal energy resources, and the
6 carrying on of operations and the execution of works
7 necessary for that purpose;
8 geothermal licence area means the area constituted by
9 the blocks that are the subject of a geothermal
10 production licence;
11 instrument of consent has the meaning given in
12 section 116(1);
13 petroleum --
14 (a) means any of the following --
15 (i) any naturally occurring hydrocarbon,
16 whether in a gaseous, liquid or solid
17 state;
18 (ii) any naturally occurring mixture of
19 hydrocarbons, whether in a gaseous,
20 liquid or solid state;
21 (iii) any naturally occurring mixture of 1 or
22 more hydrocarbons, whether in a
23 gaseous, liquid or solid state, and 1 or
24 more of hydrogen sulphide, nitrogen,
25 helium and carbon dioxide;
26 and
27 (b) includes the following --
28 (i) any petroleum as defined by
29 paragraph (a) that has been returned to a
30 natural reservoir, except oil shale;
31 (ii) any petroleum as defined by
32 paragraph (a) or subparagraph (i) to
page 4
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 4
1 which 1 or more things prescribed by
2 the regulations have been added;
3 petroleum drilling reservation area means the area
4 constituted by the blocks that are the subject of a
5 petroleum drilling reservation;
6 petroleum exploration operation means an operation
7 to explore for petroleum or a regulated substance, and
8 the carrying on of operations and the execution of
9 works necessary for that purpose;
10 petroleum licence area means the area constituted by
11 the blocks that are the subject of a petroleum
12 production licence;
13 petroleum operation --
14 (a) means any of the following --
15 (i) a petroleum exploration operation;
16 (ii) an operation to drill for petroleum or a
17 regulated substance, and the carrying on
18 of operations and the execution of
19 works necessary for that purpose;
20 (iii) an operation to recover petroleum or a
21 regulated substance, and the carrying on
22 of operations and the execution of
23 works necessary for that purpose;
24 (iv) an operation for the mining, obtaining
25 or production of petroleum under the
26 Barrow Island lease as renewed,
27 substituted or varied;
28 (v) the injection of petroleum into a natural
29 underground reservoir;
30 (vi) the injection of carbon dioxide, as
31 defined in the Barrow Island Act 2003
32 section 3, into an underground reservoir
33 or other subsurface formation;
page 5
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 4
1 (vii) any other kind of operation that is
2 prescribed by the regulations to be a
3 petroleum operation;
4 (viii) the care and maintenance of land,
5 waters or infrastructure affected by an
6 operation referred to in
7 subparagraphs (i) to (vii);
8 (ix) the decommissioning of an operation
9 referred to in subparagraphs (i) to (vii);
10 (x) the rehabilitation of the land or waters
11 affected by an operation referred to in
12 subparagraphs (i) to (vii);
13 but
14 (b) does not include an operation of a kind that is
15 prescribed by the regulations not to be a
16 petroleum operation;
17 regulated substance means a naturally occurring
18 substance that --
19 (a) occurs in a natural geological formation; and
20 (b) is prescribed by the regulations;
21 report means a report, return or other document in
22 connection with, or in connection with operations
23 under, any of the following --
24 (a) an access authority or special prospecting
25 authority;
26 (b) an authorisation referred to in section 67(2);
27 (c) a drilling reservation;
28 (d) an instrument of consent;
29 (e) a lease;
30 (f) a licence;
31 (g) a permit;
page 6
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 4
1 resources pool means a naturally occurring discrete
2 accumulation of petroleum or a regulated substance;
3
4 (3) In section 5(1) in the definition of geothermal drilling
5 reservation delete "referred to in section 43D(2);" and insert:
6
7 under Part 3;
8
9 (4) In section 5(1) in the definition of geothermal energy
10 operation:
11 (a) delete "means --" and insert:
12
13 means any of the following --
14
15 (b) delete paragraph (a) and insert:
16
17 (a) a geothermal exploration operation;
18
19 (c) in paragraph (d) delete "definition," and insert:
20
21 definition;
22
23 (d) after paragraph (d) insert:
24
25 (e) the care and maintenance of land, waters or
26 infrastructure affected by an operation referred
27 to in paragraphs (a) to (d);
28 (f) the decommissioning of an operation referred
29 to in paragraphs (a) to (d);
page 7
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 4
1 (g) the rehabilitation of the land or waters affected
2 by an operation referred to in paragraphs (a)
3 to (d),
4
5 (5) In section 5(1) in the definition of geothermal exploration
6 permit delete "permit that confers the authority referred to in
7 section 38(2);" and insert:
8
9 geothermal exploration permit under Part 3;
10
11 (6) In section 5(1) in the definition of operator:
12 (a) in paragraphs (f) and (g) delete "energy resources";
13 (b) delete paragraph (h) and insert:
14
15 (h) in relation to the injection of petroleum into a
16 natural underground reservoir, means the
17 person who has an authorisation referred to in
18 section 67(2) in respect of that injection;
19
20 (c) in paragraphs (j) and (k) delete "such a" and insert:
21
22 the
23
24 (7) In section 5(1) in the definition of petroleum drilling
25 reservation delete "referred to in section 43D(1);" and insert:
26
27 under Part 3;
28
page 8
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 5
1 (8) In section 5(1) in the definition of petroleum exploration permit
2 delete "permit that confers the authority referred to in
3 section 38(1);" and insert:
4
5 petroleum exploration permit under Part 3;
6
7 5. Section 11A amended
8 In section 11A(1) and (2) delete "reservation," (2nd occurrence)
9 and insert:
10
11 reservation area,
12
13 6. Section 15 amended
14 In section 15 delete "reservation," (2nd occurrence) and insert:
15
16 reservation area,
17
18 7. Section 31 amended
19 After section 31(1)(d) insert:
20
21 (da) in the case of an application for the grant of a
22 petroleum exploration permit -- may include
23 an application for an approval for the purposes
24 of section 38(3)(a); and
25
page 9
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 8
1 8. Section 32 amended
2 (1) After section 32(2)(a) insert:
3
4 (aa) if the permit application included an application
5 for an approval for the purposes of
6 section 38(3)(a) -- a statement as to whether
7 the approval will be granted with the petroleum
8 exploration permit; and
9
10 (2) After section 32(4) insert:
11
12 (4A) If applicable, a petroleum exploration permit must
13 include the approval granted for the purposes of
14 section 38(3)(a).
15
16 9. Section 33 amended
17 (1) In section 33(2):
18 (a) delete "If --" and insert:
19
20 Subsection (3) applies if --
21
22 (b) in paragraph (d) delete "licence," and insert:
23
24 licence.
25
26 (c) delete the passage that begins with "the Minister" and
27 ends with "made.".
28 (2) After section 33(2) insert:
29
30 (3) The Minister may, at any subsequent time and by
31 instrument published in the Gazette, invite applications
page 10
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 10
1 for the grant of a geothermal exploration permit in
2 respect of that block or such of those blocks as are
3 specified in the instrument and specify a period within
4 which applications may be made.
5
6 (3) After section 33(4)(d) insert:
7
8 (da) in the case of an application for the grant of a
9 petroleum exploration permit -- may include
10 an application for an approval for the purposes
11 of section 38(3)(a); and
12
13 10. Section 35 amended
14 (1) In section 35(1) and (2) delete "(2)," and insert:
15
16 (3),
17
18 (2) After section 35(5)(a) insert:
19
20 (aa) if the application included an application for an
21 approval for the purposes of section 38(3)(a) --
22 a statement as to whether the approval will be
23 granted with the petroleum exploration permit;
24 and
25
26 11. Section 37 amended
27 (1) In section 37 delete "Where" and insert:
28
29 (1) Where
30
page 11
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 12
1 (2) At the end of section 37 insert:
2
3 (2) If applicable, a petroleum exploration permit must
4 include the approval granted for the purposes of
5 section 38(3)(a).
6
7 12. Section 37A amended
8 (1) Delete section 37A(2)(a).
9 (2) After section 37A(4)(c) insert:
10
11 (ca) if the original permit included an approval for
12 the purposes of section 38(3)(a) or an approval
13 had been granted in relation to the original
14 permit for the purposes of section 38(3)(b) --
15 must include an approval corresponding as
16 nearly as may be to the previously granted
17 approval; and
18
19 13. Section 38 replaced
20 Delete section 38 and insert:
21
22 38. Rights conferred by petroleum exploration permit
23 or geothermal exploration permit
24 (1) Except as provided in subsection (3), a petroleum
25 exploration permit, while it remains in force, authorises
26 the petroleum permittee, subject to this Act and in
27 accordance with the conditions to which the petroleum
28 exploration permit is subject --
29 (a) to explore for petroleum or a regulated
30 substance in the petroleum permit area; and
page 12
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 13
1 (b) to recover petroleum or a regulated substance in
2 the petroleum permit area for the purpose of
3 establishing the nature and probable extent of a
4 discovery of petroleum or a regulated
5 substance; and
6 (c) to carry on any operations and execute any
7 works in the petroleum permit area that are
8 necessary for those purposes.
9 (2) A petroleum exploration permit does not authorise the
10 petroleum permittee to make a well outside the
11 petroleum permit area.
12 Note for this subsection:
13 The petroleum permittee may be able to make a well
14 outside the petroleum permit area under another authority,
15 for example, a petroleum access authority.
16 (3) A petroleum exploration permit does not authorise the
17 petroleum permittee to do the things referred to in
18 subsection (1)(a) to (c) in relation to a regulated
19 substance unless --
20 (a) the petroleum exploration permit includes an
21 approval granted by the Minister extending the
22 permit to cover the regulated substance; or
23 (b) the petroleum permittee applies to the Minister
24 in writing for such an approval and the Minister
25 grants the approval by instrument in writing.
26 (4) A geothermal exploration permit, while it remains in
27 force, authorises the geothermal permittee, subject to
28 this Act and in accordance with the conditions to which
29 the geothermal exploration permit is subject --
30 (a) to explore for geothermal energy resources in
31 the geothermal permit area; and
page 13
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 14
1 (b) to recover geothermal energy in the geothermal
2 permit area for the purpose of establishing the
3 nature and probable extent of a discovery of
4 geothermal energy resources; and
5 (c) to carry on any operations and execute any
6 works in the geothermal permit area that are
7 necessary for those purposes.
8 (5) A geothermal exploration permit does not authorise the
9 geothermal permittee to make a well outside the
10 geothermal permit area.
11 Note for this subsection:
12 The geothermal permittee may be able to make a well
13 outside the geothermal permit area under another authority,
14 for example, a geothermal access authority.
15
16 14. Section 43B amended
17 After section 43B(1)(d) insert:
18
19 (da) in the case of an application for the grant of a
20 petroleum drilling reservation -- may include
21 an application for an approval for the purposes
22 of section 43D(1B)(a); and
23
24 15. Section 43C amended
25 (1) After section 43C(2)(a) insert:
26
27 (aa) if the application included an application for an
28 approval for the purposes of
29 section 43D(1B)(a) -- a statement as to
page 14
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 16
1 whether the approval will be granted with the
2 petroleum drilling reservation; and
3
4 (2) After section 43C(4) insert:
5
6 (4A) If applicable, a petroleum drilling reservation must
7 include the approval granted for the purposes of
8 section 43D(1B)(a).
9
10 16. Section 43D amended
11 (1) Delete section 43D(1) and insert:
12
13 (1) Except as provided in subsection (1B), a petroleum
14 drilling reservation, while it remains in force,
15 authorises the holder of the petroleum drilling
16 reservation, subject to this Act and in accordance with
17 the conditions to which the petroleum drilling
18 reservation is subject --
19 (a) to drill for petroleum or a regulated substance
20 in the petroleum drilling reservation area; and
21 (b) to recover petroleum or a regulated substance in
22 the petroleum drilling reservation area for the
23 purpose of establishing the nature and probable
24 extent of a discovery of petroleum or a
25 regulated substance; and
26 (c) to carry on any operations and execute any
27 works in the petroleum drilling reservation area
28 that are necessary for those purposes.
page 15
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 16
1 (1A) A petroleum drilling reservation does not authorise the
2 holder of the petroleum drilling reservation to make a
3 well outside the petroleum drilling reservation area.
4 Note for this subsection:
5 The holder of the petroleum drilling reservation may be able
6 to make a well outside the petroleum drilling reservation
7 area under another authority, for example, a petroleum
8 access authority.
9 (1B) A petroleum drilling reservation does not authorise the
10 holder of the petroleum drilling reservation to do the
11 things referred to in subsection (1)(a) to (c) in relation
12 to a regulated substance unless --
13 (a) the petroleum drilling reservation includes an
14 approval granted by the Minister extending the
15 drilling reservation to cover the regulated
16 substance; or
17 (b) the holder of the petroleum drilling reservation
18 applies to the Minister in writing for such an
19 approval and the Minister grants the approval
20 by instrument in writing.
21
22 (2) In section 43D(2) before "drilling" (2nd, 3rd, 4th, 5th and 6th
23 occurrences) insert:
24
25 geothermal
26
27 (3) After section 43D(2) insert:
28
29 (3) A geothermal drilling reservation does not authorise
30 the holder of the geothermal drilling reservation to
page 16
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 17
1 make a well outside the geothermal drilling reservation
2 area.
3 Note for this subsection:
4 The holder of the geothermal drilling reservation may be
5 able to make a well outside the geothermal drilling
6 reservation area under another authority, for example, a
7 geothermal access authority.
8
9 Note: The heading to amended section 43D is to read:
10 Rights conferred by petroleum drilling reservation or geothermal
11 drilling reservation
12 17. Section 44 amended
13 (1) In section 44(1) and (1a) delete "reservation," (1st occurrence)
14 and insert:
15
16 reservation area,
17
18 (2) In section 44(1b):
19 (a) in paragraph (a) delete "reservation; or" and insert:
20
21 reservation area; or
22
23 (b) in paragraph (b) delete "reservation," and insert:
24
25 reservation area,
26
page 17
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 18
1 18. Section 46 amended
2 (1) In section 46(1) and (1a):
3 (a) delete "reservation," (1st occurrence) and insert:
4
5 reservation area,
6
7 (b) delete "reservation)" and insert:
8
9 reservation area)
10
11 (2) In section 46(2) and (2a) delete "reservation," (1st occurrence)
12 and insert:
13
14 reservation area,
15
16 (3) In section 46(5) delete "reservation," (2nd occurrence) and
17 insert:
18
19 reservation area,
20
21 19. Section 47 amended
22 In section 47(4)(a) and (4a)(a) delete "reservation," and insert:
23
24 reservation area,
25
page 18
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 20
1 20. Section 48A amended
2 After section 48A(2)(c) insert:
3
4 (ca) in the case of an application under
5 subsection (1), may include an application for
6 an approval for the purposes of
7 section 48C(1B)(a); and
8
9 21. Section 48B amended
10 (1) After section 48B(3)(a) insert:
11
12 (aa) if the instrument is under subsection (1) and the
13 application included an application for an
14 approval for the purposes of
15 section 48C(1B)(a) -- a statement as to
16 whether the approval will be granted with the
17 petroleum retention lease; and
18
19 (2) After section 48B(5) insert:
20
21 (5A) If applicable, a petroleum retention lease must include
22 the approval granted for the purposes of
23 section 48C(1B)(a).
24
25 22. Section 48CA amended
26 After section 48CA(4) insert:
27
28 (4A) An application under subsection (1) may include an
29 application for an approval for the purposes of
30 section 48C(1B)(a).
31
page 19
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 23
1 23. Section 48CB amended
2 (1) After section 48CB(4)(a) insert:
3
4 (aa) if the notice is under subsection (1) and the
5 application included an application for an
6 approval for the purposes of
7 section 48C(1B)(a) -- a statement as to
8 whether the approval will be granted with the
9 petroleum retention lease; and
10
11 (2) After section 48CB(7) insert:
12
13 (7A) If applicable, a petroleum retention lease must include
14 the approval granted for the purposes of
15 section 48C(1B)(a).
16
17 24. Section 48C amended
18 (1) Delete section 48C(1) and insert:
19
20 (1) Except as provided in subsection (1B), a petroleum
21 retention lease, while it remains in force, authorises the
22 petroleum lessee, subject to this Act and in accordance
23 with the conditions to which the petroleum retention
24 lease is subject --
25 (a) to explore for petroleum or a regulated
26 substance in the petroleum lease area; and
27 (b) to recover petroleum or a regulated substance in
28 the petroleum lease area for the purpose of
29 establishing the nature and probable extent of a
30 discovery of petroleum or a regulated
31 substance; and
page 20
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 24
1 (c) to carry on any operations and execute any
2 works in the petroleum lease area that are
3 necessary for those purposes.
4 (1A) A petroleum retention lease does not authorise the
5 petroleum lessee to make a well outside the petroleum
6 lease area.
7 Note for this subsection:
8 The petroleum lessee may be able to make a well outside
9 the petroleum lease area under another authority, for
10 example, a petroleum access authority.
11 (1B) A petroleum retention lease does not authorise the
12 petroleum lessee to do the things referred to in
13 subsection (1)(a) to (c) in relation to a regulated
14 substance unless --
15 (a) the petroleum retention lease includes an
16 approval granted by the Minister extending the
17 lease to cover the regulated substance; or
18 (b) the petroleum lessee applies to the Minister in
19 writing for such an approval and the Minister
20 grants the approval by instrument in writing.
21
22 (2) In section 48C(2):
23 (a) after "geothermal" (1st occurrence) insert:
24
25 retention
26
27 (b) before "lessee," insert:
28
29 geothermal
30
page 21
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 25
1 (c) before "lease" (2nd occurrence) insert:
2
3 geothermal retention
4
5 (d) in paragraphs (a), (b) and (c) before "lease" insert:
6
7 geothermal
8
9 (3) After section 48C(2) insert:
10
11 (3) A geothermal retention lease does not authorise the
12 geothermal lessee to make a well outside the
13 geothermal lease area.
14 Note for this subsection:
15 The geothermal lessee may be able to make a well outside
16 the geothermal lease area under another authority, for
17 example, a geothermal access authority.
18
19 Note: The heading to amended section 48C is to read:
20 Rights conferred by petroleum retention lease or geothermal
21 retention lease
22 25. Section 51 amended
23 After section 51(1)(c) insert:
24
25 (ca) may, in the case of an application for the grant
26 of a petroleum production licence, include an
27 application for an approval for the purposes of
28 section 62(3)(a); and
29
page 22
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 26
1 26. Section 53 amended
2 After section 53(2)(a) insert:
3
4 (aa) in respect of an application for the grant of a
5 petroleum production licence that included an
6 application for an approval for the purposes of
7 section 62(3)(a) -- contain a statement as to
8 whether the approval will be granted with the
9 licence; and
10
11 27. Section 54 amended
12 Before section 54(3) insert:
13
14 (2B) If applicable, a petroleum production licence must
15 include the approval granted for the purposes of
16 section 62(3)(a).
17
18 28. Section 57 amended
19 After section 57(6)(d) insert:
20
21 (da) in the case of an application under
22 subsection (1), may include an application for
23 an approval for the purposes of
24 section 62(3)(a); and
25
26 29. Section 59 amended
27 After section 59(5)(a) insert:
28
29 (aa) in respect of an application for the grant of a
30 petroleum production licence that included an
31 application for an approval for the purposes of
page 23
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 30
1 section 62(3)(a) -- a statement as to whether
2 the approval will be granted with the licence;
3 and
4
5 30. Section 60 amended
6 (1) In section 60 delete "Where" and insert:
7
8 (1) Where
9
10 (2) At the end of section 60 insert:
11
12 (2) If applicable, a petroleum production licence must
13 include the approval granted for the purposes of
14 section 62(3)(a).
15
16 31. Section 61 amended
17 After section 61(5)(c) insert:
18
19 (ca) if the original licence included an approval for
20 the purposes of section 62(3)(a) or an approval
21 had been granted in relation to the original
22 licence for the purposes of section 62(3)(b) --
23 must include an approval corresponding as
24 nearly as may be to the previously granted
25 approval; and
26
page 24
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 32
1 32. Section 62 replaced
2 Delete section 62 and insert:
3
4 62. Rights conferred by licence
5 (1) Except as provided in subsection (3), a petroleum
6 production licence, while it remains in force, authorises
7 the petroleum licensee, subject to this Act and in
8 accordance with the conditions to which the petroleum
9 production licence is subject --
10 (a) to recover petroleum or a regulated
11 substance --
12 (i) in the petroleum licence area; and
13 (ii) from the petroleum licence area in
14 another area to which the petroleum
15 licensee has lawful access for that
16 purpose;
17 and
18 (b) to explore for petroleum or a regulated
19 substance in the petroleum licence area; and
20 (c) to carry on any operations and execute any
21 works in the petroleum licence area that are
22 necessary for those purposes.
23 (2) A petroleum production licence does not authorise the
24 petroleum licensee to make a well outside the
25 petroleum licence area.
26 Note for this subsection:
27 The petroleum licensee may be able to make a well outside
28 the petroleum licence area under another authority, for
29 example, a petroleum access authority.
page 25
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 32
1 (3) A petroleum production licence does not authorise the
2 petroleum licensee to do the things referred to in
3 subsection (1)(a) to (c) in relation to a regulated
4 substance unless --
5 (a) the petroleum production licence includes an
6 approval granted by the Minister extending the
7 licence to cover the regulated substance; or
8 (b) the petroleum licensee applies to the Minister in
9 writing for such an approval and the Minister
10 grants the approval by instrument in writing.
11 (4) A geothermal production licence, while it remains in
12 force, authorises the geothermal licensee, subject to
13 this Act and in accordance with the conditions to which
14 the geothermal production licence is subject --
15 (a) to recover geothermal energy --
16 (i) in the geothermal licence area; and
17 (ii) from the geothermal licence area in
18 another area to which the geothermal
19 licensee has lawful access for that
20 purpose;
21 and
22 (b) to explore for geothermal energy resources in
23 the geothermal licence area; and
24 (c) to carry on any operations and execute any
25 works in the geothermal licence area that are
26 necessary for those purposes.
page 26
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 33
1 (5) A geothermal production licence does not authorise the
2 geothermal licensee to make a well outside the
3 geothermal licence area.
4 Note for this subsection:
5 The geothermal licensee may be able to make a well
6 outside the geothermal licence area under another
7 authority, for example, a geothermal access authority.
8
9 33. Section 67 amended
10 (1) In section 67(1)(a) delete "an agreement made under this
11 section; or" and insert:
12
13 an authorisation referred to in subsection (2); or
14
15 (2) In section 67(1) in the Penalty delete "Penalty:" and insert:
16
17 Penalty for this subsection:
18
19 (3) Delete section 67(2) and (3) and insert:
20
21 (2) The regulations may provide for the grant to a
22 petroleum title holder of an authorisation to inject
23 petroleum into a natural underground reservoir.
24 (3) In subsection (2) --
25 petroleum title holder means the holder of a petroleum
26 exploration permit, petroleum drilling reservation,
27 petroleum retention lease, petroleum production
28 licence or petroleum access authority.
page 27
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 34
1 (4) A person must not inject a regulated substance into a
2 natural underground reservoir.
3 Penalty for this subsection: a fine of $10 000.
4
5 34. Section 70 amended
6 In section 70(2)(b) delete "reservation," (2nd occurrence) and
7 insert:
8
9 reservation area,
10
11 35. Section 72 amended
12 (1) Before section 72(1) insert:
13
14 (1A) In this section --
15 instrument of transfer, in relation to an application for
16 approval of a transfer of a title, means an instrument of
17 transfer in the approved form executed --
18 (a) by the registered holder or, if there are 2 or
19 more registered holders, by each registered
20 holder; and
21 (b) by the transferee or, if there are 2 or more
22 transferees, by each transferee.
23
24 (2) Delete section 72(3) and insert:
25
26 (3) An application for approval of a transfer of a title
27 lodged in hard copy form must be accompanied by --
28 (a) the instrument of transfer; and
29 (b) a copy of the instrument of transfer; and
page 28
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 35
1 (c) for each transferee, if any, who is not a
2 registered holder -- a statement of the technical
3 advice and financial resources available, or that
4 will be available, to the transferee.
5 (3A) An application for approval of a transfer of a title
6 lodged by electronic means must be accompanied
7 by --
8 (a) an electronic copy of the instrument of transfer;
9 and
10 (b) for each transferee, if any, who is not a
11 registered holder -- an electronic copy of a
12 statement of the technical advice and financial
13 resources available, or that will be available, to
14 the transferee.
15 (3B) If subsection (3A) applies, the Minister may at any
16 time require the instrument of transfer to be lodged in
17 hard copy form.
18
19 (3) Delete section 72(9) and insert:
20
21 (9) If the Minister approves the transfer of a title, the
22 Minister must, on payment of the fee provided for by
23 the Petroleum and Geothermal Energy Resources
24 (Registration Fees) Act 1967, enter in the Register a
25 memorandum of the transfer and the name of the
26 transferee or of each transferee.
27
28 (4) Delete section 72(12) and insert:
29
30 (12) If a transfer is registered, the Minister must --
31 (a) retain a copy of the instrument of transfer; and
page 29
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 36
1 (b) make the copy available for inspection in
2 accordance with this Division.
3
4 36. Section 75 amended
5 (1) Delete section 75(4) and (4a) and insert:
6
7 (4) If an application under subsection (3) for approval of a
8 dealing is lodged in hard copy form, the application --
9 (a) must be accompanied by either --
10 (i) the instrument evidencing the dealing
11 and a copy of it; or
12 (ii) if the instrument evidencing the dealing
13 has already been lodged with the
14 Minister in hard copy form for the
15 purposes of another application --
16 2 copies of the instrument;
17 and
18 (b) may be accompanied by an instrument setting
19 out any particulars prescribed for the purposes
20 of an application for approval of a dealing of
21 that kind, and a copy of it.
22 (4A) If an application under subsection (3) for approval of a
23 dealing is lodged by electronic means, the
24 application --
25 (a) must be accompanied by an electronic copy of
26 the instrument evidencing the dealing; and
27 (b) may be accompanied by an electronic copy of
28 an instrument setting out any particulars
29 prescribed for the purposes of an application for
30 approval of a dealing of that kind.
page 30
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 36
1 (4B) If subsection (4A) applies, the Minister --
2 (a) may at any time require to be lodged in hard
3 copy form either --
4 (i) the instrument referred to in
5 subsection (4A)(a); or
6 (ii) if the instrument has already been
7 lodged with the Minister in hard copy
8 form for the purposes of another
9 application -- a copy of the instrument;
10 and
11 (b) may at any time require to be lodged in hard
12 copy form any instrument that accompanied the
13 application under subsection (4A)(b).
14
15 (2) Delete section 75(8).
16 (3) Delete section 75(12) and insert:
17
18 (12) If the Minister approves a dealing, the Minister must,
19 on payment of the fee provided for by the Petroleum
20 and Geothermal Energy Resources (Registration Fees)
21 Act 1967, make an entry of the approval of the dealing
22 in the Register.
23
24 (4) In section 75(13):
25 (a) in paragraph (a) delete "subsection (4)(b), one copy of
26 the instrument evidencing the dealing endorsed with a
27 memorandum of approval shall" and insert:
28
29 subsection (4)(b) or (4A)(b) (as the case may be), 1 copy
30 of the instrument evidencing the dealing must
31
page 31
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 37
1 (b) in paragraph (b) delete "subsection (4)(b), a copy of that
2 instrument endorsed with a copy of the memorandum of
3 approval of the dealing shall" and insert:
4
5 subsection (4)(b) or (4A)(b) (as the case may be), a copy
6 of that instrument must
7
8 (c) in paragraph (b) delete "shall" (2nd occurrence) and
9 insert:
10
11 must
12
13 (d) in paragraph (c) delete "endorsed with a memorandum
14 of approval";
15 (e) in paragraph (c) delete "shall" and insert:
16
17 or (4B)(b) must
18
19 37. Section 75A amended
20 In section 75A(2) delete "(7) and (8) applies" and insert:
21
22 (4A), (4B) and (7) apply
23
24 38. Section 76 amended
25 (1) In section 76(1)(c) delete "of the kind referred to in
26 section 75(4)(b)," and insert:
27
28 described in section 75(4)(b), (4A)(b) or (4B)(b),
29
page 32
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 39
1 (2) In section 76(1) in the Penalty delete "Penalty:" and insert:
2
3 Penalty for this subsection:
4
5 39. Part III Division 4A inserted
6 After Part III Division 4 insert:
7
8 Division 4A -- Polluter pays
9 86A. Escape of petroleum or regulated substance:
10 titleholder's duty
11 (1) In this section --
12 interstate Act means --
13 (a) the Commonwealth Act; or
14 (b) an Act of another State or a Territory relating to
15 petroleum or geothermal operations;
16 interstate land or waters means land or waters to
17 which an interstate Act applies;
18 petroleum or geothermal operation means --
19 (a) a petroleum operation; or
20 (b) a geothermal energy operation.
21 (2) This section applies in the event of an escape of
22 petroleum or a regulated substance occurring as a result
23 of, or in connection with, a petroleum or geothermal
24 operation in relation to any of the following titles --
25 (a) a geothermal access authority;
26 (b) a geothermal drilling reservation;
27 (c) a geothermal exploration permit;
28 (d) a geothermal production licence;
29 (e) a geothermal retention lease;
page 33
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 39
1 (f) a geothermal special prospecting authority;
2 (g) any other authority or consent granted by
3 instrument under this Act for the carrying out
4 of geothermal energy operations;
5 (h) a petroleum access authority;
6 (i) a petroleum drilling reservation;
7 (j) a petroleum exploration permit;
8 (k) a petroleum production licence;
9 (l) a petroleum retention lease;
10 (m) a petroleum special prospecting authority;
11 (n) an authorisation referred to in section 67(2);
12 (o) any other authority or consent granted by
13 instrument under this Act for the carrying out
14 of petroleum operations.
15 (3) The registered holder of the title must --
16 (a) do all of the following --
17 (i) as soon as possible after becoming
18 aware of the escape of petroleum or a
19 regulated substance, take all reasonably
20 practicable steps to eliminate or control
21 it;
22 (ii) clean up the escaped petroleum or
23 regulated substance and remediate any
24 resulting damage to the environment;
25 (iii) carry out environmental monitoring of
26 the impact of the escape on the
27 environment and anything done by the
28 registered holder of the title under
29 subparagraph (i) or (ii);
30 and
31 (b) if any of the escaped petroleum or regulated
32 substance has migrated to interstate land or
page 34
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 39
1 waters, on that land or in those waters, as the
2 case may be --
3 (i) clean up the escaped petroleum or
4 regulated substance and remediate any
5 resulting damage to the environment;
6 and
7 (ii) carry out environmental monitoring of
8 the impact of the escape and clean-up
9 on the environment.
10 (4) The registered holder of the title must notify the
11 Minister administering the interstate Act as soon as
12 practicable after doing anything under
13 subsection (3)(b).
14 86B. Escape of petroleum or regulated substance:
15 reimbursement of State
16 (1) This section applies if the Minister considers on
17 reasonable grounds that the registered holder of a title
18 has failed to comply with section 86A(3) in relation to
19 an escape of petroleum or a regulated substance.
20 (2) The Minister may do any or all of the things that the
21 Minister considers, on reasonable grounds, the
22 registered holder of the title has failed to do to comply
23 with section 86A(3).
24 (3) Costs or expenses incurred by the State in doing any
25 thing under subsection (2) are --
26 (a) a debt due to the Crown by the registered
27 holder of the title; and
28 (b) recoverable by the State in a court of competent
29 jurisdiction.
30
page 35
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 40
1 40. Section 89 amended
2 In section 89(2) delete "reservation," (2nd occurrence) and
3 insert:
4
5 reservation area,
6
7 41. Section 90 amended
8 (1) At the end of section 90(1) insert:
9
10 Penalty for this subsection: a fine of $10 000.
11
12 (2) At the end of section 90(3) insert:
13
14 Penalty for this subsection: a fine of $10 000.
15
16 (3) At the end of section 90 delete the Penalty.
17 42. Section 91 amended
18 (1) In section 91(1):
19 (a) in paragraph (b) delete "energy resources";
20 (b) delete "reservation," (2nd occurrence) and insert:
21
22 reservation area,
23
24 (2) In section 91(2)(a), (b), (d)(i) and (e) and (2a)(a), (b), (d)(i)
25 and (e) delete "reservation," and insert:
26
27 reservation area,
28
29 (3) In section 91(3) delete "energy resources".
page 36
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 43
1 43. Section 91B amended
2 In section 91B(2) delete "reservation," (2nd occurrence) and
3 insert:
4
5 reservation area,
6
7 44. Section 91C inserted
8 After section 91B insert:
9
10 91C. Provisions relating to approvals granted in relation
11 to regulated substances
12 (1) In this section --
13 petroleum title means any of the following --
14 (a) a petroleum exploration permit;
15 (b) a petroleum drilling reservation;
16 (c) a petroleum retention lease;
17 (d) a petroleum production licence;
18 (e) a petroleum special prospecting authority;
19 (f) a petroleum access authority.
20 (2) Subsection (3) applies if --
21 (a) on its grant, a petroleum title includes an
22 approval for the purposes of section 38(3)(a),
23 43D(1B)(a), 48C(1B)(a), 62(3)(a),
24 105(4AA)(a) or 106(5AA)(a); or
25 (b) a petroleum title that includes such an approval
26 is renewed.
page 37
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 45
1 (3) The conditions which the Minister may impose on the
2 petroleum title on its grant or renewal (as the case
3 requires) include conditions for purposes related to the
4 approval or to anything that is authorised by virtue of
5 the approval.
6 (4) Subsections (5) to (7) apply if the Minister grants an
7 approval for the purposes of section 38(3)(b),
8 43D(1B)(b), 48C(1B)(b), 62(3)(b), 105(4AA)(b)
9 or 106(5AA)(b) in relation to a petroleum title.
10 (5) When granting the approval, the Minister may also, for
11 purposes related to the approval or to anything that is
12 authorised by virtue of the approval, by instrument in
13 writing, vary the conditions to which the petroleum
14 title is subject (including by imposing new conditions
15 or removing conditions).
16 (6) If the petroleum title is renewed, the conditions which
17 the Minister may impose on the petroleum title on its
18 renewal include conditions for purposes related to the
19 approval or to anything that is authorised by virtue of
20 the approval.
21 (7) Section 70(3)(a) applies to the instrument by which the
22 approval is granted.
23
24 45. Section 92 amended
25 In section 92(1) in the definition of operations area
26 paragraph (a) delete "reservation," (2nd occurrence) and insert:
27
28 reservation area,
29
page 38
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 46
1 46. Section 101 amended
2 In section 101(2)(a) delete "reservation," (1st occurrence) and
3 insert:
4
5 reservation area,
6
7 47. Section 105 amended
8 (1) After section 105(2)(c) insert:
9
10 (ca) if the application is for the grant of a petroleum
11 special prospecting authority -- may include an
12 application for an approval for the purposes of
13 subsection (4AA)(a); and
14
15 (2) After section 105(3) insert:
16
17 (3A) If the Minister grants a petroleum special prospecting
18 authority on an application that included an application
19 for an approval for the purposes of
20 subsection (4AA)(a), the Minister may grant the
21 approval and include it in the petroleum special
22 prospecting authority.
23
24 (3) In section 105(4) delete "A petroleum" and insert:
25
26 Except as provided in subsection (4AA), a petroleum
27
28 (4) After section 105(4) insert:
29
30 (4AA) A petroleum special prospecting authority does not
31 authorise the holder to carry on petroleum exploration
page 39
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 48
1 operations in relation to a regulated substance
2 unless --
3 (a) the petroleum special prospecting authority
4 includes an approval granted by the Minister
5 extending the petroleum special prospecting
6 authority to cover the regulated substance; or
7 (b) the holder applies to the Minister in writing for
8 such an approval and the Minister grants the
9 approval by instrument in writing.
10
11 (5) In section 105(4a) and (6c)(c) delete "energy resources".
12 48. Section 106 amended
13 (1) In section 106(1):
14 (a) delete "reservation," (2nd occurrence) and insert:
15
16 reservation area,
17
18 (b) delete "exploration";
19 (c) delete "reservation," (3rd occurrence) and insert:
20
21 reservation area,
22
23 (2) In section 106(1a) delete "exploration".
24 (3) In section 106(1b):
25 (a) delete "reservation," (2nd occurrence) and insert:
26
27 reservation area,
28
29 (b) delete "resources exploration";
page 40
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 48
1 (c) delete "reservation," (3rd occurrence) and insert:
2
3 reservation area,
4
5 (4) In section 106(1c) delete "resources exploration".
6 (5) After section 106(2)(c) insert:
7
8 (ca) if the application is for the grant of a petroleum
9 access authority -- may include an application
10 for an approval for the purposes of
11 subsection (5AA)(a); and
12
13 (6) After section 106(3) insert:
14
15 (3A) If the Minister grants a petroleum access authority on
16 an application that included an application for an
17 approval for the purposes of subsection (5AA)(a), the
18 Minister may grant the approval and include it in the
19 petroleum access authority.
20
21 (7) In section 106(5) delete "An access" and insert:
22
23 Except as provided in subsection (5AA), an access
24
25 (8) After section 106(5) insert:
26
27 (5AA) A petroleum access authority does not authorise the
28 holder to carry on operations in relation to a regulated
29 substance unless --
30 (a) the petroleum access authority includes an
31 approval granted by the Minister extending the
page 41
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 49
1 petroleum access authority to cover the
2 regulated substance; or
3 (b) the holder applies to the Minister in writing for
4 such an approval and the Minister grants the
5 approval by instrument in writing.
6
7 (9) In section 106(6) and (8)(b) delete "reservation," and insert:
8
9 reservation area,
10
11 49. Section 109 amended
12 In section 109(1) delete "energy resources".
13 50. Section 113 amended
14 In section 113(1) delete "reservation," (1st occurrence) and
15 insert:
16
17 reservation area,
18
19 51. Section 115 amended
20 In section 115(1)(c) delete "returns, other documents,".
21 52. Section 116A amended
22 In section 116A(1)(c) delete "returns, other documents,".
23 53. Section 116 amended
24 (1) Delete section 116(1) and insert:
25
26 (1) The Minister, on the application of a person, may
27 consent in writing (an instrument of consent) to the
page 42
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 54
1 carrying on in the State by any person of petroleum
2 exploration operations or geothermal exploration
3 operations in the course of scientific investigation.
4
5 (2) In section 116(2):
6 (a) delete "under subsection (1)";
7 (b) delete "such conditions, if any, as are" and insert:
8
9 any conditions
10
11 (3) In section 116(3):
12 (a) delete "in force under subsection (1)";
13 (b) delete "energy resources".
14 54. Section 119 amended
15 In section 119(1)(a) delete "energy resources".
16 55. Section 126A amended
17 In section 126A(4) in the definition of CEO delete "department
18 of the Public Service principally assisting in the administration
19 of this Act." and insert:
20
21 Department.
22
23 56. Section 127 amended
24 (1) In section 127(1):
25 (a) delete "shall" and insert:
26
27 must
28
page 43
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 56
1 (b) in paragraphs (b) and (d) delete "one" and insert:
2
3 1
4
5 (c) in paragraph (d) delete "age." and insert:
6
7 age; or
8
9 (d) after paragraph (d) insert:
10
11 (e) by sending the document by electronic means
12 in the manner prescribed by the regulations.
13
14 (2) In section 127(2):
15 (a) delete "shall" and insert:
16
17 must
18
19 (b) in paragraph (b) delete "age." and insert:
20
21 age; or
22
23 (c) after paragraph (b) insert:
24
25 (c) by sending the document by electronic means
26 in the manner prescribed by the regulations.
27
28 (3) In section 127(3):
29 (a) delete "shall" and insert:
30
31 must
32
page 44
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 56
1 (b) in paragraphs (a) and (b) delete "one" and insert:
2
3 1
4
5 (c) in paragraph (b) delete "age." and insert:
6
7 age; or
8
9 (d) after paragraph (b) insert:
10
11 (c) by sending the document by electronic means
12 in the manner prescribed by the regulations.
13
14 (4) In section 127(4) delete "shall, unless the contrary is proved, be
15 deemed" and insert:
16
17 is, unless the contrary is proved, taken
18
19 (5) After section 127(4) insert:
20
21 (5) Regulations may prescribe the time at which
22 documents sent by electronic means in accordance with
23 this section are taken to have been served.
24 (6) This section applies subject to any regulations made
25 under section 153(1A).
26 (7) This section does not limit any power of the Minister
27 under another provision of this Act to approve a
28 manner in which something must be done.
29
page 45
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 57
1 57. Section 134A amended
2 In section 134A(c) in the inserted section 117(2) delete
3 "paragraphs (d) and (f)" and insert:
4
5 paragraph (a)(iv) and (vi)
6
7 58. Section 142 amended
8 In section 142(1) delete "reservation," (4th occurrence) and
9 insert:
10
11 reservation area,
12
13 59. Section 144 amended
14 (1) In section 144(1)(ba) delete "energy resources".
15 (2) In section 144(3):
16 (a) delete "pursuant to an agreement entered into under
17 section 67(2)(a)," and insert:
18
19 in accordance with an authorisation referred to in
20 section 67(2),
21
22 (b) delete "agreement." and insert:
23
24 authorisation or regulations under section 67(2).
25
page 46
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 60
1 (3) In section 144(4) delete "Subject to any agreement entered into
2 under section 67(2)(a)," and insert:
3
4 Except as provided in an authorisation referred to in
5 section 67(2) or regulations under section 67(2),
6
7 60. Section 147 replaced
8 Delete section 147 and insert:
9
10 147. Ascertainment of quantity of petroleum, regulated
11 substance or geothermal energy recovered
12 (1) In this section --
13 title holder means a permittee, holder of a drilling
14 reservation, lessee or licensee.
15 (2) For the purposes of this Act, the quantity of petroleum,
16 a regulated substance or geothermal energy recovered
17 by a title holder during a period is taken to be --
18 (a) the quantity measured during the period by a
19 measuring device approved by the Minister that
20 is installed at the well-head or at another place
21 approved by the Minister; or
22 (b) the quantity determined by the Minister as
23 being the quantity recovered by the title holder
24 during the period.
25 (3) Without limiting subsection (2)(a), in the case of
26 petroleum, the approved measuring device may be a
27 measuring device installed in accordance with a
28 condition imposed under the Petroleum Pipelines
29 Act 1969 section 12(2A).
30 (4) The Minister may approve a measuring device or place
31 under subsection (2)(a) subject to conditions.
page 47
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 61
1 (5) The Minister's power under subsection (2)(b) can be
2 exercised only in the following cases --
3 (a) there is no approved measuring device installed
4 as referred to in subsection (2)(a);
5 (b) there is an approved measuring device installed
6 as referred to in subsection (2)(a) but the
7 Minister is not satisfied that the quantity of
8 petroleum, the regulated substance or
9 geothermal energy recovered by the title holder
10 has been properly or accurately measured by
11 the measuring device;
12 (c) there is an approved measuring device installed
13 as referred to in subsection (2)(a) but the
14 Minister is satisfied that there has been a
15 contravention of a condition imposed under
16 subsection (4) on the approval of the measuring
17 device or of the place at which it is installed.
18
19 61. Section 150A amended
20 In section 150A in the definition of applicable document
21 paragraph (c) delete "report, return or other document" and
22 insert:
23
24 report
25
26 62. Part IV Division 1 heading inserted
27 At the beginning of Part IV insert:
28
29 Division 1 -- General
30
page 48
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 63
1 63. Part IV Division 2 heading inserted
2 After section 152 insert:
3
4 Division 2 -- Regulations and forms
5
6 64. Section 152A inserted
7 Before section 153 insert:
8
9 152A. Approved forms
10 (1) The Minister may approve forms that must be used for
11 applications, notices and other documents under this
12 Act.
13 Examples for this subsection:
14 1. If the Minister approves a form for a type of application, a
15 person making an application of that type must use the
16 approved form for the application.
17 2. If the Minister approves a form for a type of notice, a person
18 giving a notice of that type must use the approved form for
19 the notice.
20 (2) An approved form must be published on a website
21 maintained by, or on behalf of, the Department.
22
23 65. Section 153 amended
24 (1) After section 153(1) insert:
25
26 (1A) Without limiting subsection (1), the regulations may
27 make provision for or in relation to the following --
28 (a) the giving of a document required or permitted
29 to be given under this Act (including the giving
30 of the document by electronic means);
page 49
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 66
1 (b) the time at which the document is taken to have
2 been given;
3 (c) the means of satisfying a requirement under this
4 Act in relation to a document in writing (for
5 example, a requirement that the original of a
6 document be given or that a document be
7 signed) if the document is given by electronic
8 means.
9 (1B) Subsection (1A) applies to a requirement or permission
10 to give a document whether the term "give", "send" or
11 "serve", or any other similar word or term, is used.
12
13 (2) In section 153(2):
14 (a) delete "In particular, but without limiting the generality
15 of " and insert:
16
17 Without limiting
18
19 (b) in paragraph (h)(i) and (ii) delete "reservation," and
20 insert:
21
22 reservation area,
23
24 (3) In section 153(2c) delete "Act as defined in that".
25 66. Section 154 amended
26 (1) In section 154(1) delete the definition of Gazettal day.
27 (2) In section 154(1) insert in alphabetical order:
28
29 publication day means the day on which transitional
30 regulations are published in accordance with the
31 Interpretation Act 1984 section 41(1)(a);
page 50
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 66
1 specified means specified or described in transitional
2 regulations;
3
4 (3) Delete section 154(3) and (4) and insert:
5
6 (3) Regulations may prescribe anything required,
7 necessary or convenient to be prescribed in relation to a
8 transitional matter in connection with --
9 (a) amendments made to this Act by another Act
10 (the amending Act); or
11 (b) amendments made to another written law by the
12 amending Act that, wholly or partly, are
13 consequential on, or otherwise connected with,
14 amendments referred to in paragraph (a).
15 (4) Without limiting subsection (3), transitional regulations
16 may provide for specified provisions of this Act or
17 another written law --
18 (a) not to apply to, or in relation to, a specified
19 matter or thing; or
20 (b) to apply with specified modifications to, or in
21 relation to, a specified matter or thing.
22
23 (4) In section 154(5):
24 (a) delete "Gazettal" and insert:
25
26 publication
27
28 (b) delete "commences." and insert:
29
30 receives the Royal Assent.
31
page 51
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 67
1 (5) In section 154(6)(a) and (b) delete "Gazettal" and insert:
2
3 publication
4
5 (6) After section 154(6) insert:
6
7 (7) The Interpretation Act 1984 applies in relation to an
8 amendment made by the amending Act subject to
9 Schedule 2 and transitional regulations.
10
11 67. Schedule 2 Division 2 inserted
12 At the end of Schedule 2 insert:
13
14 Division 2 -- Provisions for Petroleum Legislation
15 Amendment Act 2023
16 4. Storage of petroleum underground
17 (1) In this clause --
18 amendment day means the day on which the Petroleum
19 Legislation Amendment Act 2023 section 33 comes into
20 operation.
21 (2) This clause applies to an agreement that is in force under
22 section 67 immediately before amendment day.
23 (3) On and after amendment day, the agreement continues in
24 force in accordance with its terms.
25 (4) In the following provisions, references to an authorisation
26 referred to in section 67(2) include a reference to the
27 agreement --
28 (a) paragraph (b) of the definition of report in
29 section 5(1);
page 52
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 67
1 (b) paragraph (h) of the definition of operator in
2 section 5(1);
3 (c) section 67(1)(a);
4 (d) section 86A(2)(n);
5 (e) section 144(3) and (4);
6 (f) the Petroleum (Submerged Lands) Act 1982
7 section 145(3).
8 5. Royalty condition included in petroleum title
9 (1) In this clause --
10 amendment day means the day on which the Petroleum
11 Legislation Amendment Act 2023 section 69 comes into
12 operation;
13 petroleum title means any of the following --
14 (a) a petroleum exploration permit;
15 (b) a petroleum drilling reservation;
16 (c) a petroleum retention lease;
17 (d) a petroleum production licence.
18 (2) This clause applies to a petroleum title that is in force
19 immediately before amendment day.
20 (3) The amendment made to section 142(1) by the Petroleum
21 Legislation Amendment Act 2023 section 69 does not apply
22 to the petroleum title unless, and until, the Minister grants
23 an approval in relation to the petroleum title as referred to in
24 section 91C(4).
25 (4) If the Minister grants such an approval, the Minister must,
26 under section 91C(5), vary the conditions to which the
27 petroleum title is subject so as to ensure compliance with
28 section 142(1) as amended by the Petroleum Legislation
29 Amendment Act 2023 section 69.
30
page 53
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 68
1 68. Various references to "petroleum pool" amended
2 In the provisions listed in the Table:
3 (a) delete "petroleum pool" (each occurrence) and insert:
4
5 resources pool
6
7 (b) delete "petroleum pools" (each occurrence) and insert:
8
9 resources pools
10
11 Table
s. 7A(8)(e) s. 7B(2), (3), (5), (8), (9), (11),
(12), (13), (15)(a) and (16)(e)
s. 33(1)(c) s. 46(1), (2) and (5)
s. 47(4)(a) and (b) s. 48K(1)
s. 57(1)(ba) s. 68(3) and (4)
s. 69(1)(a)(i), (2) to (7), (11) s. 91(2)(d) and (e)
and (12)
s. 153(2)(h)(i) and (i)
12 Note: The heading to amended section 7B is to read:
13 Resources pool in, or extending into, other areas
page 54
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 69
1 69. Various references to "petroleum" amended
2 Amend the provisions listed in the Table as set out in the Table.
3 Table
Provision Delete Insert
s. 5(1) def. of good petroleum (each petroleum or a
oil-field practice occurrence) regulated substance
s. 31(1)(c)(i)
s. 48B(1)(c)(i)
and (ii)
s. 48CA(1)(b), (4)
and (7)(b)
s. 48CB(1)(c)
s. 53(1)(c)
s. 57(1)(b)(ii)
s. 65(1)(c)(ii)
s. 68(2)
s. 123(1)(c)(i)
and (2)
s. 143(1)
s. 144(1)(c)(i)
s. 150A def. of
mining sample
par. (b) and (c)
s. 153(2)(fa)
s. 5(1) def. of petroleum (each petroleum, a
operator par. (a) occurrence) regulated substance
to (d)
page 55
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 69
Provision Delete Insert
s. 5(1) def. of well
s. 48A(2)(c)(ii)
s. 69(9)
s. 75(1)(c) and (d)(ii)
s. 91(2)(a) and (b)
s. 95(2)(b)
s. 106(11)
s. 123(1)(c)(ii)
and (iii)
s. 143(2)
s. 148(1)
s. 153(2)(a) to (c),
(e), (f), (j) and (k)
s. 7B(2) petroleum recovered petroleum or
regulated substance
recovered
s. 7B(3), (8)(f), petroleum is petroleum or a
(12)(h) and (15)(c) recovered regulated substance
is recovered
s. 7B(3), (5), (8)(c) petroleum so petroleum or
and (g), (12)(g) recovered regulated substances
and (i) and (15) so recovered
s. 142(3) and (9)
page 56
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 69
Provision Delete Insert
s. 7B(5) petroleum, and petroleum or a
petroleum regulated substance,
and petroleum or a
regulated substance
s. 7B(8)(a) recover, petroleum recover, petroleum
and (12)(a) or a regulated
substance
s. 106(13) def. of
petroleum title
s. 7B(8)(b) and (d) petroleum recovered petroleum or
and (12)(f) (each occurrence) regulated substances
recovered
s. 142(2), (3) and (7)
to (9)
s. 7B(8)(c) petroleum were petroleum or
and (12)(g) recovered regulated substances
were recovered
s. 7B(8)(c) petroleum in petroleum or
and (12)(g) regulated substances
in
s. 7B(15)(a) recover petroleum recover petroleum or
a regulated
substance
s. 9 all petroleum all petroleum,
regulated substances
s. 10
s. 10 obtaining petroleum obtaining petroleum,
regulated substances
page 57
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 69
Provision Delete Insert
s. 11A(1) any petroleum any petroleum or
regulated substance
petroleum becomes petroleum or
regulated substance
becomes
s. 13(1) all petroleum all petroleum or
regulated substances
such petroleum; the petroleum or
regulated substances
delivery of the delivery of the
petroleum petroleum or
regulated substances
s. 13(2) petroleum (each petroleum or
occurrence) regulated substances
s. 142(4), (5) and (6)
s. 13(3) and (4) petroleum petroleum or
regulated substances,
s. 15A(1)(c) and (d) petroleum (each petroleum, regulated
occurrence) substances
s. 16(1)(a) and (b)
s. 17(3)
s. 24(2)
s. 29(3) def. of
explore for
s. 48J
s. 91A(1) and (2)
page 58
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 69
Provision Delete Insert
Pt. III heading petroleum petroleum,
regulated
substances
s. 29(1) explore for explore for
petroleum petroleum or a
regulated substance
s. 33(1)(c) petroleum has been petroleum or a
recovered regulated substance
has been recovered
s. 43B(1)(c) petroleum deposits petroleum or
regulated substance
deposits
s. 43B(1)(d)(iv) petroleum deposit sites of petroleum or
regulated substance
deposits
s. 44(1) and (1b)(a) petroleum is petroleum or a
discovered regulated substance
s. 48K(1)
is discovered
s. 46(5) recovered petroleum recovered petroleum
or a regulated
substance
s. 47(4) relates to petroleum relates to petroleum
or a regulated
substance
page 59
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 69
Provision Delete Insert
s. 48E(1)(c) recovery of recovery of
petroleum (each petroleum or a
s. 48F(2)(c)(ii)
occurrence) regulated substance
s. 48G(1)(c)
s. 48H(3)
s. 49(1)
s. 64A(1)(a)
and (3)(a)
s. 69(1)(a)(i) and (b),
(5), (6) and (7)
s. 91(1)(a)
s. 106(1) and (1a)
s. 109(1)
s. 119(1)(a)
s. 144(1)(b)
s. 48K(1) that petroleum that petroleum or
regulated substance
s. 52(1), (3)(a)
and (b)
s. 57(2)(b)
s. 68(1)
s. 144(2)
s. 48K(1) quantity of quantity of
petroleum petroleum or
regulated substance
page 60
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 69
Provision Delete Insert
s. 52(1) to (3) petroleum recovered petroleum or a
regulated substance
s. 57(2)(b)
recovered
s. 52(3)(b) for petroleum that petroleum or a
regulated substance
s. 57(1)(ba) petrol petroleum or a
regulated substance
s. 68(1) Where petroleum Where petroleum or
a regulated
s. 144(2)
substance
s. 68(1) recoverable recoverable
petroleum petroleum or a
regulated substance
s. 68(3) and (4) petroleum is being petroleum or a
recovered (each regulated substance
occurrence) is being recovered
s. 69(3)(b) petroleum or petroleum, a
geothermal regulated substance
or geothermal
s. 69(3) petroleum from petroleum or a
regulated substance
from
s. 91(2)(c) petroleum-bearing strata bearing
strata petroleum or a
s. 153(2)(g)
regulated substance
page 61
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 69
Provision Delete Insert
s. 117(c) petroleum or not petroleum or a
regulated substance
or neither
s. 142(1) petroleum or all petroleum, regulated
substances or
s. 142(2) and (9) the petroleum the petroleum or
regulated substances
s. 144(1)(a) respect of petroleum respect of petroleum,
a regulated
substance
s. 144(1)(a) that petroleum that petroleum,
regulated substance
s. 144A(2)
s. 144(1)(b) and (2) respect of petroleum respect of petroleum
or a regulated
substance
s. 144A(1) petroleum petroleum, regulated
substance
s. 145
s. 146
s. 144A(2) of petroleum of petroleum, a
regulated substance
s. 148(3) petroleum petroleum, regulated
substance or
geothermal energy
page 62
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 70
1 70. Various modernisations
2 Amend the provisions listed in the Table as set out in the Table.
3 Table
Provision Delete Insert
s. 5(1) def. of partly one (each 1
cancelled occurrence)
s. 5(1) def. of partly
determined
s. 5(3)
s. 7A(3) and (8)(e)
s. 7B(3), (8)(d)
and (16)(e)
s. 31(3)(b)
s. 32(3)
s. 43B(2) and (3)
s. 43C(3)
s. 46(3) and (5)
s. 47(2A)(a)
and (2C)(a)
s. 48A(1) and (1a)
s. 48B(1)(c)(i),
(2A)(c)(i), (3A)(b)
and (4)
s. 48CB(6)
s. 48E(1)(e)
and (3)(b)
page 63
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 70
Provision Delete Insert
s. 48G(3)(a), (5), (6)
and (10)(b)
s. 48H(5)
s. 50(1)(e) and (f)
s. 50A(1)(e) and (f)
and (1a)(b)
s. 52(2)
s. 53(1)(c)
and (2A)(c)
s. 54(3)
s. 56(6)(b)
s. 59(1) and (2)
s. 64A(1) and (2)
s. 65(4)(a) and (8)
s. 69A(3)(a)
s. 72(2)
s. 75(1), (3)(a)
and (7)
s. 75A(1)(a)
s. 95(2)(a)
s. 106(4)(a) and (9)
s. 113(1)
s. 115(1)
s. 123(1)
s. 142(3)
page 64
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 70
Provision Delete Insert
s. 5(1) def. of private hereafter (each
land occurrence)
s. 5(7) his the Minister's
s. 11(1)
s. 48G(3)(a)
s. 65(4)(a)
s. 69(3)
s. 106(4)(a)
s. 5(7) shall be is
s. 17(2)
s. 5(8) shall (each must
occurrence)
s. 11(3)
s. 13(4)
s. 15A(1) and (3)
s. 16(1)
s. 17(5)
s. 28(1), (1a), (2) and
(3)
s. 29(1) and (2)
s. 31(1) to (3)
s. 32A(6)
s. 32(2) and (4)
s. 33(4)
s. 35(5)
page 65
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 70
Provision Delete Insert
s. 40(2)(b) and (c)
s. 43A(2) and (2a)
s. 43B(1) to (3)
s. 43CA(6)
s. 43C(2) and (4)
s. 44(1)(b), (1a)(b)
and (1b)
s. 46(4) and (7)
s. 47(1) and (2)
s. 48A(2)
s. 48B(1) to (3)
and (5)
s. 48CB(1) to (4)
and (7)
s. 48E(2)
s. 48F(2)
s. 48G(1)(d), (2), (3),
(4), (5) and (7)
s. 48H(4)
s. 48J(b)
s. 48K(2)
s. 49(1) and (2)
s. 51(1)(b), (c)
and (e)
s. 52(1) to (3)
and (4)
page 66
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 70
Provision Delete Insert
s. 53(1) to (3)
s. 54(3)
s. 55(1)
s. 56(3), (5) and (6)
s. 57(2), (4) and (6)
s. 59(5)
s. 61(2), (4) and (5)
s. 65(1)(c), (3), (4),
(7) and (9)
s. 67(1)
s. 68(5)
s. 69(8) and (11)
to (12)
s. 70(1) to (3)
and (6)
s. 72(4), (5), (6)
and (11)
s. 75(5) and (6), (9),
(11) and (14)
s. 75A(3)
s. 76(1)
s. 90(1) and (3)
s. 91(1) and (2)
to (3)
s. 91A(3)
s. 92(2) and (3)
page 67
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 70
Provision Delete Insert
s. 95(2a) to (4)
s. 105(2), (6b), (6c)
and (9)
s. 106(2), (4), (10)
and (11)
s. 115(2)
s. 117
s. 119(2) and (3)
s. 142(6)
s. 143(1)
s. 7A(2), (3), (5) shall be deemed is taken
and (7)
s. 10(a)
s. 48E(4)
s. 48G(9) and (10)
s. 48H(3)
s. 65(11)
s. 72(10)
s. 95(2)
s. 7A(3) and (5) shall be determined must be determined
s. 9 Notwithstanding Despite
shall be deemed are taken
page 68
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 70
Provision Delete Insert
s. 10(b) shall contain contains
be deemed is taken
s. 10 therein in the land
s. 11(2)
s. 10 hereinafter contained of this Act
s. 11(1) workmen workers
deemed
s. 11(2) on thereon out on the land
s. 13(1) shall have has
exercising such exercising the
concerned shall concerned must
thereof, of them
s. 13(2) No licensee shall A licensee must not
him the licensee,
thereof of them
s. 13(3) and (4) thereof of them,
s. 13(3) shall are
s. 75(7)
s. 13(3) be null null
s. 15(1) notwithstanding the despite
provisions of
page 69
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 70
Provision Delete Insert
s. 15A(1) A A person who is a
s. 106(1)
s. 15A(1)(a) he the person
s. 17(2) thereof, and to any of the land, and to
improvements any improvements
thereon on the land
thereon or on or under the land
thereunder
such the
s. 17(3) no allowance shall allowance must not
s. 17(5) so
s. 48G(3)(d)
s. 65(4)(d)
s. 75(13)(b)
s. 30(2) he (each occurrence) the Minister
s. 35(1)
s. 40(3)
s. 52(2) and (4)
s. 57(3)
s. 59(1)
s. 64(3)
s. 68(1) and (3)
s. 69(7) and (8)
page 70
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 70
Provision Delete Insert
s. 90(2)
s. 91A(3)
s. 106(3)(a), (4)(b)(i)
and (ii)
s. 109(1)
s. 30(2) subsection (2) or (3) section 31(2) or (3)
of section 31
s. 31(1)(d)(ii) his employees the employees of the
applicant
s. 31(4) furnish give
s. 33(5)
s. 43B(4)
s. 48A(3)
s. 48F(4)
s. 51(2)
s. 106(11)
s. 109(1)(a)
s. 113(1)
s. 115(1)(c)
page 71
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 70
Provision Delete Insert
s. 31(4) him (each the applicant
occurrence)
s. 33(5)
s. 35(1)
s. 43B(4)
s. 51(2)
s. 57(7)
s. 59(1), (2)
and (5)(b)
s. 106(3)(a)
s. 31(4) his the
s. 33(5)
s. 43B(4)
s. 51(2)
s. 57(2)(a) and (b)
and (7)
s. 32(3) instrument on him instrument on the
applicant
served on him served on the
Minister
s. 33(4)(d) to him
s. 47(5)(c)
s. 57(2)(a) and (b)
and (3)
page 72
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 70
Provision Delete Insert
s. 35(2) if he if the Minister
he is prepared to pay the applicant is
in respect of the prepared to pay in
grant of a permit to respect of the grant
him of a permit to the
applicant
him that he is the applicant that the
prepared to grant to Minister is prepared
him to grant the applicant
s. 44(1)(a) shall forthwith must immediately
and (1a)(a)
s. 48J(a)
s. 46(6) his or her the permittee's
s. 48B(1)(b), (2A)(b) furnished given
and (2)(a)
s. 119(1)
s. 48CA(3) is to (each must
occurrence)
s. 48CA(4) and (5) is also to must also
s. 48G(3) unless unless the Minister
has
s. 65(4)
s. 106(4)
page 73
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 70
Provision Delete Insert
s. 48G(3)(a) and (c) he has,
s. 65(4)(a) and (c)
s. 106(4)(a) and (c)
s. 48G(3)(b) and (d) he has
s. 65(4)(b) and (d)
s. 106(4)(b) and (d)
s. 48G(3)(b) as he as the Minister
s. 65(4)(b)
s. 50(2) and (3) his (each occurrence) their
s. 52(4) him the Minister
s. 65(4)(d)
s. 69(4) and (8)
s. 70(1)
s. 106(4)(d)
s. 53(2)(b) periods related related periods
thereto
s. 57(2)(a) and (b) he the applicant
s. 59(1) and (2) subsection (1) or section 57(1) or (1a)
(1a) of section 57
page 74
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 70
Provision Delete Insert
s. 59(2) he does the Minister does
his the applicant's
he would the applicant would
he is the Minister is
he will the applicant will
s. 59(6) instrument on him instrument on the
applicant
served on him served on the
Minister
to him
s. 61(1) him the licensee
s. 65(4)(c)(ii) he the licensee
s. 65(8) of the instrument on
him
s. 65(8) and (9) to him to the licensee
s. 69(3) made to him
s. 72(7) shall, must
s. 75(7) be taken taken
s. 90(2)(a) and (b) him the permittee, holder
of a drilling
reservation, lessee or
licensee
page 75
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 70
Provision Delete Insert
s. 91(4) he the person or
defendant
s. 92(2) and (3) he the operator
s. 95(3) and (4) notwithstanding despite
s. 95(7) shall not cannot
s. 106(1) him (each the person
occurrence)
s. 109(2)
s. 106(4)(c)(ii) he the person
and (11)
s. 106(6) him the holder
s. 106(11) The A person who is the
s. 109(1)(a) and (b) him the Minister or
inspector (as the case
requires)
s. 109(2) furnishing giving
so furnished given
s. 109(3) furnished, or
furnishing giving
document, as the document (as the
case may be, case requires)
s. 113(1) licensee, as the case licensee (as the case
may be, shall requires) must
page 76
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
General amendments Division 2
s. 70
Provision Delete Insert
s. 117(a) thereon on the land
s. 119(1) him the inspector
s. 119(1) to (3) his (each occurrence) the inspector's
s. 119(1)(a) shall have must be given
s. 142(1) shall include include
s. 142(1) licensee shall, must,
s. 142(3) the succeeding
provisions of
to the provisions of
in pursuance of under section 52(1)
subsection (1) of
section 52
s. 142(4) in pursuance of under
s. 142(6) Notwithstanding the Despite
provisions of
s. 142(8) subsection (1) of section 61(1)
section 61
subsection (1) of (2nd
occurrence)
page 77
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 2 General amendments
s. 70
Provision Delete Insert
s. 143(1a) to be at such at a
provision) as the provision), and in
Minister specifies in respect of a period,
respect of such specified by the
period as the Minister
Minister specifies
s. 148(2) one third of one per one-third of 1% per
centrum per day day on
upon
1 Note: The headings to the amended sections listed in the Table are to read as
2 set out in the Table.
3 Table
Amended section Section heading
s. 9 Petroleum, regulated substances, geothermal
energy resources and geothermal energy
declared to be property of Crown
s. 11A Property rights in recovered petroleum,
regulated substances and geothermal energy
s. 13 Governor to have right of pre-emption of
petroleum or regulated substances in
emergency
s. 29 Exploration for petroleum, regulated
substances and geothermal energy resources
restricted
s. 44 Discovery of petroleum, regulated substances
or geothermal energy resources to be notified
s. 48J Discovery of petroleum, regulated substances
or geothermal energy resources to be notified
s. 48K Directions by Minister on discovery of
petroleum, regulated substances or
geothermal energy resources
s. 49 Recovery of petroleum, regulated substances
or geothermal energy resources in State
page 78
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 71
Amended section Section heading
s. 68 Directions as to recovery of petroleum or
regulated substance
s. 109 Minister or inspector may require information
to be given
s. 145 Ascertainment of value of petroleum, regulated
substance or geothermal energy
1 Division 3 -- Amendments relating to greenhouse gas storage
2 and transport
3 71. Long title replaced
4 Delete the long title and insert:
5
6 An Act relating to --
7 • the exploration for, and the exploitation of, petroleum
8 resources, geothermal energy resources and certain
9 other resources within certain lands of the State; and
10 • the injection and storage of greenhouse gas substances
11 within certain lands of the State.
12
13 72. Section 1 amended
14 In section 1 delete "Petroleum and Geothermal Energy
15 Resources" and insert:
16
17 Petroleum, Geothermal Energy and Greenhouse Gas Storage
18
19 73. Section 5 amended
20 (1) In section 5(1) delete the definitions of:
21 partly cancelled
22 permit area
23 well
page 79
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 73
1 (2) In section 5(1) insert in alphabetical order:
2
3 approved site plan means a site plan in respect of
4 which an approval is in force under regulations made
5 for the purposes of section 69HA;
6 closure assurance period means a closure assurance
7 period declared under section 69HW(2);
8 detection agent means a substance, whether in a
9 gaseous or liquid state, that --
10 (a) facilitates the monitoring of the behaviour of
11 another substance or a mixture of other
12 substances when added to --
13 (i) that other substance; or
14 (ii) that mixture of other substances;
15 and
16 (b) is prescribed by the regulations;
17 eligible GHG storage formation has the meaning given
18 in section 6C(1);
19 fundamental suitability determinants, in relation to an
20 eligible GHG storage formation, has the meaning given
21 in section 6C(9);
22 GHG access authority means a GHG access authority
23 under Part 3;
24 GHG drilling reservation means a GHG drilling
25 reservation under Part 3;
26 GHG drilling reservation area means the area
27 constituted by the blocks that are the subject of a
28 GHG drilling reservation;
29 GHG exploration operation means an operation to
30 explore for potential GHG storage formations or
31 potential GHG injection sites, and the carrying on of
32 operations and the execution of works necessary for
33 that purpose;
page 80
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 73
1 GHG exploration permit means a GHG exploration
2 permit under Part 3;
3 GHG injection licence means a GHG injection licence
4 under Part 3;
5 GHG injection operation means --
6 (a) an operation to inject a greenhouse gas
7 substance into an identified GHG storage
8 formation, and to permanently store the
9 greenhouse gas substance in the identified
10 GHG storage formation, and the carrying on of
11 operations and the execution of works
12 necessary for those purposes; or
13 (b) an operation to monitor a greenhouse gas
14 substance stored in an identified GHG storage
15 formation, and the carrying on of operations
16 and the execution of works necessary for that
17 purpose;
18 GHG lease area means the area constituted by the
19 blocks that are the subject of a GHG retention lease;
20 GHG lessee means the registered holder of a
21 GHG retention lease;
22 GHG licence area means the area constituted by the
23 blocks that are the subject of a GHG injection licence;
24 GHG licensee means the registered holder of a GHG
25 injection licence;
26 GHG operation --
27 (a) means --
28 (i) a GHG exploration operation; or
29 (ii) an operation to drill for potential GHG
30 storage formations or potential GHG
31 injection sites, and the carrying on of
32 operations and the execution of works
33 necessary for that purpose; or
page 81
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 73
1 (iii) a GHG injection operation; or
2 (iv) any other kind of operation prescribed
3 by the regulations to be a GHG
4 operation;
5 but
6 (b) does not include --
7 (i) an operation of the kind described in
8 paragraph (a)(vi) of the definition of
9 petroleum operation; or
10 (ii) an operation of a kind prescribed by the
11 regulations not to be a GHG operation;
12 GHG permit area means the area constituted by the
13 blocks that are the subject of a GHG exploration
14 permit;
15 GHG permittee means the registered holder of a GHG
16 exploration permit;
17 GHG retention lease means a GHG retention lease
18 under Part 3;
19 GHG special prospecting authority means a GHG
20 special prospecting authority under Part 3;
21 greenhouse gas substance or GHG has the meaning
22 given in section 6E(1);
23 identified GHG storage formation means a part of a
24 geological formation declared to be an identified
25 GHG storage formation under section 69E(2)(a);
26 incidental greenhouse gas-related substance, in
27 relation to a primary greenhouse gas substance, has the
28 meaning given in section 6D(2);
29 partly cancelled, in relation to a permit, drilling
30 reservation or licence, means cancelled as to 1 or more
31 but not all of the blocks the subject of the permit,
32 drilling reservation or licence;
page 82
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 73
1 permit area means the area constituted by the blocks
2 that are the subject of a permit;
3 potential GHG injection site means a place that is a
4 suitable place to make a well or wells to inject a
5 greenhouse gas substance into a part of a geological
6 formation;
7 potential GHG storage formation has the meaning
8 given in section 6B(1);
9 pre-certificate notice has the meaning given in
10 section 69HL(2);
11 primary greenhouse gas substance means --
12 (a) carbon dioxide; or
13 (b) a prescribed greenhouse gas;
14 site closing certificate has the meaning given in
15 section 69HP(2);
16 site plan means a document that --
17 (a) relates to an identified GHG storage formation;
18 and
19 (b) complies with any requirements specified in the
20 regulations; and
21 (c) is divided into the following parts --
22 (i) Part A, which sets out predictions for
23 the behaviour of a greenhouse gas
24 substance stored in the identified GHG
25 storage formation;
26 (ii) Part B, which deals with other matters;
27 spatial extent, of an eligible GHG storage formation,
28 has the meaning given in section 6C(3);
page 83
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 73
1 well --
2 (a) means a hole in the Earth's crust made by
3 drilling, boring or other means in connection
4 with any of the following --
5 (i) exploration for petroleum, a regulated
6 substance or geothermal energy
7 resources;
8 (ii) operations for the recovery of
9 petroleum, a regulated substance or
10 geothermal energy;
11 (iii) GHG operations;
12 but
13 (b) does not include a seismic shot hole;
14
15 (3) In section 5(1) in the definition of access authority:
16 (a) in paragraph (b) delete "authority;" and insert:
17
18 authority; or
19
20 (b) after paragraph (b) insert:
21
22 (c) a GHG access authority;
23
24 (4) In section 5(1) in the definition of drilling reservation:
25 (a) in paragraph (b) delete "reservation;" and insert:
26
27 reservation; or
28
29 (b) after paragraph (b) insert:
30
31 (c) a GHG drilling reservation;
32
page 84
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 73
1 (5) In section 5(1) in the definition of facility delete "operation or
2 geothermal energy" and insert:
3
4 operation, geothermal energy operation or GHG
5
6 (6) In section 5(1) in the definition of lease:
7 (a) in paragraph (b) delete "lease;" and insert:
8
9 lease; or
10
11 (b) after paragraph (b) insert:
12
13 (c) a GHG retention lease;
14
15 (7) In section 5(1) in the definition of licence:
16 (a) in paragraph (b) delete "licence;" and insert:
17
18 licence; or
19
20 (b) after paragraph (b) insert:
21
22 (c) a GHG injection licence;
23
24 (8) In section 5(1) in the definition of operator:
25 (a) delete paragraphs (a) to (d) and insert:
26
27 (a) in relation to a petroleum exploration operation,
28 geothermal exploration operation or
29 GHG exploration operation in a permit area,
30 means the registered holder of the permit for
31 that area; or
page 85
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 73
1 (b) in relation to the following, means the
2 registered holder of the drilling reservation for
3 the drilling reservation area --
4 (i) an operation to drill for petroleum, a
5 regulated substance or geothermal
6 energy resources in a drilling
7 reservation area and the execution of
8 works necessary for that purpose;
9 (ii) an operation to drill for potential GHG
10 storage formations or potential GHG
11 injection sites in a drilling reservation
12 area and the execution of works
13 necessary for that purpose;
14 or
15 (c) in relation to a petroleum exploration operation,
16 geothermal exploration operation or GHG
17 exploration operation in a lease area, means the
18 registered holder of the lease for that area; or
19 (d) in relation to the following, means the
20 registered holder of the licence for the licence
21 area --
22 (i) a petroleum exploration operation,
23 geothermal exploration operation or
24 GHG exploration operation in a licence
25 area;
26 (ii) an operation to recover petroleum, a
27 regulated substance or geothermal
28 energy in a licence area, or to recover
29 petroleum, a regulated substance or
30 geothermal energy from a licence area
31 in another area, or the carrying on of
32 any operations or the execution of any
33 works in a licence area that are
34 necessary for those purposes;
page 86
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 73
1 (iii) a GHG injection operation in a licence
2 area;
3 or
4
5 (b) delete paragraphs (f) and (g) and insert:
6
7 (f) in relation to a petroleum exploration operation,
8 geothermal exploration operation or GHG
9 exploration operation in an area specified in a
10 special prospecting authority, means the
11 registered holder of the special prospecting
12 authority; or
13 (g) in relation to the following, means the
14 registered holder of the access authority --
15 (i) a petroleum exploration operation,
16 geothermal exploration operation or
17 GHG exploration operation in an area
18 specified in an access authority;
19 (ii) an operation to recover petroleum, a
20 regulated substance or geothermal
21 energy in an area specified in an access
22 authority;
23 (iii) a GHG injection operation in an area
24 specified in an access authority;
25 or
26
27 (c) after paragraph (k) insert:
28
29 (l) in relation to any other kind of operation
30 prescribed by the regulations to be a GHG
31 operation for the purposes of the definition of
32 GHG operation, means the person prescribed
page 87
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 73
1 by the regulations to be the operator of the
2 GHG operation;
3
4 (9) In section 5(1) in the definition of operator after each of
5 paragraphs (e) and (h) to (k) insert:
6
7 or
8
9 (10) In section 5(1) in the definition of permit:
10 (a) in paragraph (b) delete "permit;" and insert:
11
12 permit; or
13
14 (b) after paragraph (b) insert:
15
16 (c) a GHG exploration permit;
17
18 (11) In section 5(1) in the definition of primary entitlement
19 paragraph (b) delete "(1a);" and insert:
20
21 (1A);
22
23 (12) In section 5(1) in the definition of special prospecting
24 authority:
25 (a) in paragraph (b) delete "authority;" and insert:
26
27 authority; or
28
page 88
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 74
1 (b) after paragraph (b) insert:
2
3 (c) a GHG special prospecting authority;
4
5 74. Sections 6B to 6E inserted
6 At the end of Part I insert:
7
8 6B. Potential GHG storage formation
9 (1) For the purposes of this Act, a potential GHG storage
10 formation is a part of a geological formation that is
11 suitable for the permanent storage of a greenhouse gas
12 substance injected into that part.
13 (2) For the purposes of subsection (1), it is not necessary to
14 identify the greenhouse gas substance.
15 (3) For the purposes of subsection (1), in determining
16 whether a part of a geological formation is suitable for
17 the permanent storage of a greenhouse gas substance
18 injected into that part, regard may be had to reasonably
19 foreseeable technological developments.
20 6C. Eligible GHG storage formation and related terms
21 (1) For the purposes of this Act, an eligible GHG storage
22 formation is a part of a geological formation that is
23 suitable for the permanent storage of a particular
24 amount of a particular greenhouse gas substance
25 injected at a particular point or points into that part
26 over a particular period.
27 (2) An amount referred to in subsection (1) must be at least
28 100 000 tonnes.
page 89
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 74
1 (3) For the purposes of this Act, the spatial extent of an
2 eligible GHG storage formation is the expected
3 migration pathway or pathways of the particular
4 amount of the particular greenhouse gas substance
5 injected as referred to in subsection (1), over the
6 period --
7 (a) beginning at the start of the particular period
8 referred to in that subsection; and
9 (b) ending at the notional site closing certificate
10 time as defined in subsection (8).
11 (4) In determining the spatial extent of an eligible GHG
12 storage formation, regard must be had to --
13 (a) the fundamental suitability determinants; and
14 (b) any other relevant matters.
15 (5) The regulations may provide that the expected
16 migration pathway or pathways are to be ascertained
17 for the purposes of subsection (3) on the basis of --
18 (a) 1 or more assumptions (if any) specified in the
19 regulations; and
20 (b) a level of probability specified in the
21 regulations; and
22 (c) a methodology (if any) specified in the
23 regulations.
24 (6) For the purposes of the application of this section to a
25 part of a geological formation covered by
26 subsection (1), the notional site closing certificate time
27 is worked out by --
28 (a) assuming that the particular amount of the
29 particular greenhouse gas substance referred to
30 in that subsection was injected at the particular
31 point or points referred to in that subsection
page 90
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 74
1 over the particular period referred to in that
2 subsection; and
3 (b) assuming that, throughout that period, that part
4 was an identified GHG storage formation; and
5 (c) assuming that, throughout that period,
6 operations for the injection of the greenhouse
7 gas substance into that part --
8 (i) were authorised by a GHG injection
9 licence; and
10 (ii) complied with the requirements of this
11 Act and the regulations;
12 and
13 (d) assuming that, at the end of that period,
14 operations for the injection of the greenhouse
15 gas substance into that part ceased; and
16 (e) estimating the earliest time after the end of that
17 period when the Minister would be in a position
18 to issue a site closing certificate in relation to
19 the identified GHG storage formation.
20 (7) When making an estimate under subsection (6)(e),
21 section 69HK is to be disregarded.
22 (8) The notional site closing certificate time is the time
23 estimated under subsection (6)(e).
24 (9) For the purposes of this Act, the following are the
25 fundamental suitability determinants of an eligible
26 GHG storage formation --
27 (a) the particular amount referred to in
28 subsection (1);
29 (b) the particular greenhouse gas substance referred
30 to in subsection (1);
page 91
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 74
1 (c) the particular point or points referred to in
2 subsection (1);
3 (d) the particular period referred to in
4 subsection (1);
5 (e) the effective sealing feature or attribute that
6 enables the permanent storage referred to in
7 subsection (1).
8 6D. Incidental greenhouse gas-related substance
9 (1) This section applies if a primary greenhouse gas
10 substance is captured from a particular source material.
11 (2) For the purposes of this Act, each of the following is an
12 incidental greenhouse gas-related substance in
13 relation to a primary greenhouse gas substance --
14 (a) any substance that is incidentally derived from
15 the source material;
16 (b) any substance that is incidentally derived from
17 the capture;
18 (c) if the primary greenhouse gas substance,
19 whether in a pure form or in a mixture with
20 other substances, is transported -- any
21 substance that is incidentally derived from the
22 transportation;
23 (d) if the primary greenhouse gas substance,
24 whether in a pure form or in a mixture with
25 other substances, is injected into a part of a
26 geological formation -- any substance that is
27 incidentally derived from the injection;
page 92
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 74
1 (e) if the primary greenhouse gas substance,
2 whether in a pure form or in a mixture with
3 other substances, is stored in a part of a
4 geological formation -- any substance that is
5 incidentally derived from the storage.
6 6E. Greenhouse gas substance or GHG
7 (1) For the purposes of this Act, each of the following is a
8 greenhouse gas substance or GHG --
9 (a) a primary greenhouse gas substance, whether in
10 a gaseous or liquid state;
11 (b) subject to subsection (2), a mixture of a
12 substance referred to in paragraph (a) with --
13 (i) 1 or more incidental greenhouse
14 gas-related substances, whether in a
15 gaseous or liquid state, that relate to a
16 substance referred to in paragraph (a);
17 or
18 (ii) a detection agent, whether in a gaseous
19 or liquid state.
20 (2) Subsection (1)(b) applies only if --
21 (a) the mixture consists overwhelmingly of a
22 primary greenhouse gas substance, whether in a
23 gaseous or liquid state; and
24 (b) in a case where the mixture includes a detection
25 agent -- the concentration of the detection
26 agent in the mixture is not more than the
27 concentration prescribed in relation to that
28 detection agent.
29
page 93
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 75
1 75. Section 9 amended
2 In section 9 delete "resources and geothermal energy" and
3 insert:
4
5 resources, geothermal energy and potential GHG storage
6 formations
7
8 Note: The heading to amended section 9 is to read:
9 Certain resources and formations declared to be property of
10 Crown
11 76. Section 10 replaced
12 Delete section 10 and insert:
13
14 10. Reservations in Crown grants and leases
15 (1) Every Crown grant and lease under any Act relating to
16 Crown land issued before the coming into operation of
17 this Act is taken to have contained the reservations set
18 out in subsection (3).
19 (2) Every Crown grant, transfer of Crown land in fee
20 simple and lease under any Act relating to Crown land
21 issued on or after the coming into operation of this Act
22 must contain, or if not containing those reservations, is
23 taken to contain, the reservations set out in
24 subsection (3).
25 (3) For subsections (1) and (2), the reservations are --
26 (a) a reservation of all petroleum, regulated
27 substances, geothermal energy resources,
28 geothermal energy and potential GHG storage
29 formations on or below the surface of the land
30 comprised in the Crown grant, lease or transfer;
31 and
page 94
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 77
1 (b) a reservation of the right of access, subject to
2 and in accordance with this Act --
3 (i) for the purpose of searching for and for
4 the operations of obtaining petroleum,
5 regulated substances, geothermal energy
6 resources or geothermal energy in or on
7 any part of the land; or
8 (ii) for the purpose of carrying out GHG
9 operations in or on any part of the land.
10
11 77. Section 11 amended
12 (1) Before section 11(1) insert:
13
14 (1A) In this section --
15 unallocated Crown land means Crown land --
16 (a) in which no interest is known to exist, but in
17 which native title as defined in the Native Title
18 Act 1993 (Commonwealth) section 223 may or
19 may not exist; and
20 (b) which is not reserved, declared or otherwise
21 dedicated under the Land Administration
22 Act 1997 or any other written law.
23
24 (2) In section 11(1)(a) delete "vacant" and insert:
25
26 unallocated
27
page 95
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 78
1 78. Section 15 amended
2 In section 15(1) delete "43D, 48C" and insert:
3
4 38A, 43D, 43DAA, 48C, 48CAA
5
6 79. Section 15A amended
7 In section 15A(1):
8 (a) in paragraph (d) delete "energy," and insert:
9
10 energy; or
11
12 (b) after paragraph (d) insert:
13
14 (e) carrying out GHG operations,
15
16 80. Section 16 amended
17 In section 16(1):
18 (a) in paragraph (b) delete "energy," and insert:
19
20 energy; or
21
22 (b) after paragraph (b) insert:
23
24 (c) carrying out GHG operations,
25
page 96
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 81
1 81. Section 17 amended
2 In section 17(3) delete "resources or geothermal energy" and
3 insert:
4
5 resources, geothermal energy or potential GHG storage
6 formations
7
8 82. Section 24 amended
9 In section 24(2) delete "resources or geothermal energy" and
10 insert:
11
12 resources, geothermal energy or potential GHG storage
13 formations
14
15 83. Part III heading replaced
16 Delete the heading to Part III and insert:
17
18 Part 3 -- Operations relating to recovery of
19 petroleum, regulated substances and geothermal
20 energy or GHG injection and storage
21
22 84. Section 26 amended
23 In section 26 after "Petroleum" insert:
24
25 and Greenhouse Gas Storage
26
page 97
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 85
1 85. Section 28 amended
2 (1) After section 28(1a) insert:
3
4 (1B) The Minister may, by instrument published in the
5 Gazette, declare that a block specified in the instrument
6 (not being a block in respect of which a GHG
7 exploration permit, GHG drilling reservation, GHG
8 retention lease or GHG injection licence is in force)
9 must not be the subject of a GHG exploration permit,
10 GHG drilling reservation, GHG retention lease, GHG
11 injection licence, GHG special prospecting authority or
12 GHG access authority.
13
14 (2) After section 28(3) insert:
15
16 (4) While a declaration under subsection (1B) remains in
17 force in respect of a block, a GHG exploration permit,
18 GHG drilling reservation, GHG retention lease, GHG
19 injection licence, GHG special prospecting authority or
20 GHG access authority must not be granted in respect of
21 that block.
22
23 86. Section 29 amended
24 (1) Before section 29(1) insert:
25
26 (1AA) In this section --
27 explore for, in relation to petroleum, a regulated
28 substance, geothermal energy resources, a potential
29 GHG storage formation or a potential GHG injection
30 site, includes to conduct any geophysical survey the
31 data from which is intended for use in the search for
32 petroleum, a regulated substance, geothermal energy
page 98
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 86
1 resources, a potential GHG storage formation or a
2 potential GHG injection site.
3
4 (2) In section 29(1) delete the Penalty and insert:
5
6 Penalty for this subsection: imprisonment for 5 years or
7 a fine of $50 000.
8
9 (3) In section 29(2) delete the Penalty and insert:
10
11 Penalty for this subsection: imprisonment for 5 years or
12 a fine of $50 000.
13
14 (4) Delete section 29(3) and insert:
15
16 (3) A person must not explore for a potential GHG storage
17 formation or a potential GHG injection site in the State
18 except --
19 (a) under and in accordance with a GHG
20 exploration permit or a GHG drilling
21 reservation; or
22 (b) as otherwise permitted by this Act.
23 Penalty for this subsection: imprisonment for 5 years or
24 a fine of $50 000.
25
26 Note: The heading to amended section 29 is to read:
27 Exploration for petroleum, regulated substances, geothermal
28 energy resources, potential GHG storage formations and potential
29 GHG injection sites restricted
page 99
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 87
1 87. Section 30 amended
2 After section 30(2) insert:
3
4 (3) The Minister may, in an instrument under
5 subsection (1) inviting applications for the grant of a
6 GHG exploration permit, require that the applications
7 be accompanied by --
8 (a) information concerning the source, volume and
9 composition of the greenhouse gas substance
10 that is proposed to be initially injected and
11 stored; and
12 (b) any other information the Minister considers
13 relevant.
14
15 88. Section 30A inserted
16 After section 30 insert:
17
18 30A. Petroleum or geothermal lessee or licensee to be
19 notified of proposal to advertise certain blocks
20 (1) In this section --
21 relevant title holder means, as the case requires --
22 (a) the petroleum lessee; or
23 (b) the geothermal lessee; or
24 (c) the petroleum licensee; or
25 (d) the geothermal licensee.
26 (2) This section applies if --
27 (a) the Minister proposes to publish an instrument
28 under section 30(1) inviting applications for the
page 100
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 88
1 grant of a GHG exploration permit in respect of
2 a block or blocks that is or are the subject of --
3 (i) a petroleum retention lease; or
4 (ii) a geothermal retention lease; or
5 (iii) a petroleum production licence; or
6 (iv) a geothermal production licence;
7 and
8 (b) at the time of the proposal, the relevant title
9 holder is entitled to apply for the grant of a
10 GHG retention lease or GHG injection licence
11 over the block or blocks.
12 (3) The Minister must, at least 60 days before the proposed
13 publication of the instrument, notify the relevant title
14 holder of the proposed publication.
15 (4) Subsection (5) applies if the relevant title holder makes
16 an application referred to in subsection (2)(b) during
17 the period --
18 (a) beginning when the relevant title holder is
19 given the notification under subsection (3); and
20 (b) ending at the end of the day before the day of
21 proposed publication of the instrument.
22 (5) The Minister must not publish the instrument until --
23 (a) the application lapses; or
24 (b) the relevant title holder withdraws the
25 application; or
26 (c) the Minister refuses to grant the GHG retention
27 lease or GHG injection licence.
28
page 101
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 89
1 89. Section 31 amended
2 After section 31(1)(da) insert:
3
4 (db) in the case of an application for the grant of a
5 GHG exploration permit -- must be
6 accompanied by any information required
7 under section 30(3); and
8
9 90. Section 32A amended
10 In section 32A(1):
11 (a) in paragraph (b) delete "blocks." and insert:
12
13 blocks; or
14
15 (b) after paragraph (b) insert:
16
17 (c) 2 or more applications are made under
18 section 30 for the grant of a GHG exploration
19 permit for the same block or blocks.
20
21 91. Section 32 amended
22 In section 32(4) delete "permit or a geothermal" and insert:
23
24 permit, a geothermal exploration permit or a GHG
25
page 102
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 92
1 92. Section 33 amended
2 (1) In section 33(1)(c) delete "permit, drilling reservation, lease or
3 licence," and insert:
4
5 petroleum exploration permit, petroleum drilling reservation,
6 petroleum retention lease or petroleum production licence,
7
8 (2) In section 33(2)(d) delete "permit, drilling reservation, lease or
9 licence." and insert:
10
11 geothermal exploration permit, geothermal drilling reservation,
12 geothermal retention lease or geothermal production licence.
13
14 Note: The heading to amended section 33 is to read:
15 Application for petroleum exploration permit or geothermal
16 exploration permit for surrendered, cancelled or determined
17 blocks
18 93. Section 35 amended
19 (1) In section 35(1) delete "a permit" and insert:
20
21 a petroleum exploration permit or a geothermal exploration
22 permit, as the case requires,
23
24 (2) In section 35(2) delete "a permit" (last occurrence) and insert:
25
26 a petroleum exploration permit or a geothermal exploration
27 permit, as the case requires,
28
page 103
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 94
1 94. Section 38A inserted
2 After section 38 insert:
3
4 38A. Rights conferred by GHG exploration permit
5 (1) A GHG exploration permit, while it remains in force,
6 authorises the GHG permittee, subject to this Act and
7 in accordance with the conditions to which the
8 GHG exploration permit is subject --
9 (a) to explore for a potential GHG storage
10 formation in the GHG permit area; and
11 (b) to explore for a potential GHG injection site in
12 the GHG permit area; and
13 (c) to inject, on an appraisal basis, a greenhouse
14 gas substance into a part of a geological
15 formation, so long as the relevant well is
16 situated in the GHG permit area; and
17 (d) to store, on an appraisal basis, a greenhouse gas
18 substance in a part of a geological formation, so
19 long as the relevant well is situated in the GHG
20 permit area; and
21 (e) to inject, on an appraisal basis, any of the
22 following into a part of a geological formation
23 for purposes in connection with the exploration
24 authorised by paragraph (a) or (b), so long as
25 the relevant well is situated in the GHG permit
26 area --
27 (i) air;
28 (ii) petroleum;
29 (iii) water;
30 and
31 (f) to store, on an appraisal basis, any of the
32 following in a part of a geological formation for
page 104
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 94
1 purposes in connection with the exploration
2 authorised by paragraph (a) or (b), so long as
3 the relevant well is situated in the GHG permit
4 area --
5 (i) air;
6 (ii) petroleum;
7 (iii) water;
8 and
9 (g) with the written consent of the Minister, to
10 recover petroleum or a regulated substance in
11 the GHG permit area for the sole purpose of
12 appraising a discovery of --
13 (i) petroleum or a regulated substance that
14 was made as an incidental consequence
15 of the exploration authorised by
16 paragraph (a) or (b); or
17 (ii) petroleum that was made as an
18 incidental consequence of the injection
19 authorised by paragraph (c) or (e);
20 and
21 (h) with the written consent of the Minister, to
22 recover geothermal energy in the GHG permit
23 area for the sole purpose of appraising a
24 discovery of geothermal energy resources that
25 was made as an incidental consequence of --
26 (i) the exploration authorised by
27 paragraph (a) or (b); or
28 (ii) the injection authorised by paragraph (c)
29 or (e);
30 and
31 (i) to carry on any operations and execute any
32 works in the GHG permit area that are
33 necessary for those purposes.
page 105
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 95
1 (2) If petroleum or a regulated substance is recovered by
2 the GHG permittee in the GHG permit area as
3 authorised by subsection (1)(g), the petroleum or
4 regulated substance does not become the property of
5 the GHG permittee.
6 (3) If geothermal energy is recovered by the GHG
7 permittee in the GHG permit area as authorised by
8 subsection (1)(h), the geothermal energy does not
9 become the property of the GHG permittee.
10 (4) A GHG exploration permit does not authorise the GHG
11 permittee to make a well outside the GHG permit area.
12
13 95. Section 40 amended
14 (1) In section 40(1) delete "42A and 42B," and insert:
15
16 42A, 42B and 42C,
17
18 (2) In section 40(2) delete "the permit --" and insert:
19
20 a petroleum exploration permit or geothermal exploration
21 permit --
22
23 (3) In section 40(3) delete "the permit" (1st occurrence) and insert:
24
25 a petroleum exploration permit or geothermal exploration
26 permit
27
page 106
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 96
1 (4) After section 40(3) insert:
2
3 (4) An application for the renewal of a GHG exploration
4 permit --
5 (a) subject to subsection (5), must be made in an
6 approved manner --
7 (i) not more than 12 months before the day
8 of expiration of the permit; and
9 (ii) at least 6 months before the day of
10 expiration of the permit;
11 and
12 (b) must be accompanied by the prescribed fee.
13 (5) The Minister may, for reasons that the Minister thinks
14 sufficient, receive an application for the renewal of a
15 GHG exploration permit less than 6 months before, but
16 not in any case after, the day of expiration of the
17 permit.
18
19 96. Section 42A amended
20 (1) In section 42A(1) after "applies to a" insert:
21
22 petroleum exploration permit or geothermal exploration
23
24 (2) In section 42A(2) after "if a" insert:
25
26 petroleum exploration permit or geothermal exploration
27
28 Note: The heading to amended section 42A is to read:
29 Certain petroleum exploration permits and geothermal
30 exploration permits cannot be renewed more than twice
page 107
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 97
1 97. Section 42C inserted
2 After section 42B insert:
3
4 42C. GHG exploration permits cannot be renewed more
5 than once
6 Despite sections 40(1) and 42, if a GHG exploration
7 permit has been renewed once --
8 (a) the permittee is not entitled to apply for a
9 further renewal of the permit; and
10 (b) the Minister cannot grant a further renewal of
11 the permit.
12
13 98. Section 43A amended
14 (1) In section 43A(2) and (2a) before "lease" insert:
15
16 retention
17
18 (2) After section 43A(2a) insert:
19
20 (2B) Applications for the grant of a GHG drilling
21 reservation must not be invited under subsection (1)
22 over any area that is included in an existing GHG
23 exploration permit or an application for a GHG
24 exploration permit, GHG drilling reservation, GHG
25 retention lease or GHG injection licence.
26
27 (3) After section 43A(3) insert:
28
29 (4) The Minister may, in an instrument under
30 subsection (1) inviting applications for the grant of a
page 108
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 99
1 GHG drilling reservation, require that the applications
2 be accompanied by --
3 (a) information concerning the source, volume and
4 composition of the greenhouse gas substance
5 that is proposed to be initially injected and
6 stored; and
7 (b) any other information the Minister considers
8 relevant.
9
10 99. Section 43B amended
11 In section 43B(1):
12 (a) delete paragraph (c) and insert:
13
14 (c) in the case of an application for the grant of a
15 petroleum drilling reservation, must be in
16 respect of a block or blocks containing a
17 potential site of petroleum or regulated
18 substance deposits; and
19 (ca) in the case of an application for the grant of a
20 geothermal drilling reservation, must be in
21 respect of a block or blocks containing a
22 potential site of geothermal energy resources;
23 and
24 (cb) in the case of an application for the grant of a
25 GHG drilling reservation, must be in respect of
26 a block or blocks containing a potential GHG
27 storage formation or potential GHG injection
28 site; and
29
page 109
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 100
1 (b) in paragraph (d)(iv) delete "potential sites of petroleum
2 or regulated substance deposits or geothermal energy
3 resources," and insert:
4
5 potential petroleum or regulated substance deposit sites,
6 potential geothermal energy resources, potential GHG
7 storage formations or potential GHG injection sites,
8
9 (c) after paragraph (da) insert:
10
11 (db) in the case of an application for the grant of a
12 GHG drilling reservation -- must be
13 accompanied by any information required
14 under section 43A(4); and
15
16 100. Section 43CA amended
17 In section 43CA(1):
18 (a) in paragraph (b) delete "blocks." and insert:
19
20 blocks; or
21
22 (b) after paragraph (b) insert:
23
24 (c) 2 or more applications are made under
25 section 43A for the grant of a GHG drilling
26 reservation for the same block or blocks.
27
page 110
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 101
1 101. Section 43C amended
2 In section 43C(1) delete "43B" and insert:
3
4 43A
5
6 102. Section 43DAA inserted
7 After section 43D insert:
8
9 43DAA. Rights conferred by GHG drilling reservation
10 (1) A GHG drilling reservation, while it remains in force,
11 authorises the holder of the GHG drilling reservation,
12 subject to this Act and in accordance with the
13 conditions to which the GHG drilling reservation is
14 subject --
15 (a) to drill for a potential GHG storage formation
16 in the GHG drilling reservation area; and
17 (b) to drill for a potential GHG injection site in the
18 GHG drilling reservation area; and
19 (c) to inject, on an appraisal basis, a greenhouse
20 gas substance into a part of a geological
21 formation, so long as the relevant well is
22 situated in the GHG drilling reservation area;
23 and
24 (d) to store, on an appraisal basis, a greenhouse gas
25 substance in a part of a geological formation, so
26 long as the relevant well is situated in the GHG
27 drilling reservation area; and
28 (e) to inject, on an appraisal basis, any of the
29 following into a part of a geological formation
30 for purposes in connection with the drilling
31 authorised by paragraph (a) or (b), so long as
page 111
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 102
1 the relevant well is situated in the GHG drilling
2 reservation area --
3 (i) air;
4 (ii) petroleum;
5 (iii) water;
6 and
7 (f) to store, on an appraisal basis, any of the
8 following in a part of a geological formation for
9 purposes in connection with the drilling
10 authorised by paragraph (a) or (b), so long as
11 the relevant well is situated in the GHG drilling
12 reservation area --
13 (i) air;
14 (ii) petroleum;
15 (iii) water;
16 and
17 (g) with the written consent of the Minister, to
18 recover petroleum or a regulated substance in
19 the GHG drilling reservation area for the sole
20 purpose of appraising a discovery of --
21 (i) petroleum or a regulated substance that
22 was made as an incidental consequence
23 of the drilling authorised by
24 paragraph (a) or (b); or
25 (ii) petroleum that was made as an
26 incidental consequence of the injection
27 authorised by paragraph (c) or (e);
28 and
page 112
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 102
1 (h) with the written consent of the Minister, to
2 recover geothermal energy in the GHG drilling
3 reservation area for the sole purpose of
4 appraising a discovery of geothermal energy
5 resources that was made as an incidental
6 consequence of --
7 (i) the drilling authorised by paragraph (a)
8 or (b); or
9 (ii) the injection authorised by paragraph (c)
10 or (e);
11 and
12 (i) to carry on any operations and execute any
13 works in the GHG drilling reservation area that
14 are necessary for those purposes.
15 (2) If petroleum or a regulated substance is recovered by
16 the holder of the GHG drilling reservation in the GHG
17 drilling reservation area as authorised by
18 subsection (1)(g), the petroleum or regulated substance
19 does not become the property of the holder of the GHG
20 drilling reservation.
21 (3) If geothermal energy is recovered by the holder of the
22 GHG drilling reservation in the GHG drilling
23 reservation area as authorised by subsection (1)(h), the
24 geothermal energy does not become the property of the
25 holder of the GHG drilling reservation.
26 (4) A GHG drilling reservation does not authorise the
27 holder of the GHG drilling reservation to make a well
28 outside the GHG drilling reservation area.
29
page 113
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 103
1 103. Section 44 replaced
2 Delete section 44 and insert:
3
4 44. Certain discoveries in permit area or drilling
5 reservation area to be notified
6 (1) Subsection (2) applies if any of the following is
7 discovered in a permit area or drilling reservation
8 area --
9 (a) petroleum or a regulated substance;
10 (b) geothermal energy resources;
11 (c) a potential GHG storage formation or potential
12 GHG injection site.
13 (2) The permittee or holder of the drilling reservation, as
14 the case requires, must --
15 (a) immediately inform the Minister of the
16 discovery; and
17 (b) within the period of 3 days after the day of the
18 discovery, give the Minister particulars in
19 writing of the discovery.
20 Penalty for this subsection: a fine of $10 000.
21
22 104. Section 48A amended
23 (1) After section 48A(1a) insert:
24
25 (1B) A permittee whose GHG exploration permit is in force,
26 or the holder of a GHG drilling reservation that is in
27 force, in respect of a block that constitutes, or the
28 blocks that constitute, 1 or more identified GHG
29 storage formations may, within the application period,
30 apply to the Minister for the grant of a GHG retention
page 114
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 104
1 lease in respect of that block, or in respect of 1 or more
2 of those blocks, as the case may be.
3
4 (2) After section 48A(2) insert:
5
6 (2A) An application under subsection (1B) --
7 (a) must be made in an approved manner; and
8 (b) must be accompanied by --
9 (i) particulars of the proposals of the
10 applicant for work and expenditure in
11 respect of the 1 or more identified
12 GHG storage formations in relation to
13 which the application is made; and
14 (ii) an assessment of when the applicant
15 will be in a position to carry on a
16 GHG injection operation in respect of
17 each identified GHG storage formation
18 in relation to which the application is
19 made;
20 and
21 (c) may set out any other matters that the applicant
22 wishes to be considered; and
23 (d) must be accompanied by the prescribed fee.
24
25 (3) In section 48A(4) delete "this section" and insert:
26
27 subsection (1) or (1a)
28
page 115
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 105
1 (4) After section 48A(4) insert:
2
3 (5) The application period in respect of an application
4 under subsection (1B) is --
5 (a) the period of 12 months after --
6 (i) if there is a single identified
7 GHG storage formation -- the day on
8 which the identified GHG storage
9 formation was declared; or
10 (ii) if there are 2 or more identified
11 GHG storage formations -- the earliest
12 day on which any of the identified GHG
13 storage formations was declared;
14 or
15 (b) if the Minister, on application in writing made
16 to the Minister before the end of the period
17 referred to in paragraph (a), allows a further
18 period of not more than 6 months -- that
19 further period.
20
21 105. Section 48B amended
22 (1) After section 48B(2A) insert:
23
24 (2B) On an application under section 48A(1B), the Minister
25 must, by written notice served on the applicant, inform
26 the applicant that the Minister is prepared to grant to
27 the applicant a GHG retention lease in respect of 1 or
28 more of the blocks specified in the application if --
29 (a) the applicant gives any further information as
30 and when required by the Minister under
31 section 48A(3); and
page 116
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 105
1 (b) the Minister is satisfied that --
2 (i) the area comprised in the block, or
3 any 1 or more of the blocks, specified in
4 the application contains an identified
5 GHG storage formation; and
6 (ii) the applicant is not, at the time of the
7 application, in a position to carry on a
8 GHG injection operation in respect of
9 the identified GHG storage formation
10 but is likely to be in that position within
11 the period of 10 years after that time.
12
13 (2) In section 48B(2)(b) delete "(1)(c) or (2A)(c)," and insert:
14
15 (1)(c), (2A)(c) or (2B)(b),
16
17 (3) In section 48B(3A):
18 (a) in paragraph (b) delete "(1)(c) or (2A)(c)," and insert:
19
20 (1)(c), (2A)(c) or (2B)(b),
21
22 (b) delete "(1)(c) or (2A)(c)." and insert:
23
24 (1)(c), (2A)(c) or (2B)(b).
25
26 (4) In section 48B(3) and (4) delete "(1) or (2A)" and insert:
27
28 (1), (2A) or (2B)
29
page 117
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 106
1 (5) In section 48B(5):
2 (a) delete "(1) or (2A)" and insert:
3
4 (1), (2A) or (2B)
5
6 (b) delete "lease or geothermal" and insert:
7
8 lease, geothermal retention lease or GHG
9
10 (6) In section 48B(6) delete "(1) or (2A)" and insert:
11
12 (1), (2A) or (2B)
13
14 106. Section 48BA amended
15 In section 48BA(b) after "(2A)," insert:
16
17 (2B),
18
19 107. Sections 48BB to 48BD inserted
20 After section 48BA insert:
21
22 48BB. Application by petroleum or geothermal lessee for
23 GHG retention lease
24 (1) A petroleum lessee may apply to the Minister for the
25 grant of a GHG retention lease in respect of 1 or more
26 of the blocks specified in the application if --
27 (a) the petroleum retention lease is in force in
28 respect of the block or blocks; and
page 118
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 107
1 (b) 1 or more identified GHG storage formations
2 are wholly situated in the petroleum lease area;
3 and
4 (c) none of the following is in force in respect of
5 the block or blocks --
6 (i) a GHG exploration permit;
7 (ii) a GHG injection licence;
8 (iii) a GHG retention lease.
9 (2) A geothermal lessee may apply to the Minister for the
10 grant of a GHG retention lease in respect of 1 or more
11 of the blocks specified in the application if --
12 (a) the geothermal retention lease is in force in
13 respect of the block or blocks; and
14 (b) 1 or more identified GHG storage formations
15 are wholly situated in the geothermal lease
16 area; and
17 (c) none of the following is in force in respect of
18 the block or blocks --
19 (i) a GHG exploration permit;
20 (ii) a GHG injection licence;
21 (iii) a GHG retention lease.
22 (3) An application under subsection (1) or (2) --
23 (a) must be made in an approved manner; and
24 (b) must be accompanied by --
25 (i) particulars of the proposals of the
26 applicant for work and expenditure in
27 respect of the 1 or more identified GHG
28 storage formations in relation to which
29 the application is made; and
30 (ii) an assessment of when the applicant
31 will be in a position to carry on a
32 GHG injection operation in respect of
page 119
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 107
1 each identified GHG storage formation
2 in relation to which the application is
3 made;
4 and
5 (c) may set out any other matters that the applicant
6 wishes to be considered; and
7 (d) must be accompanied by the prescribed fee.
8 (4) The Minister may, at any time and by instrument in
9 writing served on the applicant, require the applicant to
10 give the Minister, within the period specified in the
11 instrument, further information in writing in connection
12 with the application.
13 48BC. Grant or refusal of GHG retention lease in relation
14 to application by petroleum or geothermal lessee
15 (1) On an application under section 48BB(1) or (2), the
16 Minister must, by written notice served on the
17 applicant, inform the applicant that the Minister is
18 prepared to grant to the applicant a GHG retention
19 lease in respect of 1 or more of the blocks specified in
20 the application if --
21 (a) the applicant gives any further information as
22 and when required by the Minister under
23 section 48BB(4); and
24 (b) the Minister is satisfied that --
25 (i) the area comprised in the block, or any
26 1 or more of the blocks, specified in the
27 application contains an identified GHG
28 storage formation; and
29 (ii) the applicant is not, at the time of the
30 application, in a position to carry on a
31 GHG injection operation in respect of
32 the identified GHG storage formation
page 120
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 107
1 but is likely to be in that position within
2 the period of 10 years after that time.
3 (2) On an application under section 48BB(1) or (2), the
4 Minister must, by written notice served on the
5 applicant, refuse to grant a GHG retention lease to the
6 applicant if --
7 (a) the applicant has not given any further
8 information as and when required by the
9 Minister under section 48BB(4); or
10 (b) the Minister is not satisfied as to the matters
11 referred to in subsection (1)(b).
12 (3) A notice under subsection (1) must contain --
13 (a) a summary of the conditions subject to which
14 the lease is to be granted; and
15 (b) a statement to the effect that the application
16 will lapse if the applicant does not make a
17 request under subsection (4) in respect of the
18 grant of the lease.
19 (4) An applicant on whom a notice is served under
20 subsection (1) may request the Minister to grant the
21 lease to the applicant.
22 (5) The request must be in writing and must be made --
23 (a) before the end of the period of 1 month after
24 the day of service of the notice on the applicant
25 under subsection (1); or
26 (b) if the Minister, on application in writing made
27 to the Minister before the end of that period,
28 allows a further period of not more than
29 1 month for the making of the request -- before
30 the end of that further period.
page 121
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 108
1 (6) If the applicant makes the request within the period
2 applicable under subsection (5), the Minister must
3 grant to the applicant a GHG retention lease in respect
4 of the block or blocks specified in the notice under
5 subsection (1).
6 (7) If the applicant does not make the request within the
7 period applicable under subsection (5), the application
8 lapses at the end of that period.
9 48BD. Application of s. 48BB and 48BC if petroleum or
10 geothermal retention lease is transferred
11 (1) This section applies if a transfer of a petroleum
12 retention lease or geothermal retention lease is
13 registered under section 72 --
14 (a) after an application is made under
15 section 48BB(1) or (2) in relation to a block or
16 blocks in respect of which the petroleum
17 retention lease or geothermal retention lease is
18 in force; and
19 (b) before a decision is made by the Minister under
20 section 48BC(1) or (2) in relation to the
21 application.
22 (2) Sections 48BB and 48BC have effect, after the time of
23 the transfer, as if any reference in those sections to the
24 applicant were a reference to the transferee.
25
26 108. Section 48CA amended
27 (1) In section 48CA(1) before "licensee" insert:
28
29 petroleum
30
page 122
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 108
1 (2) In section 48CA(2) before "licensee" insert:
2
3 geothermal
4
5 (3) After section 48CA(2) insert:
6
7 (2A) Subsection (2B) applies if --
8 (a) a GHG injection licence is in force in respect of
9 a block or blocks; and
10 (b) 1 or more identified GHG storage formations
11 are wholly situated in the GHG licence area.
12 (2B) The GHG licensee may, within the application period,
13 apply to the Minister for the grant of a GHG retention
14 lease in respect of the block or blocks.
15 (2C) Subsection (2D) applies if --
16 (a) a petroleum production licence is in force in
17 respect of a block or blocks; and
18 (b) a single identified GHG storage formation
19 extends to the block or blocks; and
20 (c) none of the following is in force in respect of
21 the block or blocks --
22 (i) a GHG exploration permit;
23 (ii) a GHG injection licence;
24 (iii) a GHG retention lease.
25 (2D) The petroleum licensee may apply to the Minister for
26 the grant of a GHG retention lease in respect of the
27 block or blocks.
28 (2E) Subsection (2F) applies if --
29 (a) a geothermal production licence is in force in
30 respect of a block or blocks; and
page 123
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 108
1 (b) a single identified GHG storage formation
2 extends to the block or blocks; and
3 (c) none of the following is in force in respect of
4 the block or blocks --
5 (i) a GHG exploration permit;
6 (ii) a GHG injection licence;
7 (iii) a GHG retention lease.
8 (2F) The geothermal licensee may apply to the Minister for
9 the grant of a GHG retention lease in respect of the
10 block or blocks.
11
12 (4) Delete section 48CA(3)(b) and insert:
13
14 (b) must be accompanied by particulars of the
15 proposals of the applicant for work and
16 expenditure in respect of --
17 (i) in the case of an application under
18 subsection (1) or (2), the unused area;
19 and
20 (ii) in the case of an application under
21 subsection (2B), (2D) or (2F), the block
22 or blocks specified in the application;
23 and
24
25 (5) After section 48CA(5) insert:
26
27 (5A) An application under subsection (2B), (2D) or (2F)
28 must also be accompanied by --
29 (a) particulars of the proposals of the applicant for
30 work and expenditure in respect of the 1 or
31 more identified GHG storage formations in
32 relation to which the application is made; and
page 124
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 109
1 (b) an assessment of when the applicant will be in a
2 position to carry on a GHG injection operation
3 in respect of each identified GHG storage
4 formation in relation to which the application is
5 made.
6
7 (6) After section 48CA(8) insert:
8
9 (9) The application period in respect of an application
10 under subsection (2B) by a GHG licensee is the period
11 of 5 years beginning on --
12 (a) the day on which the GHG injection licence is
13 granted; or
14 (b) if any GHG injection operations have been
15 carried on under the licence in respect of the
16 GHG licence area -- the last day on which
17 those operations are carried on.
18
19 109. Section 48CB amended
20 (1) After section 48CB(2) insert:
21
22 (2A) Subsection (2B) applies if --
23 (a) an application is made under
24 section 48CA(2B), (2D) or (2F); and
25 (b) the applicant gives any further information as
26 and when required by the Minister under
27 section 48CA(6); and
28 (c) the Minister is satisfied that the applicant is not,
29 at the time of the application, in a position to --
30 (i) inject a greenhouse gas substance into
31 the identified GHG storage formation,
page 125
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 109
1 or at least 1 of the identified GHG
2 storage formations, concerned; and
3 (ii) store the greenhouse gas substance in
4 the identified GHG storage formation,
5 or at least 1 of the identified GHG
6 storage formations, concerned;
7 and
8 (d) the Minister is satisfied that the applicant is
9 likely to be in the position referred to in
10 paragraph (c) within 10 years; and
11 (e) the Minister is satisfied of the matters
12 prescribed by the regulations.
13 (2B) The Minister must, by written notice served on the
14 applicant, inform the applicant that the Minister is
15 prepared to grant to the applicant a GHG retention
16 lease in respect of the block or blocks specified in the
17 application.
18
19 (2) In section 48CB(3):
20 (a) delete "48CA and --" and insert:
21
22 48CA(1) or (2) and --
23
24 (b) delete "lease" and insert:
25
26 petroleum retention lease or geothermal retention lease,
27 as the case requires,
28
page 126
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 109
1 (3) After section 48CB(3) insert:
2
3 (3A) Subsection (3B) applies if an application has been
4 made under section 48CA(2B), (2D) or (2F) and --
5 (a) the applicant has not given further information
6 as and when required by the Minister under
7 section 48CA(6); or
8 (b) the Minister is not satisfied as mentioned in
9 subsection (2A)(c), (d) or (e) in relation to the
10 block or blocks specified in the application.
11 (3B) The Minister must, by written notice served on the
12 applicant, refuse to grant a GHG retention lease to the
13 applicant.
14
15 (4) In section 48CB(4) and (5) delete "(1) or (2)" and insert:
16
17 (1), (2) or (2B)
18
19 (5) In section 48CB(6)(a) delete "(1) or (2); or" and insert:
20
21 (1), (2) or (2B); or
22
23 (6) Delete section 48CB(7) and insert:
24
25 (7) If an applicant makes a request within the period
26 applicable under subsection (6), the Minister must --
27 (a) in the case of a request for a petroleum
28 retention lease, grant a petroleum retention
29 lease in respect of the unused area; or
page 127
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 110
1 (b) in the case of a request for a geothermal
2 retention lease, grant a geothermal retention
3 lease in respect of the unused area; or
4 (c) in the case of a request for a GHG retention
5 lease, grant a GHG retention lease in respect of
6 the block or blocks to which the request relates.
7
8 (7) In section 48CB(9):
9 (a) delete "lease" and insert:
10
11 petroleum retention lease or geothermal retention lease
12
13 (b) delete "licence" and insert:
14
15 petroleum production licence or geothermal production
16 licence, as the case requires,
17
18 (8) After section 48CB(9) insert:
19
20 (10) On the day on which a GHG retention lease granted
21 under this section in respect of a block or blocks comes
22 into force, any GHG injection licence ceases to be in
23 force in respect of the block or blocks.
24
25 110. Section 48CC amended
26 In section 48CC(b) delete "(2) or (3)" and insert:
27
28 (2), (2B), (3) or (3B)
29
page 128
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 111
1 111. Section 48CAA inserted
2 After section 48C insert:
3
4 48CAA. Rights conferred by GHG retention lease
5 (1) A GHG retention lease, while it remains in force,
6 authorises the GHG lessee, subject to this Act and in
7 accordance with the conditions to which the
8 GHG retention lease is subject --
9 (a) to explore for a potential GHG storage
10 formation in the GHG lease area; and
11 (b) to explore for a potential GHG injection site in
12 the GHG lease area; and
13 (c) to inject, on an appraisal basis, a greenhouse
14 gas substance into a part of the identified
15 GHG storage formation, so long as the relevant
16 well is situated in the GHG lease area; and
17 (d) to store, on an appraisal basis, a greenhouse gas
18 substance in a part of the identified
19 GHG storage formation, so long as the relevant
20 well is situated in the GHG lease area; and
21 (e) to inject, on an appraisal basis, any of the
22 following into a part of the identified GHG
23 storage formation for purposes in connection
24 with the exploration authorised by
25 paragraph (a) or (b), so long as the relevant
26 well is situated in the GHG lease area --
27 (i) air;
28 (ii) petroleum;
29 (iii) water;
30 and
31 (f) to store, on an appraisal basis, any of the
32 following in a part of the identified GHG
page 129
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 111
1 storage formation for purposes in connection
2 with the exploration authorised by
3 paragraph (a) or (b), so long as the relevant
4 well is situated in the GHG lease area --
5 (i) air;
6 (ii) petroleum;
7 (iii) water;
8 and
9 (g) with the written consent of the Minister, to
10 recover petroleum or a regulated substance in
11 the GHG lease area for the sole purpose of
12 appraising a discovery of --
13 (i) petroleum or a regulated substance that
14 was made as an incidental consequence
15 of the exploration authorised by
16 paragraph (a) or (b); or
17 (ii) petroleum that was made as an
18 incidental consequence of the injection
19 authorised by paragraph (c) or (e);
20 and
21 (h) with the written consent of the Minister, to
22 recover geothermal energy in the GHG lease
23 area for the sole purpose of appraising a
24 discovery of geothermal energy resources that
25 was made as an incidental consequence of --
26 (i) the exploration authorised by
27 paragraph (a) or (b); or
28 (ii) the injection authorised by paragraph (c)
29 or (e);
30 and
31 (i) to carry on any operations and execute any
32 works in the GHG lease area that are necessary
33 for those purposes.
page 130
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 112
1 (2) If petroleum or a regulated substance is recovered by
2 the GHG lessee in the GHG lease area as authorised by
3 subsection (1)(g), the petroleum or regulated substance
4 does not become the property of the GHG lessee.
5 (3) If geothermal energy is recovered by the GHG lessee in
6 the GHG lease area as authorised by subsection (1)(h),
7 the geothermal energy does not become the property of
8 the GHG lessee.
9 (4) A GHG retention lease does not authorise the GHG
10 lessee to make a well outside the GHG lease area.
11
12 112. Section 48E amended
13 (1) Delete section 48E(1) and (2) and insert:
14
15 (1) Subsection (2) applies if --
16 (a) a lessee has been given a notice of the kind
17 referred to in section 48H(3A) during the term
18 of the lease and has carried out, and has
19 informed the Minister of the results of, the
20 re-evaluation required by the notice; and
21 (b) the lessee has not applied for the renewal of the
22 lease; and
23 (c) after consideration of the results of the
24 re-evaluation referred to in paragraph (a) and
25 any other matters that the Minister thinks fit,
26 the Minister is of the opinion that any of the
27 following applies --
28 (i) recovery of petroleum or a regulated
29 substance from the petroleum lease area
30 is commercially viable;
page 131
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 112
1 (ii) recovery of geothermal energy from the
2 geothermal lease area is commercially
3 viable;
4 (iii) the lessee is in a position to carry on a
5 GHG injection operation in the GHG
6 lease area.
7 (2) The Minister may serve on the lessee and on any other
8 person that the Minister thinks appropriate an
9 instrument in writing --
10 (a) informing the lessee and the other person that
11 the Minister is of the opinion referred to in
12 subsection (1)(c) and that the Minister intends
13 to cancel the lease; and
14 (b) stating that the lessee or the other person may
15 serve an instrument in writing on the Minister
16 within the period specified in the
17 first-mentioned instrument, not being a period
18 ending earlier than 1 month after the day of
19 service of the first-mentioned instrument,
20 setting out any matters that the lessee or other
21 person (as the case requires) wishes to be
22 considered.
23 (2A) Subsection (2B) applies if --
24 (a) an instrument under subsection (2) is served on
25 a lessee; and
26 (b) either --
27 (i) the lessee does not, within the period
28 referred to in subsection (2)(b), serve on
29 the Minister an instrument setting out
30 matters that the lessee wishes to be
31 considered; or
32 (ii) the Minister, after consideration of
33 matters set out in an instrument served
34 on the Minister by the lessee within the
page 132
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 113
1 period referred to in subsection (2)(b),
2 determines that the lease should be
3 cancelled.
4 (2B) The Minister must, by instrument in writing served on
5 the lessee, cancel the lease.
6
7 (2) In section 48E(3) delete "(2)" and insert:
8
9 (2B)
10
11 (3) In section 48E(4) delete "(2)," and insert:
12
13 (2B),
14
15 113. Section 48F amended
16 (1) In section 48F(2) before "lease --" insert:
17
18 petroleum retention lease or geothermal retention
19
20 (2) After section 48F(2) insert:
21
22 (2A) An application for the renewal of a GHG retention
23 lease --
24 (a) subject to subsection (3), must be made in an
25 approved manner not less than 6 months or
26 more than 12 months before the day on which
27 the lease ceases to be in force; and
page 133
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 114
1 (b) must be accompanied by --
2 (i) particulars of the proposals of the
3 applicant for work and expenditure in
4 respect of the lease area; and
5 (ii) any other information specified in the
6 regulations;
7 and
8 (c) must be accompanied by the prescribed fee.
9
10 114. Section 48G amended
11 (1) Delete section 48G(1) and (2) and insert:
12
13 (1) Subsections (1A) and (1B) apply if --
14 (a) an application for the renewal of a lease is
15 made under section 48F(1); and
16 (b) the applicant gives any further information as
17 and when required by the Minister under
18 section 48F(4); and
19 (c) in the case of a petroleum retention lease or a
20 geothermal retention lease, the Minister is
21 satisfied that recovery of petroleum or a
22 regulated substance from the petroleum lease
23 area or geothermal energy from the geothermal
24 lease area, as the case requires --
25 (i) is not, at the time of the application,
26 commercially viable; and
27 (ii) is likely to become commercially viable
28 within the period of 15 years after that
29 time;
30 and
page 134
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 114
1 (d) in the case of a GHG retention lease, the
2 Minister is satisfied that the applicant --
3 (i) is not, at the time of the application, in a
4 position to carry on a GHG injection
5 operation in the GHG lease area; and
6 (ii) is likely to be in that position within the
7 period of 10 years after that time.
8 (1A) The Minister must inform the applicant, by instrument
9 in writing served on the applicant, that the Minister is
10 prepared to grant to the applicant the renewal of the
11 lease if the following have been complied with --
12 (a) the conditions to which the lease is, or has from
13 time to time been, subject;
14 (b) the provisions of this Part and of the
15 regulations.
16 (1B) The Minister may inform the applicant, by instrument
17 in writing served on the applicant, that the Minister is
18 prepared to grant to the applicant the renewal of the
19 lease if --
20 (a) any condition to which the lease is, or has from
21 time to time been, subject or any provision of
22 this Part or the regulations has not been
23 complied with; and
24 (b) the Minister is, nevertheless, satisfied that
25 special circumstances exist that justify the
26 granting of the renewal of the lease.
27 (2) Subject to subsection (3), if an application for the
28 renewal of a lease is made under section 48F(1), the
29 Minister must, by instrument in writing served on the
30 applicant, refuse to grant the renewal of the lease if --
31 (a) the applicant has not given any further
32 information as and when required by the
33 Minister under section 48F(4); or
page 135
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 114
1 (b) the Minister is not satisfied as to the matters
2 referred to in subsection (1)(c) or (d),
3 whichever is applicable; or
4 (c) both of the following apply --
5 (i) any condition to which the lease is, or
6 has from time to time been, subject or
7 any provision of this Part or the
8 regulations has not been complied with;
9 (ii) the Minister is not satisfied that special
10 circumstances exist that justify the
11 granting of the renewal of the lease.
12
13 (2) In section 48G(4) delete "(1)" and insert:
14
15 (1A) or (1B)
16
17 (3) In section 48G(5) delete "(1)(c)(i)," and insert:
18
19 (1)(c)(i) or (d)(i),
20
21 (4) In section 48G(6), (7) and (8) delete "(1)" and insert:
22
23 (1A) or (1B)
24
25 (5) In section 48G(10) delete "(1)(c)(i)," and insert:
26
27 (1)(c)(i) or (d)(i),
28
page 136
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 115
1 115. Section 48GA inserted
2 After section 48G insert:
3
4 48GA. GHG retention lease cannot be renewed more
5 than once
6 Despite sections 48F and 48G, if a GHG retention lease
7 is renewed once --
8 (a) the GHG lessee is not entitled to apply for a
9 further renewal of the GHG retention lease; and
10 (b) the Minister cannot grant a further renewal of
11 the GHG retention lease.
12
13 116. Section 48H amended
14 (1) Delete section 48H(3) and insert:
15
16 (3) A lease is taken to contain a condition that the lessee
17 will within the required period --
18 (a) re-evaluate, as the case requires --
19 (i) the commercial viability of the recovery
20 of petroleum or a regulated substance
21 from the petroleum lease area
22 (otherwise than by the drilling of wells);
23 or
24 (ii) the commercial viability of the recovery
25 of geothermal energy from the
26 geothermal lease area (otherwise than
27 by the drilling of wells); or
28 (iii) whether or not the lessee is in a position
29 to carry on a GHG injection operation in
30 the GHG lease area;
31 and
page 137
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 117
1 (b) inform the Minister in writing of the results of
2 the re-evaluation.
3 (3A) For the purposes of subsection (3), the required period
4 is --
5 (a) 3 months after the receipt of a written notice
6 from the Minister requesting the lessee to
7 comply with subsection (3); or
8 (b) any further period that the Minister, on
9 application in writing served on the Minister
10 before the end of the period mentioned in
11 paragraph (a), allows.
12
13 (2) In section 48H(4) delete "(3)" and insert:
14
15 (3A)
16
17 117. Section 48J replaced
18 Delete section 48J and insert:
19
20 48J. Certain discoveries in lease area to be notified
21 (1) Subsection (2) applies if any of the following is
22 discovered in a lease area --
23 (a) petroleum or a regulated substance;
24 (b) geothermal energy resources;
25 (c) a potential GHG storage formation or potential
26 GHG injection site.
27 (2) The lessee must --
28 (a) immediately inform the Minister of the
29 discovery; and
page 138
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 118
1 (b) within the period of 3 days after the day of the
2 discovery, give the Minister particulars in
3 writing of the discovery.
4 Penalty for this subsection: a fine of $10 000.
5
6 118. Part III Division 3 heading amended
7 In the heading to Part III Division 3 after "licences" insert:
8
9 and GHG injection licences
10
11 119. Section 49 amended
12 (1) In section 49(1) delete the Penalty and insert:
13
14 Penalty for this subsection: imprisonment for 5 years or
15 a fine of $50 000.
16
17 (2) In section 49(2) delete the Penalty and insert:
18
19 Penalty for this subsection: imprisonment for 5 years or
20 a fine of $50 000.
21
22 120. Section 49A inserted
23 After section 49 insert:
24
25 49A. GHG injection operations in State
26 A person must not carry on GHG injection operations
27 in the State except --
28 (a) under and in accordance with a GHG injection
29 licence; or
page 139
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 121
1 (b) as otherwise permitted by this Act.
2 Penalty: imprisonment for 5 years or a fine of $50 000.
3
4 121. Section 50 amended
5 (1) In section 50(1) before "permittee" insert:
6
7 petroleum
8
9 (2) In section 50(1a) before "permittee" insert:
10
11 geothermal
12
13 (3) In section 50(2):
14 (a) delete "A permittee whose" and insert:
15
16 A petroleum permittee whose petroleum exploration
17
18 (b) before "drilling reservation" (2nd occurrence) insert:
19
20 petroleum
21
22 (c) in paragraph (a) delete "or (1a)";
23 (d) in paragraph (a) before "licence" insert:
24
25 petroleum production
26
27 (e) in paragraph (b) before "licence" (1st occurrence) insert:
28
29 petroleum production
30
page 140
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 122
1 (4) In section 50(3)(b) delete "permittee or the holder of a
2 petroleum drilling reservation who is the holder of a petroleum"
3 and insert:
4
5 permittee, or the holder of a petroleum drilling reservation, who
6 is the holder of a petroleum production
7
8 (5) In section 50(4) delete "a permittee or the holder of a drilling
9 reservation" and insert:
10
11 a petroleum permittee, the holder of a petroleum drilling
12 reservation, a geothermal permittee or the holder of a
13 geothermal drilling reservation
14
15 Note: The heading to amended section 50 is to read:
16 Application by petroleum or geothermal permittee or holder of
17 petroleum or geothermal drilling reservation for petroleum
18 production licence or geothermal production licence
19 122. Section 50AA inserted
20 After section 50 insert:
21
22 50AA. Application by GHG permittee or holder of GHG
23 drilling reservation for GHG injection licence
24 (1) A GHG permittee whose GHG exploration permit is in
25 force, or the holder of a GHG drilling reservation that
26 is in force, in respect of a block that constitutes, or the
27 blocks that constitute, 1 or more identified GHG
28 storage formations may apply to the Minister for the
29 grant of a GHG injection licence in respect of --
30 (a) the block that constitutes the 1 or more
31 identified GHG storage formations; or
page 141
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 122
1 (b) all of the blocks that constitute the 1 or more
2 identified GHG storage formations; or
3 (c) some of the blocks that constitute the 1 or more
4 identified GHG storage formations.
5 (2) Subject to subsection (4), an application under
6 subsection (1) must be made within --
7 (a) the period of 12 months after --
8 (i) if there is a single identified GHG
9 storage formation -- the day on which
10 the identified GHG storage formation
11 was declared; or
12 (ii) if there are 2 or more identified GHG
13 storage formations -- the earliest day on
14 which any of the identified GHG
15 storage formations was declared;
16 or
17 (b) if the Minister, on application in writing made
18 to the Minister before the end of the period
19 referred to in paragraph (a), allows a further
20 period of not more than 6 months -- that
21 further period.
22 (3) Subsection (4) applies if --
23 (a) an application under subsection (1) (the licence
24 application) relates to a block or blocks in
25 respect of which the GHG permittee or the
26 holder of the GHG drilling reservation, as the
27 case requires, has applied for a GHG retention
28 lease under section 48A(1B); and
29 (b) an instrument refusing to grant the GHG
30 retention lease is served on the GHG permittee
31 or the holder of the GHG drilling reservation
32 under section 48B(2).
page 142
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 123
1 (4) The licence application must be made within
2 12 months after the day of service of the instrument.
3
4 123. Section 50A amended
5 (1) In section 50A(1):
6 (a) before "lessee" insert:
7
8 petroleum
9
10 (b) after "petroleum" (1st occurrence) insert:
11
12 retention
13
14 (2) Delete section 50A(1a) and insert:
15
16 (1A) A geothermal lessee whose geothermal retention lease
17 is in force may apply to the Minister for the grant of a
18 geothermal production licence --
19 (a) if the lease is in respect of 2 or more blocks, in
20 respect of all of those blocks; or
21 (b) if the lease is in respect of 1 block, in respect of
22 that block.
23 (1B) A GHG lessee whose GHG retention lease is in force
24 may apply to the Minister for the grant of a GHG
25 injection licence --
26 (a) if the lease is in respect of 2 or more blocks, in
27 respect of all of those blocks; or
28 (b) if the lease is in respect of 1 block, in respect of
29 that block.
30 (1C) A petroleum lessee whose petroleum retention lease is
31 in force in respect of a block or blocks may apply to
page 143
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 123
1 the Minister for the grant of a GHG injection licence
2 over the block or blocks if --
3 (a) a single identified GHG storage formation
4 extends to the block or blocks; and
5 (b) none of the following is in force in respect of
6 the block or blocks --
7 (i) a GHG exploration permit;
8 (ii) a GHG injection licence;
9 (iii) a GHG retention lease.
10 (1D) A geothermal lessee whose geothermal retention lease
11 is in force in respect of a block or blocks may apply to
12 the Minister for the grant of a GHG injection licence
13 over the block or blocks if --
14 (a) a single identified GHG storage formation
15 extends to the block or blocks; and
16 (b) none of the following is in force in respect of
17 the block or blocks --
18 (i) a GHG exploration permit;
19 (ii) a GHG injection licence;
20 (iii) a GHG retention lease.
21
22 (3) In section 50A(2):
23 (a) before "lease" insert:
24
25 petroleum retention
26
27 (b) before "lessee" insert:
28
29 petroleum
30
31 (c) delete "or (1a)";
page 144
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 124
1 (d) before "licence" insert:
2
3 petroleum production
4
5 (4) In section 50A(3):
6 (a) before "lease concerned" insert:
7
8 petroleum retention
9
10 (b) before "licence" insert:
11
12 petroleum production
13
14 (c) before "lease." insert:
15
16 petroleum retention
17
18 124. Section 50B inserted
19 After section 50A insert:
20
21 50B. Application by petroleum or geothermal licensee for
22 GHG injection licence
23 (1) A petroleum licensee whose petroleum production
24 licence is in force in respect of a block or blocks may
25 apply to the Minister for the grant of a GHG injection
26 licence over the block or blocks if --
27 (a) a single identified GHG storage formation
28 extends to the block or blocks; and
29 (b) none of the following is in force in respect of
30 the block or blocks --
31 (i) a GHG exploration permit;
page 145
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 125
1 (ii) a GHG injection licence;
2 (iii) a GHG retention lease.
3 (2) A geothermal licensee whose geothermal production
4 licence is in force in respect of a block or blocks may
5 apply to the Minister for the grant of a GHG injection
6 licence over the block or blocks if --
7 (a) a single identified GHG storage formation
8 extends to the block or blocks; and
9 (b) none of the following is in force in respect of
10 the block or blocks --
11 (i) a GHG exploration permit;
12 (ii) a GHG injection licence;
13 (iii) a GHG retention lease.
14
15 125. Section 51 amended
16 In section 51(1):
17 (a) delete "50 or 50A --" and insert:
18
19 50, 50AA, 50A or 50B --
20
21 (b) after paragraph (ca) insert:
22
23 (cb) must, in the case of an application for the grant
24 of a GHG injection licence, specify the source,
25 volume and composition of the greenhouse gas
26 substance to be initially injected and stored; and
27
28 Note: The heading to amended section 51 is to read:
29 Requirements for application for licence under s. 50, 50AA, 50A
30 or 50B
page 146
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 126
1 126. Section 53 amended
2 (1) In section 53(1)(a) delete "50A; and" and insert:
3
4 50A(1); and
5
6 (2) In section 53(2A)(a) delete "50A; and" and insert:
7
8 50A(1A); and
9
10 (3) After section 53(2A) insert:
11
12 (2B) On an application under section 50AA(1), 50A(1B),
13 (1C) or (1D) or 50B(1) or (2) for the grant of a GHG
14 injection licence, the Minister must, by written notice
15 served on the applicant, inform the applicant that the
16 Minister is prepared to grant the licence in respect of 1
17 or more of the blocks specified in the application if --
18 (a) the applicant gives any further information as
19 and when required by the Minister under
20 section 51(2); and
21 (b) the Minister is satisfied that the area comprised
22 in the block, or any 1 or more of the blocks,
23 specified in the application contains an
24 identified GHG storage formation.
25
26 (4) In section 53(2) delete "(1) or (2A)" and insert:
27
28 (1), (2A) or (2B)
29
page 147
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 127
1 (5) Delete section 53(3)(b) and insert:
2
3 (b) the Minister is not satisfied as mentioned in
4 subsection (1)(c), (2A)(c) or (2B)(b), whichever
5 is applicable, in respect of the block,
6
7 127. Section 54 amended
8 (1) Delete section 54(1) and (2) and insert:
9
10 (1) An applicant on whom a notice is served under
11 section 53(1), (2A) or (2B) may, within the required
12 period, by instrument in writing served on the Minister,
13 request the Minister to grant to the applicant the licence
14 referred to in the notice.
15 (2) If an applicant on whom a notice is served under
16 section 53(1), (2A) or (2B) has made a request under
17 subsection (1) within the required period, the Minister
18 must grant to the applicant a petroleum production
19 licence, geothermal production licence or GHG
20 injection licence, as the case requires, in respect of the
21 block or blocks as to which the Minister is satisfied as
22 mentioned in section 53(1)(c), (2A)(c) or (2B)(b).
23 (2A) For the purposes of subsections (1) and (2), the
24 required period is --
25 (a) 3 months after the day of service of the notice;
26 or
27 (b) any further period, not exceeding 3 months, that
28 the Minister, on application in writing served
29 on the Minister before the end of the period
30 mentioned in paragraph (a), allows.
31
page 148
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 128
1 (2) In section 54(4) delete "an instrument under section 53(1)" and
2 insert:
3
4 a notice under section 53(1), (2A) or (2B)
5
6 (3) After section 54(5) insert:
7
8 (6) Subsection (5) does not apply if the licence is a GHG
9 injection licence granted on an application made under
10 section 50A(1C) or (1D) or 50B(1) or (2).
11
12 128. Section 54AA inserted
13 After section 54 insert:
14
15 54AA. Certain discoveries in licence area to be notified
16 (1) Subsection (2) applies if --
17 (a) petroleum or a regulated substance is
18 discovered in a licence area; or
19 (b) geothermal energy resources are discovered in
20 a licence area; or
21 (c) a potential GHG storage formation or potential
22 GHG injection site is discovered in a licence
23 area.
24 (2) The licensee must --
25 (a) immediately inform the Minister of the
26 discovery; and
page 149
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 129
1 (b) within the period of 3 days after the day of the
2 discovery, give the Minister particulars in
3 writing of the discovery.
4 Penalty for this subsection: a fine of $10 000.
5
6 129. Section 54A amended
7 In section 54A:
8 (a) in paragraph (a)(i) delete "50" and insert:
9
10 50 or 50AA
11
12 (b) in paragraph (a)(ii) delete "force;" and insert:
13
14 force; or
15
16 (c) after paragraph (a)(ii) insert:
17
18 (iii) under section 50B for the grant of a
19 GHG injection licence in respect of a
20 block or blocks in respect of which a
21 petroleum production licence or
22 geothermal production licence is in
23 force;
24
25 (d) in paragraph (b) delete "53(1)" and insert:
26
27 53(1), (2A), (2B) or (3)
28
page 150
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 130
1 (e) delete "reservation or lease," and insert:
2
3 reservation, lease or licence,
4
5 Note: The heading to amended section 54A is to read:
6 Application of s. 51 to 54 if permit, drilling reservation, lease or
7 licence transferred
8 130. Section 55 amended
9 (1) In section 55(1):
10 (a) before "licence," insert:
11
12 petroleum production
13
14 (b) before "licensee," insert:
15
16 petroleum
17
18 (c) delete "53(1)(c) or (2A)(c)." and insert:
19
20 53(1)(c).
21
22 (2) In section 55(2)(b) delete "permit" and insert:
23
24 petroleum exploration permit or petroleum drilling reservation
25
26 Note: The heading to amended section 55 is to read:
27 Variation of petroleum licence area
page 151
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 131
1 131. Section 56 amended
2 (1) In section 56(1):
3 (a) in paragraph (a) before "permittee" insert:
4
5 petroleum
6
7 (b) in paragraph (a) before "drilling" insert:
8
9 petroleum
10
11 (c) in paragraph (b) before "permittee" insert:
12
13 petroleum
14
15 (d) in paragraph (b) before "drilling" insert:
16
17 petroleum
18
19 (e) before "permit" insert:
20
21 petroleum exploration
22
23 (f) before "drilling" (3rd occurrence) insert:
24
25 petroleum
26
27 (2) In section 56(1a):
28 (a) before "lessee" insert:
29
30 petroleum
31
page 152
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 131
1 (b) before "lease" insert:
2
3 petroleum retention
4
5 (3) In section 56(2):
6 (a) before "permittee," insert:
7
8 petroleum
9
10 (b) before "drilling" (1st occurrence) insert:
11
12 petroleum
13
14 (c) before "lessee" insert:
15
16 petroleum
17
18 (d) in paragraph (a) delete "permit," and insert:
19
20 petroleum exploration permit, petroleum
21
22 (e) in paragraph (a) before "lease" insert:
23
24 petroleum retention
25
26 (4) In section 56(3) delete "permit, drilling reservation or" and
27 insert:
28
29 petroleum exploration permit, petroleum drilling reservation or
30 petroleum retention
31
page 153
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 131
1 (5) In section 56(4):
2 (a) in paragraph (a) before "lease" insert:
3
4 petroleum retention
5
6 (b) in paragraph (a) before "licence" insert:
7
8 petroleum production
9
10 (c) in paragraph (b) before "lease" insert:
11
12 petroleum retention
13
14 (d) in paragraph (b) before "licence" insert:
15
16 petroleum production
17
18 (6) In section 56(5):
19 (a) before "lease" (1st occurrence) insert:
20
21 petroleum retention
22
23 (b) before "lease" (2nd occurrence) insert:
24
25 petroleum
26
page 154
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 132
1 (7) In section 56(6)(a) before "lease" insert:
2
3 petroleum retention
4
5 Note: The heading to amended section 56 is to read:
6 Determination of petroleum exploration permit, petroleum drilling
7 reservation or petroleum retention lease
8 132. Section 59 amended
9 In section 59(1) and (2) delete "a licence" and insert:
10
11 a petroleum production licence or a geothermal production
12 licence, as the case requires,
13
14 Note: The heading to amended section 59 is to read:
15 Request by applicant for grant of petroleum production licence or
16 geothermal production licence
17 133. Section 61 amended
18 In section 61(1) after "Where a" insert:
19
20 petroleum production licence or geothermal production
21
22 Note: The heading to amended section 61 is to read:
23 Petroleum production licence or geothermal production licence
24 for 2 or more blocks may be divided into 2 or more licences
25 134. Section 62 amended
26 After section 62(5) insert:
27
28 (6) A GHG injection licence, while it remains in force,
29 authorises the GHG licensee, subject to this Act and in
page 155
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 134
1 accordance with the conditions to which the GHG
2 injection licence is subject --
3 (a) to inject a greenhouse gas substance into an
4 identified GHG storage formation that is
5 wholly situated in the GHG licence area, so
6 long as the relevant well is situated in the GHG
7 licence area; and
8 (b) to permanently store a greenhouse gas
9 substance in an identified GHG storage
10 formation that is wholly situated in the GHG
11 licence area, so long as the injection of the
12 stored greenhouse gas substance takes place at
13 a well situated in the GHG licence area; and
14 (c) to explore for a potential GHG storage
15 formation in the GHG licence area; and
16 (d) to explore for a potential GHG injection site in
17 the GHG licence area; and
18 (e) to inject, on an appraisal basis, a greenhouse
19 gas substance into a part of a geological
20 formation, so long as the relevant well is
21 situated in the GHG licence area; and
22 (f) to store, on an appraisal basis, a greenhouse gas
23 substance in a part of a geological formation, so
24 long as the relevant well is situated in the GHG
25 licence area; and
26 (g) to inject, on an appraisal basis, any of the
27 following into a part of a geological formation
28 for purposes in connection with the exploration
29 authorised by paragraph (c) or (d), so long as
30 the relevant well is situated in the GHG licence
31 area --
32 (i) air;
33 (ii) petroleum;
page 156
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 134
1 (iii) water;
2 and
3 (h) to store, on an appraisal basis, any of the
4 following in a part of a geological formation for
5 purposes in connection with the exploration
6 authorised by paragraph (c) or (d), so long as
7 the relevant well is situated in the GHG licence
8 area --
9 (i) air;
10 (ii) petroleum;
11 (iii) water,
12 and
13 (i) with the written consent of the Minister, to
14 recover petroleum or a regulated substance in
15 the GHG licence area for the sole purpose of
16 appraising a discovery of --
17 (i) petroleum that was made as an
18 incidental consequence of the injection
19 authorised by paragraph (a), (e) or (g);
20 or
21 (ii) petroleum or a regulated substance that
22 was made as an incidental consequence
23 of the exploration authorised by
24 paragraph (c) or (d);
25 and
26 (j) with the written consent of the Minister, to
27 recover geothermal energy in the GHG licence
28 area for the sole purpose of appraising a
29 discovery of geothermal energy resources that
30 was made as an incidental consequence of --
31 (i) the injection authorised by
32 paragraph (a), (e) or (g); or
page 157
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 135
1 (ii) the exploration authorised by
2 paragraph (c) or (d);
3 and
4 (k) to carry on any operations and execute any
5 works in the GHG licence area that are
6 necessary for those purposes.
7 (7) If petroleum or a regulated substance is recovered by
8 the GHG licensee in the GHG licence area as
9 authorised by subsection (6)(i), the petroleum or
10 regulated substance does not become the property of
11 the GHG licensee.
12 (8) If geothermal energy is recovered by the GHG licensee
13 in the GHG licence area as authorised by
14 subsection (6)(j), the geothermal energy does not
15 become the property of the GHG licensee.
16 (9) A GHG injection licence does not authorise the GHG
17 licensee to make a well outside the GHG licence area.
18
19 135. Section 63 amended
20 (1) In section 63(1) and (2) before "licence" (1st occurrence) insert:
21
22 petroleum production licence or geothermal production
23
24 (2) After section 63(3) insert:
25
26 (4) Subject to this Part, a GHG injection licence remains in
27 force indefinitely.
28
page 158
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 136
1 136. Section 64A amended
2 (1) In section 64A(1):
3 (a) in paragraph (b) delete "years," and insert:
4
5 years; or
6
7 (b) after paragraph (b) insert:
8
9 (c) a GHG injection licence is in force under
10 section 63(4) and the licensee has not carried
11 on any GHG injection operations under the
12 licence at any time during a continuous period
13 of at least 5 years,
14
15 (2) In section 64A(3):
16 (a) in paragraph (b) delete "licence," and insert:
17
18 licence; or
19
20 (b) after paragraph (b) insert:
21
22 (c) for the purposes of subsection (1)(c) the
23 duration of the period in which no GHG
24 injection operations were carried on under a
25 GHG injection licence,
26
page 159
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 137
1 137. Section 64 amended
2 In section 64(1) delete "a licence" and insert:
3
4 a petroleum production licence or geothermal production
5 licence
6
7 138. Section 65 amended
8 In section 65(1)(a) delete "a licence" and insert:
9
10 a petroleum production licence or geothermal production
11 licence
12
13 139. Section 66 amended
14 After section 66(2) insert:
15
16 (2A) Without limiting subsection (1), a GHG injection
17 licence is subject to the condition that the GHG
18 licensee must comply with any requirements imposed
19 on the GHG licensee by any regulations made for the
20 purposes of subsection (2B).
21 (2B) The regulations may establish a regime for third party
22 access to services provided by means of the use of --
23 (a) identified GHG storage formations; or
24 (b) wells, equipment or structures for use in
25 injecting greenhouse gas substances into
26 identified GHG storage formations; or
27 (c) equipment or structures for use in the
28 processing, compressing or storing of
29 greenhouse gas substances prior to the injection
page 160
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 140
1 of the substances into identified GHG storage
2 formations.
3
4 140. Part III Division 3A heading amended
5 In the heading to Part III Division 3A delete "titles and
6 geothermal" and insert:
7
8 titles, geothermal titles and GHG
9
10 141. Section 69A amended
11 (1) In section 69A(1) insert in alphabetical order:
12
13 GHG title means a GHG exploration permit,
14 GHG drilling reservation, GHG retention lease,
15 GHG injection licence, GHG special prospecting
16 authority or GHG access authority;
17
18 (2) In section 69A(2)(a) and (b) after "geothermal title" insert:
19
20 or GHG title
21
22 (3) In section 69A(3):
23 (a) delete "has complied" and insert:
24
25 complies
26
27 (b) in paragraph (a) after "geothermal" insert:
28
29 title or GHG
30
page 161
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 141
1 (4) Delete section 69A(4) and insert:
2
3 (4) The Minister must not grant a geothermal title on an
4 application under this Act in respect of a block that is
5 the subject of a petroleum title or GHG title the
6 registered holder of which is a person other than the
7 applicant unless the Minister complies with
8 subsection (5).
9
10 (5) In section 69A(5):
11 (a) delete "has complied" and insert:
12
13 complies
14
15 (b) delete paragraph (a) and insert:
16
17 (a) by instrument in writing served on the
18 registered holder of the petroleum title or GHG
19 title, gives not less than 1 month's notice of the
20 Minister's intention to grant the geothermal
21 title; and
22
23 (c) delete paragraph (b)(i) and insert:
24
25 (i) given particulars of the geothermal title
26 proposed to be granted; and
27
28 (6) Delete section 69A(6) and insert:
29
30 (6) The Minister must not grant a GHG title on an
31 application under this Act in respect of a block that is
32 the subject of a petroleum title or geothermal title the
33 registered holder of which is a person other than the
page 162
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 141
1 applicant unless the Minister complies with
2 subsection (7).
3 (7) The Minister complies with this subsection if the
4 Minister --
5 (a) by instrument in writing served on the
6 registered holder of the petroleum title or
7 geothermal title, gives not less than 1 month's
8 notice of the Minister's intention to grant the
9 GHG title; and
10 (b) has, in the instrument --
11 (i) given particulars of the GHG title
12 proposed to be granted; and
13 (ii) specified a day on or before which the
14 person on whom the instrument is
15 served may, by instrument in writing
16 served on the Minister, submit any
17 matters that the person wishes the
18 Minister to consider;
19 and
20 (c) takes into account any matters the person
21 submits to the Minister on or before the
22 specified day.
23 (8) Nothing in this section limits the operation of any other
24 provisions of this Act relating to applying for or
25 granting a petroleum title, geothermal title or GHG title
26 or varying a petroleum title.
27
28 Note: The heading to amended section 69A is to read:
29 Petroleum titles, geothermal titles and GHG titles may subsist in
30 respect of same blocks
page 163
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 142
1 142. Part III Division 3B inserted
2 After Part III Division 3A insert:
3
4 Division 3B -- Matters relating to GHG injection and
5 storage
6 Subdivision 1 -- Declaration of identified GHG
7 storage formation
8 69B. Application for declaration of identified GHG
9 storage formation
10 (1) This section applies if --
11 (a) a GHG exploration permit, GHG drilling
12 reservation, GHG retention lease, GHG
13 injection licence, petroleum retention lease,
14 petroleum production licence, geothermal
15 retention lease or geothermal production
16 licence is in force; and
17 (b) the permittee, holder of the drilling reservation,
18 lessee or licensee has reasonable grounds to
19 believe that --
20 (i) a part of a geological formation is an
21 eligible GHG storage formation; and
22 (ii) that part is wholly situated in the permit
23 area, drilling reservation area, lease area
24 or licence area.
25 (2) The permittee, holder of the drilling reservation, lessee
26 or licensee may apply to the Minister for the
27 declaration of the part referred to in subsection (1)(b)
28 as an identified GHG storage formation.
page 164
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 142
1 (3) An application under this section must be made in an
2 approved manner and set out --
3 (a) the applicant's reasons for believing that the
4 part referred to in subsection (1)(b) is an
5 eligible GHG storage formation; and
6 (b) assuming that the part referred to in
7 subsection (1)(b) is an eligible GHG storage
8 formation --
9 (i) the fundamental suitability determinants
10 of the eligible GHG storage formation;
11 and
12 (ii) an estimate of the spatial extent of the
13 eligible GHG storage formation; and
14 (iii) any other information that is prescribed
15 by the regulations.
16 (4) An estimate of spatial extent must comply with any
17 requirements specified in the regulations.
18 69C. Requirement for further information or further
19 analysis
20 (1) If an application is made under section 69B, the
21 Minister may, by written notice given to the applicant,
22 require the applicant --
23 (a) to give the Minister, within the period specified
24 in the notice, further information in connection
25 with the application; or
26 (b) to --
27 (i) carry out any further analysis of relevant
28 information specified in the notice; and
29 (ii) give the Minister, within the period
30 specified in the notice, a written report
31 of the results of that analysis.
page 165
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 142
1 (2) If the applicant breaches a requirement under
2 subsection (1), the Minister may, by written notice
3 given to the applicant --
4 (a) refuse to consider the application; or
5 (b) refuse to take any action, or any further action,
6 in relation to the application.
7 69D. Variation of application
8 (1) At any time before the Minister makes a decision under
9 section 69E on an application under section 69B, the
10 applicant may, by written notice given to the Minister,
11 vary --
12 (a) any or all of the fundamental suitability
13 determinants specified in the application; or
14 (b) the spatial extent estimated in the application.
15 (2) A variation of an application must be made in an
16 approved manner.
17 (3) A variation of an application may be made --
18 (a) on the applicant's own initiative; or
19 (b) at the request of the Minister.
20 (4) If an application is varied under this section, a
21 reference in this Act to the application is a reference to
22 the application as varied.
23 69E. Declaration of identified GHG storage formation
24 (1) This section applies if --
25 (a) an application is made under section 69B in
26 relation to a part of a geological formation; and
27 (b) the Minister is satisfied that, using the
28 fundamental suitability determinants set out in
29 the application --
30 (i) that part is an eligible GHG storage
31 formation; and
page 166
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 142
1 (ii) the estimate of the spatial extent set out
2 in the application is a reasonable
3 estimate of the spatial extent of the
4 eligible GHG storage formation.
5 (2) The Minister must, by instrument in writing, declare --
6 (a) that part to be an identified GHG storage
7 formation for the purposes of this Act; and
8 (b) that, for the purposes of this Act, the spatial
9 extent of the identified GHG storage formation
10 is the spatial extent estimated in the application;
11 and
12 (c) that the fundamental suitability determinants
13 specified in the application are the fundamental
14 suitability determinants of the identified GHG
15 storage formation for the purposes of this Act.
16 (3) A declaration under subsection (2) must set out --
17 (a) the estimate of the spatial extent specified in
18 the application; and
19 (b) the fundamental suitability determinants
20 specified in the application.
21 (4) A copy of a declaration under subsection (2) must be
22 published in the Gazette.
23 69F. Refusal to make declaration
24 (1) This section applies if --
25 (a) an application is made under section 69B in
26 relation to a part of a geological formation; and
27 (b) the Minister is not required by section 69E to
28 make a declaration in relation to that part.
29 (2) The Minister must, by written notice given to the
30 applicant, refuse to declare that part to be an identified
31 GHG storage formation.
page 167
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 142
1 69G. Variation of declaration
2 (1) This section applies if a declaration is in force under
3 section 69E in relation to a part of a geological
4 formation.
5 (2) The Minister may, by instrument in writing, vary the
6 declaration.
7 (3) A variation of the declaration may be made --
8 (a) if the part is wholly situated in --
9 (i) a GHG permit area -- on the
10 application of the GHG permittee; or
11 (ii) a GHG drilling reservation area -- on
12 the application of the holder of the GHG
13 drilling reservation; or
14 (iii) a lease area -- on the application of the
15 lessee; or
16 (iv) a licence area -- on the application of
17 the licensee;
18 or
19 (b) on the Minister's own initiative.
20 (4) An application for a variation of the declaration
21 must --
22 (a) be made in an approved manner; and
23 (b) set out the proposed variation; and
24 (c) specify the reasons for the proposed variation.
25 (5) In deciding whether to vary the declaration, the
26 Minister must have regard to --
27 (a) any new information; and
28 (b) any new analysis; and
29 (c) any relevant scientific or technological
30 developments; and
page 168
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 142
1 (d) any other matters that the Minister considers
2 relevant.
3 (6) Before varying a declaration on the Minister's own
4 initiative, the Minister must consult --
5 (a) if the part is wholly situated in a GHG permit
6 area -- the GHG permittee; or
7 (b) if the part is wholly situated in a GHG drilling
8 reservation area -- the holder of the GHG
9 drilling reservation; or
10 (c) if the part is wholly situated in a lease area --
11 the lessee; or
12 (d) if the part is wholly situated in a licence area --
13 the licensee.
14 (7) A copy of a variation under subsection (2) must be
15 published in the Gazette.
16 (8) If a declaration in force under section 69E is varied, a
17 reference in this Act to the declaration is a reference to
18 the declaration as varied.
19 69H. Revocation of declaration
20 (1) This section applies if a declaration is in force under
21 section 69E in relation to a part of a geological
22 formation.
23 (2) The Minister may, by instrument in writing, revoke the
24 declaration if the Minister is satisfied that, using any
25 set of fundamental suitability determinants, the part is
26 not an eligible GHG storage formation.
27 (3) Before revoking the declaration, the Minister must --
28 (a) consult --
29 (i) if the part is wholly situated in a GHG
30 permit area -- the GHG permittee; or
page 169
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 142
1 (ii) if the part is wholly situated in a GHG
2 drilling reservation area -- the holder
3 of the GHG drilling reservation; or
4 (iii) if the part is wholly situated in a lease
5 area -- the lessee; or
6 (iv) if the part is wholly situated in a licence
7 area -- the licensee;
8 and
9 (b) consider whether the Minister should instead
10 vary the declaration under section 69G.
11 (4) A copy of a revocation under subsection (2) must be
12 published in the Gazette.
13 Subdivision 2 -- Approved site plans
14 69HA. Approved site plans
15 (1) The regulations may provide that a GHG licensee must
16 not carry on any operations in relation to an identified
17 GHG storage formation specified in the licence unless
18 an approved site plan is in force in relation to the
19 formation.
20 (2) The regulations may provide that, if an approved site
21 plan is in force in relation to an identified GHG storage
22 formation specified in a GHG injection licence, the
23 GHG licensee must comply with the approved site
24 plan.
25 (3) The regulations may make provision for the Minister to
26 approve draft site plans.
27 (4) The regulations may provide that, if the Minister
28 approves a draft site plan, the approved site plan --
29 (a) comes into force at the time of the approval;
30 and
page 170
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 142
1 (b) remains in force --
2 (i) if, under the regulations, the Minister
3 withdraws approval of the approved site
4 plan -- until the withdrawal; or
5 (ii) otherwise -- indefinitely.
6 (5) The regulations may make provision for the Minister to
7 withdraw approval of approved site plans.
8 (6) The regulations may make provision for and in relation
9 to the variation of approved site plans.
10 (7) Regulations made for the purposes of subsection (6)
11 may --
12 (a) require a GHG licensee to prepare a draft
13 variation of an approved site plan --
14 (i) periodically; or
15 (ii) in any circumstances specified in the
16 regulations; or
17 (iii) when required to do so by the Minister;
18 and
19 (b) require a GHG licensee to give the draft
20 variation to the Minister; and
21 (c) make provision for the Minister to approve the
22 variation; and
23 (d) provide that, if the Minister approves the
24 variation, the approved site plan is varied
25 accordingly.
26 (8) If an approved site plan is varied, a reference in this
27 Act to the approved site plan is a reference to the
28 approved site plan as varied.
page 171
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 142
1 Subdivision 3 -- Serious situations
2 69HB. When serious situation exists
3 For the purposes of this Subdivision, a serious
4 situation exists in relation to an identified GHG
5 storage formation if --
6 (a) a greenhouse gas substance that has been
7 injected into the identified GHG storage
8 formation has leaked or will leak; or
9 (b) a greenhouse gas substance has leaked or will
10 leak in the course of being injected into the
11 identified GHG storage formation; or
12 (c) a greenhouse gas substance that has been
13 injected into the identified GHG storage
14 formation has behaved or will behave otherwise
15 than as predicted in Part A of an approved site
16 plan for the formation; or
17 (d) the injection of a greenhouse gas substance
18 into, or the storage of a greenhouse gas
19 substance in, the identified GHG storage
20 formation has had or will have a significant
21 adverse impact on the geotechnical integrity of
22 the whole or a part of a geological formation or
23 geological structure; or
24 (e) the identified GHG storage formation is not
25 suitable for the permanent storage of a
26 greenhouse gas substance as set out in an
27 approved site plan for the formation.
28 69HC. Reporting of serious situations
29 If a GHG licensee becomes aware that a serious
30 situation exists in relation to an identified GHG storage
page 172
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 142
1 formation specified in the licence, the GHG licensee
2 must --
3 (a) immediately inform the Minister of the serious
4 situation; and
5 (b) within the period of 3 days after informing the
6 Minister under paragraph (a), give to the
7 Minister particulars in writing of the serious
8 situation.
9 Penalty: a fine of $10 000.
10 69HD. Minister may give directions
11 (1) If, in the opinion of the Minister, a serious situation
12 exists in relation to an identified GHG storage
13 formation specified in a GHG injection licence, the
14 Minister may, by written notice given to the GHG
15 licensee, direct the licensee --
16 (a) to take all reasonable steps to ensure that a
17 greenhouse gas substance is injected into the
18 identified GHG storage formation in the
19 manner specified in the direction; or
20 (b) to take all reasonable steps to ensure that a
21 greenhouse gas substance is stored in the
22 identified GHG storage formation in the
23 manner specified in the direction; or
24 (c) to stop or suspend the injection of a greenhouse
25 gas substance at the place or places specified in
26 the direction; or
27 (d) to inject a greenhouse gas substance into the
28 identified GHG storage formation at the place
29 or places specified in the direction; or
30 (e) to undertake the activities specified in the
31 direction for the purposes of eliminating,
32 mitigating, managing or remedying the serious
33 situation; or
page 173
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 142
1 (f) to take any action that is specified in the
2 direction; or
3 (g) to refrain from taking any action that is
4 specified in the direction.
5 (2) A direction under subsection (1) --
6 (a) has effect, and must be complied with,
7 despite --
8 (i) any previous direction under that
9 subsection; and
10 (ii) anything in the regulations;
11 and
12 (b) prevails over anything in an approved site plan
13 for the identified GHG storage formation to the
14 extent of any inconsistency; and
15 (c) may make provision in relation to a matter by
16 applying, adopting or incorporating (with or
17 without modification) a code of practice or
18 standard contained in an instrument as in force
19 or existing at the time when the direction takes
20 effect; and
21 (d) may prohibit the doing of an act or thing --
22 (i) unconditionally; or
23 (ii) subject to conditions, including
24 conditions requiring the consent or
25 approval of a person specified in the
26 direction.
27 (3) A person to whom a direction is given under
28 subsection (1) must comply with the direction.
29 Penalty for this subsection: a fine of $10 000.
page 174
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 142
1 Subdivision 4 -- Site closing certificates
2 69HE. Application for site closing certificate
3 A GHG licensee may apply to the Minister for a site
4 closing certificate in relation to a particular identified
5 GHG storage formation specified in the GHG injection
6 licence.
7 69HF. Application for site closing certificate required if
8 operations have ceased
9 (1) This section applies if --
10 (a) a GHG injection licence is in force; and
11 (b) operations for the injection of a greenhouse gas
12 substance into a particular identified GHG
13 storage formation specified in the licence have
14 ceased.
15 (2) The GHG licensee must, within the application period,
16 apply under section 69HE for a site closing certificate
17 in relation to the identified GHG storage formation.
18 Penalty for this subsection: a fine of $10 000.
19 (3) The application period for an application referred to in
20 subsection (2) is --
21 (a) the period of 30 days after the day on which the
22 cessation referred to in subsection (1)(b)
23 occurred; or
24 (b) any longer period, not more than 90 days after
25 that day, that the Minister allows.
26 (4) The Minister may allow a longer period under
27 subsection (3)(b) only on written application made by
28 the licensee within the period of 30 days mentioned in
29 subsection (3)(a).
page 175
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 142
1 69HG. Application for site closing certificate may be
2 directed if ground for terminating or cancelling
3 GHG injection licence exists
4 (1) This section applies if --
5 (a) a GHG injection licence is in force; and
6 (b) under section 64A(1)(c) or 99(1), there is a
7 ground for terminating or cancelling the
8 licence.
9 (2) The Minister may, by written notice given to the
10 GHG licensee, direct the licensee --
11 (a) to apply under section 69HE for a site closing
12 certificate in relation to each identified GHG
13 storage formation specified in the licence; and
14 (b) to do so within the period specified in the
15 notice.
16 (3) The period specified under subsection (2)(b) must not
17 be shorter than 30 days.
18 (4) A person to whom a direction is given under
19 subsection (2) must comply with the direction.
20 Penalty for this subsection: a fine of $10 000.
21 69HH. Application for site closing certificate may be
22 directed if GHG injection licence tied to ceased
23 petroleum lease or licence
24 (1) This section applies if --
25 (a) a GHG injection licence is in force; and
26 (b) the GHG injection licence is tied to a petroleum
27 retention lease or petroleum production licence;
28 and
29 (c) the petroleum retention lease or petroleum
30 production licence ceases to be in force as a
page 176
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 142
1 result of being surrendered, cancelled,
2 terminated or wholly revoked.
3 (2) The Minister may, by written notice given to the
4 GHG licensee, direct the licensee --
5 (a) to apply under section 69HE for a site closing
6 certificate in relation to each identified GHG
7 storage formation specified in the licence; and
8 (b) to do so within the period specified in the
9 notice.
10 (3) The period specified under subsection (2)(b) must not
11 be shorter than 30 days.
12 (4) A person to whom a direction is given under
13 subsection (2) must comply with the direction.
14 Penalty for this subsection: a fine of $10 000.
15 (5) For the purposes of subsection (1)(b), a GHG injection
16 licence (the GHG licence) is tied to a petroleum
17 retention lease (the petroleum lease) if --
18 (a) the GHG licence is derived from a GHG
19 retention lease --
20 (i) granted under section 48BC to the
21 registered holder of a petroleum
22 retention lease; or
23 (ii) granted by way of renewal of a GHG
24 retention lease granted under
25 section 48BC to the registered holder of
26 a petroleum retention lease;
27 and
28 (b) the petroleum lease is --
29 (i) the petroleum retention lease referred to
30 in paragraph (a)(i) or (ii); or
31 (ii) a petroleum retention lease granted by
32 way of renewal of the petroleum
page 177
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 142
1 retention lease referred to in
2 paragraph (a)(i) or (ii).
3 (6) For the purposes of subsection (1)(b), a GHG injection
4 licence (the GHG licence) is tied to a petroleum
5 production licence (the petroleum licence) if --
6 (a) the GHG licence is derived from a GHG
7 retention lease --
8 (i) granted under section 48BC to the
9 registered holder of a petroleum
10 retention lease; or
11 (ii) granted by way of renewal of a GHG
12 retention lease granted under
13 section 48BC to the registered holder of
14 a petroleum retention lease;
15 and
16 (b) the petroleum licence is derived from --
17 (i) the petroleum retention lease referred to
18 in paragraph (a)(i) or (ii); or
19 (ii) a petroleum retention lease granted by
20 way of renewal of the petroleum
21 retention lease referred to in
22 paragraph (a)(i) or (ii).
23 69HI. Requirements for application for site closing
24 certificate
25 (1) An application under section 69HE --
26 (a) must be made in an approved manner; and
27 (b) must be accompanied by a written report that
28 sets out --
29 (i) the applicant's modelling of the
30 behaviour of the greenhouse gas
31 substance injected into the identified
32 GHG storage formation; and
page 178
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 142
1 (ii) information relevant to that modelling;
2 and
3 (iii) the applicant's analysis of that
4 information;
5 and
6 (c) must be accompanied by a written report that
7 sets out the applicant's assessment of --
8 (i) the behaviour of the greenhouse gas
9 substance injected into the identified
10 GHG storage formation; and
11 (ii) the expected migration pathway or
12 pathways of that greenhouse gas
13 substance; and
14 (iii) the short-term consequences of the
15 migration of that greenhouse gas
16 substance; and
17 (iv) the long-term consequences of the
18 migration of that greenhouse gas
19 substance;
20 and
21 (d) must be accompanied by the applicant's
22 suggestions for the approach to be taken by the
23 State, after the issue of the site closing
24 certificate, to the monitoring of the behaviour
25 of a greenhouse gas substance stored in the
26 identified GHG storage formation; and
27 (e) must be accompanied by any other information
28 prescribed by the regulations; and
29 (f) may set out any other matters that the applicant
30 wishes the Minister to consider; and
31 (g) must be accompanied by the prescribed fee.
32 (2) Subsection (1)(b) to (d) do not apply if there have not
33 been any operations for the injection of a greenhouse
page 179
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 142
1 gas substance into the identified GHG storage
2 formation.
3 (3) The Minister may, at any time and by instrument in
4 writing served on the applicant, require the applicant to
5 give to the Minister, within the period specified in the
6 instrument, further information in writing in connection
7 with the application.
8 69HJ. Variation of application for site closing certificate
9 (1) This section applies if an application for a site closing
10 certificate is made under section 69HE.
11 (2) At any time before any action is taken by the Minister
12 under section 69HL, 69HM or 69HN, the applicant
13 may, by written notice given to the Minister, vary the
14 application.
15 (3) A variation of an application must be made in an
16 approved manner.
17 (4) A variation of an application may be made --
18 (a) on the applicant's own initiative; or
19 (b) at the request of the Minister.
20 (5) A variation of an application may set out any additional
21 matters that the applicant wishes to be considered.
22 (6) If an application is varied under this section, a
23 reference in this Act to the application is a reference to
24 the application as varied.
25 69HK. Time for decision on application for site closing
26 certificate
27 If an application for a site closing certificate is made
28 under section 69HE, the Minister must make a decision
29 on the application, and a decision whether to give the
page 180
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 142
1 applicant a pre-certificate notice, within 5 years after
2 the day on which the application is made.
3 69HL. Pre-certificate notice
4 (1) This section applies if an application for a site closing
5 certificate is made under section 69HE.
6 (2) The Minister may give the applicant a written notice (a
7 pre-certificate notice) informing the applicant that the
8 Minister is prepared to issue to the applicant a site
9 closing certificate in relation to an identified
10 GHG storage formation specified in the application if
11 the Minister is satisfied that --
12 (a) operations for the injection of a greenhouse gas
13 substance into the identified GHG storage
14 formation have ceased; or
15 (b) there have not been any operations for the
16 injection of a greenhouse gas substance into the
17 identified GHG storage formation.
18 (3) In deciding whether to give the applicant a
19 pre-certificate notice, the Minister must have regard to
20 any significant risk the Minister is satisfied exists that a
21 greenhouse gas substance injected into the identified
22 GHG storage formation will have a significant adverse
23 impact on --
24 (a) the surface of any land or any improvements on
25 any land; or
26 (b) navigation; or
27 (c) fishing; or
28 (d) any of the following operations of another
29 person that are being lawfully carried on --
30 (i) operations relating to the exploration
31 for, recovery of or conveyance of a
32 mineral, whether petroleum or not, or
page 181
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 142
1 geothermal energy resources or
2 geothermal energy;
3 (ii) GHG operations;
4 (iii) operations relating to the construction or
5 operation of a pipeline.
6 (4) Subsection (3) does not limit the matters to which the
7 Minister may have regard.
8 (5) Before giving the applicant a pre-certificate notice in
9 relation to the identified GHG storage formation, the
10 Minister must be satisfied that --
11 (a) either --
12 (i) the relevant statutory requirements have
13 been complied with; or
14 (ii) any of the relevant statutory
15 requirements have not been complied
16 with, but there are sufficient grounds to
17 warrant the issue of the site closing
18 certificate;
19 and
20 (b) if any conditions are specified in the
21 regulations -- those conditions have been
22 satisfied.
23 (6) For the purposes of subsection (5)(a), each of the
24 following is a relevant statutory requirement --
25 (a) the conditions to which the GHG injection
26 licence is, or has from time to time been,
27 subject;
28 (b) the provisions of this Part;
29 (c) the provisions of the regulations.
page 182
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 142
1 69HM. Refusal of pre-certificate notice
2 (1) This section applies if an application for a site closing
3 certificate is made under section 69HE.
4 (2) The Minister must refuse to give the applicant a
5 pre-certificate notice in relation to the identified GHG
6 storage formation if the Minister is not satisfied as to
7 the matters referred to in section 69HL(5)(a) and (b).
8 (3) The Minister may refuse to give the applicant a
9 pre-certificate notice in relation to the identified GHG
10 storage formation if --
11 (a) the Minister is not satisfied that the greenhouse
12 gas substance injected into the identified GHG
13 storage formation is behaving as predicted in
14 Part A of an approved site plan for the
15 formation; or
16 (b) the Minister is satisfied that there is a
17 significant risk that a greenhouse gas substance
18 injected into the identified GHG storage
19 formation will have a significant adverse
20 impact on --
21 (i) the conservation of the resources of the
22 soil or the Earth's crust; or
23 (ii) the geotechnical integrity of the whole
24 or a part of a geological formation or
25 geological structure; or
26 (iii) the environment; or
27 (iv) human health or safety.
28 (4) Subsection (3) does not limit the matters to which the
29 Minister may have regard in deciding whether to refuse
30 to give the applicant a pre-certificate notice.
page 183
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 142
1 69HN. Notice of refusal to give pre-certificate notice
2 (1) This section applies if --
3 (a) an application for a site closing certificate is
4 made under section 69HE; and
5 (b) the Minister refuses to give a pre-certificate
6 notice to the applicant.
7 (2) The Minister must give written notice of the refusal to
8 the applicant.
9 69HO. Content of pre-certificate notice
10 (1) A pre-certificate notice that relates to an application for
11 a site closing certificate must --
12 (a) specify a program of operations proposed to be
13 carried out by the State for the purposes of
14 monitoring the behaviour of a greenhouse gas
15 substance stored in the identified GHG storage
16 formation concerned; and
17 (b) set out an estimate of the total costs and
18 expenses of carrying out the program; and
19 (c) specify the form and amount of a security to be
20 lodged by the applicant in respect of the
21 compliance, by the holder for the time being of
22 the site closing certificate, with the holder's
23 obligations under section 69HV in relation to
24 the costs and expenses of carrying out the
25 program; and
26 (d) contain a statement to the effect that the
27 application will lapse if the applicant does not
28 lodge the security with the Minister within the
29 period applicable under subsection (3).
30 (2) The amount of the security is to equal the estimate
31 referred to in subsection (1)(b).
page 184
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 142
1 (3) The period for lodging the security is --
2 (a) 2 months after the pre-certificate notice was
3 given to the applicant; or
4 (b) any longer period, not more than 6 months after
5 the pre-certificate notice was given to the
6 applicant, that the Minister allows.
7 (4) If the applicant does not lodge the security with the
8 Minister within the period applicable under
9 subsection (3), the application lapses at the end of that
10 period.
11 (5) The regulations may provide that an estimate referred
12 to in subsection (1)(b) is to be made on the basis of --
13 (a) an assumption that costs and expenses will
14 increase at an annual rate specified in the
15 regulations; and
16 (b) any other assumptions specified in the
17 regulations.
18 (6) Subsection (1) does not apply if the Minister is
19 satisfied that there have not been any operations for the
20 injection of a greenhouse gas substance into the
21 identified GHG storage formation concerned.
22 69HP. Issue of site closing certificate
23 (1) This section applies if --
24 (a) an applicant has been given a pre-certificate
25 notice under section 69HL; and
26 (b) if section 69HO(1) applies -- the applicant has
27 lodged the specified security within the period
28 applicable under section 69HO(3).
29 (2) The Minister must issue to the applicant a certificate (a
30 site closing certificate) in relation to the identified
page 185
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 142
1 GHG storage formation specified in the pre-certificate
2 notice.
3 69HQ. Transferee of GHG injection licence treated as
4 applicant
5 (1) This section applies if a transfer of a GHG injection
6 licence is registered under section 72 --
7 (a) after an application is made under section 69HE
8 for a site closing certificate in relation to an
9 identified GHG storage formation specified in
10 the GHG injection licence; and
11 (b) before any action is taken by the Minister under
12 section 69HL, 69HM or 69HN in relation to the
13 application.
14 (2) After the transfer, sections 69HE to 69HP have effect
15 in relation to the application as if any reference in those
16 sections to the applicant were a reference to the
17 transferee.
18 69HR. Duration of site closing certificate
19 Subject to this Part, a site closing certificate remains in
20 force indefinitely.
21 69HS. Transfer of site closing certificate
22 (1) This section applies if --
23 (a) a site closing certificate is issued to the
24 registered holder of a GHG injection licence;
25 and
26 (b) a transfer of the licence is registered under
27 section 72.
28 (2) The site closing certificate is, by force of this section,
29 transferred to the transferee of the licence.
page 186
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 142
1 69HT. Transfer of securities
2 (1) This section applies if --
3 (a) a security is lodged in relation to a site closing
4 certificate; and
5 (b) the site closing certificate is transferred under
6 section 69HS.
7 (2) The interest of the transferor in the security is, by force
8 of this section, transferred to the transferee.
9 (3) A document setting out or relating to the security has
10 effect, after the transfer, as if a reference in the
11 document to the transferor were a reference to the
12 transferee.
13 69HU. Discharge of securities
14 The regulations may make provision in relation to the
15 discharge, in whole or in part, by the Minister of
16 securities lodged in relation to site closing certificates.
17 69HV. Recovery of State's costs and expenses
18 (1) This section applies if --
19 (a) a site closing certificate is in force in relation to
20 an identified GHG storage formation; and
21 (b) the State incurs reasonable costs or expenses in
22 carrying out the program specified in the
23 pre-certificate notice for the site closing
24 certificate.
25 (2) The costs and expenses --
26 (a) are a debt due to the State by the holder of the
27 certificate; and
28 (b) are recoverable in a court of competent
29 jurisdiction.
page 187
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 142
1 (3) The total of the costs and expenses recoverable under
2 subsection (2) must not exceed the estimate set out in
3 the pre-certificate notice.
4 Subdivision 5 -- Long-term liabilities in respect of
5 GHG storage
6 69HW. Closure assurance period
7 (1) This section applies if --
8 (a) a site closing certificate is in force in relation to
9 an identified GHG storage formation; and
10 (b) the Minister is satisfied that operations for the
11 injection of a greenhouse gas substance into the
12 formation ceased on a day (the cessation day)
13 before the application for the site closing
14 certificate was made; and
15 (c) on a day (the decision day) that is at least
16 15 years after the issue of the site closing
17 certificate, the Minister is satisfied that --
18 (i) the greenhouse gas substance injected
19 into the formation is behaving as
20 predicted in Part A of an approved site
21 plan for the formation; and
22 (ii) there is no significant risk that a
23 greenhouse gas substance injected into
24 the formation will have a significant
25 adverse impact on the geotechnical
26 integrity of the whole or a part of a
27 geological formation or geological
28 structure; and
29 (iii) there is no significant risk that a
30 greenhouse gas substance injected into
31 the formation will have a significant
32 adverse impact on the environment; and
page 188
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 142
1 (iv) there is no significant risk that a
2 greenhouse gas substance injected into
3 the formation will have a significant
4 adverse impact on human health or
5 safety; and
6 (v) since the cessation day, there have not
7 been any operations for the injection of
8 a greenhouse gas substance into the
9 formation.
10 (2) The Minister may, by instrument in writing, declare
11 that for the purposes of this Act the closure assurance
12 period in relation to the formation is the period --
13 (a) beginning at the end of the cessation day; and
14 (b) ending at the end of the decision day.
15 (3) A copy of a declaration under subsection (2) must be
16 given to the holder of the site closing certificate.
17 69HX. Indemnity against long-term liability
18 (1) This section applies if --
19 (a) a site closing certificate is in force in relation to
20 an identified GHG storage formation; and
21 (b) when the application for the certificate was
22 made, the formation was specified in a
23 GHG injection licence; and
24 (c) there is a closure assurance period in relation to
25 the formation; and
26 (d) the following conditions are satisfied in relation
27 to a liability of an existing person who is or has
28 been the registered holder of the licence
29 (whether or not the licence is in force) --
30 (i) the liability is a liability for damages;
31 (ii) the liability is attributable to an act done
32 or omitted to be done in the carrying on
page 189
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 142
1 of operations authorised by the licence
2 in relation to the formation;
3 (iii) the liability is incurred or accrued after
4 the end of the closure assurance period
5 in relation to the formation;
6 (iv) any other conditions specified in the
7 regulations.
8 (2) The State must indemnify the person against the
9 liability.
10 (3) The amount of any indemnity under subsection (2)
11 must be charged to the Consolidated Account, which
12 is, to the necessary extent, appropriated accordingly.
13 69HY. State to assume long-term liability if licensee has
14 ceased to exist
15 (1) This section applies if --
16 (a) a site closing certificate is in force in relation to
17 an identified GHG storage formation; and
18 (b) when the application for the certificate was
19 made, the formation was specified in a GHG
20 injection licence; and
21 (c) there is a closure assurance period in relation to
22 the formation; and
23 (d) a person who has been the registered holder of
24 the licence (whether or not the licence is in
25 force) has ceased to exist; and
26 (e) if the person had continued in existence, the
27 following conditions would have been satisfied
28 in relation to a liability of the person --
29 (i) the liability is a liability for damages;
30 (ii) the liability is attributable to an act done
31 or omitted to be done in the carrying on
page 190
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 143
1 of operations authorised by the licence
2 in relation to the formation;
3 (iii) the liability is incurred or accrued after
4 the end of the closure assurance period
5 in relation to the formation;
6 (iv) any other conditions specified in the
7 regulations;
8 and
9 (f) apart from this section, the damages are
10 irrecoverable because the person has ceased to
11 exist.
12 (2) The liability is taken to be a liability of the State.
13 (3) The amount of any liability under subsection (2) must
14 be charged to the Consolidated Account, which is, to
15 the necessary extent, appropriated accordingly.
16
17 143. Section 70 amended
18 After section 70(3)(c) insert:
19
20 (ca) any instrument under section 69E, 69G or 69H;
21 and
22
23 144. Section 72 amended
24 In section 72(9) delete "Petroleum and Geothermal Energy
25 Resources" and insert:
26
27 Petroleum, Geothermal Energy and Greenhouse Gas Storage
28
page 191
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 145
1 145. Section 75 amended
2 (1) In section 75(1):
3 (a) in paragraph (c) delete "energy);" and insert:
4
5 energy or the carrying out of GHG operations);
6
7 (b) in paragraph (d)(ii) delete "kind;" and insert:
8
9 kind; or
10
11 (c) after paragraph (d)(ii) insert:
12
13 (iii) any other interest that is similar to an
14 interest referred to in subparagraph (i),
15 being an interest relating to a
16 greenhouse gas substance injected or
17 stored under an existing permit, drilling
18 reservation, lease or licence or relating
19 to revenue derived as a result of the
20 carrying out of GHG operations
21 authorised by an existing permit,
22 drilling reservation, lease or licence;
23
24 (2) In section 75(12) delete "Petroleum and Geothermal Energy
25 Resources" and insert:
26
27 Petroleum, Geothermal Energy and Greenhouse Gas Storage
28
page 192
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 146
1 146. Section 76 amended
2 In section 76(1) and (2) delete "Petroleum and Geothermal
3 Energy Resources" and insert:
4
5 Petroleum, Geothermal Energy and Greenhouse Gas Storage
6
7 147. Section 85 amended
8 In section 85(1) delete "Petroleum and Geothermal Energy
9 Resources" and insert:
10
11 Petroleum, Geothermal Energy and Greenhouse Gas Storage
12
13 Note: The heading to amended section 85 is to read:
14 Assessment of fee payable under Petroleum, Geothermal Energy
15 and Greenhouse Gas Storage (Registration Fees) Act 1967
16 148. Section 90 amended
17 After section 90(3) insert:
18
19 (4) This section does not apply to --
20 (a) a GHG exploration permit; or
21 (b) a GHG drilling reservation; or
22 (c) a GHG retention lease; or
23 (d) a GHG injection licence.
24
page 193
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 149
1 149. Section 91 amended
2 (1) Delete section 91(1) and (1a) and insert:
3
4 (1) Subsection (1A) applies to the following operations --
5 (a) all petroleum exploration operations and
6 operations for the recovery of petroleum or a
7 regulated substance;
8 (b) all geothermal exploration operations and
9 operations for the recovery of geothermal
10 energy;
11 (c) all GHG operations.
12 (1A) A permittee, holder of a drilling reservation, lessee or
13 licensee must carry out the operations referred to in
14 subsection (1) in the permit area, drilling reservation
15 area, lease area or licence area, as the case requires --
16 (a) in a proper and workmanlike manner; and
17 (b) in the case of operations referred to in
18 subsection (1)(a), in accordance with good
19 oil-field practice.
20 Penalty for this subsection: a fine of $10 000.
21 (1B) Subsections (2) and (2a) have effect without limiting
22 the generality of subsection (1A) but subject to any
23 authorisation, requirement or direction given or made
24 by or under this Act.
25
26 (2) In section 91(2):
27 (a) delete paragraph (a) and insert:
28
29 (a) control the flow and prevent the waste or
30 escape in the permit area, drilling reservation
31 area, lease area or licence area of petroleum, a
32 regulated substance, geothermal energy
page 194
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 149
1 resources, greenhouse gas substances or water;
2 and
3
4 (b) in paragraph (c) delete "substance" and insert:
5
6 substance, geothermal energy resources, potential GHG
7 storage formations or potential GHG injection sites
8
9 (c) delete paragraph (d)(i) and insert:
10
11 (i) each resources pool, geothermal
12 resources area, potential GHG storage
13 formation or potential GHG injection
14 site discovered in the permit area,
15 drilling reservation area, lease area or
16 licence area; and
17
18 (d) in paragraph (e) delete "pool" and insert:
19
20 pool, geothermal resources area, potential GHG storage
21 formation or potential GHG injection site
22
23 (3) At the end of section 91(2) insert:
24
25 Penalty for this subsection: a fine of $10 000.
26
27 (4) In section 91(2a):
28 (a) delete paragraph (a) and insert:
29
30 (a) control the flow and prevent the waste or
31 escape in the permit area, drilling reservation
32 area, lease area or licence area of geothermal
33 energy resources, petroleum, regulated
page 195
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 149
1 substances, greenhouse gas substances or
2 water; and
3
4 (b) in paragraph (c) delete "resources" and insert:
5
6 resources, strata bearing petroleum or a regulated
7 substance, potential GHG storage formations or
8 potential GHG injection sites
9
10 (c) delete paragraph (d)(i) and insert:
11
12 (i) each geothermal resources area,
13 resources pool, potential GHG storage
14 formation or potential GHG injection
15 site discovered in the permit area,
16 drilling reservation area, lease area or
17 licence area; and
18
19 (d) delete paragraph (e) and insert:
20
21 (e) except for the purposes of the recovery of
22 geothermal energy under this Act in a proper
23 and workmanlike manner, prevent water or any
24 other matter entering any geothermal resources
25 area, resources pool, potential GHG storage
26 formation or potential GHG injection site
27 through wells in the permit area, drilling
28 reservation area, lease area or licence area.
29
30 (5) At the end of section 91(2a) insert:
31
32 Penalty for this subsection: a fine of $10 000.
33
page 196
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 149
1 (6) Delete section 91(3) and insert:
2
3 (3) A GHG permittee, holder of a GHG drilling
4 reservation, GHG lessee or GHG licensee must --
5 (a) control the flow and prevent the waste or
6 escape in the permit area, drilling reservation
7 area, lease area or licence area of greenhouse
8 gas substances, petroleum, regulated
9 substances, geothermal energy resources or
10 water; and
11 (b) prevent the escape in the permit area, drilling
12 reservation area, lease area or licence area of
13 any mixture of water or drilling fluid with
14 greenhouse gas substances or any other matter;
15 and
16 (c) prevent damage to potential GHG storage
17 formations, potential GHG injection sites, strata
18 bearing petroleum or a regulated substance or
19 geothermal energy resources in an area,
20 whether in the State or not, in respect of which
21 the permit, drilling reservation, lease or licence
22 is not in force; and
23 (d) keep separate --
24 (i) each potential GHG storage formation,
25 potential GHG injection site, resources
26 pool or geothermal resources area
27 discovered in the permit area, drilling
28 reservation area, lease area or licence
29 area; and
30 (ii) any of the sources of water, if any,
31 discovered in that area that the Minister,
32 by instrument in writing served on that
33 person, directs;
34 and
page 197
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 150
1 (e) except for the purposes of carrying on a
2 GHG operation under this Act in a proper and
3 workmanlike manner, prevent water or any
4 other matter entering any potential GHG
5 storage formation, potential GHG injection site,
6 resources pool or geothermal resources area
7 through wells in the permit area, drilling
8 reservation area, lease area or licence area.
9 Penalty for this subsection: a fine of $10 000.
10 (3A) A person who is the holder of a special prospecting
11 authority or an access authority must carry out all
12 petroleum exploration operations, geothermal
13 exploration operations or GHG exploration operations,
14 as the case requires, in the area in respect of which the
15 special prospecting authority or access authority is in
16 force --
17 (a) in a proper and workmanlike manner; and
18 (b) in the case of petroleum exploration operations,
19 in accordance with good oil-field practice.
20 Penalty for this subsection: a fine of $10 000.
21
22 (7) At the end of section 91 delete the Penalty.
23 150. Section 91A amended
24 In section 91A(1) and (2) delete "substances or geothermal
25 energy resources," and insert:
26
27 substances, geothermal energy resources or greenhouse gas
28 substances,
29
page 198
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 151
1 151. Section 95 amended
2 Delete section 95(2) and insert:
3
4 (2) A direction given under this section to a registered
5 holder applies to the registered holder and may also be
6 expressed to apply to --
7 (a) a specified class of persons, being a class
8 constituted by or included in 1 or both of the
9 following classes of persons --
10 (i) servants or agents of, or persons acting
11 on behalf of, the registered holder;
12 (ii) persons performing work or services,
13 whether directly or indirectly, for the
14 registered holder;
15 or
16 (b) any person (not being a person to whom the
17 direction applies in accordance with
18 paragraph (a)) who is in the State for a reason
19 touching, concerning, arising out of or
20 connected with --
21 (i) exploration for, or the exploitation of,
22 petroleum, a regulated substance or
23 geothermal energy resources in the
24 State; or
25 (ii) GHG operations in the State.
26 (2AA) A direction expressed in accordance with
27 subsection (2) is taken to apply to each person included
28 in the specified class or to each person who is in the
29 State as mentioned in subsection (2)(b), as the case
30 requires.
31
page 199
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 152
1 152. Section 105 amended
2 (1) After section 105(4a) insert:
3
4 (4B) A GHG special prospecting authority, while it remains
5 in force, authorises the holder, subject to this Act and
6 in accordance with the conditions to which the special
7 prospecting authority is subject, to carry on in the
8 blocks specified in the special prospecting authority the
9 GHG exploration operations so specified.
10
11 (2) After section 105(6c) insert:
12
13 (6D) Subsection (6E) applies if --
14 (a) a person holds a GHG special prospecting
15 authority in respect of a block; and
16 (b) another GHG special prospecting authority is
17 granted to another person in respect of the
18 block.
19 (6E) The Minister must, by notice in writing served on each
20 of the persons referred to in subsection (6D), inform
21 each of them of --
22 (a) the GHG exploration operations authorised by
23 the special prospecting authority granted to the
24 other person; and
25 (b) the conditions to which the special prospecting
26 authority granted to the other person is subject.
27
page 200
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 153
1 153. Section 106 amended
2 (1) Before section 106(1) insert:
3
4 (1AA) In this section --
5 national geothermal title means an authority, however
6 described, under a law of the Commonwealth, of
7 another State or of the Northern Territory, to explore
8 for geothermal energy resources or to recover
9 geothermal energy;
10 national GHG title means an authority, however
11 described, under the Petroleum and Greenhouse Gas
12 Storage (Submerged Lands) Act 1982 or a law of the
13 Commonwealth, of another State or of the Northern
14 Territory, to carry on an operation equivalent to a GHG
15 injection operation;
16 national petroleum title means an authority, however
17 described, under the Petroleum and Greenhouse Gas
18 Storage (Submerged Lands) Act 1982 or a law of the
19 Commonwealth, of another State or of the Northern
20 Territory, to explore for, or to recover, petroleum or a
21 regulated substance.
22
23 (2) After section 106(1c) insert:
24
25 (1D) A person who is a GHG permittee, holder of a GHG
26 drilling reservation, GHG lessee, GHG licensee or
27 holder of a GHG special prospecting authority may
28 apply to the Minister for the grant of a GHG access
29 authority to enable the person to carry on, in an area
30 being part of the State that is not part of the permit
31 area, drilling reservation area, lease area or licence area
32 or area of the blocks specified in the special
33 prospecting authority, GHG operations in the permit
page 201
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 153
1 area, drilling reservation area, lease area or licence area
2 or area of the blocks so specified.
3 (1E) A holder of a national GHG title outside the State may
4 apply to the Minister for the grant of a GHG access
5 authority to enable the holder to carry on, in a part of
6 the State, GHG operations in the area to which that
7 national GHG title relates.
8
9 (3) In section 106(3)(a) delete "petroleum title or geothermal title"
10 and insert:
11
12 national petroleum title, national geothermal title or national
13 GHG title
14
15 (4) Delete section 106(4) and (5A) and insert:
16
17 (4) Subject to subsection (4D), the Minister must not do
18 either of the following unless the Minister complies
19 with subsection (4C) --
20 (a) grant a petroleum access authority on an
21 application under this section in respect of a
22 block that is the subject of a petroleum
23 exploration permit, petroleum drilling
24 reservation, petroleum retention lease,
25 petroleum production licence or petroleum
26 special prospecting authority of which the
27 registered holder is a person other than the
28 applicant;
29 (b) vary a petroleum access authority as in force in
30 respect of a block that is the subject of a
31 petroleum exploration permit, petroleum
32 drilling reservation, petroleum retention lease,
33 petroleum production licence or petroleum
page 202
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 153
1 special prospecting authority of which the
2 registered holder is a person other than the
3 registered holder of the access authority.
4 (4A) Subject to subsection (4D), the Minister must not do
5 either of the following unless the Minister complies
6 with subsection (4C) --
7 (a) grant a geothermal access authority on an
8 application under this section in respect of a
9 block that is the subject of a geothermal
10 exploration permit, geothermal drilling
11 reservation, geothermal retention lease,
12 geothermal production licence or geothermal
13 special prospecting authority of which the
14 registered holder is a person other than the
15 applicant;
16 (b) vary a geothermal access authority as in force
17 in respect of a block that is the subject of a
18 geothermal exploration permit, geothermal
19 drilling reservation, geothermal retention lease,
20 geothermal production licence or geothermal
21 special prospecting authority of which the
22 registered holder is a person other than the
23 registered holder of the access authority.
24 (4B) Subject to subsection (4D), the Minister must not do
25 either of the following unless the Minister complies
26 with subsection (4C) --
27 (a) grant a GHG access authority on an application
28 under this section in respect of a block that is
29 the subject of a GHG exploration permit, GHG
30 drilling reservation, GHG retention lease, GHG
31 injection licence or GHG special prospecting
32 authority of which the registered holder is a
33 person other than the applicant;
page 203
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 153
1 (b) vary a GHG access authority as in force in
2 respect of a block that is the subject of a GHG
3 exploration permit, GHG drilling reservation,
4 GHG retention lease, GHG injection licence or
5 GHG special prospecting authority of which the
6 registered holder is a person other than the
7 registered holder of the access authority.
8 (4C) The Minister must not grant or vary, as the case may
9 be, an access authority as referred to in subsection (4),
10 (4A) or (4B) unless the Minister --
11 (a) by instrument in writing served on the person
12 who is the registered holder of the permit,
13 lease, licence or special prospecting authority,
14 gives not less than 1 month's notice of the
15 Minister's intention to grant or vary, as the case
16 may be, the access authority; and
17 (b) serves a copy of the instrument --
18 (i) on any other persons that the Minister
19 thinks fit; and
20 (ii) in a case where the Minister intends to
21 vary an access authority, on the
22 registered holder of the access authority;
23 and
24 (c) in the instrument --
25 (i) gives particulars of the access authority
26 proposed to be granted, or of the
27 variation proposed to be made, as the
28 case may be; and
29 (ii) specifies a day on or before which a
30 person on whom the instrument, or a
31 copy of the instrument, is served may,
32 by instrument in writing served on the
page 204
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 153
1 Minister, submit any matters that the
2 person wishes the Minister to consider;
3 and
4 (d) takes into account any matters so submitted on
5 or before the specified day by a person on
6 whom the first-mentioned instrument, or a copy
7 of that instrument, has been served.
8 (4D) Subsection (4), (4A) or (4B), as the case requires, does
9 not apply if the holder of the permit, drilling
10 reservation, lease, licence or special prospecting
11 authority consents in writing to the grant of the access
12 authority.
13
14 (5) In section 106(6):
15 (a) delete "an access" and insert:
16
17 a petroleum access authority or geothermal access
18
19 (b) after "Petroleum" insert:
20
21 and Greenhouse Gas Storage
22
23 (6) After section 106(6) insert:
24
25 (6A) A GHG access authority does not authorise the holder
26 to make a well.
27
28 (7) Delete section 106(13).
page 205
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 154
1 154. Section 109 amended
2 In section 109(1) after "State," (2nd occurrence) insert:
3
4 or to GHG operations in the State,
5
6 155. Section 116 amended
7 In section 116(1) and (3) delete "operations or geothermal" and
8 insert:
9
10 operations, geothermal exploration operations or GHG
11
12 156. Section 117 amended
13 Delete section 117(c) and insert:
14
15 (c) any of the following operations of another
16 person that are being lawfully carried on --
17 (i) operations relating to the exploration
18 for, recovery of or conveyance of a
19 mineral, whether petroleum, a regulated
20 substance or neither, or geothermal
21 energy resources or geothermal energy;
22 (ii) GHG operations;
23 (iii) operations relating to the construction or
24 operation of a pipeline;
25 or
26
page 206
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 157
1 157. Section 117A amended
2 In section 117A(a) and (b) delete "operation or geothermal
3 energy" and insert:
4
5 operation, geothermal energy operation or GHG
6
7 Note: The heading to amended section 117A is to read:
8 Interfering with petroleum operation, geothermal energy
9 operation or GHG operation
10 158. Section 119 amended
11 Delete section 119(1)(a) and insert:
12
13 (a) must be given access to any part of the State
14 and to any structure, vehicle, aircraft or
15 building in the State that, in the inspector's
16 opinion, has been, is being or is to be used in
17 connection with any of the following
18 operations --
19 (i) petroleum exploration operations;
20 (ii) operations for the recovery of petroleum
21 or a regulated substance;
22 (iii) geothermal exploration operations;
23 (iv) operations for the recovery of
24 geothermal energy;
25 (v) GHG operations;
26 and
27
page 207
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 159
1 159. Section 123 amended
2 In section 123(1) delete "29 or 49," and insert:
3
4 29(1), (2) or (3), 49(1) or (2) or 49A,
5
6 160. Section 126A amended
7 In section 126A(1) delete "operation or geothermal energy"
8 (each occurrence) and insert:
9
10 operation, geothermal energy operation or GHG
11
12 161. Section 127A amended
13 In section 127A(5) after "permit," insert:
14
15 drilling reservation,
16
17 162. Section 134A amended
18 In section 134A:
19 (a) in paragraph (a) in the inserted definitions of Minister
20 and petroleum delete "Petroleum and Geothermal
21 Energy Resources" and insert:
22
23 Petroleum, Geothermal Energy and Greenhouse Gas
24 Storage
25
page 208
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 163
1 (b) in paragraph (c) in the inserted section 117(2) delete
2 "Petroleum and Geothermal Energy Resources" and
3 insert:
4
5 Petroleum, Geothermal Energy and Greenhouse Gas
6 Storage
7
8 163. Section 136 amended
9 In section 136:
10 (a) in paragraph (a) delete "29" and insert:
11
12 29(1)
13
14 (b) in paragraphs (b) and (c) delete "49" and insert:
15
16 49(1)
17
18 Note: The heading to amended section 136 is to read:
19 Certain petroleum exploration or recovery activities not
20 prohibited by s. 29(1) or 49(1)
21 164. Section 142 amended
22 Delete section 142(1) and insert:
23
24 (1) A petroleum exploration permit, petroleum drilling
25 reservation, petroleum retention lease or petroleum
26 production licence is subject to a condition that the
27 petroleum permittee, holder of the petroleum drilling
28 reservation, petroleum lessee or petroleum licensee
29 must, subject to this section, pay to the Minister a
30 royalty at the prescribed rate in respect of all petroleum
31 or regulated substances recovered by the petroleum
32 permittee, holder of the petroleum drilling reservation,
page 209
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 165
1 petroleum lessee or petroleum licensee in the
2 petroleum permit area, petroleum drilling reservation
3 area, petroleum lease area or petroleum licence area.
4 (1A) A geothermal exploration permit, geothermal drilling
5 reservation, geothermal retention lease or geothermal
6 production licence is subject to a condition that the
7 geothermal permittee, holder of the geothermal drilling
8 reservation, geothermal lessee or geothermal licensee
9 must, subject to this section, pay to the Minister a
10 royalty at the prescribed rate in respect of all
11 geothermal energy recovered by the geothermal
12 permittee, holder of the geothermal drilling reservation,
13 geothermal lessee or geothermal licensee in the
14 geothermal permit area, geothermal drilling reservation
15 area, geothermal lease area or geothermal licence area.
16
17 165. Section 144 amended
18 After section 144(4) insert:
19
20 (5) This section does not apply to --
21 (a) a GHG permittee; or
22 (b) a holder of a GHG drilling reservation; or
23 (c) a GHG lessee; or
24 (d) a GHG licensee.
25
26 166. Section 145 amended
27 In section 145 delete "permittee, holder of the drilling
28 reservation, lessee or" and insert:
29
30 petroleum permittee, holder of the petroleum drilling
31 reservation, petroleum lessee, petroleum licensee, geothermal
page 210
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 167
1 permittee, holder of the geothermal drilling reservation,
2 geothermal lessee or geothermal
3
4 167. Section 146 amended
5 In section 146 delete "permittee, holder of the drilling
6 reservation, lessee or" and insert:
7
8 petroleum permittee, holder of the petroleum drilling
9 reservation, petroleum lessee, petroleum licensee, geothermal
10 permittee, holder of the geothermal drilling reservation,
11 geothermal lessee or geothermal
12
13 168. Section 147 amended
14 (1) Delete section 147(1) and insert:
15
16 (1) In this section --
17 title holder means --
18 (a) a petroleum permittee, holder of a petroleum
19 drilling reservation, petroleum lessee or
20 petroleum licensee; or
21 (b) a geothermal permittee, holder of a geothermal
22 drilling reservation, geothermal lessee or
23 geothermal licensee.
24
25 (2) In section 147(3) after "Petroleum" insert:
26
27 and Greenhouse Gas
28
page 211
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 169
1 169. Section 148 amended
2 In section 148(2) delete "permittee, the holder of the drilling
3 reservation, the lessee or the" and insert:
4
5 petroleum permittee, holder of the petroleum drilling
6 reservation, petroleum lessee, petroleum licensee, geothermal
7 permittee, holder of the geothermal drilling reservation,
8 geothermal lessee or geothermal
9
10 170. Section 149 amended
11 In section 149 delete "permittee, holder of the drilling
12 reservation, lessee or" and insert:
13
14 petroleum permittee, holder of the petroleum drilling
15 reservation, petroleum lessee, petroleum licensee, geothermal
16 permittee, holder of the geothermal drilling reservation,
17 geothermal lessee or geothermal
18
19 171. Section 150A amended
20 In section 150A delete the definition of mining sample and
21 insert:
22
23 mining sample means any of the following that has
24 been given at any time, whether before or after the
25 commencement, to the Minister --
26 (a) a core or cutting from, or a sample of, the
27 seabed or subsoil;
28 (b) a sample of petroleum or a regulated substance
29 recovered;
30 (c) a sample of fluid recovered (other than fluid
31 petroleum or a regulated substance);
page 212
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 172
1 (d) a portion of that core, cutting or sample;
2
3 172. Section 152 amended
4 In section 152:
5 (a) delete paragraphs (a), (b) and (c) and insert:
6
7 (a) a petroleum exploration permit or geothermal
8 exploration permit granted under section 32(4),
9 37 or 37A(3);
10 (b) a GHG exploration permit granted under
11 section 32(4);
12 (c) a petroleum drilling reservation, geothermal
13 drilling reservation or GHG drilling reservation
14 granted under Part 3;
15 (ca) a petroleum retention lease, geothermal
16 retention lease or GHG retention lease granted
17 under section 48B(5) or 48CB(7);
18
19 (b) in paragraph (d) delete "section 61(4)." and insert:
20
21 section 54(2), 60 or 61(4);
22
23 (c) after paragraph (d) insert:
24
25 (e) a GHG injection licence granted under
26 section 54(2).
27
page 213
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 173
1 173. Section 153 amended
2 (1) In section 153(2):
3 (a) after paragraph (b) insert:
4
5 (ba) GHG operations;
6
7 (b) in paragraph (e) delete "substance" and insert:
8
9 substance, greenhouse gas substances
10
11 (c) in paragraph (f) after "substance," (1st occurrence)
12 insert:
13
14 greenhouse gas substances,
15
16 (d) in paragraph (f) delete "substance" (2nd occurrence) and
17 insert:
18
19 substance, greenhouse gas substances
20
21 (e) in paragraph (fa) delete "petroleum or a regulated
22 substance;" and insert:
23
24 petroleum, a regulated substance or greenhouse gas
25 substances;
26
27 (f) in paragraph (g) delete "resources" and insert:
28
29 resources, potential GHG storage formations or potential
30 GHG injection sites
31
page 214
Petroleum Legislation Amendment Bill 2023
Petroleum and Geothermal Energy Resources Act 1967 Part 2
amended
Amendments relating to greenhouse gas storage and transport Division 3
s. 174
1 (g) after paragraph (j) insert:
2
3 (ja) the maintaining in good condition and repair of
4 all structures, equipment and other property
5 used or intended to be used for or in connection
6 with GHG operations in the State;
7
8 (h) after paragraph (k) insert:
9
10 (ka) the removal from the State of structures,
11 equipment and other property brought into the
12 State for or in connection with GHG operations
13 that are not used or intended to be used in
14 connection with GHG operations in the State;
15
16 (i) in paragraph (l) delete "operations or geothermal
17 energy" and insert:
18
19 operations, geothermal energy operations or GHG
20
21 (2) In section 153(2c) delete "Petroleum Pipelines Act 1969, the
22 Petroleum (Submerged Lands) Act 1982" and insert:
23
24 Petroleum and Greenhouse Gas Pipelines Act 1969, the
25 Petroleum and Greenhouse Gas Storage (Submerged Lands)
26 Act 1982
27
28 174. Schedule 2 clause 4 amended
29 In Schedule 2 clause 4(4)(f) after "Petroleum" insert:
30
31 and Greenhouse Gas Storage
32
page 215
Petroleum Legislation Amendment Bill 2023
Part 2 Petroleum and Geothermal Energy Resources Act 1967
amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 175
1 175. Schedule 2 clause 6 inserted
2 At the end of Schedule 2 Division 2 insert:
3
4 6. Further provisions about royalty conditions
5 (1) In this clause --
6 amendment day means the day on which the Petroleum
7 Legislation Amendment Act 2023 section 164 comes into
8 operation;
9 title means any of the following --
10 (a) a petroleum exploration permit or geothermal
11 exploration permit;
12 (b) a petroleum drilling reservation or geothermal
13 drilling reservation;
14 (c) a petroleum retention lease or geothermal retention
15 lease;
16 (d) a petroleum production licence or geothermal
17 production licence.
18 (2) The amendment made by the Petroleum Legislation
19 Amendment Act 2023 section 164 does not apply to a title
20 that is in force immediately before amendment day.
21 (3) Accordingly, on and after amendment day, the following
22 provisions continue to apply to the title as if that amendment
23 had not been made --
24 (a) section 142(1) as in force immediately before
25 amendment day;
26 (b) if applicable, clause 5.
27
page 216
Petroleum Legislation Amendment Bill 2023
Petroleum Pipelines Act 1969 amended Part 3
Preliminary Division 1
s. 176
1 Part 3 -- Petroleum Pipelines Act 1969 amended
2 Division 1 -- Preliminary
3 176. Act amended
4 This Part amends the Petroleum Pipelines Act 1969.
5 Division 2 -- General amendments
6 177. Section 4 amended
7 (1) In section 4(1) delete the definitions of:
8 petroleum
9 pipeline operation
10 (2) In section 4(1) insert in alphabetical order:
11
12 Department means the department of the Public
13 Service principally assisting in the administration of
14 this Act;
15 electronic means includes --
16 (a) an electronic database or document system; and
17 (b) any other means by which a document can be
18 accessed electronically;
19 petroleum --
20 (a) means any of the following --
21 (i) any naturally occurring hydrocarbon,
22 whether in a gaseous, liquid or solid
23 state;
24 (ii) any naturally occurring mixture of
25 hydrocarbons, whether in a gaseous,
26 liquid or solid state;
page 217
Petroleum Legislation Amendment Bill 2023
Part 3 Petroleum Pipelines Act 1969 amended
Division 2 General amendments
s. 177
1 (iii) any naturally occurring mixture of 1 or
2 more hydrocarbons, whether in a
3 gaseous, liquid or solid state, and 1 or
4 more of hydrogen sulphide, nitrogen,
5 helium and carbon dioxide;
6 and
7 (b) includes the following --
8 (i) any petroleum as defined by
9 paragraph (a) that has been returned to a
10 natural reservoir, except oil shale;
11 (ii) any petroleum as defined by
12 paragraph (a) or subparagraph (i) to
13 which 1 or more things prescribed by
14 the regulations have been added;
15 pipeline operation means any of the following --
16 (a) an operation in connection with the
17 construction, operation, inspection (by a person
18 other than an inspector), maintenance or repair
19 of a pipeline;
20 (b) an operation carried out on land that is
21 specified in any licence as licence area;
22 (c) the care and maintenance of land, waters or
23 infrastructure affected by an operation referred
24 to in paragraph (a) or (b);
25 (d) the decommissioning of an operation referred
26 to in paragraph (a) or (b);
27 (e) the rehabilitation of the land or waters affected
28 by an operation referred to in paragraph (a)
29 or (b);
30
page 218
Petroleum Legislation Amendment Bill 2023
Petroleum Pipelines Act 1969 amended Part 3
General amendments Division 2
s. 178
1 (3) In section 4(1) in the definition of pipeline:
2 (a) delete "conveyance of petroleum;" and insert:
3
4 conveyance of petroleum,
5
6 (b) before "appurtenances" insert:
7
8 measuring devices and other
9
10 178. Section 8 amended
11 (1) In section 8(1):
12 (a) after "An application" insert:
13
14 made to the Minister
15
16 (b) in paragraph (d)(iii) delete "if any" and insert:
17
18 if any,
19
20 (2) Delete section 8(6).
21 179. Section 12 amended
22 After section 12(2) insert:
23
24 (2A) The conditions referred to in subsection (1) may, if
25 agreed to by the licensee, include a condition that the
26 licensee must install 1 or more measuring devices on
27 the pipeline, of an approved kind and at approved
page 219
Petroleum Legislation Amendment Bill 2023
Part 3 Petroleum Pipelines Act 1969 amended
Division 2 General amendments
s. 180
1 locations, for the purpose of measuring quantities of
2 petroleum under --
3 (a) the Petroleum and Geothermal Energy
4 Resources Act 1967 section 147; or
5 (b) the Petroleum (Submerged Lands) Act 1982
6 section 148.
7 (2B) A condition referred to in subsection (2A) may be
8 imposed in relation to the licence --
9 (a) at the time it is granted; or
10 (b) at any subsequent time, by written notice to the
11 licensee.
12
13 180. Section 15 amended
14 Before section 15(2)(b) insert:
15
16 (a) must be made in an approved manner; and
17
18 181. Section 16 amended
19 (1) In section 16:
20 (a) delete "Notwithstanding" and insert:
21
22 (1) Notwithstanding
23
24 (b) delete "upon such terms and conditions, and";
25 (c) after "other authority" insert:
26
27 (the instrument)
28
page 220
Petroleum Legislation Amendment Bill 2023
Petroleum Pipelines Act 1969 amended Part 3
General amendments Division 2
s. 182
1 (2) At the end of section 16 insert:
2
3 (2) The instrument may be subject to conditions specified
4 in the instrument.
5
6 Note: The heading to amended section 16 is to read:
7 Power of Minister to grant instruments
8 182. Section 17 amended
9 (1) In section 17:
10 (a) delete "Notwithstanding" and insert:
11
12 (1) Notwithstanding
13
14 (b) delete "shall, upon such terms and conditions as the
15 Governor may impose, grant to the licensee a lease,
16 easement, licence or other authority" and insert:
17
18 may grant to the licensee an instrument
19
20 (2) At the end of section 17 insert:
21
22 (2) The instrument may be subject to conditions specified
23 in the instrument.
24
25 Note: The heading to amended section 17 is to read:
26 Power of public authority to grant instruments
page 221
Petroleum Legislation Amendment Bill 2023
Part 3 Petroleum Pipelines Act 1969 amended
Division 2 General amendments
s. 183
1 183. Section 21 amended
2 (1) Delete section 21(2)(a) and (b) and insert:
3
4 (a) must be made in an approved manner; and
5
6 (2) In section 21(6) in the Penalty delete "Penalty:" and insert:
7
8 Penalty for this subsection:
9
10 184. Section 44 amended
11 (1) Before section 44(1) insert:
12
13 (1A) In this section --
14 instrument of transfer, in relation to an application for
15 approval of a transfer of a licence, means an instrument
16 of transfer in the approved form executed --
17 (a) by the registered holder or, if there are 2 or
18 more registered holders, by each registered
19 holder; and
20 (b) by the transferee or, if there are 2 or more
21 transferees, by each transferee.
22
23 (2) Delete section 44(3) and insert:
24
25 (3) An application for approval of a transfer of a licence
26 lodged in hard copy form must be accompanied by --
27 (a) the instrument of transfer; and
28 (b) a copy of the instrument of transfer; and
29 (c) for each transferee, if any, who is not a
30 registered holder -- a statement of the technical
page 222
Petroleum Legislation Amendment Bill 2023
Petroleum Pipelines Act 1969 amended Part 3
General amendments Division 2
s. 184
1 advice and financial resources available, or that
2 will be available, to the transferee.
3 (3A) An application for approval of a transfer of a licence
4 lodged by electronic means must be accompanied
5 by --
6 (a) an electronic copy of the instrument of transfer;
7 and
8 (b) for each transferee, if any, who is not a
9 registered holder -- an electronic copy of a
10 statement of the technical advice and financial
11 resources available, or that will be available, to
12 the transferee.
13 (3B) If subsection (3A) applies, the Minister may at any
14 time require the instrument of transfer to be lodged in
15 hard copy form.
16
17 (3) Delete section 44(9) and insert:
18
19 (9) Where the Minister approves the transfer of a licence,
20 the Minister must, on payment of the prescribed fee,
21 enter in the register a memorandum of the transfer and
22 the name of the transferee or of each transferee.
23
24 (4) Delete section 44(12) and insert:
25
26 (12) If a transfer is registered, the Minister must --
27 (a) retain a copy of the instrument of transfer; and
28 (b) make the copy available for inspection in
29 accordance with this Part.
30
page 223
Petroleum Legislation Amendment Bill 2023
Part 3 Petroleum Pipelines Act 1969 amended
Division 2 General amendments
s. 185
1 185. Section 47 amended
2 (1) Delete section 47(4) and (4a) and insert:
3
4 (4) If an application under subsection (3) for approval of a
5 dealing is lodged in hard copy form, the application --
6 (a) must be accompanied by either --
7 (i) the instrument evidencing the dealing
8 and a copy of it; or
9 (ii) if the instrument evidencing the dealing
10 has already been lodged with the
11 Minister in hard copy form for the
12 purposes of another application --
13 2 copies of the instrument;
14 and
15 (b) may be accompanied by an instrument setting
16 out any particulars prescribed for the purposes
17 of an application for approval of a dealing of
18 that kind, and a copy of it.
19 (4A) If an application under subsection (3) for approval of a
20 dealing is lodged by electronic means, the
21 application --
22 (a) must be accompanied by an electronic copy of
23 the instrument evidencing the dealing; and
24 (b) may be accompanied by an electronic copy of
25 an instrument setting out any particulars
26 prescribed for the purposes of an application for
27 approval of a dealing of that kind.
28 (4B) If subsection (4A) applies, the Minister --
29 (a) may at any time require to be lodged in hard
30 copy form either --
31 (i) the instrument referred to in
32 subsection (4A)(a); or
page 224
Petroleum Legislation Amendment Bill 2023
Petroleum Pipelines Act 1969 amended Part 3
General amendments Division 2
s. 185
1 (ii) if the instrument has already been
2 lodged with the Minister in hard copy
3 form for the purposes of another
4 application -- a copy of the instrument;
5 and
6 (b) may at any time require to be lodged in hard
7 copy form any instrument that accompanied the
8 application under subsection (4A)(b).
9
10 (2) Delete section 47(8).
11 (3) Delete section 47(12) and insert:
12
13 (12) If the Minister approves a dealing, the Minister must,
14 on payment of the prescribed fee, make an entry of the
15 approval of the dealing in the register.
16
17 (4) In section 47(13):
18 (a) in paragraph (a) delete "subsection (4)(b), one" and
19 insert:
20
21 subsection (4)(b) or (4A)(b) (as the case may be), a
22
23 (b) in paragraph (a) delete "endorsed with a memorandum
24 of approval";
25 (c) delete paragraph (b) and insert:
26
27 (b) if the application for approval of the dealing
28 was accompanied by an instrument for the
29 purpose of subsection (4)(b) or (4A)(b) (as the
30 case may be), a copy of that instrument must be
31 retained by the Minister and made available for
32 inspection in accordance with this Part but a
page 225
Petroleum Legislation Amendment Bill 2023
Part 3 Petroleum Pipelines Act 1969 amended
Division 2 General amendments
s. 186
1 copy of the instrument evidencing the dealing
2 must not be so made available; and
3
4 (d) in paragraph (c) delete "endorsed with a memorandum
5 of approval";
6 (e) in paragraph (c) after "subsection (4)(b)" insert:
7
8 or (4B)(b)
9
10 186. Section 48 amended
11 In section 48(c) delete "of the kind referred to in
12 section 47(4)(b)," and insert:
13
14 described in section 47(4)(b), (4A)(b) or (4B)(b),
15
16 187. Part 4A inserted
17 After section 56 insert:
18
19 Part 4A -- Polluter pays
20 56A. Escape of petroleum: titleholder's duty
21 (1) In this section --
22 interstate Act means --
23 (a) the Offshore Petroleum and Greenhouse Gas
24 Storage Act 2006 (Commonwealth); or
25 (b) an Act of another State or a Territory relating to
26 pipeline operations;
27 interstate land or waters means land or waters to
28 which an interstate Act applies.
page 226
Petroleum Legislation Amendment Bill 2023
Petroleum Pipelines Act 1969 amended Part 3
General amendments Division 2
s. 187
1 (2) This section applies in the event of an escape of
2 petroleum occurring as a result of, or in connection
3 with, a pipeline operation in relation to any of the
4 following titles --
5 (a) a licence;
6 (b) any other authority or consent granted by
7 instrument under this Act for the carrying out
8 of a pipeline operation.
9 (3) The holder of the title must --
10 (a) do all of the following --
11 (i) as soon as possible after becoming
12 aware of the escape of petroleum, take
13 all reasonably practicable steps to
14 eliminate or control it;
15 (ii) clean up the escaped petroleum and
16 remediate any resulting damage to the
17 environment;
18 (iii) carry out environmental monitoring of
19 the impact of the escape on the
20 environment and anything done by the
21 holder of the title under subparagraph (i)
22 or (ii);
23 and
24 (b) if any of the escaped petroleum has migrated to
25 interstate land or waters, on that land or in
26 those waters, as the case may be --
27 (i) clean up the escaped petroleum and
28 remediate any resulting damage to the
29 environment; and
page 227
Petroleum Legislation Amendment Bill 2023
Part 3 Petroleum Pipelines Act 1969 amended
Division 2 General amendments
s. 188
1 (ii) carry out environmental monitoring of
2 the impact of the escape and clean-up
3 on the environment.
4 (4) The holder of the title must notify the Minister
5 administering the interstate Act as soon as practicable
6 after doing anything under subsection (3)(b).
7 56B. Escape of petroleum: reimbursement of State
8 (1) This section applies if the Minister considers on
9 reasonable grounds that the holder of a title has failed
10 to comply with section 56A(3) in relation to an escape
11 of petroleum.
12 (2) The Minister may do any or all of the things that the
13 Minister considers, on reasonable grounds, the holder
14 of the title has failed to do to comply with
15 section 56A(3).
16 (3) Costs or expenses incurred by the State in doing any
17 thing under subsection (2) are --
18 (a) a debt due to the Crown by the holder of the
19 title; and
20 (b) recoverable by the State in a court of competent
21 jurisdiction.
22
23 188. Part V Division 1 heading inserted
24 At the beginning of Part V insert:
25
26 Division 1 -- General
27
page 228
Petroleum Legislation Amendment Bill 2023
Petroleum Pipelines Act 1969 amended Part 3
General amendments Division 2
s. 189
1 189. Section 60 amended
2 In section 60 delete "Every" and insert:
3
4 Without limiting the provision that may be made by regulations
5 under section 67(1AA), every
6
7 190. Part V Division 2 heading inserted
8 After section 61 insert:
9
10 Division 2 -- Inspectors and protection from liability
11
12 191. Part V Division 3 heading inserted
13 After section 63A insert:
14
15 Division 3 -- Offences and proceedings
16
17 192. Section 66BB amended
18 In section 66BB(4) in the definition of CEO delete "department
19 of the Public Service principally assisting in the administration
20 of this Act." and insert:
21
22 Department.
23
page 229
Petroleum Legislation Amendment Bill 2023
Part 3 Petroleum Pipelines Act 1969 amended
Division 2 General amendments
s. 193
1 193. Part V Division 4 heading inserted
2 After section 66E insert:
3
4 Division 4 -- Forms and regulations
5
6 194. Section 66F inserted
7 Before section 67 insert:
8
9 66F. Approved forms
10 (1) The Minister may approve forms that must be used for
11 applications, notices and other documents under this
12 Act.
13 Examples for this subsection:
14 1. If the Minister approves a form for a type of application, a
15 person making an application of that type must use the
16 approved form for the application.
17 2. If the Minister approves a form for a type of notice, a person
18 giving a notice of that type must use the approved form for
19 the notice.
20 (2) An approved form must be published on a website
21 maintained by, or on behalf of, the Department.
22
23 195. Section 67 amended
24 After section 67(1) insert:
25
26 (1AA) Without limiting subsection (1), the regulations may
27 make provision for or in relation to the following --
28 (a) the giving of a document required or permitted
29 to be given under this Act (including the giving
30 of the document by electronic means);
page 230
Petroleum Legislation Amendment Bill 2023
Petroleum Pipelines Act 1969 amended Part 3
General amendments Division 2
s. 196
1 (b) the time at which the document is taken to have
2 been given;
3 (c) the means of satisfying a requirement under this
4 Act in relation to a document in writing (for
5 example, a requirement that the original of a
6 document be given or that a document be
7 signed) if the document is given by electronic
8 means.
9 (1AB) Subsection (1AA) applies to a requirement or
10 permission to give a document whether the expression
11 "give", "send" or "serve", or any other similar word or
12 expression, is used.
13
14 196. Part 6 inserted
15 After section 67 insert:
16
17 Part 6 -- Transitional provisions
18 68. Transitional regulations
19 (1) In this section --
20 publication day means the day on which transitional
21 regulations are published in accordance with the
22 Interpretation Act 1984 section 41(1)(a);
23 specified means specified or described in transitional
24 regulations;
25 transitional matter means a matter of a transitional,
26 savings or application nature;
27 transitional regulations means regulations under
28 subsection (2).
page 231
Petroleum Legislation Amendment Bill 2023
Part 3 Petroleum Pipelines Act 1969 amended
Division 2 General amendments
s. 196
1 (2) Regulations may prescribe anything required,
2 necessary or convenient to be prescribed in relation to a
3 transitional matter in connection with --
4 (a) amendments made to this Act by another Act
5 (the amending Act); or
6 (b) amendments made to another written law by the
7 amending Act that, wholly or partly, are
8 consequential on, or otherwise connected with,
9 amendments referred to in paragraph (a).
10 (3) Without limiting subsection (2), transitional regulations
11 may provide for specified provisions of this Act or
12 another written law --
13 (a) not to apply to, or in relation to, a specified
14 matter or thing; or
15 (b) to apply with specified modifications to, or in
16 relation to, a specified matter or thing.
17 (4) If transitional regulations provide that a state of affairs
18 is to be taken to have existed, or not to have existed, on
19 and from a day (the operative day) that is earlier than
20 publication day, the regulations have effect according
21 to their terms as long as the operative day is not earlier
22 than the day on which the amending Act receives the
23 Royal Assent.
24 (5) If transitional regulations contain a provision referred
25 to in subsection (4), the provision does not operate so
26 as to --
27 (a) affect in a manner prejudicial to any person
28 (other than the State), the rights of that person
29 existing before publication day; or
30 (b) impose liabilities on any person (other than the
31 State or an authority of the State) in respect of
32 anything done or omitted to be done before
33 publication day.
page 232
Petroleum Legislation Amendment Bill 2023
Petroleum Pipelines Act 1969 amended Part 3
General amendments Division 2
s. 197
1 (6) The Interpretation Act 1984 applies in relation to an
2 amendment made by the amending Act subject to
3 transitional regulations.
4
5 197. Various modernisations
6 Amend the provisions listed in the Table as set out in the Table.
7 Table
Provision Delete Insert
s. 4(1) def. of public his an
authority par. (a)
s. 8(1)(c)(v) his the applicant's
s. 8(1)(e) and (2) him the applicant
s. 15(3)
s. 8(1)(f) thereto; and to the pipeline; and
s. 8(1), (3) and (4) shall (each must
occurrence)
s. 12(2) and (3)
s. 15(2)
s. 21(2)(c), (3), (5)
and (6)
s. 41(3) to (6) and
(8) to (10)
s. 44(4) to (7)
and (11)
page 233
Petroleum Legislation Amendment Bill 2023
Part 3 Petroleum Pipelines Act 1969 amended
Division 2 General amendments
s. 197
Provision Delete Insert
s. 47(5), (6), (9),
(11), (13)(a) and (c)
and (14)
s. 48
s. 8(2) his the
s. 15(3)
s. 8(4) he (each occurrence) the Minister
s. 15(4)(a) and (5)
s. 21(3)(b) and (4)
s. 12(3) he the licensee
him the licensee
s. 12(4) his the licensee's
s. 15(4)(b) he the person
s. 21(3)(c)
s. 15(5) to him
s. 21(4) him the Minister
s. 41(2) shall be deemed is taken
s. 44(10)(a)
s. 41(2)(a) one 1
s. 44(2)
s. 47(1), (3)(a)
and (12)
page 234
Petroleum Legislation Amendment Bill 2023
Petroleum Pipelines Act 1969 amended Part 3
Amendments relating to greenhouse gas storage and transport Division 3
s. 198
Provision Delete Insert
s. 47(7) shall, for the are, for the purposes
purposes of this of this section, taken
section, be taken to to be 1
be one
s. 67(1)(g) thereof. of it.
1 Division 3 -- Amendments relating to greenhouse gas storage
2 and transport
3 198. Long title amended
4 In the long title delete "and for purposes connected
5 therewith." insert:
6
7 or greenhouse gas substances and for connected purposes.
8
9 199. Section 1 amended
10 In section 1 after "Petroleum" insert:
11
12 and Greenhouse Gas
13
14 200. Section 4 amended
15 (1) In section 4(1) delete the definition of pipeline.
16 (2) In section 4(1) insert in alphabetical order:
17
18 excluded greenhouse gas pipeline means any of the
19 following --
20 (a) a GHG facility line;
page 235
Petroleum Legislation Amendment Bill 2023
Part 3 Petroleum Pipelines Act 1969 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 200
1 (b) a GHG injection line;
2 (c) a pipe, or system of pipes, specified in the
3 regulations;
4 GHG facility line means a pipe, or system of pipes,
5 that --
6 (a) is used to convey a greenhouse gas substance;
7 and
8 (b) is part of a greenhouse gas facility;
9 GHG injection line means a pipe, or system of pipes,
10 for conveying a greenhouse gas substance for any of
11 the following purposes but only if the greenhouse gas
12 substance does not pass through a terminal point on the
13 pipe, or system of pipes, before it is injected into the
14 identified GHG storage formation --
15 (a) to be compressed, processed or otherwise
16 prepared for injection into an identified GHG
17 storage formation;
18 (b) for storage prior to being injected into an
19 identified GHG storage formation;
20 (c) for injection into an identified GHG storage
21 formation;
22 GHG operation has the meaning given in the
23 Petroleum, Geothermal Energy and Greenhouse Gas
24 Storage Act 1967 section 5(1);
25 greenhouse gas facility means a structure for or in
26 connection with the carrying out of a GHG operation;
27 greenhouse gas pipeline --
28 (a) means any of the following --
29 (i) a pipe, or system of pipes, for
30 conveying a greenhouse gas substance,
31 other than an excluded greenhouse gas
32 pipeline;
page 236
Petroleum Legislation Amendment Bill 2023
Petroleum Pipelines Act 1969 amended Part 3
Amendments relating to greenhouse gas storage and transport Division 3
s. 200
1 (ii) a part of a pipe covered by
2 subparagraph (i);
3 (iii) a part of a system of pipes covered by
4 subparagraph (i);
5 and
6 (b) includes the following --
7 (i) all structures for protecting or
8 supporting a greenhouse gas pipeline as
9 defined in paragraph (a);
10 (ii) all loading terminals, works and
11 buildings, and all fittings, pumps, tanks,
12 storage tanks, measuring devices and
13 other appurtenances and appliances, that
14 are used in connection with a
15 greenhouse gas pipeline as defined in
16 paragraph (a);
17 (iii) any facility, or any facility of a class,
18 that is declared for the time being under
19 section 5 to be a pipeline facility for the
20 purposes of this Act and that is used in
21 connection with a greenhouse gas
22 pipeline as defined in paragraph (a);
23 greenhouse gas substance --
24 (a) has the meaning given in the Petroleum,
25 Geothermal Energy and Greenhouse Gas
26 Storage Act 1967 section 6E; but
27 (b) does not include anything that is petroleum for
28 the purposes of this Act under the Barrow
29 Island Act 2003 section 11(1);
30 identified GHG storage formation has the meaning
31 given in the Petroleum, Geothermal Energy and
32 Greenhouse Gas Storage Act 1967 section 5(1);
33 petroleum exploration operation means an operation
34 to explore for petroleum, and the carrying on of
page 237
Petroleum Legislation Amendment Bill 2023
Part 3 Petroleum Pipelines Act 1969 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 200
1 operations and the execution of works necessary for
2 that purpose;
3 petroleum pipeline --
4 (a) means any of the following --
5 (i) a pipe, or system of pipes, for
6 conveying petroleum, other than a
7 secondary line;
8 (ii) a part of a pipe covered by
9 subparagraph (i);
10 (iii) a part of a system of pipes covered by
11 subparagraph (i);
12 and
13 (b) includes the following --
14 (i) all structures for protecting or
15 supporting a petroleum pipeline as
16 defined in paragraph (a);
17 (ii) all loading terminals, works and
18 buildings, and all fittings, pumps, tanks,
19 storage tanks, measuring devices and
20 other appurtenances and appliances, that
21 are used in connection with a petroleum
22 pipeline as defined in paragraph (a);
23 (iii) any facility, or any facility of a class,
24 that is declared for the time being under
25 section 5 to be a pipeline facility for the
26 purposes of this Act and that is used in
27 connection with a petroleum pipeline as
28 defined in paragraph (a);
29 pipeline --
30 (a) means --
31 (i) a petroleum pipeline; or
page 238
Petroleum Legislation Amendment Bill 2023
Petroleum Pipelines Act 1969 amended Part 3
Amendments relating to greenhouse gas storage and transport Division 3
s. 200
1 (ii) a greenhouse gas pipeline;
2 but
3 (b) does not include the following --
4 (i) anything that is in the adjacent area as
5 defined in the Petroleum and
6 Greenhouse Gas Storage (Submerged
7 Lands) Act 1982 section 60K(2);
8 (ii) a pipeline that is used for returning
9 petroleum to a natural reservoir;
10 (iii) a pipeline constructed, or to be
11 constructed, under the authority of any
12 Act, other than this Act;
13 (iv) a pipeline that is part of a distribution
14 system as defined in the Energy
15 Coordination Act 1994;
16 (v) a pipeline constructed, or to be
17 constructed, on land used for residential,
18 business, agricultural, commercial or
19 industrial purposes, designed for use
20 solely for the residential, business,
21 agricultural, commercial or industrial
22 purposes carried on on that land and
23 situated wholly within the boundaries of
24 that land;
25 (vi) a pipeline, or a pipeline of a class, that
26 is declared for the time being under
27 section 5 not to be a pipeline for the
28 purposes of this Act;
29 secondary line means a pipe, or system of pipes, for --
30 (a) conveying petroleum for use for petroleum
31 exploration operations; or
page 239
Petroleum Legislation Amendment Bill 2023
Part 3 Petroleum Pipelines Act 1969 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 201
1 (b) conveying petroleum for use for petroleum
2 recovery operations; or
3 (c) conveying petroleum that is to be flared or
4 vented; or
5 (d) conveying petroleum from the well head to a
6 tank or separator; or
7 (e) collecting petroleum within the area in which it
8 is produced or recovered;
9 terminal point means a terminal point declared under
10 section 5A(1);
11
12 201. Section 5A inserted
13 At the end of Part 1 insert:
14
15 5A. Terminal point
16 (1) The Minister may, by notice published in the Gazette,
17 declare that a specified point on a pipe, or system of
18 pipes, for conveying a greenhouse gas substance is a
19 terminal point for the purposes of this Act.
20 (2) A declaration under subsection (1) has effect
21 accordingly.
22 (3) To avoid doubt, a declaration may be made under
23 subsection (1) whether or not a person has applied for a
24 licence.
25
page 240
Petroleum Legislation Amendment Bill 2023
Petroleum Pipelines Act 1969 amended Part 3
Amendments relating to greenhouse gas storage and transport Division 3
s. 202
1 202. Section 8 amended
2 In section 8(1)(g) after "petroleum" insert:
3
4 or greenhouse gas substances
5
6 203. Section 12 amended
7 In section 12(2A):
8 (a) delete "The" and insert:
9
10 If the pipeline is a petroleum pipeline, the
11
12 (b) in paragraph (a) delete "Petroleum and Geothermal
13 Energy Resources" and insert:
14
15 Petroleum, Geothermal Energy and Greenhouse Gas
16 Storage
17
18 (c) in paragraph (b) after "Petroleum" insert:
19
20 and Greenhouse Gas Storage
21
22 204. Section 21 amended
23 (1) In section 21(1)(a) after "petroleum" insert:
24
25 or greenhouse gas substances
26
page 241
Petroleum Legislation Amendment Bill 2023
Part 3 Petroleum Pipelines Act 1969 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 205
1 (2) In section 21(5) after "petroleum" (each occurrence) insert:
2
3 or greenhouse gas substances
4
5 Note: The heading to amended section 21 is to read:
6 Directions as to conveyance of petroleum or greenhouse gas
7 substances
8 205. Section 37A amended
9 In section 37A(1) delete "petroleum." and insert:
10
11 petroleum or greenhouse gas substances.
12
13 206. Section 41 amended
14 In section 41(2)(b) delete "otherwise than in accordance with
15 this paragraph)" and insert:
16
17 in accordance with paragraph (a))
18
19 207. Section 47 amended
20 In section 47(1):
21 (a) in paragraph (c) delete "petroleum);" and insert:
22
23 petroleum or the injection of greenhouse gas
24 substances);
25
26 (b) in paragraph (d)(ii) delete "from" and insert:
27
28 from, or greenhouse gas substances injected as a result
29 of,
30
page 242
Petroleum Legislation Amendment Bill 2023
Petroleum Pipelines Act 1969 amended Part 3
Amendments relating to greenhouse gas storage and transport Division 3
s. 208
1 208. Section 64 amended
2 In section 64 after "petroleum" insert:
3
4 or greenhouse gas substance
5
6 Note: The heading to amended section 64 is to read:
7 Theft of petroleum or greenhouse gas substance from pipeline
8 209. Section 67 amended
9 In section 67(1c) delete "Petroleum and Geothermal Energy
10 Resources Act 1967, the Petroleum (Submerged Lands)
11 Act 1982 or the Commonwealth Act as defined in that Act," and
12 insert:
13
14 Petroleum, Geothermal Energy and Greenhouse Gas Storage
15 Act 1967, the Petroleum and Greenhouse Gas Storage
16 (Submerged Lands) Act 1982 or the Offshore Petroleum and
17 Greenhouse Gas Storage Act 2006 (Commonwealth),
18
page 243
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 1 Preliminary
s. 210
1 Part 4 -- Petroleum (Submerged Lands) Act 1982
2 amended
3 Division 1 -- Preliminary
4 210. Act amended
5 This Part amends the Petroleum (Submerged Lands) Act 1982.
6 Division 2 -- General amendments
7 211. Section 4 amended
8 (1) In section 4(1) delete the definitions of:
9 facility
10 offshore petroleum operation
11 petroleum
12 petroleum pool
13 pipeline
14 secondary line
15 (2) In section 4(1) insert in alphabetical order:
16
17 Department means the department of the Public
18 Service principally assisting in the administration of
19 this Act;
20 electronic means includes --
21 (a) an electronic database or document system; and
22 (b) any other means by which a document can be
23 accessed electronically;
24 facility means a structure for or in connection with the
25 carrying out of a petroleum operation;
page 244
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 211
1 geological formation includes --
2 (a) any seal or reservoir of a geological formation;
3 and
4 (b) any associated geological attributes or features
5 of a geological formation;
6 petroleum --
7 (a) means any of the following --
8 (i) any naturally occurring hydrocarbon,
9 whether in a gaseous, liquid or solid
10 state;
11 (ii) any naturally occurring mixture of
12 hydrocarbons, whether in a gaseous,
13 liquid or solid state;
14 (iii) any naturally occurring mixture of 1 or
15 more hydrocarbons, whether in a
16 gaseous, liquid or solid state, and 1 or
17 more of hydrogen sulphide, nitrogen,
18 helium and carbon dioxide;
19 and
20 (b) includes the following --
21 (i) any petroleum as defined by
22 paragraph (a) that has been returned to a
23 natural reservoir, except oil shale;
24 (ii) any petroleum as defined by
25 paragraph (a) or subparagraph (i) to
26 which 1 or more things prescribed by
27 the regulations have been added;
28 petroleum exploration operation means an operation
29 to explore for petroleum or a regulated substance, and
30 the carrying on of operations and the execution of
31 works necessary for that purpose;
page 245
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 211
1 petroleum operation --
2 (a) means any of the following carried out in the
3 adjacent area --
4 (i) a petroleum exploration operation;
5 (ii) an operation to drill for petroleum or a
6 regulated substance, and the carrying on
7 of operations and the execution of
8 works necessary for that purpose;
9 (iii) an operation to recover petroleum or a
10 regulated substance, and the carrying on
11 of operations and the execution of
12 works necessary for that purpose;
13 (iv) the care and maintenance of land,
14 waters or infrastructure affected by an
15 operation referred to in
16 subparagraphs (i) to (iii);
17 (v) the decommissioning of an operation
18 referred to in subparagraphs (i) to (iii);
19 (vi) the rehabilitation of the land or waters
20 affected by an operation referred to in
21 subparagraphs (i) to (iii);
22 but
23 (b) does not include an operation of a kind that is
24 prescribed by the regulations not to be a
25 petroleum operation;
26 pipeline --
27 (a) means a pipe, or system of pipes, in the
28 adjacent area as defined in section 60K(2) for
29 conveying petroleum; and
page 246
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 211
1 (b) includes protective or supporting structures,
2 loading terminals, works, buildings, fittings,
3 pumps, tanks, storage tanks, measuring devices
4 and any other related infrastructure; but
5 (c) does not include a pipe or system of pipes --
6 (i) for returning petroleum to a natural
7 reservoir; or
8 (ii) for conveying petroleum for use for the
9 purposes of petroleum operations; or
10 (iii) for conveying petroleum that is to be
11 flared or vented; or
12 (iv) for conveying petroleum from a well to
13 a terminal station without passing
14 through another terminal station,
15 whether the terminal station to which
16 the petroleum is conveyed is in that
17 adjacent area or not;
18 regulated substance means a naturally occurring
19 substance that --
20 (a) occurs in a natural geological formation; and
21 (b) is prescribed by the regulations;
22 report means a report, return or other document in
23 connection with, or in connection with operations
24 under, any of the following --
25 (a) an access authority or special prospecting
26 authority;
27 (b) an instrument of consent under section 123;
28 (c) a lease;
page 247
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 211
1 (d) a licence, infrastructure licence or pipeline
2 licence;
3 (e) a permit;
4 resources pool means a naturally occurring discrete
5 accumulation of petroleum or a regulated substance;
6 secondary line means a pipe, or system of pipes, for --
7 (a) returning petroleum to a natural reservoir; or
8 (b) conveying petroleum for use for petroleum
9 exploration operations; or
10 (c) conveying petroleum for use for petroleum
11 recovery operations; or
12 (d) conveying petroleum that is to be flared or
13 vented; or
14 (e) conveying petroleum from a well, wherever
15 located, to a terminal station without passing
16 through another terminal station, whether or not
17 the terminal station to which the petroleum is
18 conveyed is in the adjacent area as defined in
19 section 60K(2);
20
21 (3) In section 4(1) in the definition of licence delete "production
22 licence for petroleum under Part III;" and insert:
23
24 licence under Part 3, other than an infrastructure licence or
25 pipeline licence;
26
page 248
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 212
1 (4) In section 4(1) in the definition of permit delete "an exploration
2 permit for petroleum" and insert:
3
4 a permit
5
6 (5) In section 4(1) in the definition of water line delete
7 "exploration".
8 212. Section 4A deleted
9 Delete section 4A.
10 213. Section 15 amended
11 In section 15(1) in the definition of officer delete "department
12 of the Public Service principally assisting the Minister in the
13 administration of this Act." and insert:
14
15 Department.
16
17 214. Part III heading replaced
18 Delete the heading to Part III and insert:
19
20 Part 3 -- Mining for petroleum or regulated
21 substances
22
page 249
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 215
1 215. Section 19 amended
2 In section 19(1) in the Penalty delete "Penalty:" and insert:
3
4 Penalty for this subsection:
5
6 216. Section 21 amended
7 After section 21(1)(d) insert:
8
9 (da) may include an application for an approval for
10 the purposes of section 28(2)(a); and
11
12 217. Section 22 amended
13 (1) After section 22(2)(a) insert:
14
15 (aa) if the application included an application for an
16 approval for the purposes of section 28(2)(a) --
17 a statement as to whether the approval will be
18 granted with the permit; and
19
20 (2) In section 22(4) delete "an exploration permit for petroleum"
21 and insert:
22
23 a permit
24
25 (3) After section 22(4) insert:
26
27 (4A) If applicable, a permit must include the approval
28 granted for the purposes of section 28(2)(a).
29
page 250
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 218
1 218. Section 23 amended
2 After section 23(4)(d) insert:
3
4 (da) may include an application for an approval for
5 the purposes of section 28(2)(a); and
6
7 219. Section 25 amended
8 After section 25(5)(a) insert:
9
10 (aa) if the application included an application for an
11 approval for the purposes of section 28(2)(a) --
12 a statement as to whether the approval will be
13 granted with the permit; and
14
15 220. Section 27 amended
16 (1) In section 27 --
17 (a) delete "Where" and insert:
18
19 (1) Where
20
21 (b) delete "an exploration permit for petroleum" and insert:
22
23 a permit
24
25 (2) At the end of section 27 insert:
26
27 (2) If applicable, a permit must include the approval
28 granted for the purposes of section 28(2)(a).
29
page 251
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 221
1 221. Section 28 replaced
2 Delete section 28 and insert:
3
4 28. Rights conferred by permit
5 (1) Except as provided in subsection (2), a permit, while it
6 remains in force, authorises the permittee, subject to
7 this Act and in accordance with the conditions to which
8 the permit is subject --
9 (a) to explore for petroleum or a regulated
10 substance in the permit area; and
11 (b) to recover petroleum or a regulated substance in
12 the permit area for the purpose of establishing
13 the nature and probable extent of a discovery of
14 petroleum or a regulated substance; and
15 (c) to carry on any operations and execute any
16 works in the permit area that are necessary for
17 those purposes.
18 (2) A permit does not authorise the permittee to do the
19 things referred to in subsection (1)(a) to (c) in relation
20 to a regulated substance unless --
21 (a) the permit includes an approval granted by the
22 Minister extending the permit to cover the
23 regulated substance; or
24 (b) the permittee applies to the Minister in writing
25 for such an approval and the Minister grants the
26 approval by instrument in writing.
page 252
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 222
1 (3) A permit does not authorise the permittee to make a
2 well outside the permit area.
3 Note for this subsection:
4 The permittee may be able to make a well outside the
5 permit area under another authority, for example, an access
6 authority.
7
8 222. Section 38A amended
9 After section 38A(2)(c) insert:
10
11 (ca) may include an application for an approval for
12 the purposes of section 38C(2)(a); and
13
14 223. Section 38B amended
15 (1) After section 38B(3)(a) insert:
16
17 (aa) if the application included an application for an
18 approval for the purposes of
19 section 38C(2)(a) -- a statement as to whether
20 the approval will be granted with the lease; and
21
22 (2) After section 38B(5) insert:
23
24 (5A) If applicable, a lease must include the approval granted
25 for the purposes of section 38C(2)(a).
26
page 253
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 224
1 224. Section 38CA amended
2 After section 38CA(2)(b) insert:
3
4 (ba) may include an application for an approval for
5 the purposes of section 38C(2)(a); and
6
7 225. Section 38CB amended
8 (1) After section 38CB(3)(a) insert:
9
10 (aa) if the application included an application for an
11 approval for the purposes of
12 section 38C(2)(a) -- a statement as to whether
13 the approval will be granted with the lease; and
14
15 (2) After section 38CB(6) insert:
16
17 (6A) If applicable, a lease must include the approval granted
18 for the purposes of section 38C(2)(a).
19
20 226. Section 38C replaced
21 Delete section 38C and insert:
22
23 38C. Rights conferred by lease
24 (1) Except as provided in subsection (2), a lease, while it
25 remains in force, authorises the lessee, subject to this
26 Act and in accordance with the conditions to which the
27 lease is subject --
28 (a) to explore for petroleum or a regulated
29 substance in the lease area; and
page 254
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 227
1 (b) to recover petroleum or a regulated substance in
2 the lease area for the purpose of establishing
3 the nature and probable extent of a discovery of
4 petroleum or a regulated substance; and
5 (c) to carry on any operations and execute any
6 works in the lease area that are necessary for
7 those purposes.
8 (2) A lease does not authorise the lessee to do the things
9 referred to in subsection (1)(a) to (c) in relation to a
10 regulated substance unless --
11 (a) the lease includes an approval granted by the
12 Minister extending the lease to cover the
13 regulated substance; or
14 (b) the lessee applies to the Minister in writing for
15 such an approval and the Minister grants the
16 approval by instrument in writing.
17 (3) A lease does not authorise the lessee to make a well
18 outside the lease area.
19 Note for this subsection:
20 The lessee may be able to make a well outside the lease
21 area under another authority, for example, an access
22 authority.
23
24 227. Section 41 amended
25 After section 41(1)(c) insert:
26
27 (ca) may include an application for an approval for
28 the purposes of section 52(2)(a); and
29
page 255
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 228
1 228. Section 43 amended
2 After section 43(2)(a) insert:
3
4 (aa) if the application included an application for an
5 approval for the purposes of section 52(2)(a) --
6 contain a statement as to whether the approval
7 will be granted with the licence; and
8
9 229. Section 44 amended
10 (1) In section 44(2) delete "production licence for petroleum" and
11 insert:
12
13 licence
14
15 (2) After section 44(2) insert:
16
17 (2A) If applicable, a licence must include the approval
18 granted for the purposes of section 52(2)(a).
19
20 230. Section 47 amended
21 After section 47(6)(d) insert:
22
23 (da) may include an application for an approval for
24 the purposes of section 52(2)(a); and
25
page 256
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 231
1 231. Section 49 amended
2 After section 49(5)(a) insert:
3
4 (aa) if the application included an application for an
5 approval for the purposes of section 52(2)(a) --
6 a statement as to whether the approval will be
7 granted with the licence; and
8
9 232. Section 50 amended
10 (1) In section 50:
11 (a) delete "Where" and insert:
12
13 (1) Where
14
15 (b) delete "production licence for petroleum" and insert:
16
17 licence
18
19 (2) At the end of section 50 insert:
20
21 (2) If applicable, a licence must include the approval
22 granted for the purposes of section 52(2)(a).
23
24 233. Section 51 amended
25 (1) In section 51(4) delete "production licences for petroleum" and
26 insert:
27
28 licences
29
page 257
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 234
1 (2) In section 51(5):
2 (a) in paragraph (b) delete "subject." and insert:
3
4 subject; and
5
6 (b) after paragraph (b) insert:
7
8 (c) if the original licence included an approval for
9 the purposes of section 52(2)(a) or an approval
10 had been granted in relation to the original
11 licence for the purposes of section 52(2)(b) --
12 must include an approval corresponding as
13 nearly as may be to the previously granted
14 approval.
15
16 234. Section 52 replaced
17 Delete section 52 and insert:
18
19 52. Rights conferred by licence
20 (1) Except as provided in subsection (2), a licence, while it
21 remains in force, authorises the licensee, subject to this
22 Act and in accordance with the conditions to which the
23 licence is subject --
24 (a) to recover petroleum or a regulated
25 substance --
26 (i) in the licence area; and
27 (ii) from the licence area in another area to
28 which the licensee has lawful access for
29 that purpose;
30 and
page 258
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 235
1 (b) to explore for petroleum or a regulated
2 substance in the licence area; and
3 (c) to carry on any operations and execute any
4 works in the licence area that are necessary for
5 those purposes.
6 (2) A licence does not authorise the licensee to do the
7 things referred to in subsection (1)(a) to (c) in relation
8 to a regulated substance unless --
9 (a) the licence includes an approval granted by the
10 Minister extending the licence to cover the
11 regulated substance; or
12 (b) the licensee applies to the Minister in writing
13 for such an approval and the Minister grants the
14 approval.
15 (3) A licence does not authorise the licensee to make a
16 well outside the licence area.
17 Note for this subsection:
18 The licensee may be able to make a well outside the
19 licence area under another authority, for example, an
20 access authority.
21
22 235. Section 70 amended
23 After section 70(2) insert:
24
25 (3) The conditions referred to in subsection (1) may, if
26 agreed to by the pipeline licensee, include a condition
27 that the pipeline licensee must install 1 or more
28 measuring devices on the pipeline, of an approved kind
29 and at approved locations, for the purpose of measuring
30 quantities of petroleum under section 148.
page 259
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 236
1 (4) A condition referred to in subsection (3) may be
2 imposed in relation to the licence --
3 (a) at the time it is granted; or
4 (b) at any subsequent time, by written notice to the
5 pipeline licensee.
6
7 236. Part 3 Division 4AA inserted
8 Before Part III Division 5 insert:
9
10 Division 4AA -- Polluter pays
11 74A. Escape of petroleum or regulated substance:
12 titleholder's duty
13 (1) In this section --
14 interstate Act means --
15 (a) the Commonwealth Act; or
16 (b) an Act of another State or a Territory relating to
17 petroleum operations;
18 interstate land or waters means land or waters to
19 which an interstate Act applies.
20 (2) This section applies in the event of an escape of
21 petroleum or a regulated substance occurring as a result
22 of, or in connection with, a petroleum operation in
23 relation to any of the following titles --
24 (a) an access authority;
25 (b) a permit;
26 (c) a licence;
27 (d) a lease;
28 (e) a special prospecting authority;
29 (f) a pipeline licence;
page 260
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 236
1 (g) an infrastructure licence;
2 (h) any other authority or consent granted by
3 instrument under this Act for the carrying out
4 of a petroleum operation.
5 (3) The registered holder of the title must --
6 (a) do all of the following --
7 (i) as soon as possible after becoming
8 aware of the escape of petroleum or a
9 regulated substance, take all reasonably
10 practicable steps to eliminate or control
11 it;
12 (ii) clean up the escaped petroleum or
13 regulated substance and remediate any
14 resulting damage to the environment;
15 (iii) carry out environmental monitoring of
16 the impact of the escape on the
17 environment and anything done by the
18 registered holder of the title under
19 subparagraph (i) or (ii);
20 and
21 (b) if any of the escaped petroleum or regulated
22 substance has migrated to interstate land or
23 waters, on that land or in those waters, as the
24 case may be --
25 (i) clean up the escaped petroleum or
26 regulated substance and remediate any
27 resulting damage to the environment;
28 and
29 (ii) carry out environmental monitoring of
30 the impact of the escape and clean-up
31 on the environment.
32 (4) The registered holder of the title must notify the
33 Minister administering the interstate Act as soon as
page 261
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 237
1 practicable after doing anything under
2 subsection (3)(b).
3 74B. Escape of petroleum or regulated substance:
4 reimbursement of State
5 (1) This section applies if the Minister considers on
6 reasonable grounds that the registered holder of a title
7 has failed to comply with section 74A(3) in relation to
8 an escape of petroleum or a regulated substance.
9 (2) The Minister may do any or all of the things that the
10 Minister considers, on reasonable grounds, the
11 registered holder of the title has failed to do to comply
12 with section 74A(3).
13 (3) Costs or expenses incurred by the State in doing any
14 thing under subsection (2) are --
15 (a) a debt due to the Crown by the registered
16 holder of the title; and
17 (b) recoverable by the State in a court of competent
18 jurisdiction.
19
20 237. Section 78 amended
21 (1) Before section 78(1) insert:
22
23 (1A) In this section --
24 instrument of transfer, in relation to an application for
25 approval of a transfer of a title, means an instrument of
26 transfer in the approved form executed --
27 (a) by the registered holder or, if there are 2 or
28 more registered holders, by each registered
29 holder; and
page 262
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 237
1 (b) by the transferee or, if there are 2 or more
2 transferees, by each transferee.
3
4 (2) Delete section 78(3) and insert:
5
6 (3) An application for approval of a transfer of a title
7 lodged in hard copy form must be accompanied by --
8 (a) the instrument of transfer; and
9 (b) a copy of the instrument of transfer; and
10 (c) for each transferee, if any, who is not a
11 registered holder -- a statement of the technical
12 advice and financial resources available, or that
13 will be available, to the transferee.
14 (3A) An application for approval of a transfer of a title
15 lodged by electronic means must be accompanied
16 by --
17 (a) an electronic copy of the instrument of transfer;
18 and
19 (b) for each transferee, if any, who is not a
20 registered holder -- an electronic copy of a
21 statement of the technical advice and financial
22 resources available, or that will be available, to
23 the transferee.
24 (3B) If subsection (3A) applies, the Minister may at any
25 time require the instrument of transfer to be lodged in
26 hard copy form.
27
28 (3) Delete section 78(9) and insert:
29
30 (9) If the Minister approves the transfer of a title, the
31 Minister must, on payment of the fee provided for by
32 the Registration Fees Act, enter in the register a
page 263
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 238
1 memorandum of the transfer and the name of the
2 transferee or of each transferee.
3
4 (4) Delete section 78(12) and insert:
5
6 (12) If a transfer is registered, the Minister must --
7 (a) retain a copy of the instrument of transfer; and
8 (b) make the copy available for inspection in
9 accordance with this Division.
10
11 238. Section 81 amended
12 (1) Delete section 81(4) and (4a) and insert:
13
14 (4) If an application under subsection (3) for approval of a
15 dealing is lodged in hard copy form, the application --
16 (a) must be accompanied by either --
17 (i) the instrument evidencing the dealing
18 and a copy of it; or
19 (ii) if the instrument evidencing the dealing
20 has already been lodged with the
21 Minister in hard copy form for the
22 purposes of another application --
23 2 copies of the instrument;
24 and
25 (b) the application may be accompanied by an
26 instrument setting out any particulars
27 prescribed for the purposes of an application for
28 approval of a dealing of that kind, and a copy of
29 it.
page 264
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 238
1 (4A) If an application under subsection (3) for approval of a
2 dealing is lodged by electronic means, the
3 application --
4 (a) must be accompanied by an electronic copy of
5 the instrument evidencing the dealing; and
6 (b) may be accompanied by an electronic copy of
7 an instrument setting out any particulars
8 prescribed for the purposes of an application for
9 approval of a dealing of that kind.
10 (4B) If subsection (4A) applies, the Minister --
11 (a) may at any time require to be lodged in hard
12 copy form either --
13 (i) the instrument referred to in
14 subsection (4A)(a); or
15 (ii) if the instrument has already been
16 lodged with the Minister in hard copy
17 form for the purposes of another
18 application -- a copy of the instrument;
19 and
20 (b) may at any time require to be lodged in hard
21 copy form any instrument that accompanied the
22 application under subsection (4A)(b).
23
24 (2) Delete section 81(8).
25 (3) Delete section 81(12) and insert:
26
27 (12) If the Minister approves a dealing, the Minister must,
28 on payment of the fee provided for by the Registration
29 Fees Act, make an entry of the approval of the dealing
30 in the register.
31
page 265
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 239
1 (4) In section 81(13):
2 (a) in paragraph (a) delete "subsection (4)(b), one" and
3 insert:
4
5 subsection (4)(b) or (4A)(b) (as the case may be), a
6
7 (b) in paragraph (a) delete "endorsed with a memorandum
8 of approval";
9 (c) in paragraph (b) delete "subsection (4)(b)," and insert:
10
11 subsection (4)(b) or (4A)(b) (as the case may be),
12
13 (d) in paragraph (b) delete "endorsed with a copy of the
14 memorandum of approval of the dealing";
15 (e) in paragraph (c) delete "endorsed with a memorandum
16 of approval";
17 (f) in paragraph (c) after "subsection (4)(b)" insert:
18
19 or (4B)(b)
20
21 239. Section 81A amended
22 In section 81A(2) delete "Section 81(4), (7) and (8)" and insert:
23
24 Section 81(4), (4A), (4B) and (7)
25
page 266
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 240
1 240. Section 82 amended
2 (1) In section 82(1)(c) delete "of the kind referred to in
3 section 81(4)(b)," and insert:
4
5 described in section 81(4)(b), (4A)(b) or (4B)(b),
6
7 (2) In section 82(1) in the Penalty delete "Penalty:" and insert:
8
9 Penalty for this subsection:
10
11 241. Section 97A amended
12 In section 97A(1) and (2) delete "petroleum." and insert:
13
14 petroleum or a regulated substance.
15
16 242. Section 97B inserted
17 After section 97A insert:
18
19 97B. Provisions relating to approvals granted in relation
20 to regulated substances
21 (1) In this section --
22 title means any of the following --
23 (a) a permit;
24 (b) a lease;
25 (c) a licence;
26 (d) a special prospecting authority;
27 (e) an access authority.
page 267
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 242
1 (2) Subsection (3) applies if --
2 (a) on its grant, a title includes an approval for the
3 purposes of section 28(2)(a), 38C(2)(a),
4 52(2)(a), 111(4A)(a) or 112(5AA)(a); or
5 (b) a title that includes such an approval is
6 renewed.
7 (3) The conditions which the Minister may impose on the
8 title on its grant or renewal (as the case requires)
9 include conditions for purposes related to the approval
10 or to anything that is authorised by virtue of the
11 approval.
12 (4) Subsections (5) to (7) apply if the Minister grants an
13 approval for the purposes of section 28(2)(b),
14 38C(2)(b), 52(2)(b), 111(4A)(b) or 112(5AA)(b) in
15 relation to a title.
16 (5) When granting the approval, the Minister may also, for
17 purposes related to the approval or to anything that is
18 authorised by virtue of the approval, by instrument in
19 writing, vary the conditions to which the title is subject
20 (including by imposing new conditions or removing
21 conditions).
22 (6) If the title is renewed, the conditions which the
23 Minister may impose on the title on its renewal include
24 conditions for purposes related to the approval or to
25 anything that is authorised by virtue of the approval.
26 (7) Section 76(2)(a) applies to the instrument by which the
27 approval is granted.
28
page 268
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 243
1 243. Section 111 amended
2 (1) After section 111(2)(c) insert:
3
4 (ca) may include an application for an approval for
5 the purposes of subsection (4A)(a); and
6
7 (2) After section 111(3) insert:
8
9 (3A) If the Minister grants a special prospecting authority on
10 an application that included an application for an
11 approval for the purposes of subsection (4A)(a), the
12 Minister may grant the approval and include it in the
13 special prospecting authority.
14
15 (3) In section 111(4) delete "A special" and insert:
16
17 Except as provided in subsection (4A), a special
18
19 (4) After section 111(4) insert:
20
21 (4A) A special prospecting authority does not authorise the
22 holder to carry on petroleum exploration operations in
23 relation to a regulated substance unless --
24 (a) the special prospecting authority includes an
25 approval granted by the Minister extending the
26 special prospecting authority to cover the
27 regulated substance; or
28 (b) the holder applies to the Minister in writing for
29 such an approval and the Minister grants the
30 approval by instrument in writing.
31
page 269
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 244
1 244. Section 112 amended
2 (1) After section 112(2)(c) insert:
3
4 (ca) may include an application for an approval for
5 the purposes of subsection (5AA)(a); and
6
7 (2) After section 112(3) insert:
8
9 (3A) If the Minister grants an access authority on an
10 application that included an application for an approval
11 for the purposes of subsection (5AA)(a), the Minister
12 may grant the approval and include it in the access
13 authority.
14
15 (3) In section 112(5) delete "An access" and insert:
16
17 Except as provided in subsection (5AA), an access
18
19 (4) After section 112(5) insert:
20
21 (5AA) An access authority does not authorise the holder to
22 carry on operations in relation to a regulated substance
23 unless --
24 (a) the access authority includes an approval
25 granted by the Minister extending the access
26 authority to cover the regulated substance; or
27 (b) the holder applies to the Minister in writing for
28 such an approval and the Minister grants the
29 approval by instrument in writing.
30
page 270
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 245
1 245. Section 122 amended
2 In section 122(1)(c) delete "returns, other documents,".
3 246. Section 123A amended
4 In section 123A(1):
5 (a) in paragraph (a)(viii) delete "a consent" and insert:
6
7 an instrument of consent
8
9 (b) in paragraph (c) delete "returns, other documents,".
10 247. Section 137A amended
11 In section 137A(4) in the definition of CEO delete "department
12 of the Public Service principally assisting in the administration
13 of this Act." and insert:
14
15 Department.
16
17 248. Section 138 amended
18 (1) In section 138(1):
19 (a) in paragraph (d) delete "age." and insert:
20
21 age; or
22
23 (b) after paragraph (d) insert:
24
25 (e) by sending the document by electronic means
26 in the manner prescribed by the regulations.
27
page 271
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 248
1 (2) In section 138(2):
2 (a) in paragraph (b) delete "age." and insert:
3
4 age; or
5
6 (b) after paragraph (b) insert:
7
8 (c) by sending the document by electronic means
9 in the manner prescribed by the regulations.
10
11 (3) In section 138(3):
12 (a) in paragraph (b) delete "age." and insert:
13
14 age; or
15
16 (b) after paragraph (b) insert:
17
18 (c) by sending the document by electronic means
19 in the manner prescribed by the regulations.
20
21 (4) After section 138(3) insert:
22
23 (4) Regulations may provide for the time at which
24 documents sent by electronic means in accordance with
25 this section are taken to have been served.
26 (5) This section applies subject to any regulations made
27 under section 152(1A).
28 (6) This section does not limit any power of the Minister
29 under another provision of this Act to approve a
30 manner in which something must be done.
31
page 272
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 249
1 249. Section 142 amended
2 In section 142 delete "140" and insert:
3
4 140, 141A
5
6 250. Section 145 amended
7 In section 145(3):
8 (a) delete "pursuant to an agreement under section 67(2)(a)
9 of the Petroleum and Geothermal Energy Resources
10 Act 1967," and insert:
11
12 in accordance with an authorisation referred to in the
13 Petroleum and Geothermal Energy Resources Act 1967
14 section 67(2),
15
16 (b) delete "agreement." and insert:
17
18 authorisation or regulations under section 67(2) of that
19 Act.
20
21 251. Section 148 replaced
22 Delete section 148 and insert:
23
24 148. Ascertainment of quantity of petroleum or
25 regulated substance recovered
26 (1) In this section --
27 title holder means a permittee, lessee or licensee.
page 273
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 251
1 (2) For the purposes of this Act, the quantity of petroleum
2 or a regulated substance recovered by a title holder
3 during a period is taken to be --
4 (a) the quantity measured during the period by a
5 measuring device approved by the Minister that
6 is installed at the well-head or at another place
7 approved by the Minister; or
8 (b) the quantity determined by the Minister as
9 being the quantity recovered by the title holder
10 during the period.
11 (3) Without limiting subsection (2)(a), in the case of
12 petroleum, the approved measuring device may be a
13 measuring device installed in accordance with a
14 condition imposed under section 70(3) or the
15 Petroleum Pipelines Act 1969 section 12(2A).
16 (4) The Minister may approve a measuring device or place
17 under subsection (2)(a) subject to conditions.
18 (5) The Minister's power under subsection (2)(b) can be
19 exercised only in the following cases --
20 (a) there is no approved measuring device installed
21 as referred to in subsection (2)(a);
22 (b) there is an approved measuring device installed
23 as referred to in subsection (2)(a) but the
24 Minister is not satisfied that the quantity of
25 petroleum or the regulated substance recovered
26 by the title holder has been properly or
27 accurately measured by the measuring device;
28 (c) there is an approved measuring device installed
29 as referred to in subsection (2)(a) but the
30 Minister is satisfied that there has been a
31 contravention of a condition imposed under
page 274
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 252
1 subsection (4) on the approval of the measuring
2 device or of the place at which it is installed.
3
4 252. Section 152A amended
5 In section 152A in the definition of applicable document
6 paragraph (c) delete "report, return or other document" and
7 insert:
8
9 report
10
11 253. Part IV Division 1 heading inserted
12 At the beginning of Part IV insert:
13
14 Division 1 -- General
15
16 254. Section 152I amended
17 In section 152I --
18 (a) in paragraph (a) delete "an exploration permit for
19 petroleum" and insert:
20
21 a permit
22
23 (b) in paragraph (c) delete "production licence for
24 petroleum" and insert:
25
26 licence
27
page 275
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 255
1 255. Part IV Division 2 heading inserted
2 After section 152I insert:
3
4 Division 2 -- Forms and regulations
5
6 256. Section 152J inserted
7 Before section 152 insert:
8
9 152J. Approved forms
10 (1) The Minister may approve forms that must be used for
11 applications, notices and other documents under this
12 Act.
13 Examples for this subsection:
14 1. If the Minister approves a form for a type of application, a
15 person making an application of that type must use the
16 approved form for the application.
17 2. If the Minister approves a form for a type of notice, a person
18 giving a notice of that type must use the approved form for
19 the notice.
20 (2) An approved form must be published on a website
21 maintained by, or on behalf of, the Department.
22
23 257. Section 152 amended
24 (1) After section 152(1) insert:
25
26 (1A) Without limiting subsection (1), the regulations may
27 make provision for or in relation to the following --
28 (a) the giving of a document required or permitted
29 to be given under this Act (including the giving
30 of the document by electronic means);
page 276
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 258
1 (b) the time at which the document is taken to have
2 been given;
3 (c) the means of satisfying a requirement under this
4 Act in relation to a document in writing (for
5 example, a requirement that the original of a
6 document be given or that a document be
7 signed) if the document is given by electronic
8 means.
9 (1B) Subsection (1A) applies to a requirement or permission
10 to give a document whether the term "give", "send" or
11 "serve", or any other similar word or term, is used.
12
13 (2) In section 152(2) delete "In particular, but without limiting the
14 generality of" and insert:
15
16 Without limiting
17
18 258. Section 153 amended
19 (1) In section 153(1) delete the definition of Gazettal day.
20 (2) In section 153(1) insert in alphabetical order:
21
22 publication day means the day on which transitional
23 regulations are published in accordance with the
24 Interpretation Act 1984 section 41(1)(a);
25 specified means specified or described in transitional
26 regulations;
27
page 277
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 258
1 (3) Delete section 153(3) and (4) and insert:
2
3 (3) Regulations may prescribe anything required,
4 necessary or convenient to be prescribed in relation to a
5 transitional matter in connection with --
6 (a) amendments made to this Act by another Act
7 (the amending Act); or
8 (b) amendments made to another written law by the
9 amending Act that, wholly or partly, are
10 consequential on, or otherwise connected with,
11 amendments referred to in paragraph (a).
12 (4) Without limiting subsection (3), transitional regulations
13 may provide for specified provisions of this Act or
14 another written law --
15 (a) not to apply to, or in relation to, a specified
16 matter or thing; or
17 (b) to apply with specified modifications to, or in
18 relation to, a specified matter or thing.
19
20 (4) In section 153(5):
21 (a) delete "Gazettal" and insert:
22
23 publication
24
25 (b) delete "commences." and insert:
26
27 receives the Royal Assent.
28
29 (5) In section 153(6)(a) and (b) delete "Gazettal" and insert:
30
31 publication
32
page 278
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 259
1 (6) After section 153(6) insert:
2
3 (7) The Interpretation Act 1984 applies in relation to an
4 amendment made by the amending Act subject to
5 Schedule 3 and transitional regulations.
6
7 259. Various references to "petroleum pool" amended
8 In the provisions listed in the Table:
9 (a) delete "petroleum pool" (each occurrence) and insert:
10
11 resources pool
12
13 (b) delete "petroleum pools" (each occurrence) and insert:
14
15 resources pools
16
17 Table
s. 9(1), (2), (4), (6), (7A), (8), s. 23(1)(c)
(8A), (8B), (8D) to (8F) and (9)
s. 36(1), (2) and (5) s. 37(4)
s. 47(1)(ba) s. 58(3) and (4)
s. 59(1)(a), (2) to (7), (11) s. 97(2)(d)(i) and (e)
and (12)
s. 152(2)(i) and (j)
page 279
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 260
1 260. Various references to "petroleum" amended
2 Amend the provisions listed in the Table as set out in the Table.
3 Table
Provision Delete Insert
s. 4(1) def. of good petroleum (each petroleum or a
oil-field practice occurrence) regulated substance
s. 4(1) def. of good
processing and
transport practice
s. 4(1) def. of tank
station
s. 4(1) def. of valve
station
s. 4(1) def. of well
s. 9(8)(b), (8E)(h)
and (9)(c)
s. 19(1) and (2)
s. 34
s. 38A(2)(c)
s. 38B(1)(c)
s. 38CA(1)(b),
(2)(b)(ii) and (4)(b)
s. 38CB(1)(c)
s. 38E(1)(c)
s. 38F(2)(c)(ii)
s. 38G(1)(c)
s. 38J
page 280
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 260
Provision Delete Insert
s. 39
s. 43(2A)(b)
and (3)(b)
s. 47(1)(b)(ii)
s. 54A(1) and (3)
s. 55(1)(c)(ii)
s. 58(2)
s. 59(9)
s. 81(1)(c) and (d)(ii)
s. 112(11)
s. 124(d)
s. 126(1)(a)(iii) and
(iv)
s. 129 description of
variable "A"
s. 134(1)(c)(iii)
s. 143(3) to (7)
s. 144(2) and (3)
s. 145(1)(c)
s. 149
s. 152A def. of
petroleum mining
sample par. (b)
and (c)
page 281
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 260
Provision Delete Insert
s. 152(2)(a) to (c),
(g) and (l)(iii)
and (iv)
s. 4(1) def. of petroleum petroleum, a
pumping station regulated substance
s. 97(2)(a) and (b)
s. 152(2)(k)
s. 4(1) def. of water recovery of recovery of
line petroleum (each petroleum or a
occurrence) regulated substance
s. 59(1)(a) and (b),
(3), (5), (6) and (7)
s. 97(1)
s. 112(1) and (1a)
s. 9(1) and (8)(c) petroleum recovered petroleum or
regulated substance
s. 144(1)
recovered
s. 9(2) and (8A)(f) petroleum is petroleum or a
recovered regulated substance
s. 127
is recovered
s. 9(2), (4), (6), (7A), petroleum so petroleum or
(8A)(g) and (9) recovered regulated substances
so recovered
s. 9(4), (6) and (7A) petroleum, and petroleum or a
petroleum regulated substance,
and petroleum or a
regulated substance
page 282
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 260
Provision Delete Insert
s. 9(8)(a), (8A)(a) recover, petroleum recover, petroleum
and (8E)(a) or a regulated
substance
s. 112(13)
s. 9(8A)(b) and (d) petroleum recovered petroleum or
regulated substances
recovered
s. 9(8A)(c) petroleum (each petroleum or
and (8E)(f), (g) occurrence) regulated substances
and (i)
s. 134(1)(c)(i)
and (ii)
s. 143(1)
s. 9(9)(a) recover petroleum recover petroleum or
a regulated
substance
Pt. III Div. 2 heading petroleum petroleum or a
regulated
substance
s. 19(2) petroleum petroleum or a
regulated substance
s. 23(1)(c) petroleum has been petroleum or a
recovered regulated substance
has been recovered
page 283
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 260
Provision Delete Insert
s. 36(5) recovered petroleum recovered petroleum
or a regulated
substance
Pt. III Div. 2A petroleum petroleum or
heading regulated
Pt. III Div. 3 heading substances
s. 38H(3) petroleum (each petroleum or
occurrence) regulated substance
s. 126(1)(a)(i)
and (ii)
s. 127(a) and (b)
s. 129 description of
variable "B"
s. 145A(1)
s. 146
s. 147
s. 150(2)
s. 152(2)(l)(i)
and (ii)
s. 42(1) petroleum recovered petroleum or a
regulated substance
s. 47(2)(b)
recovered
s. 143(2)
s. 145A(2)
page 284
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 260
Provision Delete Insert
s. 42(1) that petroleum (each that petroleum or
occurrence) regulated substance
s. 47(2)(b)
s. 58(1)
s. 145(1)(a)
s. 145A(2)
s. 47(1)(ba) petroleum has been petroleum or
recovered regulated substance
has been recovered
s. 58(1) Where petroleum Where petroleum or
a regulated
substance
recoverable
petroleum recoverable
petroleum or a
regulated substance
s. 58(3) and (4) petroleum is being petroleum or a
recovered (each regulated substance
occurrence) is being recovered
s. 59(11)(aa) and (a) petroleum resources petroleum or
regulated substance
resources
s. 97(1) and (5) petroleum petroleum
exploration
s. 112(1) and (1a)
s. 97(2)(c) petroleum-bearing strata bearing
strata petroleum or a
regulated substance
page 285
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 260
Provision Delete Insert
s. 101(2)(b)(i) petroleum, petroleum or a
exploiting the regulated substance,
petroleum exploiting the
petroleum or
regulated substance
petroleum or petroleum or a
preparing petroleum regulated substance
or preparing
petroleum or a
regulated substance
s. 115(1) petroleum petroleum
exploration operations,
operations, operations relating to
operations for the the processing or
recovery of storage of petroleum
petroleum, or a regulated
operations relating to substance or the
the processing or preparation of
storage of petroleum petroleum or a
or the preparation of regulated substance
petroleum
s. 124B(1)(a) and (b) petroleum resource
s. 137A(1)(a)
s. 152(2)(n)
s. 143(2) the petroleum the petroleum or
regulated substance
s. 144(1) petroleum from petroleum or a
(each occurrence) regulated substance
from
page 286
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 261
Provision Delete Insert
s. 145(1)(a) and (b) petroleum that petroleum or a
regulated substance
that
s. 145(1)(b) petroleum petroleum operations
exploration
operations or
operations for the
recovery of
petroleum
s. 152(2)(f) of petroleum of petroleum, a
regulated substance
with petroleum with petroleum or a
regulated substance
s. 152(2)(h) petroleum bearing strata bearing
strata petroleum or a
regulated substance
1 261. Various modernisations
2 Amend the provisions listed in the Table as set out in the Table.
3 Table
Provision Delete Insert
s. 4(1) def. of partly one (each 1
cancelled par. (a) occurrence)
s. 4(1) def. of partly
determined
s. 9(2) and (8A)(d)
s. 21(3)(b)
page 287
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 261
Provision Delete Insert
s. 22(3)
s. 36(3) and (5)
s. 37(2A)(a)
and (2B)(a)
s. 38A(1)
s. 38B(1)(c)(i),
(3A)(b) and (4)
s. 38CB(5)(a)
and (b)
s. 38E(1)(e)
and (3)(b)
s. 38G(3)(a), (5), (6)
and (10)(b)
s. 38H(5)
s. 43(2A)(b)
s. 44(3)
s. 49(1) and (2)(a)
and (b)
s. 54A(1) and (2)
s. 55(4)(a) and (8)
s. 56(3)
s. 78(2)
s. 81(1), (3)(a) and
(7)
s. 81A(1)(a)
s. 101(2)(a)
page 288
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 261
Provision Delete Insert
s. 111(8)
s. 112(4)(a) and (9)
s. 134(1)
s. 138(1) and (3)
s. 142
s. 4(1) def. of access Part III Part 3
authority
s. 4(1) def. of
infrastructure
licence
s. 4(1) def. of lease
s. 4(1) def. of permit
s. 4(1) def. of
pipeline licence
s. 4(1) def. of special
prospecting
authority
Sch. 3 cl. 3
s. 4(1) def. of in pursuance of under Part 3
register Division 5 of Part III Division 5
s. 9(1), (2), (4), (6) shall be deemed is taken
and (9)
s. 38E(4)
s. 38G(9) and (10)
s. 38H(3)
page 289
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 261
Provision Delete Insert
s. 55(11)
s. 78(10)(a)
s. 101(2)
s. 9(2) proportions shall proportions must
s. 9(4) and (6) proportion shall proportion must
s. 9(8) and (10) shall (each must
occurrence)
s. 18(1) and (2)
s. 19(1)
s. 21(1)(b), (c), (d)
and (f), (2) and (3)
s. 22A(6)
s. 22(2) and (4)
s. 23(4)(b), (c)
and (d)
s. 27
s. 30(2)
s. 34(b)
s. 36(4) and (7)
s. 37(1) and (2)
s. 38A(2)(b), (c)
and (e)
s. 38B(1) to (3)
and (5)
page 290
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 261
Provision Delete Insert
s. 38CB(1) to (3)
and (6)
s. 38E(2)
s. 38F(2)
s. 38G(1) to (5)
and (7)
s. 38H(4)
s. 38J(b)
s. 39
s. 41(1)
s. 42(1) and (2)
s. 43(2A) to (3)
s. 44(2) and (3)
s. 46(3), (5) and (6)
s. 47(2) and (6)(b),
(c) and (d)
s. 49(5)
s. 50
s. 51(2)(b) to (e), (4)
and (5)(b)
s. 55(1)(c), (3), (4),
(7) and (9)
s. 58(5)
s. 59(8), (11)
and (12)
s. 76(1), (2) and (5)
page 291
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 261
Provision Delete Insert
s. 78(4), (5), (6), (7)
and (11)
s. 81(5), (6), (9),
(11), (13) and (15)
s. 82(1)
s. 96(1) and (3)
s. 97(1) to (5)
s. 97A(3)
s. 101(2a) to (5)
and (8)
s. 111(2), (6b)
and (9)
s. 112(2), (4), (10)
and (11)
s. 124
s. 126(1) to (3)
s. 128(1)
s. 129
s. 138(1), (2) and (3)
s. 143(1) and (8)
s. 144(1)
s. 152C(2)
s. 152F(2)
s. 20(2) he (each occurrence) the Minister
s. 30(3)
page 292
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 261
Provision Delete Insert
s. 42(2)
s. 47(3)
s. 49(1) and (2)
s. 58(1) and (3)
s. 59(7) and (8)
s. 96(2)
s. 97A(3)
s. 112(4)(b)(i)
and (ii)
s. 21(4) him (each the applicant
occurrence)
s. 22(4)
s. 23(5)
s. 41(2)
s. 47(2)(a) and (b)
and (7)
s. 49(1) and (6)(a)
s. 50
s. 112(3)(a)
s. 21(4) his the
s. 23(5)
s. 41(2)
s. 47(2)(a) and (b)
and (7)
page 293
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 261
Provision Delete Insert
s. 22(3) instrument on him instrument
served on him served on the
Minister
s. 23(4)(d) to him
s. 37(5)(c)
s. 44(1)
s. 47(3)
s. 49(5)(b)
s. 55(8) and (9)
s. 34(a) shall forthwith must, as soon as
practicable,
s. 38J(a)
s. 38CA(2)(a) is to must
and (d)
s. 38G(3) unless unless the Minister
s. 55(4)
s. 112(4)
s. 38G(3)(a) to (d) he has has
s. 55(4)(a) to (d)
s. 112(4)(a) to (d)
s. 38G(3)(a) his the Minister's
s. 55(4)(a)
s. 59(3)
s. 112(4)(a)
page 294
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 261
Provision Delete Insert
s. 38G(3)(b) he thinks the Minister thinks
s. 55(4)(b)
s. 40(2) and (3) his (each occurrence) the permittee's
s. 42(2) him the Minister
s. 55(4)(d)
s. 59(4), (8)
and (11)(a)
s. 112(4)(d)
s. 44(1) notice on him notice on the
applicant
served on him served on the
Minister
s. 47(2)(a) and (b) he the applicant
s. 49(6) instrument on him instrument
served on him served on the
Minister
s. 51(1) him the licensee
s. 55(4)(c)(ii) he wishes the licensee or
person wishes
s. 55(8) on him on the licensee
s. 59(3) made to him
page 295
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 2 General amendments
s. 261
Provision Delete Insert
s. 81(7) shall, for the is, for the purposes
purposes of this of this section,
section, be
s. 81(13)(a) section 203 of the the Acts Amendment
Acts Amendment (Petroleum)
(Petroleum) Act 1990 section 203
Act 1990
s. 81A(3) shall be treated as if is taken to be
it were
s. 96(2)(a) and (b) him the permittee, lessee,
licensee,
infrastructure
licensee or pipeline
licensee
s. 97(7) or a defendant or who is a
defendant
the defendant the person
s. 97(7) he the person
s. 112(4)(c)(ii)
s. 102(3) he the person or
defendant
s. 112(1) him the permittee, lessee,
licensee or holder
s. 112(3)(a) he is
s. 112(6) by him
page 296
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
General amendments Division 2
s. 261
Provision Delete Insert
s. 112(11) he the holder
s. 115(1) he the Minister or
inspector
s. 115(1)(a) and (b) him the Minister or
inspector
s. 115(2) him (each the person
occurrence)
s. 126(1) him the inspector
s. 126(1) to (3) his (each occurrence) the inspector's
1 Note: The headings to the amended sections listed in the Table are to read as
2 set out in the Table.
3 Table
Amended section Section heading
s. 9 Resources pool extending into 2 licence areas
or other areas
s. 19 Exploration for petroleum or regulated
substances
s. 34 Discovery of petroleum or regulated substance
must be notified
s. 38J Discovery of petroleum or regulated substance
must be notified
s. 39 Recovery of petroleum or regulated substance
in adjacent area
s. 58 Directions as to recovery of petroleum or
regulated substance
s. 124B Interfering with petroleum installation or
operation
s. 127 Property in petroleum or regulated substance
page 297
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 262
1 Division 3 -- Amendments relating to greenhouse gas storage
2 and transport
3 262. Long title replaced
4 Delete the long title and insert:
5
6 An Act to make provision with respect to --
7 • the exploration for and the exploitation of the
8 petroleum resources, and certain other resources, of
9 certain submerged lands adjacent to the coast of
10 Western Australia; and
11 • the injection and storage of greenhouse gas substances
12 within certain submerged lands adjacent to the coast of
13 Western Australia.
14
15 263. Section 1 amended
16 In section 1 delete "Petroleum" and insert:
17
18 Petroleum and Greenhouse Gas Storage
19
20 264. Section 4 amended
21 (1) In section 4(1) delete the definitions of:
22 access authority
23 lease
24 licence
25 permit
26 pipeline
27 primary entitlement
28 special prospecting authority
page 298
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 264
1 (2) In section 4(1) insert in alphabetical order:
2
3 access authority means --
4 (a) a petroleum access authority; or
5 (b) a GHG access authority;
6 approved site plan means a site plan in respect of
7 which an approval is in force under regulations made
8 for the purposes of section 74AI;
9 closure assurance period means a closure assurance
10 period declared under section 74AZE(2);
11 detection agent means a substance, whether in a
12 gaseous or liquid state, that --
13 (a) facilitates the monitoring of the behaviour of
14 another substance or a mixture of other
15 substances when added to --
16 (i) that other substance; or
17 (ii) that mixture of other substances;
18 and
19 (b) is prescribed by the regulations;
20 eligible GHG storage formation has the meaning given
21 in section 4B(1);
22 fundamental suitability determinants, in relation to an
23 eligible GHG storage formation, has the meaning given
24 in section 4B(9);
25 GHG access authority means a GHG access authority
26 under Part 3;
27 GHG exploration operation means an operation to
28 explore for potential GHG storage formations or
29 potential GHG injection sites, and the carrying on of
30 operations and the execution of works necessary for
31 that purpose;
page 299
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 264
1 GHG exploration permit means a GHG exploration
2 permit under Part 3;
3 GHG facility line means a pipe, or system of pipes,
4 that is --
5 (a) used to convey a greenhouse gas substance; and
6 (b) part of a greenhouse gas facility;
7 GHG infrastructure line means a pipe, or system of
8 pipes, that is --
9 (a) used to convey a greenhouse gas substance; and
10 (b) part of infrastructure facilities;
11 GHG injection licence means a GHG injection licence
12 under Part 3;
13 GHG injection line means a pipe, or system of pipes,
14 for conveying a greenhouse gas substance for any of
15 the following purposes but only if the greenhouse gas
16 substance does not pass through a terminal point on the
17 pipe, or system of pipes, before it is injected into the
18 identified GHG storage formation --
19 (a) to be compressed, processed or otherwise
20 prepared for injection into an identified GHG
21 storage formation;
22 (b) for storage prior to being injected into an
23 identified GHG storage formation;
24 (c) for injection into an identified GHG storage
25 formation;
26 GHG injection operation means --
27 (a) an operation to inject a greenhouse gas
28 substance into an identified GHG storage
29 formation, and to permanently store the
30 greenhouse gas substance in the identified
31 GHG storage formation, and the carrying on of
32 operations and the execution of works
33 necessary for those purposes; or
page 300
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 264
1 (b) an operation to monitor a greenhouse gas
2 substance stored in an identified GHG storage
3 formation, and the carrying on of operations
4 and the execution of works necessary for that
5 purpose;
6 GHG lease area means the area constituted by the
7 blocks that are the subject of a GHG retention lease;
8 GHG lessee means the registered holder of a
9 GHG retention lease;
10 GHG licence area means the area constituted by the
11 blocks that are the subject of a GHG injection licence;
12 GHG licensee means the registered holder of a GHG
13 injection licence;
14 GHG operation --
15 (a) means any of the following carried out in the
16 adjacent area --
17 (i) a GHG exploration operation;
18 (ii) an operation to drill for potential GHG
19 storage formations or potential GHG
20 injection sites, and the carrying on of
21 operations and the execution of works
22 necessary for that purpose;
23 (iii) a GHG injection operation;
24 (iv) any other kind of operation prescribed
25 by the regulations to be a GHG
26 operation;
27 but
28 (b) does not include an operation of a kind
29 prescribed by the regulations not to be a GHG
30 operation;
31 GHG permit area means the area constituted by the
32 blocks that are the subject of a GHG exploration
33 permit;
page 301
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 264
1 GHG permittee means the registered holder of a GHG
2 exploration permit;
3 GHG retention lease means a GHG retention lease
4 under Part 3;
5 GHG special prospecting authority means a GHG
6 special prospecting authority under Part 3;
7 greenhouse gas facility means a structure for or in
8 connection with the carrying out of a GHG operation;
9 greenhouse gas (GHG licence area) pipeline has the
10 meaning given in section 60M;
11 greenhouse gas (petroleum licence area) pipeline has
12 the meaning given in section 60M;
13 greenhouse gas pipeline means --
14 (a) a pipe, or system of pipes, in the adjacent area
15 as defined in section 60K(2) for conveying a
16 greenhouse gas substance, other than --
17 (i) a GHG injection line; or
18 (ii) a GHG infrastructure line; or
19 (iii) a GHG facility line; or
20 (iv) a pipe, or system of pipes, specified in
21 the regulations;
22 or
23 (b) a part of a pipe covered by paragraph (a); or
24 (c) a part of a system of pipes covered by
25 paragraph (a);
26 greenhouse gas substance or GHG has the meaning
27 given in section 4D;
28 identified GHG storage formation means a part of a
29 geological formation declared to be an identified
30 GHG storage formation under section 74AE(2)(a);
page 302
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 264
1 incidental greenhouse gas-related substance, in
2 relation to a primary greenhouse gas substance, has the
3 meaning given in section 4C(2);
4 lease means --
5 (a) a petroleum retention lease; or
6 (b) a GHG retention lease;
7 licence means --
8 (a) a petroleum production licence; or
9 (b) a GHG injection licence;
10 permit means --
11 (a) a petroleum exploration permit; or
12 (b) a GHG exploration permit;
13 petroleum access authority means a petroleum access
14 authority under Part 3;
15 petroleum exploration permit --
16 (a) means a petroleum exploration permit under
17 Part 3; and
18 (b) includes a boundary-change permit;
19 petroleum lease area means the area constituted by the
20 blocks that are the subject of a petroleum retention
21 lease;
22 petroleum lessee means the registered holder of a
23 petroleum retention lease;
24 petroleum licence area means the area constituted by
25 the blocks that are the subject of a petroleum
26 production licence;
27 petroleum licensee means the registered holder of a
28 petroleum production licence;
29 petroleum permit area means the area constituted by
30 the blocks that are the subject of a petroleum
31 exploration permit;
page 303
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 264
1 petroleum permittee means the registered holder of a
2 petroleum exploration permit;
3 petroleum pipeline means --
4 (a) a pipe, or system of pipes, in the adjacent area
5 as defined in section 60K(2) for conveying
6 petroleum (whether or not the petroleum is
7 recovered from the adjacent area), other than a
8 secondary line; or
9 (b) a part of a pipe covered by paragraph (a); or
10 (c) a part of a system of pipes covered by
11 paragraph (a);
12 petroleum production licence means a petroleum
13 production licence under Part 3;
14 petroleum retention lease means a petroleum retention
15 lease under Part 3;
16 petroleum special prospecting authority means a
17 petroleum special prospecting authority under Part 3;
18 pipeline means --
19 (a) a petroleum pipeline; or
20 (b) a greenhouse gas pipeline;
21 pipeline licence offer notice means a notice given
22 under section 64G(2), (3) or (4), 64H(2) or (3), 64I(2),
23 (3) or (4), 64J(2), (3) or (4) or 64K(2) or (3);
24 pipeline operator under the Commonwealth Act or a
25 corresponding law has the meaning given in
26 section 60L;
27 potential GHG injection site means a place that is a
28 suitable place to make a well or wells to inject a
29 greenhouse gas substance into a part of a geological
30 formation;
31 potential GHG storage formation has the meaning
32 given in section 4A(1);
page 304
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 264
1 pre-certificate notice has the meaning given in
2 section 74AT(2);
3 primary entitlement means --
4 (a) in relation to a petroleum permittee, the number
5 of blocks forming part of a location in the
6 petroleum permit area in respect of which that
7 petroleum permittee may make an application
8 under section 40(1); and
9 (b) in relation to a petroleum lessee, the number of
10 blocks in the petroleum lease area in respect of
11 which that petroleum lessee may make an
12 application under section 40A(1);
13 primary greenhouse gas substance means --
14 (a) carbon dioxide; or
15 (b) a prescribed greenhouse gas;
16 site closing certificate has the meaning given in
17 section 74AX(2);
18 site plan means a document that --
19 (a) relates to an identified GHG storage formation;
20 and
21 (b) complies with any requirements specified in the
22 regulations; and
23 (c) is divided into the following parts --
24 (i) Part A, which sets out predictions for
25 the behaviour of a greenhouse gas
26 substance stored in the identified GHG
27 storage formation;
28 (ii) Part B, which deals with other matters;
29 spatial extent, of an eligible GHG storage formation,
30 has the meaning given in section 4B(3);
page 305
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 264
1 special prospecting authority means --
2 (a) a petroleum special prospecting authority; or
3 (b) a GHG special prospecting authority;
4 terminal point means a terminal point declared under
5 section 63A(1);
6
7 (3) In section 4(1) in the definition of facility delete "petroleum
8 operation;" and insert:
9
10 petroleum operation or a GHG operation;
11
12 (4) In section 4(1) in the definition of primary licence delete
13 "licence" and insert:
14
15 petroleum production licence
16
17 (5) In section 4(1) in the definition of Registration Fees Act after
18 "Petroleum" insert:
19
20 and Greenhouse Gas Storage
21
22 (6) In section 4(1) in the definition of well delete "substance or
23 operations for the recovery of petroleum or a regulated
24 substance," and insert:
25
26 substance, operations for the recovery of petroleum or a
27 regulated substance or GHG operations,
28
page 306
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 265
1 265. Section 4A to 4D inserted
2 After section 4 insert:
3
4 4A. Potential GHG storage formation
5 (1) For the purposes of this Act, a potential GHG storage
6 formation is a part of a geological formation that is
7 suitable for the permanent storage of a greenhouse gas
8 substance injected into that part.
9 (2) For the purposes of subsection (1), it is not necessary to
10 identify the greenhouse gas substance.
11 (3) For the purposes of subsection (1), in determining
12 whether a part of a geological formation is suitable for
13 the permanent storage of a greenhouse gas substance
14 injected into that part, regard may be had to reasonably
15 foreseeable technological developments.
16 4B. Eligible GHG storage formation and related terms
17 (1) For the purposes of this Act, an eligible GHG storage
18 formation is a part of a geological formation that is
19 suitable for the permanent storage of a particular
20 amount of a particular greenhouse gas substance
21 injected at a particular point or points into that part
22 over a particular period.
23 (2) An amount referred to in subsection (1) must be at least
24 100 000 tonnes.
25 (3) For the purposes of this Act, the spatial extent of an
26 eligible GHG storage formation is the expected
27 migration pathway or pathways of the particular
28 amount of the particular greenhouse gas substance
page 307
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 265
1 injected as referred to in subsection (1), over the
2 period --
3 (a) beginning at the start of the particular period
4 referred to in that subsection; and
5 (b) ending at the notional site closing certificate
6 time as defined in subsection (8).
7 (4) In determining the spatial extent of an eligible GHG
8 storage formation, regard must be had to --
9 (a) the fundamental suitability determinants; and
10 (b) any other relevant matters.
11 (5) The regulations may provide that the expected
12 migration pathway or pathways are to be ascertained
13 for the purposes of subsection (3) on the basis of --
14 (a) 1 or more assumptions (if any) specified in the
15 regulations; and
16 (b) a level of probability specified in the
17 regulations; and
18 (c) a methodology (if any) specified in the
19 regulations.
20 (6) For the purposes of the application of this section to a
21 part of a geological formation covered by
22 subsection (1), the notional site closing certificate time
23 is worked out by --
24 (a) assuming that the particular amount of the
25 particular greenhouse gas substance referred to
26 in that subsection was injected at the particular
27 point or points referred to in that subsection
28 over the particular period referred to in that
29 subsection; and
30 (b) assuming that, throughout that period, that part
31 was an identified GHG storage formation; and
page 308
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 265
1 (c) assuming that, throughout that period,
2 operations for the injection of the greenhouse
3 gas substance into that part --
4 (i) were authorised by a GHG injection
5 licence; and
6 (ii) complied with the requirements of this
7 Act and the regulations;
8 and
9 (d) assuming that, at the end of that period,
10 operations for the injection of the greenhouse
11 gas substance into that part ceased; and
12 (e) estimating the earliest time after the end of that
13 period when the Minister would be in a position
14 to issue a site closing certificate in relation to
15 the identified GHG storage formation.
16 (7) When making an estimate under subsection (6)(e),
17 section 74AS is to be disregarded.
18 (8) The notional site closing certificate time is the time
19 estimated under subsection (6)(e).
20 (9) For the purposes of this Act, the following are the
21 fundamental suitability determinants of an eligible
22 GHG storage formation --
23 (a) the particular amount referred to in
24 subsection (1);
25 (b) the particular greenhouse gas substance referred
26 to in subsection (1);
27 (c) the particular point or points referred to in
28 subsection (1);
29 (d) the particular period referred to in
30 subsection (1);
page 309
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 265
1 (e) the effective sealing feature or attribute that
2 enables the permanent storage referred to in
3 subsection (1).
4 4C. Incidental greenhouse gas-related substance
5 (1) This section applies if a primary greenhouse gas
6 substance is captured from a particular source material.
7 (2) For the purposes of this Act, each of the following is an
8 incidental greenhouse gas-related substance in
9 relation to a primary greenhouse gas substance --
10 (a) any substance that is incidentally derived from
11 the source material;
12 (b) any substance that is incidentally derived from
13 the capture;
14 (c) if the primary greenhouse gas substance,
15 whether in a pure form or in a mixture with
16 other substances, is transported -- any
17 substance that is incidentally derived from the
18 transportation;
19 (d) if the primary greenhouse gas substance,
20 whether in a pure form or in a mixture with
21 other substances, is injected into a part of a
22 geological formation -- any substance that is
23 incidentally derived from the injection;
24 (e) if the primary greenhouse gas substance,
25 whether in a pure form or in a mixture with
26 other substances, is stored in a part of a
27 geological formation -- any substance that is
28 incidentally derived from the storage.
page 310
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 266
1 4D. Greenhouse gas substance or GHG
2 (1) For the purposes of this Act, each of the following is a
3 greenhouse gas substance or GHG --
4 (a) a primary greenhouse gas substance, whether in
5 a gaseous or liquid state;
6 (b) subject to subsection (2), a mixture of a
7 substance referred to in paragraph (a) with --
8 (i) 1 or more incidental greenhouse
9 gas-related substances, whether in a
10 gaseous or liquid state, that relate to a
11 substance referred to in paragraph (a);
12 or
13 (ii) a detection agent, whether in a gaseous
14 or liquid state.
15 (2) Subsection (1)(b) applies only if --
16 (a) the mixture consists overwhelmingly of a
17 primary greenhouse gas substance, whether in a
18 gaseous or liquid state; and
19 (b) in a case where the mixture includes a detection
20 agent -- the concentration of the detection
21 agent in the mixture is not more than the
22 concentration prescribed in relation to that
23 detection agent.
24
25 266. Section 6A amended
26 (1) In section 6A(1) delete the definition of petroleum mining
27 instrument.
28 (2) In section 6A(1) insert in alphabetical order:
29
30 Territory instrument means a permit, lease, licence,
31 infrastructure licence or pipeline licence.
32
page 311
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 267
1 (3) In section 6A(1) in the definition of Commonwealth instrument
2 delete "petroleum mining" and insert:
3
4 Territory
5
6 (4) In section 6A(3) and (4) delete "petroleum mining" (each
7 occurrence) and insert:
8
9 Territory
10
11 267. Section 6B amended
12 (1) In section 6B(1) in the definition of infrastructure facilities
13 delete "(2)," and insert:
14
15 (2) or (3),
16
17 (2) After section 6B(2) insert:
18
19 (3) The activities referred to in subsection (1) are the
20 following --
21 (a) activities preparatory to injecting a greenhouse
22 gas substance into an identified GHG storage
23 formation (for example, controlling the flow of
24 a greenhouse gas substance into the relevant
25 well);
26 (b) preparing a greenhouse gas substance for
27 injection into an identified GHG storage
28 formation (for example, pumping, processing or
29 compressing);
page 312
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 267
1 (c) preparing a greenhouse gas substance for
2 transport to another place (for example,
3 pumping or compressing);
4 (d) storing a greenhouse gas substance before it
5 is --
6 (i) transported to another place; or
7 (ii) injected into an identified GHG storage
8 formation; or
9 (iii) subjected to any other activity at a
10 facility, structure or installation;
11 (e) monitoring the behaviour of a greenhouse gas
12 substance stored in an identified GHG storage
13 formation;
14 (f) remote control of facilities, structures or
15 installations used to --
16 (i) inject a greenhouse gas substance into
17 an identified GHG storage formation; or
18 (ii) store a greenhouse gas substance in an
19 identified GHG storage formation; or
20 (iii) do anything referred to in paragraphs (a)
21 to (e);
22 (g) activities related to anything referred to in
23 paragraphs (a) to (f).
24 (4) For the purposes of subsection (3), the injection of a
25 greenhouse gas substance into an identified GHG
26 storage formation is taken to take place at the top of the
27 relevant well.
28
page 313
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 268
1 268. Part 3 heading replaced
2 Delete the heading to Part 3 and insert:
3
4 Part 3 -- Operations relating to recovery of
5 petroleum or regulated substances or
6 GHG injection, storage and transport
7
8 269. Section 18 amended
9 After section 18(2) insert:
10
11 (3) The Minister may, by instrument published in the
12 Gazette, declare that a block specified in the instrument
13 must not be the subject of a GHG exploration permit,
14 GHG retention lease, GHG injection licence, GHG
15 special prospecting authority or GHG access authority.
16 (4) A declaration cannot be made under subsection (3) in
17 respect of a block in respect of which a GHG
18 exploration permit, GHG retention lease or GHG
19 injection licence is in force.
20 (5) While a declaration under subsection (3) remains in
21 force in respect of a block, a GHG exploration permit,
22 GHG retention lease, GHG injection licence, GHG
23 special prospecting authority or GHG access authority
24 must not be granted in respect of that block.
25
26 270. Part 3 Division 2 heading amended
27 In the heading to Part 3 Division 2 delete "for petroleum or a
28 regulated substance".
page 314
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 271
1 271. Section 19 amended
2 (1) Before section 19(1) insert:
3
4 (1A) In this section --
5 explore for, in relation to petroleum, a regulated
6 substance, a potential GHG storage formation or a
7 potential GHG injection site, includes to conduct any
8 geophysical survey the data from which is intended for
9 use in the search for petroleum, a regulated substance,
10 a potential GHG storage formation or a potential GHG
11 injection site.
12
13 (2) In section 19(1):
14 (a) in paragraph (a) before "permit" insert:
15
16 petroleum exploration
17
18 (b) delete the Penalty and insert:
19
20 Penalty for this subsection: imprisonment for 5 years or
21 a fine of $50 000.
22
23 (3) Delete section 19(2) and insert:
24
25 (2) A person must not explore for a potential GHG storage
26 formation or a potential GHG injection site in the
27 adjacent area except --
28 (a) under and in accordance with a GHG
29 exploration permit; or
page 315
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 272
1 (b) as otherwise permitted by this Act.
2 Penalty for this subsection: imprisonment for 5 years or
3 a fine of $50 000.
4
5 Note: The heading to amended section 19 is to read:
6 Exploration for petroleum, regulated substances, potential GHG
7 storage formations and potential GHG injection sites restricted
8 272. Section 20 amended
9 After section 20(2) insert:
10
11 (3) The Minister may, in an instrument under
12 subsection (1) inviting applications for the grant of a
13 GHG exploration permit, direct that the applications be
14 accompanied by --
15 (a) information concerning the source, volume and
16 composition of the greenhouse gas substance
17 that is proposed to be initially injected and
18 stored; and
19 (b) any other information the Minister considers
20 relevant.
21
22 273. Section 20A inserted
23 After section 20 insert:
24
25 20A. Petroleum lessee or licensee to be notified of
26 proposal to advertise certain blocks
27 (1) This section applies if --
28 (a) the Minister proposes to publish an instrument
29 under section 20(1) inviting applications for the
30 grant of a GHG exploration permit in respect of
31 a block or blocks that is or are the subject of a
page 316
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 273
1 petroleum retention lease or petroleum
2 production licence; and
3 (b) at the time of the proposal, the petroleum lessee
4 or petroleum licensee is entitled to apply for the
5 grant of a GHG retention lease or GHG
6 injection licence over the block or blocks.
7 (2) The Minister must, at least 60 days before the proposed
8 publication of the instrument, notify the petroleum
9 lessee or petroleum licensee of the proposed
10 publication.
11 (3) Subsection (4) applies if the petroleum lessee or
12 petroleum licensee makes an application referred to in
13 subsection (1)(b) during the period --
14 (a) beginning when the petroleum lessee or
15 petroleum licensee is given the notification
16 under subsection (2); and
17 (b) ending at the end of the day before the day of
18 proposed publication of the instrument.
19 (4) The Minister must not publish the instrument until --
20 (a) the application lapses; or
21 (b) the petroleum lessee or petroleum licensee
22 withdraws the application; or
23 (c) the Minister refuses to grant the GHG retention
24 lease or GHG injection licence.
25
page 317
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 274
1 274. Section 21 amended
2 In section 21(1):
3 (a) in paragraph (c) before "must" insert:
4
5 in the case of an application for a petroleum exploration
6 permit --
7
8 (b) delete paragraph (da) and insert:
9
10 (da) in the case of an application for a petroleum
11 exploration permit -- may include an
12 application for an approval for the purposes of
13 section 28(2)(a); and
14 (db) in the case of an application for a GHG
15 exploration permit -- must be accompanied by
16 any information required under section 20(3);
17 and
18
19 275. Section 22A amended
20 Delete section 22A(1) and insert:
21
22 (1) This section applies if --
23 (a) 2 or more applications are made under
24 section 20 for the grant of a petroleum
25 exploration permit for the same block or
26 blocks; or
27 (b) 2 or more applications are made under
28 section 20 for the grant of a GHG exploration
29 permit for the same block or blocks.
30
page 318
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 276
1 276. Section 22 amended
2 (1) Delete section 22(2)(aa) and insert:
3
4 (aa) if the application is an application for a
5 petroleum exploration permit and included an
6 application for an approval for the purposes of
7 section 28(2)(a) -- a statement as to whether
8 the approval will be granted with the petroleum
9 exploration permit; and
10
11 (2) In section 22(4) delete "permit" and insert:
12
13 petroleum exploration permit or a GHG exploration permit (as
14 the case requires)
15
16 (3) In section 22(4A) delete "permit" and insert:
17
18 petroleum exploration permit
19
20 277. Section 23 amended
21 (1) In section 23(1):
22 (a) in paragraph (a) before "lease" insert:
23
24 petroleum retention
25
26 (b) in paragraph (aa) before "licence" insert:
27
28 petroleum production
29
page 319
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 278
1 (c) in paragraph (b) before "permit" insert:
2
3 petroleum exploration
4
5 (d) in paragraph (c) delete "permit, lease or licence" and
6 insert:
7
8 petroleum exploration permit, petroleum retention lease
9 or petroleum production licence
10
11 (e) delete "grant of a permit" and insert:
12
13 grant of a petroleum exploration permit
14
15 (2) In section 23(4)(d) delete "grant of a permit" and insert:
16
17 grant of a petroleum exploration permit
18
19 Note: The heading to amended section 23 is to read:
20 Application for petroleum exploration permit for surrendered,
21 cancelled or determined blocks
22 278. Section 24 amended
23 In section 24(2) and (3) delete "permit" and insert:
24
25 petroleum exploration permit
26
page 320
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 279
1 279. Section 25 amended
2 (1) In section 25(1) and (2) delete "permit" (each occurrence) and
3 insert:
4
5 petroleum exploration permit
6
7 (2) In section 25(5):
8 (a) in paragraph (a) delete "permit" and insert:
9
10 petroleum exploration permit
11
12 (b) in paragraph (aa) delete "permit; and" and insert:
13
14 petroleum exploration permit; and
15
16 (c) in paragraph (b)(ii) delete "permit" and insert:
17
18 petroleum exploration permit
19
20 280. Section 26 amended
21 In section 26(1) and (2) delete "permit" (each occurrence) and
22 insert:
23
24 petroleum exploration permit
25
26 Note: The heading to amended section 26 is to read:
27 Request by applicant for grant of petroleum exploration permit in
28 respect of advertised blocks
page 321
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 281
1 281. Section 27 amended
2 In section 27 delete "permit" (each occurrence) and insert:
3
4 petroleum exploration permit
5
6 Note: The heading to amended section 27 is to read:
7 Grant of petroleum exploration permit on request
8 282. Section 27A amended
9 In section 27A(5)(c) and (6)(c) delete "a permit" and insert:
10
11 a petroleum exploration permit
12
13 283. Section 28 replaced
14 Delete section 28 and insert:
15
16 28. Rights conferred by petroleum exploration permit
17 (1) Except as provided in subsection (2), a petroleum
18 exploration permit, while it remains in force, authorises
19 the petroleum permittee, subject to this Act and in
20 accordance with the conditions to which the permit is
21 subject --
22 (a) to explore for petroleum or a regulated
23 substance in the petroleum permit area; and
24 (b) to recover petroleum or a regulated substance in
25 the petroleum permit area for the purpose of
26 establishing the nature and probable extent of a
27 discovery of petroleum or a regulated
28 substance; and
page 322
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 283
1 (c) to carry on any operations and execute any
2 works in the petroleum permit area that are
3 necessary for those purposes.
4 (2) A petroleum exploration permit does not authorise the
5 petroleum permittee to do the things referred to in
6 subsection (1)(a) to (c) in relation to a regulated
7 substance unless --
8 (a) the petroleum exploration permit includes an
9 approval granted by the Minister extending the
10 permit to cover the regulated substance; or
11 (b) the petroleum permittee applies to the Minister
12 in writing for such an approval and the Minister
13 grants the approval by instrument in writing.
14 (3) A petroleum exploration permit does not authorise the
15 petroleum permittee to make a well outside the
16 petroleum permit area.
17 Note for this subsection:
18 The petroleum permittee may be able to make a well
19 outside the petroleum permit area under another authority,
20 for example, a petroleum access authority.
21 28A. Rights conferred by GHG exploration permit
22 (1) A GHG exploration permit, while it remains in force,
23 authorises the GHG permittee, subject to this Act and
24 in accordance with the conditions to which the GHG
25 exploration permit is subject --
26 (a) to explore for a potential GHG storage
27 formation in the GHG permit area; and
28 (b) to explore for a potential GHG injection site in
29 the GHG permit area; and
30 (c) to inject, on an appraisal basis, a greenhouse
31 gas substance into a part of a geological
32 formation, so long as the relevant well is
33 situated in the GHG permit area; and
page 323
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 283
1 (d) to store, on an appraisal basis, a greenhouse gas
2 substance in a part of a geological formation, so
3 long as the relevant well is situated in the GHG
4 permit area; and
5 (e) to inject, on an appraisal basis, any of the
6 following into a part of a geological formation
7 for purposes in connection with the exploration
8 authorised by paragraph (a) or (b), so long as
9 the relevant well is situated in the GHG permit
10 area --
11 (i) air;
12 (ii) petroleum;
13 (iii) water;
14 and
15 (f) to store, on an appraisal basis, any of the
16 following in a part of a geological formation for
17 purposes in connection with the exploration
18 authorised by paragraph (a) or (b), so long as
19 the relevant well is situated in the GHG permit
20 area --
21 (i) air;
22 (ii) petroleum;
23 (iii) water;
24 and
25 (g) with the written consent of the Minister, to
26 recover petroleum or a regulated substance in
27 the GHG permit area for the sole purpose of
28 appraising a discovery of --
29 (i) petroleum or a regulated substance that
30 was made as an incidental consequence
31 of the exploration authorised by
32 paragraph (a) or (b); or
page 324
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 284
1 (ii) petroleum that was made as an
2 incidental consequence of the injection
3 authorised by paragraph (c) or (e);
4 and
5 (h) to carry on any operations and execute any
6 works in the GHG permit area that are
7 necessary for those purposes.
8 (2) If petroleum or a regulated substance is recovered by
9 the GHG permittee in the GHG permit area as
10 authorised by subsection (1)(g), the petroleum or
11 regulated substance does not become the property of
12 the GHG permittee.
13 (3) A GHG exploration permit does not authorise the GHG
14 permittee to make a well outside the GHG permit area.
15
16 284. Section 30 amended
17 (1) In section 30(1) delete "32A and 32B," and insert:
18
19 32A, 32B and 32C,
20
21 (2) In section 30(2) delete "the permit --" and insert:
22
23 a petroleum exploration permit --
24
25 (3) In section 30(3) delete "the permit" (1st occurrence) and insert:
26
27 a petroleum exploration permit
28
page 325
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 285
1 (4) After section 30(3) insert:
2
3 (4) An application for the renewal of a GHG exploration
4 permit must --
5 (a) subject to subsection (5), be made in an
6 approved manner --
7 (i) not more than 12 months before the day
8 of expiration of the permit; and
9 (ii) at least 6 months before the day of
10 expiration of the permit;
11 and
12 (b) be accompanied by the prescribed fee.
13 (5) The Minister may, for reasons that the Minister thinks
14 sufficient, receive an application for the renewal of a
15 GHG exploration permit less than 6 months before, but
16 not in any case after, the day of expiration of the
17 permit.
18
19 285. Section 32A amended
20 (1) In section 32A(1) after "applies to a" insert:
21
22 petroleum exploration
23
24 (2) In section 32A(2) after "if a" insert:
25
26 petroleum exploration
27
28 Note: The heading to amended section 32A is to read:
29 Certain petroleum exploration permits cannot be renewed more
30 than twice
page 326
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 286
1 286. Section 32C inserted
2 After section 32B insert:
3
4 32C. GHG exploration permits cannot be renewed more
5 than once
6 Despite sections 30(1) and 32, if a GHG exploration
7 permit has been renewed once --
8 (a) the permittee is not entitled to apply for a
9 further renewal of the permit; and
10 (b) the Minister cannot grant a further renewal of
11 the permit.
12
13 287. Section 34 replaced
14 Delete section 34 and insert:
15
16 34. Certain discoveries in permit area to be notified
17 (1) Subsection (2) applies if --
18 (a) petroleum or a regulated substance is
19 discovered in a permit area; or
20 (b) a potential GHG storage formation or potential
21 GHG injection site is discovered in a permit
22 area.
23 (2) The permittee must --
24 (a) immediately inform the Minister of the
25 discovery; and
page 327
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 288
1 (b) within the period of 3 days after the day of the
2 discovery, give to the Minister particulars in
3 writing of the discovery.
4 Penalty for this subsection: a fine of $10 000.
5
6 288. Part 3 Division 2A heading amended
7 In the heading to Part 3 Division 2A delete "for petroleum or
8 regulated substances".
9 289. Section 38A amended
10 (1) In section 38A(1):
11 (a) before "permittee" insert:
12
13 petroleum
14
15 (b) before "permit" insert:
16
17 petroleum exploration
18
19 (c) before "lease" insert:
20
21 petroleum retention
22
23 (2) After section 38A(1) insert:
24
25 (1A) A GHG permittee may, within the application period,
26 apply to the Minister for the grant of a GHG retention
27 lease in respect of 1 or more of the blocks specified in
28 the application if --
29 (a) the GHG exploration permit is in force in
30 respect of the block or blocks; and
page 328
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 289
1 (b) 1 or more identified GHG storage formations
2 are wholly situated in the GHG permit area;
3 and
4 (c) neither a GHG injection licence nor a GHG
5 retention lease is in force in respect of the block
6 or blocks.
7
8 (3) After section 38A(2) insert:
9
10 (2A) An application under subsection (1A) --
11 (a) must be made in an approved manner; and
12 (b) must be accompanied by --
13 (i) particulars of the proposals of the
14 applicant for work and expenditure in
15 respect of the 1 or more identified GHG
16 storage formations comprised in the
17 block or blocks specified in the
18 application; and
19 (ii) an assessment of when the applicant
20 will be in a position to carry on a GHG
21 injection operation in respect of each
22 identified GHG storage formation
23 comprised in the block or blocks
24 specified in the application;
25 and
26 (c) may set out any other matters that the applicant
27 wishes to be considered; and
28 (d) must be accompanied by the prescribed fee.
29
page 329
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 290
1 (4) In section 38A(4) delete "this section by a" and insert:
2
3 subsection (1) by a petroleum
4
5 (5) After section 38A(4) insert:
6
7 (5) The application period in respect of an application
8 under subsection (1A) is --
9 (a) the period of 12 months after --
10 (i) if there is a single identified GHG
11 storage formation -- the day on which
12 the identified GHG storage formation
13 was declared; or
14 (ii) if there are 2 or more identified GHG
15 storage formations -- the earliest day on
16 which any of the identified GHG
17 storage formations was declared;
18 or
19 (b) if the Minister, on application in writing made
20 to the Minister before the end of the period
21 referred to in paragraph (a), allows a further
22 period of not more than 6 months -- that
23 further period.
24
25 290. Section 38B amended
26 (1) In section 38B(1):
27 (a) in paragraph (a) delete "38A; and" and insert:
28
29 38A(1); and
30
page 330
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 290
1 (b) before "lease" insert:
2
3 petroleum retention
4
5 (2) After section 38B(1) insert:
6
7 (1A) On an application under section 38A(1A), the Minister
8 must, by written notice served on the applicant, inform
9 the applicant that the Minister is prepared to grant to
10 the applicant a GHG retention lease in respect of 1 or
11 more of the blocks specified in the application if --
12 (a) the applicant gives any further information as
13 and when required by the Minister under
14 section 38A(3); and
15 (b) the Minister is satisfied that --
16 (i) the area comprised in the block or
17 blocks contains an identified GHG
18 storage formation; and
19 (ii) the applicant is not, at the time of the
20 application, in a position to carry on a
21 GHG injection operation in respect of
22 that identified GHG storage formation
23 but is likely to be in a position to do so
24 within the period of 10 years after that
25 time.
26
27 (3) In section 38B(2)(b) after "(1)(c)" insert:
28
29 or (1A)(b)
30
page 331
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 290
1 (4) In section 38B(3A):
2 (a) in paragraph (b) after "(1)(c)" insert:
3
4 or (1A)(b)
5
6 (b) delete "(1)(c)." and insert:
7
8 (1)(c) or (1A)(b).
9
10 (5) In section 38B(3):
11 (a) after "(1)" insert:
12
13 or (1A)
14
15 (b) delete paragraph (aa) and insert:
16
17 (aa) if the instrument is under subsection (1) and the
18 application included an application for an
19 approval for the purposes of
20 section 38C(2)(a) -- a statement as to whether
21 the approval will be granted with the petroleum
22 retention lease; and
23
24 (6) In section 38B(4) after "(1)" insert:
25
26 or (1A)
27
page 332
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 291
1 (7) In section 38B(5):
2 (a) after "(1)" insert:
3
4 or (1A)
5
6 (b) before "retention lease" insert:
7
8 petroleum retention lease or GHG
9
10 (8) In section 38B(5A) delete "lease" and insert:
11
12 petroleum retention lease
13
14 (9) In section 38B(6) after "(1)" insert:
15
16 or (1A)
17
18 291. Section 38BA amended
19 In section 38BA:
20 (a) in paragraph (a) delete "section 38A(1)" and insert:
21
22 section 38A(1) or (1A)
23
24 (b) in paragraph (b) delete "38B(1) or (2)" and insert:
25
26 38B(1), (1A), (2) or (3A)
27
page 333
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 292
1 292. Sections 38BB, 38BC and 38BD inserted
2 After section 38BA insert:
3
4 38BB. Application by petroleum lessee for GHG retention
5 lease
6 (1) A petroleum lessee may apply to the Minister for the
7 grant of a GHG retention lease in respect of 1 or more
8 of the blocks specified in the application if --
9 (a) the petroleum retention lease is in force in
10 respect of the block or blocks; and
11 (b) 1 or more identified GHG storage formations
12 are wholly situated in the petroleum lease area;
13 and
14 (c) none of the following is in force in respect of
15 the block or blocks --
16 (i) a GHG exploration permit;
17 (ii) a GHG injection licence;
18 (iii) a GHG retention lease.
19 (2) An application under subsection (1) --
20 (a) must be made in an approved manner; and
21 (b) must be accompanied by --
22 (i) particulars of the proposals of the
23 applicant for work and expenditure in
24 respect of the 1 or more identified GHG
25 storage formations comprised in the
26 block or blocks specified in the
27 application; and
28 (ii) an assessment of when the applicant
29 will be in a position to carry on a GHG
30 injection operation in respect of each
31 identified GHG storage formation
page 334
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 292
1 comprised in the block or blocks
2 specified in the application;
3 and
4 (c) may set out any other matters that the applicant
5 wishes to be considered; and
6 (d) must be accompanied by the prescribed fee.
7 (3) The Minister may, at any time and by instrument in
8 writing served on the applicant, require the applicant to
9 give to the Minister, within the period specified in the
10 instrument, further information in writing in connection
11 with the application.
12 38BC. Grant or refusal of GHG retention lease in relation
13 to application by petroleum lessee
14 (1) On an application under section 38BB(1), the Minister
15 must, by written notice served on the applicant, inform
16 the applicant that the Minister is prepared to grant to
17 the applicant a GHG retention lease in respect of 1 or
18 more of the blocks specified in the application if --
19 (a) the applicant has given any further information
20 as and when required by the Minister under
21 section 38BB(3); and
22 (b) the Minister is satisfied that --
23 (i) the area comprised in the block or any
24 1 or more of the blocks specified in the
25 application contains an identified GHG
26 storage formation; and
27 (ii) the applicant is not, at the time of the
28 application, in a position to carry on a
29 GHG injection operation in respect of
30 the identified GHG storage formation
31 but is likely to be in that position within
32 the period of 10 years after that time.
page 335
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 292
1 (2) On an application under section 38BB(1), the Minister
2 must, by written notice served on the applicant, refuse
3 to grant a GHG retention lease to the applicant if --
4 (a) the applicant has not given any further
5 information as and when required by the
6 Minister under section 38BB(3); or
7 (b) the Minister is not satisfied as to the matters
8 referred to in subsection (1)(b) in relation to the
9 block or all of the blocks specified in the
10 application.
11 (3) On an application under section 38BB(1) specifying 2
12 or more blocks, the Minister must, by written notice
13 served on the applicant, refuse to grant a GHG
14 retention lease to the applicant if the Minister is not
15 satisfied as to the matters referred to in
16 subsection (1)(b) in relation to any of the blocks.
17 (4) A notice under subsection (1) must contain --
18 (a) a summary of the conditions subject to which
19 the lease is to be granted; and
20 (b) a statement to the effect that the application
21 will lapse if the applicant does not make a
22 request under subsection (5) in respect of the
23 grant of the lease.
24 (5) An applicant on whom a notice is served under
25 subsection (1) may request the Minister to grant the
26 lease to the applicant.
27 (6) The request must be in writing and must be made --
28 (a) before the end of the period of 1 month after
29 the day of service of the notice on the applicant
30 under subsection (1); or
31 (b) if the Minister, on application in writing made
32 to the Minister before the end of that period,
33 allows a further period of not more than
page 336
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 293
1 1 month for the making of the request -- before
2 the end of that further period.
3 (7) If the applicant makes the request within the period
4 applicable under subsection (6), the Minister must
5 grant to the applicant a GHG retention lease in respect
6 of the block or blocks specified in the notice under
7 subsection (1).
8 (8) If the applicant does not make the request within the
9 period applicable under subsection (6), the application
10 lapses at the end of that period.
11 38BD. Application of s. 38BB and 38BC if petroleum
12 retention lease is transferred
13 (1) This section applies if a transfer of a petroleum
14 retention lease is registered under section 78 --
15 (a) after an application has been made under
16 section 38BB(1) in relation to a block or blocks
17 in respect of which the petroleum retention
18 lease is in force; and
19 (b) before a decision has been made by the
20 Minister under section 38BC(1), (2) or (3) in
21 relation to the application.
22 (2) Sections 38BB and 38BC have effect, after the time of
23 the transfer, as if any reference in those sections to the
24 applicant were a reference to the transferee.
25
26 293. Section 38CA amended
27 (1) In section 38CA(1):
28 (a) in paragraph (a) before "licence" insert:
29
30 petroleum production
31
page 337
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 293
1 (b) before "licensee" insert:
2
3 petroleum
4
5 (c) before "lease" insert:
6
7 petroleum retention
8
9 (2) After section 38CA(1) insert:
10
11 (1A) Subsection (1B) applies if --
12 (a) a GHG injection licence is in force in respect of
13 a block or blocks; and
14 (b) 1 or more identified GHG storage formations
15 are wholly situated in the GHG licence area.
16 (1B) The GHG licensee may, within the application period,
17 apply to the Minister for the grant of a GHG retention
18 lease in respect of the block or blocks.
19 (1C) Subsection (1D) applies if --
20 (a) a petroleum production licence is in force in
21 respect of a block or blocks; and
22 (b) a single identified GHG storage formation
23 extends to the block or blocks; and
24 (c) none of the following is in force in respect of
25 the block or blocks --
26 (i) a GHG exploration permit;
27 (ii) a GHG injection licence;
28 (iii) a GHG retention lease.
29 (1D) The petroleum licensee may apply to the Minister for
30 the grant of a GHG retention lease over the block or
page 338
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 293
1 blocks to which the identified GHG storage formation
2 extends.
3
4 (3) In section 38CA(2):
5 (a) delete "(1) --" and insert:
6
7 (1), (1B) or (1D) --
8
9 (b) in paragraph (b) delete "is to" and insert:
10
11 in the case of an application under subsection (1), must
12
13 (c) delete paragraph (ba) and insert:
14
15 (ba) in the case of an application under
16 subsection (1), may include an application for
17 an approval for the purposes of
18 section 38C(2)(a); and
19 (bb) in the case of an application under
20 subsection (1B) or (1D), must be accompanied
21 by particulars of the proposals of the applicant
22 for work and expenditure in respect of the
23 block or blocks specified in the application; and
24
25 (4) After section 38CA(2) insert:
26
27 (2A) An application under subsection (1B) or (1D) must also
28 be accompanied by --
29 (a) particulars of the proposals of the applicant for
30 work and expenditure in respect of the 1 or
31 more identified GHG storage formations
32 comprised in the block or blocks specified in
33 the application; and
page 339
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 294
1 (b) an assessment of when the applicant will be in a
2 position to carry on a GHG injection operation
3 in respect of each identified GHG storage
4 formation comprised in the block or blocks
5 specified in the application.
6
7 (5) In section 38CA(4) delete "this section" and insert:
8
9 subsection (1)
10
11 (6) After section 38CA(4) insert:
12
13 (5) The application period in respect of an application
14 under subsection (1B) by a GHG licensee is the period
15 of 5 years beginning on --
16 (a) the day on which the GHG injection licence is
17 granted; or
18 (b) if any GHG injection operations have been
19 carried on under the GHG injection licence in
20 respect of the GHG licence area -- the last day
21 on which the operations are carried on.
22
23 294. Section 38CB amended
24 (1) In section 38CB(1):
25 (a) in paragraph (a) delete "38CA; and" and insert:
26
27 38CA(1); and
28
page 340
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 294
1 (b) before "lease" insert:
2
3 petroleum retention
4
5 (2) After section 38CB(1) insert:
6
7 (1A) Subsection (1B) applies if --
8 (a) an application is made under section 38CA(1B)
9 or (1D); and
10 (b) the applicant gives any further information as
11 and when required by the Minister under
12 section 38CA(3); and
13 (c) the Minister is satisfied that the applicant is not,
14 at the time of the application, in a position to --
15 (i) inject a greenhouse gas substance into
16 the identified GHG storage formation,
17 or at least 1 of the identified GHG
18 storage formations, concerned; and
19 (ii) store the greenhouse gas substance in
20 the identified GHG storage formation,
21 or at least 1 of the identified GHG
22 storage formations, concerned;
23 and
24 (d) the Minister is satisfied that the applicant is
25 likely to be in the position referred to in
26 paragraph (c) within 10 years; and
27 (e) the Minister is satisfied of the matters
28 prescribed by the regulations.
29 (1B) The Minister must, by written notice served on the
30 applicant, inform the applicant that the Minister is
31 prepared to grant to the applicant a GHG retention
page 341
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 294
1 lease in respect of the block or blocks specified in the
2 application.
3
4 (3) In section 38CB(2):
5 (a) delete "38CA" and insert:
6
7 38CA(1)
8
9 (b) before "lease" insert:
10
11 petroleum retention
12
13 (4) After section 38CB(2) insert:
14
15 (2A) Subsection (2B) applies if an application has been
16 made under section 38CA(1B) or (1D) and --
17 (a) the applicant has not given further information
18 as and when required by the Minister under
19 section 38CA(3); or
20 (b) the Minister is not satisfied as mentioned in
21 subsection (1A)(c), (d) or (e) in relation to the
22 block or blocks specified in the application.
23 (2B) The Minister must, by written notice served on the
24 applicant, refuse to grant a GHG retention lease to the
25 applicant.
26
27 (5) In section 38CB(3):
28 (a) delete "(1)" and insert:
29
30 (1) or (1B)
31
page 342
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 294
1 (b) delete paragraph (aa) and insert:
2
3 (aa) if the notice is under subsection (1) and the
4 application included an application for an
5 approval for the purposes of
6 section 38C(2)(a) -- a statement as to whether
7 the approval will be granted with the petroleum
8 retention lease; and
9
10 (6) In section 38CB(4) delete "(1)" and insert:
11
12 (1) or (1B)
13
14 (7) In section 38CB(5)(a) delete "(1); or" and insert:
15
16 (1) or (1B); or
17
18 (8) Delete section 38CB(6) and insert:
19
20 (6) If an applicant makes a request within the period
21 applicable under subsection (5), the Minister must --
22 (a) in the case of a request for a petroleum
23 retention lease, grant a petroleum retention
24 lease in respect of the unused area; or
25 (b) in the case of a request for a GHG retention
26 lease, grant a GHG retention lease in respect of
27 the block or blocks to which the request relates.
28
page 343
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 295
1 (9) In section 38CB(6A) delete "lease" and insert:
2
3 petroleum retention lease
4
5 (10) In section 38CB(8):
6 (a) before "lease" insert:
7
8 petroleum retention
9
10 (b) before "licence" insert:
11
12 petroleum production
13
14 (11) After section 38CB(8) insert:
15
16 (9) On the day on which a GHG retention lease granted
17 under this section in respect of a block or blocks comes
18 into force, any GHG injection licence ceases to be in
19 force in respect of the block or blocks.
20
21 295. Section 38CC amended
22 (1) In section 38CC(a) delete "38CA(1)" and insert:
23
24 38CA(1), (1B) or (1D)
25
26 (2) In section 38CC(b) delete "38CB(1) or (2)" and insert:
27
28 38CB(1), (1B), (2) or (2B)
29
page 344
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 296
1 296. Section 38C replaced
2 Delete section 38C and insert:
3
4 38C. Rights conferred by petroleum retention lease
5 (1) Except as provided in subsection (2), a petroleum
6 retention lease, while it remains in force, authorises the
7 petroleum lessee, subject to this Act and in accordance
8 with the conditions to which the petroleum retention
9 lease is subject --
10 (a) to explore for petroleum or a regulated
11 substance in the petroleum lease area; and
12 (b) to recover petroleum or a regulated substance in
13 the petroleum lease area for the purpose of
14 establishing the nature and probable extent of a
15 discovery of petroleum or a regulated
16 substance; and
17 (c) to carry on any operations and execute any
18 works in the petroleum lease area that are
19 necessary for those purposes.
20 (2) A petroleum retention lease does not authorise the
21 petroleum lessee to do the things referred to in
22 subsection (1)(a) to (c) in relation to a regulated
23 substance unless --
24 (a) the petroleum retention lease includes an
25 approval granted by the Minister extending the
26 lease to cover the regulated substance; or
27 (b) the petroleum lessee applies to the Minister in
28 writing for such an approval and the Minister
29 grants the approval by instrument in writing.
page 345
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 296
1 (3) A petroleum retention lease does not authorise the
2 petroleum lessee to make a well outside the petroleum
3 lease area.
4 Note for this subsection:
5 The petroleum lessee may be able to make a well outside
6 the petroleum lease area under another authority, for
7 example, a petroleum access authority.
8 38CAA. Rights conferred by GHG retention lease
9 (1) A GHG retention lease, while it remains in force,
10 authorises the GHG lessee, subject to this Act and in
11 accordance with the conditions to which the GHG
12 retention lease is subject --
13 (a) to explore for a potential GHG storage
14 formation in the GHG lease area; and
15 (b) to explore for a potential GHG injection site in
16 the GHG lease area; and
17 (c) to inject, on an appraisal basis, a greenhouse
18 gas substance into a part of the identified GHG
19 storage formation, so long as the relevant well
20 is situated in the GHG lease area; and
21 (d) to store, on an appraisal basis, a greenhouse gas
22 substance in a part of the identified GHG
23 storage formation, so long as the relevant well
24 is situated in the GHG lease area; and
25 (e) to inject, on an appraisal basis, any of the
26 following into a part of the identified GHG
27 storage formation for purposes in connection
28 with the exploration authorised by
29 paragraph (a) or (b), so long as the relevant
30 well is situated in the GHG lease area --
31 (i) air;
32 (ii) petroleum;
page 346
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 296
1 (iii) water;
2 and
3 (f) to store, on an appraisal basis, any of the
4 following in a part of the identified GHG
5 storage formation for purposes in connection
6 with the exploration authorised by
7 paragraph (a) or (b), so long as the relevant
8 well is situated in the GHG lease area --
9 (i) air;
10 (ii) petroleum;
11 (iii) water;
12 and
13 (g) with the written consent of the Minister, to
14 recover petroleum or a regulated substance in
15 the GHG lease area for the sole purpose of
16 appraising a discovery of --
17 (i) petroleum or a regulated substance that
18 was made as an incidental consequence
19 of the exploration authorised by
20 paragraph (a) or (b); or
21 (ii) petroleum that was made as an
22 incidental consequence of the injection
23 authorised by paragraph (c) or (e);
24 and
25 (h) to carry on any operations and execute any
26 works in the GHG lease area that are necessary
27 for those purposes.
28 (2) If petroleum or a regulated substance is recovered by
29 the GHG lessee in the GHG lease area as authorised by
30 subsection (1)(g), the petroleum or regulated substance
31 does not become the property of the GHG lessee.
page 347
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 297
1 (3) A GHG retention lease does not authorise the GHG
2 lessee to make a well outside the GHG lease area.
3
4 297. Section 38E amended
5 (1) Delete section 38E(1) and (2) and insert:
6
7 (1) Subsection (2) applies if --
8 (a) a lessee has been given a notice of the kind
9 referred to in section 38H(3A) during the term
10 of the lease and has carried out, and has
11 informed the Minister of the results of, the
12 re-evaluation required by the notice; and
13 (b) the lessee has not applied for the renewal of the
14 lease; and
15 (c) after consideration of the results of the
16 re-evaluation referred to in paragraph (a) and
17 any other matters that the Minister thinks fit,
18 the Minister is of the opinion that, as the case
19 requires --
20 (i) recovery of petroleum or a regulated
21 substance from the petroleum lease area
22 is commercially viable; or
23 (ii) the lessee is in a position to carry on a
24 GHG injection operation in the GHG
25 lease area.
26 (2) The Minister may serve on the lessee and on any other
27 person that the Minister thinks appropriate an
28 instrument in writing --
29 (a) informing the lessee and the other person that
30 the Minister has formed that opinion and that
31 the Minister intends to cancel the lease; and
page 348
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 297
1 (b) stating that the lessee or the other person may
2 serve an instrument in writing on the Minister
3 within the period specified in the
4 first-mentioned instrument, not being a period
5 ending earlier than 1 month after the day of
6 service of the first-mentioned instrument,
7 setting out any matters that the lessee or other
8 person, as the case may be, wishes to be
9 considered.
10 (2A) Subsection (2B) applies if --
11 (a) an instrument under subsection (2) is served on
12 a lessee; and
13 (b) either --
14 (i) the lessee does not, within the period
15 referred to in subsection (2)(b), serve on
16 the Minister an instrument setting out
17 matters that the lessee wishes to be
18 considered; or
19 (ii) the Minister, after consideration of
20 matters set out in an instrument served
21 on the Minister by the lessee within the
22 period referred to in subsection (2)(b),
23 determines that the lease should be
24 cancelled.
25 (2B) The Minister must, by instrument in writing served on
26 the lessee, cancel the lease.
27
28 (2) In section 38E(3) delete "(2)" and insert:
29
30 (2B)
31
page 349
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 298
1 (3) In section 38E(4) delete "(2)," and insert:
2
3 (2B),
4
5 298. Section 38F amended
6 (1) In section 38F(2) delete "lease --" and insert:
7
8 petroleum retention lease --
9
10 (2) After section 38F(2) insert:
11
12 (2A) An application for the renewal of a GHG retention
13 lease --
14 (a) subject to subsection (3), must be made in an
15 approved manner not less than 6 months or
16 more than 12 months before the day on which
17 the lease ceases to be in force; and
18 (b) must be accompanied by --
19 (i) particulars of the proposals of the
20 applicant for work and expenditure in
21 respect of the lease area; and
22 (ii) any other information specified in the
23 regulations;
24 and
25 (c) must be accompanied by the prescribed fee.
26
page 350
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 299
1 299. Section 38G amended
2 (1) Delete section 38G(1) and (2) and insert:
3
4 (1) Subsections (1A) and (1B) apply if --
5 (a) an application for the renewal of a lease is
6 made under section 38F(1); and
7 (b) the applicant gives further information as and
8 when required by the Minister under
9 section 38F(4); and
10 (c) in the case of a petroleum retention lease, the
11 Minister is satisfied that recovery of petroleum
12 or a regulated substance from the petroleum
13 lease area --
14 (i) is not, at the time of the application,
15 commercially viable; and
16 (ii) is likely to become commercially viable
17 within the period of 15 years after that
18 time;
19 and
20 (d) in the case of a GHG retention lease, the
21 Minister is satisfied that the applicant --
22 (i) is not, at the time of the application, in a
23 position to carry on a GHG injection
24 operation in the GHG lease area; and
25 (ii) is likely to be in that position within the
26 period of 10 years after that time.
27 (1A) The Minister must inform the applicant, by instrument
28 in writing served on the applicant, that the Minister is
29 prepared to grant to the applicant the renewal of the
30 lease if the following have been complied with --
31 (a) the conditions to which the lease is, or has from
32 time to time been, subject;
page 351
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 299
1 (b) the provisions of this Part and of the
2 regulations.
3 (1B) The Minister may inform the applicant, by instrument
4 in writing served on the applicant, that the Minister is
5 prepared to grant to the applicant the renewal of the
6 lease if --
7 (a) any condition to which the lease is, or has from
8 time to time been, subject or any provision of
9 this Part or the regulations has not been
10 complied with; and
11 (b) the Minister is, nevertheless, satisfied that
12 special circumstances exist that justify the
13 granting of the renewal of the lease.
14 (2) Subject to subsection (3), if an application for the
15 renewal of a lease is made under section 38F(1), the
16 Minister must, by instrument in writing served on the
17 applicant, refuse to grant the renewal of the lease if --
18 (a) the applicant has not given any further
19 information as and when required by the
20 Minister under section 38F(4); or
21 (b) the Minister is not satisfied as to the matters
22 referred to in subsection (1)(c) or (d),
23 whichever is applicable; or
24 (c) both of the following apply --
25 (i) any condition to which the lease is, or
26 has from time to time been, subject or
27 any provision of this Part or the
28 regulations has not been complied with;
29 (ii) the Minister is not satisfied that special
30 circumstances exist that justify the
31 granting of the renewal of the lease.
32
page 352
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 300
1 (2) In section 38G(4) delete "(1)" and insert:
2
3 (1A) or (1B)
4
5 (3) In section 38G(5) delete "(1)(c)(i)," and insert:
6
7 (1)(c)(i) or (d)(i),
8
9 (4) In section 38G(6), (7) and (8) delete "(1)" and insert:
10
11 (1A) or (1B)
12
13 (5) In section 38G(10) delete "(1)(c)(i)," and insert:
14
15 (1)(c)(i) or (d)(i),
16
17 300. Section 38GA inserted
18 After section 38G insert:
19
20 38GA. GHG retention lease cannot be renewed more
21 than once
22 Despite sections 38F and 38G, if a GHG retention lease
23 is renewed once --
24 (a) the lessee is not entitled to apply for a further
25 renewal of the lease; and
26 (b) the Minister cannot grant a further renewal of
27 the lease.
28
page 353
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 301
1 301. Section 38H amended
2 (1) Delete section 38H(3) and insert:
3
4 (3) A lease is taken to contain a condition that the lessee
5 will within the required period --
6 (a) re-evaluate, as the case requires --
7 (i) the commercial viability of the recovery
8 of petroleum or a regulated substance
9 from the petroleum lease area
10 (otherwise than by the drilling of wells);
11 or
12 (ii) whether or not the lessee is in a position
13 to carry on a GHG injection operation in
14 the GHG lease area;
15 and
16 (b) inform the Minister in writing of the results of
17 the re-evaluation.
18 (3A) For the purposes of subsection (3), the required period
19 is --
20 (a) 3 months after the receipt of a written notice
21 from the Minister requesting the lessee to
22 comply with subsection (3); or
23 (b) any further period that the Minister, on
24 application in writing served on the Minister
25 before the end of the period mentioned in
26 paragraph (a), allows.
27
28 (2) In section 38H(4) delete "(3)" and insert:
29
30 (3A)(a)
31
page 354
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 302
1 302. Section 38J replaced
2 Delete section 38J and insert:
3
4 38J. Certain discoveries in lease area to be notified
5 (1) Subsection (2) applies if --
6 (a) petroleum or a regulated substance is
7 discovered in a lease area; or
8 (b) a potential GHG storage formation or potential
9 GHG injection site is discovered in a lease area.
10 (2) The lessee must --
11 (a) immediately inform the Minister of the
12 discovery; and
13 (b) within the period of 3 days after the day of the
14 discovery, give the Minister particulars in
15 writing of the discovery.
16 Penalty for this subsection: a fine of $10 000.
17
18 303. Part 3 Division 3 heading amended
19 In the heading to Part 3 Division 3 after "substances" insert:
20
21 and GHG injection licences
22
23 304. Section 39 amended
24 In section 39 delete the Penalty and insert:
25
26 Penalty: imprisonment for 5 years or a fine of $50 000.
27
page 355
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 305
1 305. Section 39A inserted
2 After section 39 insert:
3
4 39A. GHG injection operations in adjacent area
5 A person must not carry on GHG injection operations
6 in the adjacent area except --
7 (a) under and in accordance with a GHG injection
8 licence; or
9 (b) as otherwise permitted by this Act.
10 Penalty: imprisonment for 5 years or a fine of $50 000.
11
12 306. Section 40 amended
13 (1) In section 40(1):
14 (a) before "permittee" insert:
15
16 petroleum
17
18 (b) before "permit" insert:
19
20 petroleum exploration
21
22 (c) delete "licence --" and insert:
23
24 petroleum production licence --
25
26 (2) In section 40(2):
27 (a) before "permittee" insert:
28
29 petroleum
30
page 356
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 306
1 (b) before "permit" insert:
2
3 petroleum exploration
4
5 (c) in paragraph (a) before "licence" insert:
6
7 petroleum production
8
9 (d) in paragraph (b) before "licence" (1st occurrence) insert:
10
11 petroleum production
12
13 (3) In section 40(3):
14 (a) in paragraphs (a) and (b) before "permittee" insert:
15
16 petroleum
17
18 (b) in paragraph (b) before "licence" (1st occurrence) insert:
19
20 petroleum production
21
22 (c) before "permittee may," insert:
23
24 petroleum
25
26 (d) before "licence" (last occurrence) insert:
27
28 petroleum production
29
page 357
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 307
1 (4) In section 40(4) before "permittee" insert:
2
3 petroleum
4
5 (5) In section 40(5)(a):
6 (a) delete "a permittee" and insert:
7
8 a petroleum permittee
9
10 (b) before "licence" insert:
11
12 petroleum production
13
14 (c) delete "lease under section 38A; and" and insert:
15
16 petroleum retention lease under section 38A(1); and
17
18 Note: The heading to amended section 40 is to read:
19 Application by petroleum permittee for petroleum production
20 licence
21 307. Section 40AA inserted
22 After section 40 insert:
23
24 40AA. Application by GHG permittee for GHG injection
25 licence
26 (1) A GHG permittee whose GHG exploration permit is in
27 force in respect of a block that constitutes, or the
28 blocks that constitute, an identified GHG storage
page 358
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 308
1 formation may apply to the Minister for the grant of a
2 GHG injection licence in respect of --
3 (a) the block that constitutes the identified
4 GHG storage formation; or
5 (b) all of the blocks that constitute the identified
6 GHG storage formation; or
7 (c) some of the blocks that constitute the identified
8 GHG storage formation.
9 (2) Subsection (3) applies if --
10 (a) an application under subsection (1) (the licence
11 application) relates to a block or blocks in
12 respect of which the GHG permittee has
13 applied for a GHG retention lease under
14 section 38A(1A); and
15 (b) an instrument refusing to grant the GHG
16 retention lease is served on the GHG permittee
17 under section 38B(2).
18 (3) The licence application must be made within
19 12 months after the day of service of the instrument.
20
21 308. Section 40A amended
22 (1) In section 40A(1):
23 (a) before "lessee" insert:
24
25 petroleum
26
27 (b) before "lease" (1st occurrence) insert:
28
29 petroleum retention
30
page 359
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 308
1 (c) before "licence --" insert:
2
3 petroleum production
4
5 (2) After section 40A(1) insert:
6
7 (1A) A GHG lessee whose GHG retention lease is in force
8 may make an application to the Minister for the grant
9 of a GHG injection licence --
10 (a) if the lease is in respect of 2 or more blocks, in
11 respect of all of those blocks; or
12 (b) if the lease is in respect of 1 block, in respect of
13 that block.
14 (1B) A petroleum lessee whose petroleum retention lease is
15 in force in respect of a block or blocks may make an
16 application to the Minister for the grant of a GHG
17 injection licence over the block or blocks if --
18 (a) a single identified GHG storage formation
19 extends to the block or blocks; and
20 (b) none of the following is in force in respect of
21 the block or blocks --
22 (i) a GHG exploration permit;
23 (ii) a GHG injection licence;
24 (iii) a GHG retention lease.
25
26 (3) In section 40A(2):
27 (a) before "lease" insert:
28
29 petroleum retention
30
page 360
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 309
1 (b) before "lessee" insert:
2
3 petroleum
4
5 (c) before "licence" insert:
6
7 petroleum production
8
9 (4) In section 40A(3):
10 (a) before "lessee" (1st occurrence) insert:
11
12 petroleum
13
14 (b) before "lease" (1st occurrence) insert:
15
16 petroleum retention
17
18 (c) before "licence" insert:
19
20 petroleum production
21
22 Note: The heading to amended section 40A is to read:
23 Application for licence by lessee
24 309. Section 40B inserted
25 After section 40A insert:
26
27 40B. Application by petroleum licensee for GHG
28 injection licence
29 A petroleum licensee whose petroleum production
30 licence is in force in respect of a block or blocks may
page 361
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 310
1 apply to the Minister for the grant of a GHG injection
2 licence over the block or blocks if --
3 (a) a single identified GHG storage formation
4 extends to the block or blocks; and
5 (b) none of the following is in force in respect of
6 the block or blocks --
7 (i) a GHG exploration permit;
8 (ii) a GHG injection licence;
9 (iii) a GHG retention lease.
10
11 310. Section 41 amended
12 In section 41(1):
13 (a) delete "40 or 40A --" and insert:
14
15 40, 40AA, 40A or 40B --
16
17 (b) delete paragraph (ca) and insert:
18
19 (ca) may, in the case of an application for a
20 petroleum production licence, include an
21 application for an approval for the purposes of
22 section 52(2)(a); and
23 (cb) must, in the case of an application for the grant
24 of a GHG injection licence, specify the source,
25 volume and composition of the greenhouse gas
26 substance to be initially injected and stored; and
27
28 (c) in paragraph (e) delete "in the case of an application for
29 the grant of a licence".
30 Note: The heading to amended section 41 is to read:
31 Requirements for application for licence under s. 40, 40AA, 40A
32 or 40B
page 362
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 311
1 311. Section 43 amended
2 (1) In section 43(1) delete "40 or 40A." and insert:
3
4 40, 40AA, 40A or 40B.
5
6 (2) Before section 43(2A)(a) insert:
7
8 (aa) an application for the grant of a petroleum
9 production licence is made under section 40
10 or 40A; and
11
12 (3) After section 43(2A) insert:
13
14 (2B) On an application under section 40AA, 40A or 40B for
15 the grant of a GHG injection licence, the Minister
16 must, by written notice served on the applicant, inform
17 the applicant that the Minister is prepared to grant the
18 licence in respect of 1 or more of the blocks specified
19 in the application if --
20 (a) the applicant gives any further information as
21 and when required by the Minister under
22 section 41(2); and
23 (b) the Minister is satisfied that the area comprised
24 in the block or blocks specified in the
25 application contains an identified GHG storage
26 formation.
27
28 (4) In section 43(2):
29 (a) after "(2A)" insert:
30
31 or (2B)
32
page 363
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 312
1 (b) delete paragraph (aa) and insert:
2
3 (aa) if the notice is under subsection (2A) and the
4 application included an application for an
5 approval for the purposes of section 52(2)(a) --
6 contain a statement as to whether the approval
7 will be granted with the petroleum production
8 licence; and
9
10 (5) Delete section 43(3)(b) and insert:
11
12 (b) the Minister is not satisfied as mentioned in
13 subsection (2A)(b) or (2B)(b), whichever is
14 applicable, in respect of the block or blocks,
15
16 312. Section 44 amended
17 (1) Delete section 44(1) and (2) and insert:
18
19 (1) An applicant on whom a notice is served under
20 section 43(2A) or (2B) may, within the required period,
21 by instrument in writing served on the Minister, request
22 the Minister to grant to the applicant the licence
23 referred to in the notice.
24 (2) If an applicant on whom a notice is served under
25 section 43(2A) or (2B) has made a request under
26 subsection (1) within the required period, the Minister
27 must grant to the applicant a petroleum production
28 licence or a GHG injection licence, as the case
29 requires, in respect of the block or blocks as to which
30 the Minister is satisfied as mentioned in
31 section 43(2A)(b) or (2B)(b).
page 364
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 312
1 (2AA) For the purposes of subsections (1) and (2), the
2 required period is --
3 (a) 3 months after the day of service of the notice;
4 or
5 (b) any further period, not exceeding 3 months, that
6 the Minister, on application in writing served
7 on the Minister before the end of the period
8 mentioned in paragraph (a), allows.
9
10 (2) In section 44(2A) delete "licence" and insert:
11
12 petroleum production licence
13
14 (3) In section 44(3):
15 (a) before "permittee" insert:
16
17 petroleum
18
19 (b) before "lessee" insert:
20
21 petroleum
22
23 (4) In section 44(4):
24 (a) after "43(2A)" insert:
25
26 or (2B)
27
28 (b) delete "period applicable under subsection (1)," and
29 insert:
30
31 required period,
32
page 365
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 313
1 (5) After section 44(5) insert:
2
3 (6) Subsection (5) does not apply if the licence is a GHG
4 injection licence granted on an application made under
5 section 40A(1B) or 40B.
6
7 313. Section 44A amended
8 In section 44A:
9 (a) in paragraph (a)(i) delete "40" and insert:
10
11 40 or 40AA
12
13 (b) in paragraph (a)(ii) delete "force;" and insert:
14
15 force; or
16
17 (c) after paragraph (a)(ii) insert:
18
19 (iii) under section 40B for the grant of a
20 GHG injection licence in respect of a
21 block or blocks in respect of which a
22 petroleum production licence is in force;
23
24 (d) in paragraph (b) delete "43(2A)" and insert:
25
26 43(2A), (2B) or (3)
27
page 366
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 314
1 (e) delete "permit or lease," and insert:
2
3 permit, lease or petroleum production licence,
4
5 Note: The heading to amended section 44A is to read:
6 Application of s. 41 to 44 where permit, lease or petroleum
7 production licence transferred
8 314. Section 45 amended
9 (1) In section 45(1) before "licence," insert:
10
11 petroleum production
12
13 (2) In section 45(2)(b) before "permit" insert:
14
15 petroleum exploration
16
17 Note: The heading to amended section 45 is to read:
18 Variation of petroleum production licence area
19 315. Section 46 amended
20 (1) In section 46(1):
21 (a) in paragraphs (a) and (b) before "permittee" insert:
22
23 petroleum
24
25 (b) before "permit" insert:
26
27 petroleum exploration
28
page 367
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 315
1 (2) In section 46(1a):
2 (a) before "lessee" insert:
3
4 petroleum
5
6 (b) before "lease" insert:
7
8 petroleum retention
9
10 (3) In section 46(2):
11 (a) delete "permittee or" and insert:
12
13 petroleum permittee or petroleum
14
15 (b) in paragraph (a) delete "permit or" and insert:
16
17 petroleum exploration permit or petroleum retention
18
19 (4) In section 46(3) delete "permit or" and insert:
20
21 petroleum exploration permit or petroleum retention
22
23 (5) In section 46(4)(a) and (b) delete "lease or" and insert:
24
25 petroleum retention lease or petroleum production
26
page 368
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 315
1 (6) In section 46(5):
2 (a) before "lease" (1st occurrence) insert:
3
4 petroleum retention
5
6 (b) before "lease" (2nd occurrence) insert:
7
8 petroleum
9
10 (7) In section 46(6)(a) before "lease" insert:
11
12 petroleum retention
13
14 (8) In section 46(7):
15 (a) before "permit" (1st occurrence) insert:
16
17 petroleum exploration
18
19 (b) in paragraph (a) before "permit" insert:
20
21 petroleum exploration
22
23 (c) in paragraph (c) before "permit" insert:
24
25 petroleum
26
27 Note: The heading to amended section 46 is to read:
28 Determination of petroleum exploration permit or petroleum
29 retention lease as to block not taken up by licensee
page 369
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 316
1 316. Section 47 amended
2 (1) Delete section 47(1) and insert:
3
4 (1) Subsection (1A) applies if --
5 (a) a petroleum production licence is surrendered
6 or cancelled as to a block; or
7 (b) a petroleum exploration permit or petroleum
8 retention lease is surrendered, cancelled or
9 determined as to a block --
10 (i) that, at the time of the surrender,
11 cancellation or determination, was, or
12 was included in, a location; and
13 (ii) in which, in the opinion of the Minister,
14 there is petroleum or a regulated
15 substance;
16 or
17 (c) a resources pool from which the petroleum or
18 regulated substance has been recovered is
19 within or extends to a block which is not the
20 subject of a petroleum exploration permit,
21 petroleum retention lease or petroleum
22 production licence.
23 (1A) The Minister may, by instrument published in the
24 Gazette --
25 (a) invite applications for the grant of a petroleum
26 production licence in respect of that block; and
27 (b) specify a period within which applications may
28 be made.
29
page 370
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 316
1 (2) In section 47(2):
2 (a) delete "(1)," and insert:
3
4 (1A),
5
6 (b) in paragraph (a) before "licence" insert:
7
8 petroleum production
9
10 (c) in paragraph (b) before "licence" (1st occurrence) insert:
11
12 petroleum production
13
14 (3) In section 47(3):
15 (a) delete "(1)," and insert:
16
17 (1A),
18
19 (b) before "licence" (1st occurrence) insert:
20
21 petroleum production
22
23 (4) In section 47(6)(d) delete "in the case of an application under
24 subsection (1),".
25 Note: The heading to amended section 47 is to read:
26 Application for petroleum production licence in respect of
27 surrendered, cancelled or determined blocks
page 371
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 317
1 317. Section 49 amended
2 (1) In section 49(1):
3 (a) delete "47(1)," and insert:
4
5 47(1A),
6
7 (b) delete "that subsection" and insert:
8
9 that section
10
11 (c) before "licence" insert:
12
13 petroleum production
14
15 (2) In section 49(2):
16 (a) delete "47(1)," and insert:
17
18 47(1A),
19
20 (b) delete "that subsection" and insert:
21
22 that section
23
24 (c) in paragraph (c) before "licence" insert:
25
26 petroleum production
27
28 Note: The heading to amended section 49 is to read:
29 Request by applicant for grant of petroleum production licence
30 under s. 47
page 372
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 318
1 318. Section 50 amended
2 In section 50 delete "licence" (each occurrence) and insert:
3
4 petroleum production licence
5
6 Note: The heading to amended section 50 is to read:
7 Grant of petroleum production licence on request under s. 49
8 319. Section 51 amended
9 (1) In section 51(1):
10 (a) before "licence" (1st occurrence) insert:
11
12 petroleum production
13
14 (b) before "licences" insert:
15
16 petroleum production
17
18 (2) In section 51(4) delete "licences" and insert:
19
20 petroleum production licences
21
22 (3) In section 51(5):
23 (a) in paragraph (c) delete "approval." and insert:
24
25 approval; and
26
page 373
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 320
1 (b) after paragraph (c) insert:
2
3 (d) must be granted subject to any directions under
4 this Act previously given to the holder of the
5 original licence in respect of the licence area of
6 the original licence; and
7 (e) must be granted subject to any instruments and
8 agreements in respect of the original licence a
9 memorial of which is entered in the register
10 under section 76, to the extent that the
11 instruments and agreements apply to the licence
12 (or any of those instruments and agreements
13 that are in effect at the time that an application
14 under this section is granted but in respect of
15 which a memorial is not yet entered under
16 section 76).
17
18 Note: The heading to amended section 51 is to read:
19 Petroleum production licence for 2 or more blocks may be divided
20 into 2 or more licences
21 320. Section 51A amended
22 In section 51A(5)(a) before "licence" (2nd occurrence) insert:
23
24 petroleum production
25
26 321. Section 52 replaced
27 Delete section 52 and insert:
28
29 52. Rights conferred by licence
30 (1) Except as provided in subsection (2), a petroleum
31 production licence, while it remains in force, authorises
page 374
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 321
1 the petroleum licensee, subject to this Act and in
2 accordance with the conditions to which the petroleum
3 production licence is subject --
4 (a) to recover petroleum or a regulated
5 substance --
6 (i) in the petroleum licence area; and
7 (ii) from the petroleum licence area in
8 another area to which the petroleum
9 licensee has lawful access for that
10 purpose;
11 and
12 (b) to explore for petroleum or a regulated
13 substance in the petroleum licence area; and
14 (c) to carry on any operations and execute any
15 works in the petroleum licence area that are
16 necessary for those purposes.
17 (2) A petroleum production licence does not authorise the
18 petroleum licensee to do the things referred to in
19 subsection (1)(a) to (c) in relation to a regulated
20 substance unless --
21 (a) the petroleum production licence includes an
22 approval granted by the Minister extending the
23 licence to cover the regulated substance; or
24 (b) the petroleum licensee applies to the Minister in
25 writing for such an approval and the Minister
26 grants the approval by instrument in writing.
27 (3) A petroleum production licence does not authorise the
28 petroleum licensee to make a well outside the
29 petroleum licence area.
30 Note for this subsection:
31 The petroleum licensee may be able to make a well outside
32 the petroleum licence area under another authority, for
33 example, a petroleum access authority.
page 375
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 321
1 (4) A GHG injection licence, while it remains in force,
2 authorises the GHG licensee, subject to this Act and in
3 accordance with the conditions to which the GHG
4 injection licence is subject --
5 (a) to inject a greenhouse gas substance into an
6 identified GHG storage formation that is
7 wholly situated in the GHG licence area, so
8 long as the relevant well is situated in the GHG
9 licence area; and
10 (b) to permanently store a greenhouse gas
11 substance in an identified GHG storage
12 formation that is wholly situated in the GHG
13 licence area, so long as the injection of the
14 stored greenhouse gas substance takes place at
15 a well situated in the GHG licence area; and
16 (c) to explore for a potential GHG storage
17 formation in the GHG licence area; and
18 (d) to explore for a potential GHG injection site in
19 the GHG licence area; and
20 (e) to inject, on an appraisal basis, a greenhouse
21 gas substance into a part of a geological
22 formation, so long as the relevant well is
23 situated in the GHG licence area; and
24 (f) to store, on an appraisal basis, a greenhouse gas
25 substance in a part of a geological formation, so
26 long as the relevant well is situated in the GHG
27 licence area; and
28 (g) to inject, on an appraisal basis, any of the
29 following into a part of a geological formation
30 for purposes in connection with the exploration
31 authorised by paragraph (c) or (d), so long as
32 the relevant well is situated in the GHG licence
33 area --
34 (i) air;
page 376
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 321
1 (ii) petroleum;
2 (iii) water;
3 and
4 (h) to store, on an appraisal basis, any of the
5 following in a part of a geological formation for
6 purposes in connection with the exploration
7 authorised by paragraph (c) or (d), so long as
8 the relevant well is situated in the GHG licence
9 area --
10 (i) air;
11 (ii) petroleum;
12 (iii) water;
13 and
14 (i) with the written consent of the Minister, to
15 recover petroleum or a regulated substance in
16 the GHG licence area for the sole purpose of
17 appraising a discovery of --
18 (i) petroleum that was made as an
19 incidental consequence of the injection
20 authorised by paragraph (a), (e) or (g);
21 or
22 (ii) petroleum or a regulated substance that
23 was made as an incidental consequence
24 of the exploration authorised by
25 paragraph (c) or (d);
26 and
27 (j) to carry on any operations and execute any
28 works in the GHG licence area that are
29 necessary for those purposes.
30 (5) If petroleum or a regulated substance is recovered by
31 the GHG licensee in the GHG licence area as
32 authorised by subsection (4)(i), the petroleum or
page 377
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 322
1 regulated substance does not become the property of
2 the GHG licensee.
3 (6) A GHG injection licence does not authorise the GHG
4 licensee to make a well outside the GHG licence area.
5
6 322. Section 53 amended
7 (1) In section 53(1) and (2) before "licence" (1st occurrence) insert:
8
9 petroleum production
10
11 (2) After section 53(3) insert:
12
13 (4) Subject to this Part, a GHG injection licence remains in
14 force indefinitely.
15
16 323. Section 53A inserted
17 After section 53 insert:
18
19 53A. Certain discoveries in licence area to be notified
20 (1) Subsection (2) applies if --
21 (a) petroleum or a regulated substance is
22 discovered in a licence area; or
23 (b) a potential GHG storage formation or potential
24 GHG injection site is discovered in a licence
25 area.
26 (2) The licensee must --
27 (a) immediately inform the Minister of the
28 discovery; and
page 378
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 324
1 (b)within the period of 3 days after the day of the
2 discovery, give the Minister particulars in
3 writing of the discovery.
4 Penalty for this subsection: a fine of $10 000.
5
6 324. Section 54A amended
7 (1) In section 54A(1) before "licence" (1st occurrence) insert:
8
9 petroleum production
10
11 (2) After section 54A(1) insert:
12
13 (1A) If a GHG injection licence is in force under
14 section 53(4) and the licensee has not carried on any
15 GHG injection operations under the licence at any time
16 during a continuous period of at least 5 years, the
17 Minister may, by written notice served on the licensee,
18 inform the licensee that the Minister proposes to
19 terminate the licence after the end of the period of
20 1 month after the notice is served.
21
22 (3) In section 54A(2) after "(1)" insert:
23
24 or (1A)
25
26 (4) In section 54A(3) before "licence," insert:
27
28 petroleum production
29
page 379
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 325
1 (5) After section 54A(3) insert:
2
3 (4) In working out for the purposes of subsection (1A) the
4 duration of the period in which no GHG injection
5 operations were carried on under a GHG injection
6 licence, any period in which those operations were not
7 carried on because of circumstances beyond the
8 licensee's control is to be disregarded.
9
10 325. Section 54 amended
11 (1) In section 54(1):
12 (a) before "licensee" insert:
13
14 petroleum
15
16 (b) before "licence" (1st occurrence) insert:
17
18 petroleum production
19
20 (2) In section 54(2):
21 (a) delete "licence -- " insert:
22
23 petroleum production licence --
24
25 (b) in paragraph (c) before "licensee" insert:
26
27 petroleum
28
page 380
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 326
1 (c) in paragraph (c) before "licence" insert:
2
3 petroleum
4
5 (3) In section 54(3), 54(4)(a) and (5)(a) before "licence" (1st
6 occurrence) insert:
7
8 petroleum production
9
10 Note: The heading to amended section 54 is to read:
11 Application for renewal of petroleum production licence
12 326. Section 55 amended
13 (1) In section 55(1):
14 (a) in paragraph (a) before "licence" insert:
15
16 petroleum production
17
18 (b) in paragraph (c)(ii) before "licence area" insert
19
20 petroleum
21
22 (c) before "licensee," insert:
23
24 petroleum
25
26 (2) In section 55(2):
27 (a) in paragraph (a) before "licence" insert:
28
29 petroleum production
30
page 381
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 326
1 (b) before "licensee," insert:
2
3 petroleum
4
5 (3) In section 55(3):
6 (a) before "licence" (1st occurrence) insert:
7
8 petroleum production
9
10 (b) before "licensee," insert:
11
12 petroleum
13
14 (4) In section 55(4):
15 (a) before "licence" (1st occurrence) insert:
16
17 petroleum production
18
19 (b) in paragraph (a) before "licensee," insert:
20
21 petroleum
22
23 (c) in paragraph (c)(ii) before "licensee" (1st occurrence)
24 insert:
25
26 petroleum
27
28 (d) in paragraph (d) before "licensee" insert:
29
30 petroleum
31
page 382
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 326
1 (5) In section 55(5):
2 (a) before "licence," insert:
3
4 petroleum production
5
6 (b) before "licensee," insert:
7
8 petroleum
9
10 (6) In section 55(7):
11 (a) in paragraph (a) before "licence," insert:
12
13 petroleum production
14
15 (b) in paragraph (b) before "licensee" insert:
16
17 petroleum
18
19 (7) In section 55(8):
20 (a) before "licensee" (1st occurrence) insert:
21
22 petroleum
23
24 (b) before "licence." insert:
25
26 petroleum production
27
page 383
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 327
1 (8) In section 55(9):
2 (a) before "licensee" insert:
3
4 petroleum
5
6 (b) before "licence." insert:
7
8 petroleum production
9
10 (9) In section 55(10) before "licensee" insert:
11
12 petroleum
13
14 (10) In section 55(11)(a) before "licence" insert:
15
16 petroleum production
17
18 Note: The heading to amended section 55 is to read:
19 Grant or refusal of renewal of petroleum production licence
20 327. Section 56 amended
21 After section 56(1) insert:
22
23 (1A) Without limiting subsection (1), a GHG injection
24 licence is subject to the condition that the GHG
25 licensee must comply with any requirements imposed
26 on the GHG licensee by any regulations made for the
27 purposes of subsection (1B).
28 (1B) The regulations may establish a regime for third party
29 access to services provided by means of the use of --
30 (a) identified GHG storage formations; or
page 384
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 328
1 (b) wells, equipment or structures for use in
2 injecting greenhouse gas substances into
3 identified GHG storage formations; or
4 (c) equipment or structures for use in the
5 processing, compressing or storing of
6 greenhouse gas substances prior to the injection
7 of the substances into identified GHG storage
8 formations.
9
10 328. Section 60B amended
11 In section 60B(2)(b) before "facilities" insert:
12
13 infrastructure
14
15 329. Part 3 Division 4 Subdivision 1 heading inserted
16 At the beginning of Part 3 Division 4 insert:
17
18 Subdivision 1 -- General provisions
19
20 330. Sections 60L and 60M inserted
21 After section 60K insert:
22
23 60L. Pipeline operator under the Commonwealth Act or
24 corresponding law
25 In this Division, the pipeline operator under the
26 Commonwealth Act or a corresponding law is a
27 person --
28 (a) who is entitled under the Commonwealth Act
29 or a corresponding law to carry on operations
page 385
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 330
1 for the recovery of petroleum or the injection of
2 greenhouse gas substances in an area outside
3 the adjacent area; and
4 (b) who the Minister is satisfied is or will be
5 entitled to construct a pipeline from the
6 first-mentioned area to the boundary of the
7 adjacent area.
8 60M. Specified greenhouse gas pipelines
9 In this Division --
10 greenhouse gas (GHG licence area) pipeline, in
11 relation to a GHG licence area, means a greenhouse
12 gas pipeline for --
13 (a) the conveyance within the GHG licence area of
14 a greenhouse gas substance that is to be
15 injected into an identified GHG storage
16 formation that is wholly situated in the GHG
17 licence area; or
18 (b) the conveyance from a place outside the GHG
19 licence area to a place in the GHG licence area
20 of a greenhouse gas substance that is to be
21 injected into an identified GHG storage
22 formation that is wholly situated in the GHG
23 licence area;
24 greenhouse gas (petroleum licence area) pipeline, in
25 relation to a petroleum licence area, means a
26 greenhouse gas pipeline for --
27 (a) the conveyance within the petroleum licence
28 area of any greenhouse gas substance that is a
29 by-product of petroleum operations carried on
30 under the petroleum production licence; or
31 (b) the conveyance from a place outside the
32 petroleum licence area to a place in the
33 petroleum licence area of any greenhouse gas
page 386
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 331
1 substance that is to be injected into the seabed
2 or subsoil of the petroleum licence area to
3 enhance petroleum operations carried on under
4 the petroleum production licence.
5
6 331. Section 63A inserted
7 After section 63 insert:
8
9 63A. Terminal point
10 (1) The Minister may, by notice published in the Gazette,
11 declare that a specified point on a pipe, or system of
12 pipes, for conveying a greenhouse gas substance is a
13 terminal point for the purposes of this Act.
14 (2) A declaration under subsection (1) has effect
15 accordingly.
16 (3) To avoid doubt, a declaration may be made under
17 subsection (1) whether or not a person has applied for a
18 pipeline licence.
19
20 332. Part 3 Division 4 Subdivision 2 heading inserted
21 Before section 64 insert:
22
23 Subdivision 2 -- Obtaining pipeline licences
24
page 387
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 333
1 333. Sections 64 and 65 replaced
2 Delete sections 64 and 65 and insert:
3
4 64. Application for pipeline licence
5 (1) A person may apply to the Minister for the grant of a
6 pipeline licence.
7 (2) An application may be made under this section for a
8 pipeline licence whether the licence is for the
9 conveyance of --
10 (a) petroleum recovered from an area within the
11 adjacent area or an area outside the adjacent
12 area; or
13 (b) greenhouse gas substances within the adjacent
14 area or to or from an area outside the adjacent
15 area.
16 (3) An application under this section must be made in an
17 approved manner and be accompanied by the
18 prescribed fee.
19 (4) An application under this section must be accompanied
20 by details of --
21 (a) the proposed design and construction of the
22 pipeline; and
23 (b) the proposed size and capacity of the pipeline;
24 and
25 (c) the proposals of the applicant for work and
26 expenditure in respect of the construction of the
27 pipeline; and
28 (d) the technical qualifications of the applicant and
29 of the applicant's employees; and
30 (e) the technical advice available to the applicant;
31 and
page 388
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 333
1 (f) the financial resources available to the
2 applicant; and
3 (g) any agreements entered into, or proposed to be
4 entered into, by the applicant for or in relation
5 to the supply or conveyance of petroleum or
6 greenhouse gas substances by means of the
7 pipeline.
8 (5) An application under this section must be accompanied
9 by a plan, drawn to an approved scale, showing --
10 (a) the route to be followed by the pipeline; and
11 (b) the sites of pumping stations, tank stations and
12 valve stations to be used in connection with the
13 pipeline; and
14 (c) the site of any pumping station, tank station or
15 valve station that the applicant wants to be
16 declared under section 63 to be a terminal
17 station in connection with the pipeline; and
18 (d) the location of any point that the applicant
19 wants to be declared under section 63A(1) to be
20 a terminal point in connection with the pipeline.
21 (6) An application under this section may set out any other
22 matters that the applicant wishes the Minister to
23 consider.
24 64A. Request for further information
25 (1) The Minister may, at any time and by written notice
26 given to an applicant for a pipeline licence, require the
27 applicant to give the Minister, within the period
28 specified in the notice, further information in
29 connection with the application.
page 389
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 333
1 (2) If the applicant fails to comply with the requirement,
2 the Minister may, by written notice given to the
3 applicant --
4 (a) refuse to consider the application; or
5 (b) refuse to take any action, or any further action,
6 in relation to the application.
7 (3) Subsection (2) has effect despite any provision of this
8 Division that requires the Minister to --
9 (a) consider the application; or
10 (b) take any particular action in relation to the
11 application.
12 (4) A reference in this section to taking action in relation
13 to the application includes a reference to giving a
14 pipeline licence offer notice in relation to the
15 application.
16 64B. Rights of petroleum licensees following application
17 for petroleum pipeline licences by other persons
18 (1) This section applies if --
19 (a) a petroleum production licence is in force; and
20 (b) a person applies for a pipeline licence in
21 relation to the construction, in the adjacent area,
22 of a petroleum pipeline for the conveyance of
23 petroleum recovered in the petroleum licence
24 area; and
25 (c) the person is not the petroleum licensee.
26 (2) The petroleum licensee may, within the required
27 period, apply to the Minister under section 64 for the
28 grant of that pipeline licence and request that the
29 application mentioned in subsection (1)(b) be rejected.
page 390
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 333
1 (3) For the purposes of subsection (2), the required period
2 is --
3 (a) 3 months after the publication in the Gazette of
4 notice of the application mentioned in
5 subsection (1)(b); or
6 (b) a further period, not being more than 3 months,
7 that the Minister, on application in writing
8 served on the Minister before the end of the
9 period mentioned in paragraph (a), allows.
10 Note for this subsection:
11 For publication in the Gazette of notice of the application,
12 see section 94.
13 (4) If a pipeline licence is granted to the petroleum
14 licensee as a result of an application covered by
15 subsection (2), the Minister must, by written notice
16 given to the person mentioned in subsection (1)(b),
17 reject the application mentioned in subsection (1)(b).
18 64C. Rights of petroleum licensees following application
19 for greenhouse gas pipeline licences by other
20 persons
21 (1) This section applies if --
22 (a) a petroleum production licence is in force; and
23 (b) the petroleum licence area is in the adjacent
24 area; and
25 (c) a person applies for a pipeline licence in
26 relation to the construction, in the adjacent area,
27 of a greenhouse gas (petroleum licence area)
28 pipeline in relation to the petroleum licence
29 area; and
30 (d) the person is not the petroleum licensee.
31 (2) The petroleum licensee may, within the required
32 period, apply to the Minister under section 64 for the
page 391
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 333
1 grant of that pipeline licence and request that the
2 application mentioned in subsection (1)(c) be rejected.
3 (3) For the purposes of subsection (2), the required period
4 is --
5 (a) 3 months after the publication in the Gazette of
6 notice of the application mentioned in
7 subsection (1)(c); or
8 (b) a further period, not being more than 3 months,
9 that the Minister, on application in writing
10 served on the Minister before the end of the
11 period mentioned in paragraph (a), allows.
12 Note for this subsection:
13 For publication in the Gazette of notice of the application,
14 see section 94.
15 (4) If a pipeline licence is granted to the petroleum
16 licensee as a result of an application covered by
17 subsection (2), the Minister must, by written notice
18 given to the person mentioned in subsection (1)(c),
19 reject the application mentioned in subsection (1)(c).
20 64D. Rights of GHG licensees following application for
21 greenhouse gas pipeline licences by other persons
22 (1) This section applies if --
23 (a) a GHG injection licence is in force; and
24 (b) the GHG licence area is in the adjacent area;
25 and
26 (c) a person applies for a pipeline licence in
27 relation to the construction, in the adjacent area,
28 of a greenhouse gas (GHG licence area)
29 pipeline in relation to the GHG licence area;
30 and
31 (d) the person is not the GHG licensee.
page 392
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 333
1 (2) The GHG licensee may, within the required period,
2 apply to the Minister under section 64 for the grant of
3 that pipeline licence and request that the application
4 mentioned in subsection (1)(c) be rejected.
5 (3) For the purposes of subsection (2), the required period
6 is --
7 (a) 3 months after the publication in the Gazette of
8 notice of the application mentioned in
9 subsection (1)(c); or
10 (b) a further period, not being more than 3 months,
11 that the Minister, on application in writing
12 served on the Minister before the end of the
13 period mentioned in paragraph (a), allows.
14 Note for this subsection:
15 For publication in the Gazette of notice of the application,
16 see section 94.
17 (4) If a pipeline licence is granted to the GHG licensee as a
18 result of an application covered by subsection (2), the
19 Minister must, by written notice given to the person
20 mentioned in subsection (1)(c), reject the application
21 mentioned in subsection (1)(c).
22 64E. Rights of pipeline operator following application for
23 petroleum pipeline licences by other persons
24 (1) This section applies if --
25 (a) a person applies for a pipeline licence in
26 relation to the construction, in the adjacent area,
27 of a petroleum pipeline for the conveyance of
28 petroleum recovered in the licence area of a
29 production licence under the Commonwealth
30 Act or a corresponding law; and
31 (b) the person is not the pipeline operator under the
32 Commonwealth Act or corresponding law.
page 393
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 333
1 (2) The pipeline operator under the Commonwealth Act or
2 corresponding law may, within the required period,
3 apply to the Minister under section 64 for the grant of
4 that pipeline licence and request that the application
5 mentioned in subsection (1)(a) be rejected.
6 (3) For the purposes of subsection (2), the required period
7 is --
8 (a) 3 months after the publication in the Gazette of
9 notice of the application mentioned in
10 subsection (1)(a); or
11 (b) a further period, not being more than 3 months,
12 that the Minister, on application in writing
13 served on the Minister before the end of the
14 period mentioned in paragraph (a), allows.
15 Note for this subsection:
16 For publication in the Gazette of notice of the application,
17 see section 94.
18 (4) If a pipeline licence is granted to the pipeline operator
19 as a result of an application covered by subsection (2),
20 the Minister must, by written notice given to the person
21 mentioned in subsection (1)(a), reject the application
22 mentioned in subsection (1)(a).
23 64F. Rights of pipeline operator following application for
24 greenhouse gas pipeline licences by other persons
25 (1) This section applies if --
26 (a) a person applies for a pipeline licence in
27 relation to the construction, in the adjacent area,
28 of a greenhouse gas pipeline for the conveyance
29 of a greenhouse gas substance to a place in a
30 greenhouse gas injection licence area under the
31 Commonwealth Act or a corresponding law;
32 and
page 394
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 333
1 (b) the person is not the pipeline operator under the
2 Commonwealth Act or a corresponding law.
3 (2) The pipeline operator under the Commonwealth Act or
4 corresponding law may, within the required period,
5 apply to the Minister under section 64 for the grant of
6 that pipeline licence and request that the application
7 mentioned in subsection (1)(a) be rejected.
8 (3) For the purposes of subsection (2), the required period
9 is --
10 (a) 3 months after the publication in the Gazette of
11 notice of the application mentioned in
12 subsection (1)(a); or
13 (b) a further period, not being more than 3 months,
14 that the Minister, on application in writing
15 served on the Minister before the end of the
16 period mentioned in paragraph (a), allows.
17 Note for this subsection:
18 For publication in the Gazette of notice of the application,
19 see section 94.
20 (4) If a pipeline licence is granted to the pipeline operator
21 under the Commonwealth Act or corresponding law as
22 a result of an application covered by subsection (2), the
23 Minister must, by written notice given to the person
24 mentioned in subsection (1)(a), reject the application
25 mentioned in subsection (1)(a).
26 64G. Petroleum pipeline licence offer -- petroleum
27 recovered in petroleum licence area
28 (1) This section applies if an application is made under
29 section 64 for a pipeline licence in relation to the
30 construction, in the adjacent area, of a petroleum
31 pipeline for the conveyance of petroleum recovered in
32 the petroleum licence area.
page 395
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 333
1 (2) If the applicant is the petroleum licensee, the Minister
2 must give the applicant a written notice informing the
3 applicant that the Minister is prepared to grant the
4 applicant a pipeline licence if the following have been
5 complied with --
6 (a) the conditions to which the petroleum
7 production licence is, or has from time to time
8 been, subject;
9 (b) any requirement under section 64A(1);
10 (c) this Part;
11 (d) the regulations.
12 (3) If the applicant is the petroleum licensee, the Minister
13 may give the applicant a written notice informing the
14 applicant that the Minister is prepared to grant the
15 applicant a pipeline licence if --
16 (a) any of the following have not been complied
17 with --
18 (i) the conditions to which the petroleum
19 production licence is, or has from time
20 to time been, subject;
21 (ii) any requirement under section 64A(1);
22 (iii) this Part;
23 (iv) the regulations;
24 and
25 (b) the Minister is, nevertheless, satisfied that
26 special circumstances exist that justify the
27 granting of a pipeline licence.
28 (4) If the applicant is not the petroleum licensee and the
29 application has not been rejected under section 64B(4),
30 the Minister may give the applicant a written notice
31 informing the applicant that the Minister is prepared to
32 grant the applicant a pipeline licence.
page 396
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 333
1 64H. Petroleum pipeline licence offer -- petroleum
2 recovered in licence area under Commonwealth Act
3 or corresponding law
4 (1) This section applies if an application is made under
5 section 64 for a pipeline licence in relation to the
6 construction, in the adjacent area, of a petroleum
7 pipeline for the conveyance of petroleum recovered in
8 the licence area of a production licence under the
9 Commonwealth Act or a corresponding law.
10 (2) If the applicant is the pipeline operator under the
11 Commonwealth Act or corresponding law, the Minister
12 must give the applicant a written notice informing the
13 applicant that the Minister is prepared to grant the
14 applicant a pipeline licence.
15 (3) If the applicant is not the pipeline operator under the
16 Commonwealth Act or corresponding law and the
17 application has not been rejected under section 64E(4),
18 the Minister may give the applicant a written notice
19 informing the applicant that the Minister is prepared to
20 grant the applicant a pipeline licence.
21 64I. Greenhouse gas pipeline licence offer relating to
22 petroleum licence area
23 (1) This section applies if --
24 (a) a petroleum production licence is in force; and
25 (b) the petroleum licence area is in the adjacent
26 area; and
27 (c) an application is made under section 64 for a
28 pipeline licence in relation to the construction,
29 in the adjacent area, of a greenhouse gas
30 (petroleum licence area) pipeline in relation to
31 the petroleum licence area.
page 397
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 333
1 (2) If the applicant is the petroleum licensee, the Minister
2 must give the applicant a written notice informing the
3 applicant that the Minister is prepared to grant the
4 applicant a pipeline licence if the following have been
5 complied with --
6 (a) the conditions to which the petroleum
7 production licence is, or has from time to time
8 been, subject;
9 (b) any requirement under section 64A(1);
10 (c) this Part;
11 (d) the regulations.
12 (3) If the applicant is the petroleum licensee, the Minister
13 may give the applicant a written notice informing the
14 applicant that the Minister is prepared to grant the
15 applicant a pipeline licence if --
16 (a) any of the following have not been complied
17 with --
18 (i) the conditions to which the petroleum
19 production licence is, or has from time
20 to time been, subject;
21 (ii) any requirement under section 64A(1);
22 (iii) this Part;
23 (iv) the regulations;
24 and
25 (b) the Minister is, nevertheless, satisfied that
26 special circumstances exist that justify the
27 granting of a pipeline licence.
28 (4) If the applicant is not the petroleum licensee and the
29 application has not been rejected under section 64C(4),
30 the Minister may give the applicant a written notice
31 informing the applicant that the Minister is prepared to
32 grant the applicant a pipeline licence.
page 398
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 333
1 64J. Greenhouse gas pipeline licence offer -- GHG
2 licence area
3 (1) This section applies if --
4 (a) a GHG injection licence is in force; and
5 (b) the GHG licence area is in the adjacent area;
6 and
7 (c) an application is made under section 64 for a
8 pipeline licence in relation to the construction,
9 in the adjacent area, of a greenhouse gas (GHG
10 licence area) pipeline in relation to the GHG
11 licence area.
12 (2) If the applicant is the GHG licensee, the Minister must
13 give the applicant a written notice informing the
14 applicant that the Minister is prepared to grant the
15 applicant a pipeline licence if the following have been
16 complied with --
17 (a) the conditions to which the GHG injection
18 licence is, or has from time to time been,
19 subject;
20 (b) any requirement under section 64A(1);
21 (c) this Part;
22 (d) the regulations.
23 (3) If the applicant is the GHG licensee, the Minister may
24 give the applicant a written notice informing the
25 applicant that the Minister is prepared to grant the
26 applicant a pipeline licence if --
27 (a) any of the following have not been complied
28 with --
29 (i) the conditions to which the GHG
30 injection licence is, or has from time to
31 time been, subject;
page 399
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 333
1 (ii) any requirement under section 64A(1);
2 (iii) this Part;
3 (iv) the regulations;
4 and
5 (b) the Minister is, nevertheless, satisfied that
6 special circumstances exist that justify the
7 granting of a pipeline licence.
8 (4) If the applicant is not the GHG licensee and the
9 application has not been rejected under section 64D(4),
10 the Minister may give the applicant a written notice
11 informing the applicant that the Minister is prepared to
12 grant the applicant a pipeline licence.
13 64K. Greenhouse gas pipeline licence offer -- greenhouse
14 gas injection area under Commonwealth Act or
15 corresponding law
16 (1) This section applies if an application is made under
17 section 64 for a pipeline licence in relation to the
18 construction, in the adjacent area, of a greenhouse gas
19 pipeline for the conveyance of a greenhouse gas
20 substance to a place in a greenhouse gas injection
21 licence area under the Commonwealth Act or a
22 corresponding law.
23 (2) If the applicant is the pipeline operator under the
24 Commonwealth Act or corresponding law, the Minister
25 must give the applicant a written notice informing the
26 applicant that the Minister is prepared to grant the
27 applicant a pipeline licence.
28 (3) If the applicant is not the pipeline operator under the
29 Commonwealth Act or corresponding law and the
30 application has not been rejected under section 64F(4),
31 the Minister may give the applicant a written notice
page 400
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 333
1 informing the applicant that the Minister is prepared to
2 grant the applicant a pipeline licence.
3 64L. Form and content of pipeline licence offer notice
4 (1) A pipeline licence offer notice must --
5 (a) specify the route to be followed by the pipeline;
6 and
7 (b) contain a summary of the conditions subject to
8 which the pipeline licence is to be granted; and
9 (c) contain a statement to the effect that the
10 application for a pipeline licence will lapse if
11 the applicant does not make a request under
12 section 64M.
13 (2) The route specified in a pipeline licence offer notice
14 must be --
15 (a) the route shown in the plan accompanying the
16 application; or
17 (b) if the Minister is of the opinion that, for any
18 reason, that route is not appropriate, a route
19 that, in the opinion of the Minister, is
20 appropriate.
21 64M. Request for grant of pipeline licence after offer
22 (1) A person to whom a pipeline licence offer notice is
23 given may, within the required period, request the
24 Minister, in writing, to grant the pipeline licence.
25 (2) If a person to whom a pipeline licence offer notice is
26 given does not make a request under subsection (1)
27 within the required period, the application for the
28 pipeline licence lapses at the end of that period.
page 401
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 333
1 (3) For the purposes of subsection (1), the required period
2 is --
3 (a) 3 months after the pipeline licence offer notice
4 is given; or
5 (b) a further period, not being more than 3 months,
6 that the Minister, on application in writing
7 served on the Minister before the end of the
8 period mentioned in paragraph (a), allows.
9 64N. Refusal to grant petroleum pipeline licence --
10 petroleum licence area
11 (1) This section applies if an application is made under
12 section 64 for a pipeline licence in relation to the
13 construction, in the adjacent area, of a petroleum
14 pipeline for the conveyance of petroleum recovered in
15 a petroleum licence area.
16 (2) If the application is made by the petroleum licensee,
17 the Minister must, by written notice given to the
18 applicant, refuse to grant the licence if --
19 (a) any of the following have not been complied
20 with --
21 (i) the conditions to which the petroleum
22 production licence is, or has from time
23 to time been, subject;
24 (ii) any requirement under section 64A(1);
25 (iii) this Part;
26 (iv) the regulations;
27 and
28 (b) the Minister is not satisfied that special
29 circumstances exist that justify the granting of a
30 pipeline licence.
page 402
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 333
1 (3) If the application is not made by the petroleum
2 licensee, the Minister may, by written notice given to
3 the applicant, refuse to grant the licence.
4 64O. Refusal to grant greenhouse gas pipeline licence
5 relating to petroleum licence area
6 (1) This section applies if --
7 (a) a petroleum production licence is in force; and
8 (b) the petroleum licence area is in the adjacent
9 area; and
10 (c) an application is made under section 64 for a
11 pipeline licence in relation to the construction,
12 in the adjacent area, of a greenhouse gas
13 (petroleum licence area) pipeline in relation to
14 the petroleum licence area.
15 (2) If the application is made by the petroleum licensee,
16 the Minister must, by written notice given to the
17 applicant, refuse to grant the licence if --
18 (a) any of the following have not been complied
19 with --
20 (i) the conditions to which the
21 GHG injection licence is, or has from
22 time to time been, subject;
23 (ii) any requirement under section 64A(1);
24 (iii) this Part;
25 (iv) the regulations;
26 and
27 (b) the Minister is not satisfied that special
28 circumstances exist that justify the granting of a
29 pipeline licence.
page 403
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 333
1 (3) If the applicant is not the petroleum licensee, the
2 Minister may, by written notice given to the applicant,
3 refuse to grant the licence.
4 64P. Refusal to grant greenhouse gas pipeline licence
5 relating to GHG licence area
6 (1) This section applies if --
7 (a) a GHG injection licence is in force; and
8 (b) the GHG licence area is in the adjacent area;
9 and
10 (c) an application is made under section 64 for a
11 pipeline licence in relation to the construction,
12 in the adjacent area, of a greenhouse gas (GHG
13 licence area) pipeline in relation to the GHG
14 licence area.
15 (2) If the application is made by the GHG licensee, the
16 Minister must, by written notice given to the applicant,
17 refuse to grant the licence if --
18 (a) any of the following have not been complied
19 with --
20 (i) the conditions to which the
21 GHG injection licence is, or has from
22 time to time been, subject;
23 (ii) any requirement under section 64A(1);
24 (iii) this Part;
25 (iv) the regulations;
26 and
27 (b) the Minister is not satisfied that special
28 circumstances exist that justify the granting of a
29 pipeline licence.
page 404
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 333
1 (3) If the applicant is not the GHG licensee, the Minister
2 may, by written notice given to the applicant, refuse to
3 grant the licence.
4 64Q. Refusal to grant petroleum pipeline licence -
5 petroleum production area under Commonwealth
6 Act or corresponding law
7 (1) This section applies if --
8 (a) an application is made under section 64 for a
9 pipeline licence in relation to the construction,
10 in the adjacent area, of a petroleum pipeline for
11 the conveyance of petroleum recovered in the
12 licence area of a production licence under the
13 Commonwealth Act or a corresponding law;
14 and
15 (b) the applicant is not the pipeline operator under
16 the Commonwealth Act or corresponding law.
17 (2) The Minister may, by written notice given to the
18 applicant, refuse to grant the licence.
19 64R. Refusal to grant greenhouse gas pipeline licence -
20 greenhouse gas injection licence area under
21 Commonwealth Act or corresponding law
22 (1) This section applies if --
23 (a) an application is made under section 64 for a
24 pipeline licence in relation to the construction,
25 in the adjacent area, of a greenhouse gas
26 pipeline for the conveyance of a greenhouse gas
27 substance to a place in a greenhouse gas
28 injection licence area under the Commonwealth
29 Act or a corresponding law; and
30 (b) the applicant is not the pipeline operator under
31 the Commonwealth Act or corresponding law.
page 405
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 333
1 (2) The Minister may, by written notice given to the
2 applicant, refuse to grant the licence.
3 64S. Consultation before refusal of application by
4 petroleum licensee or GHG licensee
5 (1) Before making a decision under section 64N(2),
6 64O(2) or 64P(2) to refuse to grant a pipeline licence,
7 the Minister must --
8 (a) by written notice given to the applicant for the
9 licence, give at least 30 days' notice of the
10 Minister's intention to make the decision; and
11 (b) give a copy of the notice to any other persons
12 the Minister thinks fit.
13 (2) The notice must --
14 (a) set out details of the decision that is proposed to
15 be made; and
16 (b) set out the reasons for the proposal; and
17 (c) invite a person to whom the notice, or a copy of
18 the notice, has been given to make a written
19 submission to the Minister about the proposal;
20 and
21 (d) specify a period within which submissions may
22 be made.
23 (3) In making the decision under section 64N(2), 64O(2)
24 or 64P(2), the Minister must take into account any
25 submissions made in accordance with the notice.
26 65. Grant of pipeline licence
27 (1) This section applies if --
28 (a) an applicant is given a pipeline licence offer
29 notice; and
30 (b) the applicant makes a request under
31 section 64M in relation to the pipeline licence
page 406
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 334
1 offer notice within the period applicable under
2 that section.
3 (2) The Minister must grant the applicant the pipeline
4 licence.
5
6 334. Section 70 amended
7 In section 70(3) delete "The" and insert:
8
9 If the pipeline is a petroleum pipeline, the
10
11 335. Part 3 Division 4 Subdivision 3 heading inserted
12 After section 70 insert:
13
14 Subdivision 3 -- Varying a pipeline licence
15
16 336. Part 3 Division 4 Subdivision 4 heading inserted
17 After section 72 insert:
18
19 Subdivision 4 -- Operation of pipeline licence
20
21 337. Section 73 amended
22 In section 73(1) after "petroleum" (each occurrence) insert:
23
24 or greenhouse gas substances
25
page 407
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 338
1 338. Part 3 Divisions 4AAA and 4AAB inserted
2 After Part 3 Division 4 insert:
3
4 Division 4AAA -- Petroleum titles and GHG titles may
5 subsist in respect of same blocks
6 74AA. Petroleum titles and GHG titles may subsist in
7 respect of same blocks
8 (1) In this section --
9 GHG title means a GHG exploration permit, GHG
10 retention lease, GHG injection licence, GHG special
11 prospecting authority or GHG access authority;
12 petroleum title means a petroleum exploration permit,
13 petroleum retention lease, petroleum production
14 licence, petroleum special prospecting authority or
15 petroleum access authority.
16 (2) The Minister must not do either of the following unless
17 the Minister complies with subsection (3) --
18 (a) grant a petroleum title on an application under
19 this Act in respect of a block that is the subject
20 of a GHG title of which the registered holder is
21 a person other than the applicant;
22 (b) vary a petroleum production licence on an
23 application under section 40(2)(b) to include in
24 the licence area a block that is the subject of a
25 GHG title of which the registered holder is a
26 person other than the applicant.
27 (3) The Minister complies with this subsection if the
28 Minister --
29 (a) by instrument in writing served on the
30 registered holder of the GHG title, gives not
31 less than 1 month's notice of the Minister's
page 408
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 338
1 intention to grant the petroleum title or vary the
2 petroleum production licence, as the case
3 requires; and
4 (b) in the instrument --
5 (i) gives particulars of the petroleum title
6 proposed to be granted or of the
7 variation proposed to be made to the
8 petroleum production licence; and
9 (ii) specifies a day on or before which the
10 person on whom the instrument is
11 served may, by instrument in writing
12 served on the Minister, submit any
13 matters relating to the information given
14 under subparagraph (i) that the person
15 wishes the Minister to consider;
16 and
17 (c) takes into account any matters the person
18 submits to the Minister on or before the
19 specified day.
20 (4) The Minister must not grant a GHG title on an
21 application under this Act in respect of a block that is
22 the subject of a petroleum title of which the registered
23 holder is a person other than the applicant, unless the
24 Minister complies with subsection (5).
25 (5) The Minister complies with this subsection if the
26 Minister --
27 (a) by instrument in writing served on the
28 registered holder of the petroleum title, gives
29 not less than 1 month's notice of the Minister's
30 intention to grant the GHG title; and
31 (b) in the instrument --
32 (i) gives particulars of the GHG title
33 proposed to be granted; and
page 409
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 338
1 (ii) specifies a date on or before which the
2 person on whom the instrument is
3 served may, by instrument in writing
4 served on the Minister, submit any
5 matters relating to the information given
6 under subparagraph (i) that the person
7 wishes the Minister to consider;
8 and
9 (c) takes into account any matters the person
10 submits to the Minister on or before the
11 specified day.
12 (6) Nothing in this section limits the operation of any other
13 provisions of this Act relating to applying for or
14 granting a petroleum title or GHG title or varying a
15 petroleum title.
16 Division 4AAB -- Matters relating to GHG injection
17 and storage
18 Subdivision 1 -- Declaration of identified GHG
19 storage formation
20 74AB. Application for declaration of identified GHG
21 storage formation
22 (1) This section applies if --
23 (a) a GHG exploration permit, GHG retention
24 lease, GHG injection licence, petroleum
25 retention lease or petroleum production licence
26 is in force; and
27 (b) the permittee, lessee or licensee has reasonable
28 grounds to believe that --
29 (i) a part of a geological formation is an
30 eligible GHG storage formation; and
page 410
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 338
1 (ii) that part is wholly situated in the permit
2 area, lease area or licence area.
3 (2) The permittee, lessee or licensee may apply to the
4 Minister for the declaration of the part referred to in
5 subsection (1)(b) as an identified GHG storage
6 formation.
7 (3) An application under this section must be made in an
8 approved manner and set out --
9 (a) the applicant's reasons for believing that the
10 part referred to in subsection (1)(b) is an
11 eligible GHG storage formation; and
12 (b) assuming that the part referred to in
13 subsection (1)(b) is an eligible GHG storage
14 formation --
15 (i) the fundamental suitability determinants
16 of the eligible GHG storage formation;
17 and
18 (ii) an estimate of the spatial extent of the
19 eligible GHG storage formation; and
20 (iii) any other information prescribed by the
21 regulations.
22 (4) An estimate of spatial extent must comply with any
23 requirements specified in the regulations.
24 74AC. Requirement for further information or further
25 analysis
26 (1) If an application is made under section 74AB, the
27 Minister may, by written notice given to the applicant,
28 require the applicant --
29 (a) to give the Minister, within the period specified
30 in the notice, further information in connection
31 with the application; or
page 411
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 338
1 (b) to --
2 (i) carry out any further analysis of relevant
3 information specified in the notice; and
4 (ii) give the Minister, within the period
5 specified in the notice, a written report
6 of the results of that analysis.
7 (2) If the applicant breaches a requirement under
8 subsection (1), the Minister may, by written notice
9 given to the applicant --
10 (a) refuse to consider the application; or
11 (b) refuse to take any action, or any further action,
12 in relation to the application.
13 74AD. Variation of application
14 (1) At any time before the Minister makes a declaration
15 under section 74AE on an application
16 under section 74AB, the applicant may, by written
17 notice given to the Minister, vary --
18 (a) any or all of the fundamental suitability
19 determinants specified in the application; or
20 (b) the spatial extent estimated in the application.
21 (2) A variation of an application must be made in an
22 approved manner.
23 (3) A variation of an application may be made --
24 (a) on the applicant's own initiative; or
25 (b) at the request of the Minister.
26 (4) If an application is varied under this section, a
27 reference in this Act to the application is a reference to
28 the application as varied.
page 412
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 338
1 74AE. Declaration of identified GHG storage formation
2 (1) This section applies if --
3 (a) an application is made under section 74AB in
4 relation to a part of a geological formation; and
5 (b) the Minister is satisfied that, using the
6 fundamental suitability determinants set out in
7 the application --
8 (i) that part is an eligible GHG storage
9 formation; and
10 (ii) the estimate of the spatial extent set out
11 in the application is a reasonable
12 estimate of the spatial extent of the
13 eligible GHG storage formation.
14 (2) The Minister must, by instrument in writing, declare --
15 (a) that part to be an identified GHG storage
16 formation for the purposes of this Act; and
17 (b) that, for the purposes of this Act, the spatial
18 extent of the identified GHG storage formation
19 is the spatial extent estimated in the application;
20 and
21 (c) that the fundamental suitability determinants
22 specified in the application are the fundamental
23 suitability determinants of the identified GHG
24 storage formation for the purposes of this Act.
25 (3) A declaration under subsection (2) must set out --
26 (a) the estimate of the spatial extent specified in
27 the application; and
28 (b) the fundamental suitability determinants
29 specified in the application.
30 (4) A copy of a declaration under subsection (2) must be
31 published in the Gazette.
page 413
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 338
1 74AF. Refusal to make declaration
2 (1) This section applies if --
3 (a) an application is made under section 74AB in
4 relation to a part of a geological formation; and
5 (b) the Minister is not required by section 74AE to
6 make a declaration in relation to that part.
7 (2) The Minister must, by written notice given to the
8 applicant, refuse to declare that part to be an identified
9 GHG storage formation.
10 74AG. Variation of declaration
11 (1) This section applies if a declaration is in force under
12 section 74AE in relation to a part of a geological
13 formation.
14 (2) The Minister may, by instrument in writing, vary the
15 declaration.
16 (3) A variation of the declaration may be made --
17 (a) if the part is wholly situated in --
18 (i) a GHG permit area -- on the
19 application of the GHG permittee; or
20 (ii) a lease area -- on the application of the
21 lessee; or
22 (iii) a licence area -- on the application of
23 the licensee;
24 or
25 (b) on the Minister's own initiative.
26 (4) An application for a variation of the declaration
27 must --
28 (a) be made in an approved manner; and
29 (b) set out the proposed variation; and
page 414
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 338
1 (c) specify the reasons for the proposed variation.
2 (5) In deciding whether to vary the declaration, the
3 Minister must have regard to --
4 (a) any new information; and
5 (b) any new analysis; and
6 (c) any relevant scientific or technological
7 developments; and
8 (d) any other matters that the Minister considers
9 relevant.
10 (6) Before varying a declaration on the Minister's own
11 initiative, the Minister must consult --
12 (a) if the part is wholly situated in a GHG permit
13 area -- the GHG permittee; or
14 (b) if the part is wholly situated in a lease area --
15 the lessee; or
16 (c) if the part is wholly situated in a licence area --
17 the licensee.
18 (7) A copy of a variation under subsection (2) must be
19 published in the Gazette.
20 (8) If a declaration in force under section 74AE is varied, a
21 reference in this Act to the declaration is a reference to
22 the declaration as varied.
23 74AH. Revocation of declaration
24 (1) This section applies if a declaration is in force under
25 section 74AE in relation to a part of a geological
26 formation.
27 (2) The Minister may, by instrument in writing, revoke the
28 declaration if the Minister is satisfied that, using any
29 set of fundamental suitability determinants, the part is
30 not an eligible GHG storage formation.
page 415
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 338
1 (3) Before revoking a declaration, the Minister must --
2 (a) consult --
3 (i) if the part is wholly situated in a GHG
4 permit area -- the GHG permittee; or
5 (ii) if the part is wholly situated in a lease
6 area -- the lessee; or
7 (iii) if the part is wholly situated in a licence
8 area -- the licensee;
9 and
10 (b) consider whether the Minister should instead
11 vary the declaration under section 74AG.
12 (4) A copy of a revocation under subsection (2) must be
13 published in the Gazette.
14 Subdivision 2 -- Approved site plans
15 74AI. Approved site plans
16 (1) The regulations may provide that a GHG licensee must
17 not carry on any operations in relation to an identified
18 GHG storage formation specified in the licence unless
19 an approved site plan is in force in relation to the
20 formation.
21 (2) The regulations may provide that, if an approved site
22 plan is in force in relation to an identified GHG storage
23 formation specified in a GHG injection licence, the
24 GHG licensee must comply with the approved site
25 plan.
26 (3) The regulations may make provision for the Minister to
27 approve draft site plans.
page 416
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 338
1 (4) The regulations may provide that, if the Minister
2 approves a draft site plan, the approved site plan --
3 (a) comes into force at the time of the approval;
4 and
5 (b) remains in force --
6 (i) if, under the regulations, the Minister
7 withdraws approval of the approved site
8 plan -- until the withdrawal; or
9 (ii) otherwise -- indefinitely.
10 (5) The regulations may make provision for the Minister to
11 withdraw approval of approved site plans.
12 (6) The regulations may make provision for and in relation
13 to the variation of approved site plans.
14 (7) Regulations made for the purposes of subsection (6)
15 may --
16 (a) require a GHG licensee to prepare a draft
17 variation of an approved site plan --
18 (i) periodically; or
19 (ii) in the circumstances specified in the
20 regulations; or
21 (iii) when required to do so by the Minister;
22 and
23 (b) require a GHG licensee to give the draft
24 variation to the Minister; and
25 (c) make provision for the Minister to approve the
26 variation; and
27 (d) provide that, if the Minister approves the
28 variation, the approved site plan is varied
29 accordingly.
page 417
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 338
1 (8) If an approved site plan is varied, a reference in this
2 Act to the approved site plan is a reference to the
3 approved site plan as varied.
4 Subdivision 3 -- Serious situations
5 74AJ. When serious situation exists
6 For the purposes of this Subdivision, a serious
7 situation exists in relation to an identified GHG
8 storage formation if --
9 (a) a greenhouse gas substance that has been
10 injected into the identified GHG storage
11 formation has leaked or will leak; or
12 (b) a greenhouse gas substance has leaked or will
13 leak in the course of being injected into the
14 identified GHG storage formation; or
15 (c) a greenhouse gas substance that has been
16 injected into the identified GHG storage
17 formation has behaved or will behave otherwise
18 than as predicted in Part A of an approved site
19 plan for the formation; or
20 (d) the injection of a greenhouse gas substance
21 into, or the storage of a greenhouse gas
22 substance in, the identified GHG storage
23 formation has had or will have a significant
24 adverse impact on the geotechnical integrity of
25 the whole or a part of a geological formation or
26 geological structure; or
27 (e) the identified GHG storage formation is not
28 suitable for the permanent storage of a
29 greenhouse gas substance as set out in an
30 approved site plan for the formation.
page 418
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 338
1 74AK. Reporting of serious situations
2 If a GHG licensee becomes aware that a serious
3 situation exists in relation to an identified GHG storage
4 formation specified in the licence, the GHG licensee
5 must --
6 (a) immediately inform the Minister of the serious
7 situation; and
8 (b) within the period of 3 days after informing the
9 Minister under paragraph (a), give to the
10 Minister particulars in writing of the serious
11 situation.
12 Penalty: a fine of $10 000.
13 74AL. Minister may give directions
14 (1) If, in the opinion of the Minister, a serious situation
15 exists in relation to an identified GHG storage
16 formation specified in a GHG injection licence, the
17 Minister may, by written notice given to the GHG
18 licensee, direct the licensee --
19 (a) to take all reasonable steps to ensure that a
20 greenhouse gas substance is injected into the
21 identified GHG storage formation in the
22 manner specified in the direction; or
23 (b) to take all reasonable steps to ensure that a
24 greenhouse gas substance is stored in the
25 identified GHG storage formation in the
26 manner specified in the direction; or
27 (c) to stop or suspend the injection of a greenhouse
28 gas substance at the place or places specified in
29 the direction; or
30 (d) to inject a greenhouse gas substance into the
31 identified GHG storage formation at the place
32 or places specified in the direction; or
page 419
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 338
1 (e) to undertake the activities specified in the
2 direction for the purposes of eliminating,
3 mitigating, managing or remedying the serious
4 situation; or
5 (f) to take any action specified in the direction; or
6 (g) to refrain from taking any action specified in
7 the direction.
8 (2) A direction under subsection (1) --
9 (a) has effect, and must be complied with,
10 despite --
11 (i) any previous direction under that
12 subsection; and
13 (ii) anything in the regulations;
14 and
15 (b) prevails over anything in an approved site plan
16 for the identified GHG storage formation to the
17 extent of any inconsistency; and
18 (c) may make provision in relation to a matter by
19 applying, adopting or incorporating (with or
20 without modification) a code of practice or
21 standard contained in an instrument as in force
22 or existing at the time when the direction takes
23 effect; and
24 (d) may prohibit the doing of an act or thing --
25 (i) unconditionally; or
26 (ii) subject to conditions, including
27 conditions requiring the consent or
28 approval of a person specified in the
29 direction.
30 (3) A person to whom a direction is given under
31 subsection (1) must comply with the direction.
32 Penalty for this subsection: a fine of $10 000.
page 420
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 338
1 Subdivision 4 -- Site closing certificates
2 74AM. Application for site closing certificate
3 A GHG licensee may apply to the Minister for a site
4 closing certificate in relation to a particular identified
5 GHG storage formation specified in the GHG injection
6 licence.
7 74AN. Application for site closing certificate required if
8 operations have ceased
9 (1) This section applies if --
10 (a) a GHG injection licence is in force; and
11 (b) operations for the injection of a greenhouse gas
12 substance into a particular identified GHG
13 storage formation specified in the licence have
14 ceased.
15 (2) The GHG licensee must, within the application period,
16 apply under section 74AM for a site closing certificate
17 in relation to the identified GHG storage formation.
18 Penalty for this subsection: a fine of $10 000.
19 (3) The application period for an application referred to in
20 subsection (2) is --
21 (a) the period of 30 days after the day on which the
22 cessation referred to in subsection (1)(b)
23 occurred; or
24 (b) any longer period, not more than 90 days after
25 that day, that the Minister allows.
26 (4) The Minister may allow a longer period under
27 subsection (3)(b) only on written application made by
28 the licensee within the period of 30 days mentioned in
29 subsection (3)(a).
page 421
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 338
1 74AO. Application for site closing certificate may be
2 directed if ground for terminating or cancelling
3 GHG injection licence exists
4 (1) This section applies if --
5 (a) a GHG injection licence is in force; and
6 (b) under section 54A(1A) or 105(1), there is a
7 ground for terminating or cancelling the
8 licence.
9 (2) The Minister may, by written notice given to the
10 GHG licensee, direct the licensee --
11 (a) to apply under section 74AM for a site closing
12 certificate in relation to each identified GHG
13 storage formation specified in the licence; and
14 (b) to do so within the period specified in the
15 notice.
16 (3) The period specified under subsection (2)(b) must not
17 be shorter than 30 days.
18 (4) A person to whom a direction is given under
19 subsection (2) must comply with the direction.
20 Penalty for this subsection: a fine of $10 000.
21 74AP. Application for site closing certificate may be
22 directed if GHG injection licence tied to ceased
23 petroleum lease or licence
24 (1) This section applies if --
25 (a) a GHG injection licence is in force; and
26 (b) the GHG injection licence is tied to a petroleum
27 retention lease or petroleum production licence;
28 and
29 (c) the petroleum retention lease or petroleum
30 production licence ceases to be in force as a
page 422
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 338
1 result of being surrendered, cancelled,
2 terminated or wholly revoked.
3 (2) The Minister may, by written notice given to the
4 GHG licensee, direct the licensee --
5 (a) to apply under section 74AM for a site closing
6 certificate in relation to each identified GHG
7 storage formation specified in the licence; and
8 (b) to do so within the period specified in the
9 notice.
10 (3) The period specified under subsection (2)(b) must not
11 be shorter than 30 days.
12 (4) A person to whom a direction is given under
13 subsection (2) must comply with the direction.
14 Penalty for this subsection: a fine of $10 000.
15 (5) For the purposes of subsection (1)(b), a GHG injection
16 licence (the GHG licence) is tied to a petroleum
17 retention lease (the petroleum lease) if --
18 (a) the GHG licence is derived from a GHG
19 retention lease --
20 (i) granted under section 38BC to the
21 registered holder of a petroleum
22 retention lease; or
23 (ii) granted by way of renewal of a GHG
24 retention lease granted under
25 section 38BC to the registered holder of
26 a petroleum retention lease;
27 and
28 (b) the petroleum lease is --
29 (i) the petroleum retention lease referred to
30 in paragraph (a)(i) or (ii); or
31 (ii) a petroleum retention lease granted by
32 way of renewal of the petroleum
page 423
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 338
1 retention lease referred to in
2 paragraph (a)(i) or (ii).
3 (6) For the purposes of subsection (1)(b), a GHG injection
4 licence (the GHG licence) is tied to a petroleum
5 production licence (the petroleum licence) if --
6 (a) the GHG licence is derived from a GHG
7 retention lease --
8 (i) granted under section 38BC to the
9 registered holder of a petroleum
10 retention lease; or
11 (ii) granted by way of renewal of a GHG
12 retention lease granted under
13 section 38BC to the registered holder of
14 a petroleum retention lease;
15 and
16 (b) the petroleum licence is derived from --
17 (i) the petroleum retention lease referred to
18 in paragraph (a)(i) or (ii); or
19 (ii) a petroleum retention lease granted by
20 way of renewal of the petroleum
21 retention lease referred to in
22 paragraph (a)(i) or (ii).
23 74AQ. Requirements for application for site closing
24 certificate
25 (1) An application for a site closing certificate under
26 section 74AM --
27 (a) must be made in an approved manner; and
28 (b) must be accompanied by a written report that
29 sets out --
30 (i) the applicant's modelling of the
31 behaviour of the greenhouse gas
page 424
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 338
1 substance injected into the identified
2 GHG storage formation; and
3 (ii) information relevant to that modelling;
4 and
5 (iii) the applicant's analysis of that
6 information;
7 and
8 (c) must be accompanied by a written report that
9 sets out the applicant's assessment of --
10 (i) the behaviour of the greenhouse gas
11 substance injected into the identified
12 GHG storage formation; and
13 (ii) the expected migration pathway or
14 pathways of that greenhouse gas
15 substance; and
16 (iii) the short-term consequences of the
17 migration of that greenhouse gas
18 substance; and
19 (iv) the long-term consequences of the
20 migration of that greenhouse gas
21 substance;
22 and
23 (d) must be accompanied by the applicant's
24 suggestions for the approach to be taken by the
25 State, after the issue of the site closing
26 certificate, to the monitoring of the behaviour
27 of a greenhouse gas substance stored in the
28 identified GHG storage formation; and
29 (e) must be accompanied by any other information
30 prescribed by the regulations; and
31 (f) may set out any other matters that the applicant
32 wishes the Minister to consider; and
33 (g) must be accompanied by the prescribed fee.
page 425
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 338
1 (2) Subsection (1)(b) to (d) do not apply if there have not
2 been any operations for the injection of a greenhouse
3 gas substance into the identified GHG storage
4 formation.
5 (3) The Minister may, at any time and by instrument in
6 writing served on the applicant, require the applicant to
7 give to the Minister, within the period specified in the
8 instrument, further information in writing in connection
9 with the application.
10 74AR. Variation of application for site closing certificate
11 (1) This section applies if an application for a site closing
12 certificate is made under section 74AM.
13 (2) At any time before any action is taken by the Minister
14 under section 74AT, 74AU or 74AV, the applicant
15 may, by written notice given to the Minister, vary the
16 application.
17 (3) A variation of an application must be made in an
18 approved manner.
19 (4) A variation of an application may be made --
20 (a) on the applicant's own initiative; or
21 (b) at the request of the Minister.
22 (5) A variation of an application may set out any additional
23 matters that the applicant wishes to be considered.
24 (6) If an application is varied under this section, a
25 reference in this Act to the application is a reference to
26 the application as varied.
page 426
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 338
1 74AS. Time for decision on application for site closing
2 certificate
3 If an application for a site closing certificate is made
4 under section 74AM, the Minister must make a
5 decision on the application, and a decision whether to
6 give the applicant a pre-certificate notice, within
7 5 years after the day on which the application was
8 made.
9 74AT. Pre-certificate notice
10 (1) This section applies if an application for a site closing
11 certificate is made under section 74AM.
12 (2) The Minister may give the applicant a written notice (a
13 pre-certificate notice) informing the applicant that the
14 Minister is prepared to issue to the applicant a site
15 closing certificate in relation to an identified GHG
16 storage formation specified in the application if the
17 Minister is satisfied that --
18 (a) operations for the injection of a greenhouse gas
19 substance into the identified GHG storage
20 formation have ceased; or
21 (b) there have not been any operations for the
22 injection of a greenhouse gas substance into the
23 identified GHG storage formation.
24 (3) In deciding whether to give the applicant a
25 pre-certificate notice, the Minister must have regard to
26 any significant risk the Minister is satisfied exists that a
27 greenhouse gas substance injected into the identified
28 GHG storage formation will have a significant adverse
29 impact on --
30 (a) navigation; or
31 (b) fishing; or
page 427
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 338
1 (c) any of the following operations of another
2 person that are being lawfully carried on --
3 (i) operations relating to the exploration
4 for, recovery of or conveyance of a
5 mineral, whether petroleum or a
6 regulated substance or not;
7 (ii) GHG operations;
8 (iii) operations relating to the construction or
9 operation of a pipeline;
10 or
11 (d) the enjoyment of native title rights (as defined
12 in the Native Title Act 1993 (Commonwealth)
13 section 223.
14 (4) Subsection (3) does not limit the matters to which the
15 Minister may have regard.
16 (5) The Minister must not give the applicant a
17 pre-certificate notice in relation to the identified GHG
18 storage formation unless the Minister is satisfied
19 that --
20 (a) either --
21 (i) the relevant statutory requirements have
22 been complied with; or
23 (ii) any of the relevant statutory
24 requirements have not been complied
25 with, but there are sufficient grounds to
26 warrant the issue of the site closing
27 certificate;
28 and
29 (b) if any conditions are specified in the
30 regulations -- those conditions have been
31 satisfied.
page 428
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 338
1 (6) For the purposes of subsection (5)(a), each of the
2 following is a relevant statutory requirement --
3 (a) the conditions to which the GHG injection
4 licence is, or has from time to time been,
5 subject;
6 (b) the provisions of this Part;
7 (c) the provisions of the regulations.
8 74AU. Refusal of pre-certificate notice
9 (1) This section applies if an application for a site closing
10 certificate is made under section 74AM.
11 (2) The Minister must refuse to give the applicant a
12 pre-certificate notice in relation to the identified GHG
13 storage formation if the Minister is not satisfied as to
14 the matters referred to in section 74AT(5)(a) and (b).
15 (3) The Minister may refuse to give the applicant a
16 pre-certificate notice in relation to the identified GHG
17 storage formation if --
18 (a) the Minister is not satisfied that the greenhouse
19 gas substance injected into the identified GHG
20 storage formation is behaving as predicted in
21 Part A of an approved site plan for the
22 formation; or
23 (b) the Minister is satisfied that there is a
24 significant risk that a greenhouse gas substance
25 injected into the identified GHG storage
26 formation will have a significant adverse
27 impact on --
28 (i) the conservation of the resources of the
29 soil or the Earth's crust; or
30 (ii) the geotechnical integrity of the whole
31 or a part of a geological formation or
32 geological structure; or
page 429
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 338
1 (iii) the environment; or
2 (iv) human health or safety.
3 (4) Subsection (3) does not limit the matters to which the
4 Minister may have regard in deciding whether to refuse
5 to give the applicant a pre-certificate notice.
6 74AV. Notice of refusal to give pre-certificate notice
7 (1) This section applies if --
8 (a) an application for a site closing certificate is
9 made under section 74AM; and
10 (b) the Minister refuses to give a pre-certificate
11 notice to the applicant.
12 (2) The Minister must give written notice of the refusal to
13 the applicant.
14 74AW. Content of pre-certificate notice
15 (1) A pre-certificate notice that relates to an application for
16 a site closing certificate must --
17 (a) specify a program of operations proposed to be
18 carried out by the State for the purposes of
19 monitoring the behaviour of a greenhouse gas
20 substance stored in the identified GHG storage
21 formation concerned; and
22 (b) set out an estimate of the total costs and
23 expenses of carrying out the program; and
24 (c) specify the form and amount of a security to be
25 lodged by the applicant in respect of the
26 compliance, by the holder for the time being of
27 the site closing certificate, with the holder's
28 obligations under section 74AZD in relation to
29 the costs and expenses of carrying out the
30 program; and
page 430
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 338
1 (d) contain a statement to the effect that the
2 application will lapse if the applicant does not
3 lodge the security with the Minister within the
4 period applicable under subsection (3).
5 (2) The amount of the security is to equal the estimate
6 referred to in subsection (1)(b).
7 (3) The period for lodging the security is --
8 (a) 2 months after the pre-certificate notice was
9 given to the applicant; or
10 (b) any longer period, not more than 6 months after
11 the pre-certificate notice was given to the
12 applicant, that the Minister allows.
13 (4) If the applicant does not lodge the security with the
14 Minister within the period applicable under
15 subsection (3), the application lapses at the end of that
16 period.
17 (5) The regulations may provide that an estimate referred
18 to in subsection (1)(b) is to be made on the basis of --
19 (a) an assumption that costs and expenses will
20 increase at an annual rate specified in the
21 regulations; and
22 (b) any other assumptions specified in the
23 regulations.
24 (6) Subsection (1) does not apply if the Minister is
25 satisfied that there have not been any operations for the
26 injection of a greenhouse gas substance into the
27 identified GHG storage formation concerned.
28 74AX. Issue of site closing certificate
29 (1) This section applies if --
30 (a) an applicant has been given a pre-certificate
31 notice under section 74AT; and
page 431
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 338
1 (b) if section 74AW(1) applies -- the applicant has
2 lodged the specified security within the period
3 applicable under section 74AW(3).
4 (2) The Minister must issue to the applicant a certificate (a
5 site closing certificate) in relation to the identified
6 GHG storage formation specified in the pre-certificate
7 notice.
8 74AY. Transferee of GHG injection licence treated as
9 applicant
10 (1) This section applies if a transfer of a GHG injection
11 licence is registered under section 78 --
12 (a) after an application is made under
13 section 74AM for a site closing certificate in
14 relation to an identified GHG storage formation
15 specified in the GHG injection licence; and
16 (b) before any action has been taken by the
17 Minister under section 74AT, 74AU or 74AV
18 in relation to the application.
19 (2) After the transfer, sections 74AM to 74AX have effect
20 in relation to the application as if any reference in those
21 sections to the applicant were a reference to the
22 transferee.
23 74AZ. Duration of site closing certificate
24 Subject to this Part, a site closing certificate remains in
25 force indefinitely.
26 74AZA. Transfer of site closing certificate
27 (1) This section applies if --
28 (a) a site closing certificate is issued to the
29 registered holder of a GHG injection licence;
30 and
page 432
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 338
1 (b) a transfer of the licence is registered under
2 section 78.
3 (2) The site closing certificate is, by force of this section,
4 transferred to the transferee of the licence.
5 74AZB. Transfer of securities
6 (1) This section applies if --
7 (a) a security is lodged in relation to a site closing
8 certificate; and
9 (b) the site closing certificate is transferred under
10 section 74AZA.
11 (2) The interest of the transferor in the security is, by force
12 of this section, transferred to the transferee.
13 (3) A document setting out or relating to the security has
14 effect, after the transfer, as if a reference in the
15 document to the transferor were a reference to the
16 transferee.
17 74AZC. Discharge of securities
18 The regulations may make provision in relation to the
19 discharge, in whole or in part, by the Minister of
20 securities in force in relation to site closing certificates.
21 74AZD. Recovery of State's costs and expenses
22 (1) This section applies if --
23 (a) a site closing certificate is in force in relation to
24 an identified GHG storage formation; and
25 (b) the State incurs reasonable costs or expenses in
26 carrying out the program specified in the
27 pre-certificate notice for the site closing
28 certificate.
page 433
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 338
1 (2) The costs and expenses --
2 (a) are a debt due to the State by the holder of the
3 certificate; and
4 (b) are recoverable in a court of competent
5 jurisdiction.
6 (3) The total of the costs and expenses recoverable under
7 subsection (2) must not exceed the estimate set out in
8 the pre-certificate notice.
9 Subdivision 5 -- Long-term liabilities in respect of
10 GHG storage
11 74AZE. Closure assurance period
12 (1) This section applies if --
13 (a) a site closing certificate is in force in relation to
14 an identified GHG storage formation; and
15 (b) the Minister is satisfied that operations for the
16 injection of a greenhouse gas substance into the
17 formation ceased on a day (the cessation day)
18 before the application for the site closing
19 certificate was made; and
20 (c) on a day (the decision day) that is at least
21 15 years after the issue of the site closing
22 certificate, the Minister is satisfied that --
23 (i) the greenhouse gas substance injected
24 into the formation is behaving as
25 predicted in Part A of an approved site
26 plan for the formation; and
27 (ii) there is no significant risk that a
28 greenhouse gas substance injected into
29 the formation will have a significant
30 adverse impact on the geotechnical
31 integrity of the whole or a part of a
page 434
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 338
1 geological formation or geological
2 structure; and
3 (iii) there is no significant risk that a
4 greenhouse gas substance injected into
5 the formation will have a significant
6 adverse impact on the environment; and
7 (iv) there is no significant risk that a
8 greenhouse gas substance injected into
9 the formation will have a significant
10 adverse impact on human health or
11 safety; and
12 (v) since the cessation day, there have not
13 been any operations for the injection of
14 a greenhouse gas substance into the
15 formation.
16 (2) The Minister may, by instrument in writing, declare
17 that for the purposes of this Act the closure assurance
18 period in relation to the formation is the period --
19 (a) beginning at the end of the cessation day; and
20 (b) ending at the end of the decision day.
21 (3) A copy of a declaration under subsection (2) must be
22 given to the holder of the site closing certificate.
23 74AZF. Indemnity against long-term liability
24 (1) This section applies if --
25 (a) a site closing certificate is in force in relation to
26 an identified GHG storage formation; and
27 (b) when the application for the certificate was
28 made, the formation was specified in a
29 GHG injection licence; and
30 (c) there is a closure assurance period in relation to
31 the formation; and
page 435
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 338
1 (d) the following conditions are satisfied in relation
2 to a liability of an existing person who is or has
3 been the registered holder of the licence
4 (whether or not the licence is in force) --
5 (i) the liability is a liability for damages;
6 (ii) the liability is attributable to an act done
7 or omitted to be done in the carrying on
8 of operations authorised by the licence
9 in relation to the formation;
10 (iii) the liability is incurred or accrued after
11 the end of the closure assurance period
12 in relation to the formation;
13 (iv) any other conditions specified in the
14 regulations.
15 (2) The State must indemnify the person against the
16 liability.
17 (3) The amount of any indemnity under subsection (2)
18 must be charged to the Consolidated Account, which
19 is, to the necessary extent, appropriated accordingly.
20 74AZG. State to assume long-term liability if licensee has
21 ceased to exist
22 (1) This section applies if --
23 (a) a site closing certificate is in force in relation to
24 an identified GHG storage formation; and
25 (b) when the application for the certificate was
26 made, the formation was specified in a GHG
27 injection licence; and
28 (c) there is a closure assurance period in relation to
29 the formation; and
30 (d) a person who has been the registered holder of
31 the licence (whether or not the licence is in
32 force) has ceased to exist; and
page 436
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 339
1 (e) if the person had continued in existence, the
2 following conditions would have been satisfied
3 in relation to a liability of the person --
4 (i) the liability is a liability for damages;
5 (ii) the liability is attributable to an act done
6 or omitted to be done in the carrying on
7 of operations authorised by the licence
8 in relation to the formation;
9 (iii) the liability is incurred or accrued after
10 the end of the closure assurance period
11 in relation to the formation;
12 (iv) any other conditions specified in the
13 regulations;
14 and
15 (f) apart from this section, the damages are
16 irrecoverable because the person has ceased to
17 exist.
18 (2) The liability is taken to be a liability of the State.
19 (3) The amount of any liability under subsection (2) is to
20 be charged to the Consolidated Account, which is, to
21 the necessary extent, appropriated accordingly.
22
23 339. Section 76 amended
24 In section 76(2):
25 (a) in paragraph (d) delete "(b)." and insert:
26
27 (b); and
28
page 437
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 340
1 (b) after paragraph (d) insert:
2
3 (e) any instrument under section 74AE, 74AG
4 or 74AH.
5
6 340. Section 81 amended
7 In section 81(1):
8 (a) in paragraph (c) delete "substance);" and insert:
9
10 substance or the carrying out of GHG operations);
11
12 (b) in paragraph (d)(ii) delete "kind;" and insert:
13
14 kind; or
15
16 (c) after paragraph (d)(ii) insert:
17
18 (iii) any other interest that is similar to an
19 interest referred to in subparagraph (i),
20 being an interest relating to a
21 greenhouse gas substance injected or
22 stored under an existing permit, lease or
23 licence or relating to revenue derived as
24 a result of the carrying out of GHG
25 operations authorised by an existing
26 permit, lease or licence;
27
page 438
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 341
1 341. Section 96 amended
2 After section 96(3) insert:
3
4 (4) This section does not apply to --
5 (a) a GHG exploration permit; or
6 (b) a GHG retention lease; or
7 (c) a GHG injection licence; or
8 (d) an infrastructure licence for an activity set out
9 in section 6B(3); or
10 (e) a pipeline licence for the conveyance of
11 greenhouse gas substances.
12
13 342. Section 97 amended
14 (1) Delete section 97(1) and insert:
15
16 (1) Subsection (1A) applies to the following operations --
17 (a) all petroleum operations and operations for the
18 recovery of petroleum or a regulated substance;
19 (b) all GHG operations.
20 (1A) A permittee, lessee or licensee must carry out the
21 operations referred to in subsection (1) in the permit
22 area, lease area or licence area, as the case requires --
23 (a) in a proper and workmanlike manner; and
24 (b) in the case of operations referred to in
25 subsection (1)(a), in accordance with good
26 oil-field practice.
27 (1B) Subsections (2) and (2A) have effect without limiting
28 the generality of subsection (1A) but subject to any
page 439
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 342
1 authorisation, requirement or direction given or made
2 by or under this Act.
3
4 (2) In section 97(2):
5 (a) delete the passage that begins with "In particular," and
6 ends with "must --" and insert:
7
8 A petroleum permittee, petroleum lessee or petroleum
9 licensee must --
10
11 (b) delete paragraph (a) and insert:
12
13 (a) control the flow and prevent the waste or
14 escape in the permit area, lease area or licence
15 area of petroleum, greenhouse gas substances
16 or water; and
17
18 (c) in paragraph (c) after "to" insert:
19
20 potential GHG storage formations, potential GHG
21 injection sites and
22
23 (d) delete paragraph (d)(i) and insert:
24
25 (i) each resources pool, potential GHG
26 storage formation or potential GHG
27 injection site discovered in the permit
28 area, lease area or licence area; and
29
30 (e) in paragraph (e) delete "pool" and insert:
31
32 pool, potential GHG storage formation or potential GHG
33 injection site
34
page 440
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 342
1 (3) After section 97(2) insert:
2
3 (2A) A GHG permittee, GHG lessee or GHG licensee
4 must --
5 (a) control the flow and prevent the waste or
6 escape in the permit area, lease area or licence
7 area of greenhouse gas substances, petroleum
8 or water; and
9 (b) prevent the escape in the permit area, lease area
10 or licence area of any mixture of water or
11 drilling fluid with greenhouse gas substances or
12 any other matter; and
13 (c) prevent damage to potential GHG storage
14 formations, potential GHG injection sites and
15 strata bearing petroleum or a regulated
16 substance in an area, whether in the adjacent
17 area or not, in respect of which the permit, lease
18 or licence is not in force; and
19 (d) keep separate --
20 (i) each potential GHG storage formation,
21 potential GHG injection site or
22 resources pool discovered in the permit
23 area, lease area or licence area; and
24 (ii) any of the sources of water discovered
25 in that area that the Minister, by
26 instrument in writing served on that
27 person, directs;
28 and
29 (e) except for the purposes of carrying on a
30 GHG operation under this Act in a proper and
31 workmanlike manner, prevent water or any
32 other matter entering any potential GHG
33 storage formation, potential GHG injection site
page 441
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 343
1 or resources pool through wells in the permit
2 area, lease area or licence area.
3
4 (4) Delete section 97(5) and insert:
5
6 (5) A person who is the holder of a special prospecting
7 authority or an access authority must carry out all
8 petroleum operations or GHG exploration operations,
9 as the case requires, in the area in respect of which the
10 special prospecting authority or access authority is in
11 force --
12 (a) in a proper and workmanlike manner; and
13 (b) in the case of petroleum operations, in
14 accordance with good oil-field practice.
15
16 (5) At the end of section 97 in the Penalty after "(2)," insert:
17
18 (2A),
19
20 343. Section 97A amended
21 In section 97A(1) and (2) delete "petroleum or a regulated
22 substance." and insert:
23
24 petroleum, regulated substances or greenhouse gas substances,
25 as the case requires.
26
page 442
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 344
1 344. Section 97B amended
2 (1) Delete section 97B(1) and insert:
3
4 (1) In this section --
5 petroleum title means any of the following --
6 (a) a petroleum exploration permit;
7 (b) a petroleum retention lease;
8 (c) a petroleum production licence;
9 (d) a petroleum special prospecting authority;
10 (e) a petroleum access authority.
11
12 (2) In section 97B(2) to (6) before "title" (each occurrence) insert:
13
14 petroleum
15
16 345. Section 101 amended
17 After section 101(2)(b)(i) insert:
18
19 (ia) in the adjacent area for any reason
20 touching, concerning, arising out of or
21 connected with GHG operations in the
22 adjacent area; or
23
24 346. Section 111 amended
25 (1) In section 111(2)(ca) delete "may" and insert:
26
27 may, in the case of an application for the grant of a petroleum
28 special prospecting authority,
29
page 443
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 346
1 (2) In section 111(3A), (4) and (4A) before "special" (each
2 occurrence) insert:
3
4 petroleum
5
6 (3) After section 111(4A) insert:
7
8 (4B) A GHG special prospecting authority, while it remains
9 in force, authorises the holder, subject to this Act and
10 in accordance with the conditions to which the special
11 prospecting authority is subject, to carry on in the
12 blocks specified in the special prospecting authority the
13 GHG exploration operations so specified.
14
15 (4) In section 111(6b)(a) and (b) before "special" insert:
16
17 petroleum
18
19 (5) After section 111(6b) insert:
20
21 (6C) Subsection (6D) applies if --
22 (a) a person holds a GHG special prospecting
23 authority in respect of a block; and
24 (b) another GHG special prospecting authority is
25 granted to another person in respect of the
26 block.
page 444
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 347
1 (6D) The Minister must, by notice in writing served on each
2 of the persons referred to in subsection (6C), inform
3 each of them of --
4 (a) the GHG exploration operations authorised by
5 the GHG special prospecting authority granted
6 to the other person; and
7 (b) the conditions to which the GHG special
8 prospecting authority granted to the other
9 person is subject.
10
11 347. Section 112 amended
12 (1) Before section 112(1) insert:
13
14 (1AA) In this section --
15 GHG title means an authority, however described,
16 under the Petroleum, Geothermal Energy and
17 Greenhouse Gas Storage Act 1967 or a law of the
18 Commonwealth, of another State or of the Northern
19 Territory, to carry on an operation equivalent to a GHG
20 injection operation;
21 petroleum title means an authority, however described,
22 under the Petroleum, Geothermal Energy and
23 Greenhouse Gas Storage Act 1967 or a law of the
24 Commonwealth, of another State or of the Northern
25 Territory, to explore for, or to recover, petroleum or a
26 regulated substance.
27
page 445
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 347
1 (2) In section 112(1):
2 (a) delete "permittee, lessee, licensee or holder of a" and
3 insert:
4
5 petroleum permittee, petroleum lessee, petroleum
6 licensee or holder of a petroleum
7
8 (b) delete "an access authority" and insert:
9
10 a petroleum access authority
11
12 (3) In section 112(1a) delete "an access authority" and insert:
13
14 a petroleum access authority
15
16 (4) After section 112(1a) insert:
17
18 (1B) A person who is a GHG permittee, GHG lessee, GHG
19 licensee or holder of a GHG special prospecting
20 authority may apply to the Minister for the grant of a
21 GHG access authority to enable the person to carry on,
22 in an area being part of the adjacent area that is not part
23 of the permit area, lease area or licence area or area of
24 the blocks specified in the special prospecting
25 authority, GHG operations related to the GHG
26 operations carried on in the permit area, lease area or
27 licence area or area of the blocks so specified.
28 (1C) A holder of a GHG title outside the adjacent area may
29 apply to the Minister for the grant of a GHG access
30 authority to enable the holder to carry on, in a part of
31 the adjacent area, GHG operations related to the GHG
page 446
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 347
1 operations carried on in the area to which that GHG
2 title relates.
3
4 (5) In section 112(2)(ca) delete "may" and insert:
5
6 may, in the case of an application for the grant of a petroleum
7 access authority,
8
9 (6) In section 112(3)(a) delete "authority or a petroleum title" and
10 insert:
11
12 authority, a petroleum title or a GHG title
13
14 (7) In section 112(3A):
15 (a) delete "an access" and insert:
16
17 a petroleum access
18
19 (b) delete "the access" and insert:
20
21 the petroleum access
22
23 (8) Delete section 112(4) and (5A) and insert:
24
25 (4) Subject to subsection (4C), the Minister must not do
26 either of the following unless the Minister complies
27 with subsection (4B) --
28 (a) grant a petroleum access authority on an
29 application under this section in respect of a
30 block that is the subject of a petroleum
31 exploration permit, petroleum retention lease,
page 447
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 347
1 petroleum production licence or petroleum
2 special prospecting authority of which the
3 registered holder is a person other than the
4 applicant;
5 (b) vary a petroleum access authority as in force in
6 respect of a block that is the subject of a
7 petroleum exploration permit, petroleum
8 retention lease, petroleum production licence or
9 petroleum special prospecting authority of
10 which the registered holder is a person other
11 than the registered holder of the access
12 authority.
13 (4A) Subject to subsection (4C), the Minister must not do
14 either of the following unless the Minister complies
15 with subsection (4B) --
16 (a) grant a GHG access authority on an application
17 under this section in respect of a block that is
18 the subject of a GHG exploration permit, GHG
19 retention lease, GHG injection licence or GHG
20 special prospecting authority of which the
21 registered holder is a person other than the
22 applicant;
23 (b) vary a GHG access authority as in force in
24 respect of a block that is the subject of a GHG
25 exploration permit, GHG retention lease, GHG
26 injection licence or GHG special prospecting
27 authority of which the registered holder is a
28 person other than the registered holder of the
29 access authority.
30 (4B) The Minister must not grant or vary, as the case may
31 be, an access authority as referred to in subsection (4)
32 or (4A) unless the Minister --
33 (a) by instrument in writing served on the person
34 who is the registered holder of the permit,
page 448
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 347
1 lease, licence or special prospecting authority,
2 gives not less than 1 month's notice of the
3 Minister's intention to grant or vary, as the case
4 may be, the access authority; and
5 (b) serves a copy of the instrument --
6 (i) on any other persons that the Minister
7 thinks fit; and
8 (ii) in a case where the Minister intends to
9 vary an access authority, on the
10 registered holder of the access authority;
11 and
12 (c) in the instrument --
13 (i) gives particulars of the access authority
14 proposed to be granted, or of the
15 variation proposed to be made, as the
16 case may be; and
17 (ii) specifies a day on or before which a
18 person on whom the instrument, or a
19 copy of the instrument, is served may,
20 by instrument in writing served on the
21 Minister, submit any matters that the
22 person wishes the Minister to consider;
23 and
24 (d) takes into account any matters so submitted on
25 or before the specified day by a person on
26 whom the first-mentioned instrument, or a copy
27 of that instrument, is served.
28 (4C) Subsection (4) or (4A), as the case requires, does not
29 apply if the holder of the permit, lease, licence or
30 special prospecting authority consents in writing to the
31 grant of the access authority.
32
page 449
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 347
1 (9) In section 112(5AA):
2 (a) delete "An" and insert:
3
4 A petroleum
5
6 (b) in paragraph (a) before "access" (each occurrence)
7 insert:
8
9 petroleum
10
11 (10) In section 112(6):
12 (a) delete "an access" and insert:
13
14 a petroleum access
15
16 (b) delete "Petroleum and Geothermal Energy Resources
17 Act 1967." and insert:
18
19 Petroleum, Geothermal Energy and Greenhouse Gas
20 Storage Act 1967.
21
22 (11) After section 112(6) insert:
23
24 (6A) A GHG access authority does not authorise the holder
25 to make a well.
26
27 (12) Delete section 112(13).
page 450
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 348
1 348. Section 115 amended
2 In section 115(1) after "pipeline" insert:
3
4 or to GHG operations
5
6 349. Section 123 amended
7 In section 123(1) and (3) after "operations" insert:
8
9 or GHG exploration operations
10
11 350. Section 124 amended
12 Delete section 124(d) and insert:
13
14 (d) any of the following operations of another
15 person that are being lawfully carried on --
16 (i) operations relating to the exploration
17 for, recovery of or conveyance of a
18 mineral, whether petroleum or a
19 regulated substance or not;
20 (ii) GHG operations;
21 (iii) operations relating to the construction or
22 operation of a pipeline;
23 or
24
page 451
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 351
1 351. Section 124B amended
2 In section 124B(1):
3 (a) in paragraph (a) before "any structure" insert:
4
5 a well or
6
7 (b) in paragraph (a) delete "an offshore resource operation;
8 or" and insert:
9
10 a petroleum operation or GHG operation; or
11
12 (c) in paragraph (b) delete "offshore resource operation."
13 and insert:
14
15 petroleum operation or GHG operation.
16
17 Note: The heading to amended section 124B is to read:
18 Interfering with petroleum operation or GHG operation
19 352. Section 126 amended
20 After section 126(1)(a)(iv) insert:
21
22 (iva) GHG operations;
23
24 353. Section 134 amended
25 In section 134(1) delete "19, 39," and insert:
26
27 19(1) or (2), 39, 39A,
28
page 452
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 354
1 354. Section 137A amended
2 Delete section 137A(1) and insert:
3
4 (1) In a proceeding for an offence against this Act an
5 averment in the charge of the offence of any of the
6 following is taken to be proved in the absence of
7 evidence to the contrary --
8 (a) that at a particular time a particular operation
9 was a petroleum operation or a GHG operation;
10 (b) that at a particular time a particular person was
11 the operator of a petroleum operation or a GHG
12 operation;
13 (c) that at a particular time a particular person was
14 in control of a particular part of a petroleum
15 operation or a GHG operation;
16 (d) that at a particular time a particular person was
17 an employer who carried on a petroleum
18 operation or a GHG operation;
19 (e) that at a particular time a particular person was
20 an employer of a particular person or particular
21 persons engaged in a petroleum operation or a
22 GHG operation;
23 (f) that at a particular time a particular person was
24 an employee or inspector.
25
26 355. Section 143 amended
27 (1) Delete section 143(1) and insert:
28
29 (1) A petroleum permit, petroleum lease or petroleum
30 licence is subject to a condition that the petroleum
31 permittee, petroleum lessee or petroleum licensee must,
32 subject to this section, pay to the Minister a royalty at
page 453
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 356
1 the prescribed rate in respect of all petroleum or
2 regulated substances recovered by the petroleum
3 permittee, petroleum lessee or petroleum licensee in
4 the petroleum permit area, petroleum lease area or
5 petroleum licence area.
6
7 (2) In section 143(2) delete "permit, lease or" and insert:
8
9 petroleum exploration permit, petroleum retention lease or
10 petroleum production
11
12 (3) In section 143(7) before "licence granted" insert:
13
14 petroleum production
15
16 (4) In section 143(8) delete "permit, lease or" and insert:
17
18 petroleum exploration permit, petroleum retention lease or
19 petroleum production
20
21 356. Section 145 amended
22 (1) In section 145(1)(b) delete "permittee, lessee or" and insert:
23
24 petroleum permittee, petroleum lessee or petroleum
25
26 (2) In section 145(2) delete "permittee, lessee or" (each occurrence)
27 and insert:
28
29 petroleum permittee, petroleum lessee or petroleum
30
page 454
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 357
1 (3) In section 145(3):
2 (a) delete "permittee, lessee or" and insert:
3
4 petroleum permittee, petroleum lessee or petroleum
5
6 (b) delete "Petroleum and Geothermal Energy Resources
7 Act 1967" and insert:
8
9 Petroleum, Geothermal Energy and Greenhouse Gas
10 Storage Act 1967
11
12 357. Section 146 amended
13 In section 146 delete "permittee, lessee or" and insert:
14
15 petroleum permittee, petroleum lessee or petroleum
16
17 358. Section 147 amended
18 In section 147 delete "permittee, lessee or" and insert:
19
20 petroleum permittee, petroleum lessee or petroleum
21
22 359. Section 148 amended
23 (1) Delete section 148(1) and insert:
24
25 (1) In this section --
26 petroleum title holder means a petroleum permittee,
27 petroleum lessee or petroleum licensee.
28
page 455
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 360
1 (2) In section 148(2) before "title" (each occurrence) insert:
2
3 petroleum
4
5 (3) In section 148(3) after "Petroleum" insert:
6
7 and Greenhouse Gas
8
9 (4) In section 148(5)(b) before "title" insert:
10
11 petroleum
12
13 360. Section 150 amended
14 Delete section 150(1) and insert:
15
16 (1) If an amount of royalty under this Act is not paid under
17 this Division at or before the time it is payable, an
18 additional amount is payable to the Minister by the
19 petroleum permittee, petroleum lessee or petroleum
20 licensee calculated at the rate of one-third of 1% per
21 day on the amount of royalty from time to time
22 remaining unpaid, to be computed from the time when
23 the royalty became payable until it is paid.
24 (1A) If a fee under this Act is not paid under this Division at
25 or before the time it is payable, an additional amount is
26 payable to the Minister by the permittee, lessee,
27 licensee, infrastructure licensee or pipeline licensee
28 calculated at the rate of one-third of 1% per day on the
29 amount of the fee from time to time remaining unpaid,
page 456
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 361
1 to be computed from the time when the fee became
2 payable until it is paid.
3
4 361. Section 151 amended
5 (1) In section 151:
6 (a) delete "A fee, royalty" and insert:
7
8 (1) A fee
9
10 (b) after "amount" insert:
11
12 (other than a royalty)
13
14 (2) At the end of section 151 insert:
15
16 (2) A royalty payable under this Division is a debt due by
17 the petroleum permittee, petroleum lessee or petroleum
18 licensee to the State and is recoverable in a court of
19 competent jurisdiction.
20
21 362. Section 152A amended
22 (1) In section 152A delete the definition of petroleum mining
23 sample.
24 (2) In section 152A insert in alphabetical order:
25
26 mining sample means any of the following that has
27 been given at any time, whether before or after the
28 commencement, to the Minister --
29 (a) a core or cutting from, or a sample of, the
30 seabed or subsoil;
page 457
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 363
1 (b) a sample of petroleum or a regulated substance
2 recovered;
3 (c) a sample of fluid recovered (other than fluid
4 petroleum or a regulated substance);
5 (d) a portion of that core, cutting or sample;
6
7 (3) In section 152A in the definition of Minister of another
8 jurisdiction delete "Territory;" and insert:
9
10 Territory.
11
12 363. Section 152C amended
13 In section 152C(1) delete "petroleum".
14 364. Section 152D amended
15 In section 152D delete "petroleum".
16 365. Section 152F amended
17 In section 152F(1) delete "petroleum".
18 366. Section 152G amended
19 In section 152G delete "petroleum".
20 367. Section 152I amended
21 Delete section 152I(a) to (d) and insert:
22
23 (a) a petroleum exploration permit granted under
24 section 22(4) or 27;
25 (b) a GHG exploration permit granted under
26 section 22(4);
page 458
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 368
1 (c) a petroleum retention lease or GHG retention
2 lease granted under section 38B(5) or 38CB(6);
3 (d) a petroleum production licence granted under
4 section 44(2), 50 or 51(4);
5 (e) a GHG injection licence granted under
6 section 44(2);
7 (f) an infrastructure licence granted under
8 section 60E(3);
9 (g) a pipeline licence granted under section 65(2).
10
11 368. Section 152 amended
12 (1) In section 152(2):
13 (a) after paragraph (b) insert:
14
15 (ba) GHG operations;
16
17 (b) in paragraph (f) after "substance," (1st occurrence)
18 insert:
19
20 greenhouse gas substances,
21
22 (c) in paragraph (f) delete "petroleum or a regulated
23 substance" and insert:
24
25 petroleum, a regulated substance or greenhouse gas
26 substances
27
page 459
Petroleum Legislation Amendment Bill 2023
Part 4 Petroleum (Submerged Lands) Act 1982 amended
Division 3 Amendments relating to greenhouse gas storage and transport
s. 368
1 (d) in paragraph (g) delete "petroleum or a regulated
2 substance;" and insert:
3
4 petroleum, a regulated substance or greenhouse gas
5 substances;
6
7 (e) in paragraph (h) delete "substance" and insert:
8
9 substance, potential GHG storage formations or
10 potential GHG injection sites
11
12 (f) after paragraph (l) insert:
13
14 (laa) the maintaining in good condition and repair of
15 all structures, equipment and other property
16 used or intended to be used for or in connection
17 with GHG operations in the adjacent area;
18
19 (g) after paragraph (m) insert:
20
21 (ma) the removal from the adjacent area of
22 structures, equipment and other property
23 brought into that area for or in connection with
24 GHG operations that are not used or intended to
25 be used in connection with GHG operations in
26 the adjacent area;
27
28 (h) in paragraph (n) delete "offshore resource operations,"
29 and insert:
30
31 petroleum operations, GHG operations,
32
page 460
Petroleum Legislation Amendment Bill 2023
Petroleum (Submerged Lands) Act 1982 amended Part 4
Amendments relating to greenhouse gas storage and transport Division 3
s. 369
1 (2) In section 152(2c) delete "Petroleum and Geothermal Energy
2 Resources Act 1967 or the Petroleum Pipelines Act 1969," and
3 insert:
4
5 Petroleum, Geothermal Energy and Greenhouse Gas Storage
6 Act 1967 or the Petroleum and Greenhouse Gas Pipelines
7 Act 1969,
8
9 369. Schedule 3 Division 2 inserted
10 At the end of Schedule 3 insert:
11
12 Division 2 -- Provisions for Petroleum Legislation
13 Amendment Act 2023
14 6. Duty to pay royalties
15 (1) In this clause --
16 amendment day means the day on which the Petroleum
17 Legislation Amendment Act 2023 section 355(1) comes into
18 operation;
19 (2) The amendment made by the Petroleum Legislation
20 Amendment Act 2023 section 355(1) does not apply in
21 relation to a permittee, lessee or licensee to whom
22 section 143(1) applies immediately before amendment day.
23 (3) Accordingly, on and after amendment day, section 143(1),
24 as in force immediately before amendment day, continues to
25 apply to the permittee, lessee or licensee as if that
26 amendment had not been made.
27
28 Note: The heading to section 48 is to read:
29 Application fee for s. 47
page 461
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 1 Barrow Island Act 2003 amended
s. 370
1 Part 5 -- Other Acts amended
2 Division 1 -- Barrow Island Act 2003 amended
3 370. Act amended
4 This Division amends the Barrow Island Act 2003.
5 371. Section 7 amended
6 In section 7(5)(b) delete "petroleum or geothermal energy" and
7 insert:
8
9 petroleum, geothermal energy or greenhouse gas
10
11 372. Section 11 amended
12 (1) In section 11(1) delete "Petroleum Pipelines Act 1969" and
13 insert:
14
15 Petroleum and Greenhouse Gas Pipelines Act 1969
16
17 (2) In section 11(2) delete "Petroleum Pipelines Act 1969," and
18 insert:
19
20 Petroleum and Greenhouse Gas Pipelines Act 1969,
21
22 Note: The heading to amended section 11 is to read:
23 Petroleum and Greenhouse Gas Pipelines Act 1969 applies to
24 pipelines on Barrow Island for conveyance of carbon dioxide
page 462
Petroleum Legislation Amendment Bill 2023
Other Acts amended Part 5
Building Act 2011 amended Division 2
s. 373
1 373. Section 14 amended
2 In section 14(1) delete "Petroleum Pipelines Act 1969" and
3 insert:
4
5 Petroleum and Greenhouse Gas Pipelines Act 1969
6
7 Notes:
8 1. The note at the end of the definition of Barrow Island lease in
9 section 3 is to read:
10 Note for this definition:
11 Though repealed by the Petroleum, Geothermal Energy and
12 Greenhouse Gas Storage Act 1967, the Petroleum
13 Act 1936 continues to apply to the Barrow Island lease and
14 renewals of it (see the Petroleum, Geothermal Energy and
15 Greenhouse Gas Storage Act 1967 section 134).
16 2. The note at the end of section 6(4) is to read:
17 Note for this subsection:
18 Though repealed by the Petroleum, Geothermal Energy and
19 Greenhouse Gas Storage Act 1967, the Petroleum
20 Act 1936 continues to apply to the Barrow Island lease and
21 renewals of it (see the Petroleum, Geothermal Energy and
22 Greenhouse Gas Storage Act 1967 section 134).
23 Division 2 -- Building Act 2011 amended
24 374. Act amended
25 This Division amends the Building Act 2011.
26 375. Section 73 amended
27 (1) In section 73(1)(a) after "petroleum resources," insert:
28
29 regulated substances,
30
page 463
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 3 Conservation and Land Management Act 1984 amended
s. 376
1 (2) In section 73(1):
2 (a) delete paragraph (a) and insert:
3
4 (a) in connection with the exploration for, or
5 exploitation of, petroleum resources, regulated
6 substances, geothermal energy resources and
7 other resources to which the Petroleum,
8 Geothermal Energy and Greenhouse Gas
9 Storage Act 1967 or Petroleum and
10 Greenhouse Gas Storage (Submerged Lands)
11 Act 1982 applies; or
12 (aa) in connection with the carrying on of a GHG
13 operation as defined in --
14 (i) the Petroleum, Geothermal Energy and
15 Greenhouse Gas Storage Act 1967
16 section 5(1); or
17 (ii) the Petroleum and Greenhouse Gas
18 Storage (Submerged Lands) Act 1982
19 section 4(1);
20 or
21
22 (b) in paragraph (b) delete "Petroleum Pipelines Act 1969"
23 and insert:
24
25 Petroleum and Greenhouse Gas Pipelines Act 1969
26
27 Division 3 -- Conservation and Land Management Act 1984
28 amended
29 376. Act amended
30 This Division amends the Conservation and Land Management
31 Act 1984.
page 464
Petroleum Legislation Amendment Bill 2023
Other Acts amended Part 5
Conservation and Land Management Act 1984 amended Division 3
s. 377
1 377. Section 3 amended
2 In section 3 in the definition of Minister for Mines delete
3 "Petroleum and Geothermal Energy Resources Act 1967, the
4 Petroleum (Submerged Lands) Act 1982 and the Petroleum
5 Pipelines Act 1969" and insert:
6
7 Petroleum, Geothermal Energy and Greenhouse Gas Storage
8 Act 1967, the Petroleum and Greenhouse Gas Storage
9 (Submerged Lands) Act 1982 and the Petroleum and
10 Greenhouse Gas Pipelines Act 1969
11
12 378. Section 4 amended
13 (1) In section 4(1) delete "minerals or petroleum," and insert:
14
15 minerals, petroleum or regulated substances,
16
17 (2) In section 4(1):
18 (a) delete "Petroleum and Geothermal Energy Resources
19 Act 1967, the Petroleum (Submerged Lands) Act 1982,"
20 and insert:
21
22 Petroleum, Geothermal Energy and Greenhouse Gas
23 Storage Act 1967, the Petroleum and Greenhouse Gas
24 Storage (Submerged Lands) Act 1982,
25
26 (b) delete "petroleum or regulated substances," and insert:
27
28 petroleum, regulated substances or greenhouse gas
29 substances,
30
page 465
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 3 Conservation and Land Management Act 1984 amended
s. 379
1 379. Section 13A amended
2 (1) In section 13A(3):
3 (a) after "petroleum," insert:
4
5 a regulated substance,
6
7 (b) after "or petroleum" insert:
8
9 or a regulated substance
10
11 (2) Delete section 13A(3) and insert:
12
13 (3) Despite section 4(1) but subject to section 13E, the
14 following activities must not be carried out in a marine
15 nature reserve --
16 (a) exploratory drilling for, or production of,
17 petroleum, a regulated substance, geothermal
18 energy resources or geothermal energy under
19 the Petroleum, Geothermal Energy and
20 Greenhouse Gas Storage Act 1967;
21 (b) exploratory drilling for potential GHG storage
22 formations or potential GHG injection sites, or
23 injection and storage of greenhouse gas
24 substances, under the Petroleum, Geothermal
25 Energy and Greenhouse Gas Storage Act 1967;
26 (c) exploratory drilling for, or production of,
27 petroleum or a regulated substance under the
28 Petroleum and Greenhouse Gas Storage
29 (Submerged Lands) Act 1982;
30 (d) exploratory drilling for potential GHG storage
31 formations or potential GHG injection sites, or
32 injection and storage of greenhouse gas
33 substances, under the Petroleum and
page 466
Petroleum Legislation Amendment Bill 2023
Other Acts amended Part 5
Conservation and Land Management Act 1984 amended Division 3
s. 380
1 Greenhouse Gas Storage (Submerged Lands)
2 Act 1982.
3
4 Note: The heading to amended section 13A is to read:
5 Purpose of and prohibited acts in marine nature reserves
6 380. Section 13B amended
7 (1) In section 13B(3B)(g):
8 (a) after "petroleum," insert:
9
10 a regulated substance,
11
12 (b) after "or petroleum" insert:
13
14 or a regulated substance
15
16 (2) Delete section 13B(3B)(g) and insert:
17
18 (g) exploratory drilling for, or production of,
19 petroleum, a regulated substance, geothermal
20 energy resources or geothermal energy under
21 the Petroleum, Geothermal Energy and
22 Greenhouse Gas Storage Act 1967;
23 (h) exploratory drilling for potential GHG storage
24 formations or potential GHG injection sites, or
25 injection and storage of greenhouse gas
26 substances, under the Petroleum, Geothermal
27 Energy and Greenhouse Gas Storage Act 1967;
28 (i) exploratory drilling for, or production of,
29 petroleum or a regulated substance under the
30 Petroleum and Greenhouse Gas Storage
31 (Submerged Lands) Act 1982;
page 467
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 3 Conservation and Land Management Act 1984 amended
s. 380
1 (j) exploratory drilling for potential GHG storage
2 formations or potential GHG injection sites, or
3 injection and storage of greenhouse gas
4 substances, under the Petroleum and
5 Greenhouse Gas Storage (Submerged Lands)
6 Act 1982.
7
8 (3) In section 13B(9):
9 (a) after "petroleum," insert:
10
11 a regulated substance,
12
13 (b) after "or petroleum" insert:
14
15 or a regulated substance
16
17 (4) Delete section 13B(9) and insert:
18
19 (9) Despite section 4(1) but subject to section 13E, the
20 activities referred to in subsection (3B)(g) to (j) must
21 not be carried out in --
22 (a) a sanctuary area; or
23 (b) a recreation area; or
24 (c) a special purpose area that, or that part of a
25 special purpose area that, the Minister has
26 declared in the classification notice to be an
27 area where those activities would be
28 incompatible with a conservation purpose
29 specified in the classification notice.
30 (10) Despite subsection (9), the activities referred to in
31 subsection (3B)(g) to (j) may be carried out, in
32 accordance with the Petroleum, Geothermal Energy
page 468
Petroleum Legislation Amendment Bill 2023
Other Acts amended Part 5
Conservation and Land Management Act 1984 amended Division 3
s. 381
1 and Greenhouse Gas Storage Act 1967 or the
2 Petroleum and Greenhouse Gas Storage (Submerged
3 Lands) Act 1982, as the case requires, in any other area
4 of the marine park.
5
6 Note: The heading to amended section 13B is to read:
7 Purpose of and prohibited acts in marine parks
8 381. Section 13C amended
9 (1) Delete section 13C(1aa) and insert:
10
11 (1A) In this section --
12 geothermal energy, geothermal energy resources and
13 regulated substance have the meanings given in the
14 Petroleum and Geothermal Energy Resources Act 1967
15 section 5(1).
16
17 (2) Delete section 13C(1A) and insert:
18
19 (1A) In this section --
20 geothermal energy, geothermal energy resources and
21 regulated substance have the meanings given in the
22 Petroleum, Geothermal Energy and Greenhouse Gas
23 Storage Act 1967 section 5(1).
24
25 (3) In section 13C(2) in the definition of commercial purposes
26 paragraphs (c) and (d) delete "petroleum" and insert:
27
28 petroleum, a regulated substance
29
page 469
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 3 Conservation and Land Management Act 1984 amended
s. 381
1 (4) In section 13C(2) in the definition of commercial purposes:
2 (a) delete paragraph (c) and insert:
3
4 (c) seismic surveys and exploratory drilling for --
5 (i) petroleum, a regulated substance,
6 geothermal energy resources or
7 potential GHG injection sites as those
8 terms are defined in the Petroleum,
9 Geothermal Energy and Greenhouse
10 Gas Storage Act 1967 section 5(1); or
11 (ii) potential GHG storage formations as
12 defined in the Petroleum, Geothermal
13 Energy and Greenhouse Gas Storage
14 Act 1967 section 6B(1);
15 and
16 (ca) seismic surveys and exploratory drilling for --
17 (i) potential GHG injection sites as defined
18 in the Petroleum and Greenhouse Gas
19 Storage (Submerged Lands) Act 1982
20 section 4(1); or
21 (ii) potential GHG storage formations as
22 defined in the Petroleum and
23 Greenhouse Gas Storage (Submerged
24 Lands) Act 1982 section 4A(1);
25 and
26
27 (b) in paragraph (d) delete "energy," and insert:
28
29 energy; and
30
page 470
Petroleum Legislation Amendment Bill 2023
Other Acts amended Part 5
Conservation and Land Management Act 1984 amended Division 3
s. 381
1 (c) after paragraph (d) insert:
2
3 (e) injection and storage of greenhouse gas
4 substances under the Petroleum, Geothermal
5 Energy and Greenhouse Gas Storage Act 1967
6 section 5(1) or the Petroleum and Greenhouse
7 Gas Storage (Submerged Lands) Act 1982
8 section 4(1),
9
10 (5) In section 13C(7)(a) after "petroleum" (each occurrence) insert:
11
12 or a regulated substance
13
14 (6) In section 13C(7):
15 (a) in paragraph (a) delete "Petroleum and Geothermal
16 Energy Resources Act 1967 or the Petroleum
17 (Submerged Lands) Act 1982; and" and insert:
18
19 Petroleum, Geothermal Energy and Greenhouse Gas
20 Storage Act 1967 or the Petroleum and Greenhouse Gas
21 Storage (Submerged Lands) Act 1982; and
22
23 (b) in paragraph (ab) delete "Petroleum and Geothermal
24 Energy Resources Act 1967; and" and insert:
25
26 Petroleum, Geothermal Energy and Greenhouse Gas
27 Storage Act 1967; and
28
29 (c) after paragraph (ab) insert:
30
31 (ac) exploratory drilling for potential GHG storage
32 formations and potential GHG injection sites,
33 and injection and storage of greenhouse gas
page 471
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 3 Conservation and Land Management Act 1984 amended
s. 382
1 substances, under the Petroleum, Geothermal
2 Energy and Greenhouse Gas Storage Act 1967;
3 and
4 (ad) exploratory drilling for potential GHG storage
5 formations and potential GHG injection sites,
6 and injection and storage of greenhouse gas
7 substances, under the Petroleum and
8 Greenhouse Gas Storage (Submerged Lands)
9 Act 1982; and
10
11 Note: The heading to amended section 13C is to read:
12 Purpose of and permitted acts in marine management areas
13 382. Section 13E amended
14 (1) In section 13E(1) delete the definitions of:
15 petroleum law
16 pipeline licence
17 (2) In section 13E(1) insert in alphabetical order:
18
19 petroleum law means --
20 (a) the Petroleum, Geothermal Energy and
21 Greenhouse Gas Storage Act 1967; or
22 (b) the Petroleum and Greenhouse Gas Storage
23 (Submerged Lands) Act 1982; or
24 (c) the Petroleum and Greenhouse Gas Pipelines
25 Act 1969;
26 pipeline licence means --
27 (a) a pipeline licence as defined in the Petroleum
28 and Greenhouse Gas Storage (Submerged
29 Lands) Act 1982 section 4(1); or
page 472
Petroleum Legislation Amendment Bill 2023
Other Acts amended Part 5
Conservation and Land Management Act 1984 amended Division 3
s. 383
1 (b) a licence as defined in the Petroleum and
2 Greenhouse Gas Pipelines Act 1969
3 section 4(1);
4
5 (3) In section 13E(1) in the definition of drilling reservation delete
6 "Petroleum and Geothermal Energy Resources Act 1967;" and
7 insert:
8
9 Petroleum, Geothermal Energy and Greenhouse Gas Storage
10 Act 1967;
11
12 Note: The heading to amended section 13E is to read:
13 Effect of s. 13A and 13B on certain licences relating to petroleum
14 383. Section 60 amended
15 (1) In section 60(2) delete "(2b)," and insert:
16
17 (2B),
18
19 (2) Delete section 60(2b) and insert:
20
21 (2B) If the Minister for Mines has made submissions to the
22 Commission on a proposed management plan for a
23 marine park or a marine management area, the Minister
24 must not approve the proposed plan unless the
25 Minister --
26 (a) is satisfied that the proposed plan gives effect
27 to those submissions to the extent that the
28 submissions relate to matters referred to in
29 subsection (2C); or
30 (b) having referred the proposed plan to the
31 Governor, is satisfied that it gives effect to the
32 decision of the Governor to the extent that the
page 473
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 3 Conservation and Land Management Act 1984 amended
s. 383
1 decision relates to matters referred to in
2 subsection (2C).
3 (2C) For the purposes of subsection (2B)(a) and (b), the
4 matters are as follows --
5 (a) the administration of the Mining Act 1978, the
6 Offshore Minerals Act 2003, the Petroleum and
7 Geothermal Energy Resources Act 1967, the
8 Petroleum (Submerged Lands) Act 1982 or the
9 Petroleum Pipelines Act 1969;
10 (b) any of the following activities under an Act
11 referred to in paragraph (a) --
12 (i) mining;
13 (ii) petroleum related exploration or
14 production activities;
15 (iii) exploration or production activities
16 related to regulated substances;
17 (iv) geothermal energy related exploration
18 or production activities.
19
20 (3) Delete section 60(2C) and insert:
21
22 (2C) For the purposes of subsection (2B)(a) and (b), the
23 matters are as follows --
24 (a) the administration of the Mining Act 1978, the
25 Offshore Minerals Act 2003, the Petroleum,
26 Geothermal Energy and Greenhouse Gas
27 Storage Act 1967, the Petroleum and
28 Greenhouse Gas Storage (Submerged Lands)
29 Act 1982 or the Petroleum and Greenhouse Gas
30 Pipelines Act 1969;
page 474
Petroleum Legislation Amendment Bill 2023
Other Acts amended Part 5
Dampier to Bunbury Pipeline Act 1997 amended Division 4
s. 384
1 (b) any of the following activities under an Act
2 referred to in paragraph (a) --
3 (i) mining;
4 (ii) petroleum related exploration or
5 production activities;
6 (iii) exploration or production activities
7 related to regulated substances;
8 (iv) geothermal energy related exploration
9 or production activities;
10 (v) greenhouse gas related exploration,
11 injection or storage activities.
12
13 Division 4 -- Dampier to Bunbury Pipeline Act 1997 amended
14 384. Act amended
15 This Division amends the Dampier to Bunbury Pipeline
16 Act 1997.
17 385. Section 34 amended
18 (1) In section 34(1)(a)(i) delete "gas; or" and insert:
19
20 gas or any prescribed pipeline for transporting a greenhouse gas
21 substance; or
22
23 (2) In section 34(2) insert in alphabetical order:
24
25 gas means a gas or mixture of gases, whether naturally
26 occurring or manufactured, intended for use --
27 (a) as a fuel; or
28 (b) in any chemical process;
page 475
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 5 Dangerous Goods Safety Act 2004 amended
s. 386
1 greenhouse gas substance has the meaning given in
2 the Petroleum, Geothermal Energy and Greenhouse
3 Gas Storage Act 1967 section 6E(1);
4
5 386. Schedule 4 Division 8 heading amended
6 In the heading to Schedule 4 Division 8 delete "Petroleum
7 Pipelines Act 1969" and insert:
8
9 Petroleum and Greenhouse Gas Pipelines Act 1969
10
11 387. Schedule 4 clause 37 amended
12 In Schedule 4 clause 37 delete "Petroleum Pipelines Act 1969"
13 and insert:
14
15 Petroleum and Greenhouse Gas Pipelines Act 1969
16
17 Division 5 -- Dangerous Goods Safety Act 2004 amended
18 388. Act amended
19 This Division amends the Dangerous Goods Safety Act 2004.
20 389. Section 6 amended
21 In section 6(1) delete "Pipelines Act 1969 or Petroleum" and
22 insert:
23
24 and Greenhouse Gas Pipelines Act 1969 or Petroleum and
25 Greenhouse Gas Storage
26
page 476
Petroleum Legislation Amendment Bill 2023
Other Acts amended Part 5
Land Administration Act 1997 amended Division 6
s. 390
1 Division 6 -- Land Administration Act 1997 amended
2 390. Act amended
3 This Division amends the Land Administration Act 1997.
4 391. Section 3 amended
5 (1) In section 3(1) delete the definition of mining, petroleum or
6 geothermal energy right.
7 (2) In section 3(1) insert in alphabetical order:
8
9 mining, petroleum, geothermal energy or greenhouse
10 gas right means --
11 (a) a mining tenement as defined in the Mining
12 Act 1978 section 8(1); or
13 (b) a drilling reservation, lease, licence, permit,
14 pipeline licence, special prospecting authority,
15 access authority or other right under the
16 Petroleum, Geothermal Energy and
17 Greenhouse Gas Storage Act 1967, the
18 Petroleum and Greenhouse Gas Pipelines
19 Act 1969 or the Petroleum and Greenhouse Gas
20 Storage (Submerged Lands) Act 1982;
21
22 (3) In section 3(1) in the definition of interest paragraph (d) delete
23 "petroleum or geothermal energy" and insert:
24
25 petroleum, geothermal energy or greenhouse gas
26
page 477
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 6 Land Administration Act 1997 amended
s. 392
1 392. Section 5 amended
2 (1) In section 5(1)(a) after "petroleum," insert:
3
4 a regulated substance,
5
6 (2) Delete section 5(2) and insert:
7
8 (2) In subsection (1) --
9 geothermal energy, geothermal energy resources and
10 regulated substance have the meanings given in the
11 Petroleum and Geothermal Energy Resources
12 Act 1967.
13
14 393. Section 5 replaced
15 Delete section 5 and insert:
16
17 5. Act not to apply to registration of certain rights
18 (1) In this section --
19 geothermal energy has the meaning given in the
20 Petroleum, Geothermal Energy and Greenhouse Gas
21 Storage Act 1967 section 5(1);
22 geothermal energy resources has the meaning given in
23 the Petroleum, Geothermal Energy and Greenhouse
24 Gas Storage Act 1967 section 5(1);
25 greenhouse gas substance has the meaning given in
26 the Petroleum, Geothermal Energy and Greenhouse
27 Gas Storage Act 1967 section 6E(1);
28 regulated substance has the meaning given in the
29 Petroleum, Geothermal Energy and Greenhouse Gas
30 Storage Act 1967 section 5(1).
page 478
Petroleum Legislation Amendment Bill 2023
Other Acts amended Part 5
Land Administration Act 1997 amended Division 6
s. 394
1 (2) This Act does not --
2 (a) apply to the registration of rights over Crown
3 land in respect of minerals, petroleum, a
4 regulated substance, geothermal energy,
5 geothermal energy resources or the injection
6 and storage of greenhouse gas substances; or
7 (b) prevent or otherwise affect the system of
8 registration under other Acts of mining,
9 petroleum, a regulated substance, geothermal
10 energy or greenhouse gas rights in respect of
11 Crown land.
12
13 394. Section 24 amended
14 In section 24 after "petroleum" insert:
15
16 and regulated substances
17
18 395. Section 24 replaced
19 Delete section 24 and insert:
20
21 24. Minerals, petroleum and other substances and
22 things reserved to Crown
23 The following in Crown land are reserved to the Crown
24 and remain so reserved after the Crown land is
25 transferred in fee simple under this Act --
26 (a) minerals as defined in the Mining Act 1978
27 section 8(1);
28 (b) petroleum or a regulated substance under the
29 Petroleum, Geothermal Energy and
30 Greenhouse Gas Storage Act 1967 or the
page 479
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 6 Land Administration Act 1997 amended
s. 396
1 Petroleum and Greenhouse Gas Storage
2 (Submerged Lands) Act 1982;
3 (c) geothermal energy resources and geothermal
4 energy under the Petroleum, Geothermal
5 Energy and Greenhouse Gas Storage Act 1967;
6 (d) potential GHG storage formations and potential
7 GHG injection sites under the Petroleum,
8 Geothermal Energy and Greenhouse Gas
9 Storage Act 1967 or the Petroleum and
10 Greenhouse Gas Storage (Submerged Lands)
11 Act 1982.
12
13 396. Section 91 amended
14 In section 91(5):
15 (a) in paragraph (b) delete "petroleum or geothermal
16 energy" and insert:
17
18 petroleum, geothermal energy or greenhouse gas
19
20 (b) delete "petroleum or geothermal energy" and insert:
21
22 petroleum, geothermal energy or greenhouse gas
23
24 (c) delete "petroleum or geothermal energy" (last
25 occurrence) and insert:
26
27 petroleum, geothermal energy or greenhouse gas
28
29 Note: The heading to amended section 91 is to read:
30 Grant of licences and profits à prendre over Crown land
page 480
Petroleum Legislation Amendment Bill 2023
Other Acts amended Part 5
Land Administration Act 1997 amended Division 6
s. 397
1 397. Section 164 amended
2 (1) In section 164(1)(b) after "petroleum" insert:
3
4 or regulated substance
5
6 (2) Delete section 164(1) and insert:
7
8 (1) If a taking order provides that land is to be taken, or
9 that an interest in fee simple in land is to be taken, the
10 interest taken includes the following unless the order
11 provides otherwise --
12 (a) all rights to any minerals under the land;
13 (b) the petroleum or regulated substance rights
14 referred to in the Petroleum, Geothermal
15 Energy and Greenhouse Gas Storage Act 1967,
16 the Petroleum and Greenhouse Gas Pipelines
17 Act 1969 and the Petroleum and Greenhouse
18 Gas Storage (Submerged Lands) Act 1982;
19 (c) the rights relating to geothermal energy
20 resources and geothermal energy referred to in
21 the Petroleum, Geothermal Energy and
22 Greenhouse Gas Storage Act 1967;
23 (d) the rights relating to greenhouse gas substances
24 referred to in the Petroleum, Geothermal
25 Energy and Greenhouse Gas Storage Act 1967
26 and the Petroleum and Greenhouse Gas
27 Storage (Submerged Lands) Act 1982.
28
29 Note: The heading to amended section 164 is to read:
30 Mineral, petroleum and other rights may be excluded when
31 interest in land taken
page 481
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 6 Land Administration Act 1997 amended
s. 398
1 398. Section 170 amended
2 In section 170(5)(b) delete "petroleum or geothermal energy"
3 and insert:
4
5 petroleum, geothermal energy or greenhouse gas
6
7 Note: The heading to amended section 170 is to read:
8 Issue of notice of intention to take required interest
9 399. Section 175 amended
10 In section 175(1)(a)(iii) delete "petroleum or geothermal
11 energy" and insert:
12
13 petroleum, geothermal energy or greenhouse gas
14
15 400. Section 177 amended
16 In section 177(5)(c) delete "petroleum or geothermal energy"
17 and insert:
18
19 petroleum, geothermal energy or greenhouse gas
20
21 Note: The heading to amended section 177 is to read:
22 Minister's powers to make taking order
23 401. Section 266 amended
24 In section 266(a) delete "minerals or petroleum; and" and insert:
25
26 minerals, petroleum or a regulated substance; and
27
page 482
Petroleum Legislation Amendment Bill 2023
Other Acts amended Part 5
Mining Act 1978 amended Division 7
s. 402
1 Division 7 -- Mining Act 1978 amended
2 402. Act amended
3 This Division amends the Mining Act 1978.
4 403. Section 8 amended
5 (1) In section 8(1) in the definition of minerals:
6 (a) in paragraph (b) delete "Petroleum and Geothermal
7 Energy Resources Act 1967 or the Petroleum
8 (Submerged Lands) Act 1982; or" and insert:
9
10 Petroleum, Geothermal Energy and Greenhouse Gas
11 Storage Act 1967 or the Petroleum and Greenhouse Gas
12 Storage (Submerged Lands) Act 1982; or
13
14 (b) in paragraph (ba) delete "Petroleum and Geothermal
15 Energy Resources Act 1967" and insert:
16
17 Petroleum, Geothermal Energy and Greenhouse Gas
18 Storage Act 1967
19
20 (2) In section 8(2) delete "Petroleum and Geothermal Energy
21 Resources Act 1967" and insert:
22
23 Petroleum, Geothermal Energy and Greenhouse Gas Storage
24 Act 1967
25
26 404. Section 8A deleted
27 Delete section 8A.
page 483
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 8 Petroleum and Geothermal Energy Resources (Registration
Fees) Act 1967 amended
s. 405
1 405. Section 159 amended
2 In section 159(1) delete "Petroleum and Geothermal Energy
3 Resources Act 1967" and insert:
4
5 Petroleum, Geothermal Energy and Greenhouse Gas Storage
6 Act 1967
7
8 Division 8 -- Petroleum and Geothermal Energy Resources
9 (Registration Fees) Act 1967 amended
10 406. Act amended
11 This Division amends the Petroleum and Geothermal Energy
12 Resources (Registration Fees) Act 1967.
13 407. Long title amended
14 In the long title delete "Petroleum and Geothermal Energy
15 Resources Act 1967." and insert:
16
17 Petroleum, Geothermal Energy and Greenhouse Gas Storage
18 Act 1967.
19
20 408. Section 1 amended
21 In section 1 delete "Petroleum and Geothermal Energy
22 Resources" and insert:
23
24 Petroleum, Geothermal Energy and Greenhouse Gas Storage
25
page 484
Petroleum Legislation Amendment Bill 2023
Other Acts amended Part 5
Petroleum and Geothermal Energy Resources (Registration Division 8
Fees) Act 1967 amended
s. 409
1 409. Section 3 amended
2 In section 3 delete "Petroleum and Geothermal Energy
3 Resources Act 1967" and insert:
4
5 Petroleum, Geothermal Energy and Greenhouse Gas Storage
6 Act 1967
7
8 Note: The heading to amended section 3 is to read:
9 Act read with Petroleum, Geothermal Energy and Greenhouse
10 Gas Storage Act 1967
11 410. Section 4 amended
12 (1) In section 4(2) and (4)(a) delete "Petroleum and Geothermal
13 Energy Resources Act 1967" and insert:
14
15 Petroleum, Geothermal Energy and Greenhouse Gas Storage
16 Act 1967
17
18 (2) In section 4(5):
19 (a) delete "Petroleum and Geothermal Energy Resources
20 Act 1967" (1st occurrence) and insert:
21
22 Petroleum, Geothermal Energy and Greenhouse Gas
23 Storage Act 1967
24
25 (b) in paragraph (b)(ii) delete "Petroleum and Geothermal
26 Energy Resources Act 1967; and" and insert:
27
28 Petroleum, Geothermal Energy and Greenhouse Gas
29 Storage Act 1967; and
30
page 485
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 9 Petroleum and Geothermal Energy Safety Levies Act 2011
amended
s. 411
1 (3) In section 4(6)(b) and (7)(a) delete "Petroleum and Geothermal
2 Energy Resources Act 1967" and insert:
3
4 Petroleum, Geothermal Energy and Greenhouse Gas Storage
5 Act 1967
6
7 Division 9 -- Petroleum and Geothermal Energy Safety Levies
8 Act 2011 amended
9 411. Act amended
10 This Division amends the Petroleum and Geothermal Energy
11 Safety Levies Act 2011.
12 412. Section 21 amended
13 (1) In section 21(1) delete "Petroleum and Geothermal Energy" and
14 insert:
15
16 Petroleum, Geothermal Energy and Greenhouse Gas Storage
17
18 (2) In section 21(3)(b) delete "operations and geothermal energy"
19 and insert:
20
21 operations, geothermal energy operations and GHG
22
23 (3) After section 21(3) insert:
24
25 (4) The amounts to be credited under subsection (2)
26 include any moneys held in the Petroleum and
27 Geothermal Energy Safety Levies Account
28 immediately before the day on which the Petroleum
page 486
Petroleum Legislation Amendment Bill 2023
Other Acts amended Part 5
Petroleum (Submerged Lands) Registration Fees Act 1982 Division 10
amended
s. 413
1 Legislation Amendment Act 2023 section 412 comes
2 into operation.
3
4 Note: The heading to amended section 21 is to read:
5 Petroleum, Geothermal Energy and Greenhouse Gas Storage
6 Safety Levies Account
7 Division 10 -- Petroleum (Submerged Lands) Registration Fees
8 Act 1982 amended
9 413. Act amended
10 This Division amends the Petroleum (Submerged Lands)
11 Registration Fees Act 1982.
12 414. Long title amended
13 In the long title after "Petroleum" insert:
14
15 and Greenhouse Gas Storage
16
17 415. Section 1 amended
18 In section 1 after "Petroleum" insert:
19
20 and Greenhouse Gas Storage
21
22 416. Section 3 amended
23 In section 3 after "Petroleum" insert:
24
25 and Greenhouse Gas Storage
26
27 Note: The heading to amended section 3 is to read:
28 Act read with Petroleum and Greenhouse Gas Storage
29 (Submerged Lands) Act 1982
page 487
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 11 Transfer of Land Act 1893 amended
s. 417
1 417. Section 4 amended
2 In section 4(2), (4)(a), (5), (6)(b) and (7)(a) after "Petroleum"
3 (each occurrence) insert:
4
5 and Greenhouse Gas Storage
6
7 Note: The heading to amended section 4 is to read:
8 Imposition of registration fees
9 Division 11 -- Transfer of Land Act 1893 amended
10 418. Act amended
11 This Division amends the Transfer of Land Act 1893.
12 419. Section 3 amended
13 (1) Before section 3(1) insert:
14
15 (1A) In this section --
16 geothermal energy has the meaning given in the
17 Petroleum, Geothermal Energy and Greenhouse Gas
18 Storage Act 1967 section 5(1);
19 geothermal energy resources has the meaning given in
20 the Petroleum, Geothermal Energy and Greenhouse
21 Gas Storage Act 1967 section 5(1);
22 greenhouse gas substance has the meaning given in
23 the Petroleum, Geothermal Energy and Greenhouse
24 Gas Storage Act 1967 section 6E(1);
25 mining, petroleum, geothermal energy or greenhouse
26 gas right has the meaning given in the Land
27 Administration Act 1997 section 3(1);
page 488
Petroleum Legislation Amendment Bill 2023
Other Acts amended Part 5
Transfer of Land Act 1893 amended Division 11
s. 419
1 regulated substance has the meaning given in the
2 Petroleum, Geothermal Energy and Greenhouse Gas
3 Storage Act 1967 section 5(1).
4
5 (2) In section 3(2)(a) after "petroleum," insert:
6
7 a regulated substance,
8
9 (3) In section 3(2):
10 (a) in paragraph (a) delete "geothermal energy or
11 geothermal energy resources; or" and insert:
12
13 geothermal energy, geothermal energy resources or the
14 injection and storage of greenhouse gas substances; or
15
16 (b) in paragraph (b) delete "petroleum or geothermal
17 energy" and insert:
18
19 petroleum, geothermal energy or greenhouse gas
20
21 (4) In section 3(3) delete the definitions of geothermal energy and
22 geothermal resources and insert:
23
24 geothermal energy, geothermal energy resources and
25 regulated substance have the meanings given in the
26 Petroleum and Geothermal Energy Resources
27 Act 1967.
28
29 (5) Delete section 3(3).
30 Note: The heading to amended section 3 is to read:
31 Application of other laws and this Act
page 489
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 12 Waterways Conservation Act 1976 amended
s. 420
1 Division 12 -- Waterways Conservation Act 1976 amended
2 420. Act amended
3 This Division amends the Waterways Conservation Act 1976.
4 421. Section 5 amended
5 In section 5(4)(c) delete "1967," and insert:
6
7 1967 or the Petroleum and Greenhouse Gas Storage
8 (Submerged Lands) Act 1982,
9
10 Division 13 -- Work Health and Safety Act 2020 amended
11 422. Act amended
12 This Division amends the Work Health and Safety Act 2020.
13 423. Part 16 Division 12 Subdivision 2 heading amended
14 In the heading to Part 16 Division 12 Subdivision 2 delete
15 "Petroleum and geothermal energy" and insert:
16
17 Petroleum, geothermal energy and greenhouse gas storage
18
19 424. Section 424 amended
20 In section 424 delete "Petroleum and Geothermal Energy" and
21 insert:
22
23 Petroleum, Geothermal Energy and Greenhouse Gas Storage
24
page 490
Petroleum Legislation Amendment Bill 2023
Other Acts amended Part 5
Work Health and Safety Act 2020 amended Division 13
s. 425
1 425. Section 425 amended
2 (1) In section 425(1) in the definition of levy period delete
3 "Petroleum and Geothermal Energy" and insert:
4
5 Petroleum, Geothermal Energy and Greenhouse Gas Storage
6
7 (2) In section 425(2) delete "Petroleum and Geothermal Energy"
8 and insert:
9
10 Petroleum, Geothermal Energy and Greenhouse Gas Storage
11
12 Note: The heading to amended section 425 is to read:
13 Petroleum, Geothermal Energy and Greenhouse Gas Storage
14 Safety Levies Act 2011 to continue to apply to past levy periods
15 426. Schedule 1 clause 6 amended
16 (1) In Schedule 1 clause 6(2) delete "Petroleum and Geothermal
17 Energy Resources Act 1967, the Petroleum Pipelines Act 1969 or the
18 Petroleum (Submerged Lands) Act 1982." and insert:
19
20 Petroleum, Geothermal Energy and Greenhouse Gas Storage
21 Act 1967, the Petroleum and Greenhouse Gas Pipelines Act 1969 or
22 the Petroleum and Greenhouse Gas Storage (Submerged Lands)
23 Act 1982.
24
25 (2) In Schedule 1 clause 6(3) delete "Petroleum and Geothermal
26 Energy" and insert:
27
28 Petroleum, Geothermal Energy and Greenhouse Gas Storage
29
page 491
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 14 Various Acts amended
s. 427
1 427. Schedule 1 clause 22 amended
2 In Schedule 1 clause 22 in the definition of mining and
3 petroleum industry paragraph (b) delete "Petroleum and
4 Geothermal Energy Resources Act 1967, the Petroleum Pipelines
5 Act 1969 or the Petroleum (Submerged Lands) Act 1982." and insert:
6
7 Petroleum, Geothermal Energy and Greenhouse Gas Storage
8 Act 1967, the Petroleum and Greenhouse Gas Pipelines Act 1969 or
9 the Petroleum and Greenhouse Gas Storage (Submerged Lands)
10 Act 1982.
11
12 Division 14 -- Various Acts amended
13 428. Various references to Petroleum and Geothermal Energy
14 Resources Act 1967 amended
15 (1) This section amends the Acts listed in the Table.
16 (2) In the provisions listed in the Table:
17 (a) delete "Petroleum and Geothermal Energy Resources
18 Act 1967" (each occurrence) and insert:
19
20 Petroleum, Geothermal Energy and Greenhouse Gas
21 Storage Act 1967
22
23 (b) delete "Petroleum and Geothermal Energy Resources
24 Act 1967" and insert:
25
26 Petroleum, Geothermal Energy and Greenhouse Gas
27 Storage Act 1967
28
page 492
Petroleum Legislation Amendment Bill 2023
Other Acts amended Part 5
Various Acts amended Division 14
s. 428
1 (c) delete "Petroleum and Geothermal Energy Resources
2 Act 1967 " and insert:
3
4 Petroleum, Geothermal Energy and Greenhouse Gas Storage
5 Act 1967
6
7 Table
Aboriginal Affairs Planning s. 30(2)
Authority Act 1972
Aboriginal Heritage Act 1972 s. 18(1)
Barrow Island Royalty Variation Long title
Agreement Act 1985 s. 5(3)
Biosecurity and Agriculture s. 134(2)(c)
Management Act 2007
Fire and Emergency Services s. 3A def. of owner par. (f)(iii)
Act 1998
Fish Resources Management s. 114
Act 1994
Gas Standards Act 1972 s. 5(1)(c)
Gas Supply (Gas Quality s. 3(1) def. of gas producer
Specifications) Act 2009 par. (a)
Heritage Act 2018 s. 6 def. of owner par. (g)
Local Government Act 1995 s. 1.4 def. of owner par. (e)(iii)
s. 6.27(c)
s. 6.29(1) def. of relevant
interest par. (b)
page 493
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 14 Various Acts amended
s. 429
Petroleum Titles (Browse Basin) s. 3 def. of lease R2
Act 2014 s. 3 def. of PGERA Minister
s. 3 def. of PGERA register
s. 3 def. of TR/5 inshore block
s. 3 def. of WA-30-R inshore
block
s. 3 def. of WA-315-P inshore
block
s. 4(1) and (2)
s. 7(2) and (3)
s. 9(1)
Port Authorities Act 1999 Sch. 8 cl. 75(1) def. of
authorisation par. (d)
Soil and Land Conservation Schedule
Act 1945
Valuation of Land Act 1978 s. 4(1) def. of unimproved value
par. (b)(ii)(IV) and (VA)
Waterways Conservation s. 5(4)(b)
Act 1976
1 Note: The heading to amended section 7 of the Petroleum Titles (Browse
2 Basin) Act 2014 is to read:
3 New exploration permit under Petroleum, Geothermal Energy and
4 Greenhouse Gas Storage Act 1967
5 429. Various references to Petroleum Pipelines Act 1969 amended
6 (1) This section amends the Acts listed in the Table.
page 494
Petroleum Legislation Amendment Bill 2023
Other Acts amended Part 5
Various Acts amended Division 14
s. 430
1 (2) In the provisions listed in the Table:
2 (a) delete "Petroleum Pipelines Act 1969" and insert:
3
4 Petroleum and Greenhouse Gas Pipelines Act 1969
5
6 (b) delete "Petroleum Pipelines Act 1969" and insert:
7
8 Petroleum and Greenhouse Gas Pipelines Act 1969
9
10 Table
Aboriginal Heritage Act 1972 s. 18(1a)(a)(ii)
Energy Coordination Act 1994 s. 24A(2)
s. 24C(1)
Gas Standards Act 1972 s. 4 def. of pipeline licensee
Gas Supply (Gas Quality s. 3(1) def. of gas transmission
Specifications) Act 2009 pipeline
s. 3(1) def. of operator
s. 3(1) def. of pipeline
Port Authorities Act 1999 Sch. 8 cl. 75(1) def. of
authorisation par. (d)
11 430. Various references to Petroleum (Submerged Lands)
12 Act 1982 amended
13 (1) This section amends the Acts listed in the Table.
page 495
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 14 Various Acts amended
s. 430
1 (2) In the provisions listed in the Table:
2 (a) delete "Petroleum (Submerged Lands) Act 1982" and
3 insert:
4
5 Petroleum and Greenhouse Gas Storage (Submerged
6 Lands) Act 1982
7
8 (b) delete "Petroleum (Submerged Lands) Act 1982" and insert:
9
10 Petroleum and Greenhouse Gas Storage (Submerged Lands)
11 Act 1982
12
13 (c) delete "Petroleum (Submerged Lands) Act 1982" and insert:
14
15 Petroleum and Greenhouse Gas Storage (Submerged Lands)
16 Act 1982
17
18 Table
Fish Resources Management s. 114
Act 1994
Gas Supply (Gas Quality s. 3(1) def. of gas producer
Specifications) Act 2009 par. (b)
Offshore Minerals Act 2003 s. 3(1) note 1, (2)(b) and (2)
note 4
s. 35 note 2
page 496
Petroleum Legislation Amendment Bill 2023
Other Acts amended Part 5
Various Acts amended Division 14
s. 431
Petroleum Titles (Browse Basin) s. 3 def. of adjacent area
Act 2014 s. 3 def. of lease TR/5
s. 3 def. of PSLA Minister
s. 3 def. of PSLA register
s. 3 def. of TR/5 renewal day
s. 3 def. of WA-30-R adjacent
area block
s. 3 def. of WA-315-P adjacent
area block
s. 3 def. of WA-398-P adjacent
area block
s. 5
s. 6(2) and (3)
s. 8(2), (3) and (4)
s. 9(1) and (2)
Port Authorities Act 1999 Sch. 8 cl. 75(1) def. of
authorisation par. (d)
1 431. Various references to "Part III" amended
2 (1) This section amends the Acts listed in the Table.
3 (2) In the provisions listed in the Table delete "Part III" and insert:
4
5 Part 3
6
7 Table
Gas Supply (Gas Quality s. 3(1) def. of gas producer
Specifications) Act 2009 par. (b)
page 497
Petroleum Legislation Amendment Bill 2023
Part 5 Other Acts amended
Division 14 Various Acts amended
s. 431
Petroleum Titles (Browse Basin) s. 3 def. of lease R2
Act 2014 s. 3 def. of lease TR/5
s. 6(3)
s. 7(3)
s. 8(3)
1 Note: In the Petroleum Titles (Browse Basin) Act 2014, the headings to the
2 amended sections listed in the Table are to read as set out in the
3 Table.
4 Table
Amended section Section heading
s. 6 New exploration permit under Petroleum and
Greenhouse Gas Storage (Submerged Lands)
Act 1982
s. 8 New exploration permit under Petroleum and
Greenhouse Gas Storage (Submerged Lands)
Act 1982 and subsequent expansion
[Index] [Search] [Download] [Related Items] [Help]